ARCHIVED - Agreement signed on 10 July 2009 and expired on 30 January 2010

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Council Affiliates

District council no 38 international brotherhood of painters, glaziers, drywall tapers and allied trades

International association of bridge, structural and ornamental iron workers, shipyards riggers, benchmen and helpers, local no. 643

International association of machinists and aerospace workers, local no. 456

International brotherhood of boilermakers, iron ship builders, blacksmiths, forgers and helpers, local no. 191

International brotherhood of electrical workers, local no. 230

International union of operating engineers, local no. 115

Machinists, fitters and helpers, local no. 3

Sheet metal workers' international association, local no. 276

Shipwrights, joiners and wood caulkers' industrial union, local no. 9

United association of journeymen and apprentices of the plumbing and pipefitting industry of the United States and Canada, local no. 324

United brotherhood of carpenters and joiners of America, local no. 1598

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Article 1
Purpose of Agreement

1.01 The purpose of this Agreement is to maintain harmonious relationships between the Employer, the Council and the employees and to set forth herein the terms and conditions of employment upon which agreement has been reached through collective bargaining.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement,

(a) "annual rate of pay" means an employee's hourly rate of pay multiplied by two thousand eighty-seven point zero four (2087.04);

(b) "bargaining unit" means all employees of the Employer in the Ship Repair Group of the Operational Category located on the west coast as described in the certificate issued by the Public Service Labour Relations Board on June 2, 1999;

(c) "common-law partner" refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year (conjoint de fait);

(d) "continuous employment" has the same meaning as in the existing rules and regulations of the Employer on the date this Agreement comes into effect;

(e) "Council" means the Federal Government Dockyards Trades and Labour Council (Esquimalt);

(f) "daily rate of pay" means an employee's hourly rate of pay multiplied by eight (8);

(g) "day" means the twenty-four (24)-hour period commencing at 0000 hour and ending at 2400 hours;

(h) "double time" means two (2) times the straight-time rate;

(i) "employee" means an employee as defined in the Public Service Labour Relations Act and who is a member of the Ship Repair bargaining unit;

(j) "Employer", except as specifically provided in clause 15.01, means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board;

(k) "harbour limits" shall be as follows:

(l) "holiday pay" means eight (8) hours' pay;

(m) "lay-off" means an employee whose employment has been terminated because of lack of work or because of the discontinuance of a function;

(n) "leave" means authorized absence from duty by an employee during the employee's regular or normal hours of work;

(o) "overtime" means time worked by an employee outside of the employee's regularly scheduled hours;

(p) "pay" means basic hourly rates of pay as specified in Appendix "A" and the differentials specified in Appendix "A" where applicable, and does not include shift premium;

(q) "sea trials" means trials conducted outside the harbour limits;

(r) "straight-time rate" means the hourly rate of pay;

(s) "time and one-half" means one and one-half (1 1/2) times the straight-time rate;

(t) "triple time" means three (3) times the straight-time rate;

(u) "weekly rate of pay" means an employee's hourly rate of pay multiplied by forty (40).

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,

(a) if defined in the Public Service Labour Relations Act, have the same meaning as given to them in that Act;

(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article 3
Conflict between Future Legislation
and the Collective Agreement

3.01 If any law now in force or enacted during the term of this Agreement renders null and void any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement. The parties shall thereupon seek to negotiate substitute provisions which are in conformity with the applicable law.

3.02 In the event that there is a conflict between the contents of this Agreement and any regulation except as provided under Section 113 of the Public Service Labour Relations Act, this Agreement shall take precedence over the said regulation.

Article 4
Application

4.01 The provisions of this Agreement apply to the Council, employees and the Employer.

4.02 Both the English and French texts of this Agreement shall be official.

4.03 Unless otherwise expressly stipulated, the provisions of this Agreement apply equally to male and female employees and words importing the masculine gender include feminine gender.

4.04 The Employer agrees to make available to each employee a copy of the Collective Agreement and Letters of Understanding for his/her retention.

Article 5
Managerial Responsibilities

5.01 The Council recognizes and acknowledges that the Employer has and shall retain the exclusive right and responsibility to manage its operation in all respects and it is expressly understood that all such rights and responsibilities not specifically covered or modified by this Agreement shall remain the exclusive rights and responsibilities of the Employer.

Such rights will not be exercised in a manner inconsistent with the expressed provisions of this Agreement.

5.02 This Article will not restrict the right of an employee to submit a grievance in accordance with the Public Service Labour Relations Act.

Article 6
Recognition

6.01 The Employer recognizes the Federal Government Dockyards Trades and Labour Council (Esquimalt) as the exclusive bargaining agent for all employees in the Ship Repair Occupational Group located on the west coast described in the certificate issued to the Council by the Public Service Labour Relations Board on June 2, 1999.

Article 7
Union Representation

7.01 Access to Employer's Premises

The Employer agrees that accredited union representatives of the Council and its constituent unions may have access to the Employer's premises upon notice to and the consent of the Employer and such consent shall not be unreasonably withheld.

7.02 Appointment of Stewards

The Employer acknowledges the right of the Council to appoint a reasonable number of employees as stewards.

7.03 Recognition of Council Representatives

The Employer recognizes Council officers and stewards as official union 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 a Council officer or steward without first giving the Council or the Union, as the case may be, an opportunity of making representations on his/her behalf.

The Council shall notify the Employer promptly and in writing of the names of its council officers and stewards and of any subsequent changes.

7.04 Leave for Council Officers and/or Stewards

(a) Time off with pay for Council officers and/or stewards to investigate and process complaints of employees may be granted upon request to their immediate superior. Such permission shall not be unreasonably withheld.

(b) Council officers and/or stewards shall inform their immediate supervisors before leaving their work to attend pre-arranged meetings with local management.

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

7.05 Provision of Bulletin Board Space

The Employer shall provide bulletin board space at appropriate locations in the shops for the posting of union material by the Council and its affiliates. The posting of this material shall be subject to management approval.

7.06 Arbitration Board and Conciliation Interest Commission

When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Council before an Arbitration Board or Public Interest Commission.

The Employer will grant leave with pay to an employee called as witness by an Arbitration Board or Public Interest Commission and when operational requirements permit, leave with pay to an employee called as a witness by the Council.

7.07 Labour Conventions

Subject to operational requirements, the Employer will grant leave without pay to a reasonable number of employees to attend conventions of labour bodies to which the union is affiliated.

Article 8
Council Security

8.01 The Employer shall as a condition of employment, deduct monthly an amount equivalent to regular membership dues, in a fixed amount, established by each of the Council affiliates according to each of 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.

8.02 The Council shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 8.01.

8.03 For the purpose of applying clause 8.01, 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. When an employee does not have sufficient earnings in respect of any calendar month to permit deductions, the Employer shall not be obligated to make such deductions from subsequent salary.

8.04 As soon as practicable after the signing of this Agreement, the Employer will provide the Council with an up-to-date list of all employees in the Ship Repair bargaining unit and will provide appropriate lists semi-annually (April 1^st and October 1^st) of all employees who have been assigned to or have left the bargaining unit during the period.

8.05 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.

8.06 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 Council, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

8.07 The amounts deducted in accordance with clause 8.01 shall be remitted by cheques to the person designated by the Council within fifteen (15) working days of the date on which the deduction is made. The cheques shall be made payable to each Council affiliate and shall be accompanied by particulars identifying, by Council affiliate, each employee alphabetically and the deductions made on the employee's behalf.

8.08 The Council 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 9
Leave - General

9.01 The amount of leave with pay credited to an employee by the Employer at the time this Agreement becomes effective, or at the time the employee becomes subject to this Agreement, shall be retained by the employee.

9.02 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of his/her leave with pay credits. In addition, as soon as possible after the end of the fiscal year, an employee shall be informed in writing of the balance of his/her leave with pay credits as of March 31^st.

9.03 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to the employee.

9.04 An employee shall not earn leave credits under this Collective Agreement in any month for which leave has already been credited to the employee under the terms of any other Collective Agreement to which the Employer is a party or under other rules or regulations of the Employer.

9.05 An employee is not entitled to leave with pay during periods the employee is on leave without pay or under suspension.

9.06 An employee shall not be granted two (2) different types of leave with pay with respect to the same time.

9.07 Except as otherwise specified in this Agreement, where leave without pay for a period in excess of three (3) months is granted to an employee, 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. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

9.08 Leave credits will be earned on a basis of a day being equal to eight (8) hours.

9.09 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for Bereavement Leave With Pay where a day is a calendar day.

9.10

(a) When an employee becomes subject to this Agreement, the employee's earned daily leave credits shall be converted into hours on the basis of one (1) day being equal to eight (8) hours.

(b) When an employee ceases to be subject to this Agreement, the employee's earned hourly leave credits shall be converted into days on the basis of eight (8) hours being equal to one day.

Article 10
Vacation Leave With Pay

10.01 Vacation Year

The vacation year shall be from April 1^st to March 31^st of the following year, inclusively.

10.02 Accumulation of Vacation Leave Credits

An employee shall earn, during the vacation year, vacation leave credits at the following rates for each calendar month during which the employee receives at least ten (10) days' pay:

(a) six (6) hours and forty (40) minutes per month until the month (for an annual total of 10 days) in which the anniversary of the employee's first (1^st) year of service occurs;

or

(b) ten (10) hours per month (for an annual total of 15 days) commencing with the month in which the employee's first (1^st) anniversary of service occurs;

or

(c) thirteen (13) hours and twenty (20) minutes per month (for an annual total of 20 days) commencing with the month in which the employee's eight (8^th) anniversary of service occurs;

or

(d) fourteen (14) hours and forty (40) minutes per month (for an annual total of 22 days) commencing with the month in which the employee's fifteenth (15^th) anniversary of service occurs;

or

(e) fifteen (15) hours and twenty (20) minutes per month (for an annual total of 23 days) commencing with the month in which the employee's seventeenth (17^th) anniversary of service occurs;

or

(f) sixteen (16) hours and forty (40) minutes per month (for an annual total of 25 days) commencing with the month in which the employee's eighteenth (18^th) anniversary of service occurs;

or

(g) eighteen (18) hours per month (for an annual total of 27 days) commencing with the month in which the employee's twenty-fifth (25^th) anniversary of service occurs;

or

(h) twenty (20) hours per month (for an annual total of 30 days) commencing with the month in which the employee's twenty-eighth (28^th) anniversary of service occurs.

(i) for the purpose of clause 10.02 only, all service within the Public Service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the Public Service within one year following the date of lay-off.

10.03 Employees shall be credited a one time entitlement of twenty-four (24) hours of vacation leave with pay on the first day of the month following the anniversary of the employee's first year of service.

10.04 Entitlement to Vacation Leave With Pay

An employee is entitled to vacation leave with pay to the extent of the employee's earned credits, but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.

10.05 Scheduling of Vacation Leave With Pay

Subject to clauses 10.06 and 10.07, employees shall, subject to work requirements, normally take all their vacation leave during the vacation year in which it is earned.

(a) To ensure vacation leave is planned and scheduled to optimum benefit, the following action will be taken:

(b) Where conflicts arise, vacation leave will be scheduled considering operational requirements, seniority (based on continuous service), and the leave application dates.

10.06 Vacation periods will be scheduled at a time convenient to the employee, subject to work requirements.

10.07 Subject to this Article , at least two (2) consecutive weeks' vacation shall be granted unless otherwise mutually agreed.

10.08 Carry-Over of Total Accumulated Vacation Leave for Ten (10) days or Less

Because of either the employee's personal circumstances or work requirements, it is recognized that all planned vacation may not be used. Therefore, carry-over of total vacation leave up to and including ten (10) accumulated days will be approved.

10.09 Carry-over of Total Accumulated Vacation Leave in Excess of Ten (10) days

By January 1^st of each year, requests to carry over vacation leave in excess of ten (10) total accumulated days, for special circumstances, must be submitted in writing, by the employee stating the reasons and approximate proposed vacation dates to the immediate supervisor. Such requests will be considered by Senior Management. Reasons for carry-over of vacation leave in excess of ten (10) days shall include but are not necessarily limited to the following:

(a) planned vacations requiring extensive periods;

(b) period to build a house;

and

(c) extensive periods for special events or circumstances requiring the employee's attendance or participation.

10.10 Use and Carry-Over of Vacation Leave

(a) an employee who has accumulated vacation leave is required to use, in addition to his/her annual vacation leave, twenty (20) days each year until all previously accumulated vacation leave is used;

(b) carry-over of such vacation leave will be allowed under the following circumstances:

10.11 Cancellation of Vacation Leave With Pay

When the Employer cancels or alters a period of vacation leave with pay which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee will make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

10.12

(a) Where, in respect of any period of vacation leave, an employee is granted bereavement leave, the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

(b) Where, in respect of any period of vacation leave, an employee requests:

the employer, at its discretion, may grant the leave requested and the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee and approved by the employer, or reinstated for use at a later date.

10.13 Leave When Employment Terminates

When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation with pay to the employee's credit by the daily rate of pay to which the employee is entitled by virtue of the certificate of appointment in effect at the time of the termination of the employee's employment.

10.14 In the event of termination of employment for reasons other than death, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation leave taken by the employee, calculated on the basis of the daily rate of pay to which the employee is entitled by virtue of the certificate of appointment in effect at the time of the termination of the employee's employment.

10.15 Advance Payments

The Employer agrees to issue advance payments of estimated net salary for the period of vacation requested, provided four (4) weeks' notice is received from the employee prior to the last pay day before proceeding on leave.

10.16 Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure.

10.17 Any overpayments in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

Article 11
Designated Paid Holidays

11.01 Subject to clause 11.02, the following days shall be designated paid holidays:

(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, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the first Monday in August,

and

(l) one additional day when proclaimed by an Act of Parliament as a national holiday.

11.02 Clause 11.01 applies only to an employee who is entitled to pay for at least ten (10) days during the thirty (30) calendar days immediately preceding the holiday.

11.03 Holiday Falling on a Day of Rest

When a day designated as a holiday under clause 11.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's next scheduled working day or to the second scheduled work day if the employee would otherwise lose credit for the holiday.

11.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 11.03,

(a) work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest,

and

(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

11.05 Compensation for Work on a Holiday

Where an employee works on a holiday the employee shall be paid at the following rates:

(a) holiday pay plus double time for the first eight (8) hours of work,

(b) triple time for hours worked in excess of eight (8) hours.

11.06 Holiday Coinciding with a Day of Paid Leave

Where a day that is a designated holiday for an employee falls within a period of leave with pay, the holiday shall not count as a day of leave.

Article 12
Sick Leave With Pay

12.01 Credits

An employee shall earn sick leave credits at the rate of ten (10) hours for each calendar month for which the employee is entitled to pay for at least eighty (80) hours.

12.02 Granting of Sick Leave With Pay

An employee is eligible for sick leave with pay when the employee is unable to perform his/her duties because of illness or injury provided that:

(a) the employee satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer,

and

(b) the employee has the necessary sick leave credits.

12.03 Unless otherwise informed by the Employer, a statement signed by the employee describing the nature of his/her illness or injury and stating that because of his/her illness or injury the employee was unable to perform his/her duties shall, when delivered to the Employer, be considered as meeting the requirements of clause 12.02(a).

12.04 An employee is not eligible for sick leave with pay during any period in which the employee is on leave without pay or under suspension.

12.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 12.02, sick leave with pay may, at the discretion of the Employer, be granted

(a) for a period of up to two-hundred (200) hours if the employee is awaiting a decision on an application for injury-on-duty leave,

or

(b) for a period of up to one hundred and twenty (120) hours if the employee has not submitted an application for injury-on-duty leave,

subject to the deduction of such advanced leave from any sick leave subsequently earned and, in the event of termination of employment for reasons other than death, the recovery of the advance from any monies owed the employee.

12.06 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not granted sick leave with pay.

12.07 Sick Leave credits earned but unused by an employee during a previous period of employment in the Public Service shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the Public Service within two (2) years from the date of layoff.

Article 13
Other Types of Leave With or Without Pay

13.01 In respect of any requests for leave under this Article , the employee may be required by the Employer to provide satisfactory validation of the circumstances necessitating such requests.

13.02 Bereavement Leave With Pay

For the purpose of this Article, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild or ward of the employee, grandchild, grandparent, father-in-law, mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently resides.

(a) Where a member of the employee's immediate family dies, an employee shall be entitled to bereavement leave with pay for a period of not more than five (5) days and not extending beyond the day following the funeral, and may, in addition, be granted up to three (3) days' bereavement leave with pay for the purpose of travel.

(b) An employee is entitled to bereavement leave with pay, up to a maximum of one (1) day, in the event of the death of the employee's son-in-law, daughter-in-law, brother-in-law or sister-in-law.

(c) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Commanding Officer may, after considering the particular circumstances involved, grant bereavement leave with pay in a manner other than specified in clauses 13.02(a) and 13.02(b) provided that the combined period of bereavement leave with pay does not exceed the amounts specified in clause 13.02(a) or 13.02(b).

13.03 Court Leave With Pay

The Employer shall grant leave with pay to an employee, other than an employee on leave without pay or under suspension, for the period of time the employee's presence is required during the employee's scheduled hours of work:

(a) to serve on a jury;

or

(b) by subpoena or summons to attend as a witness in any proceedings, except one to which an employee is party, held

(c) to appear on his/her own behalf or, when operational requirements permit, as a witness, before an adjudicator appointed by the Public Service Labour Relations Board.

13.04 Injury-on-Duty Leave With Pay

An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where a claim has been made pursuant to the Government Employees' Compensation Act, and a Worker's Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

(a) personal injury accidentally received in the performance of the employee's duties and not caused by the employee's wilful misconduct,

or

(b) an industrial illness or a disease arising out of and in the course of the employee's employment.

If the employee agrees to remit to the Receiver General for Canada any amount received by him/her in compensation for loss of pay resulting from or in respect of such injury or illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.

13.05 Personnel Selection Leave With Pay

Where an employee participates in a personnel selection process, including appeal process for a position in the Public Service, as defined in the Public Service Labour Relations Act, the employee is entitled to leave of absence with pay for the period during which the employee's presence is required for purposes of the selection process, including appeal process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his/her presence is so required. This clause applies equally in respect of the personnel selection process related to deployment.

**

13.06 Maternity Leave without Pay

(a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.

(b) Notwithstanding paragraph (a):

the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.

(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.

(e) An employee who has not commenced maternity leave without pay may elect to:

(f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

(g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

**

13.07 Maternity Allowance

(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:

(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

(d) At the employee's request, the payment referred to in subparagraph 13.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan maternity benefits.

(e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.

(f) The weekly rate of pay referred to in paragraph (c) shall be:

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly.

(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

**

13.08 Special Maternity Allowance for Totally Disabled Employees

(a) An employee who:

shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 13.07 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance Plan maternity benefits for the reasons described in subparagraph (a)(i).

**

13.09 Parental Leave Without Pay

(a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.

(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child comes into the employee's care.

(c) Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two periods.

(d) Notwithstanding paragraphs (a) and (b):

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee's care.

(e) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the commencement date of such leave.

(f) The Employer may:

(g) Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

**

13.10 Parental Allowance

(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:

(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(d) At the employee's request, the payment referred to in subparagraph 13.10(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan benefits.

(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.

(f) The weekly rate of pay referred to in paragraph (c) shall be:

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.

(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

(k) The maximum combined, shared maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.

**

13.11 Special Parental Allowance for Totally Disabled Employees

(a) An employee who:

(b) An employee shall be paid an allowance under this clause and under clause 13.09 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).

13.12 Leave Without Pay for the Care and Nurturing of Pre-School Age Children

Subject to operational requirements, an employee shall be granted leave without pay for the personal care and nurturing of the employee's preschool age children in accordance with the following conditions:

(a) an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave;

(b) leave granted under this clause shall be for a minimum period of six (6) months;

(c) the total leave granted under this clause shall not exceed five (5) years during an employee's total period of employment in the Public Service;

(d) such leave shall be deducted for the calculation of "continuous employment" for the purposes of calculating severance pay and vacation leave.

13.13 Leave Without Pay for Family-Related Needs

Leave without pay will be granted for family-related needs, in the following manner:

(a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for family-related needs;

(b) subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for family-related needs;

(c) an employee is entitled to leave without pay for family-related needs only once under each of (a) and (b) of this clause during the employee's total period of employment in the Public Service. Leave without pay granted under this clause may not be used in combination with maternity, paternity or adoption leave without the consent of the Employer;

(d) leave without pay granted under (a) of this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave for the employee involved;

(e) leave without pay granted under (b) of this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave for the employee involved.

13.14 Leave Without Pay for Relocation of Spouse

(a) At the request of an employee, leave without pay for a period up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.

(b) Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave for the employee involved except where the period of such leave is less than three (3) months.

13.15 Leave With Pay for Family-Related Responsibilities

(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with the employee), children (including children of legal or common-law spouse), foster child, parents (including step-parents or foster parents), or any relative residing in the employee's household or with whom the employee permanently resides.

(b) Subject to urgent work requirements, leave with pay shall be granted under the following circumstances:

(c) The total leave with pay which may be granted under sub-clause (b)(i), (ii), (iii), (iv) and (v) shall not exceed forty (40) hours in a fiscal year.

13.16 Volunteer Leave

(a) Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to eight (8) hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;

(b) The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

13.17 Leave With or Without Pay for Other Reasons

(a) At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this Agreement.

(b) At its discretion, the Employer may grant leave with pay when circumstances not directly attributable to the employee prevent his/her reporting for work, including civil defence exercises and emergencies affecting the community or place of work. Such leave shall not be unreasonably withheld.

(c) Reasons for requesting leave without pay for personal reasons, other than those specified in this Agreement, will not be required of the employee unless the request is excessive or the granting of such leave would interfere with urgent work commitments. Permission to take such leave will not be unreasonably withheld. Where a dispute occurs, the matter may be referred directly to the appropriate Level of Management.

(d)

Article 14
Education Leave Without Pay
Career Development Leave With Pay and
Examination Leave With Pay

Education Leave Without Pay

14.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee's present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

14.02 At the Employer's discretion, an employee on education leave without pay under this article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

14.03 Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

14.04 As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee:

(a) fails to complete the course;

(b) does not resume employment with the Employer on completion of the course;

or

(c) ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has undertaken to serve after completion of the course; the employee shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.

14.05 Career Development Leave With Pay

(a) Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:

(b) Upon written application by the employee, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in sub-clause 14.05(a) above. The employee shall receive no compensation under Article 16, Days of Rest, Hours of Work and Overtime, and Article 18, Travelling, of this collective agreement during time spent on career development leave provided for in this clause.

(c) Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

14.06 Examination Leave With Pay

At the Employer's discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee's scheduled hours of work. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his or her qualifications.

Article 15
Severance Pay

15.01 For the purpose of this Article, the terms:

(a) "Employer" includes any organization, service with which is included in the calculation of "continuous employment";

(b) "weekly rate of pay" means the employee's hourly rate of pay as set out in Appendix "A" multiplied by forty (40) applying to the employee's classification, as shown in the instrument of appointment.

15.02 Lay-off

An employee who has one (1) year or more of continuous employment and who is laid off, shall be paid severance pay based on completed years of continuous employment less any period within the period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer. It shall be calculated at the rate of two (2) weeks' pay for the first year of continuous employment and one (1) week's pay for each succeeding completed year of continuous employment on the first lay-off and one (1) week's pay for each completed year of continuous employment on a subsequent lay-off. In the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).

15.03 Resignation

An employee who has ten (10) or more years of continuous employment on resignation shall be paid severance pay calculated by multiplying half the employee's weekly rate of pay on resignation by the number of completed years of continuous employment to a maximum of twenty-six (26) years less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.04 Retirement

An employee who is entitled to an immediate annuity or an immediate annual allowance under the Public Service Superannuation Act, or an employee who has five (5) years of continuous employment and who has attained the age of fifty-five (55) years and resigns shall be paid severance pay calculated by multiplying the employee's weekly rate of pay on termination of employment by the number of completed years of continuous employment and in the case of a partial year of continuous employment, one week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks pay, less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.05 Death

Regardless of any other payment to an employee's estate, if the employee dies there shall be paid to the estate, severance pay calculated by multiplying the employee's weekly rate of pay at the time of death by the number of completed years of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.06 Termination for Cause for Reasons of Incapacity

When an employee ceases to be employed by reason of termination for cause for reason of incapacity pursuant to Section 12(1)(e) of the Financial Administration Act, one week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

15.07 Rejection on Probation

An employee with two (2) or more years of continuous employment who ceases to be employed for reasons of rejection during the employee's probationary period immediately following a second or subsequent appointment shall be paid severance pay calculated by multiplying the employee's weekly rate of pay on rejection during probation by the number of completed years of continuous employment to a maximum of twenty-seven (27) years less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

15.08 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 severance pay, retiring leave or a cash gratuity in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under clauses 15.01 to 15.07 be pyramided.

Article 16
Hours of Work and Overtime

16.01 Hours of Work

(a) The hours of work shall be forty (40) hours per week and eight (8) hours per day.

(b) The workweek and workdays shall be from Monday to Friday inclusive.

(c) The first and second days of rest shall be Saturday and Sunday respectively.

16.02 The hours of work shall be scheduled as follows:

(a) the first (night) shift shall be from 0000 hour to 0800 hours with an unpaid meal period from 0400 hours to 0430 hours;

(b) the second (day) shift shall be from 0800 hours to 1630 hours with an unpaid meal period from 1200 hours to 1230 hours;

(c) the third (evening) shift shall be from 1600 hours to 2400 hours with an unpaid meal period from 2000 hours to 2030 hours.

16.03 Notwithstanding the provisions of clause 16.02, the Council recognizes the requirement for certain employees to regularly report for work and to cease work at different hours than those established in clause 16.02, and the Employer agrees to discuss with the Council such changes in working hours before implementing them.

16.04 The hours of work described in clauses 16.01 and 16.02 shall not be construed as a guarantee of a minimum or of a maximum hours of work.

16.05 An employee who is transferred from one shift to another within eight (8) hours or less from the completion of the employee's previous shift shall be subject to the application of clause 16.09 for all hours worked on that first shift of the new schedule.

16.06 Notwithstanding the provisions of clause 16.02:

(a) an employee who works on the first or third shift:

shall receive a shift premium as specified in clause 25.01.

(b) An employee who works on the first or third shift, other than as described in 16.06(a) shall be paid at double (2) time rate for each hour so worked and no shift premium shall be paid.

(c) Notwithstanding 16.06(a), there may be occasions when it is mutually beneficial for employees to return to work before 16.06(a)(i), (ii) or (iii) have been satisfied. When an agreement is reached, the agreement shall be co-signed by the Council and local management. There will be no entitlement to further compensation as per article 16.06(b) above.

16.07 The Employer endeavours to schedule shift work only when necessary.

16.08 Overtime

The Employer will make every reasonable effort:

(a) to distribute overtime fairly among available qualified employees;

(b) to give at least four (4) hours' advance notice to employees who are required to work overtime;

(c) to keep overtime to a minimum.

16.09 Overtime Compensation

Subject to clause 16.11, overtime shall be compensated at the following rates:

(a) double (2) time for each hour of overtime worked after having worked the scheduled hours of work to a maximum of sixteen (16) hours on a regular workday Monday to Friday inclusive and for all hours worked on a day of rest up to a maximum of sixteen (16) hours;

(b) triple (3) time for each hour of overtime worked after sixteen (16) hours' work in any twenty-four (24)-hour period, and for all hours worked by an employee who is recalled to work before the expiration of the ten (10)-hour rest period referred to in clause 16.10.

16.10 An employee who works for a period of more than fifteen (15) hours in a twenty-four (24)-hour period shall report on his/her next regular scheduled shift when a period of ten (10) hours has elapsed from the end of the previous working period. If, in the application of this clause, an employee works less than his/her next full shift, the employee shall, nevertheless, receive eight (8) hours' regular pay.

16.11 An employee is entitled to overtime compensation for each completed six (6)-minute period of overtime worked by him/her.

16.12 When management requires an employee to work through the employee's regular meal period during the employee's regularly scheduled shift, as specified in clause 16.02, the employee shall be paid at the applicable overtime rate for the period worked therein, and the employee shall be given time off with pay to eat within one hour of the regular meal period.

16.13

(a) Notwithstanding the provisions of clauses 16.09, 16.10 and 18.03 an employee may request, in lieu of overtime payment, compensatory leave with pay. Approval of the Employer shall not be unreasonably withheld.

(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.

(c) Compensatory leave resulting from overtime worked during the first three quarters of the fiscal year (April 1^st to December 31^st), shall be used by the employee by March 15^th of that year, otherwise the compensatory leave will be paid based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment in the employee's substantive position on December 31^st.

(d) Compensatory leave resulting from overtime worked between January 1^st and March 14^th inclusive, and not used by March 15^th, may be carried over to the next quarter following submission of a written request and a Leave Form to, and approval of the Department Head. Such compensatory leave carried over shall be used during that quarter, otherwise it will be paid based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment in the employee's substantive position on March 14^th.

(e) Compensatory leave resulting from overtime worked between March 15^th and March 31^st will be carried over to the next fiscal year unless the employee requests that it be paid. If so requested, compensatory leave will be paid based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment in the employee's substantive position on March 31^st.

16.14 Rest Periods

The Employer shall schedule two (2) rest periods of ten (10) minutes each during each full shift. Rest periods are to be taken such that any travel time involved is to be inclusive of the ten (10)-minute period.

The Employer agrees, where operational requirements permit, to continue the present practice of providing rest periods during scheduled overtime on days of rest and designated paid holidays.

16.15 Overtime Meal Allowance

(a) A meal allowance of ten dollars and fifty cents ($10.50) will be paid:

(b) Except as provided in clause 16.15(a)(iii), an employee who works overtime on days of rest or holidays is not entitled to a meal allowance for the first eight (8) hours worked. A meal allowance of ten dollars and fifty cents ($10.50) will be paid for each subsequent four (4)-hour period of overtime worked.

(c) The provisions of clauses 16.15(a) and (b) will not apply to employees assigned to sea trials where meals are provided without charge to the employees during periods described in clauses 16.15(a) and (b).

Article 17
Wash-Up Time

17.01 A schedule shall be arranged by management to allow employees time to put away tools and wash up before meal periods and before the end of each shift. Periods of five (5) minutes will be allowed for employees working at their regular work centers and longer periods will be scheduled as necessary when employees are assigned to other locations.

Article 18
Travelling

18.01 No employee shall be required by the Employer to use his/her own car for government business.

18.02

(a) Where an employee is required by the Employer to work at a point outside the employee's headquarters area, the employee shall be reimbursed for reasonable expenses as defined by the Employer.

(b) When an employee is required by the Employer to travel to points within the headquarters area, the employee shall be paid a mileage allowance or transportation expenses at the rate paid by the Employer.

(c) When an employee travels through more than one (1) time zone computation will be made as if he had remained in the time zone of the point of origin for continuous travel and in the time zone of each point of overnight stay after the first day of travel.

18.03 Where an employee is required by the Employer to travel to a point away from the employee's normal place of work, the employee shall be compensated as follows:

(a) on any day on which the employee travels but does not work, at the applicable straight-time or overtime rate for the hours travelled, but the total amount shall not exceed fifteen (15) hours' straight time;

(b) on a normal workday in which the employee travels and works:

(c) on a rest day on which the employee travels and works, at the applicable overtime rate:

(d) notwithstanding the limitations stated in clause 18.03(a), (b) and (c), where an employee travels on duty, but does not work, for more than four (4) hours between 2200 hours and 0600 hours, and no sleeping accommodation is provided, the employee shall be compensated at the applicable overtime rate for a maximum of fifteen (15) hours' straight-time pay.

18.04 An employee will normally be given a rest period of eight (8) hours between the time the employee arrives at his/her destination and the time the employee is required to report for work.

18.05 The Employer recognizes the value of safety belts or barriers in vehicles not designed for the carrying of passengers and will endeavour to provide vehicles with such equipment for transporting employees.

18.06 When an employee dies or is injured as a result of an unscheduled flight the employee is required to undertake, the employee or the employee's estate shall be paid compensation with respect to flying accidents in accordance with the policy in force at the time the accident occurred.

18.07

(a) An employee assigned to a military establishment when in travel status will not be required to make use of the establishment for accommodation and messing except where it is evident that to stay elsewhere would be inconsistent with good order and common sense (for example, certain training courses, no suitable commercial accommodation is convenient and available, etc.).

(b) Subject to clause 18.07(a), when an employee is required to utilize service accommodation, such accommodation shall be the equivalent where available, of good commercial accommodation.

18.08 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 (1) 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) 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) This leave with pay is deemed to be compensatory leave and is subject to paragraphs 16.13.

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

Article 19
Call-Back Pay

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

(a) on a designated paid holiday which is not an employee scheduled day of work,

or

(b) on an employee's day of rest,

or

(c) after the employee has completed his/her work for the day, and returns to work the employee shall be paid the greater of:

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.

19.02 Overtime earned under clause 19.01 shall be compensated in cash except where, upon application by the employee and at the discretion of the Employer, overtime may be taken in the form of compensatory leave in accordance with clause 16.13 of Article 16, Hours of Work and Overtime.

19.03 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.

19.04 Payment 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.

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