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Appendix M
25.01 An employee's
scheduled hours of work shall not be construed as guaranteeing the employee minimum
or maximum hours of work.
25.02 The Employer
agrees that, before a schedule of working hours is changed, the changes will be
discussed with the appropriate steward of the Alliance if the change will affect
a majority of the employees governed by the schedule.
25.03 Provided sufficient advance notice is
given and with the approval of the Employer, employees may exchange shifts if there
is no increase in cost to the Employer.
**
25.04 Except as provided for in clause 25.05,
the normal workweek shall be thirty-seven decimal five (37.5) hours exclusive of
lunch periods, comprising five (5) days of seven decimal five (7.5) hours each,
Monday to Friday. The workday shall be scheduled to fall within an eight (8) hour
period where the lunch period is one-half (1/2) hour or within an eight decimal
five (8.5) hour period where the lunch period is more than one half (1/2) hour and
not more than one (1) hour. Such work periods shall be scheduled between the hours
of 0600 and 1800 unless otherwise agreed in consultation with the Alliance and the
Employer at the appropriate level.
25.05 For employees who work on a rotating or
irregular basis:
- normal
hours of work shall be scheduled so that employees work:
**
- an average of thirty-seven decimal five (37.5)
hours per week and an average of five (5) days per week;
and
**
- either seven decimal five (7.5) hours per day;
or
**
- an average of seven decimal five (7.5) hours
per day where so agreed between the Employer and the majority of the employees affected;
- subject to the operational requirements of
the service, an employee's days of rest shall be consecutive and not less than two
(2).
- Every
reasonable effort shall be made by the Employer:
- not to schedule the commencement of a shift
within twelve (12) hours of the completion of the employee's previous shift;
- to avoid excessive fluctuations in hours of
work;
- to consider the wishes of the majority of
employees concerned in the arrangement of shifts within a shift schedule;
- to arrange shifts over a period of time not
exceeding two (2) months and to post schedules at least seven (7) days in advance
of the starting date of the new schedule.
**
25.06 Notwithstanding the provisions of this
Article, upon request of an employee and the concurrence of the Employer, an employee
may complete his or her weekly hours of employment in a period other than five (5)
full days provided that over a period of twenty-eight (28) calendar days the employee
works an average of thirty-seven decimal five (37.5) hours per week. As part of
the provisions of this clause, attendance reporting shall be mutually agreed between
the employee and the Employer. In every twenty-eight-day (28) period such an employee
shall be granted days of rest on such days as are not scheduled as a normal workday
for the employee.
25.07 The Employer shall make every reasonable
effort to schedule a meal break of at least one-half (1/2) hour during each full
shift which shall not constitute part of the work period. Such meal break shall
be scheduled as close as possible to the mid-point of the shift, unless an alternate
arrangement is agreed to at the appropriate level between the Employer and the employee.
If an employee is not given a meal break scheduled in advance, all time from the
commencement to the termination of the employee's full shift shall be deemed time
worked.
25.08 When an employee's scheduled shift does
not commence and end on the same day, such shift shall be considered for all purposes
to have been entirely worked:
- on the
day it commenced where one-half or more of the hours worked fall on that day;
or
- on the
day it terminates where more than one-half of the hours worked fall on that day.
Accordingly, the first (1st) day of rest will be considered to
start immediately after midnight of the calendar day on which the employee worked
or is considered to have worked his or her last scheduled shift; and the second
(2nd) day of rest will start immediately after midnight of the employee's first
(1st) day of rest, or immediately after midnight of an intervening designated paid
holiday if days of rest are separated thereby.
25.09 Two (2) rest periods of fifteen (15) minutes
each shall be scheduled during each normal working day.
25.10 If an employee is given less than seven
(7) days' advance notice of a change in that employee's shift schedule, the employee
will receive a premium rate of time and one-half (1 1/2) for work performed on the
first (1st) shift changed. Subsequent shifts worked on the new schedule shall be
paid for at straight time.
Terms
and Conditions Governing the Administration of Variable Hours of Work
25.11 The terms and conditions governing the
administration of variable hours of work implemented pursuant to paragraph 25.05(a)
and clause 25.06 are specified in clauses 25.11 to 25.14. This Agreement is modified
by these provisions to the extent specified herein.
25.12 Notwithstanding anything to the contrary
contained in this Agreement, the implementation of any variation in hours shall
not result in any additional overtime work or additional payment by reason only
of such variation, nor shall it be deemed to prohibit the right of the Employer
to schedule any hours of work permitted by the terms of this Agreement.
25.13
**
- The scheduled
hours of work of any day, may exceed or be less than seven decimal five (7.5) hours;
starting and finishing times, meal breaks and rest periods shall be determined according
to operational requirements as determined by the Employer and the daily hours of
work shall be consecutive.
**
- Such
schedules shall provide an average of thirty-seven decimal five (37.5) hours of
work per week over the life of the schedule. The maximum life of a schedule for
day shift workers shall be twenty-eight (28) days. The maximum life of a shift schedule
for shift workers shall be one hundred and twenty-six (126) days.
- Whenever
an employee changes his or her variable hours or no longer works variable hours,
all appropriate adjustments will be made.
25.14 For greater certainty, the following provisions
of this Agreement shall be administered as provided herein:
- Interpretation and Definitions
(clause 2.01)
- "Daily
rate of pay" - shall not apply.
- Minimum Number of Hours
Between Shifts
- Subparagraph
25.05(b)(i), relating to the minimum period between the end of the employee's shift
and the beginning of the next shift, shall not apply.
- Exchange of Shifts (clause
25.03)
- On exchange
of shifts between employees, the Employer shall pay as if no exchange had occurred.
- Designated
Paid Holidays (clause 32.05)
- A designated paid holiday shall account for
seven decimal five (7.5) hours.
- When an employee works on a designated paid
holiday, the employee shall be compensated, in addition to the pay for the hours
specified in subparagraph (i), at time and one-half (1 1/2) up to his or her regular
scheduled hours worked and at double (2) time for all hours worked in excess of
his or her regular scheduled hours.
- Travel
- Overtime
compensation referred to in clause 34.04 shall only be applicable on a workday for
hours in excess of the employee's daily scheduled hours of work.
- Acting Pay
- The qualifying
period for acting pay as specified in paragraph 64.07(a) shall be converted to hours.
- Shift Premium
- Shift work
employees on variable hour shift schedules pursuant to Appendix D of this agreement
will receive a shift premium in accordance with clause 27.01.
- Overtime
- Overtime
shall be compensated for all work performed on regular working days or on days of
rest at time and three-quarters (1 3/4).
**Appendix N
This Memorandum is to give effect to the agreement reached between
the Employer and the PSAC respecting sessional leave for certain employees of the
Translation Bureau.
This Memorandum of Agreement shall apply to employees classified
as GT who are assigned in the operational sections serving Parliament (Parliamentary
Committees, Parliamentary Debates, Parliamentary Documents and Parliamentary Interpretation
Services) and who share the same working conditions as members of the Translation
bargaining unit who are eligible for Parliamentary Leave.
Notwithstanding the provisions of this Agreement, the following
is agreed:
- Sessional
Leave
- In addition
to their vacation leave with pay, employees assigned to operational translation
and interpretation sections serving Parliament shall receive special compensation
in the form of sessional leave.
- The maximum
number of days of sessional leave is forty (40) per fiscal year.
- An employee is entitled to a number of days
of sessional leave equal to the maximum number of days multiplied by a fraction
in which the numerator corresponds to the number of the employee's sessional workdays
during the fiscal year and the denominator corresponds to the number of days that
the House of Commons was in session during that fiscal year.
- The granting of sessional leave is subject to operational
requirements and such leave must normally be taken during periods of low demand
in the fiscal year for which it is granted. If operational requirements do not permit
the Employer to grant sessional leave during the fiscal year, such leave must be
granted before the end of the following fiscal year.
- If an
employee is granted sessional leave in advance and, at the end of the fiscal year,
has been granted more leave of this type than earned, the maximum number of days
referred to in paragraph (b) shall be reduced accordingly.
- Exclusions
- The provisions of Part III of this Agreement, except for clauses
32.01 to 32.03 and 32.08, do not apply to employees who receive sessional leave
in accordance with this Memorandum.
Appendix O
**
- Supplemental Unemployment Benefit (SUB) Plan benefits
shall be payable to full-time indeterminate employees in the amount and subject
to the conditions set out in this Plan. The employee must be on off-pay status as
a result of a temporary stoppage of work and must have a recall date. Seasonal employees
as defined in the Employer's Directive on Terms and Conditions of Employment are
not eligible for SUB Plan benefits.
- In order
to be eligible for SUB Plan benefits an employee must have completed a minimum of
two (2) years of continuous employment with the Employer at the time they are placed
on off-pay status.
- SUB Plan
benefits will be payable only to those employees on off-pay status who provides
the Employer with proof that he or she has applied for and is in receipt of Employment
Insurance (EI) benefits pursuant to section 12(2) of the Employment Insurance Act in respect of insurable employment with the
Employer.
- An employee shall not be entitled
to SUB Plan benefits during any period the employee is in receipt of benefits from
a claim for Workers Compensation and/or Disability Insurance/Canada Pension Plan/Quebec
Pension Plan.
- An employee on off-pay status who is eligible for
benefits under this SUB plan shall receive seventy per cent (70 %) of their regular
weekly rate of pay per week of off-pay status, or one-fifth (1/5) of the said seventy
per cent (70 %) of their regular weekly rate of pay for each day, less the gross
weekly amount received from EI during the benefit period and subject to the following
maximums:
After two (2) years of continuous
employment |
15 weeks |
After six (6) years of continuous
employment |
17 weeks |
After seven (7) years of continuous
employment |
19 weeks |
After eight (8) years of continuous
employment |
21 weeks |
After nine (9) years of continuous
employment |
23 weeks |
After ten (10) years of continuous
employment |
25 weeks |
After eleven (11) years of
continuous employment |
27 weeks |
After twelve (12) years of
continuous employment |
29 weeks |
After thirteen (13) years of
continuous employment |
31 weeks |
After fourteen (14) years of
continuous employment |
33 weeks |
After fifteen (15) years or more of
continuous employment |
35 weeks |
No employee
shall be paid SUB Plan benefits for more than thirty-five (35) weeks in a calendar
year.
- Where the employee is subject to the two (2) week
waiting period before receiving EI benefits, the employee on off-pay status who
is eligible for benefits under the SUB Plan shall receive thirty-five per cent (35
%) of their regular weekly rate of pay.
- The SUB Plan benefits
are limited to those provided in paragraph (5) and an employee will not be reimbursed
for any amount that he or she is required to repay pursuant to the Employment Insurance Act.
- At the employee's request,
the payment referred to in paragraph (6) will be estimated and advanced to the employee.
Adjustments will be made once the employee provides proof of receipt of EI benefits.
- The
weekly rate of pay referred to in paragraphs (5) and (6) shall be:
-
the employee's weekly rate of pay for the substantive
level to which she or he is appointed, on the day immediately preceding the commencement
of off-pay status;
or
- if on the day immediately preceding the commencement
of off-pay status an employee has been 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.
- Where an employee becomes
eligible for a pay increment or pay revision while on off-pay status, the benefits
provided by the SUB Plan shall be adjusted accordingly.
- An employee covered
by this Memorandum is not subject to the WFA (Appendix T), sections dealing with
notice of layoff and reasonable job offer or the Severance Pay Article of the Collective
Agreement.
- Payments made under
this SUB Plan will neither reduce nor increase an employee's severance pay or be
treated as additional income for pension purposes.
- The Employer
shall notify employees on off pay status of any job postings for positions within
the Canadian Grain Commission.
This does not prejudice the union's ability to challenge off
pay status or the Employer's ability to impose off pay status.
Appendix P
Preamble
In an effort to resolve retention problems, the Employer will
provide an allowance to incumbents of specific positions for the performance of
duties in the Technical Inspection Group.
Employees in Transport Canada, Transport Safety Board, Public
Works and Government Services Canada, and Fisheries and Oceans, Canadian Coast Guard
who are incumbents at the TI-5 through TI-8 levels in the following positions and
who possess the listed qualifications shall be entitled to Terminable Allowances
as listed below.
- marine
inspectors, surveyors, investigators and DFO-CCG Vessel Support Group employees
who have knowledge of and extensive experience in the design, construction, operation
or maintenance of vessels as demonstrated by possession of the appropriate marine
certificate of competency or university degree/diploma, combined with extensive
experience in the field.
- air investigators,
civil aviation safety inspectors and aircraft inspectors who have extensive aircraft
maintenance engineering experience and who possess a valid Aircraft Maintenance
Engineer licence.
- civil aviation safety inspectors holding
a university degree, college certificate or a current membership in the American
Society for Quality Control, with six (6) to ten (10) years of manufacturing process
experience. Non-destructive specialist having ten (10) years in the field of non-destructive
testing, preferably with an aircraft background and a C.G.S.B certification covering
Radiography (Aircraft Structures), Magnetic Particle, Liquid Penetrant and Eddy
Current inspection are also employed.
- rail investigators and inspectors with qualifications
in at least one of the following disciplines: locomotive engineer, conductor, brake
person, track specialist, rail traffic controller/dispatcher, equipment/car/locomotive
inspector, mechanical officer, signal maintainer and operations officer, and with
extensive operational experience in the railway industry or CANAC/FRA certification.
- On the
date of signing of this Memorandum of Understanding, the parties agree that incumbents
of above listed positions shall be eligible to receive a "terminable allowance"
in the following amounts and subject to the following conditions:
**
- An Allowance to be paid in accordance with the
following grids:
Terminable Allowance - Aviation
Level |
Monthly Payments in Respect of June 2007 to June 2011 |
TI-5 |
$246.92 |
TI-6 |
$549.17 |
TI-7 |
$759.83 |
TI-8 |
$759.83 |
Terminable Allowance
- Marine
Level |
Monthly Payments
in Respect of June 2007 to June 2011 |
TI-5 |
$486.92 |
TI-6 |
$916.67 |
TI-7 |
$609.83 |
TI-8 |
$609.83 |
Terminable Allowance
- Railway Safety
Level |
Monthly Payments in Respect of June 2007 to June 2011 |
TI-6 |
$469.16 |
TI-7 |
$469.16 |
TI-8 |
$469.16 |
- The terminable allowance specified above does
not form part of an employee's salary.
- An employee in the positions outlined above
shall be paid the terminable allowance for each calendar month for which the employee
receives at least seventy-five (75) hours' pay.
- The terminable allowance shall not be paid
to or in respect of a person who ceased to be a member of the bargaining unit prior
to the date of signing of this Collective Agreement.
- Subject to 1(vi)
below, the amount of the terminable allowance payable is that amount specified in
1(i) for the level prescribed in the certificate of appointment of the employee's
substantive position.
- When an employee is required by the Employer
to perform the duties of a higher classification level in accordance with clause
65.07, the terminable allowance payable shall be proportionate to the time at each
level.
- Part-time employees shall be entitled to the
terminable allowance on a pro-rata basis.
- The parties
agree that disputes arising from the application of this Memorandum of Understanding
may be subject to consultation.
**
- This Memorandum
of Understanding expires on June 21, 2011.
Appendix Q
For the term of this Collective Agreement after the date of its
signing, employees in the General Technical, Technical Inspection and Engineering
and Scientific Support Groups, employed by the Department of National Defence in
positions at Defence Research Establishments engaged in trials, tests and experiments
conducted outside their headquarters area will be remunerated in accordance with
the former employer's (Defence Research Board) remuneration policy, as delineated
in Personnel Letter No. 1-1974, dated January 4, 1974, DRB Administrative Order
No. 304 and Appendix A thereto.
Appendix R
The following special conditions shall apply only to aircraft
maintenance engineers of the Aircraft Services Directorate, Transport Canada:
- When Aircraft
Services Directorate helicopter aircraft maintenance engineers are performing their
duties while assigned to shipboard or special assignment,
-
- The following provisions
of the Collective Agreement shall not apply:
- Articles 25 and 28 –
Hours of Work and Overtime
- Article 27 – Shift Premiums
- Article 29 – Call-Back Pay
- Article 30 – Standby
- Article 31 – Reporting Pay
- Clause 32.05 – Compensation for work on a holiday
- Article 34 – Travelling Time
- Article 61 – Wash-up Time
- Appendix K-4 – Transfer at Sea Allowance
- Notwithstanding
the above, Travel Status Leave, Clause 34.09 of this Agreement, shall apply to employees
covered under the Special Assignment Allowance in clause (c) below.
- They shall receive a weekly shipboard or special
assignment allowance of thirty (30) hours compensation at the rate of time and one-half
(1 1/2) for each period of seven (7) days in which he or she is required to undertake
shipboard or special assignment duties. Periods of less than seven (7) days will
be prorated.
- The special assignment allowance applies to
helicopter operations north of fifty-five (55o) degrees latitude north.
- The
shipboard or special assignment allowance shall not apply to employees receiving
isolated post allowance or any other special allowance for hardship and isolation.
- Subject to operational requirements, as determined
by the Employer, compensation earned under sub-clause 1(b) may, at the request of
the Employer or the employee, and with reasonable notice, be granted in leave at
times mutually convenient.
- If
any such leave cannot be liquidated by the end of the fiscal year, then payment
in cash will be made at the employee's then current rate of pay.
- When
an aircraft maintenance engineer on shipboard or special assignment works on a designated
paid holiday, he or she shall be credited with one (1) day of leave with pay in
lieu of the holiday.
-
- Aircraft
maintenance engineers who are required to perform flight duties other than test
flights shall be paid an allowance of one-hundred dollars ($100) per month, provided
such employees complete not less than fifteen (15) hours' flying time in the performance
of such duties each calendar quarter.
- Aircraft
maintenance engineers shall be paid a flying time premium of fifteen ($15) per hour
or part thereof, while performing flight tests authorized by the appropriate responsible
manager or the team leader in Ottawa, or by the Regional Manager Aircraft Maintenance,
the team leader or the senior aircraft maintenance engineer in the regions.
- Aircraft maintenance engineers
in the EG Group whose normal workplace is Transport Canada, Aircraft Services Directorate,
Ottawa, or any of the Canadian Coast Guard helicopter bases, who are assigned to
work as crewmen on the Executive Flight, or on Canadian Coast Guard helicopters
and who are not in receipt of the Shipboard or special assignment allowance under
1(b) above, will be compensated for a minimum of eight (8) hours at their straight-time
rate of pay for each day of rest or designated paid holiday while they are on duty
away from their headquarters area. Upon request and with the approval of the Employer,
such time may be granted as compensatory leave at times mutually acceptable to the
employee and the Employer. If any such leave cannot be liquidated by the end of
the fiscal year, then payment in cash will be made at the employee's then current
rate of pay.