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PART 3 - WORKING CONDITIONS

ARTICLE 21
HOURS OF WORK AND OVERTIME

Hours of Work

Day Work

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21.01 When hours of work are scheduled for employees on a regular basis, they shall be scheduled so that employees:

1. on a weekly basis, work forty (40) hours and five (5) days per week, and obtain two (2) consecutive days of rest,
2. on a daily basis, work eight (8) hours per day.

Shift Work

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21.02 When hours of work are scheduled for employees on a rotating or irregular basis:

1. they shall be scheduled so that employees:
   1. on a weekly basis, work an average of forty (40) hours,
      and
   2. on a daily basis, work eight decimal five (8.5) hours per day.
2. every reasonable effort shall be made by the Employer:
   1. not to schedule the commencement of an employee's shift within eight (8) hours of the completion of the employee's previous shift,
   2. (to ensure an employee assigned to a regular shift cycle shall not be required to change his or her shift more than once during that shift cycle without his or her consent except as otherwise required by a penitentiary emergency. A change of shift followed by a return to the original shift is considered as one change;
      Shift means the employees regularly schedule hours of work in accordance with article 21.03(a) not the post to which the employee is assigned.
      and
   3. to avoid excessive fluctuations in hours of work;
3. they shall, except as otherwise required by a penitentiary emergency, be scheduled so that each shift ends not later than nine decimal five (9.5) hours after its commencement,
4. they shall be scheduled so that an employee will not be regularly scheduled to work more than eight (8) consecutive calendar days. Exceptions may be scheduled at the request of an employee and with the approval of the Employer, or after consultation between the Employer and the Union,
5. the shift schedule shall be of a maximum of fifty two (52) weeks.
6. an employee shall obtain at least two (2) consecutive days of rest at any one time.

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21.03

1. Shift schedules shall be posted at least fourteen (14) calendar days in advance of the starting date of the new schedule in order to provide an employee with reasonable notice as to the shift he or she will be working. The shift as indicated in this schedule shall be the employee's regularly scheduled shift.
2. The Employer agrees that, before a schedule of working hours is changed, the change shall be agreed upon in accordance with the attached letter of understanding.
3. Within five (5) days of request for modification served by either party, the Union shall notify the Employer in writing of the authorized representative to act on behalf of the Union.
4. An employee whose regularly scheduled shift is changed, pursuant to article 21.02(b)(ii), without forty-eight (48) hours prior notice shall be compensated at the rate of time and one-half (1 1/2) for the first (1^st) full shift worked on the new schedule. Subsequent shifts worked on the new schedule shall be paid for at the straight-time.

General

21.04 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.

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21.05

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.

On an approved exchange of shifts between employees, the Employer shall administer the shift schedule as if no exchange had occurred.

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21.06 After meaningful consultation with the appropriate local union representative, the Employer will arrange equitable rotation of employees through shifts and post/work assignments. The special needs of employees and the operational requirements of the service shall be considered in the decision-making process.

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21.07 Except as may be required in a penitentiary emergency, the Employer shall:

1. grant a Correctional Officer a paid thirty (30) minute period, away from his work post, to have a meal within the institution, for every complete eight (8) hour period,
   and
2. notwithstanding paragraph (a) above, a Correctional Officer may exceptionally be required to eat his or her meal at their work post when the nature of the duties makes it necessary.
3. In the event that the Employer is unable to grant an employee a meal break, in lieu thereof the employee shall receive an additional one half (1/2) hour of compensation at time and one half (1 1/2).

21.08 For the purpose of Clause 21.07, lunch or meal periods for each shift shall be sometime during the following hours:

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• Day Shift - 10:30 to 13:30 hours (10:30 a.m. to 1:30 p.m.)
• Evening Shift - 16:30 to 19:30 hours (4:30 p.m. to 7:30 p.m.)
• Night Shift - 02:30 to 05:30 hours (2:30 a.m. to 5:30 a.m.)

21.09 Where an employee's scheduled shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked:

1. on the day it commenced where half (1/2) or more of the hours worked fall on that day,
   or
2. on the day it terminates where more than half (1/2) of the hours worked fall on that day.

Accordingly, the first (1^st) day of rest will be deemed to start immediately after midnight of the calendar day on which the employee worked or is deemed to have worked his or her last scheduled shift; and the second (2^nd) day of rest will start immediately after midnight of the employee's first (1^st) day of rest.

21.10 Assignment of Overtime Work

The Employer shall make every reasonable effort:

1. to allocate overtime work on an equitable basis among readily available qualified employees,

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2. to allocate overtime work to employees at the same group and level as the position to be filled, i.e.: Correctional Officer 1 (CX-1) to Correctional Officer 1 (CX-1), Correctional Officer 2 (CX-2) to Correctional Officer 2 (CX-2) etc.;
   However, it is possible for a Local Union to agree in writing with the Institutional Warden on an another method to allocate overtime.
   and
3. to give employees who are required to work overtime adequate advance notice of this requirement.

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21.11 The Union is entitled to consult the Commissioner or the commissioner's representative whenever it is alleged that employees are required to work unreasonable amounts of overtime.

21.12 Overtime Compensation

Subject to Clause 21.13, an employee is entitled to time and one-half (1 1/2) compensation for each hour of overtime worked by the employee.

21.13 Subject to Clause 21.14, an employee is entitled to double (2) time for each hour of overtime worked by him or her,

1. on the employee's second or subsequent day of rest, (second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest),
   or
2. after eight (8) hours of overtime in a calendar day,
   or
3. in excess of eight (8) consecutive hours of overtime in any contiguous period of overtime,
4. in the case of an emergency as determined by the Employer, when an employee is required to work more than twenty-four (24) consecutive hours, the employee shall be compensated at the rate of double (2) time for all hours continuously worked in excess of twenty-four (24) hours.

21.14 An employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by him or her.

21.15 Overtime Meal Allowance

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1. An employee who works three (3) or more hours of overtime immediately before or following the scheduled hours of work shall be reimbursed expenses for one (1) meal in the amount of ten dollars ($10.00) except where a free meal is provided.

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2. When an employee works overtime continuously beyond the period provided in (a) above, he or she shall be reimbursed for one (1) additional meal in the amount of ten dollars ($10.00) for each four (4) hour period of overtime worked thereafter, except where a free meal is provided.
3. Reasonable time with pay, to be determined by management, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to his or her place of work.

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4. When an employee is on travel status, meal and lodging allowances shall be those provided by Treasury Board policy.

ARTICLE 22
REPORTING PAY

22.01 If an employee reports for work on the employee's scheduled shift, the employee shall be paid for the time actually worked, or a minimum of four (4) hours' pay at straight-time, whichever is the greater.

22.02 Time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

22.03 Payments provided under Call-Back and Reporting Pay shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

ARTICLE 23
COURT DUTY

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23.01 An employee, who is required by subpoena or summons to attend as a witness, or a defendant, or a plaintiff in an action against an inmate or any other person, in any of the proceedings specified in Clause "30.15", sub-clause "c" of this Agreement, as a result of the employee's actions in the performance of his or her authorized duties, shall be considered on duty and shall be paid at the applicable rate of pay and shall be reimbursed for reasonable expenses incurred for transportation, meals and lodging as normally defined by the Employer.

ARTICLE 24
CALL-BACK PAY

24.01 If an employee is called back to work:

1. on a designated paid holiday which is not the employee's scheduled day of work,
   or
2. on the employee's day of rest,
   or
3. after the employee has completed his or her work for the day and has left his or her place of work,
   and returns to work, the employee shall be paid the greater of:
   1. compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours' compensation in an eight (8)-hour period. Such maximum shall include any reporting pay pursuant to clause 22.03 of this collective agreement;
      or
   2. compensation at the applicable rate of overtime compensation for time worked,
   provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
4. The minimum payment referred to in 24.01(c)(i) above, does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 35.11 of this collective agreement.

24.02 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

No Pyramiding of Payments

24.03 Payments provided under the Overtime, Reporting Pay, Designated Paid Holiday and Standby provisions of this collective agreement and clause 24.01 above shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

ARTICLE 25
SHIFT PREMIUMS

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25.01 Shift Premium

An employee working on shifts will receive a shift premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, between 3:00 p.m. and 7:00 a.m. The shift premium will not be paid for hours worked between 7:00 a.m. and 3:00 p.m.

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25.02 Weekend Premium

An employee working on shifts during a weekend will receive an additional premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.

ARTICLE 26
DESIGNATED PAID HOLIDAYS

26.01 Subject to clause 26.02, the following days shall be designated paid holidays for employees:

1. New Year's Day,
2. Good Friday,
3. Easter Monday,
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
5. Canada Day,
6. Labour Day,
7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving
8. Remembrance Day,
9. Christmas Day,
10. Boxing Day,
11. one (1) additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such additional day is recognized as a provincial or civic holiday, the first Monday in August,
12. one (1) additional day when proclaimed by an Act of Parliament as a national holiday.

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26.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 14, Leave With or Without Pay For Union Business.

26.03 When a day designated as a holiday under clause 26.01 coincides with an employee's day of rest, the holiday shall be moved to the first (1^st) scheduled working day following the employee's day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.

When two (2) days designated as holidays under clause 26.01 coincide with an employee's consecutive days of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

26.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 26.03:

1. work performed by an employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest,
   and
2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

26.05

1. When an employee works on a holiday, he or she shall be paid time and one-half (1 1/2) for all hours worked up to the regular daily scheduled hours of work as specified in Article 21 of this collective agreement and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday.

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2. The pay that the employee would have been granted had he or she not worked on a designated paid holiday is eight (8) hours remunerated at straight-time.

26.06 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:

1. compensation in accordance with the provisions of clause 26.05;
   or
2. three (3) hours pay at the applicable overtime rate of pay.

26.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

26.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

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26.09 The Employer will as much as possible, not schedule an employee to work both December 25 and January 1 in the same holiday season without his or her consent. In order to achieve this goal, the Employer shall transmit to the Local Union, prior to November 15 every year, the work schedule covering the period mentioned above. If difficulties should arise with regard to achieving the goals stipulated above, the employer and the Union shall meet to work out the best way of achieving the stipulated goals.

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26.10 When the Employer requires the services of employees who are not required to report to work on a designated paid holiday, the Employer shall offer the work to those among them who are qualified and readily available, starting with the employee who, since the 1^st of April of each fiscal year, has worked the least number of hours on designated paid holidays.

For the purpose of clause 26.10, an employee who has refused to work hours offered to him or her will be deemed to have worked these hours.

ARTICLE27
TRAVELLING TIME

27.01 For the purposes of this collective agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this article.

27.02 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses 27.03 and 27.04. Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer than three (3) hours.

27.03 For the purposes of clauses 27.02 and 27.04, the travelling time for which an employee shall be compensated is as follows:

For travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer.

For travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or work place, as applicable, direct to the employee's destination and, upon the employee's return, direct back to the employee's residence or work place.

In the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements, in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

27.04 If an employee is required to travel as set forth in clauses 27.02 and 27.03:

1. On a normal working day on which the employee travels but does not work, the employee shall receive his or her regular pay for the day.
2. On a normal working day on which the employee travels and works, the employee shall be paid:
   1. his regular pay for the day for a combined period of travel and work not exceeding his or her regular scheduled working hours,
      and
   2. at the applicable overtime rate for additional travel time in excess of his or her regularly scheduled hours of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours pay at the straight-time rate of pay.
3. On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours pay at the straight-time rate of pay.

27.05 This article does not apply to an employee when the employee travels by any type of transport in which he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:

1. on a normal working day, his or her regular pay for the day,
   or
2. pay for actual hours worked in accordance with Article 26, Designated Paid Holidays, and Article 21, Work and Hours, Overtime of this collective agreement.

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27.06 Under the terms of the present Article, remuneration shall be paid for the time that an employee spends travelling to attend training courses or sessions jointly determined between the Correctional Service of Canada (CSC) and the Union.

When an employee's participation in a conference or seminar is mandatory, the time that the employee spends travelling to attend them shall be paid.

ARTICLE 28
LEAVE - GENERAL

28.01 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.

28.02 The amount of leave with pay earned but unused credited to an employee by the Employer at the time when this agreement is signed, or at the time when the employee becomes subject to this agreement, shall be retained by the employee.

28.03 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

28.04 An employee who, on the day that this agreement is signed, is entitled to receive furlough leave, that is to say, five (5) weeks leave with pay upon completing twenty (20) years of continuous employment, retains his or her entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force on the day that this Agreement is signed.

28.05 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.

28.06 In the event of termination of employment for reasons other than incapacity, death or lay-off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

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

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When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to eight (8) hours.

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28.09 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.

ARTICLE 29
VACATION LEAVE WITH PAY

Vacation Year

29.01 The vacation year shall be from April 1^st to March 31^st inclusive of the following calendar year.

Accumulation of Vacation Leave Credits

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29.02 An employee who has earned at least eighty (80) hours' full pay during any calendar month of a vacation year shall earn vacation leave credits at the following rates provided the employee has not earned credits in another bargaining unit with respect to the same month:

1. ten (10) hours until the month in which the anniversary of the employee's eighth (8^th) year of service occurs;
2. thirteen decimal three three four (13.334) hours commencing with the month in which the employee's eighth (8^th) anniversary of service occurs;
3. fourteen decimal six six seven (14.667) hours commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;
4. fifteen decimal three three four (15.334) hours commencing with the month in which the employees seventeenth (17^th) anniversary of service occurs;
5. sixteen decimal six six seven (16.667) hours commencing with the month in which the employee's eighteenth (18^th) anniversary of service occurs;
6. eighteen decimal six six seven (18.667) hours commencing with the month in which the employees twenty-seventh (27^th) anniversary of service occurs;
7. twenty (20) hours commencing with the month in which the employee's twenty-eighth (28^th) anniversary of service occurs;
8. however, an employee who has received or is entitled to receive furlough leave shall have his or her vacation leave credits earned under this Article, reduced by five twelfths (5/12^ths) of a day per month from the beginning of the month in which the employee's twentieth (20^th) anniversary of service occurs until the beginning of the month in which the employee's twenty-fifth (25^th) anniversary of service occurs;

29.03

1. For the purpose of clause 29.02 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.
2. Notwithstanding (a) above an employee who was a member of the bargaining unit on May 18, 1989 or an employee who becomes a member of the bargaining unit between May 18, 1989 and May 31, 1990 shall retain, for the purpose of "service" and of establishing his or her vacation entitlement pursuant to this Article, those periods of former service which had previously qualified for counting as continuous employment, until such time as his or her employment in the Public Service is terminated.

Entitlement to Vacation Leave With Pay

29.04 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.

29.05 If at the end of a vacation year, an employee's entitlement to vacation leave with pay includes a fractional entitlement of less or more than one-half (1/2) day, the entitlement shall be increased to the nearest half (1/2) day.

Granting of Vacation Leave With Pay

29.06 Employees are expected to take all their vacation leave during the vacation year in which it is earned.

29.07 The Employer shall, subject to the operational requirements of the service, make reasonable effort to:

1. grant the employee vacation leave for at least two (2) consecutive weeks provided notice is given prior to May 31^st of any vacation year;
2. grant the employee vacation leave on any other basis if the employee gives the Employer at least two (2) days' advance notice for each day of leave requested.

29.08 The Employer may for good and sufficient reason grant vacation leave on shorter notice than that provided for in clause 29.07.

29.09 When, after December 1^st of any vacation year, vacation leave has not been scheduled or taken by an employee, the Employer may schedule such leave during the remainder of the vacation year providing written notice is given to the employee seven (7) calendar days in advance.

29.10 The Employer shall give the employee as much notice as is reasonable that a request for vacation or furlough leave has not been approved. Such notice shall be in writing.

29.11 Where, in respect of any period of vacation leave, an employee:

1. is granted bereavement leave,
   or
2. is granted leave with pay because of illness in the immediate family,
   or
3. is granted sick leave on production of a medical certificate,

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.

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29.12 The Employer agrees that, once a year before scheduling vacation leave, consultation shall take place at the national level and at each institution with the local authorized representative of the Union, to determine the minimum number of correctional officers at each level who may be granted vacation leave at the same time based on the operational requirements of the institution.

Carry-Over Provisions

29.13 When operational requirements prevent an employee from using all the vacation leave credited to the employee, the unused portion of the employee's vacation leave shall be carried over into the following vacation year.

29.14 The Employer will make reasonable effort to comply with a request made by the employee before December 1^st that he or she be permitted to carry over into the following vacation year, any period of vacation leave up to five (5) days earned by the employee in the current vacation year. Carry-over beyond one (1) year shall be by mutual consent but in any event the total accumulation shall not exceed twenty-five (25) days.

Recall from Vacation Leave With Pay

29.15

1. Subject to the operational requirements of the Service, the Employer will make every reasonable effort not to recall an employee to duty after the employee has proceeded on vacation leave with pay.
2. When, during any period of vacation leave with pay, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:
   1. proceeding to the employee's place of duty,
      and
   2. in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled,
   after submitting such accounts as are normally required by the Employer.
3. The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under Clause 29.15(b) to be reimbursed for reasonable expenses incurred by the employee.

Leave When Employment Terminates

29.16 When an employee dies or otherwise ceases to be employed, 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 and furlough leave 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.

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29.17 Notwithstanding clause 29.16, an employee whose employment is terminated for cause pursuant to Section 12(1)(e) of the Financial Administration Act by reason of abandonment of his or her position is entitled to receive the payment referred to in clause 29.16. The Employer's sole obligation is to send such payment to the most recent address on file for the employee.

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29.18 Notwithstanding clause 29.16. an employee who resigns to accept an appointment with an organization listed in Part II of Schedule I of the Public Service Labour Relations Act may choose not to be paid for unused vacation and furlough leave credits, provided that the appointing organization will accept such credits.

Advance Payments

29.19 The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee's vacation period commences.

29.20 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. Any overpayments in respect of such pay advances shall be an immediate first (1^st) charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

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