ARCHIVED - Electronics (EL) 404 - Archived

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Article 1
Purpose of Agreement

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

1.02 The parties to this Agreement share a desire to improve the quality and to increase the efficiency of the electronics field in the Public Service of Canada, to promote the well-being of its employees and to provide safe and efficient services to the public.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement

1. "allowance" means compensation payable for the performance of special or additional duties;
2. "bargaining unit" means the employees of the Employer in the Electronics group, as described in the certificate issued by the Public Service Labour Relations Board on the 7th day of March 1969, amended on the 11th day of May 1999;
3. "common law partner" means a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year;
4. "continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations;
5. "daily rate of pay" means an employee's weekly rate of pay divided by five (5);
6. "day of rest" in relation to an employee means a day other than a designated holiday on which that employee is not ordinarily required to perform the duties of his/her position other than by reason of his/her being on leave of absence;
7. "designated holiday" means:
   1. in the case of a shift that does not commence and end on the same day, the twenty-four (24) hour period commencing from the time at which the shift commenced on a day designated as a holiday in this Agreement,
   2. in any other case the twenty-four (24) hour period commencing at 00:00 hours of a day designated as a holiday in this Agreement;
8. "employee" means an employee as described in the Public Service Labour Relations Act, and who is a member of the bargaining unit;
9. "Employer", except as specifically provided in Article 22, 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;
10. "lay-off" means an employee whose employment has been terminated because of lack of work or because of the discontinuance of a function;
11. "leave of absence" means permission to be absent from duty;
12. "leave with pay" means an authorized absence from work during which an employee continues to receive his/her straight-time hourly rate of pay and such other benefits which he/she receives solely because he/she is in receipt of pay;
13. "Local" means Local 2228 of the International Brotherhood of Electrical Workers;
14. "membership dues" means the dues established pursuant to the By-laws of the Local as the dues payable by its members as a consequence of their membership in the Local, and shall not include any initiation fee, insurance premium, or special levy;
15. "non-operating employee" means an employee whose hours of work are not normally scheduled on a rotating shift basis and whose regular duties, at his/her normal workplace, do not include the actual in situ maintenance of electronic equipment that must be continually available beyond the hours of 0600 to 1800 local time;
16. "operating employee" means an employee whose hours of work are normally scheduled on a rotating shift basis and/or whose regular duties at his/her normal workplace, include the actual in situ maintenance of electronic equipment that must be continually available beyond the hours of 06:00 to 18:00 local time;
    1. If any dispute or difficulty arises in the application of the definitions (o) and (p), the matter shall be referred to the parties who will convene an appropriate forum to attempt to resolve or dispose of such dispute or difficulty.
    2. In the event the parties are unable to resolve or dispose of the matter any grievance subsequently presented shall begin at the Final level of the grievance procedure in accordance with clause 39.09.
17. "passenger" means an employee on but not assigned to duties aboard the means of transport;
18. "premium" means an amount of money paid under a specific provision of this Agreement, or time off in lieu of such payment, other than any payment made in respect of overtime, and which is payable in addition to and not as part of the compensation paid an employee for the performance of the regular duties of his/her position;
19. "remuneration" means pay and allowances;
20. "shift cycle" means a period of time in which a certain number and types of shifts and days of rest are arranged in sequence and scheduled. At the end of such period of time the process repeats;
21. "spouse" means the person married to the employee. "Spouse" will, when required, be interpreted to include "common law partner" except for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directives;
22. "straight-time hourly rate" means an employee's weekly rate of pay divided by thirty-seven decimal five (37.5);
23. "weekly rate of pay" means an employee's annual rate of pay divided by 52.176.

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

1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
   and
2. 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.

2.03 Throughout this Agreement, words importing the masculine gender include the feminine gender.

Article 3
Application

3.01 The provisions of this Agreement apply to the Local, employees and the Employer.

Article 4
Official Texts

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

Article 5
State Security

5.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Article 6
Future Legislation and
the Collective Agreement

6.01 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.

Article 7
Managerial Rights

7.01 The Local recognizes and acknowledges that the Employer has and shall retain the exclusive right and responsibility to manage its operation in all respects including, but not limited to, the following:

1. to plan, direct and control operations; to determine methods, processes, equipment and other operating matters; to determine the location of facilities and the extent to which these facilities or parts thereof shall operate;
2. to direct the working forces including the right to decide on the number of employees, to organize and assign work, to schedule shifts and maintain order and efficiency, to discipline employees, including suspension and discharge for just cause;

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.

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

Article 8
Recognition

8.01 The Employer recognizes the Local Union 2228 International Brotherhood of Electrical Workers as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Labour Relations Board on the 7th day of March 1969, amended on the 11th day of May 1999.

8.02 The Local shall notify the Employer promptly and in writing of the names of its representatives, the respective dates of their appointment and the names, if any, of those representatives who are being replaced or discontinued.

8.03 The Employer recognizes and acknowledges that the employee has and shall retain the exclusive right to conduct his/her personal affairs outside the hours during which he/she is discharging his/her duties to the Employer.

Each employee recognizes that such affairs shall not be conducted in a manner inconsistent with the express provisions of this Agreement nor in such a manner as would detrimentally affect the Employer or the Public Service of Canada.

**

The above is subject to sections 113, 114 and 115 of the Public Service Employment Act.

Article 9
Conflict With Regulations

9.01 Where there is a conflict between this Collective 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 10
Appointment of Stewards

10.01 The Employer acknowledges the right of the Local to appoint a reasonable number of Stewards, having regard to the plan of organization, the dispersion of employees at the workplace, and the administrative structure implied in the grievance procedure.

10.02 A Steward, or authorized representative, shall obtain the permission of his/her immediate supervisor before leaving his/her work to investigate complaints or grievances and, to meet with local management for the purpose of dealing with these matters and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the Steward or authorized representative shall report back to his/her supervisor before resuming his/her normal duties.

10.03 The Local recognizes that employees who are representatives of the Local have regular duties to perform in connection with their work for the Employer.

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