ARCHIVED - Electronics (EL) 404 - Archived

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Article 21
Education Leave Without Pay Career Development Leave With Pay and Examination Leave With Pay

Education Leave Without Pay

21.01 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.

21.02 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.

21.03 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.

21.04 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:

1. fails to complete the course;
2. does not resume employment with the Employer on completion of the course;
   or
3. 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.

21.05 Education leave without pay in excess of three (3) months shall not be counted as "continuous employment" for the purpose of calculating severance pay nor as "service" for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

21.06 Career Development Leave With Pay

1. 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:
   1. a course given by the Employer;
   2. a course offered by a recognized academic institution;
   3. a seminar, convention or study session in a specialized field directly related to the employee's work.
2. Upon written application by the employee, and with the approval of the Employer, career development leave with pay may be granted for any one of the activities described in paragraph 21.06(a) above. The employee shall receive no compensation under Article 24, Days of Rest; Article 25, Overtime; and Article 27, Travel; of this Collective Agreement during time spent on career development leave provided for in this clause.
3. Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

21.07 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 22
Severance Pay

22.01 Solely for the purpose of this article, the terms:

1. "the Employer" will include any organization, service with which is included in the calculation of "continuous employment",
   and
2. "weekly rate of pay" means the rate in Appendix B identified with the level and step in the level the employee normally occupies and shall not include "Acting Pay" unless the period of Acting Pay has been more than one (1) year.

22.02 Lay-Off

An employee who has one (1) year or more of continuous employment and who is laid off is entitled to be paid severance pay at the time of lay-off.

1. On the first (1st) lay-off, two (2) weeks' pay for the first (1st) completed year of continuous employment and one (1) week's pay for each additional complete year 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 365.
2. On the second (2nd) or subsequent lay-off, one (1) week's pay for each complete year 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 365, less any period in respect of which the employee was granted severance pay under paragraph (a) above.

22.03 Resignation

Subject to clause 22.04, an employee who has ten (10) or more years of continuous employment is entitled to be paid, on resignation from the public service, severance pay equal to the amount obtained by multiplying half (1/2) of his or her weekly rate of pay on resignation by the number of completed years of his or her continuous employment to a maximum of twenty-six (26), less any period in respect of which the employee was granted severance pay, retiring leave or a cash gratuity in lieu of retiring leave by the Employer.

22.04 Retirement

1. On termination of employment (other than dismissal for just cause) an employee who is entitled to an immediate annuity, or is entitled to an immediate annual allowance, under the Public Service Superannuation Act,
   or
2. a part-time employee, who regularly works more than twelve (12) but less than thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,

a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year 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 365, to a maximum of thirty (30) week's pay, less any period in respect of which the employee was granted severance pay, retiring leave or a cash gratuity in lieu of retiring leave by the Employer.

22.05 Termination for Cause for Reasons of Incapacity or Incompetence

1. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of release for incapacity pursuant to the provisions of subparagraph 12(1)(e) of the Financial Administration Act, the employee is entitled to be paid one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
2. When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of release for incompetence pursuant to the provisions of subparagraph 12(1)(e) of the Financial Administration Act, the employee is entitled to be paid one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

22.06 Death

If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year 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 365, to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable, less any period in respect of which the employee was granted severance pay, retiring leave or a cash gratuity in lieu of retiring leave by the Employer.

22.07 Rejection on Probation

Upon rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period he or she is entitled to be paid one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks.

22.08 Appointment to a Separate Employer Organization

Notwithstanding clause 22.03, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid severance pay provided that the appointing organization will accept the employee's Schedule I and IV service for its severance pay entitlement.

Article 23
Hours of Work

23.01 A day is the twenty-four (24) hour period commencing at 00:00 hours and ending at 24:00 hours.

23.02 An employee's regularly scheduled daily hours of work are hours which may fall within one (1) day or may embrace the latter part of one (1) day and the beginning of the following day.

23.03 Normal hours of work shall be arranged to provide for either:

1. a thirty-seven decimal five (37.5) hour work week as described in clause 23.04,
   or
2. an average of thirty-seven decimal five (37.5) hours per week as described in clause 23.05,
   and

in neither case shall there be split-shifts, that is, a normal schedule where the period of work is divided by more time than that provided as a meal break, except as provided in clause 23.16.

23.04 Non-Operating Employees

1. 1. Normal scheduled hours of work for non-operating employees shall be thirty-seven decimal five (37.5) hours per week consisting of five (5) consecutive days, Monday to Friday inclusive, each day to be seven decimal five (7.5) hours (exclusive of a meal break) between the hours of 07:00 and 18:00 local time.
   2. Notwithstanding subparagraph (i), at the request of the employee and with the approval of the Employer, the stated hour of 7:00 may be modified to 6:00. Where such agreement has occurred, the Employer will notify the local union representative or the IBEW business office of the change in the scheduled hours of work.
2. These employees will be provided with a scheduled unpaid meal break of not less than thirty (30) consecutive minutes nor more than one (1) hour commencing between one-half (1/2) hour prior to and one (1) hour following the mid-point of the normal work period except that a meal break of less than thirty (30) minutes may be granted to compensate for summer hours. It is recognized that in extenuating circumstances the meal break may be advanced or delayed because of work requirements. However, if the employee is able to take a meal break of at least a half (1/2) hour's duration commencing within the time prescribed it shall be considered as satisfying the requirements of this clause. If an employee is not able to take a meal break within the prescribed time period the period of the meal break shall be counted as time worked.

23.05 Operating Employees

1. Normal hours of work for operating employees shall be an average of thirty-seven decimal five (37.5) hours per week consisting of an average of five (5) days per week, each day to be seven decimal five (7.5) hours exclusive of a meal break.
2. These employees will be provided with a scheduled unpaid meal break of thirty (30) consecutive minutes' duration commencing within one-half (1/2) hour prior to and one (1) hour following the mid-point of their shift. It is recognized that in extenuating circumstances the meal break may be advanced or delayed because of operational requirements. However, if the employee is able to take a meal break of a half (1/2) hour's duration commencing during the period of time prescribed it shall be considered as satisfying the requirements of this clause. If an employee is not able to take a meal break within the prescribed time period, the period of the meal break shall be counted as time worked.
3. Subject to all conditions in paragraph (b) above except the time at which a meal period may be scheduled, a meal break on the evening shift (16:00-24:00) may be taken at a time other than as specified above when by agreement of the Manager and the Steward responsible for that location, a different time for the meal break is established. When such alternative is established, it shall not again be changed except by thirty (30) days' written notice to the Manager by the Steward, or thirty (30) days' written notice to employees concerned at the site by the Manager.
4. Subject to all conditions in (b) above except the length of the meal period, an unpaid meal break during the day shift (08:00-16:00) may be up to one (1) hour by agreement of the Manager and the Steward responsible for that location. When such period is established, it shall not again be changed except by thirty (30) days' written notice to the Manager by the Steward, or thirty (30) days' written notice to employees concerned at the site by the Manager.
5. It is recognized that the Employer may require employees:
   1. whose hours of work are prescribed in accordance with paragraph 23.05(a),
      and
   2. who provide twenty-four (24) hour coverage,
   to remain at their place of work and to be available to return immediately to duty during their one-half (1/2) hour unpaid meal break. In such circumstances, whether the employee works or does not work, such meal break will be paid at the employee's straight-time hourly rate and does not form part of the employee's normal hours of work as prescribed in paragraph 23.05(a). Employees covered by this clause are excluded from the provisions of paragraph 23.05(b), Articles 25 and 29 of this Agreement, and under no circumstances will employees receive any other compensation for the half (1/2) hour meal break under any other provision of this Collective Agreement.
6. An operating employee will not be scheduled to work more than seven (7) consecutive days.

23.06 Minimum and Maximum Hours

Nothing in this Agreement shall be construed as guaranteeing an employee minimum or maximum hours of work.

23.07 Break Periods

Each employee shall be given two (2) paid break periods of fifteen (15) minutes each during each working shift.

23.08 Shift Times - Operating Employees

1. The starting and finishing times of normal shifts will be as follows:
   • 00:00 - 08:00 Local Time
   • 08:00 - 16:00 Local Time
   • 16:00 - 24:00 Local Time
2. The Employer may schedule shifts to commence not more than one (1) hour before or one (1) hour after the times outlined above.
3. Before scheduling shifts more than one (1) hour before or one (1) hour after the times listed above the Employer will consult with the Local.
4. There shall be an equitable distribution of shift work among available qualified employees.
5. When the scheduled shift hours are modified in accordance with paragraphs 23.08(b) and (c), then a day as defined in clause 23.01 is modified accordingly.

23.09 Posting of Shift Schedules and Shift Cycles - Operating Employees

1. A shift schedule must be of not less than twenty-eight (28) days' duration and will be posted at least fifteen (15) days in advance in order to provide an employee with reasonable notice as to the shift he or she will be covering.
2. Every reasonable effort will be made by the Employer not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's last shift.
3. The schedule may be an entire shift cycle in itself or portion thereof and the employees affected shall work an average of thirty-seven decimal five (37.5) hours per week over the period of the cycle in accordance with paragraph 23.05(a).
4. The local representative will be provided with a copy of the current shift schedule and shift cycle where practicable.
5. If the shift schedule is not posted within the time limits in this clause, then the employee's upcoming schedule shall be considered to be a continuation of his or her present shift cycle.

23.10 Shift Exchange - Operating Employees

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.

Such approval shall not be unreasonably withheld.

23.11 Change in Shift - Operating Employees

1. In the event that an individual employee's shift hours and/or days of work are changed to accommodate to an unanticipated absence of an employee, not initiated by the Employer, and less than fifteen (15) days' advance notice of such change is given, the employee shall be paid a premium equal to the amount shown in note 5 of Appendix B-1 for work performed on the first (1st) scheduled shift changed in addition to his or her daily rate of pay. When an employee works less than three decimal seven five (3.75) hours of the first scheduled shift changed no premium will be paid.
2. In the event that an individual employee's shift hours and/or days of work are changed for reasons other than accommodating to an unanticipated absence of an employee not initiated by the Employer, and less than twenty-one (21) days' advance notice of such change is given, the employee shall be paid a premium equal to the amount shown in note 5 of Appendix B-1 in addition to his or her daily rate of pay for work performed on each of the changed scheduled shifts for which twenty-one (21) days' advance notice was not given, up to a maximum of three (3) such shifts. When an employee works less than three decimal seven five (3.75) hours of any scheduled shift changed no premium will be paid for that shift.
3. Any return to the employee's previous hours and/or days of work will not be considered a change subject to premium pay under this clause, unless the return is delayed beyond ten (10) working days following the date of notification of the change.
4. 1. The above shall not apply to an employee who requests a change.
   2. The above shall apply to an employee assigned to a course away from his/her assigned workplace.
5. 1. Notwithstanding the above, a change to an employee's shift schedule shall not reschedule the first (1st) group of previously scheduled days of rest.
      The "first group of previously scheduled days of rest" means the days of rest shown on the employee's unchanged shift schedule, immediately following but not necessarily contiguous to the day prior to the change.
   2. An employee required to work on the "first group of previously scheduled days of rest", will be compensated for those days, at the applicable overtime rate as specified in clauses 24.05 and 24.06, but will not be entitled to the premiums provided in paragraphs 23.11(a) and (b).

23.12 Change in Schedule or Cycle

Except as provided in clause 23.10, the Employer agrees that before a shift schedule or shift cycle is changed, if the change will affect more than one (1) employee, the change will be discussed with the local representative where practicable.

23.13 Encroachment

An employee who has not had a break of eight (8) consecutive hours during a twenty-four (24) hour period in which he or she works more than fifteen (15) hours shall not be required to report for work on his or her regularly scheduled shift until a period of ten (10) hours has elapsed from the end of the period of work that exceeded fifteen (15) hours. If, in the application of this clause, an employee works less than his or her regularly scheduled shift he or she shall, nevertheless, receive his or her regular daily rate of pay.

For the purpose of this clause, time necessarily spent in travel required by the Employer, shall be considered as time worked.

23.14 Change in Employee Status - Operating/Non-Operating

It is understood that certain employees, because of the nature of their duties, may be required to change from a non-operating employee to an operating employee (or vice versa) for varying periods of time. No change in the employee's status (Operating or Non-Operating) will be made unless the requirement to change is consistent for thirty (30) consecutive calendar days or more. Advance notice of such requirement which will involve a change in the employee's status should be given at the earliest possible date but in any case not less than thirty (30) calendar days prior to the earliest date that the change in status may commence. If notice of the change is less than thirty (30) calendar days, the employee shall be paid a premium equal to the amount shown in note 5 of Appendix B-1 for each shift or day worked during the period of the change in status for which he or she has not received thirty (30) calendar days' notice. Such notice shall not be required when the employee concerned is promoted, is acting in a higher level position or the change is in response to the employee's request.

23.15 It is recognized that when circumstances warrant certain non-operating employees may be required to work their normal daily hours within a schedule which deviates from their normal daily schedule as specified in clause 23.04. When a non-operating employee is required to work his or her normal seven decimal five (7.5) hours a day at times other than those specified in clause 23.04 the employee shall receive his or her normal daily rate of pay plus a premium payment as follows:

In a calendar month for days worked in accordance with the above,

1. for the first (1st) and second (2nd) day, in accordance with note 6 of Appendix B-1 for each day,
2. for the third (3rd), fourth (4th) and fifth (5th) day, in accordance with note 7 of Appendix B-1 for each day,
3. for the sixth and subsequent days, in accordance with note 8 of Appendix B-1 for each day.

If the employee works less than three decimal seven five (3.75) hours he or she shall receive the full premium for the day and revert to his/her normal schedule for that day which will be reduced by the equivalent number of hours that the employee worked. If the employee works three decimal seven five (3.75) hours or more he or she shall be paid the full premium for the day and his or her normal daily rate of pay.

Hours worked in excess of seven decimal five (7.5) hours per day shall be subject to Article 25.

23.16 In accordance with clause 23.03 and notwithstanding clauses 23.04 and 23.15, the following shall apply to employees aboard ship:

1. On ships where operational requirements demand that the employee conform to a Sea Watch system and the Sea Watches are two (2) non-rotating four (4) hour duty periods each followed by an eight (8) hour non-duty period or are rotating four (4) hour Sea Watches followed by an eight (8) hour non-duty period where the rotating is achieved by splitting the 16:00-20:00-hour Sea Watch, the employee shall work those Sea Watches.
2. On ships where there is no operational requirement to conform to that Sea Watch system but where the presence of employees is required twenty-four (24) hours a day, the employees concerned shall be subject to clause 23.08.
3. The normal hours of work under paragraphs (a) and (b) of this clause shall be seven decimal five (7.5) hours per day, exclusive of a meal break, five (5) days per week.
4. Except for employees of the Department of National Defence eligible under Article 32, for Sea Trials Allowance, advance notice of a ship board assignment shall be given at the earliest possible date but, in any case, no less than seven (7) calendar days prior to such assignment. If advance notice of the assignment is less than seven (7) calendar days, the employee shall be paid a premium equal to the amount shown in note 5 of Appendix B-1 for each day during the assignment for which he or she has not received seven (7) calendar days' notice.

Variable Hours of Work

23.17 Notwithstanding the provisions of Articles 23 and 25, employees, with the approval of the Employer, may complete their weekly hours of employment in a period other than five (5) full days provided that over a period, to be determined by the Employer, employees work an average of thirty-seven decimal five (37.5) hours per week.

23.18 Any special arrangement may be at the request of either party and must be mutually agreed between the Employer and the employee(s) affected. Where individual employees' duties or shifts are interdependent, then the majority of the affected employees must agree to the arrangement and it shall apply to all of these employees.

23.19 Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work, payment or cost 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.

Terms and Conditions Governing the Administration of Variable Hours of Work

23.20 General Terms

1. The scheduled hours of work on any day, as set forth in the variable work week arrangement, may exceed seven decimal five (7.5) hours per day; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as defined by departmental policy and guidelines, and the daily hours of work shall be consecutive.
2. Such a work schedule shall provide that an employee's normal work week shall average thirty-seven decimal five (37.5) hours per week over the life of the cycle or variable work week arrangement.

23.21 Conversion of Days to Hours

1. The provisions of this Agreement which specify days shall be converted to hours. Where this Agreement refers to a "day", it shall be converted to seven decimal five (7.5) hours, with the exception of Bereavement Leave.
2. When an employee ceases to be subject to a variable hours of work arrangement, his or her credits will be converted to days by dividing the number of hours by seven decimal five (7.5) hours per day.

23.22 Adjustments

Any required adjustment between seven decimal five (7.5) hours per day and the employee's actual scheduled hours may take the form of make-up time or deduction from accumulated compensatory leave or vacation leave, to be determined in advance of the implementation of the variable work week arrangement.

23.23 Specific Application

For greater certainty the following provisions shall be administered as provided herein:

1. Designated Paid Holidays
   1. A designated paid holiday or a lieu day is equivalent to seven decimal five (7.5) hours.
   2. When a designated paid holiday falls on an employee's scheduled day off which results from the application of the variable work week, the holiday shall be moved to a later date following consultation with the employee. If mutual agreement cannot be reached, management will determine the day to which the holiday is moved.
   3. When an employee to whom paragraph 26.04(d) applies works on a designated holiday or the day to which the holiday is moved, the employee shall be paid at the straight-time hourly rate for all regularly scheduled hours worked under the variable work week arrangement. Hours worked in excess of these scheduled hours will be compensated in accordance with Article 25. This principle shall also apply to non-operating employees.
2. Sick Leave
   Employees shall earn sick leave credits at the rate prescribed in Article 19 of this Agreement but days shall be converted to hours by multiplying the number of days by seven decimal five (7.5) hours. Leave will be granted on an hourly basis with the hours debited for each day of sick leave being the same as the hours the employee would have been scheduled to work on that day.
3. Vacation Leave
   Employees shall earn vacation leave credits at the rates prescribed for their years of service, as set forth in Article 17 of this Agreement, but credits shall be converted to hours on the basis of one (1) day equals seven decimal five (7.5) hours. Leave will be granted on an hourly basis with the hours debited for each day of vacation leave being the same as the hours the employee would have been scheduled to work on that day.
4. Other Types of Leave
   1. The days available where specified in this Agreement shall be converted to hours by multiplying the number of days by seven decimal five (7.5) hours.
   2. Leave will be granted on an hourly basis with the hours debited for each day of leave being the same as the hours the employee would have been scheduled to work on that day.
5. Overtime
   1. All employees will be paid at their straight-time hourly rate for all work performed during their regularly scheduled hours of work under the variable work week arrangement. Hours worked in excess of these scheduled hours will be compensated in accordance with Article 25.
   2. Compensation for all work performed on a day of rest will be paid in accordance with Article 24.
   3. Work performed on an "earned day off" (EDO) resulting from the application of the variable work week arrangement will be paid at time and one-half (1 1/2) for all hours worked provided the EDO cannot be re-scheduled; an EDO shall not be considered as a day of rest for the purposes of Article 24.
6. Training and Travel
   Where training and/or travel is involved, an employee may be taken off the variable work week schedule.
7. Travel
   Except in cases where an employee has been taken off the variable work week schedule, employees will be paid at their straight-time hourly rate for all travel and/or work during their regularly scheduled hours of work under the variable work week arrangement. Hours travelled in excess of these scheduled hours will be compensated at the premium rates specified under Article 27.
8. Minimum Number of Hours Between Shifts
   The provision in this Agreement relating to the minimum period between the termination and commencement of the employee's next shift shall not apply to an employee subject to variable hours of work.
9. Termination
   Either local management or authorized local representatives of the Local may terminate a variable work week arrangement following thirty (30) days' written notice from either party to the other, providing that prior discussions on the termination have been held.
10. The foregoing is not intended to cover all terms and conditions and/or variable work week arrangements.

Article 24
Days of Rest

24.01 A "day of rest" is defined in article 2, paragraph (f).

24.02 The Employer shall schedule days of rest. Days of rest shall be scheduled on consecutive calendar days and shall consist of two (2) or more such days.

1. Non-Operating Employees
   1. The first (1st) day of rest shall be the twenty-four (24) hour period commencing at 00:00 on Saturday.
   2. The second (2nd) day of rest shall be the twenty-four (24) hour period commencing at 00:00 on Sunday.
2. Operating Employees
   1. When any shift falls completely within one (1) day and two (2) or more consecutive calendar days are scheduled as days of rest for an employee:
      1. the first (1st) day of rest will be that twenty-four (24) hour period which commences immediately after midnight following the employee's preceding regularly scheduled shift;
      2. the second (2nd) day of rest will be that twenty-four (24) hour period which commences immediately after midnight following the employee's first (1st) day of rest;
      3. a subsequent day of rest will be that twenty-four (24) hour period which commences immediately after midnight following the employee's preceding day of rest.
   2. When any shift overlaps two (2) days:
      1. the first (1st) day of rest will be that twenty-four (24) hour period commencing four (4) hours after the end of the employee's preceding scheduled shift;
      2. the second (2nd) day of rest will be that twenty-four (24) hour period commencing immediately after the end of the employee's first (1st) day of rest;
      3. a subsequent day of rest will be that twenty-four (24) hour period commencing immediately after the preceding day of rest.
   3. The Employer will make every reasonable effort, subject to the operational requirements of the service, to arrange schedules which will permit employees to have a consecutive Saturday and Sunday off at least once every five (5) weeks unless the majority of the employees affected by the schedule express a preference not to do so.

24.03 For there to be a second (2nd) or subsequent day of rest, the days of rest scheduled for the employee must consist of an unbroken series of consecutive and contiguous calendar days numbering two (2) days or more.

24.04 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 employee's first (1st) scheduled working day following his or her day of rest, or to the second (2nd) day following his or her day of rest if the employee would otherwise lose credit for a designated holiday.

24.05 Work performed on a day of rest shall be paid at one and one-half (1 1/2) times an employee's straight-time hourly rate for the first (1st) seven decimal five (7.5) hours (exclusive of a meal break) and twice (2X) the employee's straight-time hourly rate for all hours in excess of seven decimal five (7.5) hours for that day.

24.06 In an unbroken series of consecutive and contiguous days of rest, an employee shall be paid at twice (2X) his or her straight-time hourly rate on a day of rest, provided the employee has worked and has received one and one-half (1 1/2) times his or her straight-time hourly rate in accordance with clause 24.05 for any day of rest in that series.

24.07 At the discretion of the Employer, employees on temporary assignment outside of their Headquarters area, other than those on training courses, may be given the opportunity to work on what would otherwise be normal days of rest, where practicable and when work is available. Such work will be paid for at the appropriate overtime rate.

Article 25
Overtime

25.01 An employee shall be paid at his or her straight-time hourly rate for all work performed during his or her regularly scheduled hours of work, including all work performed during regularly scheduled hours of work which embraces not more than two (2) hours of the latter part of a day designated as a holiday or not more than two (2) hours of the latter part of a second (2nd) day of rest, and not more than two (2) hours at the beginning of the following day.

25.02 Each completed six (6) minute period of overtime shall be compensated for at the following rates:

1. time and one-half (1 1/2) for hours worked other than provided in 25.01;
2. notwithstanding clause 25.01, double (2) time for all hours worked in excess of twelve (12) in a continuous period of work, or, in excess of twelve (12) hours of work in a day. This section shall not apply to Article 27 "Travel", except as specifically provided in Article 27;
3. an authorized break of up to one (1) hour will not be considered as breaking the continuity of hours worked in order to qualify under paragraph 25.02(b).

25.03 "Time and one-half" is one and one-half (1 1/2) times the straight-time hourly rate.

25.04 "Double time" is twice (2X) the straight-time hourly rate.

25.05 Except for employees serving abroad with Foreign Affairs and International Trade where current local conditions for payment of meals will continue, employees working overtime will be granted meal breaks and compensated for meals as follows:

1. an employee who works three (3) or more hours of overtime immediately before his or her scheduled hours of work shall be provided a paid meal break of up to one-half (1/2) hour duration and be reimbursed his or her expenses for one (1) meal in the amount of ten dollars and fifty cents ($10.50);
2. An employee who works three (3) or more hours of overtime immediately following his or her scheduled hours of work shall be provided a paid meal break of up to one-half (1/2) hour duration and be reimbursed his or her expenses for one (1) meal in the amount of ten dollars and fifty cents ($10.50).
3. For each four (4) hours an employee works overtime continuously extending beyond the period provided in paragraph (a) or (b) above, he or she shall be provided a paid meal break of up to one-half (1/2) hour and be reimbursed at the rate of ten dollars and fifty cents ($10.50) for each meal.
4. When, at the request of the employee, a meal period of more than one-half (1/2) hour can be arranged and taken prior to the beginning of an overtime assignment such meal period shall be unpaid time and no reimbursement for expenses will be made. Utilization of this option shall not serve to deny an employee entitlement under paragraph (c) above.

25.06

1. If an employee is given instructions, prior to his or her leaving work, to work overtime which is not contiguous to his or her work period and the period of non-contiguous overtime commences twenty-four (24) hours or less from the end of the period of work in which the employee receives such instructions, the employee shall be paid for the time actually worked at the applicable overtime rate, or a minimum of three (3) hours' pay at straight-time, whichever is the greater.
2. If an employee is scheduled in writing or otherwise informed prior to his or her leaving work, to work overtime which is not contiguous to his or her work period and the period of non-contiguous overtime commences more than twenty-four (24) hours from the end of the period of work in which the employee receives such instructions, the employee shall be paid for the time actually worked at the applicable overtime rate, or a minimum of one (1) hour's pay at straight time, whichever is the greater. However, if the employee is required to report more than once within that period, he or she shall be compensated in accordance with paragraph (a) above.

25.07

1. When an employee is required to work either contiguous or non-contiguous overtime and is required to use other than normal public transportation services, the employee's entitlement to transportation costs will be as provided in the Travel Policy.
2. Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than his or her normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

25.08

1. When operational requirements permit, an employee assigned to work away from his or her assigned permanent headquarters or aboard ship may accumulate time off in lieu of overtime at the appropriate overtime rate. Such time off will be liquidated at a mutually acceptable time.
2. If any time off in lieu of overtime earned under paragraph 25.08(a) cannot be liquidated by the end of the fiscal year, then, at the request of the employee and with the approval of the Employer, payment in cash will be made at the employee's rate of pay as of March 31st.
3. Overtime earned within the assigned permanent headquarters area or overtime earned outside the headquarters area which does not require an overnight stay shall be compensated in cash, except where, upon request of an employee and, with the approval of the Employer, an employee may be granted time off in lieu of overtime at the appropriate overtime rate.
4. If any time off in lieu of overtime earned in paragraph 25.08(c) cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's rate of pay as of March 31st.

25.09 The Employer will make every reasonable effort:

1. to allocate overtime work on an equitable basis among readily available qualified employees;
2. to give employees who are required to work overtime, adequate advance notice of this requirement;
3. unless otherwise agreed to locally between management and local union representatives, the period of equitable distribution of overtime referred to in paragraph (a) above is over a twelve-month (12) period as determined by the Employer.

25.10 An employee aboard ship who performs overtime work which is not contiguous to his or her regularly scheduled hours of work shall be paid the greater of:

1. compensation at the applicable overtime rate for the time worked,
   or
2. one (1) hour's pay at the straight-time rate.

Article 26
Designated Holidays

Note:

For the purpose of determining lieu days under clauses 26.05, 26.07, 26.08 and 26.09, when Easter Monday and/or Good Friday fall in the month of March, such day(s) shall be deemed to be contained in the following fiscal year.

26.01 Subject to clause 26.02, the following days shall be designated as holidays with pay:

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) day in each year in addition to those listed above which, 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 additional day shall be the first (1st) Monday in August,
    and
12. One (1) additional day when proclaimed by an Act of Parliament as a National Holiday.

26.02

1. Clause 26.01 does not apply to an employee who is absent without permission on his or her scheduled working day immediately preceding or his or her scheduled working day immediately following the designated holiday.
2. There shall be no payment for designated holidays which occur within a period of leave without pay.
3. An employee who is not required to perform work on a day designated as a holiday in this Agreement shall be paid at his or her straight-time rate for what would otherwise have been his or her regularly scheduled daily hours had it not been a holiday.

26.03 Subject to clauses 26.05 and 26.06 the following shall apply to Non-Operating Employees:

1. 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 employee's first (1st) scheduled working day following his or her day of rest, or the second (2nd) day following his or her day of rest if the employee would otherwise lose credit for a designated holiday.
2. when a day designated as a holiday is moved to another day, in accordance with paragraph (a) above, 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;
3. work performed by an employee on the day to which the holiday was moved under paragraph 26.03(b) shall be considered as work performed on a holiday;
4. when 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;
5. when an employee covered by this clause is required to work on a holiday he or she shall be paid, in addition to the pay he or she would have received had he or she not worked on the holiday, one and one-half (1 1/2) times his or her straight-time hourly rate for all hours worked by him or her up to seven decimal five (7.5) hours, exclusive of a meal break, and twice (2X) his or her straight-time hourly rate for hours worked in excess of such seven decimal five (7.5) hours subject to clause 25.05 in respect of meal breaks;
6. notwithstanding paragraph 26.03(e), an employee assigned to duty outside his or her headquarters' area (other than to training courses conducted under Article 43) who cannot return to his or her headquarters' area for a designated holiday without incurring additional expense to the Employer shall, if he or she so requests and sufficient work is available, work the holiday. For such work the employee shall receive his or her normal daily rate of pay and be provided with a lieu day to be taken at a mutually acceptable time. Hours worked in excess of normal daily hours will be paid for in accordance with Article 25, Overtime.

26.04 The following shall apply to all employees whose designated paid holidays are governed by one of the following clauses - 26.05, 26.07, 26.08 or 26.09:

1. The normal work schedule shall require the employees to work on days designated as paid holidays in clause 26.01 or the day to which the holiday is moved as provided in paragraph 26.04(b).
2. When a day which is otherwise designated as a paid holiday as provided in clause 26.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first (1st) scheduled working day following his or her day of rest or the second (2nd) day following his or her day of rest if the employee would otherwise lose credit for a designated holiday.
3. When a day designated as a holiday is moved to another day, in accordance with paragraph (b) above, work performed by an employee on the day from which the holiday is moved shall be considered as work performed on a day of rest.
4. Employees who work on designated paid holidays, or the day to which the holiday is moved as provided in paragraph 26.04(b) shall be paid at their straight-time hourly rate for all regularly scheduled hours of work. For hours worked in excess of such seven decimal five (7.5) hours employees shall be paid in accordance with Article 25, Overtime.

26.05 The following shall apply to all Operating Employees except those covered by clause 26.06 and to Non-Operating Employees at isolated posts with an Environment Allowance Classification of 4 or 5:

1. on April 1st of each year each employee shall be credited with eleven (11) days in lieu of designated holidays ("lieu days");
2. a deduction shall be made from the credited lieu days for which the employee is absent without permission on the designated holiday as listed in clause 26.01 or the day to which the holiday is moved as provided in paragraph 26.04(b);
3. lieu days may be taken in conjunction with days of rest or vacation leave or a combination thereof or as occasional days and shall be charged against the lieu day credits on the basis of one (1) shift for one (1) day;
4. an employee's lieu days shall be scheduled in the fiscal year in which they are credited to him or her. In scheduling such lieu days the Employer shall, subject to the operational requirements of the service, make every reasonable effort:
   1. to schedule an employee's lieu days on the dates requested when such a request is made in writing prior to May 1st;
   2. to give next priority to scheduling lieu days on the dates requested when such a request is made in writing prior to October 1st;
   3. to make available to the employee alternative dates, which the employee may accept or decline, for lieu days, the request for which is made by the employee prior to October 1st, and which cannot be accommodated by the Employer;
   4. to schedule any remaining lieu days, after consulting with the employee, if as of October 1st the Employer has been unable to accommodate an employee's request or no request has been filed; such schedule shall be subject to at least twenty-eight (28) days' advance notice; such lieu days shall be scheduled in conjunction with the employee's days of rest or annual vacation and shall not be in excess of five (5) days in any calendar month except by mutual consent;
   5. to provide by mutual agreement lieu days requested on shorter notice, notwithstanding the above.
5. If an employee's scheduled lieu days are cancelled by the Employer with less than seven (7) days' notice the Employer shall pay the employee for the first (1st) shift worked of the cancelled lieu days a premium payment equal to the amount shown in note 5 of Appendix B-1. Within five (5) days of such notice of cancellation, the Employer will consult with the employee to establish alternative lieu days.

**

6. When operational requirements prevent the Employer from providing lieu days to which the employee was entitled prior to the end of the fiscal year, the remaining days shall be liquidated by the Employer by a premium payment equal to eleven decimal two five (11.25) times the employee's hourly rate for each day liquidated. The premium payment for a half (1/2) day shall be half of the amount.

26.06 Clauses 26.03 and 26.05 shall not apply to employees while employed at Isolated Posts with an Environment Allowance Classification of 1, 2 or 3 or while assigned aboard ship away from home port. Such employees shall be entitled to days in lieu of holidays as provided in clauses 26.07, 26.08, 26.09 and subject to clause 26.04.

26.07 For all employees as described in clause 26.06 who are so employed at the beginning of the fiscal year and when it is anticipated they will be continuously so employed to or beyond the end of the fiscal year, clause 26.01 shall not apply and the following shall apply:

1. On April 1st of each year such employees will be credited with eleven (11) lieu days.
2. A deduction shall be made from the credited lieu days for any instance in which the employee is absent without permission on the day recognized as the designated holiday in clause 26.01 or the day to which the holiday is moved as provided in paragraph 26.04(b).
3. Such lieu days shall be scheduled so they will be taken contiguously with the employee's vacation leave in that fiscal year.

**

4. If for any reason the employee's lieu days have not been taken by the end of the fiscal year in which they were earned the days remaining shall be liquidated by the Employer by a premium payment eleven decimal two five (11.25) times the employee's hourly rate for each day liquidated. The premium payment for a half (1/2) day shall be half of the amount.

26.08 For all employees as described in clause 26.06, who after the beginning of the fiscal year are assigned for a period anticipated to extend to or beyond the end of the fiscal year, clause 26.01 shall not apply during such period and the following shall apply:

1. the employee will be credited with one (1) lieu day for each holiday he or she has worked during the period, provided he or she was not absent without permission on the day recognized as a designated holiday in clause 26.01 or the day to which the holiday is moved as provided in paragraph 26.04(b);
2. lieu days thus accumulated shall be taken contiguously with the employee's vacation leave in the current or the following fiscal year.

26.09 For all employees as described in clause 26.06 who on or after the beginning of the fiscal year are assigned for a period known to be less than the balance of the fiscal year, clause 26.01 shall not apply during such period and the following shall apply:

1. on the completion of the term of the assignment the employee will be credited with one (1) lieu day for each holiday he or she has worked during the period, provided he or she was not absent without permission on the day recognized as a designated holiday in clause 26.01 or the day to which the holiday is moved as provided in paragraph 26.04(b).

**

2. 1. Employees who complete their assignments before January 2nd in any fiscal year shall take their accumulated lieu days at a time preferred by the employee before the end of the fiscal year, operating requirements permitting. Unused lieu days as of March 31st shall be liquidated by the Employer by a premium payment equal to eleven decimal two five (11.25) times the employee's hourly rate for each day liquidated. The premium payment for a half (1/2) day shall be half of the amount.
   2. Employees who complete their assignments on or after January 2nd may take their lieu days as provided for in paragraph (i) above or may carry all or part of them over into the next fiscal year.

26.10 Any lieu days taken under clauses 26.05, 26.07, 26.08 or 26.09 in advance of holidays occurring after the date an employee ceases to be an employee or after he or she becomes subject to clause 26.03 shall be subject to recovery of pay.

26.11 Foreign Affairs

1. For employees serving abroad with Foreign Affairs and International Trade, only clauses 26.01, 26.02 and 26.03 will apply. Such employees shall be entitled to eleven (11) designated holidays each year. The holidays taken may be those provided in clause 26.01 or may be other days substituted for holidays in accordance with the provisions of the Foreign Service Directives. Holidays with pay shall be designated for such employees by the Employer for each post abroad at the beginning of each calendar year.
2. Operating Employees of Foreign Affairs and International Trade serving in Ottawa shall be governed by the provisions of clause 26.04. A day designated as a holiday under clause 26.01 shall be recognized and scheduled on the calendar day preceding or succeeding those employees' days of rest scheduled closest to the actual day of the holiday. Any day so taken in advance of a holiday occurring after the date an employee ceases to be an employee shall be subject to recovery of pay.

26.12 The following shall apply to employees who are classified as Electronic Systems Instructors on a continuing basis:

1. when on a designated holiday an employee is required by the Employer to conduct a course, scheduled in accordance with paragraph 43.06(b), the employee shall be given a lieu day with pay to be taken at a mutually agreed time and, in addition to the pay the employee would have received had he or she not worked on the holiday, one-half (1/2) times his or her straight-time hourly rate for all hours worked by him or her up to seven decimal five (7.5) hours, exclusive of a meal break. Hours worked in excess of such seven decimal five (7.5) hours, will be paid at twice (2X) the employee's straight-time hourly rate;
2. if an operating employee who anticipated and was previously granted the statutory holiday in the form of a "lieu day" shall receive only pay at the straight-time rate for the first (1st) seven decimal five (7.5) hours worked on the statutory holiday;
3. if an operating employee has any lieu days to his or her credit at the time of becoming an Electronics Systems Instructor, the disposition of such lieu days shall be mutually agreed upon by the employee and the Employer at the commencement of the assignment;
4. if for any reason the employee's lieu days have not been taken by the end of the fiscal year in which they were earned the days remaining shall be liquidated by cash payment at the employee's daily rate of pay as of March 31st. Payment for a half (1/2) day shall be one-half (1/2) the employee's daily rate of pay as of March 31st;
5. notwithstanding the above, when Good Friday and/or Easter Monday fall in the month of March, such day(s) shall be deemed to be contained in the following fiscal year.

Article 27
Travel

27.01 This article shall not apply to an employee for the travel involved in respect of a transfer or posting which is subject to the Relocation Policy.

27.02 Employees in travel status will be reimbursed for all reasonable expenses in accordance with the current Travel Policy.

27.03 When an employee travels through more than one (1) time zone, computation will be made as if the employee 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 (1st) day of travel.

27.04 In making travel arrangements for employees, every reasonable effort shall be made to minimize the amount of time the employee is away from his or her headquarters area. For trips entailing more than one (1) day of travel the employee's regular scheduled hours of work for each day of his or her itinerary are to be established in advance for each day of travel in accordance with paragraph 27.05(b) prior to the commencement of his/her trip.

27.05 When in the performance of his or her duties an employee is required by the Employer to travel by authorized means of transport, time necessarily spent in such travel shall be considered as time worked and compensated for as follows:

1. Planned Overnight Stay
   When an employee's travel itinerary includes an overnight stay between the first (1st) and second (2nd) day of travel, and where good sleeping accommodation is available at the Employer's expense, and when the employee has eight (8) continuous hours available to him or her after 21:00 and before 08:00 hours to utilize such accommodation, the employee shall be compensated as provided for in paragraphs (b), (c) and (d) below for all hours travelled and/or worked before his or her arrival at and after his or her departure from the point of his or her overnight stay.
2. Travel During Regular Hours
   Except as provided in paragraphs 27.05(e) and (g), at the employee's straight-time hourly rate for all hours during his or her regularly scheduled hours of work (minimum - the employee's daily rate of pay). When an employee is travelling for a period of more than one (1) day, his or her regularly scheduled hours of work shall be considered as being seven decimal five (7.5) consecutive hours (exclusive of a meal break) between the hours of 08:00 and 18:00 for each day of travel.
3. Travel in Excess of Regular Hours
   Except as provided in paragraphs 27.05(d) to (h) inclusive, at time and one-half (1 1/2) the employee's straight-time hourly rate for:
   1. all hours other than in paragraph (b) above,
      and
   2. the first (1st) seven decimal five (7.5) hours (exclusive of a meal break) on a designated holiday or first (1st) day of rest for travel or any combination of travel and work.
4. Travel on Designated Holidays and Days of Rest
   At twice (2X) the employee's straight-time hourly rate for hours travelled or any combination of travel and work in excess of seven decimal five (7.5) hours (exclusive of a meal break) on a designated holiday or first (1st) day of rest and all hours on a second (2nd) and subsequent day of rest, except that where good sleeping accommodation is provided or available at no expense to the employee and the employee has eight (8) continuous hours between 21:00 and 08:00 hours to utilize such accommodation, that eight (8) hours shall be exempt from payment.
5. Travel and Work Less Than Twenty-four (24) Hours, No Sleeping Accommodation
   If, within any period of twenty-four (24) consecutive hours, an employee is required by the Employer to travel by authorized means of transport to and/or from a work location other than his/her normal place of work, such time spent shall be considered as time worked. When, in such case, on a regular work day, any period of such travel and work exceeds seven decimal five (7.5) consecutive hours, exclusive of a meal break, the hours in excess of such seven decimal five (7.5) hours shall be paid for at one and one-half (1 1/2) times the employee's straight-time hourly rate except that if the period of such travel and work exceeds twelve (12) consecutive hours exclusive of meal breaks, the hours in excess of twelve (12) in any continuous period of such travel and work will be paid for at twice (2X) the employee's straight-time hourly rate. To qualify for double (2) time as provided above, the employee's contiguous periods of travel and work must begin and end within a continuous period of twenty-four (24) hours.
   In the above, where any hours involved are on a designated holiday or days of rest, the rates will be replaced as applicable in accordance with paragraphs 27.05(c) and (d) above.
6. Passenger Aboard Vehicle With Sleeping Accommodation|
   When an employee travels as a passenger aboard an authorized means of transport which provides good sleeping accommodation, and when the employee has eight (8) continuous hours available to him or her after 21:00 and prior to 08:00 hours to utilize such accommodation, the employee shall be compensated at his or her straight-time hourly rate for all hours except the eight (8) hours referred to above.
   Any time an employee ceases to be a passenger on assuming specific duties, the time so spent shall be compensated in accordance with Articles 23 and 25. On ceasing to perform said specific duties the employee shall resume the status of a passenger.
   In the above, where any hours involved are on a designated holiday or days of rest, the straight-time rate will be replaced as applicable in accordance with paragraphs 27.05(c) and (d) above.
7. Travel and Work Less than Twenty-four (24) Hours, With Sleeping Accommodation
   Notwithstanding paragraph 27.05(f) above, any situation when an employee is travelling to and/or from work locations aboard an authorized means of transport which provides good sleeping accommodation, and his or her combination of travel and work does not exceed twenty-four (24) hours, time spent shall be considered as time worked. When, in such case, on a regular work day, any period of such travel and work exceeds seven decimal five (7.5) consecutive hours, exclusive of a meal break, the hours in excess of such seven decimal five (7.5) hours shall be paid for at one and one-half (1 1/2) times the employee's straight-time hourly rate except that if the period of such travel and work exceeds twelve (12) consecutive hours, the hours in excess of twelve (12) in any continuous period of such travel and work will be paid for at twice (2X) the employee's straight-time hourly rate. To qualify for double time as provided above, the employee's contiguous periods of travel and work must begin and end within a continuous period of twenty-four (24) hours. Where good sleeping accommodation is available and the employee has eight (8) continuous hours between the hours of 21:00 and 08:00 to utilize such accommodation the eight (8) hours involved shall be exempt from payment.
   In the above, where any hours involved are on a designated holiday or days of rest, the rates will be replaced as applicable in accordance with paragraphs 27.05(c) and (d) above.
8. Unforeseen and Unavoidable Delays
   When an employee is subject to an unforeseen or unavoidable delay while travelling between assigned work locations, and that delay is at such a time and for such duration that the employee can utilize overnight accommodation, the employee shall be compensated for all hours of that delay at his or her straight-time hourly rate, except that where good sleeping accommodation is available at no expense to the employee and when the employee has eight (8) continuous hours available to him or her after 21:00 and prior to 08:00 hours to utilize such accommodation, that eight (8) hours will be exempt from payment. The straight-time payment will continue during the period of such delay until such time as the employee again commences travelling.
   In the above where any hours involved are on a designated holiday or days of rest, the straight-time rate will be replaced as applicable in accordance with paragraphs 27.05(c) and (d) above.

27.06

1. 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.).
2. Subject to paragraph 27.06(a) when an employee is required to utilize service accommodation, such accommodation shall be the equivalent, where available, of good commercial accommodation.

27.07 With the approval of the Employer, an employee may be permitted to use his or her private motor vehicle in place of a public carrier to proceed on training courses provided there is no extra cost to the Employer. The employee will be allowed the equivalent travel time and expenses including the lowest transportation costs as if he or she had travelled by public carrier. The public transportation costs will be the lowest available when the employee was notified in writing or in electronic format by the Employer that he or she had to attend a training course.

27.08 For every employee proceeding on leave with pay from an isolated post, the Employer will approve leave of absence with pay for the lesser of:

1. three (3) days;
   or
2. the actual time required to travel from his or her post to a point of departure and to return from a point of the departure to his or her post.

In this section "isolated posts" and "point of departure" have the same meaning as given to these expressions in the Isolated Posts Directive.

In the event of unavoidable delays at northern transportation terminals, additional travel time may be allowed.

It is understood by the parties that the above applies to an employee using his or her private motor vehicle where such use is practicable and it is understood that a maximum of one (1) day's leave shall compensate for all hours travelled in a day.

27.09

1. Upon request by the employee and with the approval of the Employer, compensation at the applicable overtime rate earned under this article may be granted as compensatory leave with pay. Such time off will be liquidated at a mutually acceptable time.
2. If any time off in lieu of overtime earned in accordance with paragraph 27.09(a) cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's hourly rate of pay as of March 31st.

27.10 Travel Status Leave

1. 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 fifteen (15) hours off with pay. The employee shall be credited with seven decimal five (7.5) hours off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of sixty (60) additional nights.

**

2. Notwithstanding paragraph (a) above, an employee who has been required to travel less than forty (40) nights and who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, for twenty (20) consecutive nights, shall immediately be entitled to seven decimal five (7.5) hours off with pay. These seven decimal five (7.5) hours shall form part of the fifteen (15) hours off the employee will earn if he or she is required to travel for forty (40) nights or more during the fiscal year.
3. The maximum number of hours off earned under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.
4. The Employer shall grant the travel status leave at times convenient to both the employee and the Employer.
5. If any of this leave cannot be liquidated by the end of the fiscal year, then payment in cash shall be made at the employee's rate of pay as of March 31st.

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars, unless the employee is required to attend by the Employer.

Article 28
Call-Back

28.01 If,

1. on a designated holiday or a day of rest,
   or
2. after he or she has completed his or her work period and has left his or her place of work and prior to reporting for his or her next regular scheduled work period,

an employee is called back to work and returns to work prior to his or her next regular scheduled work period for a period of overtime the employee shall be entitled to the greater of:

1. compensation at the applicable overtime rate for any time worked,
   or
2. compensation equivalent to four (4) hours' pay at the straight-time rate.

28.02

1. When an employee is recalled to work overtime under the conditions described in clause 28.01, and is required to use transportation services other than normal public transportation services, the employee's entitlement to transportation costs will be as provided in the Travel Policy.
2. Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than his or her normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

28.03 Notwithstanding clause 28.01 an employee called back to work and reports for work one (1) hour or less prior to the commencement of his or her scheduled work period and the period of work for which the employee was recalled is contiguous to the commencement of his or her work period, shall receive only the applicable overtime rate for the period worked prior to the commencement of his or her scheduled work period.

28.04

1. When an employee is called back to work in accordance with clause 28.01 for a period of overtime, the duration of which cannot be pre-determined, and works four (4) hours or more of overtime, he or she shall be provided a paid meal break of up to one-half (1/2) hour and a meal allowance of ten dollars and fifty cents ($10.50).
2. If the employee continues to work for four (4) hours or more of overtime beyond the first (1st) four (4)-hour period in paragraph 28.04(a), he or she shall be provided further paid meal breaks of up to one-half (1/2) hour and allowances of ten dollars and fifty cents ($10.50) at the completion of this second (2nd) and subsequent four (4)-hour period(s).

28.05

1. Upon request by the employee and with the approval of the Employer, compensation earned under this article may be granted in compensatory leave with pay. Such time off will be liquidated at a mutually acceptable time.
2. If any time off in lieu of overtime earned in accordance with paragraph 28.05(a) cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's hourly rate of pay as of March 31st.

Article 29
Standby

29.01 When an employee is notified in writing that he or she will be required to be available for work during his or her off-duty hours, the employee shall be entitled to a standby payment of one (1) hour's pay at the straight-time rate for each consecutive eight (8) hours or portion thereof that he or she is required to remain available.

29.02 While an employee is not required to have a telephone, an employee designated for standby duty shall be available during his or her period of standby at a known telephone number and be able to return to duty as quickly as is practicable when he or she is called, but in any event not later than one (1) hour after he or she is called.

29.03 No payment for standby will be made for any eight (8) hour period referred to in clause 29.01 if an employee is unable to report for duty when required during that period.

29.04

1. Upon request by an employee and with the approval of the Employer, the standby payment earned under clause 29.01 may be granted in compensatory leave with pay. Such time off will be liquidated at a mutually acceptable time.
2. If any time off in lieu of the standby payment earned in accordance with paragraph 29.04(a) cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's hourly rate of pay as of March 31st.

29.05 The Employer agrees that standby for the afternoon and/or night shifts shall be on a five (5) day basis, Monday to Friday inclusive.

29.06 When an employee is required for standby duties on weekends one (1) employee per weekend will be assigned to such standby unless mutually arranged otherwise at local work sites.

29.07 In respect of clauses 29.05 and 29.06, the Employer agrees to give seven (7) days' notice of such standby requirement unless it is essential to provide a replacement due to the inability of the assigned employee to assume or continue standby duties.

29.08 The Employer shall have the right to put an employee on standby duty in a specific instance where there is a requirement known in advance.

29.09 When there is a known requirement for standby duties on a continuing basis the Employer will use his best endeavours to distribute the standby duties on an equitable basis among qualified available employees and on a weekly basis.

29.10 An employee on standby who was called into work and who reports to work in accordance with the above shall be compensated in accordance with the Call-Back provisions of this Agreement.

29.11 In respect of employees of Foreign Affairs and International Trade who are posted abroad and where an employee is required to have a telephone installed, the Employer shall pay that portion of the employee's telephone installation and rental cost which exceeds the Ottawa rate for similar services.

29.12 The Employer agrees that in those areas where electronic paging devices are both available and practicable they will be provided without cost to those employees on standby.

Article 30
Shift and Weekend Premiums

30.01 An employee will receive a shift premium of fifteen dollars ($15) for each shift worked on the 16:00 to 24:00 evening shift and for each shift worked on the 00:00 to 08:00 night shift.

30.02 An employee who in the observance of a special shift schedule works four (4) or more hours during the period of either of the aforementioned shifts shall be paid the appropriate shift premium for such shift.

30.03 Where an operating employee's assigned workplace has shift cycles which have scheduled shifts on Saturdays and Sundays and it is evident that these weekend shifts will be on a continuing basis and are not affected by seasonal operations, the employee shall receive a weekend premium of one dollar and fifty cents ($1.50) per hour for all regular hours worked on Saturday and/or Sunday at his or her straight-time hourly rate in addition to the above shift premiums.

• Previous Page
• Table of Contents
• Next Page