ARCHIVED - Electronics (EL) 404 - Archived

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Article 31
Sea Duty

31.01 Except for employees of the Department of National Defence when covered by Article 32, Sea Trials' Allowance, any employee assigned to work aboard a ship shall be paid a Sea Duty Allowance of nineteen dollars ($19) for each such night he or she is at sea.

31.02 Except for employees of the Department of National Defence when covered by Article 32, Sea Trials' Allowance, any employee assigned to work aboard a ship shall be paid a Sea Duty Allowance, in addition to clause 31.01 above, of twenty-five dollars ($25) for each night beyond forty-four (44) consecutive nights that he or she is at sea.

31.03 An employee required to report aboard ship sailing from home port outside his or her normally scheduled working hours and who is not required to work aboard ship upon reporting will be paid a premium of one (1) hour's straight-time.

31.04 When an employee is required to proceed to a mobile offshore drilling unit (MODU) or to board a vessel or submarine at sea by helicopter or vessel and is required to transfer from that helicopter or vessel to the mobile offshore drilling unit (MODU),vessel or submarine, he or she shall be paid a transfer allowance of ten dollars ($10). If the employee leaves the mobile offshore drilling unit (MODU), vessel or submarine by similar transfer he or she shall be paid a further ten dollars ($10).

Article 32
Sea Trials' Allowance

32.01

1. When an employee is required to be in a submarine during trials under the following conditions:
   1. he or she is in a submarine when it is in a closed down condition either alongside a jetty or within a harbour, on the surface or submerged; i.e., when the pressure hull is sealed and undergoing trials such as vacuum tests, high pressure tests, short trials, battery ventilation trials or other recognized former trials, or the submarine is rigged for diving;
      or
   2. he or she is in a submarine when it is beyond the harbour limits on the surface or submerged;
   or
2. when an employee is required to proceed to sea beyond the harbour limits aboard a HMC Ship, Auxiliary Vessel or Yardcraft for the purpose of conducting trials, repairing defects or dumping ammunition;
   or
3. when an employee is required to work in a shore-based work site in direct support of an ongoing sea trial;

he or she shall be compensated in accordance with clause 32.03.

32.02 Clause 23.13 (Encroachment) shall be applied at the termination of the sea trial only.

32.03

1. He or she shall be paid at the employee's straight-time rate for all hours during his or her regularly scheduled hours of work and for all unworked hours aboard the vessel or at the shore-based work site.
2. He or she shall be paid overtime at time and one-half (1 1/2) the employee's straight-time hourly rate for all hours worked in excess of the regularly scheduled hours of work up to twelve (12) hours.
3. After this period of work, the employee shall be paid twice (2X) his or her straight-time hourly rate for all hours worked in excess of twelve (12) hours.
4. After this period of work, the employee shall be paid three (3) times his or her straight-time hourly rate for all hours worked in excess of sixteen (16) hours.
5. Where an employee is entitled to triple (3) time in accordance with paragraph (d) above, the employee shall continue to be compensated for all hours worked at triple (3) time until he or she is given a period of rest of at least ten (10) consecutive hours.
6. Upon return from the sea trial, an employee who qualified under paragraph 32.03(d) 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.

32.04 In addition, an employee shall receive a submarine trials allowance equal to twenty-five per cent (25%) of his or her basic hourly rate for each completed one-half (1/2) hour he or she is required to be in a submarine during trials as per the conditions prescribed in paragraph 32.01(a).

Article 33
Flying Pay

33.01 An employee required to perform duties with equipment while in flight, such as flight calibration of magnetometer surveys, shall be paid an allowance of one hundred dollars ($100) per month provided that he or she completes fifteen (15) hours in the performance of such duties each quarter. The Employer will make every reasonable effort to allocate such duties on an equitable basis among available qualified employees.

33.02 An employee in the Avionics Workshop of Transport Canada or in the Avionics Systems at CFB Cold Lake who is required to perform duties with equipment while in flight, who does not qualify for payment under clause 33.01, shall be paid a flying time premium of ten dollars and fifty cents ($10.50) per hour or part thereof, while performing such work in flight authorized by his or her supervisor.

Article 34
Penological Factor Allowance

34.01 A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit which are in the Canadian Penitentiary Service, subject to the conditions set forth in Appendix A to this Agreement.

Article 35
Working Conditions

35.01 In so far as is feasible, having regard to building and space limitations, the Employer will where alternate facilities are not available, provide proper accommodation for employees to have and/or to prepare their meals and where there is a requirement, to provide space to keep their clothes, tools and manuals.

35.02 Subject to the prior approval of the Master before work is commenced, an employee who is required to work in bilges and/or spaces below the bottom deck plates for periods in excess of fifteen (15) minutes, shall be paid, in addition to the appropriate rate of pay, an additional one-quarter (1/4) of his or her straight-time hourly rate of pay for every fifteen (15) minute period, or part thereof, worked.

35.03 The Employer will ensure that a supply of water and a utensil capable of heating liquids (hot-cup) are made available to technicians working at normal work sites where such facilities are not now available.

35.04 An employee who is required to repair buoys and other navigational equipment on open ice on Lac St. Pierre in the Province of Quebec shall be paid an extra allowance of thirteen ($13) dollars for the time spent on open ice in any twenty-four (24) hour period.

Article 36
Assigned Workplace

36.01 An employee shall have an assigned permanent headquarters and this shall be his or her workplace. This shall be the point where the employee reports, commences and ends his or her day's work.

36.02 In the event that the employee's permanent headquarters is changed the Employer will give not less than one (1) month's notice in writing of the impending change.

Article 37
Temporary Assignment

37.01 When an employee is assigned to work at a location outside of his or her headquarters' area he or she shall be considered as being on temporary assignment until he or she returns to his or her headquarters' area or is permanently assigned to another headquarters' area. An employee on temporary assignment shall be entitled to reimbursement for all reasonable expenses in accordance with clause 27.02.

37.02 An employee on temporary assignment at a workplace that is a workplace of other employees shall have that workplace designated as his or her report point where he or she shall commence and end his or her day's work.

37.03 The Employer agrees that temporary assignments to isolated posts for construction activities will be equally distributed, as far as practicable, amongst the available qualified construction technicians in that region.

37.04 Employees assigned away from their headquarters area on other than a training course for a period of seven (7) days or more shall be given seven (7) days' notice of such assignment. Where less than seven (7) days' notice is given, the employee shall be paid a premium equal to the amount shown in note 5 of Appendix B-1 for the first (1st) day of the assignment for which he or she was not given seven (7) days' notice.

37.05 An employee who is assigned to a ship of the Employer to perform maintenance on the ship's electronic equipment as his or her primary duty on a continuing basis at sea shall have that ship considered as his or her workplace for the period of that temporary assignment.

37.06 An employee who is assigned to a ship of the Employer for scientific and/or research support or to operate electronic equipment on board that ship, shall have that ship considered as his or her workplace for the period of that temporary assignment.

37.07 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 overtime, where practicable and when work is available. Such work will be paid for at the appropriate overtime rate.

Article 38
Officer Status

38.01 An employee assigned to work aboard ship will be given accommodation equal to that afforded to Officers aboard that ship except where it is not operationally practicable or where space does not permit.

Article 39
Grievance Procedure

39.01 Employee complaints or grievances will be dealt with in accordance with the procedure set forth in this Article the purpose of which is to secure prompt and fair disposition of grievances.

39.02 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the NJC parties to this Agreement have endorsed, the grievance procedure will be in accordance with section 15 of the NJC By-Laws.

39.03 Definitions

1. Days
   All "days" referred to in this procedure are calendar days exclusive of Saturdays, Sundays and designated holidays.
2. Immediate Supervisor
   The "immediate supervisor" is the supervisor who has been specified by the Department to deal with complaints from employees in his or her work area, and to receive written grievances and process them to the appropriate step in the procedure.
3. Management Representative
   The "management representative" is the officer identified by the Employer as an authorized representative whose decision constitutes a step in the grievance procedure.

39.04 Right to Present Grievances

Subject to and as provided in section 208 of the Public Service Labour Relations Act an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the Employer in matters other than those which are dealt with in the classification grievance process is entitled to present a grievance in accordance with the procedure provided by this article except that:

1. where there is another administrative procedure provided in or under any Act of Parliament to deal with his or her specific complaint such procedure must be followed,
   and
2. where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral award relating thereto the employee is not entitled to present the grievance unless he or she has the approval of and is represented by the Local.

A grievance must be presented not later than thirty (30) days from the day on which the employee was notified, informed or otherwise became aware of the decision, situation or circumstance that is the subject of his or her grievance.

A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Employer.

39.05 Representation

An employee may be assisted and/or represented by an authorized representative of the Local when presenting a complaint or grievance at any level. Such representative may meet with the Employer to discuss a complaint or grievance at each or any level of the grievance procedure.

When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him or her, the employee shall be informed that he or she is entitled to have an authorized representative of the Local attend the meeting.

39.06 Procedure - Complaints

An employee who has a complaint should attempt to resolve the same through discussion with his or her supervisor.

**

39.07 Level One (All Departments)

An employee may present his or her grievance in writing to his/her immediate supervisor within the thirty (30) day period referred to in paragraph 39.04 above. The immediate supervisor shall sign the form indicating the time and date received. A signed copy will be returned to the employee and a copy forwarded to the management representative authorized to make a decision at Level One (1). The management representative shall give his/her decision and reasons in writing as quickly as possible and not later than twenty (20) days after the day on which the grievance was presented. The decision will be in writing and a copy will be returned, through the immediate supervisor, to the employee.

**

39.08 Level Two (All Departments Except Foreign Affairs)

If a decision at Level One (1) is not acceptable to the employee, the employee may, not later than ten (10) days after receipt of the decision at Level One (1), or if no decision was received, not later than fifteen (15) days after the last day on which he or she was entitled to receive a decision, complete the grievance transmittal form and present it to his or her immediate supervisor who will sign it indicating the time and date received. A copy will be returned to the employee and the employee representative if applicable. The management representative shall give his or her decision and reasons in writing as quickly as possible and not later than twenty (20) days after the grievance was presented. The decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the employee.

39.09 Final Level (All Departments)

If a decision at the level immediately preceding the Final Level is not acceptable to the employee, the employee may, not later than ten (10) days after receipt of the decision, or if no decision was received, not later than fifteen (15) days after the last day on which he or she was entitled to receive a decision, complete the grievance transmittal form and present it to his or her immediate supervisor who will sign it indicating the time and date received. A receipted copy will be returned to the employee and the employee representative, and a copy forwarded to the Deputy Minister or his or her delegated representative authorized to make a decision at the Final Level. The Deputy Minister or his or her delegated representative shall give his or her decision and reasons for his or her decision as quickly as possible and not later than thirty (30) days after the grievance was presented. The decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the employee. The decision of the Deputy Minister or his or her delegated representative at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to Adjudication.

39.10 Copy to the Local

Where a grievance related to the interpretation or application in respect of an employee of a provision of this Collective Agreement or an arbitral award relating thereto or where the employee has indicated that he or she is being represented by the Local, a copy of the reply at each level of this procedure shall be forwarded to the authorized representative of the Local.

39.11 Termination, Demotion or Indefinite Suspension Grievance

1. A grievance resulting from the demotion or termination for cause pursuant to paragraphs 12(1)(c), (d) or (e) of the Financial Administration Act of an employee shall begin at the Final Level of the grievance procedure. The written decision of the Deputy Minister or his/her delegated representative shall be given as quickly as possible and not later than fifteen (15) days after the grievance is presented. The fifteen (15) day time limit may be extended to thirty (30) days by mutual agreement between the Employer and the employee.
2. A grievance resulting from the indefinite suspension of an employee once the period of indefinite suspension exceeds fifteen (15) days shall begin at the Final Level of the grievance procedure. The written decision of the Deputy Minister or his or her delegated representative shall be given as quickly as possible and not later than fifteen (15) days after the grievance is presented. The fifteen (15) day time limit may be extended to thirty (30) days by mutual agreement between the Employer and the employee.

39.12 Time Off to Present Grievance

An employee may be granted time off during working hours to discuss a complaint or grievance provided prior permission of his or her supervisor is obtained.

An employee who is a representative of the Local may, with the permission of his or her supervisor, be granted time off during working hours to assist an employee in the presentation of a complaint or grievance. Where such assistance is given during working hours in the representative's area of jurisdiction he or she may be granted time off with pay, and where such assistance is given at locations other than in the representative's area of jurisdiction, leave without pay.

Employees who are representatives of the Local, will not be entitled to be paid when a discussion or meeting on a complaint or grievance takes place outside their normal working hours. The Employer will make every reasonable attempt to schedule such meetings during normal working hours.

39.13 Permission to Enter Premises or Offices

An authorized representative of the Local may be permitted access to the Employer's premises to assist in the settlement of a grievance. The Local shall request such access from an authorized management representative in writing where time permits and verbally in other cases.

Where security clearance is required this clearance will not be unreasonably withheld.

39.14 Adjudication of Grievances

Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with respect to:

1. the interpretation or application in respect of him or her of a provision of this Collective Agreement or an arbitral award relating thereto,
   or
2. disciplinary action resulting in suspension or a financial penalty,
   or
3. termination of employment or demotion pursuant to paragraphs 12(1)(c), (d) or (e) of the Financial Administration Act,

and his or her grievance has not been dealt with to his or her satisfaction, the employee may refer the grievance to adjudication.

Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this Collective Agreement or an arbitral award relating thereto, the employee is not entitled to refer the grievance to adjudication unless the Local signifies in prescribed manner:

1. its approval of the reference of the grievance to adjudication;
   and
2. its willingness to represent the employee in the adjudication proceedings.

39.15 Extension of Normal Time Limits

The time limits stipulated in this procedure may be extended by mutual agreement between the Management representative and the employee, and the Local representative where the Local is representing the employee.

39.16 Abandonment of Grievances

An employee may, by written notice to his or her immediate supervisor or local officer-in-charge, abandon a grievance at any time during the grievance process. If the grievance in question has been processed with the support of the Local, the Employer will notify the Local that the employee has abandoned the grievance. The abandonment of a grievance shall not prejudice the position of the Local in dealing with grievances of a similar nature.

Where an employee fails to present a grievance to the next higher level within the prescribed time limits the employee shall be deemed to have abandoned the grievance.

It is not the Employer's intent to deny any grievance as being untimely when failure to present the grievance within the time limits stipulated above is caused due to circumstances beyond the control of the grievor.

Article 40
Joint Consultation

40.01 The Employer and the Union recognize that consultation and communication on matters of mutual interest outside the terms of the collective agreement should promote constructive and harmonious Employer-Union relations.

40.02 The Employer will recognize committees of the Union for the purpose of consultation with management with a view to resolving problems which arise within the ambit of the joint consultation process, as follows:

1. a National Committee of the Union consisting of not more than five (5) employee representatives of the Union;
2. Regional Committees of the Union consisting of not more than three (3) employee representatives;
3. by agreement of the parties, and where circumstances warrant, local Unit Committees of the Union, consisting of not more than three (3) employee representatives, may be established for the purpose of consultation with local management.

40.03 It is agreed that a subject suggested for discussion may not be within the authority or jurisdiction of either the management or union representatives. In these circumstances, consultation may take place for the purpose of providing information, discussing the application of policy or airing problems to promote understanding, but it is expressly understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to, or modify the terms of this Agreement.

40.04 Meetings with Regional Committees and the National Committee shall take place at least every six (6) calendar months. By agreement of the parties the frequency of meetings may be increased. The frequency of meetings with local committees shall be determined by mutual agreement.

40.05 All meetings shall be held on the Employer's premises at a time and for a duration determined by mutual agreement.

40.06 Full-time employees forming the continuing membership of local Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.

40.07 A designated representative of the Union Committee and management shall exchange a written agenda for a meeting as early as possible prior to the effective date of the meeting, but in any case normally not less than fifteen (15) calendar days in advance.

40.08 It is agreed that the following matters will be subjects for joint consultation under clause 40.01:

1. housing;
2. parking (current arrangements, including prices charged);
3. training - Scheduling of study after normal working hours;
4. duration of tour and return of employees posted for lengthy terms of field survey or construction trips;
5. reserve;
6. compensation for technicians performing courier duties;
7. isolated posts - trip out for death in the family;
8. shift scheduling - shift cycles.

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