ARCHIVED - Electronics (EL) 404 - Archived

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Article 41
Previous Rights

41.01 The coming into force of this Agreement will not serve to deny an employee any right previously enjoyed which flows from Acts, Regulations or Treasury Board Minutes then in force except to the extent that such rights are modified by the express provisions of this Agreement.

41.02 The Employer agrees to consult the Union before implementing any changes in terms and conditions of employment not covered by this Agreement.

41.03 The terms and conditions of employment about which the Employer agrees to consult in accordance with clause 41.02 shall extend to and include those terms and conditions of employment established by the following regulations or directives:

1. Travel Policy;
2. Foreign Service Directives;
3. Isolated Posts Directive;
4. Employer's share of premium payments for the Public Service Health Care Plan (PSHCP), Provincial and Supplementary Hospital Insurance.

Article 42
Employee-Owned Motor Vehicle

42.01 Unless by prior agreement in writing between the employee and the Employer, no employee shall be required by the Employer to use his or her privately-owned motor vehicle on Employer business.

Article 43
Training

On-Location Training

43.01 In recognition of changes taking place in the "state of the art" in the Electronics field, the Employer will continue to provide appropriate training manuals and, when operational requirements permit, to initiate and to facilitate relevant training and study sessions designed to improve the qualifications of an employee.

43.02 The parties agree to continue a joint committee established to enquire into the feasibility and ways and means of implementing an educational programme which will provide employees with the opportunity to improve their "state of the art" knowledge in the Electronics field and to make formal recommendations based on this study.

While the above programme shall be the Committee's first priority objective, there shall be no barrier to their discussing, exchanging information and making recommendations on subjects relating to the continuing technical development and training of employees in the Electronics group.

The formal recommendations of the Committee will be submitted to the Employer for consideration and where found practicable will be initiated.

Such meetings shall normally occur at least four (4) times per year or more frequently if desired by the parties. There is no requirement for equal representation as the function of this Committee is such that the number of persons involved from either party may vary depending on the subject matter.

It is expressly understood that no commitment may be made by any member of the Committee on a subject that is not within his or her authority or jurisdiction nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

Off-Location Training

43.03 Days Off

The Employer shall, where practicable, schedule at least two (2) days off to which the employee would normally be entitled immediately preceding and immediately following training courses and in no case will an employee lose credits for days off to which he or she would normally be entitled because of such training.

43.04 Expenses

1. Employees attending training courses will be reimbursed for expenses incurred for accommodation, meals and incidentals in accordance with the Treasury Board Travel Policy.
2. An employee shall advise his or her supervisor, within one (1) week of being informed that he or she is to be assigned to an off-location training session, of any unusual related personal expenses he or she anticipates incurring as a result of attendance at such course. The supervisor shall thereupon decide whether or not to proceed with the assignment. If the decision is to proceed, and subsequently the employee's attendance at the course is cancelled or re-scheduled, any such expenses incurred by the employee will be reimbursed by the Employer. The employee will make every reasonable effort to mitigate any losses incurred and will provide proof of such action to the Employer.

43.05 Advance Notice

An employee required to attend a training course will, where practicable, be given two (2) months' advance notice of the nature and location of the course. However, an employee assigned to a training course outside of his or her headquarters area, which will necessitate his or her absence from his or her home for a period of more than ten (10) consecutive calendar days will be given a minimum of three (3) weeks' notice.

43.06

1. An employee will not be required to attend a course or series of courses in excess of twelve (12) continuous weeks' duration.
2. 1. Courses which are primarily for employees and conducted by members of the Electronics group shall operate on days otherwise recognized as designated holidays when such days occur within the course schedule.
   2. Whenever the Employer can arrange courses, not conducted by members of the Electronics group, to operate on days otherwise recognized as designated paid holidays they will do so and will advise the attendees of this requirement in advance.
   3. All employees attending such courses on a designated paid holiday shall receive the equivalent of a day's straight-time pay and shall be credited with a lieu day as is appropriate under clause 26.05 or paragraphs 26.09(a) and (b).
   4. Where the Employer is unable to arrange for a course, attended by employees outside their assigned headquarters' area, to be conducted on what are otherwise considered to be designated paid holidays, the employees shall be notified of such in advance and the day in question shall be recognized as a holiday in accordance with clause 26.03 and shall constitute a deduction from lieu day credits as provided in clauses 26.05, 26.07, 26.08, 26.09 or paragraph 26.11(b).
3. Paragraph (b) above shall apply to employees in Foreign Affairs and International Trade (DFAIT) only when they are required to attend courses outside their headquarters' area.
4. The Employer will make every reasonable effort to ensure that training courses do not require employees to be away from their headquarters area between December 15th and January 5th.

43.07 If the Employer requires an employee to become proficient in the use of a second language, language training will be paid for by the Employer.

43.08 When training courses are given in locations where French is the employees' working language, such courses shall be conducted in the French language except where, because of the nature of the course content, the employees attending the course request that the instruction be given in the English language.

43.09 When, in connection with training courses given under the terms of this article, the courses entail classroom or associated instruction of seven (7) or less hours per day, exclusive of a meal period, no overtime claim from participants will be recognized or paid, except as may be involved in travel immediately prior to or following the course from his or her residence to his/her place of lodging during the course and vice versa.

43.10 An employee assigned to a training course outside of his or her headquarters' area, which will necessitate his or her absence from his or her assigned workplace for a period of more than fourteen (14) consecutive calendar days, will not be required to report for work on the day(s) he or she is assigned to travel to such training course. Except in respect of travel on a day of rest or a designated paid holiday, an employee will receive his or her normal salary for the day(s) but no additional payment will be made for time spent travelling unless such time exceeds eight (8) hours per day. Such excess hours will be paid at the rate of time and one-half (1 1/2).

43.11 On return from a training course outside of his/her headquarters area, which necessitated his or her absence from his/her assigned workplace for a period of more than fourteen (14) consecutive calendar days, an employee may travel on the day his or her course terminates; but when the employee is given a following day or days off with pay for the purpose of travel, he or she shall receive no additional payment for time spent travelling unless such time exceeds eight (8) hours per day. Such excess hours will be paid at the rate of time and one-half (1 1/2).

43.12 Clauses 43.10 and 43.11 shall not apply to an employee who lives at home while on an assigned training course.

43.13 Instructors will not be required to provide formal instruction (be formally in contact with the students in a classroom or laboratory environment) to students in excess of an average of twenty (20) hours per week over a fiscal year. Such hours are part of the hours of work set out in clause 23.04.

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43.14 Pedagogical Break

Instructors at the Sydney Coast Guard College shall be granted a pedagogical break which will include all calendar days between December 25 and January 2, inclusively. During this period, instructors are entitled to thirty (30) hours of leave with pay, in addition to three (3) designated paid holidays, as provided for under clause 26.01 of this Agreement. Should January 2 coincide with an instructor's day of rest or with a day to which a designated paid holiday has been moved, this day shall be moved to the instructors first (1st) scheduled working day following the pedagogical break. If an instructor performs authorized work during the pedagogical break on a day other than a designated paid holiday or a normal day of rest, the instructor shall receive compensation based on his or her normal daily rate of pay, in addition to his or her usual pay for the day.

Article 44
Technological Change

44.01 Both parties recognize the overall advantages of technological change. Both parties will, therefore, encourage and promote technological change and improvements in the Electronics field.

44.02 With this in view, and recognizing the extensive lead time required for the selection, installation and proving of sophisticated electronic equipment, the Employer agrees to provide as much advance notice as is practicable but not less than six (6) months' notice to the Union of any major technological change in electronic equipment which would result in changes in the employment status or working conditions of employees as provided for in this Agreement. In addition, the Employer agrees to consult with the Union with a view to resolving problems which may arise as a result of the introduction of such technological change.

44.03 If, during the life of this Agreement, it becomes likely that an employee will become redundant, the Employer will notify the Union forthwith and agrees to meet with the Union within thirty (30) days of a written request by the Union to do so, to discuss the matter fully and, if necessary to ensure that all steps including those provided by the Employer's manpower adjustment procedures have been fully utilized.

Article 45
Safety and Security

45.01 The Employer shall make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on this subject and, to this end, local committees will continue to be utilized. These will be composed of Union and Employer representatives, will meet periodically for the correction of unsafe or potentially harmful work practices, will review and examine reports of serious accidents, and will carry out inspections of work sites when this is warranted by circumstances, and make recommendations.

45.02 In addition, a national committee composed of not less than three (3) Employer representatives and not less than three (3) Union representatives will be established to review the activities and reports of the various local committees, to review accident frequency and accident severity records, to promote health and safety education on a national basis, and to recommend procedures and techniques designed or intended to prevent or reduce the risk of employee injury.

45.03 The Union agrees to participate on the above-mentioned safety committees and to make every effort to encourage its members to observe all safety rules and to use all the appropriate protective equipment and safeguards.

45.04 In the interests of safety the Employer will continue to provide all training it considers necessary to employees required to work on new equipment and facilities either by on-the-job training or by formal or informal training at factories or at Employer training schools. The Employer will also continue to provide training in safety practices to employees while attending technical courses at the Employer's schools.

45.05 The Employer shall provide medical services and facilities necessary for the treatment of occupational illness or injuries.

45.06 In the event of a fatal accident a representative of the Local will be invited to be present, where possible, in the Employer's investigation of the accident.

Article 46
Foreign Affairs

46.01 Foreign Technicians

Foreign technicians and engineers shall not be permitted to work on Canadian-owned electronics equipment installed or maintained by the Infrastructure Technology Division without the approval of the Regional Technical Manager (RTM) or if he or she is not available, the Head of Mission (HOM) or delegate after consultation with the Infrastructure Technology Division (SXT) Ottawa. The RTM or HOM shall only give permission in emergency situations and the work performed shall be inspected by a DFAIT employee in the Electronics Group at the next possible opportunity.

46.02 Facilities

Where building and space limitations permit, the Employer shall provide adequate and where possible separate workshop facilities at posts abroad.

46.03 Home Leave

Home leave will normally be taken immediately upon return to Canada for duty in Canada. At the request of an employee and where operational requirements permit, home leave may be deferred to a time mutually agreed upon by the employee and the Employer.

46.04 Posting

Upon request, the Employer shall advise an employee of his or her status for posting purposes.

The Employer shall advise an employee of any change in his or her status for posting purposes and, where possible, will provide reasons for the change.

An employee shall have the right to discuss his or her status for posting purposes with his/her assignment officer.

46.05 Diplomatic Mail

The Employer agrees to continue to provide employees with the use of the diplomatic mail service in conformity with the practice generally applicable throughout the Foreign Service.

46.06 Air Shipments

Where on removal to a post or in returning to Ottawa an employee, with the approval of the Employer, travels by land or sea, preceded or followed by travel by air, the Employer will bear the cost of forwarding by air for the latter portion of the journey the employee's accompanying baggage other than personal hand luggage. This cost will be borne provided a separate air shipment from the point of departure to the employee's destination has not been authorized. The weight limitation on air shipments shall be in accordance with current practice and subject to the approval of the Employer.

46.07 Passports

Diplomatic passports will be issued to employees in the Department of Foreign Affairs and International Trade posted or travelling abroad when the Employer considers necessary the protection provided by such passports.

46.08 Electronic Technologists or Technicians at posts abroad will be responsible to the Deputy Head of Post or Officer Delegate.

Article 47
Posting

47.01 Whenever practicable, advance notice of a change in posting or a transfer shall be given to an employee. Such notice shall not normally be less than three (3) months. Every reasonable effort will be made to effect such posting or transfer of an employee during his or her children's vacations from school.

Article 48
Employee Performance Review
and Employee Files

48.01 When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read and understood. A copy of an employee's completed assessment form will be provided to the employee.

48.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the content of which the employee was not aware at the time of filing or within a reasonable period thereafter. In the case of discharge such evidence will be limited to the grounds stated in the notice of discharge given to the employee.

48.03 When an unsatisfactory report is placed on an employee's file, the employee concerned must be given an opportunity to sign the report in question to indicate that its contents have been read and understood.

48.04 Any document relating to disciplinary action, which may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the infraction took place, provided that no further occurrence of disciplinary action has been recorded during this subsequent period.

48.05 Upon written request of an employee, the personnel file of that employee may be made available once per year for his or her examination in the presence of an authorized representative of the Employer.

Article 49
Loss of Personal Effects

49.01 An employee who suffers loss of clothing or personal effects will be compensated in accordance with Order-in-Council, PC-1974-4/1946.

49.02 Where an employee is assigned to duty aboard a ship and suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of a marine accident or disaster, the employee shall be reimbursed the value of those articles up to a maximum of one thousand dollars ($1,000) based on replacement cost less the usual rate of depreciation.

Article 50
Tools

50.01 The Employer agrees to continue its present practice of supplying tools where it considers them necessary.

50.02 Such tools remain the property of the Employer.

50.03 An employee who through neglect or negligence destroys or loses any of the tools issued to him or her by the Employer shall be held responsible for such damage or loss.

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