ARCHIVED - Electronics (EL) 404 - Archived

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Article 51
Manuals

51.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all manuals considered necessary to their work by the Employer, and manuals of a non-confidential nature relating to their terms and conditions of employment.

Article 52
Power Units

52.01 Electronics personnel are not required to be responsible for the care and operation of gasoline or diesel power generating units.

52.02 While at equipment sites, electronics personnel may be required to perform regular plant run-ups, checking of oil or antifreeze levels and other minor inspections. An employee may also be required to perform minor maintenance or repair activities on environmental control systems such as the replacement or adjustment of modules and components.

52.03 It is recognized that at isolated work locations, where normal maintenance services are not available, employees may attempt to repair gasoline or diesel power generating units.

Article 53
Flying Accidents

53.01 When an employee dies or is injured as a result of an unscheduled flight he or she is required to undertake, he or she or his or her estate shall be paid compensation with respect to flying accidents in accordance with the policy in effect at the time the accident occurred.

Article 54
Pay Administration

54.01 Entitlement to Pay

An employee, other than an employee paid acting pay, shall be paid for services rendered at the rate of pay specified in Appendix B-1 for his or her classification level prescribed in his or her certificate of appointment.

54.02 Rates of Pay and Effective Dates

The rates of pay in Appendix B-1 shall be implemented as indicated therein.

54.03 Rates of Pay on Appointment

1. A person appointed to a classification level from outside the public service shall be paid at the minimum rate applying to that level except where the Employer, in its discretion, authorizes a higher rate of pay.
2. An employee appointed to a classification level from within the public service shall be paid a rate of pay as determined by the application of clauses 54.04, 54.05 or 54.06 as applicable. See clauses 54.10, 54.11 and 54.12 for application on acting pay, and subsequent assignments and appointments.
3. An employee to whom paragraph 54.03(a) applied and who was appointed above the minimum rate during a period where a pay increase becomes retroactive and who was notified in writing prior to his or her appointment that a negotiated retroactive pay increase would not apply to him or her shall, effective the date of his or her appointment, have his or her rate of pay on appointment altered to the rate in the new scale of rates for his or her classification level which is nearest to but not less than the rate at which the employee was appointed. Changes in the employee's rate of pay which took place during the retroactive period will be recalculated on the basis of that new rate.
4. When a person is appointed to the public service within one (1) year of having been laid off, he or she shall be paid in accordance with clauses 54.04, 54.05 or 54.06 as if he or she were being appointed to a classification level from within the public service. For purposes of applying clauses 54.04, 54.05 or 54.06 the employee's rate of pay "immediately before the appointment" shall be deemed to be the rate the employee was being paid when he or she was laid off, except that if the rate the employee was being paid when he or she was laid off has been revised subsequent to the employee being laid off the employee's rate of pay "immediately before the appointment" shall be deemed to be the revised rate.

54.04 Rate of Pay on Appointment to a Classification Level Having a Higher Maximum Rate

An employee appointed to a classification level having a maximum rate of pay four per cent (4%) or more greater than the maximum of his or her former substantive classification level shall be paid in his/her new classification level at the rate of pay, nearest to the rate he or she was entitled to in his or her substantive level immediately before the appointment that gives him or her an increase in pay of not less than the smallest pay increment for his or her new classification level. If there is no such rate the employee shall be paid the maximum rate in his or her new scale.

54.05 Rate of Pay on Appointment to a Classification Level Having a Lower Maximum Rate

Note

(Except in the case of reclassification of duties and responsibilities to a level having a lower maximum rate where clause 54.13 would apply.)

1. An employee appointed, other than for incompetence or incapacity, to a classification level having a lower maximum rate of pay than his or her former substantive classification level may be paid at a rate in the scale of rates for the new classification level to which he or she is appointed which is nearest to but not less than the rate of pay the employee was entitled to in his or her substantive level immediately before the appointment, or if there is no such rate, the employee shall be paid the maximum of his or her new scale of rates.
2. An employee appointed, because of his or her incompetence, to a classification level having a lower maximum rate of pay than his or her former classification level shall be paid in his or her new classification level at a rate of pay to be determined by the Employer.
3. An employee appointed, because of his or her incapacity, to a classification level having a lower maximum rate of pay than his or her former classification level shall be paid in his or her new classification level at a rate of pay to be determined by the Employer.

54.06 Rate of Pay on Appointment to a Classification Level Having:

1. the same maximum rate of pay,
   or
2. a maximum rate which exceeds the employee's former maximum rate by less than four per cent (4%).
3. An employee appointed to a classification level having the same maximum rate of pay as his or her former substantive classification level shall be paid a rate of pay in his or her new scale of rates nearest to but not less than the rate he or she was entitled to in his or her substantive level immediately before the appointment.
4. An employee appointed to a classification level having a maximum rate of pay which exceeds the maximum rate of his or her former classification level by less than four per cent (4%) shall be paid a rate of pay in his or her new scale of rates nearest to but not less than the rate he or she was entitled to in his or her substantive level immediately before the appointment.

54.07 Rates of Pay on Appointment Where the Effective Date of Appointment Coincides With a Pay Increment Date and/or a Pay Revision Date

Where there is a coincidence of dates of appointment, pay increment and/or pay revision, the employee's rate shall be adjusted in the following sequence as applicable:

1. the employee shall receive his or her pay increment;
2. his or her rate of pay shall be revised;
3. his or her rate of pay on appointment shall be established in the revised scale of rates in the new classification level in accordance with the provisions of clauses 54.04, 54.05 or 54.06.

54.08 Acting Pay

An employee who is required by the Employer to perform on an acting basis the duties of a higher position to which a higher rate of pay would apply, if appointed for a period of at least three (3) consecutive scheduled working days, shall be paid acting pay from the date on which he or she commenced to act as if he or she were appointed to the higher position.

Acting pay will be recalculated as the result of any pay increment or any change to the range of rates in the employee's substantive position or any change to the range of rates in the higher position.

Where such recalculation results in a rate of pay which is equal to or less than the employee's previous acting rate of pay, the employee shall retain the previously established acting rate of pay.

54.09 Temporary Assignment

An employee of the public service from outside the bargaining unit who is temporarily assigned to, and performs for at least ten (10) consecutive working days, the duties of a classification level in the bargaining unit having a higher maximum rate of pay than the maximum rate of pay for the classification level held by him or her, shall be paid from the first (1st) day of his or her temporary assignment the rate of pay of the higher classification level as if he or she had been appointed to the higher classification level.

54.10 Pay of an Employee on Termination of Acting Pay within the Bargaining Unit or Termination of Temporary Assignment Outside the Bargaining Unit

1. On termination of acting pay within the bargaining unit or termination of a temporary assignment outside the bargaining unit, an employee shall be entitled to pay from the date of termination as if he or she had remained in his or her substantive classification level in the bargaining unit. The rate so determined shall also be the employee's rate of pay for the purpose of calculating a new rate of pay for any appointment, acting pay within the bargaining unit or temporary assignment outside the bargaining unit which coincides with the termination date.
2. Where an employee on acting pay or on temporary assignment is appointed to the classification level in which he or she is acting or temporarily assigned, the employee shall continue to be paid in that classification level at the rate of pay he or she is receiving and his or her service in that classification level shall be recognized in determining his or her increment date.

54.11 Subsequent Assignments or Appointment to a Higher Level

1. An employee already in receipt of acting pay who is either assigned on an acting basis, or appointed on a substantive basis, to a higher classification level than the one at which he or she was previously acting, shall be paid at a rate of pay calculated pursuant to clause 54.04 or 54.06.
2. Notwithstanding paragraph (a) above, should such rate of pay be less than the employee's previous acting rate of pay, the employee shall be paid at the rate of pay in the higher classification level that is nearest to but not less than the previous acting rate of pay.
3. Should the employee then revert to the previous acting duties, the employee shall be paid at the rate of pay that would have been paid had the previous acting duties been continuously performed.

54.12 Subsequent Assignments or Appointments to a Lower Level

An employee already in receipt of acting pay who is either assigned on an acting basis, or appointed on a substantive basis, to a lower classification level than the one at which he or she was previously acting, shall be paid at a rate of pay calculated pursuant to clauses 54.04, 54.05 or 54.06, and his or her service in the higher classification level shall be recognized in determining his or her increment date.

54.13 Rate of Pay on Reclassification of Duties and Responsibilities to a Level With a Lower Maximum Rate

Where an employee's duties and responsibilities are reclassified to a level with a lower maximum rate of pay than the level at which he or she is being paid, the following shall apply:

1. prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing;
2. downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection Status and subject to subparagraph (c)(ii) below shall apply until the position is vacated or the attainable maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level.
3. 1. The Employer will make a reasonable effort to transfer the incumbent to a position having a level equivalent to that of the former group and/or level of the position.
   2. In the event that an incumbent declines an offer of transfer to a position as in subparagraph (i) above in the same geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for the reclassified position.

54.14 Pay Increments

1. Except as provided in paragraph 54.14(b) an employee's salary shall be increased by a pay increment on completion of the pay increment period specified in Appendix B-1.
2. The Employer may deny a pay increment to an employee if it is satisfied the employee is not performing the duties of his or her position satisfactorily. Where the Employer intends to deny a pay increment to an employee it shall, at least two (2) weeks but not more than six (6) weeks before the due date for the pay increment to the employee, give the employee, in writing the reason for the denial.
3. Where the Employer has denied an increment it may grant the increment on any Monday prior to the expiry of the increment period following and the employee shall retain his or her increment date. The Employer shall review the employee's performance three (3) months after the date of denial and decide whether or not the employee's increment should be granted.
4. The pay increment date of an employee who has an established quarterly increment date shall be the Monday nearest to that quarterly increment date.
5. The pay increment date of an employee who is appointed in accordance with paragraph 54.03(a), clause 54.04, paragraph 54.05(b) or paragraph 54.05(c) shall be the first (1st) Monday following completion of his/her pay increment period specified in Appendix B-1.
6. The increment of an employee appointed in accordance with paragraph 54.05(a) or clause 54.06 will become due at the end of the increment period specified in Appendix B-1 calculated from the date from which his or her increment period would have been calculated in his or her former classification level.
7. This clause does not apply to an employee who is on leave without pay except when the leave without pay is for a period of three (3) months or less or is on leave of absence for military leave, education leave or on election to a full-time municipal office or on leave as per Article 16.

54.15 Implementation of a New Classification Standard

If, during the term of this Agreement, the Employer establishes and implements a new classification standard, the Employer, following consultation with the Local may apply rates of pay to the classification levels of the standard. If the Local does not agree to the rates as final rates, they shall be considered temporary rates and the Employer will negotiate the rates of pay with the Local. The rates of pay finally agreed will be effective retroactively to the date the temporary rates of pay were applied by the Employer.

54.16 Payment Following Death of Employee

When an employee dies the Employer shall pay to the estate of that employee the amount of pay the employee would have received but for his or her death for the period from the date of the employee's death to the end of the month in which the employee's death occurred.

54.17

1. The Employer will endeavour to make cash payments for overtime premium and shift differential within four (4) weeks following the end of the calendar month in which they are earned.
2. The Employer will endeavour to make cash payments in settlement of travel claims within six (6) weeks of the submission of the claim by the employee.

54.18 When an employee, through no fault of his or her own, has been overpaid, the paying office will, before recovery action is implemented, advise the employee of the intention to recover the overpayment. Where the amount of overpayment is in excess of fifty dollars ($50), and where the employee advises his or her local management that the stated recovery action will create a hardship, arrangements will be made by the Department with the paying office to limit recovery action to not more than ten per cent (10%) of the employee's pay each period until the entire amount is recovered.

Note: Public Service

For the purpose of this article, "Public Service" means that part in respect of which Her Majesty as represented by the Treasury Board is the Employer.

Article 55
Miscellaneous

55.01 Except as otherwise provided in Articles 12, 15, 22, 26, 28, 30 and Appendix B-1 (Check-off, Time Off for Local Business, Severance Pay, Designated Holidays, Call-Back, Shift and Weekend Premiums and Pay Rates), the terms and conditions of employment for seasonal employees are not altered by this Agreement.

Article 56
Diving Duty Allowance

56.01 Qualified personnel performing assigned diving duties shall be paid an extra allowance of twelve dollars and fifty cents ($12.50) per hour. The minimum allowance shall be for two (2) hours per dive.

A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of self-contained air supply.

Article 57
Redundancy

57.01 If, during the life of this Agreement it becomes likely that an employee's services will no longer be required, the Employer agrees to give as much advance notice as is practicable but not less than three (3) months' notice to the Union and agrees to meet with the Local within thirty (30) days of a written request by the Local 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 58
Part-Time Employees

58.01 Definition

Part-time employee means an employee whose normal scheduled hours of work on average are less than thirty-seven decimal five (37.5) hours per week.

General

58.02 Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal scheduled weekly hours of work compare with the normal weekly hours of work of full-time employees unless otherwise specified in this Agreement.

58.03 Notwithstanding clause 58.02, there shall be no prorating of a "day" under clause 18.02, Bereavement Leave With Pay.

58.04 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven decimal five (7.5) hours in a day or thirty-seven decimal five (37.5) hours in a week.

58.05 The days of rest provisions of this Agreement apply only in a week when a part-time employee has worked five (5) days and a minimum of thirty-seven decimal five (37.5) hours in a week at the hourly rate of pay.

58.06 Part-time employees shall receive in lieu of designated holidays a premium of four decimal two five per cent (4.25%) for all straight-time hours worked during the period of part-time employment.

Article 59
Agreement Re-Opener Clause

59.01 This Agreement may be amended by mutual consent.

Article 60
Duration and Renewal

60.01 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date it is signed.

**

60.02 This Agreement shall expire on August 31, 2010.

60.03 The provisions of this Agreement shall be implemented by the parties within a period of one hundred and fifty (150) days from the date of signing.

Signed at Ottawa, this 29th day of the month of January 2010.

• Previous Page
• Table of Contents
• Next Page