ARCHIVED - Financial Management

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Part III - Working Conditions

Article 18
Hours of Work

18.01 Day Work

(a) The normal work week shall be thirty-seven point five (37.5) hours from Monday to Friday inclusive, and the normal work day shall be seven point five (7.5) consecutive hours, exclusive of a lunch period, between the hours of 7 a.m. and 6 p.m.

(b) Subject to operational requirements as determined from time to time by the Employer, an employee shall have the right to select and request flexible hours between 7 a.m. and 6 p.m. and such request shall not be unreasonably denied.

18.02 Within five (5) days of notification of consultation served by either party, the Association shall notify the Employer in writing of the representative authorized to act on behalf of the Association for consultation purposes.

18.03 An employee on day work whose hours of work are changed to extend before or beyond the stipulated hours of 7 a.m. and 6 p.m., as provided in clause 18.01, and who has not received at least five (5) days' notice in advance of the starting time of such change, shall be paid for the first (1^st) day or shift worked subsequent to such change at the rate of one point five (1.5) times the employee's hourly rate of pay. Subsequent days or shifts worked on the revised hours shall be paid for at the straight-time rate, subject to the overtime provisions of this Agreement.

18.04

(a) Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete the employee's weekly hours of employment in a period other than five (5) full days provided that over a period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days the employee works an average of thirty-seven point five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every fourteen (14), twenty-one (21) or twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.

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

General

18.05 The Employer may require employees to register their attendance in a form or in forms to be determined by the Employer.

18.06 The Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day.

Article 19
Overtime

19.01 Assignment of Overtime Work

(a) The Employer shall make every reasonable effort to avoid excessive overtime and to allocate overtime work on an equitable basis among readily available qualified employees.

(b) Except in cases of emergency, call-back or mutual agreement with the employee, the Employer shall, wherever possible, give at least four (4) hours' notice of any requirement for overtime work.

19.02 Overtime Compensation on a Normal Work Day

Subject to clause 19.04, an employee who is required to work overtime on the employee's normal work days is entitled to compensation at the rate of one point five (1.5) times the employee's hourly rate of pay for the first seven and one-half (7.5) overtime hours worked and double (2) time thereafter.

19.03 Overtime Compensation on a Day of Rest

Subject to clause 19.04, an employee who is required to work on a day of rest is entitled to compensation at the rate of one point five (1.5) times the employee's hourly rate of pay for the first seven point five (7.5) hours and the rate of two (2) times the employee's hourly rate of pay thereafter, except that:

(a) when the employee is required by the Employer to work on two (2) or more consecutive and contiguous days of rest the employee shall be compensated on the basis of double (2) time for each hour worked on the second and each subsequent day of rest;

(b) when the employee is required to report for work and reports on a day of rest, the employee shall be paid the greater of:

(c) the minimum payment referred to in subparagraph (b)(ii) does not apply to part-time workers. Part-time employees will receive a minimum payment in accordance with clause 27.12.

19.04 An employee is entitled to overtime compensation under clauses 19.02 and 19.03 for each completed period of fifteen (15) minutes of overtime worked by her:

(a) when the overtime work is authorized in advance by the Employer,

and

(b) when the employee does not control the duration of the overtime work.

19.05 Employees shall record starting and finishing times of overtime work in a form determined by the Employer.

19.06

(a) Upon application by the employee and at the discretion of the Employer, overtime shall be compensated in cash except where, upon mutual agreement between the employee and the Employer, overtime may be compensated in compensatory leave with pay. The duration of such leave will be equal to the overtime worked multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken.

(b) The Employer shall grant compensatory time off at times convenient to both the employee and the Employer.

(c) Compensation leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer, shall be paid at the employee's rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the 31 March of the previous fiscal year.

(d) The Employer will endeavour to pay cash compensation for overtime within two (2) months from the pay period in which it is earned.

19.07 Meals

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's normal hours of work shall be reimbursed the employee's expenses for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.

(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.

(d) Meal allowances under this clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

19.08 Compensation under this Article shall not be paid for overtime worked by an employee at courses, training sessions, conferences and seminars unless the employee is required to attend by the Employer.

19.09

(a) If an employee is given instructions before the beginning of the employee's meal break or before the midpoint of the employee's work day whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of two (2) hours' pay at straight time, whichever is the greater.

(b) If an employee is given instructions, after the midpoint of the employee's work day or after the beginning of the employee's meal break whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of three (3) hours' pay at straight time, whichever is the greater.

19.10

(a) When an employee is required to report for work and reports under the conditions described in clauses 19.03 and 19.09, and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:

(b) Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

Article 20
Call-Back Pay

20.01

(a) If an employee is called back to work:

(b) The minimum payment referred to in subparagraph (a)(iv) does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 27.11.

(c) Upon application by the employee and at the discretion of the Employer, payments earned under this Article may be compensated in cash or in compensatory leave.

(d) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.

(e) Compensation leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer shall be paid at the employee's rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the 31 March of the previous fiscal year.

20.02 An employee who receives a call to duty or responds to a telephone or data line call while on standby or at any other time outside of his or her scheduled hours of work, may, at the discretion of the Employer work at the employee's residence or at another place to which the Employer agrees. In such instances, over an eight (8)-hour period which starts the first time an employee commences work, the employee shall be paid the greater of:

(a) compensation at the applicable overtime rate for all accumulated time worked within the eight (8)-hour period,

or

(b) compensation equivalent to one (1) hour's pay at the straight-time rate.

20.03 Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

20.04 No Pyramiding of Payments

Payments provided under the Overtime, the Designated Paid Holidays, Reporting Pay and the Standby provisions of this Agreement and clause 20.01 above shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

Article 21
Standby

21.01 When the Employer requires an employee to be available on standby during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which the employee has been designated as being on standby duty.

21.02 An employee designated by letter or by list for stand-by duty shall be available during the employee's period of stand-by at a known telephone number and be available to return for duty as quickly as possible, if called. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.

21.03 No standby payment shall be granted if an employee is unable to report for duty when required.

21.04 An employee on standby who is required to report for work shall be paid, over an eight (8) hour period which starts the first time an employee commences work, in addition to the standby pay, the greater of:

(a) the applicable overtime rate for the time worked within the eight (8) hour period,

or

(b) the minimum of four (4) hours' pay at the hourly rate of pay, except that this minimum shall apply only the first (1^st) time that the employee is required to report for work during an eight (8) hour period.

21.05 An employee who receives a call to duty or responds to a telephone or data line call while on standby or at any other time outside of his or her scheduled hours of work, may, at the discretion of the Employer work at the employee's residence or at another place to which the Employer agrees. In such instances, over an eight (8)-hour period which starts the first time an employee commences work, the employee shall be paid the greater of:

(a) compensation at the applicable overtime rate for all accumulated time worked within the eight (8)-hour period,

or

(b) compensation equivalent to one (1) hour's pay at the straight-time rate.

21.06

Compensation earned under this Article may be taken in the form of Compensatory Leave at the applicable overtime rate.

(a) Upon application by the employee and at the discretion of the Employer, payments earned under this Article may be compensated in cash or in compensatory leave.

(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.

(c) Compensation leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer, shall be paid at the employee's rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the 31 March of the previous fiscal year.

21.07 Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

21.08 No Pyramiding of Payments

Payments provided under the Overtime, the Designated Paid Holidays, Call-Back and Reporting Pay provisions of this Agreement and clause 21.04 above shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

Article 22
Designated Paid Holidays

22.01 Subject to clause 22.02, the following days shall be designated paid holidays for employees:

(a) New Year's Day,

(b) Good Friday,

(c) Easter Monday,

(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,

(e) Canada Day,

(f) Labour Day,

(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

(h) Remembrance Day,

(i) Christmas Day,

(j) Boxing Day,

(k) one additional day in each year that, 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 additional day is recognized as a provincial or civic holiday, the first (1^st) Monday in August,

(l) one additional day when proclaimed by an Act of Parliament as a national holiday.

22.02 An employee absent without pay on both the employee's full working day immediately preceding and the employee's full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 12, Leave With or Without Pay For Association Business.

22.03

(a) When a day designated as a holiday under clause 22.01 coincides with an employee's day of rest, the holiday shall be moved to the first (1^st) scheduled working day following the employee's day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.

(b) When two (2) days designated as holidays under clause 22.01 coincide with an employee's consecutive days of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

22.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 22.03:

(a) 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,

and

(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

22.05 When an employee works on a holiday, the employee shall be paid at the rate of one point five (1.5) times the employee's hourly rate of pay for all hours worked up to seven point five (7.5) hours, and at the rate of two (2) times the employee's hourly rate of pay thereafter, in addition to the pay that the employee would have been granted had the employee not worked on the holiday.

22.06 When an employee works on a holiday, which is not the employee's scheduled day of work, contiguous to a day of rest on which the employee also worked and received overtime in accordance with paragraphs 22.05 the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times the employee's hourly rate of pay for all time worked.

(a) Upon application by the employee and at the discretion of the Employer, payments referred to in clauses 22.05 and 22.06 may be compensated in cash or compensatory leave with pay.

(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.

(c) Compensatory leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer, shall be paid at the employee's rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the 31 March of the previous fiscal year.

22.07 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:

(a) compensation in accordance with the provisions of clause 22.05;

or

(b) three (3) hours' pay at the applicable overtime rate of pay.

22.08

(a) When an employee is required to report for work, reports on a designated holiday and is required to use transportation services other than normal public transportation services the employee shall be reimbursed for reasonable expenses incurred as follows:

(b) Except when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to the employee's residence shall not constitute time worked.

22.09 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

22.10 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.

• Previous Page
• Table of Contents
• Next Page