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29.01 For the purpose of this Article, the terms:
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29.02 Lay-off
An officer with one (1) or more years of continuous employment who is laid off after October 28, 1969, shall be paid severance pay based on completed years of continuous employment less any period within the period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer. It shall be calculated at the rate of:
29.03 Resignation
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29.04 Retirement
An officer who is entitled to an immediate annuity or an officer who is entitled to an immediate annual allowance under the Public Service Superannuation Act and resigns shall be paid severance pay calculated by multiplying the officer's weekly rate of pay on termination of employment by the number of completed years of continuous employment less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer 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 (three-hundred-sixty-five), to a maximum of thirty (30) week's pay.
29.05 Death
Regardless of any other payment to an officer's estate, if the officer dies there shall be paid to the estate, severance pay calculated by multiplying the officer's weekly rate of pay at the time of death by the number of completed years of continuous employment less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer and, in the case of a partial year of continuous employment, one (1) weeks pay multiplied by the number of days of continuous employment divided by 365 (three hundred-sixty-five), to a maximum of thirty (30) week's pay.
29.06 Termination for Cause for Reasons of Incapacity
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An officer who has completed more than one (1) year of continuous employment and who is released by reason of termination for cause for reasons of incapacity pursuant to Section 12(1)(e) of the Financial Administration Act shall be paid severance pay calculated by multiplying the officer's weekly rate of pay on termination by the number of completed years of continuous employment to a maximum of twenty-eight (28) years less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer.
29.07 Rejection on Probation
An officer with more than one (1) year of continuous employment who ceases to be employed for reasons of rejection during his/her probationary period shall be paid severance pay calculated by multiplying the officer's weekly rate of pay on rejection during probation by the number of completed years of continuous employment to a maximum of twenty-seven (27) years less any period within that period of continuous employment in respect of which the officer was granted a termination of employment benefit paid by the Employer.
29.08 Under no circumstances shall the maximum severance pay provided under this Article be pyramided.
30.01 Except as otherwise provided in Appendices "H", "I", "J" and "K", hours of work shall be designated so that officers:
30.02 Unless otherwise provided in this Article officers assigned to the Lay-Day Crewing System are subject to Appendix "H", officers assigned to the Averaging System Forty-Two (42) hours are subject to Appendix "I", officers assigned to the On-Call System Average Forty-Six Point Six (46.6) Hours are subject to Appendix "J", and all other officers are subject to Appendix "K".
30.03
30.04
30.05 The Employer may apply Appendix "I" to operations other than those presently operating under Appendix "I" upon mutual agreement being reached between the Guild and the Employer.
30.06 In this Article:
30.07 Overtime Compensation
30.08 Subject to clause 30.11, an officer is entitled to compensation at double (2) time:
30.09 Meal Allowance
30.10 Assignment of Overtime Work
Subject to the operational requirements of the service, the Employer shall make every reasonable effort to give officers who are required to work overtime as much notice as is practicable of this requirement.
30.11 An officer who holds a position identified under Appendix "G" shall only be compensated for overtime worked on a day of rest not exceeding his/her normal daily hours of work.
30.12 The overtime provisions of this Agreement shall not apply to an officer attending a training course.
30.13 An officer's designated hours of work shall not be construed as guaranteeing the officer minimum or maximum hours of work.
30.14 Compensation in cash or leave with pay
31.01 When an officer, after having completed his/her designated hours of work, has left the Employer's premises and is subsequently required to return to the Employer's premises to work overtime, the officer shall be paid the greater of:
provided that the period of overtime worked by the officer is not contiguous to the officer's designated hours of work.
31.02 When an officer is called back to work under the conditions described in paragraph 31.01, and is required to use transportation services other than normal public transportation services, the officer shall be reimbursed for reasonable expenses incurred as follows:
31.03 An officer who receives a call to duty or responds to a telephone or data line call after completing his or her work for the day and leaving his or her place of work may, at the discretion of the Employer, work at the officer's residence or at another place to which the Employer agrees, and receive compensation for time worked in accordance with the Overtime provisions. In such instances, officers shall not be entitled to the minimum compensation under clause 31.01(b).
31.04 Compensation under this Article is not to be construed as different from or additional to overtime pay, but shall be construed as establishing minimum compensation to be paid.
31.05 This Article does not apply:
32.01 If an officer is not notified prior to the commencement of the officer's designated hours of work that the officer is not required to report for duty and the officer reports for duty at the officer's designated starting time, the officer is entitled to the greater of:
32.02 This Article does not apply where an officer reports on board for sailing in accordance with the sailing time posted on the vessel's notice board or as otherwise required by the Master/Commanding Officer nor does it apply to officers holding the position of Master/Commanding Officer, Dredge Master or Chief Engineer, identified in Appendix "G".
33.01 Where an officer is required to remain on board a vessel in order to be responsible for the safety and security of that vessel to respond to situations which may endanger personnel, the vessel or equipment, the officer shall be paid three-tenths (3/10) of his/her straight-time hourly rate for each completed half (1/2) hour of security duty, except that an officer subject to Appendix "I" shall be paid one-sixth (1/6) of his/her straight-time hourly rate for each completed half (1/2) hour of security duty. Compensation earned under this Article shall be paid in accordance with Appendix "K", Overtime Compensation (g), (h) and (i).
33.02 This Article does not apply to an officer who holds a position identified in Appendix "G".
33.03 Subject to clauses 25.02 and 25.03, where an officer is required to perform security duty on a non-equipped vessel, the officer shall receive a meal allowance in the amount of six dollars ($6.00) for each eight (8) hour period or portion thereof of continuous security duty.
34.01 The parties have agreed that in cases where, as a result of technological change, the services of an officer are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the National Joint Council Work Force Adjustment Agreement concluded by the parties will apply. In all other cases, the following clauses will apply.
34.02 "Technological Change" means:
34.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on officers which might result from such changes.
34.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days written notice to the Guild of the introduction or implementation of technological change.
34.05 The written notice provided for in clause 34.04 will provide the following information:
34.06 As soon as reasonably practicable after notice is given under clause 34.04, the Employer shall consult with the Guild concerning the effects of the technological change referred to in clause 34.04 on each group of officers. Such consultation will include but not necessarily be limited to the following:
34.07 When, as a result of technological change, the Employer determines that an officer requires new skills or knowledge in order to perform the duties of his or her substantive position, the Employer will make every reasonable effort to provide the necessary training during the officer's working hours and at no cost to the officer.
35.01 Except as provided in this Article, the terms and conditions governing the application of pay to officers are not affected by this Agreement.
35.02 An officer is entitled to be paid for services rendered at the pay specified in Appendix "A", "B", "C" or "D" for the group, sub-group and level prescribed in the officer's certificate of appointment.
35.03
35.04 When an officer is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for a temporary period of at least one (1) complete working day, the officer shall be paid acting pay calculated from the date on which the officer commenced to act as if the officer had been appointed to that higher classification level for that period in which the officer acts.
35.05 If, during the term of this Agreement, a new classification standard is established and implemented by the Employer, the Employer shall before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Guild the rates of pay and the rules affecting the pay of officers on their movement to the new levels.
35.06 The pay increment period for full-time officers shall be twelve (12) months and a pay increment shall be to the next rate in the scale of rates.
35.07 The annual pay increment date for officers appointed to a position in the bargaining unit upon promotion, demotion or from outside the Public Service, shall be the anniversary date of such appointment. The anniversary date for an officer who was appointed to a position in the bargaining unit prior to September 1, 1990 shall be the anniversary of the date on which he/she received his/her last pay increment.
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35.08 The Employer will endeavour to make cash payments for overtime, acting pay and other premium payments within four (4) weeks following the end of the calendar month in which it is earned.
36.01 When a formal review of an officer's performance is made, the officer concerned shall be given an opportunity to discuss and then sign the review form in question upon its completion to indicate that its contents have been read and understood.
36.02 At the request of the Guild and with the consent of the officer, the Employer at the appropriate level shall provide the Guild with the reasons and a description of the circumstances surrounding disciplinary action taken against the officer.
36.03 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an officer, the existence of which the officer was not aware at the time of filing or within a reasonable period thereafter.
36.04 Upon written request of an officer, notice of disciplinary action which may have been placed on the personal file of the officer shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.
36.05 Upon written request of an officer, the personnel file of that officer shall be made available once per year for the officer's examination in the presence of an authorized representative of the Employer.
37.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the Public Service of officers who would otherwise become redundant because work is contracted out.
38.01 Except as specifically provided in Appendix "E", the provisions of this Agreement do not apply to Canadian Coast Guard Officer Cadets.
This Agreement may be amended by mutual consent.
40.01 When an officer is required to:
the officer shall receive, in addition to the appropriate rate of pay, an additional one (1) hours pay the officer's straight-time rate for each hour worked.
An officer is entitled to the above compensation on a prorata basis for each completed fifteen (15) minute period worked.
40.02 Supervision or inspection of duties described in clause 40.01(a), (b), (c) or (d) does not entitle an officer to the allowance specified in clause 40.01.
40.03 All of the foregoing duties must have the prior approval of the responsible manager before work is commenced.
41.01 Whenever items of clothing are supplied to officers as per the Employer's policy, or where the Employer has identified positions where the wearing of safety footwear is mandatory and the officers are in receipt of the safety footwear allowance, the officers shall wear the clothing and safety footwear whenever they are on duty in accordance with the departmental regulations.
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42.01 Agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement, and which the parties to this agreement, have endorsed after December 6, 1978, will form part of this collective agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Section 113(b) of the PSLRA.
42.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
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43.01 The provisions of this Agreement will expire on March 31, 2011.
43.02 Unless otherwise expressly stipulated, the Agreement shall become effective on the date it is signed.
44.01 Travelling Expenses on Leave or Termination
44.02 When an officer is serving on a vessel that is in refit or repair in a port other than the officer's home port for two (2) or more days preceding the officer's days of rest and is required to remain absent from the officer's home over the days of rest, the officer shall be reimbursed the cost of a ten (10) minute station-to-station long distance call at daily discount rates. The amount reimbursed shall not exceed the cost of a ten (10) minute station-to-station weekend call between the location of the officer's vessel in refit or repair and the home port of the vessel.
44.03 After seven (7) days at sea, away from the Officer's home port, and each subsequent seven (7) days away from home port, the Officer shall be provided access, off watch and subject to operational availability, to the vessel's telephone equipment to place a call to his/her home. The Officer will reimburse the department for the costs of the telephone call.
Original signed at Ottawa, this 24th day of the month of October, 2008.
Hélène Laurendeau
Marc Thibodeau
Marc Lacroix
Gary Sidock
Philip Murdock
Stephen Peck
Lise Roberge
Mike Hines
Tom Ferguson
Louis Germain
Capt. Archie A. McAllister
Mark
Boucher
Joy Thomson
Bruce Carter
Maurice Boissonneault
Greg Colbeck
Peter Corbett
Rick McGarvie
Duncan Moffat
Michel Morin
Dwayne Symes