ARCHIVED - Ship Repair (All Chargehand and Production Supervisor Employees Located on the East Coast) (SRC) (663)

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Part I - General

Article 1
Purpose of Agreement

1.01 The purpose of this Agreement is to maintain harmonious relationships between the Employer, the Association and the employees and to set forth herein the terms and conditions of employment upon which agreement has been reached through collective bargaining.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement,

"Association"

means the Federal Government Dockyard Chargehands Association (« Association »);

"bargaining unit"

means all chargehand, and production supervisor employees of the Employer in the Ship Repair Group of the Operational Category located on the east coast as described in the certificate issued by the Public Service Labour Relations Board on May 20^th, 1999 (« unité de négociation »);

"common-law partner"

in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year (« conjoint de fait »);

"continuous employment"

has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations (« emploi continu »);

"daily rate of pay"

means an employee's weekly rate of pay divided by five (5) (« taux de rémunération journalier »);

"day"

(« journée ») means a twenty-four (24)-hour period:

1. commencing at 23:45 and ending at 23:45 the following day for employees subject to clause 6.02(a),
2. commencing at 00:00 and ending at 24:00 for employees subject to clause 6.02(b), and
3. commencing at 00:15 and ending at 00:15 hours the following day for employees subject to clause 6.02(c);

"double time"

means two (2) times the straight-time rate (« tarif double »);

"employee"

means an employee as defined in the Public Service Labour Relations Act and who is a member of the Ship Repair Chargehands bargaining unit (« employé »);

"Employer"

, except as specifically provided in clause 14.01, means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board (« Employeur »);

"harbour limits"

means an East-West line of 063 degrees (true) from York Redoubt through Maughers Beach on McNabbs Island. The area north of this line constitutes the Halifax harbour area and includes Bedford Basin (« limites du port »);

"holiday pay"

means eight (8) hours' pay (« rémunération de jour férié »);

"hourly rate of pay"

means the employee's weekly rate of pay divided by forty (40) (« taux de rémunération horaire »);

"lay-off"

means an employee whose employment has been terminated because of lack of work or because of the discontinuance of a function (« personne licenciée »);

"leave"

means authorized absence from duty by an employee during the employee's regular or normal hours of work (« congé »);

"overtime"

means time worked by an employee outside of the employee's regularly scheduled hours (« travail supplémentaire »);

"pay"

means basic rates of pay as specified in Appendix "A", and does not include shift premium (« rémunération »);

"sea trials"

means trials conducted outside the harbour limits (« essais en mer »);

"straight-time rate"

means the hourly rate of pay (« taux des heures normales »);

"triple time"

means three (3) times the straight-time rate (« tarif triple »);

"weekly rate of pay"

means an employee's annual rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »).

2.02

Except as otherwise provided in this Agreement, expressions used in this Agreement,

1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in that Act;
2. if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article 3
Conflict Between Future Legislation and the Collective Agreement

3.01 If any law now in force or enacted during the term of this Agreement renders null and void any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement. The parties shall thereupon seek to negotiate substitute provisions which are in conformity with the applicable law.

3.02 In the event that there is a conflict between the contents of this Agreement and any regulation except as provided under Section 113 of the Public Service Labour Relations Act, this Agreement shall take precedence over the said regulation.

Article 4
Application

4.01 The provisions of this Agreement apply to the Association, employees and the Employer.

4.02 Both the English and French texts of this Agreement shall be official.

4.03 Unless otherwise expressly stipulated, the provisions of this Agreement apply equally to male and female employees and words imparting the masculine gender include the feminine gender.

Article 5
Managerial Responsibilities

5.01 The Association recognizes and acknowledges that the Employer has and shall retain the exclusive right and responsibility to manage its operation in all respects and it is expressly understood that all such rights and responsibilities not specifically covered or modified by this Agreement shall remain the exclusive rights and responsibilities of the Employer.

Such rights will not be exercised in a manner inconsistent with the expressed provisions of this Agreement.

5.02 This Article will not restrict the right of an employee to submit a grievance in accordance with the Public Service Labour Relations Act.

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