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

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Part II - Working Conditions

Article 6
Hours of Work and Overtime

6.01 Hours of Work

1. The hours of work shall be forty (40) hours per week and eight (8) hours per day.
2. The workweek and workdays shall be:
   1. from Sunday 23:45 to Friday 23:45 inclusive for employees subject to clause 6.02(a),
   2. from Monday to Friday inclusive for employees subject to clause 6.02(b), and
   3. from Monday 00:15 to Saturday 00:15 inclusive for employees subject to clause 6.02(c).
3. The first and second days of rest shall be:
   1. from Friday 23:45 to Saturday 23:45 and from Saturday 23:45 to Sunday 23:45 respectively for employees subject to clause 6.02(a),
   2. Saturday and Sunday respectively for employees subject to clause 6.02(b), and
   3. from Saturday 00:15 to Sunday 00:15 and from Sunday 00:15 to Monday 00:15 respectively for employees subject to clause 6.02(c).

6.02 The hours of work shall be scheduled as follows:

1. the first (night) shift shall be from 23:45 to 08:15 with an unpaid meal period from 03:45 to 04:15;
2. the second (day) shift shall be from 07:45 to 16:15 with an unpaid meal period from 12:00 to 12:30;
3. the third (evening) shift shall be from 15:45 to 00:15 with an unpaid meal period from 19:45 to 20:15.

6.03 Notwithstanding the provisions of clause 6.02, the Association recognizes the requirement for certain employees to regularly report for work and to cease work at different hours than those established in clause 6.02, and the Employer agrees to discuss with the Association such changes in working hours before implementing them.

6.04 The hours of work described in clauses 6.01 and 6.02 shall not be construed as a guarantee of a minimum or of a maximum hours of work.

6.05 An employee may be transferred from one shift to another within a workday subject to the application of clause 6.09.

6.06 Notwithstanding the provisions of clause 6.02:

1. An employee who works on the first (night) or third (evening) shift:
   1. on three (3) or more consecutive workdays within a workweek,
      or
   2. on the first or on the first and second workdays in a workweek following a full workweek on the first (night) or third (evening) shift,
      or
   3. on the last or on the last and next to last workdays in a workweek preceding a full workweek on the first (night) or third (evening) shift,
   shall receive a shift premium as specified in clause 18.01.
   For the purpose of clause 6.06(a), an employee on leave during the days referred to in clause 6.06(a) shall not be considered as breaking the consecutive workday or full workweek requirement of that clause.
   For the purpose of clause 6.06(a)(i), a paid holiday shall not be considered as breaking the consecutive workday requirement providing three (3) days of shift work are scheduled.
   Where shift work is scheduled for a full workweek which includes a designated paid holiday, the holiday shall not affect the requirements of a full workweek referred to in clause 6.06(a)(ii) and (iii).
2. An employee who works on the first or third shift, other than as described in 6.06(a) shall be paid at double (2) time rate for each hour so worked and no shift premium shall be paid.

6.07 The Employer will schedule shift work only when necessary. On the occasion of shift on a project the Employer will give to the employees and Association as much notice as practicable prior to the commencement of shift work.

6.08 Overtime

The Employer will make every reasonable effort:

1. to distribute overtime fairly among available qualified employees;
2. to give at least four (4) hours' advance notice to employees who are required to work overtime;
3. to keep overtime to a minimum.

6.09 Overtime Compensation

Subject to clause 6.13, overtime shall be compensated at the following rates:

1. double (2) time for all hours worked in excess of eight (8) hours in a continuous period of work or in excess of eight (8) hours in a day to a maximum of sixteen (16) hours in a continuous period of work; and for all hours worked on a day of rest to a maximum of sixteen (16) hours;
2. triple (3) time for each hour worked in excess of sixteen (16) hours in a continuous period of work or in excess of sixteen (16) hours in any twenty-four (24)-hour period, and for all hours worked by an employee who is recalled to work before the expiration of the eight (8)-hour period referred to in clause 6.10.

6.10 Subject to clause 6.11, an employee who works for a period of fifteen (15) hours or more in a twenty-four (24) hour period shall not report on his or her next regular scheduled shift until nine (9) hours has elapsed from the end of the previous working period unless otherwise informed by his or her supervisor. If, in the application of this clause, an employee works less than his or her next full shift, the employee shall, nevertheless, receive eight (8) hours' regular pay.

6.11 An employee will not work more than fifteen (15) hours in a twenty-four (24) hour period except where operational requirements dictate otherwise.

6.12 When an employee is required to report for prescheduled overtime and reports to work on a designated paid holiday which is not the employee's scheduled day of work, or on the employee's day of rest, the employee shall be paid the greater of:

1. compensation at the applicable overtime rate for all hours worked,
   or
2. compensation equivalent to four (4) hours' pay at the employee's hourly rate of pay, except that the minimum of four (4) hours' pay shall apply the first time only an employee is required to report for prescheduled overtime during a period of eight (8) hours, starting with the employee's first reporting.

6.13 An employee is entitled to overtime compensation for each completed six (6)-minute period of overtime worked by him/her.

6.14 When management requires an employee to work through his or her regular meal period, the employee shall be paid at the applicable overtime rate for the period worked therein, and the employee shall be given time off with pay to eat.

6.15

1. Notwithstanding the provisions of clauses 6.09 and 9.03, an employee may request, in lieu of overtime payment, compensatory leave with pay. Approval of the Employer shall not be unreasonably withheld.
2. 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 in the employee's substantive position on the day immediately prior to the day on which leave is taken.
3. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
4. Accumulated compensatory leave not used by March 31^st of each year shall normally be paid in cash. Such leave may by mutual agreement be carried over to the following leave year.

6.16 Rest Periods

The Employer shall schedule two (2) rest periods of ten (10) minutes each during each full shift.

6.17 Overtime Meal Allowance

1. A meal allowance of ten dollars ($10.00) will be paid:
   1. to an employee who is not advised prior to mid-shift that he/she will be required to work overtime and provided the employee works for three (3) hours, commencing not more than one (1) hour following the employee's normal quitting time;
   2. to an employee who is required to work at least three (3) hours immediately preceding the employee's normal starting time;
   3. after an employee has worked an initial period of three (3) hours overtime, for each subsequent four (4)-hour period of overtime worked;
   4. to an employee who has been recalled to work as provided in clause 7.01 for each four (4)-hour period of overtime worked; and
   5. to an employee who has been advised that he/she is required to work overtime commencing not more than one (1) hour following the normal quitting time and is subsequently advised after mid-shift that he/she is not required to work.
2. Except as provided in clause 6.17(a)(iv), an employee who works overtime on days of rest or holidays is not entitled to a meal allowance for the first eight (8) hours worked. A meal allowance of ten dollars ($10.00) will be paid for each subsequent four (4)-hour period of overtime worked.
3. The provisions of clauses 6.17(a) and (b) will not apply to employees assigned to sea trials where meals are provided without charge to the employees during periods described in clauses 6.17(a) and (b).

Article 7
Call-Back Pay

7.01 When an employee is called back to work overtime after he/she has left the Employer's premises:

1. on a designated paid holiday which is not an employee scheduled day of work,
   or
2. on an employee's day of rest,
   or
3. after the employee has completed his or her work for the day, and returns to work the employee shall be paid the greater of:
   1. compensation at the applicable overtime rate for time worked,
      or
   2. compensation equivalent to four (4) hours' pay at the straight-time rate,

provided that the period worked by the employee is not contiguous to the employee's scheduled shift and the employee was not notified of such overtime requirement prior to completing his or her last period of work.

7.02 Other than when required by the Employer to operate 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.

7.03 An employee 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 employee's residence or at another place to which the Employer agrees, and receive compensation for time worked in accordance with the Overtime Article. In such instances, employees shall not be entitled to the minimum compensation under clause 7.01(c)(ii).

7.04 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.

Article 8
Designated Paid Holidays

8.01 Subject to clause 8.02, the following days shall be designated paid holidays:

1. New Year's Day,
2. Good Friday,
3. Easter Monday,
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
5. Canada Day,
6. Labour Day,
7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
8. Remembrance Day,
9. Christmas Day,
10. Boxing Day,
11. 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 day is recognized as a provincial or civic holiday, the first Monday in August,
    and
12. one additional day when proclaimed by an Act of Parliament as a national holiday.

8.02 Clause 8.01 applies only to an employee who is entitled to pay for at least ten (10) days during the thirty (30) calendar days immediately preceding the holiday.

8.03 Holiday Falling on a Day of Rest

When a day designated as a holiday under clause 8.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's next scheduled working day or to the second scheduled work day if the employee would otherwise lose credit for the holiday.

8.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 8.03,

1. 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
2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

8.05 Compensation for Work on a Holiday

Where an employee works on a holiday the employee shall be paid at the following rates:

1. holiday pay plus double time for the first eight (8) hours of work,
2. triple time for hours worked in excess of eight (8).

8.06 Holiday Coinciding with a Day of Paid Leave

Where a day that is a designated holiday for an employee falls within a period of leave with pay, the holiday shall not count as a day of leave.

Article 9
Travelling

9.01 No employee shall be required by the Employer to use his or her own car for government business.

9.02

1. Where an employee is required by the Employer to work at a point outside the employee's headquarters area, the employee shall be reimbursed for reasonable expenses as defined by the Employer.
2. When an employee is required by the Employer to travel to points within the headquarters area, the employee shall be paid a mileage allowance or transportation expenses at the rate paid by the Employer.
3. When an employee travels through more than one (1) time zone, computation will be made as if he had remained in the time zone of the point of origin for continuous travel and in the time zone of each point of overnight stay after the first day of travel.

9.03 Where an employee is required by the Employer to travel to a point away from the employee's normal place of work, the employee shall be compensated as follows:

1. on any day on which the employee travels but does not work, at the applicable straight-time or overtime rate for the hours travelled, but the total amount shall not exceed twelve (12) hours' straight time.
2. on a normal workday in which the employee travels and works:
   1. during the employee's regular scheduled hours of work at the straight-time rate not exceeding eight (8) hours' pay,
   2. at the applicable overtime rate for all time worked outside the employee's regular scheduled hours of work,
   3. at the applicable overtime rate for all travel outside the employee's regular scheduled hours of work to a maximum of twelve (12) hours' pay at straight time in any twenty-four (24)-hour period;
3. on a rest day on which the employee travels and works, at the applicable overtime rate:
   1. for travel time, in an amount not exceeding twelve (12) hours straight-time pay,
      and
   2. for all time worked;
4. notwithstanding the limitations stated in Article 9.03(a), (b) and (c), where an employee travels on duty, but does not work, for more than four (4) hours between 22:00 and 06:00, and no sleeping accommodation is provided, the employee shall be compensated at the applicable overtime rate for a maximum of twelve (12) hours' straight-time pay.

9.04 The Employer recognizes the value of safety belts or barriers in vehicles not designed for the carrying of passengers and will endeavour to provide vehicles with such equipment for transporting employees.

9.05 When an employee dies or is injured as a result of an unscheduled flight the employee is required to undertake, the employee or the employee's estate shall be paid compensation with respect to flying accidents in accordance with the policy in force at the time the accident occurred.

9.06

1. An employee assigned to a military establishment when in travel status will not be required to make use of the establishment for accommodation and messing except where it is evident that to stay elsewhere would be inconsistent with good order and common sense (for example, certain training courses, no suitable commercial accommodation is convenient and available, etc.).
2. Subject to clause 9.06(a), when an employee is required to utilize service accommodation, such accommodation shall be the equivalent where available, of good commercial accommodation.

9.07 Travel Status Leave

1. An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one additional day off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) nights.
2. The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.
3. This leave with pay is deemed to be compensatory leave and is subject to clause 6.15.

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

Article 10
Leave - General

10.01 The amount of leave with pay credited to an employee by the Employer at the time this Agreement becomes effective, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.

10.02 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him.

10.03 An employee shall not earn leave credits under this Collective Agreement in any month for which leave has already been credited to the employee under the terms of any other Collective Agreement to which the Employer is a party or under other rules or regulations of the Employer.

10.04 An employee shall not be granted two (2) different types of leave with pay with respect to the same time.

10.05 Except as otherwise specified in this Agreement, where leave without pay for a period in excess of three (3) months is granted to an employee, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

Article 11
Vacation Leave With Pay

11.01 Vacation Year

The vacation year shall be from April 1^st to March 31^st of the following year, inclusively.

11.02 Accumulation of Vacation Leave Credits

An employee shall earn, during the vacation year, vacation leave credits at the following rates for each calendar month during which the employee receives at least ten (10) days' pay:

1. six decimal six seven (6.67) hours per month until the month in which the anniversary of the employee's first (1^st) year of continuous employment occurs,
   or
2. ten (10) hours per month commencing with the month in which the employee's first (1^st) anniversary of continuous employment occurs,
   or
3. thirteen decimal three four (13.34) hours per month commencing with the month in which the employee's eighth (8^th) anniversary of continuous employment occurs,
   or
4. fourteen decimal six seven (14.67) hours per month (for an annual total of twenty-two (22) days) commencing with the month in which the employee's sixteenth (16^th) anniversary of continuous employment occurs,
   or
5. fifteen decimal three four (15.34) hours per month (for an annual total of twenty-three (23) days) commencing with the month in which the employee's seventeenth (17^th) anniversary of continuous employment occurs,
   or
6. sixteen decimal six seven (16.67) hours per month commencing with the month in which the employee's eighteenth (18^th) anniversary of continuous employment occurs,
   or
7. eighteen (18) hours per month commencing with the month in which the employee's twenty-seventh (27^th) anniversary of continuous employment occurs,
   or
8. twenty (20) hours per month commencing with the month in which the employee's twenty-eight (28^th) anniversary of continuous employment occurs.

11.03 Entitlement to Vacation Leave With Pay

An employee is entitled to vacation leave with pay to the extent of the employee's earned credits but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.

Scheduling of Vacation Leave With Pay

11.04 Subject to clauses 11.05, 11.06 and 11.07, employees shall, subject to work requirements, normally take all their vacation leave during the vacation year in which it is earned.

11.05 The Employer shall, subject to work requirements, approve vacation leave at a time convenient to the employee.

11.06 In order to ensure that vacation leave is used in accordance with articles 11.03 and 11.04, any employee with more than ten (10) days remaining on December 1^st of that vacation year shall meet and discuss with his or her supervisor when they are going to use that portion of their leave in excess of 10 days by March 31^st of the same vacation year. If they cannot reach an agreement the Employer will schedule such leave subject to clause 11.07.

11.07 Carry-Over Provisions

1. Carry-over of total accumulated vacation leave up to and including ten (10) days either because of an employee's personal circumstances or work requirements, will be approved.
2. 1. An employee who has accumulated vacation leave is required to use, in addition to his or her annual vacation leave twenty (20) days of his or her accumulated vacation leave until all previously accumulated vacation leave is reduced to ten (10) days.
   2. Carry-over of such vacation leave will be allowed under the following circumstances:
      1. an employee, subject to work requirements, was not permitted to take vacation leave,
         and
      2. the total amount of leave is large and cannot be used within one (1) year.
3. During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of ten (10) days may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on March 31^st, of the previous vacation year.

Leave When Employment Terminates

11.08 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of days earned but unused vacation with pay to the employee's credit by the daily rate of pay (i.e. rate in effect at time of termination) to which the employee is entitled by virtue of the certificate of appointment in effect at the time of the termination of employment.

11.09 In the event of termination of employment for reasons other than death, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation leave taken by the employee, calculated on the basis of the daily rate of pay (i.e. rate in effect at time of termination) to which the employee is entitled by virtue of the certificate of appointment in effect at the time of the termination of employment.

Advance Payments

11.10 In view of special circumstances concerning this Group, the Employer agrees to issue advance payments of estimated net salary for the period of vacation requested, provided four (4) weeks' notice is received from the employee prior to the last pay day before proceeding on leave.

11.11 Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure and shall consist of an estimated two (2), three (3), four (4), five (5), or six (6) weeks' net entitlement subsequent to the last regular pay issue.

11.12 Any overpayments in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

Article 12
Sick Leave With Pay

12.01 Credits

An employee shall earn sick leave credits at the rate of one and one-quarter (1 1/4) days for each calendar month for which the employee is entitled to pay for at least ten (10) days.

12.02 Granting of Sick Leave With Pay

An employee is eligible for sick leave with pay when the employee is unable to perform his or her duties because of illness or injury provided that:

1. the employee satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer,
   and
2. the employee has the necessary sick leave credits.

12.03 Unless otherwise informed by the Employer a statement signed by the employee stating that because of illness or injury the employee was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of clause 12.02(a), if the period of leave requested does not exceed five (5) days.

12.04 An employee is not eligible for sick leave with pay during any period in which the employee is on leave without pay or under suspension.

12.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 12.02, sick leave with pay may, at the discretion of the Employer, be granted

1. for a period of up to twenty-five (25) days if the employee is awaiting a decision on an application for injury-on-duty leave,
   or
2. for a period of up to fifteen (15) days if the employee has not submitted an application for injury-on-duty leave,

subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death, the recovery of the advance from any monies owed the employee.

12.06 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not granted sick leave with pay.

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