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

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Article 21
Association Representation

21.01 Access to Employer's Premises

The Employer agrees that accredited union representatives of the Association may have access to the Employer's premises upon notice to and the consent of the Employer. Such consent shall not be unreasonably withheld.

21.02 Appointment of Stewards

1. The Employer acknowledges the right of the Association to appoint a reasonable number of Stewards, having regard to the plan of organization, the dispersement of employees at the work place and the administrative structure implied in the grievance procedure.
2. The Association recognizes that employees who are representatives of the Association have regular duties to perform in connection with their work for the Employer.

21.03 Recognition of Association Representatives

The Employer recognizes Association officers and stewards as official chargehands representatives and will not discriminate against them because of their legitimate activities as such. The Employer will not define the disciplinary action to be taken against an Association officer or steward without first giving the Association an opportunity of making representations on the employee's behalf.

The Association shall supply a list of the names of Association officers and stewards to the Employer and shall advise the Employer of any changes thereafter.

21.04 Leave for Association Officers and/or Stewards

Subject to operational requirements:

1. Time off with pay for Association officers and/or stewards to investigate employee complaints of an urgent nature may be granted upon request to their supervisor. Such permission shall not be unreasonably denied.
2. Association officers and/or stewards shall inform their supervisor before leaving their work to attend prearranged meetings with local management.
3. Where practicable such representatives shall report back to their supervisor before resuming their normal duties.

21.05 Bulletin Boards

Reasonable space on bulletin boards, including electronic bulletin boards where available, will be made available to the Association for the posting of official notices in convenient locations determined by the Employer and the Association. Notices or other material shall require the prior approval of the Employer, except notices relating to the business affairs of the Association and social and recreational events. The Employer shall have the right to refuse the posting of any information that it considers adverse to its interests or the interests of any of its representatives.

Article 22
Association Security

22.01 The Employer shall as a condition of employment, deduct monthly an amount equivalent to regular membership dues, in a fixed amount, established by the Association according to their constitutional provisions, exclusive of any separate deduction for initiation fees, pension deductions, special assessments or arrears which may exist on the date this agreement comes into effect, from the pay of all employees of the bargaining unit.

22.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 22.01.

22.03 For the purpose of applying clause 22.01, deductions from pay for each employee in respect of each month will start with the first full calendar month of employment to the extent that earnings are available.

22.04 As soon as practicable after the signing of this Agreement, the Employer will provide the Association with an up-to-date list of all employees in the Ship Repair Chargehands bargaining unit and will provide appropriate quarterly lists of all employees who have been assigned to or have left the bargaining unit during the quarter.

**

22.05 An employee who satisfies the Association to the extent that he or she declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved. The Association will inform the Employer accordingly.

22.06 From the date of signing and for the duration of this Agreement, no employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

22.07 The amounts deducted in accordance with clause 22.01 shall be remitted by cheque to the person designated by the Association within fifteen (15) working days of the date on which the deduction is made. The cheque shall be made payable to the Association and shall be accompanied by particulars identifying each employee alphabetically and the deductions made on the employee's behalf.

22.08 The Association agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article except for any claim or liability arising out of an error committed by the Employer limited to the amount actually involved in the error.

Article 23
Illegal Strikes

23.01 The Public Service Labour Relations Act provides penalties for illegal strikes. A strike includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.

**Article 24
Grievance Procedure

24.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with section 15.0 of the NJC By-Laws.

24.02 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When the parties agree in writing to avail themselves of an informal conflict management system established pursuant to section 207 of the PSLRA, the time limits prescribed in this Grievance Procedure are suspended until either party gives the other notice in writing to the contrary.

24.03 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.

24.04 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Association Representative.

24.05 Where the provisions of clauses 24.07, 24.24 or 24.38 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

24.06 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

Individual Grievances

24.07 An employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
   and
2. provide the employee with a receipt stating the date on which the grievance was received by the Employer.

24.08 Presentation of grievance

1. Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved
   1. by the interpretation or application, in respect of the employee, of
      1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment,
         or
      2. a provision of a collective agreement or an arbitral award;
      or
   2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.
2. An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
3. Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.
4. An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.
5. An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the Employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Article.
6. An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
7. For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

24.09 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

1. Level 1 - first (1^st) level of management;
2. Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);
3. Final level: the Deputy Minister (or his equivalent) or his delegated representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.

24.10 Representatives

1. The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the title of the person so designated together with the title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.
2. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Association.

24.11 An employee may be assisted and/or represented by the Association when presenting a grievance at any level. The Association shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

24.12 An employee may present a grievance to the first (1^st) level of the procedure in the manner prescribed in clause 24.07, not later than the twenty-fifth (25^th) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to grievance.

24.13 An employee may present a grievance at each succeeding level in the grievance procedure beyond the first (1^st) level either:

1. where the decision is not satisfactory to the employee, within ten (10) days after that decision has been conveyed in writing to the employee by the Employer,
   or
2. where the Employer has not conveyed a decision to the employee within the time prescribed in clause 24.14, within twenty-five (25) days after he presented the grievance at the previous level.

24.14 The Employer shall normally reply to an employee's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.

24.15 Where an employee has been represented by the Association in the presentation of his grievance, the Employer will provide the Association with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

24.16 Where a grievance has been presented up to and including the final level in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.

24.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the employee, and, where applicable, the Association.

24.18 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply, except that the grievance may be presented at the final level only,

24.19 An employee may by written notice to his immediate supervisor or officer-in-charge withdraw a grievance.

24.20 Any employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits.

24.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his grievance or refrain from exercising his right to present a grievance, as provided in this Collective Agreement.

24.22 Reference to Adjudication

1. An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee's satisfaction if the grievance is related to:
   1. the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award;
   2. a disciplinary action resulting in termination, demotion, suspension or financial penalty;
   3. demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct,
2. When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).
4. Nothing in subsection (1) above is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to
   1. any termination of employment under the Public Service Employment Act;
      or
   2. any deployment under the Public Service Employment Act, other than the deployment of the employee who presented the grievance.

24.23 Before referring an individual grievance related to matters referred to in paragraph 24.22(1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings.

Group Grievances

24.24 The Association may present a grievance at any prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
   and
2. provide the Association with a receipt stating the date on which the grievance was received by the Employer.

24.25 Presentation of Group Grievance

1. The bargaining agent for a bargaining unit may present to the Employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award.
2. In order to present the grievance, the Association must first obtain the consent of each of the employees concerned in the form provided for by the regulations. The consent of an employee is valid only in respect of the particular group grievance for which it is obtained.
3. The group grievance must relate to employees in a single portion of the federal public administration.
4. The Association may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
5. Despite subsection (4), the Association may not present a group grievance in respect of the right to equal pay for work of equal value.
6. If an employee has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the Employer, the Association may not include that employee as one on whose behalf it presents a group grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from participating in a group grievance under this Article.
7. The Association may not present a group grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
8. For the purposes of subsection (7), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

24.26 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

1. Level 1 - first (1^st) level of management;
2. Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);
3. Final level: the Deputy Minister (or his equivalent) or his delegated representative.

Whenever there are four (4) levels in the grievance procedure, the Association may elect to waive either Level 2 or 3.

24.27 The Employer shall designate a representative at each level in the grievance procedure and shall inform the Association of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.

24.28 The Association shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

24.29 The Association may present a grievance to the first (1^st) level of the procedure in the manner prescribed in clause 24.24, no later than the twenty-fifth (25^th) day after the earlier of the day on which the aggrieved employees received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.

24.30 The Association may present a grievance at each succeeding level in the grievance procedure beyond the first (1^st) level either:

1. where the decision or offer for settlement is not satisfactory to the Association, within ten (10) days after that decision or offer for settlement has been conveyed in writing to the Association by the Employer,
   or
2. where the Employer has not conveyed a decision to the Association within the time prescribed in clause 24.31, within twenty-five (25) days after the Association presented the grievance at the previous level.

24.31 The Employer shall normally reply to the Association's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.

24.32 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the Association.

24.33 The Association may by written notice to the officer-in-charge withdraw a grievance.

24.34 Opting out of a group Grievance

1. An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the Association that the employee no longer wishes to be involved in the group grievance.
2. The Association shall provide to the representatives of the Employer authorized to deal with the grievance, a copy of the notice received pursuant to paragraph (1) above.
3. After receiving the notice, the Association may not pursue the grievance in respect of the employee.

24.35 The Association failing to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond its control, it was unable to comply with the prescribed time limits.

24.36 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Association to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

24.37 Reference to Adjudication

1. The Association may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction.
2. When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

Policy Grievances

24.38 The Employer and the Association may present a grievance at the prescribed level in the grievance procedure, and forward the grievance to the representative of the Association or the Employer, as the case may be, authorized to deal with the grievance. The party who receives the grievance shall provide the other party with a receipt stating the date on which the grievance was received by him.

24.39 Presentation of Policy Grievance

1. The Employer and the Association may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally.
2. Neither the Employer nor the Association may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act.
3. Despite subsection (2), neither the Employer nor the Association may present a policy grievance in respect of the right to equal pay for work of equal value.
4. The Association may not present a policy grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
5. For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

24.40 There shall be no more than one (1) level in the grievance procedure.

24.41 The Employer and the Association shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.

24.42 The Employer and the Association may present a grievance in the manner prescribed in clause 24.38, no later than the twenty-fifth (25^th) day after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.

24.43The Employer and the Association shall normally reply to the grievance within sixty (60) days when the grievance is presented.

24.44 The Employer or the Association, as the case may be, may by written notice to the officer-in-charge withdraw a grievance.

24.45 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Employer or the Association to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

24.46 Reference to Adjudication

1. A party that presents a policy grievance may refer it to adjudication.
2. When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

Article 25
Notice to Amend or Renew the Collective Agreement

25.01 Should either party, at the expiration of this Agreement desire amendments or alterations therein for its renewal, a written notice to that effect shall be served upon the other party in accordance with the provisions of the Public Service Labour Relations Act.

Article 26
Joint Consultation

26.01 The Employer and the Association recognize that consultation and communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive and harmonious Employer-Association relations.

26.02 It is agreed that Labour-Management meetings are an appropriate forum for consultation; that a subject for discussion may be within or without the authority of either the Management or Association representatives. In these circumstances, consultation may take place for the purpose of providing information, discussing the application of policy or air problems to promote understanding, but it is expressly understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to, or modify the terms of this Agreement.

26.03 The following matters may be regarded as appropriate subjects for joint consultation:

1. accident prevention;
2. productivity;
3. leave administration;
4. training; and
5. contracting out.

Article 27
National Joint Council Agreements

27.01 Agreements concluded by the National Joint Council (NJC) 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.

27.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreement 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.

27.03 The directives, policies or regulations as amended from time to time by National Joint Council recommendation, and which have been approved by the Treasury Board of Canada, form part of this Collective Agreement. During the term of this Collective Agreement, other directives, policies or regulations may be added.

Article 28
Recognition

28.01 The Employer recognizes the Federal Government Dockyard Chargehands Association as the exclusive bargaining agent for all Chargehands and Production Supervisors in the Ship Repair Occupational Group located on the east coast described in the certificate issued to the Association by the Public Service Labour Relations Board on the twentieth day of May, 1999.

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