This page has been archived.
Archived Content
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
Agreement between the Treasury Board and The Federal Government Dockyard Chargehands Association
Group: Ship Repair
(All Chargehand and Production Supervisor Employees Located on the East Coast)
Code: 663
Expiry Date: 31 March 2011
Table of Contents
**Asterisks denote changes from the previous Collective 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.
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 20th, 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:
- commencing at 23:45 and ending at 23:45 the following day for employees subject to clause 6.02(a),
- commencing at 00:00 and ending at 24:00 for employees subject to clause 6.02(b), and
- 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,
- if defined in the Public Service Labour
Relations Act, have the same meaning as given to them in that Act;
- 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.
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.
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.
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.
6.01 Hours of Work
- The hours of work shall be forty (40) hours per week and eight (8) hours per day.
- The workweek and workdays shall be:
- from Sunday 23:45 to Friday 23:45 inclusive for employees subject to clause 6.02(a),
- from Monday to Friday inclusive for employees subject to clause 6.02(b), and
- from Monday 00:15 to Saturday 00:15 inclusive for employees subject to clause 6.02(c).
- The first and second days of rest shall be:
- 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),
- Saturday and Sunday respectively for
employees subject to clause 6.02(b), and
- 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:
- the
first (night) shift shall be from 23:45 to 08:15 with an unpaid meal period
from 03:45 to 04:15;
- the
second (day) shift shall be from 07:45 to 16:15 with an unpaid meal period from
12:00 to 12:30;
- 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:
- An
employee who works on the first (night) or third (evening) shift:
- on three (3) or more consecutive workdays
within a workweek,
or
- 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
- 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).
- 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:
- to distribute overtime fairly among available
qualified employees;
- to
give at least four (4) hours' advance notice to employees who are required to
work overtime;
- to
keep overtime to a minimum.
6.09 Overtime Compensation
Subject to clause 6.13, overtime shall be compensated at the
following rates:
- 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;
- 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:
- compensation
at the applicable overtime rate for all hours worked,
or
- 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
- 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.
- 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.
- The
Employer shall grant compensatory leave at times convenient to both the
employee and the Employer.
- Accumulated
compensatory leave not used by March 31st 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
- A meal allowance of ten dollars ($10.00) will be paid:
- 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;
- to an employee who is required to work at
least three (3) hours immediately preceding the employee's normal starting
time;
- after an employee has worked an initial
period of three (3) hours overtime, for each subsequent four (4)-hour period of
overtime worked;
- 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
- 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.
- 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.
- 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).
7.01 When an employee is called back to
work overtime after he/she has left the Employer's premises:
- on a
designated paid holiday which is not an employee scheduled day of work,
or
- on
an employee's day of rest,
or
- after
the employee has completed his or her work for the day, and returns to work the
employee shall be paid the greater of:
- compensation at the applicable overtime
rate for time worked,
or
- 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.
8.01 Subject to clause 8.02, the following
days shall be designated paid holidays:
- New
Year's Day,
- Good
Friday,
- Easter
Monday,
- the
day fixed by proclamation of the Governor in Council for celebration of the
Sovereign's Birthday,
- Canada
Day,
- Labour
Day,
- the
day fixed by proclamation of the Governor in Council as a general day of
Thanksgiving,
- Remembrance
Day,
- Christmas
Day,
- Boxing
Day,
- 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
- 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,
- 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
- 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:
- holiday
pay plus double time for the first eight (8) hours of work,
- 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.
9.01 No employee shall be required by the
Employer to use his or her own car for government business.
9.02
- 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.
- 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.
- 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:
- 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.
- on a
normal workday in which the employee travels and works:
- during the employee's regular scheduled
hours of work at the straight-time rate not exceeding eight (8) hours' pay,
- at the applicable overtime rate for all
time worked outside the employee's regular scheduled hours of work,
- 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;
- on a
rest day on which the employee travels and works, at the applicable overtime
rate:
- for travel time, in an amount not exceeding
twelve (12) hours straight-time pay,
and
- for all time worked;
- 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
- 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.).
- 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
- 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.
- 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.
- 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.
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.
11.01 Vacation Year
The vacation year shall be from April 1st to
March 31st 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:
- six
decimal six seven (6.67) hours per month until the month in which the
anniversary of the employee's first (1st) year of continuous
employment occurs,
or
- ten (10)
hours per month commencing with the month in which the employee's first (1st)
anniversary of continuous employment occurs,
or
- thirteen
decimal three four (13.34) hours per month commencing with the month in which
the employee's eighth (8th) anniversary of continuous employment
occurs,
or
- 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 (16th)
anniversary of continuous employment occurs,
or
- 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 (17th)
anniversary of continuous employment occurs,
or
- sixteen
decimal six seven (16.67) hours per month commencing with the month in which
the employee's eighteenth (18th) anniversary of continuous
employment occurs,
or
- eighteen
(18) hours per month commencing with the month in which the employee's twenty-seventh
(27th) anniversary of continuous employment occurs,
or
- twenty
(20) hours per month commencing with the month in which the employee's twenty-eight
(28th) 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 1st 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 31st 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
- 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.
-
- 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.
- Carry-over of such vacation leave will be
allowed under the following circumstances:
- an employee,
subject to work requirements, was not permitted to take vacation leave,
and
- the total
amount of leave is large and cannot be used within one (1) year.
- 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 31st, 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.
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:
- the
employee satisfies the Employer of this condition in such manner and at such
time as may be determined by the Employer,
and
- 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
- 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
- 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.
13.01
- In respect of any request for leave under this Article, the employee may be required by the Employer to provide satisfactory validation of the circumstances necessitating such requests.
- A statement, written on or accompanying the leave form, signed by the employee describing the reason for the leave shall normally satisfy the requirements of clause 13.01(a), and may be used by the Employer in considering such leave requests.
13.02 Bereavement Leave With Pay
**
For the purpose of this clause, immediate family is defined
as father, mother (or alternatively stepfather, stepmother, or foster parent),
brother, sister, spouse (including common-law partner), child (including child
of common-law partner), stepchild or ward of the employee, grandparent,
grandchild, father-in-law, mother-in-law, and relative permanently residing in
the employee's household or with whom the employee permanently resides.
**
- When
a member of the employee's immediate family dies, an employee shall be entitled
to a bereavement period of five (5) consecutive calendar days. Such bereavement
period, as determined by the employee, must include the day of the memorial
commemorating the deceased or must begin within two (2) days following the
death. During such period the employee shall be paid for those days
which are not regularly scheduled days of rest for the employee. In
addition, the employee may be granted up to three (3) days' leave with pay for
the purpose of travel related to the death.
- An
employee is entitled to one (1) day's bereavement leave with pay for the
purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law
or sister-in-law.
- If,
during a period of sick leave, vacation leave or compensatory leave, an
employee is bereaved in circumstances under which he or she would have been
eligible for bereavement leave with pay under clauses 13.02(a) and 13.02(b),
the employee shall be granted bereavement leave with pay and his or her paid
leave credits shall be restored to the extent of any concurrent bereavement
leave with pay granted.
- It
is recognized by the parties that the circumstances which call for leave in
respect of bereavement are based on individual circumstances. On request, the
deputy head of a department may, after considering the particular circumstances
involved, grant leave with pay for a period greater than that provided for in
clauses 13.02(a) and 13.02(b).
13.03 Court Leave With Pay
The Employer shall grant leave with pay to an employee,
other than an employee on leave without pay, or under suspension for the period
of time his presence is required during his scheduled hours of work:
- to
be available for jury selection;
- to
serve on a jury;
- by
subpoena or summons to attend as a witness in any proceedings, except one to
which an employee is a party, held:
- in or under the authority of a court of
justice or before a grand jury,
- before a court, judge, justice magistrate
or coroner,
- before the Senate or House of Commons of
Canada or a committee of the Senate or House of Commons otherwise than in the
performance of the duties of the employee's position,
- before a legislative council, legislative
assembly or house of assembly, or any committee thereof that is authorized by
law to compel the attendance of witnesses before it,
or
- before an arbitrator or umpire or a person
or body of persons authorized by law to make an inquiry and to compel the
attendance of witnesses before it;
or
- to
appear on his or her own behalf or, when operational requirements permit, as a
witness, before an adjudicator appointed by the Public Service Labour Relations
Board.
13.04 Injury-on-Duty Leave With Pay
An employee shall be granted injury-on-duty leave with pay
for such reasonable period as may be determined by the Employer where a claim
has been made pursuant to the Government
Employees Compensation Act, and a Worker's Compensation authority has
notified the Employer that it has certified that the employee is unable to work
because of:
- personal
injury accidentally received in the performance of the employee's duties and
not caused by the employee's wilful misconduct,
or
- an
industrial illness arising out of and in the course of the employee's
employment;
if the employee agrees to remit to the Receiver General for
Canada any amount received by him/her in compensation for loss of pay resulting
from or in respect of such injury or illness, providing however, that such
amount does not stem from a personal disability policy for which the employee
or the employee's agent has paid the premium.
13.05 Maternity Leave without Pay
- An employee who becomes pregnant shall, upon request, be granted maternity
leave without pay for a period beginning before, on or after the termination
date of pregnancy and ending not later than eighteen (18) weeks after the
termination date of pregnancy.
- Notwithstanding paragraph (a):
- where the employee has not yet proceeded on
maternity leave without pay and her newborn child is hospitalized,
or
- where the employee has proceeded on
maternity leave without pay and then returns to work for all or part of the
period during which her newborn child is hospitalized,
the
period of maternity leave without pay defined in paragraph (a) may be extended
beyond the date falling eighteen (18) weeks after the date of termination of
pregnancy by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on maternity leave, to a
maximum of eighteen (18) weeks.
- The extension described in paragraph (b) shall end not later than fifty-two (52)
weeks after the termination date of pregnancy.
- The Employer may require an employee
to submit a medical certificate certifying pregnancy.
- An employee who has not commenced maternity leave without pay may elect to:
- use earned vacation and compensatory leave
credits up to and beyond the date that her pregnancy terminates;
- use her sick leave credits up to and
beyond the date that her pregnancy terminates, subject to the provisions set
out in Article 12 Sick Leave. For purposes of this subparagraph, the terms "illness"
or "injury" used in Article 12 Sick Leave, shall include medical disability
related to pregnancy.
- An employee shall inform the Employer in writing of her plans for taking leave
with and without pay to cover her absence from work due to the pregnancy at
least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there
is a valid reason why the notice cannot be given.
- Leave granted under this clause shall be counted for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service" for the
purpose of calculating vacation leave. Time spent on such leave shall be counted
for pay increment purposes.
13.06 Maternity
Allowance
- An employee who has been granted maternity leave without pay shall be paid a
maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), provided
that she:
- has completed six (6) months of continuous
employment before the commencement of her maternity leave without pay,
- provides the Employer with proof that she
has applied for and is in receipt of maternity benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
- has signed an agreement with the Employer
stating that:
- she will return to work on the expiry date of her maternity leave without pay
unless the return to work date is modified by the approval of another form of
leave;
- following her return to work, as described in section (A), she will work for a
period equal to the period she was in receipt of maternity allowance;
- should she fail to return to work in accordance with section (A), or should she
return to work but fail to work for the total period specified in section (B),
for reasons other than death, lay-off, early termination due to lack of work or
discontinuance of a function of a specified period of employment that would
have been sufficient to meet the obligations specified in section (B), or
having become disabled as defined in the
Public Service Superannuation Act, she will be indebted to the Employer for
an amount determined as follows:
however, an employee whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
her new period of employment is sufficient to meet the obligations specified in
section (B).
- For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Maternity allowance payments made in accordance with the SUB Plan will consist
of the following:
- where an employee is subject to a waiting
period of two (2) weeks before receiving Employment Insurance maternity
benefits, ninety-three per cent (93%) of her weekly rate of pay and the
recruitment and retention "terminable allowance" for each week of the waiting
period, less any other monies earned during this period,
and
- for each week that the employee receives a
maternity benefit under the Employment Insurance or the Québec Parental
Insurance Plan, she is eligible to receive the difference between ninety-three
per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable
allowance" and the maternity benefit, less any other monies earned during this
period which may result in a decrease in her maternity benefit to which she
would have been eligible if no extra monies had been earned during this period.
- At the employee's request, the payment referred to in subparagraph 13.06(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance or Québec
Parental Insurance Plan maternity benefits.
- The maternity allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee will not be reimbursed for any amount
that she may be required to repay pursuant to the Employment Insurance Act or
the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity leave without pay,
- for an employee who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6)
month period preceding the commencement of maternity leave, the rate obtained
by multiplying the weekly rate of pay in subparagraph (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight time
earnings the employee would have earned working full-time during such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate and the
recruitment and retention "terminable allowance" to which the employee is
entitled for her substantive level to which she is appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of maternity leave without pay an
employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate and the recruitment and retention "terminable
allowance" she was being paid on that day.
**
- Where an employee becomes eligible for a pay increment or pay revision that
would increase the maternity allowance, the allowance shall be adjusted
accordingly.
- Maternity allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
13.07 Special
Maternity Allowance for Totally Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 13.06(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving
Employment Insurance or Québec Parental Insurance Plan maternity benefits;
and
- has
satisfied all of the other eligibility criteria specified in subparagraph 13.06(a),
other than those specified in sections (A) and (B) of subparagraph 13.06(a)(iii);
shall
be paid, in respect of each week of maternity allowance not received for the
reason described in subparagraph 13.07(a)(i), the difference between ninety-three
per cent (93%) of her weekly rate of pay and recruitment and retention "terminable
allowance", and the gross amount of her weekly disability benefit under the DI
Plan, the LTD Plan or via the Government
Employees Compensation Act.
- An employee shall be paid an allowance under this clause and under clause 13.06
for a combined period of no more than the number of weeks during which she
would have been eligible for maternity benefits under the Employment Insurance
or the Québec Parental Insurance Plan had she not been disqualified from
Employment Insurance or Québec Parental Insurance Plan maternity benefits for
the reasons described in subparagraph 13.07(a)(i).
13.08 Parental
Leave without Pay
- Where
an employee has or will have the actual care and custody of a new-born child
(including the new-born child of a common-law partner), the employee shall,
upon request, be granted parental leave without pay for a single period of up
to thirty-seven (37) consecutive weeks in the fifty-two (52) week period
beginning on the day on which the child is born or the day on which the child
comes into the employee's care.
- Where an employee commences legal proceedings under the laws of a province to
adopt a child or obtains an order under the laws of a province for the adoption
of a child, the employee shall, upon request, be granted parental leave without
pay for a single period of up to thirty-seven (37) consecutive weeks in the
fifty-two (52) week period beginning on the day on which the child comes into
the employee's care.
- Notwithstanding paragraphs (a) and (b) above, at the request of an employee and
at the discretion of the Employer, the leave referred to in the paragraphs (a)
and (b) above may be taken in two periods.
- Notwithstanding paragraphs (a) and
(b):
- where the employee's child is hospitalized
within the period defined in the above paragraphs, and the employee has not yet
proceeded on parental leave without pay,
or
- where the employee has proceeded on
parental leave without pay and then returns to work for all or part of the
period during which his or her child is hospitalized,
the
period of parental leave without pay specified in the original leave request
may be extended by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on parental leave. However,
the extension shall end not later than one hundred and four (104) weeks after
the day on which the child comes into the employee's care.
- An employee who intends to request parental leave without pay shall notify the
Employer at least four (4) weeks in advance of the commencement date of such
leave.
- The Employer may:
- defer the commencement of parental leave
without pay at the request of the employee;
- grant the employee parental leave without
pay with less than four (4) weeks' notice;
- require an employee to submit a birth
certificate or proof of adoption of the child.
- Leave granted under this clause shall count for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service" for the
purpose of calculating vacation leave. Time spent on such leave shall count for
pay increment purposes.
13.09 Parental
Allowance
- An employee who has been granted parental leave without pay, shall be paid a
parental allowance in accordance with the terms of the Supplemental Unemployment
Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
- has completed six (6) months of continuous
employment before the commencement of parental leave without pay,
- provides
the Employer with proof that he or she has applied for and is in receipt of
parental, paternity or adoption benefits under the Employment Insurance or the
Québec Parental Insurance Plan in respect of insurable employment with the
Employer,
and
- has signed an agreement with the Employer
stating that:
- the employee will return to work on the expiry date of his/her parental leave
without pay, unless the return to work date is modified by the approval of
another form of leave;
- following his or her return to work, as described in section (A), the employee
will work for a period equal to the period the employee was in receipt of the
parental allowance, in addition to the period of time referred to in section 13.06(a)(iii)(B),
if applicable;
- should he or she fail to return to work in accordance with section (A) or
should he or she return to work but fail to work the total period specified in
section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of employment
that would have been sufficient to meet the obligations specified in section (B),
or having become disabled as defined in the
Public Service Superannuation Act, he or she will be indebted to the
Employer for an amount determined as follows:
however, an employee whose specified period of
employment expired and who is rehired in any portion of the Core Public Administration
as specified in the Public Service Labour Relations Act within a period
of ninety (90) days or less is not indebted for the amount if his or her new
period of employment is sufficient to meet the obligations specified in section
(B).
- For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Parental Allowance payments made in accordance with the SUB Plan will consist
of the following:
- where an employee is subject to a waiting
period of two (2) weeks before receiving Employment Insurance parental
benefits, ninety-three per cent (93%) of his/her weekly rate of pay and the
recruitment and retention "terminable allowance", for each week of the waiting
period, less any other monies earned during this period;
- for each week the employee receives
parental, adoption or paternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan, he or she is eligible to receive the difference
between ninety-three per cent (93%) of his or her weekly rate of pay and the
recruitment and retention "terminable allowance" and the parental, adoption or
paternity benefit, less any other monies earned during this period which may
result in a decrease in his/her parental, adoption or paternity benefit to which
he or she would have been eligible if no extra monies had been earned during
this period;
- where an employee has received the full
eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of
parental benefit under the Québec Parental Insurance Plan and thereafter
remains on parental leave without pay, she is eligible to receive a further
parental allowance for a period of two (2) weeks, ninety-three per cent (93%)
of her weekly rate of pay and the recruitment and retention "terminable
allowance" for each week, less any other monies earned during this period.
- At the employee's request, the payment referred to in subparagraph 13.09(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance or Québec
Parental Insurance Plan parental benefits.
- The parental allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee will not be reimbursed for any amount
that he or she is required to repay pursuant to the Employment Insurance Act
or the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity or parental leave without pay;
- for an employee who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6)
month period preceding the commencement of maternity or parental leave without
pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i)
by the fraction obtained by dividing the employee's straight time earnings by
the straight time earnings the employee would have earned working full-time
during such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate and the
recruitment and retention "terminable allowance" to which the employee is
entitled for the substantive level to which she or he is appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of parental leave without pay an
employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate and the recruitment and retention "terminable
allowance", the employee was being paid on that day.
**
- Where an employee becomes eligible for a pay increment or pay revision that
would increase the parental allowance, the allowance shall be adjusted
accordingly.
- Parental allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
**
- The maximum combined shared maternity and parental allowances payable under
this collective agreement shall not exceed fifty-two (52) weeks for each
combined maternity and parental leave without pay.
13.10 Special
Parental Allowance for Totally Disabled Employees
- An employee who:
- fails to satisfy the eligibility
requirement specified in subparagraph 13.09(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term
Disability (LTD) Insurance portion of the Public Service Management Insurance
Plan (PSMIP) or via the Government
Employees Compensation Act prevents the employee from receiving Employment
Insurance or Québec Parental Insurance Plan benefits;
and
- has satisfied all of the other eligibility
criteria specified in subparagraph 13.09(a), other than those specified in
sections (A) and (B) of subparagraph 13.09(a)(iii);
shall
be paid, in respect of each week of benefits under the parental allowance not
received for the reason described in subparagraph 13.10(a)(i), the difference
between ninety-three per cent (93%) of the employee's rate of pay and the
recruitment and retention "terminable allowance", and the gross amount of his
or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
- An employee shall be paid an allowance under this clause and under clause 13.09
for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental, paternity or adoption benefits
under the Employment Insurance or the Québec Parental Insurance Plan, had the
employee not been disqualified from Employment Insurance or Québec Parental
Insurance Plan benefits for the reasons described in subparagraph 13.10(a)(i).
**
13.11 Leave Without Pay for the Care of
Immediate Family
- Both parties recognize the importance of
access to leave for the purpose of care for the immediate family.
- For the purpose of this article, family is
defined as spouse (or common-law partner), children (including foster children
or children of legal or common-law partner), parents (including stepparents or
foster parents) or any relative permanently residing in the employee's
household or with whom the employee permanently resides.
- Subject to clause 13.11(b), an employee shall
be granted leave without pay for the Care of Immediate Family in accordance
with the following conditions:
- an employee
shall notify the Employer in writing as far in advance as possible but not less
than four (4) weeks in advance of the commencement date of such leave, unless,
because of urgent or unforeseeable circumstances, such notice cannot be given;
- leave granted
under this clause shall be for a minimum period of three (3) weeks;
- the total
leave granted under this article shall not exceed five (5) years during an employee's
total period of employment in the Public Service;
- leave granted
for a period of one (1) year or less shall be scheduled in a manner which
ensures continued service delivery;
- notwithstanding
clause 13.11(b) and paragraph 13.11(c)(ii) above, an employee who provides the
Employer with proof that he or she is in receipt of or awaiting Employment
Insurance (EI) Compassionate Care Benefits may be granted leave for periods of
less than three (3) weeks while in receipt of or awaiting these benefits;
- leave granted
under this clause may exceed the five (5) year maximum provided in paragraph (c)
above only for the periods where the employee provides the Employer with proof
that he or she is in receipt of or awaiting Employment Insurance (EI)
Compassionate Care Benefits.
- An employee who has proceeded on leave
without pay may change his or her return to work date if such change does not
result in additional costs to the Employer.
- All leave granted under Leave Without Pay
for the Long-Term Care of a Parent or under Leave Without Pay for the Care and
Nurturing of Pre-School Age Children will not count towards the
calculation of the maximum amount of time allowed for Care of Immediate Family
during an employee's total period of employment in the Public Service.
13.12 Leave Without Pay
for Relocation of Spouse
- At
the request of an employee, leave without pay for a period up to one (1) year
shall be granted to an employee whose spouse is permanently relocated and up to
five (5) years to an employee whose spouse is temporarily relocated.
- Leave
without pay granted under this clause shall be deducted from the calculation of
"continuous employment" for the purpose of calculating severance pay and
vacation leave for the employee involved except where the period of such leave
is less than three (3) months.
13.13 Leave With Pay for
Family-Related Responsibilities
**
- For the purpose of this clause,
family is defined as spouse (or common-law partner), children (including
children of legal or common-law partner), parents (including stepparents or
foster parents), or any relative residing in the employee's household or with
whom the employee permanently resides.
- Leave
with pay shall be granted under the following circumstances:
- an employee requesting leave under this
provision must make every reasonable effort to schedule medical or dental
appointments for family members to minimize or preclude the employee's absence
from work, and must notify his or her supervisor of the appointment as far in
advance as possible. However, when alternate arrangements are not possible an
employee shall be granted, subject to urgent work requirements, up to one day
of leave for an appointment to take a family member as defined in clause 13.13(a),
for a medical or dental appointment when the family member is incapable of
attending the appointment by himself/herself, or for appointments with
appropriate authorities in schools or adoption agencies;
- leave with pay to provide for the
immediate and temporary care of a sick family member and to provide an employee
with time to make alternate care arrangements where the illness is of a longer
duration;
- two (2) day's leave with pay for needs
directly related to the birth or to the adoption of the employee's child. This
leave may be divided into two (2) periods and granted on separate days;
- up to five (5) days' marriage leave for
the purpose of getting married provided that the employee gives the Employer at
least five (5) days' notice.
- The
total leave with pay which may be granted under sub-clause (b)(i), (ii) and
(iii) shall not exceed five (5) days in a fiscal year.
13.14 Volunteer Leave
- Subject to operational requirements
as determined by the Employer and with an advance notice of at least five (5)
working days, the employee shall be granted, in each fiscal year, one (1) day
of leave with pay to work as a volunteer for a charitable or community
organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;
- The
leave will be scheduled at times convenient both to the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leave at such time as the employee may request.
13.15 Leave With or Without Pay for Other
Reasons
- At
its discretion, the Employer may grant leave with or without pay for purposes
other than those specified in this Agreement.
- Personal Leave
- Subject
to operational requirements as determined by the Employer and with an advance
notice of at least five (5) working days, the employee shall be granted, in
each fiscal year, one (1) day of leave with pay for reasons of a personal
nature.
- The
leave will be scheduled at times convenient to both the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such time as the employee may request.
14.01 For the purpose of this Article,
the terms:
- "Employer"
includes any organization, service with which is included in the calculation of
"continuous employment";
- "weekly
rate of pay" means the employee's annual rate of pay divided by 52.176 applying
to the employee's classification, as shown in the instrument of appointment.
14.02 Lay-Off
An employee with one (1) or more years of continuous
employment who is laid off shall be paid severance pay based on completed years
of continuous employment. It shall be calculated at the rate of two (2) weeks'
pay for the first year of continuous employment and one (1) week's pay for each
succeeding completed year of continuous employment on the first lay-off and one
(1) week's pay for each completed year of continuous employment on a subsequent
lay-off.
14.03 Resignation
An employee who has ten (10) or more years of continuous
employment on resignation shall be paid severance pay calculated by multiplying
half the employee's weekly rate of pay on resignation by the number of
completed years of continuous employment to a maximum of twenty-six (26) years.
14.04 Retirement
An employee who is entitled to an immediate annuity or an
immediate annual allowance under the Public
Service Superannuation Act, or who has five (5) years of continuous employment
and who has attained the age of fifty-five (55) years and has resigned, shall
be paid severance pay calculated by multiplying the employee's weekly rate of
pay on termination of employment by the number of completed years of continuous
employment to a maximum of thirty (30) years.
14.05 Death
Regardless of any other payment to an employee's
estate, if the employee dies there shall be paid to the estate, severance pay
calculated by multiplying the employee's weekly rate of pay at the time of
death by the number of completed years of continuous employment to a maximum of
thirty (30) years.
14.06 Termination for Cause for Reasons of
Incapacity
When an employee ceases to be employed by reason of
termination for cause for reason of incapacity pursuant to Section 12(l)(e) of
the Financial Administration Act, one
week's pay for each complete year of continuous employment with a maximum
benefit of twenty-eight (28) weeks.
14.07 Continuous
Employment
The period of continuous employment used in the
calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous
employment in respect of which the employee was already granted any type of
termination benefit by the Public Service, a Federal Crown Corporation, the
Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances
shall the maximum severance pay provided under this Article be pyramided.
15.01 Upon written request, an employee
shall be given a copy of his or her current position analysis schedule (PAS).
16.01 The Employer shall make all
reasonable provisions for the occupational safety and health of employees. The
Employer will welcome suggestions on the subject from the Association and the
parties undertake to consult with a view to adopting and expeditiously carrying
out reasonable procedures and techniques designed or intended to prevent or
reduce the risk of employment injury. The Association agrees to encourage its
members to observe and promote all safety rules and to use all appropriate
protective equipment and safeguards.
17.01 Both parties recognize the overall
advantages of technological change, as well as the effects that its
introduction sometimes has on specific individuals when such change results in
loss of jobs. Therefore, both parties shall encourage and promote improvements
in production and moreover, will cooperate to find ways of reducing, and if
possible, eliminating the loss of employment which may be the direct result of
any major improvements.
17.02 Recognizing the nature of the Fleet
Maintenance Facility Cape Scott's operations, the Employer will provide one
hundred and twenty (120) days' advance notice, whenever possible, of the
introduction or implementation of technological change when it may result in
significant change in the employment status or working conditions of employees.
17.03 The Employer agrees to consult with
the Association with a view to resolving problems which may arise as a result
of the introduction of such technological change.
17.04 The Association shall be informed in
advance of all training courses related to technological change and, except
when prevented by unforeseen circumstances or short notice, the Employer agrees
to display in appropriate locations notices of forthcoming job-related training
courses. Management will consult with the Association when establishing
training criteria for such courses.
18.01 An employee who is regularly
scheduled to work third (evening) or first (night) shift shall be paid a shift
premium of:
- one-seventh
(1/7) of the employee's basic hourly rate of pay for each hour worked on third
(evening) shift,
and
- one-seventh
(1/7) of the employee's basic hourly rate of pay for each half-hour worked on
the first (night) shift.
19.01 An employee who suffers loss of clothes or
personal effects will be compensated in accordance with Order-in-Council PC-1991-8/1695.
19.02 Where an employee is assigned to duty
aboard a ship and suffers loss of clothing or personal effects (those which can
reasonably be expected to accompany the employee aboard the ship) because of a
marine accident or disaster, the employee shall be reimbursed the value of
those articles up to a maximum of three thousand dollars ($3,000) based on
replacement cost less the usual rate of depreciation.
19.03 An employee or the employee's estate
making a claim under this Article shall submit to the Employer reasonable proof
of such loss, and shall submit a signed affidavit listing the individual items
and values claimed.
20.01 The Employer agrees to continue its
present practice of supplying tools where it considers them necessary, and such
tools shall remain the property of the Employer.
20.02 An employee who through neglect or
negligence destroys or loses any of the tools issued to the employee by the
Employer shall be held responsible for such damage or loss based on replacement
cost less the usual rate of depreciation.
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
- 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.
- 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:
- 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.
- Association
officers and/or stewards shall inform their supervisor before leaving their
work to attend prearranged meetings with local management.
- 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.
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.
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.
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:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate level,
and
- provide
the employee with a receipt stating the date on which the grievance was
received by the Employer.
24.08 Presentation of grievance
- Subject
to subsections (2) to (7), an employee is entitled to present an individual
grievance if he or she feels aggrieved
- by the interpretation or application, in
respect of the employee, of
- 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
- a provision of
a collective agreement or an arbitral award;
or
- as a result of any occurrence or matter
affecting his or her terms and conditions of employment.
- 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.
- Despite
subsection (2), an employee may not present an individual grievance in respect
of the right to equal pay for work of equal value.
- 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.
- 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.
- 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.
- 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:
- Level
1 - first (1st)
level of management;
- Levels
2 and 3 where such level or levels are established in Departments or Agencies -
intermediate level(s);
- 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
- 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.
- 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 (1st)
level of the procedure in the manner prescribed in clause 24.07, not later than
the twenty-fifth (25th) 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
(1st)
level either:
- 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
- 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
- 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:
- the interpretation or application in
respect of the employee of a provision of a collective agreement or an arbitral
award;
- a disciplinary action resulting in
termination, demotion, suspension or financial penalty;
- 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,
- 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.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in subsection
(2).
- Nothing
in subsection (1) above is to be construed or applied as permitting the
referral to adjudication of an individual grievance with respect to
- any termination of employment under the Public
Service Employment Act;
or
- 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:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate level,
and
- provide
the Association with a receipt stating the date on which the grievance was
received by the Employer.
24.25 Presentation of Group Grievance
- 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.
- 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.
- The
group grievance must relate to employees in a single portion of the federal
public administration.
- 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.
- Despite
subsection (4), the Association may not present a group grievance in respect of
the right to equal pay for work of equal value.
- 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.
- 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.
- 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:
- Level
1 - first (1st)
level of management;
- Levels
2 and 3 where such level or levels are established in Departments or Agencies -
intermediate level(s);
- 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 (1st)
level of the procedure in the manner prescribed in clause 24.24, no later than
the twenty-fifth (25th) 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 (1st) level either:
- 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
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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 (25th)
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
- A
party that presents a policy grievance may refer it to adjudication.
- 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.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in subsection
(2).
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.
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:
- accident
prevention;
- productivity;
- leave
administration;
- training; and
- contracting
out.
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.
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.
29.01 When a formal review of an employee's performance is made, the employee concerned shall be given an opportunity to discuss and then sign the review form in question to indicate that its contents have been read and understood. A copy of the completed review form will be provided to the employee.
29.02 Upon written request of an employee, the personnel file of that employee shall be made available once per year for the employee's examination in the presence of an authorized representative of the Employer.
30.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.
30.02
- The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.
- Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of the collective agreement, the following shall apply:
- "retroactive period", for the purpose of
sub-clause 30.02(b)(ii) to (v), means the period from the revision up to and
including the day before the day the collective agreement is signed or when an
arbitral award is rendered therefore;
- a retroactive upward revision in rates of
pay shall apply to employees, former employees or in the case of death, the
estates of former employees who were employees in the group during the
retroactive period;
- for initial appointments made during the
retroactive period, the rate of pay selected in the revised rates of pay is the
rate which is immediately below the rate of pay being received prior to the
revision;
- for promotions, demotions, deployments,
transfers or acting situations effective during the retroactive period, the
rate of pay shall be recalculated, in accordance with the Public Service
Terms and Conditions of Employment Regulations, using the revised rates of
pay. If the recalculated rate of pay is less than the rate of pay the employee
was previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the range,
the new rate shall be the rate of pay immediately below the rate of pay being
received prior to the revision;
- no payment or no notification shall be made
pursuant to paragraph 30.02(b) for one dollar ($1.00) or less.
30.03 An employee is entitled to be paid
for services rendered at the rate of pay specified in Appendix "A" for the
classification of the position to which he is appointed.
30.04 Acting Pay
When an employee is required by the Employer to perform
substantially the duties of a higher classification level on an acting basis
and performs those duties for at least one (1) working day, the employee shall
be paid acting pay from the date on which the employee commenced to act for the
period in which the employee acts as if the employee had been appointed to that
higher classification level.
30.05 When an employee is temporarily
required by the Employer to perform the duties of a classification in the
bargaining unit with a lower rate of pay than the employee is receiving, the
employee shall continue to hold the employee's higher classification and be
paid at the rate for that classification.
The provision of this clause shall not apply to an employee
on "lay-off" as defined in clause 2.01.
30.06 An employee who was receiving a
holding rate of pay on the effective date of this Agreement shall continue to
receive that rate of pay until such time as there is a rate for the employee's
classification level which is equal to or higher than the employee's holding
rate. At that time, the employee will be paid the rate which is equal to or
higher than the employee's holding rate.
30.07 Payments made as a result of clause 30.05
shall not change the holding rates of pay or the holding scale of rates to
which an employee is entitled.
30.08 If, during the term of this
Agreement, a new classification standard is established, and new rates of pay
are applied, any disagreement between the parties arising out of the new rates
of pay shall be subject to negotiation.
31.01 This Agreement may be amended by
mutual consent.
32.01 Unless otherwise expressly
stipulated, the provisions of this Collective Agreement shall become effective
on the date it is signed.
32.02 This Collective Agreement shall
expire on March 31, 2011.
Signed at Ottawa, this 4th day of the month of September 2008.
The Treasury Board of Canada
Original signed by
Hélène Laurendeau
Kevin Marchand
Shairoz Moledina
Capt(N) Gilles Hainse
Roger Barakett
LCdr J.F. Beaulieu
Norm Chouinard
Robin MacKay
Paul Reddy
Christine Dumoulin
The Federal Government Dockyard Chargehands Association
Original signed by
Thomas Denault
James M. Loveys
G. Wayne Park
Jacques Sauvé
Adrian Lohnes
Table Legend
- $) Effective April 1, 2007
- A) Effective April 1, 2008
- X) Effective September 4, 2008 - Restructure
- **B) Effective April 1, 2009
- **C) Effective April 1, 2010
*SR-CPS-1 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) April 1, 2007 |
72791 |
75703 |
79488 |
|
A) April 1, 2008 |
74465 |
77444 |
81316 |
|
X) September 4, 2008 |
74465 |
77444 |
81316 |
85382 |
B) April 1, 2009 |
75582 |
78606 |
82536 |
86663 |
C) April 1, 2010 |
76716 |
79785 |
83774 |
87963 |
* For clarification purposes SR-MGT-01 employees are paid in the SR-CPS-01 rates of pay.
Pay Notes
- The pay increment date for an employee appointed to a position in the bargaining unit on promotion, demotion or appointment from outside the Public Service, shall be the first Monday following the increment period listed below as calculated from the date of the promotion, demotion or appointment from outside the Public Service.
- The pay increment period is twelve (12) months.
Pay Adjustment Administration
- Effective April 1, 2008, all employees shall be paid in the "A" scale of rates at the rate of pay which is immediately below the employee's rate of pay.
Restructuring
- Effective September 4, 2008, all employees at the $81,316 rate of pay will move to the last rate of pay in the "X" scale of rates in Appendix "A".
List of Changes to the Agreement Between the Treasury Board and The Federal Government Dockyard Chargehands Association - Ship Repair (East Coast)
Article 13
Other Types of Leave With or Without Pay
13.02 Bereavement Leave With Pay
**
For the purpose of this clause, immediate family is defined
as father, mother (or alternatively stepfather, stepmother, or foster parent),
brother, sister, spouse (including common-law partner), child (including child
of common-law partner), stepchild or ward of the employee, grandparent,
grandchild, father-in-law, mother-in-law, and relative permanently residing in
the employee's household or with whom the employee permanently resides.
**
- When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days. Such bereavement period, as determined by the employee, must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.
13.06 Maternity Allowance
**
- Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly.
13.09 Parental Allowance
**
- Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
**
- The maximum combined shared maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks for each combined maternity and parental leave without pay.
**
13.11 Leave Without Pay for the Care of Immediate Family
- Both parties recognize the importance of
access to leave for the purpose of care for the immediate family.
- For the purpose of this article, family is
defined as spouse (or common-law partner), children (including foster children
or children of legal or common-law partner), parents (including stepparents or
foster parents) or any relative permanently residing in the employee's
household or with whom the employee permanently resides.
- Subject to clause 13.11(b), an employee shall
be granted leave without pay for the Care of Immediate Family in accordance
with the following conditions:
- an employee
shall notify the Employer in writing as far in advance as possible but not less
than four (4) weeks in advance of the commencement date of such leave, unless,
because of urgent or unforeseeable circumstances, such notice cannot be given;
- leave granted
under this clause shall be for a minimum period of three (3) weeks;
- the total
leave granted under this article shall not exceed five (5) years during an employee's
total period of employment in the Public Service;
- leave granted
for a period of one (1) year or less shall be scheduled in a manner which
ensures continued service delivery;
- notwithstanding
clause 13.11(b) and paragraph 13.11(c)(ii) above, an employee who provides the
Employer with proof that he or she is in receipt of or awaiting Employment
Insurance (EI) Compassionate Care Benefits may be granted leave for periods of
less than three (3) weeks while in receipt of or awaiting these benefits;
- leave granted
under this clause may exceed the five (5) year maximum provided in paragraph (c)
above only for the periods where the employee provides the Employer with proof
that he or she is in receipt of or awaiting Employment Insurance (EI)
Compassionate Care Benefits.
- An employee who has proceeded on leave
without pay may change his or her return to work date if such change does not
result in additional costs to the Employer.
- All leave granted under Leave Without Pay
for the Long-Term Care of a Parent or under Leave Without Pay for the Care and
Nurturing of Pre-School Age Children will not count towards the
calculation of the maximum amount of time allowed for Care of Immediate Family
during an employee's total period of employment in the Public Service.
13.13 Leave With Pay for Family-Related Responsibilities
**
- For the purpose of this clause, family is defined as spouse (or common-law partner), children (including children of legal or common-law partner), parents (including stepparents or foster parents), or any relative residing in the employee's household or with whom the employee permanently resides.
Article 22
Association Security
**
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.
**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.
24.02The 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:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate level,
and
- provide
the employee with a receipt stating the date on which the grievance was
received by the Employer.
24.08 Presentation of grievance
- Subject
to subsections (2) to (7), an employee is entitled to present an individual
grievance if he or she feels aggrieved
- by the interpretation or application, in
respect of the employee, of
- 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
- a provision of
a collective agreement or an arbitral award;
or
- as a result of any occurrence or matter
affecting his or her terms and conditions of employment.
- 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.
- Despite
subsection (2), an employee may not present an individual grievance in respect
of the right to equal pay for work of equal value.
- 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.
- 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.
- 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.
- 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:
- Level 1 - first (1st) level of management;
- Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);
- 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
- 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.
- 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 (1st)
level of the procedure in the manner prescribed in clause 24.07, not later than
the twenty-fifth (25th) 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
(1st)
level either:
- 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
- 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
- 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:
- the interpretation or application in
respect of the employee of a provision of a collective agreement or an arbitral
award;
- a disciplinary action resulting in
termination, demotion, suspension or financial penalty;
- 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,
- 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.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in subsection
(2).
- Nothing
in subsection (1) above is to be construed or applied as permitting the
referral to adjudication of an individual grievance with respect to
- any termination of employment under the Public
Service Employment Act;
or
- 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:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate level,
and
- provide
the Association with a receipt stating the date on which the grievance was
received by the Employer.
24.25 Presentation of Group Grievance
- 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.
- 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.
- The
group grievance must relate to employees in a single portion of the federal
public administration.
- 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.
- Despite
subsection (4), the Association may not present a group grievance in respect of
the right to equal pay for work of equal value.
- 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.
- 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.
- 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:
- Level
1 - first (1st)
level of management;
- Levels
2 and 3 where such level or levels are established in Departments or Agencies -
intermediate level(s);
- 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 (1st)
level of the procedure in the manner prescribed in clause 24.24, no later than
the twenty-fifth (25th) 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 (1st) level either:
- 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
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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 (25th)
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
- A
party that presents a policy grievance may refer it to adjudication.
- 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.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in subsection
(2).
**Appendix "A"
Ship Repair Chargehands and Production Supervisors - East - Annual Rates of Pay
Table Legend
- $) Effective April 1, 2007
- A) Effective April 1, 2008
- X) Effective September 4, 2008 - Restructure
- B) Effective April 1, 2009
- C) Effective April 1, 2010
*SR-CPS-1 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) April 1, 2007 |
72791 |
75703 |
79488 |
|
A) April 1, 2008 |
74465 |
77444 |
81316 |
|
X) September 4, 2008 |
74465 |
77444 |
81316 |
85382 |
B) April 1, 2009 |
75954 |
78993 |
82942 |
87090 |
C) April 1, 2010 |
77473 |
80573 |
84601 |
88832 |
* For clarification purposes SR-MGT-01 employees are paid in the
SR-CPS-01 rates of pay.
Pay Notes
- The pay increment date for an employee appointed to a position in the bargaining unit on promotion, demotion or appointment from outside the Public Service, shall be the first Monday following the increment period listed below as calculated from the date of the promotion, demotion or appointment from outside the Public Service.
- The pay increment period is twelve (12) months.
Pay Adjustment Administration
- Effective April 1, 2008, all employees shall be paid in the "A" scale of rates at the rate of pay which is immediately below the employee's rate of pay.
Restructuring
- Effective September 4, 2008, all employees at the $81,316 rate of pay will move to the last rate of pay in the "X" scale of rates in Appendix "A".
Print Specifications Profile
Title: Agreement between the Treasury Board and The Federal Government Dockyard Chargehands Association - Ship Repair
Size/Format: 8 1/2" x 11"
Number of Pages: 73 + Cover
Cover Stock: 50 LB., 100 M, Fusion Blue*
Inside Text: 20 LB., 40 M, Recycled White Bond #2
Recommended Binding: E/F Tumble Format. 2 Side Stitch (3 holes optional)
* Note: Colour is based on Canadian recycled Fusion and Rockland Cover stock.
20% post-consumer. Laser guaranteed and permanent. Distributed by Domtar and Rolland inc.
Contact:
Craig Kennedy
Client Services Section
Treasury Board of Canada Secretariat
Telephone: 613-995-2678
Facsimile: 613-995-6949
Email: kennedy.craig@fin.gc.ca