ARCHIVED - Ship Repair - East (SRE)

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Article 1
Purpose of Agreement

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

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement,

(a) "annual rate of pay" means an employee's weekly rate of pay multiplied by fifty-two point one seventy-six (52.176);

(b) "bargaining unit" means all employees, other than chargehands, 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 August 20, 1976 as amended on May 12, 2000 and December 21, 2005;

(c) a "common-law spouse" relationship is said to exist when, for a continuous period of at least one year, an employee has lived with a person, publicly represented that person to be his/her spouse, and lives and intends to continue to live with that person as if that person were his/her spouse;

(d) "continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations, except that for the purpose of calculating leave and severance pay entitlements, it will not include former service in the Royal Canadian Mounted Police or the Canadian Armed Forces;

(e) "Council" means the Federal Government Dockyard Trades and Labour Council East;

(f) "daily rate of pay" means an employee's hourly rate of pay multiplied by eight (8);

(g) "day" means a twenty-four (24)-hour period:

(h) "double time" means two (2) times the straight-time rate;

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

(j) "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;

(k) "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;

(l) "holiday pay" means eight (8) hours' pay;

(m) "lay-off" means an employee whose employment has been terminated because of lack of work or because of the discontinuance of a function;

(n) "leave" means authorized absence from duty by an employee during the employee's regular or normal hours of work;

(o) "overtime" means time worked by an employee outside of the employee's regularly scheduled hours;

(p) "pay" means basic hourly rates of pay as specified in Appendix "A" and the differentials specified in Appendix "A" where applicable, and does not include shift premium;

(q) "sea trials" means trials conducted outside the harbour limits;

(r) "straight-time rate" means the hourly rate of pay;

(s) "time and one-half" means one and one-half (1 1/2) times the straight-time rate;

(t) "triple time" means three (3) times the straight-time rate;

(u) "weekly rate of pay" means an employee's hourly rate of pay multiplied by forty (40).

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

(a) if defined in the Public Service Labour Relations Act, have the same meaning as given to them in that Act;

(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article 3
Conflict between Future Legislation and the Collective Agreement

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

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

Article 4
Application

4.01 The provisions of this Agreement apply to the Council, 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 importing the masculine gender include the feminine gender.

Article 5
Managerial Responsibilities

5.01 The Council 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.

Article 6
Recognition

6.01 The Employer recognizes the Federal Government Dockyard Trades and Labour Council (East) as the exclusive bargaining agent for all employees, other than chargehands, in the Ship Repair Occupational Group located on the east coast described in the certificate issued to the Council by the Public Service Labour Relations Board on the twentieth day of August, 1976 as amended on the twelfth day of May 2000 and on the twenty-first day of December 2005.

Article 7
Union Representation

7.01 Access to Employer's Premises

The Employer agrees that accredited union representatives of the Council and its constituent unions may have access to the Employer's premises upon notice to and the consent of the Employer and such consent shall not be unreasonably withheld.

7.02 Appointment of Stewards

The Employer acknowledges the right of the Council to appoint employees as stewards.

7.03 Recognition of Council Representatives

The Employer recognizes Council officers and stewards as official union 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 a Council officer or steward without first giving the Council or the Union, as the case may be, an opportunity of making representations on his/her behalf.

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

7.04 Leave for Council Officers and/or Stewards

(a) Time off with pay for Council officers and/or stewards to investigate and process complaints of employees may be granted upon request to their supervisor. Such permission shall not be unreasonably withheld.

(b) Council officers and/or stewards shall inform their supervisor before leaving their work to attend pre-arranged meetings with local management.

(c) Where practicable such representatives shall report back to their supervisor before resuming their normal duties.

7.05 Provision of Bulletin Board Space

The Employer shall provide bulletin board space at appropriate locations in the shops for the posting of union material by the Council and its affiliates. The posting of this material shall be subject to management approval.

Article 8
Council Security

8.01 The Employer shall as a condition of employment, deduct monthly an amount equivalent to regular membership dues, in a fixed amount, established by each of the Council affiliates according to each of 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.

8.02 The Council shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 8.01.

8.03 For the purpose of applying clause 8.01, 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.

8.04 As soon as practicable after the signing of this Agreement, the Employer will provide the Council with an up-to-date list of all employees in the Ship Repair 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.

8.05 An employee who satisfies the Employer 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.

8.06 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 Council, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

8.07 The amounts deducted in accordance with clause 8.01 shall be remitted by cheque to the person designated by the Council within fifteen (15) working days of the date on which the deduction is made. The cheque shall be made payable to each Council affiliate and shall be accompanied by particulars identifying, by Council affiliate, each employee alphabetically and the deductions made on the employee's behalf.

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

Article 9
Leave - General

9.01 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.

9.02 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 or her.

9.03 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.

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

9.05 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.

9.06 Leave credits will be earned on a basis of a day being equal to eight (8) hours.

9.07 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day.

9.08

(a) When an employee becomes subject to this Agreement, the employee's earned daily leave credits shall be converted into hours on the basis of one (1) day being equal to eight (8) hours.

(b) When an employee ceases to be subject to this Agreement, the employee's earned hourly leave credits shall be converted into days on the basis of eight (8) hours being equal to one (1) day.

Article 10
Vacation Leave With Pay

10.01 Vacation Year

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

10.02 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:

(a) six decimal six seven (6.67) hours per month until the month (for an annual total of 10 days) in which the anniversary of the employee's first (1^st) year of service occurs;

or

(b) ten (10) hours per month (for an annual total of 15 days) commencing with the month in which the employee's first (1^st) anniversary of service occurs;

or

(c) thirteen decimal three four (13.34) hours per month (for an annual total of 20 days) commencing with the month in which the employee's eight (8^th) anniversary of service occurs;

or

(d) Fourteen decimal six seven (14.67) hours per month (for an annual total of 22 days) commencing with the month in which the employee's fifteenth (15^th) anniversary of service occurs;

or

(e) Fifteen decimal three four (15.34) hours per month (for an annual total of 23 days) commencing with the month in which the employee's seventeenth (17^th) anniversary of service occurs;

or

(f) Sixteen decimal six seven (16.67) hours per month (for an annual total of 25 days) commencing with the month in which the employee's eighteenth (18^th) anniversary of service occurs;

or

(g) Eighteen (18) hours per month (for an annual total of 27 days) commencing with the month in which the employee's twenty-fifth (25^th) anniversary of service occurs;

or

(h) Twenty (20) hours per month (for an annual total of 30 days) commencing with the month in which the employee's twenty-eighth (28^th) anniversary of service occurs.

(i) For the purpose of this clause only, all service within the Public Service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the Public Service within one (1) year following the date of lay-off.

10.03 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

10.04 Subject to clauses 10.05, 10.06 and 10.07, employees shall, subject to work requirements, normally take all their vacation leave during the vacation year in which it is earned.

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

10.06 In order to ensure that vacation leave is used in accordance with clauses 10.04 and 10.05, any employee with more than one hundred and twenty (120) hours on January 1^st of that fiscal year, shall meet and discuss with his or her supervisor when they are going to use the portion of their leave over the one hundred and twenty (120) hours by March 31^st of the same fiscal year. If they cannot reach an agreement, the Employer will schedule such leave.

10.07 Carry-Over Provisions

(a) An employee may carry over a maximum of one hundred and twenty (120) hours as stated in clause 10.06.

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(b) By November 1^st of each year, requests to carry over vacation leave in excess of one hundred and twenty (120) total accumulated hours, for special circumstances, must be submitted in writing by the employee stating the reasons and approximate proposed vacation dates to the supervisor. Such requests will be considered by the Leave Tribunal. For purposes of vacation leave in excess of one hundred and twenty (120) hours, examples of special circumstances are:

(c)

(d) 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 one hundred and twenty (120) hours may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on March 31^st, of the previous vacation year.

(e) When the Employer cancels or alters a period of vacation leave which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate such losses.

Leave When Employment Terminates

10.08 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.

10.09 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

10.10 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.

10.11 Providing the employee has been authorized to proceed on vacation leave for the period concerned, the Employer agrees to issue advance payments of estimated net salary for a period of two (2) or more complete weeks.

10.12 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.

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One-Time Leave Entitlement

10.13 Employees shall be credited a one-time entitlement of twenty-four (24) hours of vacation leave with pay on the first (1^st) day of the month following the anniversary of the employee's first (1^st) year of service.

 

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