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Article 14
Severance Pay

14.01 For the purpose of this Article, the terms:

(a) "Employer" includes any organization, service with which is included in the calculation of "continuous employment";

(b) "weekly rate of pay" means the employee's hourly rate of pay as set out in Appendix "A" multiplied by forty (40) 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 after 7 April 1971, shall be paid severance pay based on completed years of continuous employment, less any period within the period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer. 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. In the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365.

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, less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

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, less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer. In the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365.

14.05 Death

If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365, to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

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(1)(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 Rejection on Probation

An employee with two (2) or more years of continuous employment who ceases to be employed for reasons of rejection during the employee's probationary period immediately following a second or subsequent appointment shall be paid severance pay calculated by multiplying the employee's weekly rate of pay on rejection during probation by the number of completed years of continuous employment to a maximum of twenty-seven (27) years less any period within that period of continuous employment in respect of which the employee was granted a termination of employment benefit paid by the Employer.

14.08 Continuous Employment

The period of continuous employment used in the calculation of severance benefits payable to an employeeunder 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. Under no circumstances shall the maximum severance pay provided under this Article be pyramided.

Article 15
Hours of Work and Overtime

15.01 Hours of Work

(a) The hours of work shall be forty (40) hours per week and eight (8) hours per day.

(b) The workweek and workdays shall be:

(c) The first and second days of rest shall be:

15.02 The hours of work shall be scheduled as follows:

(a) the first (night) shift shall be from 2345 hours to 0815 hours with an unpaid meal period from 0345 hours to 0415 hours;

(b) the second (day) shift shall be from 0745 hours to 1615 hours with an unpaid meal period from 1200 hours to 1230 hours;

(c) the third (evening) shift shall be from 1545 hours to 0015 hours with an unpaid meal period from 1945 hours to 2015 hours.

15.03 Notwithstanding the provisions of clause 15.02, the Council recognizes the requirement for certain employees to regularly report for work and to cease work at different hours than those established in clause 15.02, and the Employer agrees to discuss with the Council such changes in working hours before implementing them.

15.04 The hours of work described in clauses 15.01 and 15.02 shall not be construed as a guarantee of a minimum or of a maximum hours of work.

15.05 An employee may be transferred from one shift to another within a workday subject to the application of clause 15.09.

15.06 Notwithstanding the provisions of clause 15.02:

(a) An employee who works on the first (night) or third (evening) shift:

For the purpose of clause 15.06(a), an employee on leave during the days referred to in clause 15.06(a) shall not be considered as breaking the consecutive workday or full workweek requirement of that clause.

For the purpose of clause 15.06(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 15.06(a)(ii) and (iii).

(b) An employee who works on the first or third shift, other than as described in 15.06(a) shall be paid at double (2) time rate for each hour so worked and no shift premium shall be paid.

Shift while on Course

(c) Notwithstanding clause 15.05 and 15.06(a) and (b), the parties recognize the need to amend shift schedules by mutual consent to accommodate training courses.

15.07 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 Council, as much notice as practicable prior to the commencement of shift work.

15.08 Overtime

The Employer will make every reasonable effort:

(a) to distribute overtime fairly among available qualified employees;

(b) to give at least four (4) hours' advance notice to employees who are required to work overtime;

(c) to keep overtime to a minimum.

15.09 Overtime Compensation

Subject to clause 15.13, overtime shall be compensated at the following rates:

(a) 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;

(b) 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 nine (9)-hour period referred to in clause 15.10.

15.10 Subject to clause 15.11, 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/her next regular scheduled shift until nine (9) hours has elapsed from the end of the previous working period unless otherwise informed by the supervisor. If, in the application of this clause, an employee works less than his/her next full shift, the employee shall, nevertheless, receive eight (8) hours' regular pay.

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

15.12 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:

(a) compensation at the applicable overtime rate for all hours worked,

or

(b) 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.

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

15.14 When management requires an employee to work through his/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 commencing within one-half (1/2)-hour immediately prior to the regular meal period or commencing within one-half (1/2)-hour of the termination of the regular meal period.

15.15

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(a) Notwithstanding the provisions of clauses 15.09 and 17.03, an employee may request, in lieu of overtime payment, compensatory leave with pay for a maximum credit equivalent to forty (40) hours straight-time pay at any one time in a fiscal year. Approval of the Employer shall not be unreasonably withheld.

(b) 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.

(c) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.

(d) Accumulated compensatory leave not used by March 31^st of each year shall normally be paid in cash. Such leave may by mutual agreement be carried over to the following leave year.

15.16 Rest Periods

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

15.17 Overtime Meal Allowance

(a) A meal allowance of ten dollars and fifty cents ($10.50)will be paid:

**

(b) Except as provided in clause 15.17(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 and fifty cents ($10.50) will be paid for each subsequent four (4)-hour period of overtime worked.

(c) The provisions of clauses 15.17(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 15.17(a) and (b).

15.18 Unless otherwise informed by the Employer, any employee required to work overtime shall take an unpaid meal break of not less than forty-five (45) minutes immediately following the end of his/her normal shift.

Article 16
Wash-Up Time

16.01 A schedule shall be arranged by management to allow employees time to put away tools and wash up before meal periods and before the end of each shift. Periods of five (5) minutes will be allowed for employees working at their regular work centers and longer periods will be scheduled as necessary when employees are assigned to other locations.

Article 17
Travelling

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

17.02

(a) 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.

(b) 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.

(c) When an employee travels through more than one (1) time zone, computation will be made as if he or she 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.

17.03 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:

(a) 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 fifteen (15) hours' straight time;

(b) on a normal workday in which the employee travels and works:

(c) on a rest day on which the employee travels and works, at the applicable overtime rate:

(d) notwithstanding the limitations stated in Article 17.03(a), (b) and (c), where an employee travels on duty, but does not work, for more than four (4) hours between 2200 hours and 0600 hours, and no sleeping accommodation is provided, the employee shall be compensated at the applicable overtime rate for a maximum of fifteen (15) hours' straight-time pay.

17.04 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.

17.05 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.

17.06

(a) 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.).

(b) Subject to clause 17.06(a), when an employee is required to utilize service accommodation, such accommodation shall be the equivalent where available, of good commercial accommodation.

17.07 Travel Status Leave

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(a) 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 eight (8) hours of time off with pay. The employee shall be credited with eight (8) additional hours of time 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.

**

(b) The maximum number of hours off earned under this clause shall not exceed forty (40) hours in a fiscal year and shall accumulate as compensatory leave with pay.

(c) This leave with pay is deemed to be compensatory leave and is subject to paragraphs 15.15(c) and (d).

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The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars unless the employee is required to attend by the Employer.

 

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