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Agreement between the Treasury Board and The Federal Government Dockyard Trades and Labour Council (East)
Group: Ship Repair (East)
(all employees located on the East Coast)
Code: 611
Expiry Date: December 31, 2011
**Asterisks denote changes from the previous Collective 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.
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2.02 Except as otherwise provided in this Agreement, expressions used in this 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.
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.
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.
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.
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
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.
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.
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8.05 An employee who satisfies the Council as to the bona fides of his or her claim and 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 Council will inform the Employer accordingly.
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.
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
10.01 Vacation Year
The vacation year shall be from April 1st to March 31st 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 eighty (80) hours pay:
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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 current 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 sixty (160) hours on January 1st 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 sixty (160) hours by March 31st of the same fiscal year. If they cannot reach an agreement, the Employer will schedule such leave.
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10.07 Carry-Over Provisions
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.
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 (1st) day of the month following the anniversary of the employee's first (1st) year of service.
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10.14 Where, in respect of any period of vacation leave, an employee is granted sick leave on production of a medical certificate which includes the name, address and phone number of the attending physician, and provided that the employee satisfies the Employer of this condition if deemed necessary by the Employer, the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee and approved by the Employer or reinstated for the use at a later date. Employees are to advise the Employer as soon as possible of the illness.
11.01 Subject to clause 11.02, the following days shall be designated paid holidays:
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For greater certainty, full-time employees who do not work on a Designated Paid Holiday are entitled to eight (8) hours pay at the straight-time rate for the Designated Paid Holiday.
11.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated holiday is not entitled to pay for the holiday.
11.03 Holiday Falling on a Day of Rest
When a day designated as a holiday under clause 11.01 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.
11.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 11.03:
11.05 Compensation for Work on a Holiday
Where an employee works on a holiday the employee shall be paid at the following rates:
The compensation that the employee would have been granted as holiday pay had the employee not worked on a designated paid holiday is eight (8) hours remunerated at straight-time.
11.06 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.
12.01 Credits
An employee shall earn sick leave credits at the rate of ten (10) hours for each calendar month for which the employee is entitled to pay for at least eighty (80) hours.
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/her duties because of illness or injury provided that:
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 forty (40) hours.
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:
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
13.02 Bereavement Leave With Pay
For the purpose of this Article, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild or ward of the employee, grandchild, grandparent, father-in-law, mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently resides.
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 or her presence is required during his or her scheduled hours of work:
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:
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
13.06 Maternity Allowance
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13.07 Special Maternity Allowance for Totally Disabled Employees
13.08 Parental Leave without Pay
13.09 Parental Allowance
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13.10 Special Parental Allowance for Totally Disabled Employees
13.11 Leave Without Pay for the Care and Nurturing of Pre-School Age Children
Subject to operational requirements as determined by the Employer, an employee shall be granted leave without pay for the personal care and nurturing of the employee's pre-school age children in accordance with the following conditions:
13.12 Leave Without Pay for Family-Related Needs
Leave without pay will be granted for family-related needs, in the following manner:
13.13 Leave Without Pay for Relocation of Spouse
13.14 Leave With Pay for Family-Related Responsibilities
13.15 Leave With or Without Pay for Other Reasons
13.16 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, a single period of eight (8) hours 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 times as the employee may request.
14.01 For the purpose of this Article, the terms:
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 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. Under no circumstances shall the maximum severance pay provided under this Article be pyramided.
15.01 Hours of Work
15.02 The hours of work shall be scheduled as follows:
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 15.10.
15.06 Notwithstanding the provisions of clause 15.02:
Shift while on Course
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.
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15.08 When a Monday or Tuesday shift is scheduled, employees will be notified by the end of their shift on the preceding Friday. When a Wednesday shift is scheduled, employees will be notified by the end of their shift on the preceding Monday. When a Thursday shift is scheduled, employees will be notified by the end of their shift on the preceding Tuesday. When a Friday shift is scheduled, employees will be notified by the end of their shift on the preceding Wednesday.
15.09 Overtime
The Employer will make every reasonable effort:
15.10 Overtime Compensation
Subject to clause 15.14, overtime shall be compensated at the following rates:
15.11 Subject to clause 15.12, 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.
15.12 An employee will not work more than fifteen (15) hours in a twenty-four (24) hour period except where operational requirements dictate otherwise.
15.13 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:
15.14 An employee is entitled to overtime compensation for each completed six (6)-minute period of overtime worked by him/her.
15.15 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.
15.16
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15.17 Rest Periods
The Employer shall schedule two (2) rest periods of ten (10) minutes each during each full shift.
15.18 Overtime Meal Allowance
15.19 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.
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.
17.01 No employee shall be required by the Employer to use his/her own car for government business.
17.02
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:
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
17.07 Travel Status Leave
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.
18.01 When an employee is called back to work overtime after he/she has left the Employer's premises:
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/her last period of work.
18.02 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.
18.03 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.
19.01 In cases of alleged misinterpretation or misapplication arising out of Agreements concluded by the National Joint Council 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 of the NJC by-laws.
Individual Grievances
19.02 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:
Group Grievances
19.03 Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Council may present a group grievance to the Employer 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 the collective agreement or an arbitral award.
Policy Grievances
19.04 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Council or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award.
Grievance Procedure
19.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Council.
19.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.
19.07 The parties recognize the value of informal discussion between employees and their supervisors and between the Council and the Employer to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee or the Council, within the time limits prescribed in clause 19.15, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.
19.08 A grievor wishing 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:
19.09 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.
19.10 Subject to and as provided for in the Public Service Labour Relations Act, a grievor who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 19.08, except that:
19.11 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:
Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.
No employer representative may hear the same grievance at more than one level in the grievance procedure.
19.12 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 name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.
19.13 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 Council.
19.14 An employee may be assisted and/or represented by the Council when presenting a grievance at any level. The Council shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
19.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 19.08, not later than the twenty-fifth (25th) day after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. The Employer may present a policy grievance in the manner prescribed in clause 19.04 not later than the twenty-fifth (25th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.
19.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:
19.17 The Employer shall normally reply to a 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 where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within sixty (60) days. The Council shall normally reply to a policy grievance presented by the Employer within sixty (60) days.
19.18 Where an employee has been represented by the Council in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Council 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.
19.19 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.
19.20 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
19.21 Where the provisions of clause 19.08 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 the 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.
19.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Council representative.
19.23 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 grievor, and, where applicable, the Council.
19.24 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 shall be presented at the final level only.
19.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.
19.26 Any grievor 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 the grievor's control, the grievor was unable to comply with the prescribed time limits.
19.27 Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:
and the grievance has not been dealt with to the grievor's satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.
19.28 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of the employee of a provision of this Agreement or an Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Council signifies:
20.01 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 Council 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 Council agrees to encourage its members to observe all safety rules and to use all appropriate protective equipment and safeguards.
21.01 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.
21.02 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.
21.03 The Employer agrees to consult with the Council with a view to resolving problems which may arise as a result of the introduction of such technological change.
21.04 The Council 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 Council when establishing training criteria for such courses.
22.01 This Agreement may be amended by mutual consent.
23.01 Dirty Work
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**
23.02 Height Pay
An employee shall be paid a height pay allowance equal to twenty-five per cent (25%) of the employee's basic hourly rate of pay on a prorata basis for actual time worked:
New technology in similar circumstances will be open for discussion.
23.03 Submarine Trials
23.04 Sea Duties Aboard Surface Vessels
When an employee is required to go to sea (i.e. beyond the harbour limits) in a vessel for the purpose of conducting trials, repairing defects, dumping ammunition, etc., the employee shall be compensated, from the time he/she reports aboard until one (1) hour after reaching the harbour limits on the final return, as follows:
For the purpose of this clause, an employee is considered to be working if he/she is actually performing or assisting in the performance of the duties of the job or has received specific instructions to remain available for work at the specific location where the work is being performed.
23.05 Transfer at Sea Allowance
When an employee is required to transfer to a ship, submarine or barge (not berthed) from a helicopter, ship's boat, yardcraft or auxiliary vessel, the employee shall be paid a transfer allowance of ten dollars ($10.00) except when transferring between vessels and/or work platforms which are in a secured state to each other for the purpose of performing a specific task such as deperming. If the employee leaves the ship, submarine or barge by a similar transfer, the employee shall be paid an additional ten dollars ($10.00).
23.06 Part-time Instructor Allowance
When an employee other than a Leadhand, is required to act as a facilitator, team leader or to instruct a course on a part-time basis, the employee shall be paid, in addition to the applicable rate of pay, the Leadhand rate for the actual time the employee is performing the duties.
24.01 An employee who is regularly scheduled to work third (evening) or first (night) shift shall be paid a shift premium of:
25.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.
25.02
25.03
25.04 Delayed Progression to Next Pay Period(s) for Apprentices
When an apprentice has not worked the required nine hundred (900) hours in a six (6)-month period, the make-up time will be deducted from hours worked in the next six (6)-month period and progression to the next pay period will be paid the day after the day the nine hundred (900) hours have been worked. Thus, in that succeeding six (6)-month period, depending on the total hours to be made up, an apprentice may receive both progression to the next pay period related to make-up time and progression to the next period based on an additional nine hundred (900) hours worked.
25.05 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(m).
25.06 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.
25.07 Payments made as a result of clause 25.05 shall not change the holding rates of pay or the holding scale of rates to which an employee is entitled.
25.08 For the information of employees the assignment of jobs to sub-groups and levels shall be as described in Appendix "A".
25.09 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.
26.01 An employee who suffers loss of clothes or personal effects will be compensated in accordance with Order-in-Council PC-1991-8/1695.
26.02 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.
26.03 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.
27.01 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.
27.02 An employee who through 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.
28.01 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.
29.01 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.
30.01 The Employer and the Council recognize that consultation and communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive and harmonious Employer-Council relations.
30.02 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 Council 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.
30.03 The following matters may be regarded as appropriate subjects for joint consultation:
31.01 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.
31.02 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.
32.01 Upon written request, an employee shall be given an official statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor, and an organization chart depicting the position's place in the organization.
33.01 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.
33.02 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.
33.03 The relevant 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.
34.01 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date of signature of the Collective Agreement.
**
34.02 This Collective Agreement shall expire on December 31, 2011.
35.01 The Council and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.
35.02
35.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.
36.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Council, marital status or a conviction for which a pardon has been granted.
36.02
36.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
Education Leave Without Pay
37.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee's present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
37.02 At the Employer's discretion, an employee on education leave without pay under this article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
37.03 Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.
37.04 As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted.
If the employee:
the employee shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.
Career Development Leave With Pay
37.05
Examination Leave With Pay
37.06 At the Employer's discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee's scheduled hours of work. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his or her qualifications.
**
38.01 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Council attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days notice of such meeting.
Signed at Ottawa, this 25th day of the month of February 2011.
Hélène Laurendeau
Kevin Marchand
Capt.(N) J.R.P. Gravel
Roger Barakett
Jean-François Beaulieu
Jennifer Cruickshank
Robin MacKay
Ian Mitchell
Mélanie Sicotte
Lorne Brown
Jerome Ryan
Mike Burke
Robert Fish
Roger Foster
Paul Gaudet
Brian Lambe
Kyle Muise
Gregory Paul
Andrew Schnare
Garry Theriault
Chris Johnson - not signed
John Hutchison
I. Basic Hourly Rates of Pay
Pay Group |
Sub-Group and Level |
Descriptive Titles |
|||||
---|---|---|---|---|---|---|---|
1 | From: | $ | 20.75 | 21.59 | 22.46 | ||
To: | A | 21.06 | 21.91 | 22.80 | |||
B | 21.38 | 22.24 | 23.14 | ||||
2 | ELE-2 | Trades Helper | From: | $ | 21.76 | 22.66 | 23.57 |
To: | A | 22.09 | 23.00 | 23.92 | |||
B | 22.42 | 23.35 | 24.28 | ||||
3 | MDO-4 | Forklift Operator | From: | $ | 23.05 | 23.96 | 24.92 |
To: | A | 23.40 | 24.32 | 25.29 | |||
B | 23.75 | 24.68 | 25.67 | ||||
4 | MDO-5 | Stationary Engineer Hoisting | From: | $ | 25.63 | 26.62 | 27.70 |
Plant Operator (OEBI) and | To: | A | 26.01 | 27.02 | 28.12 | ||
Forklift | B | 26.40 | 27.43 | 28.54 | |||
5 | PRW-4 | Sail and Canvas Worker | From: | $ | 26.35 | 27.41 | 28.49 |
MAN-6 | Marine Insulator | To: | A | 26.75 | 27.82 | 28.92 | |
SPS-6 | Chemical Treatment Technician | B | 27.15 | 28.24 | 29.35 | ||
SPS-6 | Marine Treatment Finishing | ||||||
Specialist | |||||||
SPS-7 | Metal Finisher Technician | ||||||
6 | PRW-6 | Marine Survival Technician | From: | $ | 27.11 | 28.19 | 29.31 |
MAN-7 | Combination Welder | To: | A | 27.52 | 28.61 | 29.75 | |
MDO-6 | Stationary Engineer - Hoisting | B | 27.93 | 29.04 | 30.20 | ||
Plant Operator | |||||||
PIP-8 | Marine Pipefitter Coppersmith | ||||||
PRW-8 | Rigging | ||||||
SMW-8 | Sheet Metal Technician | ||||||
WOW-8 | Shipwright | ||||||
BOB-9 | Boiler & Plate Tech. | ||||||
MAC-9 | Machinist | ||||||
MAM-9 | Maintenance Mechanic (Refrig) | ||||||
7 | EEW-10 | Marine/Industrial Electrical Tech. | From: | $ | 27.39 | 28.47 | 29.63 |
EEW-10 | Electronics Repairman | To: | A | 27.80 | 28.90 | 30.07 | |
EME-10 | Marine Mechanic Tech. | B | 28.22 | 29.33 | 30.52 | ||
MAM-10 | Maintenance Mechanic | ||||||
8 | MAN-8 | Combination Welder (HP) (1) | From: | $ | 27.77 | 28.89 | 30.03 |
To: | A | 28.19 | 29.32 | 30.48 | |||
B | 28.61 | 29.76 | 30.94 | ||||
9 | From: | $ | 28.14 | 29.25 | 30.45 | ||
To: | A | 28.56 | 29.69 | 30.91 | |||
B | 28.99 | 30.14 | 31.37 | ||||
10 | From: | $ | 28.64 | 29.79 | 31.00 | ||
To: | A | 29.07 | 30.24 | 31.47 | |||
B | 29.51 | 30.69 | 31.94 | ||||
11 | EEW-11 | Electrical Systems Tech. | From: | $ | 29.09 | 30.25 | 31.49 |
MAC-11 | Precision Tool & Die Maker | To: | A | 29.53 | 30.70 | 31.96 | |
QCW-11 | Dimensional Inspection | B | 29.57 | 31.16 | 32.44 | ||
QCW-11 | Quality Control | ||||||
12 | PLE-10 | Planner & Scheduler | From: | $ | 29.41 | 30.58 | 31.80 |
INM-11 | Mech. Inst. Systems Tech. | To: | A | 29.85 | 31.04 | 32.28 | |
EEW-11 | Electronic Systems Tech. (2) | B | 30.30 | 31.51 | 32.76 | ||
Apprentices Period (3) |
|||||||
---|---|---|---|---|---|---|---|
3 | 4 | 5 | 6 | 7 | 8 | ||
From: | $ | 18.99 | 20.35 | 21.70 | 23.05 | 24.40 | 25.77 |
To: | A | 19.27 | 20.66 | 22.03 | 23.40 | 24.77 | 26.16 |
B | 19.56 | 20.97 | 22.36 | 23.75 | 25.14 | 26.55 | |
II. Supervisory Hourly Rates of Pay
The following hourly rates of pay for supervision will be paid in addition to the basic hourly rates of pay specified in (I) above:
Leadhand | From: | $ | 1.37 |
To: | A | 1.39 | |
B | 1.41 | ||
III. Salary Protected Employees
Pay Group |
Sub-Group and Level |
Descriptive Titles |
|||||
---|---|---|---|---|---|---|---|
- | Trades Training Supervisor | From: | $ | 27.39 | |||
WOW-8 | Shipwright | To: | A | 27.80 | |||
B | 28.22 | ||||||
PLE-9 | Planner-Estimator | From: | $ | 28.14 | |||
To: | A | 28.56 | |||||
B | 28.99 | ||||||
PIP-8 | Marine Pipefitter Coppersmith | From: | $ | 29.09 | |||
EME-10 | Marine Mechanic Technician | To: | X | 29.53 | |||
EEW-10 | Electrical Systems Technician | A | 29.97 | ||||
**
Self Directed Team Differential (A-1)
Base Hourly Rate | A-1 - Hourly Rate |
---|---|
1.39 | 1.55 |
1.41 | 1.57 |
19.27 | 21.47 |
19.56 | 21.79 |
20.66 | 23.02 |
20.97 | 23.36 |
21.06 | 23.46 |
21.38 | 23.82 |
21.91 | 24.41 |
22.03 | 24.54 |
22.09 | 24.61 |
22.24 | 24.78 |
22.36 | 24.91 |
22.42 | 24.98 |
22.80 | 25.40 |
23.00 | 25.62 |
23.14 | 25.78 |
23.35 | 26.01 |
23.40 | 26.07 |
23.75 | 26.46 |
23.92 | 26.65 |
24.28 | 27.05 |
24.32 | 27.09 |
24.68 | 27.49 |
24.77 | 27.59 |
25.14 | 28.01 |
25.29 | 28.17 |
25.67 | 28.60 |
26.01 | 28.98 |
26.16 | 29.14 |
26.40 | 29.41 |
26.55 | 29.58 |
26.75 | 29.80 |
27.02 | 30.10 |
27.15 | 30.25 |
27.43 | 30.56 |
27.52 | 30.66 |
27.80 | 30.97 |
27.82 | 30.99 |
27.93 | 31.11 |
28.12 | 31.33 |
28.19 | 31.40 |
28.22 | 31.44 |
28.24 | 31.46 |
28.54 | 31.79 |
28.56 | 31.82 |
28.61 | 31.87 |
28.90 | 32.19 |
28.92 | 32.22 |
28.99 | 32.29 |
29.04 | 32.35 |
29.07 | 32.38 |
29.32 | 32.66 |
29.33 | 32.67 |
29.35 | 32.70 |
29.51 | 32.87 |
29.53 | 32.90 |
29.69 | 33.07 |
29.75 | 33.14 |
29.76 | 33.15 |
29.85 | 33.25 |
29.97 | 33.39 |
30.07 | 33.50 |
30.14 | 33.58 |
30.20 | 33.64 |
30.24 | 33.69 |
30.30 | 33.75 |
30.48 | 33.95 |
30.52 | 34.00 |
30.69 | 34.19 |
30.70 | 34.20 |
30.91 | 34.43 |
30.94 | 34.47 |
31.04 | 34.58 |
31.16 | 34.71 |
31.37 | 34.95 |
31.47 | 35.06 |
31.51 | 35.10 |
31.94 | 35.58 |
31.96 | 35.60 |
32.28 | 35.96 |
32.44 | 36.14 |
32.76 | 36.49 |
Self-Directed Team Differential (A-1)
The A-1 rate is applicable to trained and participating members of a functioning Self-Directed Team (SDT).
Mr. Lorne Brown
National President
Federal Government Dockyard Trades
& Labour Council (East)
Building D-125
Fleet Maintenance Facility Cape Scott
P.O. Box 99000 Stn Forces
Halifax, Nova Scotia
B3K 5X5
Dear Mr. Brown:
Subject: Vehicle/Liability
This will confirm that the Employer will, subject to this letter, waive its claim against any employee in the bargaining unit for reimbursement of damages paid by it to a third party for bodily injury, death or property damage caused by an accident involving a motor vehicle owned or rented by the Employer and driven by the employee in the normal course of performing his/her duties.
The Employer agrees to indemnify an employee in the bargaining unit against any liability imposed upon him/her, by a court of competent jurisdiction, to pay any damages arising from bodily injury, death or property damage suffered by a third party and caused by an accident which occurs while the employee is driving a motor vehicle owned or rented by the Employer, while in the normal course of performing his/her duties. No employee in the bargaining unit will be eligible for such indemnification, unless he/she has, prior to the occurrence of such an accident, executed and delivered to the Employer, an instrument in writing in a form acceptable to the Employer, having the following effect:
None of the undertakings described in this letter will apply where the accident occurred while the employee was driving a vehicle owned or rented by the Employer outside the scope of his/her employment.
This Letter of Understanding will expire on December 31, 2011.