ARCHIVED - Ship Repair - West (SRW) - Signing Date: February 25, 2011 - Expiry Date: January 30, 2012 - Archived

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**Article 20
Grievance Procedure

20.01 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

20.02 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:

1. by the interpretation or application, in respect of the employee, of:
   1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment;
      or
   2. a provision of the collective agreement or an arbitral award;
   or
2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Group Grievances

20.03 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.

1. In order to present a group grievance, the Council must first obtain the written consent of each of the employees concerned.
2. A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.
3. A group grievance must relate to employees in a single portion of the Federal Public Administration.

Policy Grievances

20.04 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.

1. A policy grievance may be presented by the Council only at the final level of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Council of the name, title and address of this representative.
2. The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Council. The Council shall inform the Employer of the name, title and address of this representative.

Grievance Procedure

20.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Council.

20.06 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.

20.07 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 20.15, 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.

20.08 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:

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

20.09 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.

20.10 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 20.08, except that:

1. where there is another administrative procedure provided by or under any Act of Parliament to deal with the grievor's specific complaint such procedure must be followed,
   and
2. where the grievance relates to the interpretation or application of this collective agreement or an Arbitral Award, an employee is not entitled to present the grievance unless he has the approval of and is represented by the Council.

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

1. Level 1 - first level of management;
2. Levels 2 and 3 in departments or agencies where such a levels are established - intermediate level(s);
3. Final Level - Chief Executive or deputy head or an authorized representative.

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.

20.12 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.

20.13 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.

20.14 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.

20.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 20.08, not later than the twenty-fifth (25^th) 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 20.04 not later than the twenty-fifth (25^th) 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.

20.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:

1. where the decision or settlement is not satisfactory to the grievor, within ten (10) days after that decision or settlement has been conveyed in writing to the grievor by the Employer,
   or
2. where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 20.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

20.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within twenty (20) 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 thirty (30) days. The Council shall normally reply to a policy grievance presented by the Employer within thirty (30) days.

20.18 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.

20.19 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.

20.20 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.

20.21 Where the provisions of clause 20.08 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.

20.22 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.

20.23 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.

20.24 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.

20.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.

20.26 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.

20.27 Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:

1. the interpretation or application of a provision of this collective agreement or related Arbitral Award,
   or
2. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,
   or
3. disciplinary action resulting in suspension or financial penalty,

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.

20.28 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:

1. its approval of the reference of the grievance to adjudication,
   and
2. its willingness to represent the employee in the adjudication proceedings.

Article 21
Safety and Health

21.01 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.

21.02

1. The existing practice will be maintained of providing rain and cold weather gear and protective clothing to employees exposed to chemical or physical conditions which are out of the usual course but are directly related to the job and the Employer will make all reasonable effort to issue such clothing.
2. Riggers will be provided with high visibility identification when signalling or hook-tending on jetty or mobile cranes.

Article 22
Technological Change

22.01 Both parties recognize the overall advantages of technological improvement, as well as the effects that its introduction sometimes has on specific individuals when such changes result in loss of jobs. Therefore, both parties will encourage and promote improvements in production processes 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. With this in view, management will notify the Council in advance of any significant change in process.

22.02 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.

Article 23
Agreement Re-Opener

23.01 This Agreement may be amended by mutual consent.

Article 24
Allowances

24.01 Dirty Work

1. The Employer agrees to continue the present practice of paying a dirty work allowance to an employee for work requiring exposure to particularly dirty or obnoxious conditions.
   Compensation shall be at the present rate.
   The dirty work allowance shall be paid for situations agreed to by the parties as being particularly dirty or obnoxious or for which an adjudicator determines as being particularly dirty or obnoxious.
2. Consultation between the Shop Supervisor and Shop Steward will take place with a view to immediate resolution of disagreements on dirty work.
3. Recognizing that changes in methods will introduce new situations which may qualify for compensation as outlined above, and delete old situations, local management will consult with the Council with a view to reviewing jobs for which compensation will be paid.
4. The utilization of either clause 24.01(b) or (c) will not serve to deny an employee the right to present a grievance arising out of the application of clause 24.01(a).
5. No allowance under this clause will be paid to an employee performing the duties of a Production Supervisor (MGT-1).

24.02 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:

1. on land-based radio antenna towers of five hundred (500) feet or more where they may be required to work up to the full height of the tower;
2. while suspended from a crane in a bucket or boatswain's chair;
3. while suspended in a boatswain's chair above 02 deck in Iroquois and Halifax Class uptakes;
4. more than thirty (30) feet above the base of ship's masts where no scaffolding is arranged, except for riggers and rigger apprentices;
5. while operating a JLG from a barge or SCOW;
   or
6. while operating a JLG on land with the JLG boom extended such that the base of the operator's platform is at a height greater than thirty (30) feet above the tire base;
7. for repair work on jetty cranes which is at height greater than thirty (30) feet above the crane base and no scaffolding exists, except for riggers and rigger apprentices;
8. for installation work on the side of buildings, ships or structures thirty (30) feet above the ground in CFB Esquimalt or other establishments where the method of support is by moveable platform (excluding manlifts) or boatswain's chair or mast box;
9. for erecting or removing staging on the outboard side of the fixed structure supporting the SLA 15 Antenna Group, STIR and CIWS, on Iroquois and Halifax Class ships;
   and
10. on repair work on CPF CWIS, CPF AFT STIR, Port and STBD STIR on Iroquois class ships, and aft CWIS upper platform on AOR class ships, in instances where staging is not provided and the method of support is by safety harness.

New technology in similar circumstances will be open for discussion.

24.03 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 fifteen (15) minutes after reaching the harbour limits on the final return, as follows:

1. for the first twelve (12) hours aboard or less, at the applicable rate of pay;
2. for all hours aboard in excess of twelve (12) hours, at the applicable rate of pay for all hours worked and at the regular rate of pay for all unworked hours.

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.

24.04 Transfer at Sea During Sea Trials

When an employee is required to proceed to a ship under trials at sea or to a ship proceeding to sea or to a ship proceeding to sea on trials, by helicopter, yardcraft or auxiliary vessel and is required to transfer from the helicopter, yardcraft or auxiliary vessel to the ship undergoing sea trials, the employee shall be paid a transfer allowance of ten dollars ($10.00). If the employee leaves the ship by similar transfer the employee shall be paid a further ten dollars ($10.00).

24.05 Submarine Trials

1. When an employee is required to be in a submarine during trials under the following conditions:
   1. the employee is in a submarine when it is in a closed down condition either alongside a jetty or within a harbour, on the surface or submerged, i.e., when the pressure hull is sealed and undergoing trials such as vacuum tests, high pressure tests, snort trials, battery ventilation trials or other recognized formal trials, or the submarine is rigged for diving;
      or
   2. the employee is in a submarine when it is beyond the harbour limits on the surface or submerged;
   the employee shall be compensated for all hours aboard at the applicable rate of pay for all hours worked and at the straight-time rate for all unworked hours.
2. In addition, an employee shall receive a submarine trials allowance equal to twenty-five per cent (25%) of the employee's basic hourly rate for each completed one-half (1/2) hour the employee is required to be in a submarine during trials as per the conditions prescribed in sub-clause 24.05(a).

Article 25
Shift Premium

25.01 An employee who is regularly scheduled to work third (evening) or first (night) shift shall be paid a shift premium of:

1. one-fifteenth (1/15) of the employee's basic hourly rate of pay for each hour worked on third (evening) shift,
   and
2. one-fifth (1/5) of the employee's basic hourly rate of pay for each hour worked on the first (night) shift.

Article 26
Pay

26.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

26.02

1. The rates of pay set forth in Appendix "A" shall become effective on the dates specified.
2. Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this Agreement, the following shall apply:
   1. "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefore;
   2. a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the group during the retroactive period;
   3. for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;
   4. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;
   5. no payment or no notification shall be made pursuant to paragraph 26.02(b) for one dollar ($1.00) or less.

26.03

1. An employee is entitled to be paid for services rendered at the rate of pay specified in Appendix "A" for the classification of the position to which the employee is appointed.
2. The Employer will on written request provide a copy of his/her work description.

26.04 Acting Pay

When an employee is required by the Employer to perform substantially the duties of a higher position on an acting basis, the employee shall be paid acting pay from the date on which the employee commenced to act for the period in which the employee acts as if he/she had been appointed to that higher classification level.

26.05 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 provisions of this clause shall not apply to an employee on "layoff" as defined in clause 2.01(m).

26.06 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.

26.07 Payments made as a result of clause 26.04 shall not change the holding rates of pay or the holding scale of rates to which an employee is entitled.

26.08 For the information of employees the assignment of jobs to sub-groups and levels shall be as described in Appendix "A".

26.09 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.

Article 27
Loss of Personal Effects

27.01 An employee who suffers loss of clothes or personal effects will be compensated in accordance with Order-in-Council PC-1991-8/1695.

27.02 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 one thousand dollars ($1,000) based on replacement cost less the usual rate of depreciation.

27.03 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.

Article 28
Tools

28.01 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.

28.02 An employee who through neglect or negligence destroys or loses any of the tools issued to the employee by the Employer shall be held responsible for such damage or loss based on replacement cost less the usual rate of depreciation.

Article 29
Illegal Strikes

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

Article 30
Notice to Amend or Renew the Collective Agreement

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

Article 31
Joint Consultation

31.01 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.

31.02 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.

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

1. accident prevention;
2. productivity;
3. sick leave;
4. training;
5. work area environment;
   and
6. technological change.

Article 32
Employee Performance Review and Employee Files

32.01 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.

32.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter.

32.03 Upon written request of an employee, the personnel file of that employee may be made available once per year for the employee's examination in the presence of an authorized representative of the Employer.

32.04 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.

32.05 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to have a representative of the Council attend the meeting.

Article 33
Harassment

33.01 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.

33.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
2. If by reason of 33.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual consent.

Article 34
National Joint Council Agreements

34.01 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.

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

34.03

The following 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:

**

• Bilingualism Bonus Directive
• Commuting Assistance Directive
• First Aid to the General Public - Allowance for Employees
• Foreign Service Directives
• Isolated Posts and Government Housing Directive
• Motor Vehicle Operations Directive
• NJC Relocation Directive
• Occupational Health and Safety Directive
• Pesticides Directive
• Public Service Health Care Plan Directive
• Travel Directive
• Uniforms Directive
• Workforce Adjustment Directive

34.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 20.01 of this Collective Agreement.

Article 35
No Discrimination

35.01 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.

35.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
2. If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

35.03 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.

Article 36
Duration and Renewal

36.01 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date of signature of the Collective Agreement.

**

36.02 This Collective Agreement shall expire on January 30, 2012.

Signed in Ottawa, this 25th day of the month of February 2011.

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