ARCHIVED - Technical Services - TC (DD, EG, GT, PY, PI, TI) 403, 405, 406, 407, 408, 413 - Archived
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Part III: Working Conditions
Alternate Provision
This Article does not apply to employees in the
PI bargaining unit (see provisions of Appendix M).
25.01 An employee's scheduled
hours of work shall not be construed as guaranteeing the employee minimum or maximum
hours of work.
25.02 The Employer agrees that,
before a schedule of working hours is changed, the changes will be discussed with
the appropriate steward of the Alliance if the change will affect a majority of
the employees governed by the schedule.
25.03 Provided sufficient advance
notice is given and with the approval of the Employer, employees may exchange shifts
if there is no increase in cost to the Employer.
25.04
**
- Except as provided for in clause 25.09, the normal work week shall be thirty-seven
decimal five (37.5) hours exclusive of lunch periods, comprising five (5) days of
seven decimal five (7.5) hours each, Monday to Friday. The workday shall be scheduled
to fall within a nine (9) hour period between the hours of 06:00 and 18:00, unless
otherwise agreed in consultation between the Alliance and the Employer at the appropriate
level.
- The scheduled weekly and daily hours of work stipulated in 25.04(a) may be varied
by the Employer, following consultation with the Alliance, to allow for summer and
winter hours, provided the annual total is not changed.
**
25.05 Subject to operational
requirements as determined by the Employer from time to time, an employee shall
have the right to select and request flexible hours between 06:00 and 18:00 and
such request shall not be unreasonably denied.
**
25.06
Notwithstanding the provisions of this Article, upon request of an employee and
the concurrence of the Employer, an employee may complete his or her weekly hours
of employment in a period other than five (5) full days provided that over a period
of twenty-eight (28) calendar days the employee works an average of thirty-seven
decimal five (37.5) hours per week. As part of the provisions of this clause, attendance
reporting shall be mutually agreed between the employee and the Employer. In every
twenty-eight (28) day period such an employee shall be granted days of rest on such
days as are not scheduled as a normal workday for the employee.
25.07 Two (2) rest periods of
fifteen (15) minutes each shall be scheduled during each normal day for non-operating
employees. The Employer agrees, where operational requirements permit, to continue
the present practice of providing rest periods for operating employees.
25.08 If an employee is given
less than seven (7) days' advance notice of a change in his or her shift schedule,
the employee will receive a premium rate of time and one-half (1 1/2) for work performed
on the first shift changed. Subsequent shifts worked on the new schedule shall be
paid for at straight time. Such employee shall retain his or her previously scheduled
days of rest next following the change or if worked, such days of rest shall be
compensated in accordance with the overtime provisions of this Agreement.
25.09 For
employees who work on a rotating or irregular basis:
**
- Normal hours of work shall be scheduled so that employees work:
- an average of thirty-seven decimal five (37.5)
hours per week and an average of five (5) days per week;
and
- seven decimal five (7.5) hours per day.
- The Employer shall make every reasonable effort to schedule a meal break of one-half
(1/2) hour during each full shift which shall not constitute part of the work period.
Such meal break shall be scheduled as close as possible to the midpoint of the shift,
unless an alternate arrangement is agreed to at the appropriate level between the
Employer and the employee. If an employee is not given a meal break scheduled in
advance, all time from the commencement to the termination of the employee's full
shift shall be deemed time worked.
- When an employee's scheduled shift does not commence and end on the same day, such
shift shall be deemed for all purposes to have been entirely worked:
- on the day it commenced where one-half (1/2)
or more of the hours worked fall on that day;
or
- on the day it terminates where more than one-half
(1/2) of the hours worked fall on that day.
Accordingly,
the first (1st) day of rest will be deemed to start immediately after midnight of
the calendar day on which the employee worked or is deemed to have worked his or
her last scheduled shift; and the second (2nd) day of rest will start immediately
after midnight of the employee's first (1st) day of rest, or immediately after midnight
of an intervening designated paid holiday if days of rest are separated thereby.
- Every reasonable effort shall be made by the Employer:
- not to schedule the commencement of a shift
within eight (8) hours of the completion of the employee's previous shift;
- to avoid excessive fluctuations in hours of
work;
- to consider the wishes of the majority of
employees concerned in the arrangement of shifts within a shift schedule;
- to arrange shifts over a period of time not
exceeding fifty-six (56) days and to post schedules at least fourteen (14) days
in advance of the starting date of the new schedule;
- to grant an employee a minimum of two (2) consecutive
days of rest.
- In order to continue the present scheduling practices for upper air technicians,
the provisions of subparagraphs 25.09(a)(ii) and (d)(i) will not apply.
- Subject to paragraphs 25.09(a) through 25.09(e), scheduling practices
will continue in specialized areas as follows:
- ice observers aboard icebreakers shall work
fifty-six (56) hours per week;
- upper air technicians shall work not less than
five (5) hours per shift.
- Notwithstanding the provisions of this Article, it may be operationally advantageous
to implement work schedules for employees that differ from those specified in this
clause. Any special arrangement may be at the request of either party and must be
mutually agreed between the Employer and the majority of employees affected.
Terms
and Conditions Governing the Administration of Variable Hours of Work
25.10 The terms and conditions
governing the administration of variable hours of work implemented pursuant to paragraphs
25.04(b), 25.06, and 25.09(g) are specified in clauses 25.10 to 25.13. This Agreement
is modified by these provisions to the extent specified herein.
25.11 Notwithstanding anything
to the contrary contained in this Agreement, the implementation of any variation
in hours shall not result in any additional overtime work or additional payment
by reason only of such variation, nor shall it be deemed to prohibit the right of
the Employer to schedule any hours of work permitted by the terms of this Agreement.
25.12
**
- The scheduled hours of work of any day, may exceed or be less than seven decimal
five (7.5) hours; starting and finishing times, meal breaks and rest periods shall
be determined according to operational requirements as determined by the Employer
and the daily hours of work shall be consecutive.
**
- Such schedules shall provide an average of thirty-seven decimal five (37.5) hours
of work per week over the life of the schedule.
- The maximum life of a schedule for shift workers
shall be six (6) months.
- The maximum life of a schedule for Day workers
shall be twenty-eight (28) days, except when the normal weekly and daily hours of
work are varied by the Employer to allow for summer and winter hours in accordance
with paragraph 25.04(b), in which case the life of a schedule shall be one (1) year.
- Whenever an employee changes his or her variable hours or no longer works variable
hours, all appropriate adjustments will be made.
25.13 For greater certainty,
the following provisions of this Agreement shall be administered as provided for
herein:
- Interpretation and Definitions
(clause 2.01)
- "Daily
rate of pay" - shall not apply.
- Minimum Number of Hours
Between Shifts (subparagraph 25.09(d)(i))
- The
minimum period between the end of the employee's shift and the beginning of the
next one, shall not apply.
- Exchange of Shifts (clause
25.03)
- On exchange
of shifts between employees, the Employer shall pay as if no exchange had occurred.
- Designated Paid Holidays
(clause 32.05)
**
- A designated paid holiday shall account for
seven decimal five (7.5) hours.
- When
an employee works on a designated paid holiday, the employee shall be compensated,
in addition to the pay for the hours specified in subparagraph (i), at time and
one-half (1 1/2) up to his or her regular scheduled hours worked and at double (2)
time for all hours worked in excess of his or her regular scheduled hours.
- Travel
- Overtime
compensation referred to in clause 34.04 shall only be applicable on a workday for
hours in excess of the employee's daily scheduled hours of work.
**
- Acting Pay
- The
qualifying period for acting pay as specified in paragraph 65.07(a) shall be converted
to hours.
- Shift Premium
- Shift
work employees on variable hour shift schedules pursuant to Appendix D of this agreement
will receive a shift premium in accordance with clause 27.01.
- Overtime
- Overtime
shall be compensated for all work performed on regular working days or on days of
rest at time and three-quarters (1 3/4).
26.01
**
- When a full-time indeterminate employee is required to attend one of the following
proceedings outside a period that extends before or beyond three (3) hours his or
her scheduled hours of work on a day during which he or she would be eligible for
a shift premium, the employee may request that his or her hours of work on that
day be scheduled between 07:00 and 18:00. Such request will be granted provided
there is no increase in cost to the Employer. In no case will the employee be expected
to report for work or lose regular pay without receiving at least twelve (12) hours
of rest between the time his or her attendance was no longer required at the proceeding
and the beginning of his or her next scheduled work period.
**
- Public
Service Labour Relations Board Proceedings
- (clauses
14.01, 14.02, 14.04, 14.05 and 14.06)
- Contract
negotiation and preparatory contract negotiation meetings
- (clauses
14.09 and 14.10)
- Personnel
selection process
- To
write Provincial certification examinations that are a requirement for the continuation
of the performance of the duties of the employee's position
- Training
courses that the employee is required to attend by the Employer
- Notwithstanding paragraph (a), proceedings
described in subparagraph (v) are not subject to the condition that there be no
increase in cost to the Employer.
Excluded Provisions
This Article does not apply to employees on day work, covered
by clauses 25.04 to 25.06, or clause 25.04 of Appendix M.
**
27.01
Shift Premium
An employee working on shifts will receive a shift premium
of two dollars ($2.00) per hour for all hours worked, including overtime hours,
between 16:00 and 08:00. The shift premium will not be paid for hours worked between
08:00 and 16:00.
27.02 Weekend Premium
- An employee working on shifts during the
weekend will receive an additional premium of two dollars ($2.00) per hour for all
hours worked, including overtime hours, on Saturday and/or Sunday.
- Where Saturday and Sunday are not recognized
as the weekend at a mission abroad, the Employer may substitute two (2) other contiguous
days to conform to local practice.
28.01
Each fifteen (15) minute period of overtime shall be compensated for at the following
rates:
- time and one-half (1 1/2) except as provided
for in paragraph 28.01(b);
**
- double (2) time for each hour of overtime worked after fifteen (15) hours' work
in any twenty-four (24) hour period or after seven decimal five (7.5 ) hours' work
on the employee's first (1st) day of rest, and for all hours worked on the second
(2nd) or subsequent day of rest. Second (2nd) or subsequent day of rest means the second or
subsequent day in an unbroken series of consecutive and contiguous calendar days
of rest.
28.02
- Overtime shall be compensated in cash except
that, upon request of an employee and with the approval of the Employer, or at the
request of the Employer and with the concurrence of the employee, overtime may be
compensated in equivalent leave with pay.
- The Employer shall endeavour
to make cash payment for overtime in the pay period following that in which the
credits were earned.
- The Employer shall grant compensatory leave
at times convenient to both the employee and the Employer.
- Compensatory leave with pay not used by the end of a twelve (12) month period, to
be determined by the Employer, will be paid for in cash at the employee's hourly
rate of pay as calculated from the classification prescribed in the certificate
of appointment of his or her substantive position at the end of the twelve (12)
month period.
28.03
Subject to the operational requirements of the service, the Employer shall make
every reasonable effort:
- to allocate overtime work on an equitable
basis amongst readily available, qualified employees;
and
- to give employees who are required to work
overtime adequate advance notice of the requirement.
28.04
The Alliance is entitled to consult the deputy minister or the deputy minister's
representative whenever it is alleged that employees are required to work unreasonable
amounts of overtime.
28.05
- If an employee is given instructions before
the beginning of the employee's meal break or before the midpoint of the employee's
workday whichever is earlier, to work overtime on that day and reports for work
at a time which is not contiguous to the employee's work period, the employee shall
be paid for the time actually worked, or a minimum of two (2) hours' pay at straight
time, whichever is the greater.
- If an employee is given instructions, after
the midpoint of the employee's workday or after the beginning of his or her meal
break whichever is earlier, to work overtime on that day and reports for work at
a time which is not contiguous to the employee's work period, the employee shall
be paid for the time actually worked, or a minimum of three (3) hours' pay at straight
time, whichever is the greater.
- When an employee is required to report for
work and reports under the conditions described in (a) or (b) above, and is required
to use transportation services other than normal public transportation services,
the employee shall be reimbursed for reasonable expenses incurred as follows:
- mileage
allowance at the rate normally paid to an employee when authorized by the Employer
to use his or her automobile when the employee travels by means of the employee's
own automobile,
or
- out-of-pocket
expenses for other means of commercial transportation.
28.06
Other than when required by the Employer to use 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 his or her residence shall not constitute
time worked.
28.07
Notwithstanding the provisions of this Agreement for the payment of double (2) time,
aerological observers shall be compensated at double (2) time as follows:
**
- for all hours worked in excess of seven decimal
five (7.5) hours beyond what was scheduled for a normal day;
- for all hours worked in excess of scheduled
hours on a first (1st) day of rest, whether the period of work is a contiguous period
or not (these days are identified on the shift schedules);
- for all hours worked on a second (2nd) day
of rest (these days are identified on the shift schedules);
- for all hours worked in excess of the scheduled
hours of work on a designated holiday.
28.08
Within five (5) days of notification of consultation served by either party the
Alliance shall notify the Employer in writing of the representative authorized to
act on behalf of the Alliance for consultation purposes.
Meal Allowance
To apply to all groups except PI
28.09
- An employee who works three (3) or more hours
of overtime immediately before or immediately following the employee's scheduled
hours of work shall be reimbursed for one (1) meal in the amount of ten dollars
($10.00), except where free meals are provided.
- When an employee works overtime continuously
extending four (4) hours or more beyond the period provided for in (a), the employee
shall be reimbursed for one (1) additional meal in the amount of ten dollars ($10.00)
for each additional four (4) hour period thereafter, except where free meals are
provided.
- Reasonable time with pay, to be determined
by the Employer, shall be allowed the employee in order that the employee may take
a meal break either at or adjacent to the employee's place of work.
- Meal allowances under this clause shall not
apply to an employee who is in travel status which entitles the employee to claim
expenses for lodging and/or meals.
28.10 To apply to PI
group only
An employee who works three (3) or more hours of overtime:
- immediately before the employee's scheduled
hours of work and who has not been notified of the requirement prior to the end
of his or her last scheduled work period,
or
- immediately following the employee's scheduled
hours of work
shall
be reimbursed for one (1) meal in the amount of ten dollars ($10.00), except where
free meals are provided. When an employee works additional overtime continuously
extending three (3) hours or more beyond the periods provided for in (a) and (b)
above, the employee shall be reimbursed for one (1) additional meal in the amount
of ten dollars ($10.00) for each additional three (3) consecutive hours worked,
except where free meals are provided.
Reasonable time with pay, to be determined by management, shall be
allowed the employee in order that the meal break may be taken either at or adjacent
to the employee's place of work. This clause shall not apply to an employee who
is in travel status which entitles the employee to claim expenses for lodging and/or
meals.
28.11
When a contractor plans to close a plant between two (2) designated paid holidays
or between a designated paid holiday and a weekend in order to give the contractor's
employees an extended holiday period, Resident Inspectors of the Department of National
Defence may be required to work the same days of rest as those worked by the contractors'
employees at the straight-time rate and take lieu days to coincide with the plant's
shutdown.
28.12
An employee who receives a call to duty or responds to a telephone or data line
call while on standby or at any other time outside of his or her scheduled hours
of work, may at the discretion of the Employer work at the employee's residence
or at another place to which the Employer agrees. In such instances, the employee
shall be paid the greater of:
- compensation at the applicable overtime rate
for any time worked,
or
- compensation equivalent to one (1) hour's
pay at the straight-time rate, which shall apply only the first time an employee
performs work during an eight (8) hour period, starting when the employee first
commences the work.
Alternate Provisions
Clauses 29.01 and 29.02
do not apply to employees covered by 29.03.
29.01 If
an employee is called back 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,
or
- after the employee has completed his or her work for the day and has left his or
her place of work,
and returns to work, the employee shall be paid
the greater of:
- compensation equivalent to three (3) hours'
pay at the applicable overtime rate of pay for each call-back to a maximum of eight
(8) hours' compensation in an eight (8)-hour period. Such maximum shall include
any reporting pay pursuant to clause 32.06 and the relevant reporting pay provisions,
or
- compensation at the applicable rate of overtime
compensation for time worked,
provided that the period worked by the employee
is not contiguous to the employee's normal hours of work.
- The minimum payment referred to in 29.01(c)(i) above, does not apply to part-time
employees. Part-time employees will receive a minimum payment in accordance with
clause 63.06 of this Collective Agreement.
29.02 Other than when required
by the Employer to use 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 his or her residence shall not constitute time worked.
29.03 This Article does not
apply where an employee who has accommodation on board a vessel and:
- is not in his or her home port, reports for sailing in accordance with posted sailing
orders or as otherwise required by the Master;
or
- is on the Employer's premises at the time of notification of the requirement to
work overtime.
Compensation in Cash or Leave With Pay
29.04
- Compensation earned under this Article shall be compensated in cash except where,
upon request of an employee and with the approval of the Employer, or at the request
of the Employer and the concurrence of the employee, overtime may be compensated
in equivalent leave with pay.
- The Employer shall endeavour to make cash payment for overtime in the pay period
following that in which the credits were earned.
- The Employer shall grant compensatory leave at times convenient to both the employee
and the Employer.
- Compensatory leave with pay not used by the end of a twelve (12) month period, to
be determined by the Employer, will be paid for in cash at the employee's hourly
rate of pay as calculated from the classification prescribed in the certificate
of appointment of his or her substantive position at the end of the twelve (12)
month period.
30.01
Where the Employer requires an employee to be available on standby during off-duty
hours, such employee shall be compensated at the rate of one-half (1/2) hour for
each four (4)-hour period or part thereof for which the employee has been designated
as being on standby duty.
30.02 An employee designated by letter or by
list for standby duty shall be available during his or her period of standby at
a known telephone number and be available to return for work as quickly as possible
if called. In designating employees for standby, the Employer will endeavour to
provide for the equitable distribution of standby duties.
30.03 No standby payment shall be granted if
an employee is unable to report for work when required.
30.04 An employee on standby who is required
to report for work shall be compensated in accordance with clause 29.01.
30.05 Other than when required by the Employer
to use 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 his or her residence shall not constitute time worked.
30.06
- Payments
referred to in clauses 30.01 and 30.04 shall be compensated in cash except where,
upon request of an employee and with the approval of the Employer, or at the request
of the Employer and the concurrence of the employee, the payment may be compensated
in equivalent leave with pay.
- Compensatory
leave with pay not used by the end of a twelve (12) month period, to be determined
by the Employer, will be paid for in cash at the employee's hourly rate of pay as
calculated from the classification prescribed in the certificate of appointment
of his or her substantive position at the end of the twelve (12) month period.
31.01
- When an employee is required to report and
reports to work on the employee's day of rest, the employee is entitled to a minimum
of three (3) hours' pay at the applicable overtime rate of pay;
- The minimum payment referred to in (a), does
not apply to part-time employees. Part-time employees will receive a minimum payment
in accordance with 63.05.
31.02 To apply to the
EG, DD, PY and PI groups only
When
an employee reports for work under the conditions described in clause 31.01, and
is required to use transportation services other than normal public transportation
services, the employee shall be reimbursed for reasonable expenses incurred as follows:
- mileage allowance at the rate normally paid
to an employee when authorized by the Employer to use his or her automobile when
the employee travels by means of the employee's own automobile,
or
- out-of-pocket expenses for other means of
commercial transportation.
31.03
Other than when required by the Employer to use a vehicle of the Employer for transportation
to a work location other than the employee's normal place of work, time spent by
an employee reporting to work or returning to his or her residence shall not constitute
time worked.
31.04 To apply to EG
group only
An employee
required to report aboard ship sailing from home port outside the employee's normally
scheduled working hours and who is not required to work aboard on reporting will
be paid a premium of one (1) hour's pay at the straight-time rate.
31.05 To apply to EG
group only
This
Article does not apply where an employee who has accommodation on board a vessel
and is not in the employee's home port, reports for sailing in accordance with posted
sailing orders or as otherwise required by the Master.
31.06
- Payments referred to in clause 31.01 shall
be compensated in cash except where, upon request of an employee and with the approval
of the Employer, or at the request of the Employer and the concurrence of the employee,
the payment may be compensated in equivalent leave with pay.
- Compensatory leave with pay not used by the
end of a twelve (12) month period, to be determined by the Employer, will be paid
for in cash at the employee's hourly rate of pay as calculated from the classification
prescribed in the certificate of appointment of his or her substantive position
at the end of the twelve (12) month period.
32.01 Subject to clause 32.02, the following
days shall be designated paid holidays for employees:
- New Year's
Day;
- Good
Friday;
- Easter
Monday,
- the day
fixed by proclamation of the Governor in Council for celebration of the Sovereign's
Birthday;
- Canada
Day;
- Labour
Day;
- the day
fixed by proclamation of the Governor in Council as a general day of Thanksgiving;
- Remembrance
Day;
- Christmas
Day;
- Boxing
Day;
- one (1)
additional day in each year that, in the opinion of the Employer, is recognized
to be a provincial or civic holiday in the area in which the employee is employed
or, in any area where, in the opinion of the Employer, no such additional day is
recognized as a provincial or civic holiday, the first Monday in August;
- one (1)
additional day when proclaimed by an Act of Parliament as a national holiday.
Clause TI32.01 applies only to
certain employees in the TI Group.
TI32.01 Technical Inspectors working on the
premises of contractors who observe the designated paid holidays on days other than
those listed in clause 32.01 shall observe the designated paid holidays referred
to in clause 32.01 on the same days as the employees of these contractors. Technical
Inspectors are entitled to eleven (11) designated paid holidays per year.
32.02 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,
except in the case of an employee who is granted leave without pay under the provisions
of Article 14, Leave With or Without Pay for Alliance Business.
32.03
When a day designated as a holiday under clause 32.01 coincides with an employee's
day of rest, the holiday shall be moved to the first (1st) scheduled working day
following the employee's day of rest. When a day that is a designated holiday is
so moved to a day on which the employee is on leave with pay, that day shall count
as a holiday and not as a day of leave.
When two (2) days designated as holidays under clause 32.01 coincide
with an employee's consecutive days of rest, the holidays shall be moved to the
employee's first two (2) scheduled working days following the days of rest. When
the days that are designated holidays are so moved to days on which the employee
is on leave with pay, those days shall count as holidays and not as days of leave.
32.04 When a day designated as a holiday
for an employee is moved to another day under the provisions of clause 32.03:
- work
performed by the employee on the day from which the holiday was moved shall be considered
as worked performed on a day of rest,
and
- work
performed by the employee on the day to which the holiday was moved, shall be considered
as work performed on a holiday.
32.05
**
- When
an employee works on a holiday, he or she shall be paid time and one-half (1 1/2)
for all hours worked up to seven decimal five (7.5) hours and double (2) time thereafter,
in addition to the pay that the employee would have been granted had he or she not
worked on the holiday.
- Notwithstanding
paragraph (a), when an employee works on a holiday contiguous to a day of rest on
which the employee also worked and received overtime in accordance with paragraph
28.01(b), the employee shall be paid in addition to the pay that the employee would
have been granted had he or she not worked on the holiday, two (2) times his or
her hourly rate of pay for all time worked.
32.06 When an employee is required to report
for work and reports on a designated holiday, the employee shall be paid the greater
of:
- compensation
equivalent to three (3) hours' pay at the applicable overtime rate of pay for each
reporting to a maximum of eight (8) hours' compensation in an eight (8) hour period;
or
- compensation
in accordance with the provisions of clause 32.05.
32.07 Other than when required by the Employer
to use 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 his or her residence shall not constitute time worked.
32.08 Where a day that is a designated holiday
for an employee coincides with a day of leave with pay, that day shall count as
a holiday and not as a day of leave.
32.09 Where operational requirements permit,
the Employer shall not schedule an employee to work on both December 25 and January
1 in the same holiday season.
32.10
- Payments
referred to in clause 32.05 and 32.06 shall be compensated in cash except where,
upon request of an employee and with the approval of the Employer, or at the request
of the Employer and the concurrence of the employee, the payment may be compensated
in equivalent leave with pay.
- Compensatory leave with pay not used by
the end of a twelve (12) month period, to be determined by the Employer, will be
paid for in cash at the employee's hourly rate of pay as calculated from the classification
prescribed in the certificate of appointment of his or her substantive position
at the end of the twelve (12) month period.
33.01
The Employer shall make every reasonable effort to accommodate an employee who requests
time off to fulfill his or her religious obligations.
33.02
Employees may, in accordance with the provisions of this Agreement, request annual
leave, compensatory leave, leave without pay for other reasons or a shift exchange
(in the case of a shift worker) in order to fulfill their religious obligations.
33.03
Notwithstanding clause 33.02, at the request of the employee and at the discretion
of the Employer, time off with pay may be granted to the employee in order to fulfill
his or her religious obligations. The number of hours with pay so granted must be
made up hour for hour within a period of six (6) months, at times agreed to by the
Employer. Hours worked as a result of time off granted under this clause shall not
be compensated nor should they result in any additional payments by the Employer.
33.04
An employee who intends to request leave or time off under this Article must give
notice to the Employer as far in advance as possible but no later than four (4)
weeks before the requested period of absence.
34.01 For the purposes of this Collective Agreement,
travelling time is compensated for only in the circumstances and to the extent provided
for in this Article.
34.02 When an employee is required to travel
outside his or her headquarters area on government business, as these expressions
are defined by the Employer, the time of departure and the means of such travel
shall be determined by the Employer and the employee will be compensated for travel
time in accordance with clauses 34.03 and 34.04. Travelling time shall include time
necessarily spent at each stop-over enroute provided such stop-over is not longer
than three (3) hours.
**
34.03 For the purposes of clauses 34.02 and
34.04, the travelling time for which an employee shall be compensated is as follows:
- for travel by public transportation,
the time between the scheduled time of departure and the time of arrival at a destination,
including the normal travel time to the point of departure, as determined by the
Employer;
- for travel by private means of transportation,
the normal time as determined by the Employer, to proceed from the employee's place
of residence or workplace, as applicable, direct to the employee's destination and,
upon the employee's return, direct back to the employee's residence or workplace;
- in the event that an alternate time
of departure and/or means of travel is requested by the employee, the Employer may
authorize such alternate arrangements, in which case compensation for travelling
time shall not exceed that which would have been payable under the Employer's original
determination.
34.04 If an employee is required to travel as
set forth in clauses 34.02 and 34.03:
- on a
normal working day on which the employee travels but does not work, the employee
shall receive his or her regular pay for the day.
- on a
normal working day on which the employee travels and works, the employee shall be
paid:
-
his or her regular pay for the day for a combined
period of travel and work not exceeding his or her regular scheduled working hours;
and
- at the applicable overtime rate for additional
travel time in excess of his or her regular scheduled hours of work and travel,
with a maximum payment for such additional travel time not to exceed twelve (12)
hours pay at the straight-time rate of pay;
- on a
day of rest or on a designated paid holiday, the employee shall be paid at the applicable
overtime rate for hours travelled to a maximum of twelve (12) hours pay at the straight-time
rate of pay.
34.05 This Article does not apply to an employee
when the employee travels by any type of transport in which he or she is required
to perform work, and/or which also serves as his or her living quarters during a
tour of duty. In such circumstances, the employee shall receive the greater of:
- on a
normal working day, his or her regular pay for the day,
or
- pay for
actual hours worked in accordance with Article 32, Designated Paid Holidays and
Article 28, Overtime of this Collective Agreement.
34.06 Compensation under this Article shall
not be paid for travel time to courses, training sessions, conferences and seminars,
unless the employee is required to attend by the Employer.
34.07
- Upon
request of an employee and with the approval of the Employer, compensation at the
overtime rate earned under this Article may be granted in compensatory leave with
pay.
- Compensatory
leave with pay not used by the end of a twelve (12) month period, to be determined
by the Employer, will be paid for in cash at the employee's hourly rate of pay as
calculated from the classification prescribed in the certificate of appointment
of the employee's substantive position at the end of the twelve (12) month period.
34.08 When an employee is to be away from home
on two (2) consecutive days of rest they shall be entitled to be reimbursed for
one ten (10) minute station to station call home in addition to those that may be
eligible for under the travel directive.
34.09 Travel Status Leave
Exclusions
This clause does not apply to employees covered by Appendix I
- Engineering and Scientific Support Group.
**
- 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 or her permanent
residence for twenty (20) nights during a fiscal year shall be granted seven decimal
five (7.5) hours off with pay. The employee shall be credited with one additional
period of seven decimal five (7.5) hours for each additional twenty (20) nights
that the employee is away from his or her permanent residence to a maximum of eighty
(80) additional nights.
- The maximum
number of hours off earned under this clause shall not exceed thirty-seven decimal
five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with
pay.
- This
leave with pay is deemed to be compensatory leave and is subject to paragraphs 28.02(c)
and (d).
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.
35.01
When an employee serving on a vessel which is away from its home port,
- is authorized to take leave under the provisions
of Article 38, Vacation Leave With Pay, or under the provisions of Article 51, Bereavement
Leave With Pay, the Employer shall pay the cost of the return travelling expenses,
as normally defined by the Employer, from the point of disembarkation to the vessel's
home port or to the employee's normal place of residence, whichever is the lesser
amount;
- terminates his or her employment by reason
of retirement, release or layoff, the Employer shall pay the cost of the travelling
expenses, as normally defined by the Employer, from the point of disembarkation
to the employee's port of hiring or to the employee's normal place of residence,
whichever is the lesser amount.
36.01
Where practicable, advance notice of a change in posting or a transfer from an employee's
Headquarters' area as defined by the Employer shall be given to an employee. Such
notice shall not normally be less than three (3) months.