ARCHIVED - Translation (TR) 313

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Article 11
Deductions on Behalf of the Association

11.01

1. Subject to the provisions of this Article, the Employer shall, as a condition of employment, deduct an amount equal to the monthly membership dues from the pay of all employees in the bargaining unit.
2. Where no dues deductions are made from an employee in respect of any given month as a result of the employee not earning any pay in that month or not earning sufficient pay to permit dues deductions to be made, the Employer shall not be required to make deductions from that employee's subsequent salary in respect of the month referred to above.

11.02 For the purpose of applying clause 11.01, deductions from pay for each employee in respect of each month will start with the first (1^st) full calendar month of employment, to the extent that earnings are available.

11.03 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 11.01. The Association shall give at least three (3) months advance notice to the Employer of any amendments to the amount of the authorized monthly deductions.

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11.04 An employee, who satisfies the Association as to the bona fides of his claim and declares in an affidavit that he is a member of a religious organization whose doctrine prevents him as a matter of conscience from making financial contributions to an employee organization, and that he will make contributions equal to dues to a charitable organization registered pursuant to the Income Tax Act, 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 Association will inform the Employer accordingly.

11.05 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 Association, shall be permitted to have membership dues as mentioned in clause 11.01, and/or other monies deducted by the Employer from the pay of employees.

11.06 The amounts deducted in accordance with clause 11.01 shall be remitted to the Association by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on his behalf.

11.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of production of appropriate documentation.

11.08 The Association 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 in connection with the deduction of the amount equal to the monthly membership dues.

Article 12
Hours of Work

12.01 Normal Work Week

1. The normal work week shall be thirty-seven and one-half (37 1/2) hours Monday through Friday (the normal work day being seven and one-half (7 1/2) hours worked between 8:00 a.m. and 6:00 p.m.) except for employees covered by Article 19, Parliamentary Leave and Interpretation Leave, or employees engaged in shift work.
2. To meet ongoing operational requirements, the Employer may, notwithstanding paragraph 12.01(a), ask employees to complete their normal work day between 7:00 a.m. and 9:00 p.m. The Employer shall consult the Association's head office when it decides to use the present exceptional provision or to change a work schedule implemented according to this paragraph.
3. Before designating employees to work before 8:00 a.m. or after 6:00 p.m., the Employer shall call for qualified volunteers. In administrative units where no qualified volunteers are available, the Employer shall designate employees to work.
4. The Employer shall give an employee thirty (30) calendar days' notice of initiation or termination of the work arrangements described in paragraph 12.01(b).
5. When, due to exceptional circumstances, the Employer changes the employee's schedule pursuant to paragraph 12.01(b) less than thirty (30) calendar days before the coming into force of the new scheduled hours, the employee shall be paid double (2) time for the first (1^st) working day of the new scheduled hours. The provisions of Note 5(m) to Appendix "A" shall apply to the rest of the period.
6. An employee shall not work a schedule of hours pursuant to the terms of paragraph 12.01(b) for more than four (4) months, unless the employee agrees to extend the period and if no qualified person is available to replace him.
7. Except in cases of emergency, where scheduled hours are to be changed so that they are different from those specified in paragraph 12.01(a) or from a work schedule implemented in accordance with 12.01(b), the Employer shall consult with the Association' head office on such hours of work and shall show that such hours are required to meet its operational requirements.
8. Upon application by the employee, the Employer may authorize the employee to work his normal work day so it is different from that specified in paragraph 12.01(a). In such a case, the Employer shall consult the Association's head office beforehand.
9. The employee shall not normally be required to submit an attendance report more than once a month.

12.02 Compressed Work Week

1. Where operational requirements permit and with the approval of the Employer, employees covered by paragraph 12.01(a) may complete their hours of work between 7:00 a.m. and 8:00 p.m., and other than on a five-day (5) basis.
2. 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 establish the hours of work.

12.03 Shift Work Employees

1. 1. In the case of employees engaged in shift work, the standard hours of work shall be, on average, thirty-seven and one-half (37 1/2) hours each week, for the shift period.
   2. Where operational requirements permit, meal periods shall be granted to employees by the Employer.
   3. Where operational requirements permit, the days of rest of an employee shall be consecutive and shall in no case be less than two (2).
   4. In this clause, "shift work schedule" means the allocation of shifts over a period not to exceed two (2) consecutive months.
2. The Employer shall endeavour by all means in its power to allocate shifts in such a way that:
   1. employees shall rotate through the various shifts in such a manner that the requirements for working night shifts, evening shifts and weekends will be shared, to the extent that operational requirements will permit, by all employees covered by the shift schedule;
   2. employees are not required to work less than seven (7) hours or more than nine (9) hours for any one (1) shift;
   3. no shift shall be scheduled starting within the sixteen (16)-hour period following the end of the employee's last shift.
3. Provided it will not result in additional costs to the Employer, employees in the same service may exchange shifts with the permission of the shift supervisor. Such permission shall not be unreasonably withheld. Once the exchange is approved, the work schedule shall then become the official shift work schedule for the service.
4. 1. The Employer agrees that, before any change is made to a shift work schedule, the employees affected by such change shall, wherever possible, receive notice of such change at least seven (7) days in advance.
   2. When an employee is required to move from one (1) shift to another without receiving at least twenty-four (24) hours notice of such change, he shall be paid time and one-half (1 1/2) for the first (1^st) day of this new shift.
5. Within the established rotational system, an employee who performs the functions of substitute may not be so assigned for a period exceeding two (2) consecutive months.

12.04 Interpreters

1. On average, an interpreter's normal work day shall consist of six (6) hours of interpretation when part of a team of three (3) interpreters for a meeting in a single bilingual booth, (or a team of two (2) interpreters for a meeting in a trilingual booth), or approximately four (4) hours of interpretation when part of a team of two (2) interpreters for a meeting in a single bilingual booth.
2. The number and make-up of the teams of interpreters shall be determined on the basis of the workload.
   1. For simultaneous interpretation, the minimum number is:
      • In the case of meetings involving two (2) working languages, three (3) interpreters in a single bilingual booth working for up to six (6) hours (it being understood that a team should not normally work for more than four (4) consecutive hours); or two (2) interpreters working for up to four (4) hours (it being understood that a team should not normally work for more than three (3) consecutive hours).
      • In the case of meetings involving three (3) working languages, at least two (2) interpreters per unilingual booth working for up to six (6) hours (it being understood that a team should not normally work for more than four (4) consecutive hours).
      • In the case of meetings involving four (4) working languages, at least two (2) interpreters per unilingual booth working for up to six (6) hours, and three (3) interpreters where conditions warrant (it being understood that a team should not normally work for more than four (4) consecutive hours).
      • At the House of Commons, teams shall consist of three (3) interpreters per booth and should not normally work for more than six (6) consecutive hours. The Employer, after consultation with the Association, shall establish the roster of interpreters accordingly.
   2. For consecutive, elbow or escort interpretation, the number of interpreters on the team shall normally be at least two (2) interpreters working a six (6)-hour day.
3. The total hours of work may vary depending on operational requirements. However, the hours of work shall be balanced on a monthly basis or, when possible, twice a month, with the Employer making every reasonable effort not to assign more than thirty-seven and one-half (37 1/2) hours of work per week, as a general rule. Work shall be calculated in hours, with one hour of interpretation equalling one point two-five (1.25) hours of work in the case of a team of three (3) interpreters (or a team of two (2) interpreters working in a single bilingual booth) and one point eight seven five (1.875) hours of work in the case of a team of two (2) interpreters in a meeting involving two working languages working in a single bilingual booth.
   For elbow, consecutive or escort interpretation, one (1) hour of interpretation shall equal one point eight seven five (1.875) hours of work when the interpreter is alone and one point two five (1.25) hours of work when the interpreter is part of a team.
   The calculation of hours of work shall include all duties expressly authorized by the Employer, as well as leaves and holidays.
4. As a general rule, interpretation assignments shall be scheduled within time blocks that begin at the time the interpreter is required to report for duty and end twelve (12) hours later. The interpretation time of each assignment is counted in minutes, beginning at the time recorded on the interpreter's program and ending at the time the interpreter's presence is no longer required.
5. Where operational requirements allow it, the Employer, when scheduling the interpreter's program, shall normally allow for a twelve (12)-hour interval between the end of the interpreter's work day and the start of his or her next time block.
6. Where operational requirements allow it, the Employer shall grant the interpreter two (2) consecutive days of rest during each seven (7) calendar day period. Should it not be possible to grant such a rest period, these days of rest shall be reinstated as soon as possible through the operation of the monthly balancing process set out in paragraph (c) above.
7. Pursuant to paragraph (c), the Employer shall post the interpreters' weekly and cumulative hours worked. Moreover, where the Conference Interpretation Service is concerned, the Employer shall post fortnightly the assignment program for the next two (2) weeks.
8. An interpreter whose interpretation assignment is cancelled and who is not reassigned for an equivalent period during the same time block shall be deemed to have performed duties other than interpretation during the idle portion of the scheduled assignment.
9. An interpreter who is required by the Employer to be on standby for a specified period shall remain available for the duration of that period at a known telephone number and shall stand ready to report for duty as quickly as possible if called. This period shall be deemed part of the time block for the purposes of paragraph (d).

12.05 Special Work Arrangement for the Translators

1. 1. Following a call for qualified volunteers issued by the Employer to meet operational needs, an employee may agree to a five-day week which, notwithstanding paragraph 12.01(a), includes Saturday or Sunday or these two (2) days.
   2. An employee who adopts a work week in accordance with paragraph 12.05(a)(i) will be given at least two consecutive days of rest.
   3. The provisions of Note (n) to Appendix "A" apply.
2. 1. Where an employee agrees to change his normal work week pursuant to paragraph 12.05(a), the Employer shall allow thirty (30) calendar days before the change takes effect.
   2. An employee who has adopted a work schedule under paragraph 12.05(a) may terminate the arrangement by giving thirty (30) calendar days' notice.
   3. The Employer may terminate the work arrangement adopted under paragraph 12.05(a) by giving the employee thirty (30) calendar days' notice.
   4. The thirty (30) days' notice may be changed if there is mutual consent regarding the transition arrangements.

Article 13
Overtime

13.01 Exclusion

This article does not apply to employees covered by Article 19, Parliamentary Leave and Interpretation Leave.

13.02 General

1. All calculations for overtime shall be based on each completed quarter (1/4) hour.
2. Employees shall record starting and finishing times of overtime work in a form determined by the Employer.
3. Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for the performance of overtime.

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4. Where operational requirements permit, the Employer shall make every reasonable effort to allocate overtime work on an equitable basis among employees who are deemed qualified by the Employer, provided the Employer endeavours to allocate overtime first to those employees who have indicated a willingness to work overtime.
5. The Employer will endeavour to make cash payments for overtime in the month following the month in which the overtime was worked.

13.03 Compensation

1. The employee required to work overtime during the normal work week shall be granted compensation at time and one-half (1 1/2) for the first seven and one-half (7 1/2) consecutive hours of overtime worked on a normal workday and double (2) time after that.
2. If, exceptionally, an employee is asked to work more than twenty-four (24) hours without interruption, every hour in excess of twenty-four (24) is compensated at double (2) time until the Employer makes the necessary arrangements to ensure the employee gets an eight (8)-hour period during which he does not have to work.
   If the Employer calls an employee back to work before the end of said eight (8)-hour period, the employee goes on receiving compensation at double (2) time.

13.04 Compensation for Work on Day of Rest

Subject to clause 13.02:

1. An employee who is required to work on a day of rest shall be compensated at time and one-half (1 1/2) for the first seven and one-half (7 1/2) hours and double (2) time after that;
2. an employee who is required to work on a second (2^nd) day of rest shall be compensated at double (2) time provided that the employee also worked all or part of the first (1^st) day of rest. Second (2^nd) day of rest means the second (2^nd) day in an unbroken series of consecutive and contiguous calendar days of rest;
3. when an employee works on a day of rest consecutive and contiguous to a designated paid holiday on which he also worked all or part of the day, he shall be compensated at double (2) time for all the hours worked on that day of rest;
4. where an employee is required to and does report for work on a day of rest, the employee shall be paid the greater of the following:
   1. three (3) hours compensation at the applicable overtime rate, only once during an eight (8)-hour period,
      or
   2. compensation at the applicable overtime rate for the hours actually worked.

13.05 Compensation for Work on a Designated Paid Holiday

1. When an employee is required to work on a designated paid holiday, he shall be paid, in addition to his normal daily rate of pay, on the basis of time and one-half (1 1/2) for the first seven and one-half (7 1/2) hours and double (2) time after that;
2. when an employee works on a designated paid holiday consecutive and contiguous to a day of rest on which he also worked all or part of the day, he shall be paid, in addition to his normal straight-time hourly rate, on the basis of double (2) time;
3. when an employee works on a second (2^nd) designated paid holiday consecutive and contiguous to a first (1^st) designated paid holiday on which he also worked all or part of the day, he shall be paid, in addition to his normal straight-time hourly rate, on the basis of double (2) time for all the hours worked on the second (2^nd) designated paid holiday. Second (2^nd) designated paid holiday means the second (2^nd) day in an unbroken series of consecutive and contiguous calendar designated paid holidays.
4. where an employee is required to and does report for work on a designated paid holiday, the employee shall be paid the greater of the following:
   1. three (3) hours compensation at the applicable overtime rate, only once during an eight (8)-hour period,
      or
   2. compensation at the applicable rate under paragraphs 13.05(a), (b) or (c).

13.06 Compensation for Shift Work

Employees working shifts shall be granted compensation as follows:

1. time and one-half (1 1/2) for each hour worked beyond the normal hours of work in each work week;
2. time and one-half (1 1/2) for each hour worked on the first (1^st) day of rest and double (2) time for each hour worked on additional and consecutive days of rest;
3. double time (2) for each hour performed on a designated holiday.

13.07 Call-Back Pay

An employee who is called back to work by the Employer without advance notice, after he has completed his normal work day and has left his place of work, and who returns to work, shall be granted compensation at the applicable overtime rate provided that the period worked does not directly follow or precede the employee's normal hours of work, on either the day in question or the following day. Under such circumstances, the employee shall be paid the greater of the following:

1. three (3) hours compensation at the applicable overtime rate, only once during an eight (8)-hour period,
   or
2. compensation at the applicable overtime rate for the hours actually worked.

13.08 Standby Pay

1. When the Employer requires an employee to be available on standby for a specific period during off-duty hours, the employee shall be paid at the rate of one half (1/2) hour at straight time for each four (4)-hour period or portion thereof for which he has been designated as being on standby duty.
2. An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with clause 13.07.
3. An employee required to be on standby duty shall be available during the period of standby at a known telephone number and be able to report for duty as quickly as possible if called.
4. No standby duty payment shall be granted if the employee is unable to report for duty when required.
5. The Employer shall endeavour to allocate standby duties equitably among employees and shall first call for volunteers within the service where standby is required. Except in cases of emergency, the Employer shall also endeavour to give reasonable advance notice to the employee required to be on standby.

13.09 Payments made under paragraph 13.04(c) and clauses 13.07 and 13.08 shall not be pyramided; that is an employee shall not receive more than one (1) compensation for the same service.

13.10 Compensatory Leave

1. At the employee's request, compensation earned under this Article is paid in cash or converted into compensatory leave credits. Such credits being granted subject to operational requirements.
2. Compensatory leave credits are calculated by dividing the compensation to which the employee is entitled under this Article by the straight-time hourly rate which applies to the employee.
3. Compensatory leave credits earned but not used by the end of a twelve (12)-month period, as determined by the Employer and that remain outstanding by the end of the next four (4)-month period, shall be converted into cash by multiplying the number of credit hours by the straight-time hourly rate which applied to the employee on the last day of the twelve (12)-month period.
   Compensatory leave credits earned under this paragraph shall be used before any other compensatory leave credits earned thereafter.

13.11 Meal Reimbursement

1. An employee who works three (3) or more hours of overtime immediately before or following his scheduled hours of work shall be reimbursed for one (1) meal in the amount of ten dollars fifty ($10.50) except when the meal has been provided free to the employee.
2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars fifty ($10.50), except when the meal has been provided free to the employee.
3. Reasonable time with pay, to be determined by management, shall be allowed the employee in order that he may take a meal break either at or adjacent to his place of work.

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