ARCHIVED - Translation (TR) 313

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Article 14
Travelling Time

14.01 Where an employee is required by the Employer to travel outside his headquarters area and on government business, as these expressions are normally defined by the Employer, and when such travel is approved and the means of travel determined by the Employer, the employee shall be compensated only in accordance with clause 14.03, except in the case of employees covered by Article 19, who are not entitled to any additional compensation. However, in the case of interpreters working in the official languages, the travel shall be deemed to be duties other than interpretation for the purposes of clause 12.04 and its duration shall be calculated in accordance with clause 14.02.

14.02 The travelling time to be compensated is as follows:

1. for travel by public transportation, the time between the regularly scheduled time of departure and the actual time of arrival at a destination and, in the case of travel by aircraft, the scheduled limousine time to and from the airport;
2. for travel by privately-owned automobile, the normal time as determined by the Employer to drive from the employee's place of residence directly to his destination and return.

14.03 If an employee is required to travel in accordance with the provisions of clauses 14.01 and 14.02:

1. on a normal work day during which he travels but does not work, he shall receive his normal day's pay;
2. on a normal work day during which he travels and works, he shall be paid:
   1. at the straight-time hourly rate for the first seven and one-half (7 1/2) hours,
      and
   2. at the applicable overtime rate for the additional travelling time in excess of seven and one-half (7 1/2) hours as mentioned in sub-paragraph 14.03(b)(i), to a maximum of twelve (12) hours at the straight-time hourly rate;
3. on a day of rest or a designated paid holiday, he shall be paid at the applicable overtime rate to a maximum of twelve (12) hours' pay at the straight-time hourly rate.

14.04 Upon application by the employee, the Employer may meet any obligation to pay compensation to an employee under this Article by granting to that employee compensatory leave in lieu of such compensation. Compensatory leave not used by the end of a twelve (12) month period, as determined by the Employer, will be paid in cash by multiplying the number of hours to be cashed by the straight-time hourly rate which applied to the employee on the last day of this twelve (12) month period.

14.05 All calculations for travel time shall be based on each completed half (1/2) hour of travel.

14.06 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.

14.07 Travel Status Leave

1. An employee who is required to travel outside his headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one (1) additional day off for each additional twenty (20) nights that the employee is away from his permanent residence to a maximum of eighty (80) additional nights.
2. The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.
3. This leave with pay is deemed to be compensatory leave and is subject to paragraph 13.10(c).
4. The provisions of this clause do not apply when the employee travels to attend courses, training sessions, professional conferences and seminars.

Article 15
Pay

15.01 Except as provided in clauses 15.02, 15.03, 15.04 and 15.05, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

15.02 An employee is entitled to be paid for services rendered at:

1. the pay specified in Appendix "A" for the classification of the position to which he is appointed, if the classification coincides with that prescribed in his letter of offer,
   or
2. the pay specified in Appendix "A" for the classification prescribed in his letter of offer, if that classification and the classification of the position to which he is appointed do not coincide.

15.03

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 therefor;
   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 bargaining unit 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 immediately shown 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 immediately shown below the rate of pay being received prior to the revision;
   5. no payment or no notification shall be made pursuant to paragraph 15.03(b) for one dollar ($1.00) or less.

15.04 The qualifying period for the payment of acting pay for employees is three (3) consecutive working days or shifts. This payment will be made in accordance with existing regulations.

15.05 Overtime pay which has been paid to an employee during the period covered by the retroactive pay increases will be recomputed and the difference between the amount paid on the old salary basis and the amount payable on the new salary basis will be paid to the employee.

15.06 When an employee at the TR-2, TR-3 or TR-4 level who is not an interpreter is assigned by the Employer to interpretation duties for a temporary period, he shall be entitled to an amount of forty dollars ($40.00) per day in addition to his regular pay but such amount shall not be granted for the time spent in training for such duties.

15.07 Shift Premium

1. An employee who works shifts shall receive a shift premium of two dollars ($2.00) per hour for all hours worked between 4:00 p.m. and 8:00 a.m., including overtime. This premium shall not be paid for hours worked between 8:00 a.m. and 4:00 p.m.
2. An employee who works shifts shall receive an additional premium of two dollars ($2.00) per hour for hours of work regularly scheduled and worked on Saturdays and/or Sundays. This premium shall not apply to overtime hours.

15.08 If, during the term of this Agreement, a new classification standard is established and implemented by the Employer, the Employer shall, before applying rates of pay to the new levels resulting from the application of the standard, negotiate with the Association the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

Article 16
Designated Paid Holidays

16.01 Subject to clause 16.02, the following days shall be designated paid holidays for employees:

1. New Year's Day,
2. Good Friday,
3. Easter Monday,
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
5. Canada Day,
6. Labour Day,
7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
8. Remembrance Day,
9. Christmas Day,
10. Boxing Day,
11. one (1) additional day 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 day is recognized as a provincial or civic holiday, the first (1^st) Monday in August,
    and
12. one (1) additional day when proclaimed by an Act of Parliament as a National Holiday.

16.02 The designated holiday shall not be paid to an employee on leave without pay on both the normal working days immediately preceding and immediately following the designated holiday, except in the case where such leave has been granted under Article 10.

16.03 Holiday Falling on a Day of Rest

1. When a day designated as a paid holiday under clause 16.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first (1^st) normal day of work following his day of rest. When a day designated as a paid holiday is moved to a day on which the employee is on paid leave, the day shall be counted as a holiday and not as a day of leave.
2. When a day designated as a paid holiday for an employee is moved to another day under the provisions of paragraph (a):
   1. work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest,
      and
   2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.
3. Paragraph (b) does not apply to employees covered by Article 19, Parliamentary leave and Interpretation Leave.

16.04 For the purposes of paragraph 12.04(c), the day designated as a paid holiday counts as seven and one-half (7 1/2) hours of duties other than interpretation, in addition to the hours of work the interpreter may have performed that day.

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