ARCHIVED - Electronics (EL) 404 - Archived
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1.01 The purpose of this Agreement is to
establish and maintain harmonious relationships between the Employer, the Local
and the employees and to set forth herein the terms and conditions of
employment upon which agreement has been reached through collective bargaining.
1.02 The parties to this Agreement share a
desire to improve the quality and to increase the efficiency of the electronics
field in the Public Service of Canada, to promote the well-being of its
employees and to provide safe and efficient services to the public.
2.01 For the purpose of this Agreement
- "allowance" means
compensation payable for the performance of special or additional duties;
- "bargaining unit" means the
employees of the Employer in the Electronics group, as described in the
certificate issued by the Public Service Labour Relations Board on the 7th day
of March 1969, amended on the 11th day of May 1999;
- "common
law partner" means a person living in a conjugal relationship with an
employee for a continuous period of at least one (1) year;
- "continuous employment" has
the same meaning as specified in the Public Service Terms and Conditions of
Employment Regulations;
- "daily rate of pay" means an
employee's weekly rate of pay divided by five (5);
- "day of rest" in relation to
an employee means a day other than a designated holiday on which that employee
is not ordinarily required to perform the duties of his/her position other than
by reason of his/her being on leave of absence;
- "designated holiday" means:
- in the case of a shift that does not
commence and end on the same day, the twenty-four (24) hour period commencing
from the time at which the shift commenced on a day designated as a holiday in
this Agreement,
- in any other case the twenty-four (24)
hour period commencing at 00:00 hours of a day designated as a holiday in this
Agreement;
- "employee" means an employee
as described in the Public Service Labour
Relations Act, and who is a member of the bargaining unit;
- "Employer", except as
specifically provided in Article 22, means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorized to
exercise the authority of the Treasury Board;
- "lay-off" means an employee
whose employment has been terminated because of lack of work or because of the
discontinuance of a function;
- "leave of absence" means
permission to be absent from duty;
- "leave with pay" means an
authorized absence from work during which an employee continues to receive
his/her straight-time hourly rate of pay and such other benefits which he/she
receives solely because he/she is in receipt of pay;
- "Local" means Local 2228 of
the International Brotherhood of Electrical Workers;
- "membership dues" means the
dues established pursuant to the By-laws of the Local as the dues payable by
its members as a consequence of their membership in the Local, and shall not
include any initiation fee, insurance premium, or special levy;
- "non-operating employee"
means an employee whose hours of work are not normally scheduled on a rotating
shift basis and whose regular duties, at his/her normal workplace, do not
include the actual in situ maintenance of electronic equipment that must be
continually available beyond the hours of 0600 to 1800 local time;
- "operating employee" means an
employee whose hours of work are normally scheduled on a rotating shift basis
and/or whose regular duties at his/her normal workplace, include the actual in
situ maintenance of electronic equipment that must be continually available
beyond the hours of 06:00 to 18:00 local time;
- If any dispute or difficulty arises in the
application of the definitions (o) and (p), the matter shall be referred to the
parties who will convene an appropriate forum to attempt to resolve or dispose
of such dispute or difficulty.
- In the event the parties are unable to
resolve or dispose of the matter any grievance subsequently presented shall
begin at the Final level of the grievance procedure in accordance with
clause 39.09.
- "passenger" means an employee
on but not assigned to duties aboard the means of transport;
- "premium" means an amount of
money paid under a specific provision of this Agreement, or time off in lieu of
such payment, other than any payment made in respect of overtime, and which is
payable in addition to and not as part of the compensation paid an employee for
the performance of the regular duties of his/her position;
- "remuneration" means pay and
allowances;
- "shift cycle" means a period
of time in which a certain number and types of shifts and days of rest are
arranged in sequence and scheduled. At the end of such period of time the
process repeats;
- "spouse"
means the person married to the employee. "Spouse" will, when
required, be interpreted to include "common law partner" except for
the purposes of the Foreign Service Directives, the definition of "spouse"
will remain as specified in Directive 2 of the Foreign Service Directives;
- "straight-time hourly rate"
means an employee's weekly rate of pay divided by thirty-seven decimal five (37.5);
- "weekly rate of pay" means an
employee's annual rate of pay divided by 52.176.
2.02 Except as otherwise provided in this
Agreement, expressions used in this Agreement:
- if defined in the Public
Service Labour Relations Act, have the same meaning as given to them in the
Public Service Labour Relations Act,
and
- if
defined in the Interpretation Act,
but not defined in the Public Service
Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
2.03 Throughout this Agreement, words
importing the masculine gender include the feminine gender.
3.01 The provisions of this Agreement apply
to the Local, employees and the Employer.
4.01 Both English and French texts of this
Agreement shall be official.
5.01 Nothing in this Agreement shall be
construed to require the Employer to do or refrain from doing anything contrary
to any instruction, direction or regulations given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
6.01 If any law now in force or enacted
during the term of this Agreement renders null and void any provision of this
Agreement, the remaining provisions shall remain in effect for the term of the agreement.
The parties shall thereupon seek to negotiate substitute provisions which are
in conformity with the applicable law.
7.01 The Local recognizes and acknowledges
that the Employer has and shall retain the exclusive right and responsibility
to manage its operation in all respects including, but not limited to, the
following:
- to
plan, direct and control operations; to determine methods, processes, equipment
and other operating matters; to determine the location of facilities and the
extent to which these facilities or parts thereof shall operate;
- to
direct the working forces including the right to decide on the number of
employees, to organize and assign work, to schedule shifts and maintain order
and efficiency, to discipline employees, including suspension and discharge for
just cause;
and it is expressly understood that all such rights and
responsibilities not specifically covered or modified by this Agreement shall
remain the exclusive rights and responsibilities of the Employer.
7.02 Such rights will not be exercised in a
manner inconsistent with the express provisions of this Agreement.
8.01 The Employer recognizes the Local
Union 2228 International Brotherhood of Electrical Workers as the exclusive
bargaining agent for all employees described in the certificate issued by the
Public Service Labour Relations Board on the 7th day of March 1969, amended on
the 11th day of May 1999.
8.02 The Local shall notify the Employer
promptly and in writing of the names of its representatives, the respective
dates of their appointment and the names, if any, of those representatives who
are being replaced or discontinued.
8.03 The Employer recognizes and
acknowledges that the employee has and shall retain the exclusive right to
conduct his/her personal affairs outside the hours during which he/she is
discharging his/her duties to the Employer.
Each employee recognizes that such affairs shall not be
conducted in a manner inconsistent with the express provisions of this
Agreement nor in such a manner as would detrimentally affect the Employer or
the Public Service of Canada.
**
The above is subject to sections 113, 114 and 115 of the Public Service Employment Act.
9.01 Where there is a conflict between this
Collective Agreement and any regulation except as provided under section 113 of
the Public Service Labour Relations Act
this Agreement shall take precedence over the said regulation.
10.01 The Employer acknowledges the right
of the Local to appoint a reasonable number of Stewards, having regard to the
plan of organization, the dispersion of employees at the workplace, and the
administrative structure implied in the grievance procedure.
10.02
A Steward, or authorized representative, shall obtain the permission of his/her
immediate supervisor before leaving his/her work to investigate complaints or
grievances and, to meet with local management for the purpose of dealing with
these matters and to attend meetings called by management. Such permission
shall not be unreasonably withheld. Where practicable, the Steward or
authorized representative shall report back to his/her supervisor before
resuming his/her normal duties.
10.03 The Local recognizes that employees
who are representatives of the Local have regular duties to perform in
connection with their work for the Employer.