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Education
Leave Without Pay
21.01 The Employer
recognizes the usefulness of education leave. Upon written application by the
employee and with the approval of the Employer, an employee may be granted
education leave without pay for varying periods of up to one (1) year, which
can be renewed by mutual agreement, to attend a recognized institution for
studies in some field of education in which preparation is needed to fill the
employee's present role more adequately or to undertake studies in some field
in order to provide a service which the Employer requires or is planning to
provide.
21.02 At the Employer's
discretion, an employee on education leave without pay under this article may
receive an allowance in lieu of salary of up to one hundred per cent (100%) of
the employee's annual rate of pay, depending on the degree to which the
education leave is deemed, by the Employer, to be relevant to organizational
requirements. Where the employee receives a grant, bursary or scholarship, the
education leave allowance may be reduced. In such cases, the amount of the
reduction shall not exceed the amount of the grant, bursary or scholarship.
21.03 Allowances already being
received by the employee may at the discretion of the Employer be continued
during the period of the education leave. The employee shall be notified when
the leave is approved whether such allowances are to be continued in whole or
in part.
21.04 As a condition of the
granting of education leave without pay, an employee shall, if required, give a
written undertaking prior to the commencement of the leave to return to the
service of the Employer for a period of not less than the period of the leave granted.
If the employee:
- fails to complete the course;
- does not resume employment with the Employer on completion of the course;
or
- ceases to be employed, except by reason of death or lay-off, before termination
of the period he or she has undertaken to serve after completion of the course;
the employee shall repay the Employer all
allowances paid to him or her under this article during the education leave or
such lesser sum as shall be determined by the Employer.
21.05 Education leave
without pay in excess of three (3) months shall not be counted as "continuous
employment" for the purpose of calculating severance pay nor as "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
not be counted for pay increment purposes.
21.06
Career Development Leave With Pay
- Career development refers to an activity which in the opinion of the Employer
is likely to be of assistance to the individual in furthering his or her career
development and to the organization in achieving its goals. The following
activities shall be deemed to be part of career development:
- a course given by the Employer;
- a course offered by a recognized academic
institution;
- a seminar, convention or study session in
a specialized field directly related to the employee's work.
- Upon written application by the
employee, and with the approval of the Employer, career development leave with
pay may be granted for any one of the activities described in paragraph 21.06(a)
above. The employee shall receive no compensation under Article 24, Days of
Rest; Article 25, Overtime; and Article 27, Travel; of this Collective
Agreement during time spent on career development leave provided for in this
clause.
- Employees on career development leave shall be reimbursed for all reasonable
travel and other expenses incurred by them which the Employer may deem
appropriate.
21.07
Examination Leave With Pay
At the Employer's discretion, examination
leave with pay may be granted to an employee for the purpose of writing an
examination which takes place during the employee's scheduled hours of work.
Such leave will only be granted where, in the opinion of the Employer, the
course of study is directly related to the employee's duties or will improve
his or her qualifications.
22.01 Solely for the purpose of this
article, the terms:
- "the Employer" will include any organization, service with which is
included in the calculation of "continuous employment",
and
- "weekly rate of pay" means the rate in Appendix B identified with the
level and step in the level the employee normally occupies and shall not
include "Acting Pay" unless the period of Acting Pay has been more
than one (1) year.
22.02 Lay-Off
An employee who has one (1) year or more of continuous
employment and who is laid off is entitled to be paid severance pay at the time
of lay-off.
- On the first (1st) lay-off, two (2)
weeks' pay for the first (1st) completed year of continuous employment and one (1)
week's pay for each additional complete year of continuous employment and, in
the case of a partial year of continuous employment, one (1) week's pay
multiplied by the number of days of continuous employment divided by 365.
- On the
second (2nd) or subsequent lay-off, one (1) week's pay for each complete year
of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by 365, less any period in respect of which the employee was
granted severance pay under paragraph (a) above.
22.03 Resignation
Subject to clause 22.04, an employee who has ten (10) or
more years of continuous employment is entitled to be paid, on resignation from
the public service, severance pay equal to the amount obtained by multiplying
half (1/2) of his or her weekly rate of pay on resignation by the number of
completed years of his or her continuous employment to a maximum of twenty-six (26),
less any period in respect of which the employee was granted severance pay,
retiring leave or a cash gratuity in lieu of retiring leave by the Employer.
22.04 Retirement
- On
termination of employment (other than dismissal for just cause) an employee who
is entitled to an immediate annuity, or is entitled to an immediate annual
allowance, under the Public Service
Superannuation Act,
or
- a
part-time employee, who regularly works more than twelve (12) but less than
thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would
be entitled to an immediate annuity thereunder, or who would have been entitled
to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete
period of continuous employment, comprised of one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of days of
continuous employment divided by 365, to a maximum of thirty (30) week's pay,
less any period in respect of which the employee was granted severance pay,
retiring leave or a cash gratuity in lieu of retiring leave by the Employer.
22.05 Termination for Cause for Reasons of Incapacity or Incompetence
- When
an employee has completed more than one (1) year of continuous employment and
ceases to be employed by reason of release for incapacity pursuant to the
provisions of subparagraph 12(1)(e) of the Financial
Administration Act, the employee is entitled to be paid one (1) week's pay
for each complete year of continuous employment with a maximum benefit of
twenty-eight (28) weeks.
- When
an employee has completed more than ten (10) years of continuous employment and
ceases to be employed by reason of release for incompetence pursuant to the
provisions of subparagraph 12(1)(e) of the Financial
Administration Act, the employee is entitled to be paid one (1) week's pay
for each complete year of continuous employment with a maximum benefit of
twenty-eight (28) weeks.
22.06 Death
If an employee dies, there shall be paid to the employee's
estate a severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each complete year
of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by 365, to a maximum of thirty (30) weeks' pay, regardless
of any other benefit payable, less any period in respect of which the employee
was granted severance pay, retiring leave or a cash gratuity in lieu of
retiring leave by the Employer.
22.07 Rejection on Probation
Upon rejection on probation, when an employee has completed
more than one (1) year of continuous employment and ceases to be employed by
reason of rejection during a probationary period he or she is entitled to be
paid one (1) week's pay for each complete year of continuous employment with a
maximum benefit of twenty-seven (27) weeks.
22.08 Appointment to a Separate Employer Organization
Notwithstanding clause 22.03, an employee who resigns to
accept an appointment with an organization listed in Schedule V of the Financial
Administration Act may choose not to be paid severance pay provided that
the appointing organization will accept the employee's Schedule I and IV
service for its severance pay entitlement.
23.01 A day is the twenty-four (24) hour
period commencing at 00:00 hours and ending at 24:00 hours.
23.02 An employee's regularly scheduled
daily hours of work are hours which may fall within one (1) day or may embrace
the latter part of one (1) day and the beginning of the following day.
23.03 Normal hours of work shall be
arranged to provide for either:
- a
thirty-seven decimal five (37.5) hour work week as described in clause 23.04,
or
- an
average of thirty-seven decimal five (37.5) hours per week as described in
clause 23.05,
and
in neither case shall there be split-shifts, that is, a
normal schedule where the period of work is divided by more time than that
provided as a meal break, except as provided in clause 23.16.
23.04 Non-Operating
Employees
-
- Normal
scheduled hours of work for non-operating employees shall be thirty-seven
decimal five (37.5) hours per week consisting of five (5) consecutive days,
Monday to Friday inclusive, each day to be seven decimal five (7.5) hours
(exclusive of a meal break) between the hours of 07:00 and 18:00 local time.
- Notwithstanding subparagraph (i), at the
request of the employee and with the approval of the Employer, the stated hour
of 7:00 may be modified to 6:00. Where such agreement has occurred, the
Employer will notify the local union representative or the IBEW business office
of the change in the scheduled hours of work.
- These
employees will be provided with a scheduled unpaid meal break of not less than
thirty (30) consecutive minutes nor more than one (1) hour commencing between
one-half (1/2) hour prior to and one (1) hour following the mid-point of the
normal work period except that a meal break of less than thirty (30) minutes
may be granted to compensate for summer hours. It is recognized that in
extenuating circumstances the meal break may be advanced or delayed because of
work requirements. However, if the employee is able to take a meal break of at
least a half (1/2) hour's duration commencing within the time prescribed it
shall be considered as satisfying the requirements of this clause. If an
employee is not able to take a meal break within the prescribed time period the
period of the meal break shall be counted as time worked.
23.05 Operating Employees
- Normal
hours of work for operating employees shall be an average of thirty-seven
decimal five (37.5) hours per week consisting of an average of five (5) days
per week, each day to be seven decimal five (7.5) hours exclusive of a meal
break.
- These
employees will be provided with a scheduled unpaid meal break of thirty (30)
consecutive minutes' duration commencing within one-half (1/2) hour prior to
and one (1) hour following the mid-point of their shift. It is recognized that
in extenuating circumstances the meal break may be advanced or delayed because
of operational requirements. However, if the employee is able to take a meal
break of a half (1/2) hour's duration commencing during the period of time
prescribed it shall be considered as satisfying the requirements of this
clause. If an employee is not able to take a meal break within the prescribed
time period, the period of the meal break shall be counted as time worked.
- Subject
to all conditions in paragraph (b) above except the time at which a meal period
may be scheduled, a meal break on the evening shift (16:00-24:00) may be taken
at a time other than as specified above when by agreement of the Manager and
the Steward responsible for that location, a different time for the meal break
is established. When such alternative is established, it shall not again be
changed except by thirty (30) days' written notice to the Manager by the
Steward, or thirty (30) days' written notice to employees concerned at the site
by the Manager.
- Subject to all conditions in (b)
above except the length of the meal period, an unpaid meal break during the day
shift (08:00-16:00) may be up to one (1) hour by agreement of the Manager and
the Steward responsible for that location. When such period is established, it
shall not again be changed except by thirty (30) days' written notice to the
Manager by the Steward, or thirty (30) days' written notice to employees
concerned at the site by the Manager.
- It is recognized that the Employer may require employees:
- whose hours of work are prescribed in
accordance with paragraph 23.05(a),
and
- who provide twenty-four (24) hour coverage,
to
remain at their place of work and to be available to return immediately to duty
during their one-half (1/2) hour unpaid meal break. In such circumstances,
whether the employee works or does not work, such meal break will be paid at
the employee's straight-time hourly rate and does not form part of the employee's
normal hours of work as prescribed in paragraph 23.05(a). Employees covered by
this clause are excluded from the provisions of paragraph 23.05(b), Articles 25
and 29 of this Agreement, and under no circumstances will employees receive any
other compensation for the half (1/2) hour meal break under any other provision
of this Collective Agreement.
- An
operating employee will not be scheduled to work more than seven (7)
consecutive days.
23.06 Minimum and Maximum Hours
Nothing in this Agreement shall be construed as guaranteeing
an employee minimum or maximum hours of work.
23.07 Break Periods
Each employee shall be given two (2) paid break periods of
fifteen (15) minutes each during each working shift.
23.08 Shift Times - Operating Employees
- The
starting and finishing times of normal shifts will be as follows:
- 00:00 - 08:00 Local Time
- 08:00 - 16:00 Local Time
- 16:00 - 24:00 Local Time
- The
Employer may schedule shifts to commence not more than one (1) hour before or
one (1) hour after the times outlined above.
- Before
scheduling shifts more than one (1) hour before or one (1) hour after the times
listed above the Employer will consult with the Local.
- There
shall be an equitable distribution of shift work among available qualified
employees.
- When
the scheduled shift hours are modified in accordance with paragraphs 23.08(b)
and (c), then a day as defined in clause 23.01 is modified accordingly.
23.09 Posting of Shift Schedules and Shift Cycles - Operating Employees
- A
shift schedule must be of not less than twenty-eight (28) days' duration and
will be posted at least fifteen (15) days in advance in order to provide an
employee with reasonable notice as to the shift he or she will be covering.
- Every
reasonable effort will be made by the Employer not to schedule the commencement
of a shift within eight (8) hours of the completion of the employee's last
shift.
- The
schedule may be an entire shift cycle in itself or portion thereof
and the employees affected shall work an average of
thirty-seven decimal five (37.5) hours per week over the period of the cycle in
accordance with paragraph 23.05(a).
- The
local representative will be provided with a copy of the current shift schedule
and shift cycle where practicable.
- If
the shift schedule is not posted within the time limits in this clause, then
the employee's upcoming schedule shall be considered to be a continuation of
his or her present shift cycle.
23.10 Shift Exchange - Operating Employees
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.
Such approval shall not be unreasonably withheld.
23.11 Change in Shift - Operating Employees
- In
the event that an individual employee's shift hours and/or days of
work are changed to accommodate to an unanticipated absence of an employee, not
initiated by the Employer, and less than fifteen (15) days' advance notice of
such change is given, the employee shall be paid a premium equal to the amount
shown in note 5 of Appendix B-1 for work performed on the first (1st) scheduled
shift changed in addition to his
or her daily rate of pay. When an employee works less than
three decimal seven five (3.75) hours of the first scheduled shift changed no
premium will be paid.
- In
the event that an individual employee's shift hours and/or days of work are
changed for reasons other than accommodating to an unanticipated absence of an
employee not initiated by the Employer, and less than twenty-one (21) days'
advance notice of such change is given, the employee shall be paid a premium
equal to the amount shown in note 5 of Appendix B-1 in addition to his or her
daily rate of pay for work performed on each of the changed scheduled shifts
for which twenty-one (21) days' advance notice was not given, up to a maximum
of three (3) such shifts. When an employee works less than
three decimal seven five (3.75) hours of any scheduled shift changed no premium
will be paid for that shift.
- Any
return to the employee's previous hours and/or days of work will not be
considered a change subject to premium pay under this clause, unless the return
is delayed beyond ten (10) working days following the date of notification of
the change.
-
- The above shall not apply to an employee
who requests a change.
- The above shall apply to an employee
assigned to a course away from his/her assigned workplace.
-
- Notwithstanding the above, a change to an
employee's shift schedule shall not reschedule the first (1st) group of
previously scheduled days of rest.
The "first group of previously scheduled
days of rest" means the days of rest shown on the employee's unchanged
shift schedule, immediately following but not necessarily contiguous to the day
prior to the change.
- An employee required to work on the "first
group of previously scheduled days of rest", will be compensated for those
days, at the applicable overtime rate as specified in clauses 24.05 and 24.06,
but will not be entitled to the premiums provided in paragraphs 23.11(a) and (b).
23.12 Change in Schedule or Cycle
Except as provided in clause 23.10, the Employer agrees that
before a shift schedule or shift cycle is changed, if the change will affect
more than one (1) employee, the change will be discussed with the local
representative where practicable.
23.13 Encroachment
An employee who has not had a break of eight (8) consecutive
hours during a twenty-four (24) hour period in which he or she works more than
fifteen (15) hours shall not be required to report for work on his or her
regularly scheduled shift until a period of ten (10) hours has elapsed from the
end of the period of work that exceeded fifteen (15) hours. If, in the application
of this clause, an employee works less than his or her regularly scheduled
shift he or she shall, nevertheless, receive his or her regular daily rate of
pay.
For the purpose of this clause, time necessarily spent in
travel required by the Employer, shall be considered as time worked.
23.14 Change in Employee Status - Operating/Non-Operating
It is understood that certain employees, because of the
nature of their duties, may be required to change from a non-operating employee
to an operating employee (or vice versa) for varying periods of time. No change
in the employee's status (Operating or Non-Operating) will be made unless the
requirement to change is consistent for thirty (30) consecutive calendar days
or more. Advance notice of such requirement which will involve a change in the
employee's status should be given at the earliest possible date but in any case
not less than thirty (30) calendar days prior to the earliest date that the
change in status may commence. If notice of the change is less than thirty (30)
calendar days, the employee shall be paid a premium equal to the amount shown
in note 5 of Appendix B-1 for each shift or day worked during the period of the
change in status for which he or she has not received thirty (30) calendar days'
notice. Such notice shall not be required when the employee concerned is
promoted, is acting in a higher level position or the change is in response to
the employee's request.
23.15 It is recognized that when
circumstances warrant certain non-operating employees may be required to work
their normal daily hours within a schedule which deviates from their normal
daily schedule as specified in clause 23.04. When a non-operating employee is
required to work his or her normal
seven decimal five (7.5) hours a day at times other than those specified in
clause 23.04 the employee shall receive his or her normal daily rate of pay
plus a premium payment as follows:
In a calendar month for days worked in accordance with the
above,
- for
the first (1st) and second (2nd) day, in accordance with note 6 of Appendix B-1
for each day,
- for
the third (3rd), fourth (4th) and fifth (5th) day, in accordance with note 7 of
Appendix B-1 for each day,
- for
the sixth and subsequent days, in accordance with note 8 of Appendix B-1 for
each day.
If the employee works less than three decimal seven five (3.75)
hours he
or she shall receive the full premium for the day and revert to his/her
normal schedule for that day which will be reduced by the equivalent number
of hours that the employee worked. If the employee works
three decimal seven five (3.75) hours or more he or she shall be paid the full
premium for the day and his or her normal daily rate of pay.
Hours worked in excess of seven decimal five (7.5) hours per
day shall be subject to Article 25.
23.16 In accordance with clause 23.03 and
notwithstanding clauses 23.04 and 23.15, the following shall apply to employees
aboard ship:
- On
ships where operational requirements demand that the employee conform to a Sea
Watch system and the Sea Watches are two (2) non-rotating four (4) hour duty
periods each followed by an eight (8) hour non-duty period or are rotating four
(4) hour Sea Watches followed by an eight (8) hour non-duty period where the
rotating is achieved by splitting the 16:00-20:00-hour Sea Watch, the employee
shall work those Sea Watches.
- On
ships where there is no operational requirement to conform to that Sea Watch
system but where the presence of employees is required twenty-four (24) hours a
day, the employees concerned shall be subject to clause 23.08.
- The
normal hours of work under paragraphs (a) and (b) of this clause shall be seven
decimal five (7.5) hours per day, exclusive of a meal break, five (5) days per
week.
- Except
for employees of the Department of National Defence eligible under Article 32,
for Sea Trials Allowance, advance notice of a ship board assignment shall be
given at the earliest possible date but, in any case, no less than seven (7)
calendar days prior to such assignment. If advance notice of the assignment is
less than seven (7) calendar days, the employee shall be paid a premium equal
to the amount shown in note 5 of Appendix B-1 for each day during the
assignment for which he or she has not received seven (7) calendar days' notice.
Variable Hours of Work
23.17 Notwithstanding the provisions
of Articles 23 and 25, employees, with the approval of the Employer, may
complete their weekly hours of employment in a period other than five (5) full
days provided that over a period, to be determined by the Employer, employees
work an average of thirty-seven decimal five (37.5) hours per week.
23.18 Any special arrangement may be at the
request of either party and must be mutually agreed between the Employer and
the employee(s) affected. Where individual employees' duties or shifts are
interdependent, then the majority of the affected employees must agree to the
arrangement and it shall apply to all of these employees.
23.19 Notwithstanding anything to the
contrary contained in this Agreement, the implementation of any variation in
hours shall not result in any additional overtime work, payment or cost 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.
Terms and Conditions Governing the Administration of Variable Hours of Work
23.20 General Terms
- The
scheduled hours of work on any day, as set forth in the variable work week
arrangement, may exceed seven decimal five (7.5) hours per day; starting and
finishing times, meal breaks and rest periods shall be determined according to
operational requirements as defined by departmental policy and guidelines, and
the daily hours of work shall be consecutive.
- Such
a work schedule shall provide that an employee's normal work week shall average
thirty-seven decimal five (37.5) hours per week over the life of the cycle or
variable work week arrangement.
23.21 Conversion of Days
to Hours
- The provisions of this Agreement
which specify days shall be converted to hours. Where this Agreement refers to
a "day", it shall be converted to seven decimal five (7.5) hours,
with the exception of Bereavement Leave.
- When
an employee ceases to be subject to a variable hours of work arrangement, his
or her credits will be converted to days by dividing the number of hours by
seven decimal five (7.5) hours per day.
23.22 Adjustments
Any required adjustment between seven decimal five (7.5)
hours per day and the employee's actual scheduled hours may take the form of
make-up time or deduction from accumulated compensatory leave or vacation
leave, to be determined in advance of the implementation of the variable work
week arrangement.
23.23 Specific Application
For greater certainty the following provisions shall be
administered as provided herein:
- Designated Paid Holidays
- A designated paid holiday or a lieu day is
equivalent to
seven decimal five (7.5) hours.
- When a designated paid holiday falls on an
employee's scheduled day off which results from the application of the variable
work week, the holiday shall be moved to a later date following consultation
with the employee. If mutual agreement cannot be reached, management will
determine the day to which the holiday is moved.
- When an employee to whom paragraph
26.04(d) applies works on a designated holiday or the day to which the holiday
is moved, the employee shall be paid at the straight-time hourly rate for all
regularly scheduled hours worked under the variable work week arrangement.
Hours worked in excess of these scheduled hours will be compensated in
accordance with Article 25. This principle shall also apply to non-operating
employees.
- Sick
Leave
Employees
shall earn sick leave credits at the rate prescribed in Article 19 of this
Agreement but days shall be converted to hours by multiplying the number of
days by seven decimal five (7.5) hours. Leave will be granted on an hourly
basis with the hours debited for each day of sick leave being the same as the
hours the employee would have been scheduled to work on that day.
- Vacation
Leave
Employees
shall earn vacation leave credits at the rates prescribed for their years of
service, as set forth in Article 17 of this Agreement, but credits shall be
converted to hours on the basis of one (1) day equals seven decimal five (7.5)
hours. Leave will be granted on an hourly basis with the hours debited for each
day of vacation leave being the same as the hours the employee would have been
scheduled to work on that day.
- Other Types of Leave
- The days available where specified in this
Agreement shall be converted to hours by multiplying the number of days by
seven decimal five (7.5) hours.
- Leave will be granted on an hourly basis
with the hours debited for each day of leave being the same as the hours the
employee would have been scheduled to work on that day.
- Overtime
- All employees will be paid at their
straight-time hourly rate for all work performed during their regularly
scheduled hours of work under the variable work week arrangement. Hours worked
in excess of these scheduled hours will be compensated in accordance with
Article 25.
- Compensation for all work performed on a
day of rest will be paid in accordance with Article 24.
- Work performed on an "earned day off"
(EDO) resulting from the application of the variable work week arrangement will
be paid at time and one-half (1 1/2) for all hours worked provided the EDO
cannot be re-scheduled; an EDO shall not be considered as a day of rest for the
purposes of Article 24.
- Training
and Travel
Where
training and/or travel is involved, an employee may be taken off the variable
work week schedule.
- Travel
Except
in cases where an employee has been taken off the variable work week schedule,
employees will be paid at their straight-time hourly rate for all travel and/or
work during their regularly scheduled hours of work under the variable work
week arrangement. Hours travelled in excess of these scheduled hours will be
compensated at the premium rates specified under Article 27.
- Minimum Number of Hours Between Shifts
The
provision in this Agreement relating to the minimum period between the
termination and commencement of the employee's next shift shall not apply to an
employee subject to variable hours of work.
- Termination
Either
local management or authorized local representatives of the Local may terminate
a variable work week arrangement following thirty (30) days' written notice
from either party to the other, providing that prior discussions on the termination
have been held.
- The
foregoing is not intended to cover all terms and conditions and/or variable
work week arrangements.
24.01 A "day of rest" is defined
in article 2, paragraph (f).
24.02 The Employer shall schedule days of
rest. Days of rest shall be scheduled on consecutive calendar days and shall
consist of two (2) or more such days.
- Non-Operating
Employees
- The first (1st) day of rest shall be the
twenty-four (24) hour period commencing at 00:00 on Saturday.
- The second (2nd) day of rest shall be the
twenty-four (24) hour period commencing at 00:00 on Sunday.
- Operating Employees
- When any shift falls completely within one (1)
day and two (2) or more consecutive calendar days are scheduled as days of rest
for an employee:
- the first (1st)
day of rest will be that twenty-four (24) hour period which commences
immediately after midnight following the employee's preceding regularly
scheduled shift;
- the second (2nd)
day of rest will be that twenty-four (24) hour period which commences
immediately after midnight following the employee's first (1st) day of rest;
- a subsequent
day of rest will be that twenty-four (24) hour period which commences
immediately after midnight following the employee's preceding day of rest.
- When any shift overlaps two (2) days:
- the first (1st)
day of rest will be that twenty-four (24) hour period commencing four (4) hours
after the end of the employee's preceding scheduled shift;
- the second (2nd)
day of rest will be that twenty-four (24) hour period commencing immediately
after the end of the employee's first (1st) day of rest;
- a subsequent
day of rest will be that twenty-four (24) hour period commencing immediately
after the preceding day of rest.
- The
Employer will make every reasonable effort, subject to the operational
requirements of the service, to arrange schedules which will permit employees
to have a consecutive Saturday and Sunday off at least once every five (5)
weeks unless the majority of the employees affected by the schedule express a
preference not to do so.
24.03 For there to be a second (2nd) or
subsequent day of rest, the days of rest scheduled for the employee must
consist of an unbroken series of consecutive and contiguous calendar days
numbering two (2) days or more.
24.04
When a day designated as a holiday under clause 26.01 coincides with an
employee's day of rest, the holiday shall be moved to the employee's first (1st)
scheduled working day following his or her day of rest, or to the second (2nd) day
following his or her day of rest if the employee would otherwise lose credit
for a designated holiday.
24.05 Work performed on a day of rest shall
be paid at one and one-half (1 1/2) times an employee's straight-time hourly
rate for the first (1st)
seven decimal five (7.5) hours (exclusive of a meal break) and twice (2X) the
employee's straight-time hourly rate for all hours in excess of seven decimal
five (7.5) hours for that day.
24.06 In an unbroken series of consecutive
and contiguous days of rest, an employee shall be paid at twice (2X) his or her
straight-time hourly rate on a day of rest, provided the employee has worked
and has received one and one-half (1 1/2) times his or her straight-time hourly
rate in accordance with clause 24.05 for any day of rest in that series.
24.07 At the discretion of the Employer,
employees on temporary assignment outside of their Headquarters area, other
than those on training courses, may be given the opportunity to work on what
would otherwise be normal days of rest, where practicable and when work is
available. Such work will be paid for at the appropriate overtime rate.
25.01 An employee shall be
paid at his or her straight-time hourly rate for all work performed during his
or her regularly scheduled hours of work, including all work performed during
regularly scheduled hours of work which embraces not more than two (2) hours of
the latter part of a day designated as a holiday or not more than two (2) hours
of the latter part of a second (2nd) day of rest, and not more than two (2)
hours at the beginning of the following day.
25.02 Each completed six (6)
minute period of overtime shall be compensated for at the following rates:
- time and one-half (1 1/2) for hours worked other than provided in 25.01;
- notwithstanding clause 25.01, double (2) time for all hours
worked in excess of twelve (12) in a continuous period of work, or, in excess
of twelve (12) hours of work in a day. This section shall not apply to Article 27
"Travel", except as specifically provided in Article 27;
- an authorized break of up to one (1) hour will not be considered as breaking
the continuity of hours worked in order to qualify under paragraph 25.02(b).
25.03 "Time and one-half"
is one and one-half (1 1/2) times the straight-time hourly rate.
25.04 "Double time"
is twice (2X) the straight-time hourly rate.
25.05 Except for employees
serving abroad with Foreign Affairs and International Trade where current local
conditions for payment of meals will continue, employees working overtime will
be granted meal breaks and compensated for meals as follows:
- an employee who works three (3) or more hours of overtime
immediately before his or her scheduled hours of work shall be provided a paid
meal break of up to one-half (1/2) hour duration and be reimbursed his or her
expenses for one (1) meal in the amount of
ten dollars and fifty cents ($10.50);
- An employee who works three (3) or more
hours of overtime
immediately following his or her scheduled hours of work shall be provided a
paid meal break of up to one-half (1/2) hour duration and be reimbursed his or
her expenses for one (1) meal in the amount of
ten dollars and fifty cents ($10.50).
- For each four (4) hours an employee works overtime continuously extending
beyond the period provided in paragraph (a) or (b) above, he or she shall be
provided a paid meal break of up to one-half (1/2) hour and be reimbursed at
the rate of ten dollars and fifty cents ($10.50) for each meal.
- When, at the request of the employee, a meal period of more
than one-half (1/2) hour can be arranged and taken prior to the beginning of an
overtime assignment such meal period shall be unpaid time and no reimbursement
for expenses will be made. Utilization of this option shall not serve to deny
an employee entitlement under paragraph (c) above.
25.06
- If an employee is given instructions, prior to his or her leaving work, to work
overtime which is not contiguous to his or her work period and the period of
non-contiguous overtime commences twenty-four (24) hours or less from the end
of the period of work in which the employee receives such instructions, the
employee shall be paid for the time actually worked at the applicable overtime
rate, or a minimum of three (3) hours' pay at straight-time, whichever is the
greater.
- If an employee is scheduled in writing or otherwise informed prior to his or
her leaving work, to work overtime which is not contiguous to his or her work
period and the period of non-contiguous overtime commences more than twenty-four
(24) hours from the end of the period of work in which the employee receives
such instructions, the employee shall be paid for the time actually worked at
the applicable overtime rate, or a minimum of one (1) hour's pay at straight
time, whichever is the greater. However, if the employee is required to report
more than once within that period, he or she shall be compensated in accordance
with paragraph (a) above.
25.07
- When an employee is required to work either contiguous or non-contiguous
overtime and is required to use other than normal public transportation
services, the employee's entitlement to transportation costs will be as
provided in the Travel Policy.
- Other than when required by the Employer to use a vehicle of the Employer for
transportation to a work location other than his or her normal place of work,
time spent by the employee reporting to work or returning to his or her
residence shall not constitute time worked.
25.08
- When operational requirements permit, an employee assigned
to work away from his or her assigned permanent headquarters or aboard ship may
accumulate time off in lieu of overtime at the appropriate overtime rate. Such
time off will be liquidated at a mutually acceptable time.
- If any time off in lieu of overtime earned under paragraph 25.08(a) cannot be
liquidated by the end of the fiscal year, then, at the request of the employee
and with the approval of the Employer, payment in cash will be made at the
employee's rate of pay as of March 31st.
- Overtime earned within the assigned permanent headquarters area or overtime
earned outside the headquarters area which does not require an overnight stay
shall be compensated in cash, except where, upon request of an employee and,
with the approval of the Employer, an employee may be granted time off in lieu
of overtime at the appropriate overtime rate.
- If any time off in lieu of overtime earned in paragraph 25.08(c) cannot be
liquidated by the end of the fiscal year, then payment in cash will be made at
the employee's rate of pay as of March 31st.
25.09 The Employer will
make every reasonable effort:
- to allocate overtime work on an equitable basis among readily available
qualified employees;
- to give employees who are required to work overtime, adequate advance notice of
this requirement;
- unless otherwise agreed to locally between management and local union
representatives, the period of equitable distribution of overtime referred to
in paragraph (a) above is over a twelve-month (12) period as determined by the
Employer.
25.10 An employee aboard
ship who performs overtime work which is not contiguous to his or her regularly
scheduled hours of work shall be paid the greater of:
- compensation at the applicable overtime rate for the time worked,
or
- one (1) hour's pay at the straight-time rate.
Note:
For the purpose of determining lieu days under clauses 26.05,
26.07, 26.08 and 26.09, when Easter Monday and/or Good Friday fall in the month
of March, such day(s) shall be deemed to be contained in the following fiscal
year.
26.01 Subject to clause 26.02, the
following days shall be designated as holidays with pay:
- 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) day in each year in addition to those listed above
which, 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 additional day shall be the first (1st) Monday
in August,
and
- One (1)
additional day when proclaimed by an Act of Parliament as a National Holiday.
26.02
- Clause
26.01 does not apply to an employee who is absent without permission on his or
her scheduled working day immediately preceding or his or her scheduled working
day immediately following the designated holiday.
- There
shall be no payment for designated holidays which occur within a period of
leave without pay.
- An
employee who is not required to perform work on a day designated as a holiday
in this Agreement shall be paid at his or her straight-time rate for what would
otherwise have been his or her regularly scheduled daily hours had it not been
a holiday.
26.03 Subject to clauses 26.05 and 26.06
the following shall apply to Non-Operating Employees:
- When
a day designated as a holiday under clause 26.01 coincides with an employee's
day of rest, the holiday shall be moved to the employee's
first (1st) scheduled working day following his or her day of rest, or the
second (2nd) day following his or her day of rest if the employee would
otherwise lose credit for a designated holiday.
- when a day designated as a holiday is
moved to another day, in accordance with paragraph (a) above, 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;
- work
performed by an employee on the day to which the holiday was moved under
paragraph 26.03(b) shall be considered as work performed on a holiday;
- when
a day that is a designated holiday for an employee falls within a period of
leave with pay, the holiday shall not count as a day of leave;
- when
an employee covered by this clause is required to work on a holiday he or she
shall be paid, in addition to the pay he or she would have received had he or
she not worked on the holiday, one and one-half (1 1/2) times his or her
straight-time hourly rate for all hours worked by him or her up to seven
decimal five (7.5) hours, exclusive of a meal break, and twice (2X) his or her
straight-time hourly rate for hours worked in excess of such seven decimal five
(7.5) hours subject to clause 25.05 in respect of meal breaks;
- notwithstanding
paragraph 26.03(e), an employee assigned to duty outside his or her
headquarters' area (other than to training courses conducted under Article 43)
who cannot return to his or her headquarters' area for a designated holiday
without incurring additional expense to the Employer shall, if he or she so
requests and sufficient work is available, work the holiday. For such work the
employee shall receive his or her normal daily rate of pay and be provided with
a lieu day to be taken at a mutually acceptable time. Hours worked in excess of
normal daily hours will be paid for in accordance with Article 25, Overtime.
26.04 The following shall apply to all
employees whose designated paid holidays are governed by one of the following
clauses - 26.05, 26.07, 26.08 or 26.09:
- The
normal work schedule shall require the employees to work on days designated as
paid holidays in clause 26.01 or the day to which the holiday is moved as
provided in paragraph 26.04(b).
- When
a day which is otherwise designated as a paid holiday as provided in clause 26.01
coincides with an employee's day of rest, the holiday shall be moved to the
employee's first (1st) scheduled working day following his or her day of rest
or the second (2nd) day following his or her day of rest if the employee would
otherwise lose credit for a designated holiday.
- When
a day designated as a holiday is moved to another day, in accordance with
paragraph (b) above, work performed by an employee on the day from which the
holiday is moved shall be considered as work performed on a day of rest.
- Employees
who work on designated paid holidays, or the day to which the holiday is moved
as provided in paragraph 26.04(b) shall be paid at their straight-time hourly
rate for all regularly scheduled hours of work. For hours worked in excess of
such seven decimal five (7.5) hours employees shall be paid in accordance with
Article 25, Overtime.
26.05 The following shall apply to all
Operating Employees except those covered by clause 26.06 and to Non-Operating
Employees at isolated posts with an Environment Allowance Classification of 4
or 5:
- on
April 1st of each year each employee shall be credited with eleven (11) days in
lieu of designated holidays ("lieu days");
- a
deduction shall be made from the credited lieu days for which the employee is
absent without permission on the designated holiday as listed in clause 26.01
or the day to which the holiday is moved as provided in paragraph 26.04(b);
- lieu
days may be taken in conjunction with days of rest or vacation leave or a
combination thereof or as occasional days and shall be charged against the lieu
day credits on the basis of one (1) shift for one (1) day;
- an
employee's lieu days shall be scheduled in the fiscal year in which they are
credited to him or her. In scheduling such lieu days the Employer shall,
subject to the operational requirements of the service, make every reasonable
effort:
- to schedule an employee's lieu days on the
dates requested when such a request is made in writing prior to May 1st;
- to give next priority to scheduling lieu
days on the dates requested when such a request is made in writing prior to
October 1st;
- to make available to the employee
alternative dates, which the employee may accept or decline, for lieu days, the
request for which is made by the employee prior to October 1st, and which
cannot be accommodated by the Employer;
- to schedule any remaining lieu days, after
consulting with the employee, if as of October 1st the Employer has been unable
to accommodate an employee's request or no request has been filed; such
schedule shall be subject to at least twenty-eight (28) days' advance notice;
such lieu days shall be scheduled in conjunction with the employee's days of
rest or annual vacation and shall not be in excess of five (5) days in any
calendar month except by mutual consent;
- to provide by mutual agreement lieu days
requested on shorter notice, notwithstanding the above.
- If
an employee's scheduled lieu days are cancelled by the Employer with less than
seven (7) days' notice the Employer shall pay the employee for the first (1st) shift
worked of the cancelled lieu days a premium payment equal to the amount shown
in note 5 of Appendix B-1. Within five (5) days of such notice of cancellation,
the Employer will consult with the employee to establish alternative lieu days.
**
- When
operational requirements prevent the Employer from providing lieu days to which
the employee was entitled prior to the end of the fiscal year, the remaining
days shall be liquidated by the Employer by a premium payment equal to eleven
decimal two five (11.25) times the employee's hourly rate for each day
liquidated. The premium payment for a half (1/2) day shall be half of the
amount.
26.06 Clauses 26.03 and 26.05 shall not
apply to employees while employed at Isolated Posts with an Environment
Allowance Classification of 1, 2 or 3 or while assigned aboard ship away from
home port. Such employees shall be entitled to days in lieu of holidays as
provided in clauses 26.07, 26.08, 26.09 and subject to clause 26.04.
26.07 For all employees as described in
clause 26.06 who are so employed at the beginning of the fiscal year and when
it is anticipated they will be continuously so employed to or beyond the end of
the fiscal year, clause 26.01 shall not apply and the following shall apply:
- On
April 1st of each year such employees will be credited with eleven (11) lieu
days.
- A deduction shall be made from the credited lieu days for
any instance in which the employee is absent without permission on the day
recognized as the designated holiday in clause 26.01 or the day to which the
holiday is moved as provided in paragraph 26.04(b).
- Such
lieu days shall be scheduled so they will be taken contiguously with the
employee's vacation leave in that fiscal year.
**
- If
for any reason the employee's lieu days have not been taken by the end of the
fiscal year in which they were earned the days remaining shall be liquidated by
the Employer by a premium payment eleven decimal two five (11.25) times the
employee's hourly rate for each day liquidated. The premium payment for a half (1/2)
day shall be half of the amount.
26.08 For all employees as described in
clause 26.06, who after the beginning of the fiscal year are assigned for a
period anticipated to extend to or beyond the end of the fiscal year, clause 26.01
shall not apply during such period and the following shall apply:
- the
employee will be credited with one (1) lieu day for each holiday he or she has worked
during the period, provided he or she was not absent without permission on the
day recognized as a designated holiday in clause 26.01 or the day to which the
holiday is moved as provided in paragraph 26.04(b);
- lieu
days thus accumulated shall be taken contiguously with the employee's vacation
leave in the current or the following fiscal year.
26.09 For all employees as described in
clause 26.06 who on or after the beginning of the fiscal year are assigned for
a period known to be less than the balance of the fiscal year, clause 26.01
shall not apply during such period and the following shall apply:
- on
the completion of the term of the assignment the employee will be credited with
one (1) lieu day for each holiday he or she has worked during the period,
provided he or she was not absent without permission on the day recognized as a
designated holiday in clause 26.01 or the day to which the holiday is moved as
provided in paragraph 26.04(b).
**
-
-
Employees who complete their assignments
before January 2nd in any fiscal year shall take their accumulated lieu days at
a time preferred by the employee before the end of the fiscal year, operating
requirements permitting. Unused lieu days as of March 31st shall be liquidated
by the Employer by a premium payment equal to eleven decimal two five (11.25)
times the employee's hourly rate for each day liquidated. The premium payment
for a half (1/2) day shall be half of the amount.
- Employees who complete their assignments
on or after January 2nd may take their lieu days as provided for in paragraph (i) above or may carry all or part of them over into the next fiscal
year.
26.10 Any lieu days taken under clauses 26.05,
26.07, 26.08 or 26.09 in advance of holidays occurring after the date an
employee ceases to be an employee or after he or she becomes subject to clause 26.03
shall be subject to recovery of pay.
26.11 Foreign Affairs
- For
employees serving abroad with Foreign Affairs and International Trade, only
clauses 26.01, 26.02 and 26.03 will apply. Such employees shall be entitled to
eleven (11) designated holidays each year. The holidays taken may be those
provided in clause 26.01 or may be other days substituted for holidays in
accordance with the provisions of the Foreign Service Directives. Holidays with
pay shall be designated for such employees by the Employer for each post abroad
at the beginning of each calendar year.
- Operating
Employees of Foreign Affairs and International Trade serving in Ottawa shall be
governed by the provisions of clause 26.04. A day designated as a holiday under
clause 26.01 shall be recognized and scheduled on the calendar day preceding or
succeeding those employees' days of rest scheduled closest to the actual day of
the holiday. Any day so taken in advance of a holiday occurring after the date
an employee ceases to be an employee shall be subject to recovery of pay.
26.12 The
following shall apply to employees who are classified as Electronic Systems
Instructors on a continuing basis:
- when
on a designated holiday an employee is required by the Employer to conduct a
course, scheduled in accordance with paragraph 43.06(b), the employee shall be
given a lieu day with pay to be taken at a mutually agreed time and, in
addition to the pay the employee would have received had he or she not worked
on the holiday, one-half (1/2) times his or her straight-time hourly rate for
all hours worked by him or her up to seven decimal five (7.5) hours, exclusive of a meal break. Hours worked in
excess of such seven decimal five (7.5) hours, will be paid at twice (2X) the
employee's straight-time hourly rate;
- if
an operating employee who anticipated and was previously granted the statutory
holiday in the form of a "lieu day" shall receive only pay at the
straight-time rate for the first (1st) seven decimal five (7.5) hours worked on
the statutory holiday;
- if
an operating employee has any lieu days to his or her credit at the time of
becoming an Electronics Systems Instructor, the disposition of such lieu days
shall be mutually agreed upon by the employee and the Employer at the
commencement of the assignment;
- if
for any reason the employee's lieu days have not been taken by the end of the
fiscal year in which they were earned the days remaining shall be liquidated by
cash payment at the employee's daily rate of pay as of March 31st. Payment for
a half (1/2) day shall be one-half (1/2) the employee's daily rate of pay as of
March 31st;
- notwithstanding
the above, when Good Friday and/or Easter Monday fall in the month of March,
such day(s) shall be deemed to be contained in the following fiscal year.
27.01 This article shall not apply to an
employee for the travel involved in respect of a transfer or posting which is
subject to the Relocation Policy.
27.02 Employees in travel status will be
reimbursed for all reasonable expenses in accordance with the current Travel
Policy.
27.03 When an employee travels through more
than one (1) time zone, computation will be made as if the employee had
remained in the time zone of the point of origin for continuous travel and in
the time zone of each point of overnight stay after the first (1st) day of
travel.
27.04 In making travel arrangements for
employees, every reasonable effort shall be made to minimize the amount of time
the employee is away from his or her headquarters area. For trips entailing
more than one (1) day of travel the employee's regular scheduled hours of work
for each day of his or her itinerary are to be established in advance for each
day of travel in accordance with paragraph 27.05(b) prior to the commencement
of his/her trip.
27.05 When in the performance of his or her
duties an employee is required by the Employer to travel by authorized means of
transport, time necessarily spent in such travel shall be considered as time
worked and compensated for as follows:
- Planned Overnight
Stay
When an
employee's travel itinerary includes an overnight stay between the first (1st) and
second (2nd) day of travel, and where good sleeping accommodation is available
at the Employer's expense, and when the employee has eight (8) continuous hours
available to him or her after 21:00 and before 08:00 hours to utilize such
accommodation, the employee shall be compensated as provided for in paragraphs
(b), (c) and (d) below for all hours travelled and/or worked before his or her
arrival at and after his or her departure from the point of his or her
overnight stay.
- Travel During Regular Hours
Except
as provided in paragraphs 27.05(e) and (g), at the employee's straight-time
hourly rate for all hours during his or her regularly scheduled hours of work
(minimum - the employee's daily rate of pay). When an employee is travelling
for a period of more than one (1) day, his or her regularly scheduled hours of
work shall be considered as being seven decimal five (7.5) consecutive hours
(exclusive of a meal break) between the hours of 08:00 and 18:00 for each day
of travel.
- Travel
in Excess of Regular Hours
Except as provided in paragraphs 27.05(d)
to (h) inclusive, at time and one-half (1 1/2) the employee's straight-time
hourly rate for:
- all hours other than in paragraph (b)
above,
and
- the first (1st) seven decimal five (7.5)
hours (exclusive of a meal break) on a designated holiday or first (1st) day of
rest for travel or any combination of travel and work.
- Travel on Designated
Holidays and Days of Rest
At twice
(2X) the employee's straight-time hourly rate for hours
travelled or any combination of travel and work in excess of
seven decimal five (7.5) hours (exclusive of a meal break) on a designated holiday
or first (1st) day of rest and all hours on a
second (2nd) and subsequent day of rest, except that where good sleeping
accommodation is provided or available at no expense to the employee and the
employee has eight (8) continuous hours between 21:00 and 08:00 hours to
utilize such accommodation, that eight (8) hours shall be exempt from payment.
- Travel and Work Less
Than Twenty-four (24) Hours, No Sleeping Accommodation
If,
within any period of twenty-four (24) consecutive hours, an employee is
required by the Employer to travel by authorized means of transport to and/or
from a work location other than his/her normal place of work, such time spent
shall be considered as time worked. When, in such case, on a regular work day,
any period of such travel and work exceeds
seven decimal five (7.5) consecutive hours, exclusive of a meal break, the
hours in excess of such seven decimal five (7.5) hours shall be paid for at one
and one-half (1 1/2) times the employee's straight-time hourly rate except that
if the period of such travel and work exceeds twelve (12) consecutive hours
exclusive of meal breaks, the hours in excess of twelve (12) in any continuous
period of such travel and work will be paid for at twice (2X) the employee's
straight-time hourly rate. To qualify for double (2) time as provided above,
the employee's contiguous periods of travel and work must begin and end within
a continuous period of twenty-four (24) hours.
In the
above, where any hours involved are on a designated holiday or days of rest,
the rates will be replaced as applicable in accordance with paragraphs 27.05(c)
and (d) above.
- Passenger Aboard
Vehicle With Sleeping Accommodation|
When an
employee travels as a passenger aboard an authorized means of transport which
provides good sleeping accommodation, and when the employee has eight (8)
continuous hours available to him or her after 21:00 and prior to 08:00 hours
to utilize such accommodation, the employee shall be compensated at his or her
straight-time hourly rate for all hours except the eight (8) hours referred to
above.
Any time
an employee ceases to be a passenger on assuming specific duties, the time so
spent shall be compensated in accordance with Articles 23 and 25. On ceasing to
perform said specific duties the employee shall resume the status of a
passenger.
In the
above, where any hours involved are on a designated holiday or days of rest,
the straight-time rate will be replaced as applicable in accordance with paragraphs
27.05(c) and (d) above.
- Travel and Work Less
than Twenty-four (24) Hours, With Sleeping Accommodation
Notwithstanding
paragraph 27.05(f) above, any situation when an employee is travelling to
and/or from work locations aboard an authorized means of transport which
provides good sleeping accommodation, and his or her combination of travel and
work does not exceed twenty-four (24) hours, time spent shall be considered as
time worked. When, in such case, on a regular work day, any period of such travel
and work exceeds seven decimal five (7.5) consecutive hours, exclusive of a
meal break, the hours in excess of such
seven decimal five (7.5) hours shall be paid for at
one and one-half (1 1/2) times the employee's straight-time hourly rate except that
if the period of such travel and work exceeds twelve (12) consecutive hours,
the hours in excess of twelve (12) in any continuous period of such travel and
work will be paid for at twice (2X) the employee's straight-time hourly rate.
To qualify for double time as provided above, the employee's contiguous periods
of travel and work must begin and end within a continuous period of twenty-four
(24) hours. Where good sleeping accommodation is available and the employee has
eight (8) continuous hours between the hours of 21:00 and 08:00 to utilize such
accommodation the eight (8) hours involved shall be exempt from payment.
In the
above, where any hours involved are on a designated holiday or days of rest,
the rates will be replaced as applicable in accordance with paragraphs 27.05(c)
and (d) above.
- Unforeseen and
Unavoidable Delays
When an
employee is subject to an unforeseen or unavoidable delay while travelling
between assigned work locations, and that delay is at such a time and for such
duration that the employee can utilize overnight accommodation, the employee
shall be compensated for all hours of that delay at his or her straight-time
hourly rate, except that where good sleeping accommodation is available at no
expense to the employee and when the employee has eight (8) continuous hours
available to him or her after 21:00 and prior to 08:00 hours to utilize such
accommodation, that eight (8) hours will be exempt from payment. The straight-time
payment will continue during the period of such delay until such time as the
employee again commences travelling.
In the
above where any hours involved are on a designated holiday or days of rest, the
straight-time rate will be replaced as applicable in accordance with paragraphs
27.05(c) and (d) above.
27.06
- An
employee assigned to a military establishment when in travel status will not be
required to make use of the establishment for accommodation and messing except
where it is evident that to stay elsewhere would be inconsistent with good
order and common sense (for example certain training courses, no suitable
commercial accommodation is convenient and available etc.).
- Subject
to paragraph 27.06(a) when an employee is required to utilize service
accommodation, such accommodation shall be the equivalent, where available, of
good commercial accommodation.
27.07 With the approval of the
Employer, an employee may be permitted to use his or her private motor vehicle
in place of a public carrier to proceed on training courses provided there is
no extra cost to the Employer. The employee will be allowed the equivalent
travel time and expenses including the lowest transportation costs as if
he or she had travelled by public carrier. The public transportation costs will
be the lowest available when the employee was notified in writing or in
electronic format by the Employer that he or she had to attend a training
course.
27.08 For every employee proceeding on
leave with pay from an isolated post, the Employer will approve leave of
absence with pay for the lesser of:
- three
(3) days;
or
- the
actual time required to travel from his or her post to a point of departure and
to return from a point of the departure to his or her post.
In this section "isolated posts" and "point
of departure" have the same meaning as given to these expressions in the
Isolated Posts Directive.
In the event of unavoidable delays at northern
transportation terminals, additional travel time may be allowed.
It is understood by the parties that the above applies to an
employee using his or her private motor vehicle where such use is practicable
and it is understood that a maximum of one (1) day's leave shall compensate for
all hours travelled in a day.
27.09
- Upon
request by the employee and with the approval of the Employer, compensation at
the applicable overtime rate earned under this article may be granted as
compensatory leave with pay. Such time off will be liquidated at a mutually
acceptable time.
- If
any time off in lieu of overtime earned in accordance with paragraph 27.09(a) cannot
be liquidated by the end of the fiscal year, then payment in cash will be made
at the employee's hourly rate of pay as of March 31st.
27.10 Travel Status Leave
-
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 permanent residence for forty (40) nights during a fiscal year
shall be granted fifteen (15) hours off with pay. The employee shall be
credited with seven decimal five (7.5) hours off for each additional twenty (20)
nights that the employee is away from his or her permanent residence to a
maximum of sixty (60) additional nights.
**
-
Notwithstanding paragraph (a) above, an employee who has been required to
travel less than forty (40) nights and who is required to travel outside his or
her headquarters area on government business, as these expressions are defined
by the Employer, for twenty (20) consecutive nights, shall immediately be
entitled to seven decimal five (7.5) hours off with pay. These seven decimal
five (7.5) hours shall form part of the fifteen (15) hours off the employee
will earn if he or she is required to travel for forty (40) nights or more
during the fiscal year.
-
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.
-
The Employer shall grant the travel status leave at times convenient to both
the employee and the Employer.
-
If any of this leave cannot be liquidated by the end of the fiscal year, then
payment in cash shall be made at the employee's rate of pay as of March 31st.
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.
28.01 If,
- on a designated holiday or a day of rest,
or
- after
he or she has completed his or her work period and has left his or her place of
work and prior to reporting for his or her next regular scheduled work period,
an employee is called back to work and returns to work prior
to his or her next regular scheduled work period for a period of overtime the
employee shall be entitled to the greater of:
- compensation
at the applicable overtime rate for any time worked,
or
- compensation
equivalent to four (4) hours' pay at the straight-time rate.
28.02
- When
an employee is recalled to work overtime under the conditions described in
clause 28.01, and is required to use transportation services other than normal
public transportation services, the employee's entitlement to transportation
costs will be as provided in the Travel Policy.
- Other
than when required by the Employer to use a vehicle of the Employer for
transportation to a work location other than his or her normal place of work,
time spent by the employee reporting to work or returning to his or her
residence shall not constitute time worked.
28.03 Notwithstanding clause 28.01 an
employee called back to work and reports for work one (1) hour or less prior to
the commencement of his or her scheduled work period and the period of work for
which the employee was recalled is contiguous to the commencement of his or her
work period, shall receive only the applicable overtime rate for the period
worked prior to the commencement of his or her scheduled work period.
28.04
- When an employee is called back to work in accordance with clause 28.01 for a
period of overtime, the duration of which cannot be pre-determined, and works
four (4) hours or more of overtime, he or she shall be provided a paid meal
break of up to one-half (1/2) hour and a meal allowance of ten dollars and
fifty cents ($10.50).
- If the employee continues to work for four (4) hours or more of overtime beyond
the first (1st) four (4)-hour period in paragraph 28.04(a), he or she shall be
provided further paid meal breaks of up to one-half (1/2) hour and allowances
of ten dollars and fifty cents ($10.50) at the completion of this second (2nd)
and subsequent four (4)-hour period(s).
28.05
- Upon request by the employee and with the approval of the
Employer, compensation earned under this article may be granted in compensatory
leave with pay. Such time off will be liquidated at a mutually acceptable time.
- If any time off in lieu of overtime earned in accordance with
paragraph 28.05(a) cannot be liquidated by the end of the fiscal year, then
payment in cash will be made at the employee's hourly rate of pay as of March
31st.
29.01 When an employee is notified in
writing that he or she will be required to be available for work during his or
her off-duty hours, the employee shall be entitled to a standby payment of one (1)
hour's pay at the straight-time rate for each consecutive eight (8) hours or
portion thereof that he or she is required to remain available.
29.02 While an employee is not required to
have a telephone, an employee designated for standby duty shall be available
during his or her period of standby at a known telephone number and be able to
return to duty as quickly as is practicable when he or she is called, but in
any event not later than one (1) hour after he or she is called.
29.03 No payment for standby will be made
for any eight (8) hour period referred to in clause 29.01 if an employee is
unable to report for duty when required during that period.
29.04
- Upon
request by an employee and with the approval of the Employer, the standby
payment earned under clause 29.01 may be granted in compensatory leave with
pay. Such time off will be liquidated at a mutually acceptable time.
- If
any time off in lieu of the standby payment earned in accordance with paragraph
29.04(a) cannot be liquidated by the end of the fiscal year, then payment in
cash will be made at the employee's hourly rate of pay as of March 31st.
29.05 The Employer agrees that standby for
the afternoon and/or night shifts shall be on a five (5) day basis, Monday to
Friday inclusive.
29.06 When an employee is required for
standby duties on weekends one (1) employee per weekend will be assigned to
such standby unless mutually arranged otherwise at local work sites.
29.07
In respect of clauses 29.05 and 29.06, the Employer agrees to give seven (7) days'
notice of such standby requirement unless it is essential to provide a
replacement due to the inability of the assigned employee to assume or continue
standby duties.
29.08 The Employer shall have the right to
put an employee on standby duty in a specific instance where there is a
requirement known in advance.
29.09 When there is a known requirement for
standby duties on a continuing basis the Employer will use his best endeavours
to distribute the standby duties on an equitable basis among qualified available
employees and on a weekly basis.
29.10 An employee on standby who was called
into work and who reports to work in accordance with the above shall be
compensated in accordance with the Call-Back provisions of this Agreement.
29.11 In respect of employees of Foreign
Affairs and International Trade who are posted abroad and where an employee is
required to have a telephone installed, the Employer shall pay that portion of
the employee's telephone installation and rental cost which exceeds the Ottawa rate
for similar services.
29.12 The Employer agrees that in those
areas where electronic paging devices are both available and practicable they
will be provided without cost to those employees on standby.
30.01 An employee will
receive a shift premium of fifteen dollars ($15) for each shift worked on the
16:00 to 24:00 evening shift and for each shift worked on the 00:00 to 08:00
night shift.
30.02 An employee who in
the observance of a special shift schedule works four (4) or more hours during
the period of either of the aforementioned shifts shall be paid the appropriate
shift premium for such shift.
30.03
Where an operating employee's assigned workplace has shift cycles which have
scheduled shifts on Saturdays and Sundays and it is evident that these weekend
shifts will be on a continuing basis and are not affected by seasonal operations,
the employee shall receive a weekend premium of one dollar and fifty cents
($1.50) per hour for all regular hours worked on Saturday and/or Sunday at his
or her straight-time hourly rate in addition to the above shift premiums.