ARCHIVED - Translation (TR) 313
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11.01
- Subject
to the provisions of this Article, the Employer shall, as a condition of
employment, deduct an amount equal to the monthly membership dues from the pay
of all employees in the bargaining unit.
- Where
no dues deductions are made from an employee in respect of any given month as a
result of the employee not earning any pay in that month or not earning
sufficient pay to permit dues deductions to be made, the Employer shall not be
required to make deductions from that employee's subsequent salary in respect
of the month referred to above.
11.02 For the purpose of applying clause 11.01,
deductions from pay for each employee in respect of each month will start with
the first (1st) full calendar month of employment, to the extent
that earnings are available.
11.03 The Association shall inform the
Employer in writing of the authorized monthly deduction to be checked off for
each employee defined in clause 11.01. The Association shall give at least
three (3) months advance notice to the Employer of any amendments to the amount
of the authorized monthly deductions.
**
11.04 An employee, who satisfies the
Association as to the bona fides of
his claim and declares in an affidavit that he is a member of a religious
organization whose doctrine prevents him as a matter of conscience from making
financial contributions to an employee organization, and that he will make
contributions equal to dues to a charitable organization registered pursuant to
the Income Tax Act, shall not be
subject to this Article provided that the affidavit submitted by the employee
is countersigned by an official representative of the religious organization
involved. The Association will inform the Employer accordingly.
11.05 From the date of signing and for the
duration of this Agreement, no employee organization, as defined in Section 2
of the Public Service Labour Relations
Act, other than the Association, shall be permitted to have membership dues
as mentioned in clause 11.01, and/or other monies deducted by the Employer from
the pay of employees.
11.06 The amounts deducted in accordance
with clause 11.01 shall be remitted to the Association by cheque within a
reasonable period of time after deductions are made and shall be accompanied by
particulars identifying each employee and the deductions made on his behalf.
11.07 The Employer agrees to continue the
past practice of making deductions for other purposes on the basis of
production of appropriate documentation.
11.08 The Association agrees to indemnify
and save the Employer harmless against any claim or liability arising out of
the application of this Article except for any claim or liability arising out
of an error committed by the Employer in connection with the deduction of the
amount equal to the monthly membership dues.
12.01 Normal Work Week
- The
normal work week shall be thirty-seven and one-half (37 1/2) hours Monday
through Friday (the normal work day being seven and one-half (7 1/2) hours
worked between 8:00 a.m. and 6:00 p.m.) except for employees covered by Article
19, Parliamentary Leave and Interpretation Leave, or employees engaged in shift
work.
- To
meet ongoing operational requirements, the Employer may, notwithstanding
paragraph 12.01(a), ask employees to complete their normal work day between
7:00 a.m. and 9:00 p.m. The Employer shall consult the Association's head
office when it decides to use the present exceptional provision or to change a
work schedule implemented according to this paragraph.
- Before designating employees to work before 8:00 a.m. or
after 6:00 p.m., the Employer shall call for qualified volunteers. In
administrative units where no qualified volunteers are available, the Employer
shall designate employees to work.
- The
Employer shall give an employee thirty (30) calendar days' notice of initiation
or termination of the work arrangements described in paragraph 12.01(b).
- When,
due to exceptional circumstances, the Employer changes the employee's schedule
pursuant to paragraph 12.01(b) less than thirty (30) calendar days before the
coming into force of the new scheduled hours, the employee shall be paid double
(2) time for the first (1st) working day of the new scheduled hours.
The provisions of Note 5(m) to Appendix "A" shall apply to the rest
of the period.
- An
employee shall not work a schedule of hours pursuant to the terms of paragraph 12.01(b)
for more than four (4) months, unless the employee agrees to extend the period
and if no qualified person is available to replace him.
- Except
in cases of emergency, where scheduled hours are to be changed so that they are
different from those specified in paragraph 12.01(a) or from a work schedule
implemented in accordance with 12.01(b), the Employer shall consult with the
Association' head office on such hours of work and shall show that such hours
are required to meet its operational requirements.
- Upon application by the
employee, the Employer may authorize the employee to work his normal work day
so it is different from that specified in paragraph 12.01(a). In such a case,
the Employer shall consult the Association's head office beforehand.
- The
employee shall not normally be required to submit an attendance report more
than once a month.
12.02 Compressed Work Week
- Where operational requirements permit and with the approval
of the Employer, employees covered by paragraph 12.01(a) may complete their
hours of work between 7:00 a.m. and 8:00 p.m., and other than on a five-day (5)
basis.
- Notwithstanding
anything to the contrary contained in this Agreement, the implementation of any
variation in hours shall not result in any additional overtime work or
additional payment by reason only of such variation, nor shall it be deemed to
prohibit the right of the Employer to establish the hours of work.
12.03 Shift Work Employees
-
- In the case of employees engaged in shift
work, the standard hours of work shall be, on average, thirty-seven and one-half
(37 1/2) hours each week, for the shift period.
- Where operational requirements permit,
meal periods shall be granted to employees by the Employer.
- Where operational requirements permit,
the days of rest of an employee shall be consecutive and shall in no case be
less than two (2).
- In this clause, "shift work schedule"
means the allocation of shifts over a period not to exceed two (2) consecutive
months.
- The
Employer shall endeavour by all means in its power to allocate shifts in such a
way that:
- employees shall rotate through the various
shifts in such a manner that the requirements for working night shifts, evening
shifts and weekends will be shared, to the extent that operational requirements
will permit, by all employees covered by the shift schedule;
- employees are not required to work less
than seven (7) hours or more than nine (9) hours for any one (1) shift;
- no shift shall be scheduled starting
within the sixteen (16)-hour period following the end of the employee's last
shift.
- Provided it will not result in
additional costs to the Employer, employees in the same service may exchange
shifts with the permission of the shift supervisor. Such permission shall not
be unreasonably withheld. Once the exchange is approved, the work schedule
shall then become the official shift work schedule for the service.
-
- The Employer agrees that, before any change
is made to a shift work schedule, the employees affected by such change shall,
wherever possible, receive notice of such change at least seven (7) days in
advance.
- When an employee is required to move from
one (1) shift to another without receiving at least twenty-four (24) hours
notice of such change, he shall be paid time and one-half (1 1/2) for the first
(1st) day of this new shift.
- Within
the established rotational system, an employee who performs the functions of
substitute may not be so assigned for a period exceeding two (2) consecutive
months.
12.04
Interpreters
- On average, an interpreter's normal work
day shall consist of six (6) hours of interpretation when part of a team of
three (3) interpreters for a meeting in a single bilingual booth, (or a team of
two (2) interpreters for a meeting in a trilingual booth), or approximately
four (4) hours of interpretation when part of a team of two (2) interpreters
for a meeting in a single bilingual booth.
- The number and make-up of the teams of
interpreters shall be determined on the basis of the workload.
- For
simultaneous interpretation, the minimum number is:
- In the
case of meetings involving two (2) working languages, three (3) interpreters in
a single bilingual booth working for up to six (6) hours (it being understood
that a team should not normally work for more than four (4) consecutive hours);
or two (2) interpreters working for up to four (4) hours (it being understood
that a team should not normally work for more than three (3) consecutive
hours).
- In the
case of meetings involving three (3) working languages, at least two (2)
interpreters per unilingual booth working for up to six (6) hours (it being
understood that a team should not normally work for more than four (4)
consecutive hours).
- In the
case of meetings involving four (4) working languages, at least two (2)
interpreters per unilingual booth working for up to six (6) hours, and three (3)
interpreters where conditions warrant (it being understood that a team should
not normally work for more than four (4) consecutive hours).
- At the
House of Commons, teams shall consist of three (3) interpreters per booth and
should not normally work for more than six (6) consecutive hours. The Employer,
after consultation with the Association, shall establish the roster of
interpreters accordingly.
- For
consecutive, elbow or escort interpretation, the number of interpreters on the
team shall normally be at least two (2) interpreters working a six (6)-hour
day.
- The total hours of work may vary
depending on operational requirements. However, the hours of work shall be
balanced on a monthly basis or, when possible, twice a month, with the Employer
making every reasonable effort not to assign more than thirty-seven and one-half
(37 1/2) hours of work per week, as a
general rule. Work shall be calculated in hours, with one hour of
interpretation equalling one point two-five (1.25) hours of work in the case of
a team of three (3) interpreters (or a team of two (2) interpreters working in
a single bilingual booth) and one point eight seven five (1.875) hours of work
in the case of a team of two (2) interpreters in a meeting involving two
working languages working in a single bilingual booth.
For elbow, consecutive or escort
interpretation, one (1) hour of interpretation shall equal one point eight
seven five (1.875) hours of work when the interpreter is alone and one point
two five (1.25) hours of work when the interpreter is part of a team.
The calculation of hours of work shall
include all duties expressly authorized by the Employer, as well as leaves and
holidays.
- As
a general rule, interpretation assignments shall be scheduled within time
blocks that begin at the time the interpreter is required to report for duty
and end twelve (12) hours later. The interpretation time of each
assignment is counted in minutes, beginning at the time recorded on the
interpreter's program and ending at the time the interpreter's presence is no
longer required.
- Where operational requirements allow it,
the Employer, when scheduling the interpreter's program, shall normally allow
for a twelve (12)-hour interval between the end of the interpreter's work day
and the start of his or her next time block.
- Where operational requirements allow it,
the Employer shall grant the interpreter two (2) consecutive days of rest
during each seven (7) calendar day period. Should it not be possible to grant
such a rest period, these days of rest shall be reinstated as soon as possible
through the operation of the monthly balancing process set out in paragraph (c)
above.
- Pursuant to paragraph (c), the Employer
shall post the interpreters' weekly and cumulative hours worked. Moreover,
where the Conference Interpretation Service is concerned, the Employer shall
post fortnightly the assignment program for the next two (2) weeks.
- An interpreter whose interpretation
assignment is cancelled and who is not reassigned for an equivalent period
during the same time block shall be deemed to have performed duties other than
interpretation during the idle portion of the scheduled assignment.
- An interpreter who is required by the
Employer to be on standby for a specified period shall remain available for the
duration of that period at a known telephone number and shall stand ready to
report for duty as quickly as possible if called. This period shall be deemed
part of the time block for the purposes of paragraph (d).
12.05 Special Work Arrangement for the
Translators
-
- Following
a call for qualified volunteers issued by the Employer to meet operational
needs, an employee may agree to a five-day week which, notwithstanding
paragraph 12.01(a), includes Saturday or Sunday or these two (2) days.
- An
employee who adopts a work week in accordance with paragraph 12.05(a)(i) will
be given at least two consecutive days of rest.
- The
provisions of Note (n) to Appendix "A" apply.
-
- Where
an employee agrees to change his normal work week pursuant to paragraph 12.05(a),
the Employer shall allow thirty (30) calendar days before the change takes
effect.
- An
employee who has adopted a work schedule under paragraph 12.05(a) may terminate
the arrangement by giving thirty (30) calendar days' notice.
- The
Employer may terminate the work arrangement adopted under paragraph 12.05(a) by
giving the employee thirty (30) calendar days' notice.
- The
thirty (30) days' notice may be changed if there is mutual consent regarding
the transition arrangements.
13.01 Exclusion
This article does not apply to employees covered by Article 19,
Parliamentary Leave and Interpretation Leave.
13.02 General
- All
calculations for overtime shall be based on each completed quarter (1/4) hour.
- Employees
shall record starting and finishing times of overtime work in a form determined
by the Employer.
- Except
in cases of emergency, call-back, or mutual agreement, the Employer shall,
wherever possible, give at least twelve (12) hours' notice of any requirement
for the performance of overtime.
**
- Where
operational requirements permit, the Employer shall make every reasonable
effort to allocate overtime work on an equitable basis among employees who are
deemed qualified by the Employer, provided the Employer endeavours to allocate
overtime first to those employees who have indicated a willingness to work
overtime.
- The
Employer will endeavour to make cash payments for overtime in the month following
the month in which the overtime was worked.
13.03 Compensation
- The
employee required to work overtime during the normal work week shall be granted
compensation at time and one-half (1 1/2) for the first seven and one-half (7 1/2)
consecutive hours of overtime worked on a normal workday and double (2) time
after that.
- If,
exceptionally, an employee is asked to work more than twenty-four (24) hours
without interruption, every hour in excess of twenty-four (24) is compensated
at double (2) time until the Employer makes the necessary arrangements to
ensure the employee gets an eight (8)-hour period during which he does not have
to work.
If the
Employer calls an employee back to work before the end of said eight (8)-hour
period, the employee goes on receiving compensation at double (2) time.
13.04 Compensation for Work on Day of Rest
Subject to clause 13.02:
- An
employee who is required to work on a day of rest shall be compensated at time
and one-half (1 1/2) for the first seven and one-half (7 1/2) hours and double (2)
time after that;
- an
employee who is required to work on a second (2nd) day of rest shall
be compensated at double (2) time provided that the employee also worked all or
part of the first (1st) day of rest. Second (2nd) day of
rest means the second (2nd) day in an unbroken series of consecutive
and contiguous calendar days of rest;
- when an employee works on a day of
rest consecutive and contiguous to a designated paid holiday on which he also
worked all or part of the day, he shall be compensated at double (2) time for
all the hours worked on that day of rest;
- where
an employee is required to and does report for work on a day of rest, the
employee shall be paid the greater of the following:
- three (3) hours compensation at the
applicable overtime rate, only once during an eight (8)-hour period,
or
- compensation at the applicable overtime
rate for the hours actually worked.
13.05 Compensation for Work on a Designated Paid Holiday
- When
an employee is required to work on a designated paid holiday, he shall be paid,
in addition to his normal daily rate of pay, on the basis of time and one-half (1
1/2) for the first seven and one-half (7 1/2) hours and double (2) time after
that;
- when
an employee works on a designated paid holiday consecutive and contiguous to a
day of rest on which he also worked all or part of the day, he shall be paid,
in addition to his normal straight-time hourly rate, on the basis of double (2)
time;
- when
an employee works on a second (2nd) designated paid holiday
consecutive and contiguous to a first (1st) designated paid holiday
on which he also worked all or part of the day, he shall be paid, in addition
to his normal straight-time hourly rate, on the basis of double (2) time for
all the hours worked on the second (2nd) designated paid holiday.
Second (2nd) designated paid holiday means the second (2nd)
day in an unbroken series of consecutive and contiguous calendar designated
paid holidays.
- where
an employee is required to and does report for work on a designated paid
holiday, the employee shall be paid the greater of the following:
- three (3) hours compensation at the
applicable overtime rate, only once during an eight (8)-hour period,
or
- compensation at the applicable rate under
paragraphs 13.05(a), (b) or (c).
13.06 Compensation for Shift Work
Employees working shifts shall be granted compensation as
follows:
- time
and one-half (1 1/2) for each hour worked beyond the normal hours of work in
each work week;
- time
and one-half (1 1/2) for each hour worked on the first (1st) day of
rest and double (2) time for each hour worked on additional and consecutive
days of rest;
- double
time (2) for each hour performed on a designated holiday.
13.07 Call-Back Pay
An employee who is called back to work by the Employer
without advance notice, after he has completed his normal work day and has left
his place of work, and who returns to work, shall be granted compensation at
the applicable overtime rate provided that the period worked does not directly
follow or precede the employee's normal hours of work, on either the day in
question or the following day. Under such circumstances, the employee shall be
paid the greater of the following:
- three
(3) hours compensation at the applicable overtime rate, only once during an
eight (8)-hour period,
or
- compensation
at the applicable overtime rate for the hours actually worked.
13.08 Standby Pay
- When the Employer requires an employee to be available on
standby for a specific period during off-duty hours, the employee shall be paid
at the rate of one half (1/2) hour at straight time for each four (4)-hour
period or portion thereof for which he has been designated as being on standby
duty.
- An
employee on standby who is called in to work by the Employer and who reports
for work shall be compensated in accordance with clause 13.07.
- An
employee required to be on standby duty shall be available during the period of
standby at a known telephone number and be able to report for duty as quickly
as possible if called.
- No
standby duty payment shall be granted if the employee is unable to report for
duty when required.
- The
Employer shall endeavour to allocate standby duties equitably among employees
and shall first call for volunteers within the service where standby is
required. Except in cases of emergency, the Employer shall also endeavour to
give reasonable advance notice to the employee required to be on standby.
13.09 Payments made under paragraph 13.04(c)
and clauses 13.07 and 13.08 shall not be pyramided; that is an employee shall
not receive more than one (1) compensation for the same service.
13.10 Compensatory Leave
- At
the employee's request, compensation earned under this Article is paid in cash
or converted into compensatory leave credits. Such credits being granted
subject to operational requirements.
- Compensatory
leave credits are calculated by dividing the compensation to which the employee
is entitled under this Article by the straight-time hourly rate which applies
to the employee.
- Compensatory leave credits
earned but not used by the end of a twelve (12)-month period, as determined by
the Employer and that remain outstanding by the end of the next four (4)-month
period, shall be converted into cash by multiplying the number of credit hours
by the straight-time hourly rate which applied to the employee on the last day
of the twelve (12)-month period.
Compensatory leave credits earned
under this paragraph shall be used before any other compensatory leave credits
earned thereafter.
13.11 Meal Reimbursement
- An
employee who works three (3) or more hours of overtime immediately before or
following his scheduled hours of work shall be reimbursed for one (1) meal in
the amount of ten dollars fifty ($10.50) except when the meal has been provided
free to the employee.
- When
an employee works overtime continuously extending four (4) hours or more beyond
the period provided in paragraph (a), the employee shall be reimbursed for one (1)
additional meal in the amount of ten dollars fifty ($10.50), except when the
meal has been provided free to the employee.
- Reasonable
time with pay, to be determined by management, shall be allowed the employee in
order that he may take a meal break either at or adjacent to his place of work.