APPENDIX "C"
The Employer and the Public Service Alliance of Canada agree, for the term of
this collective agreement, that Fishery Officers working on off-shore
surveillance and employed with the Department of Fisheries and Oceans will work
an average of nine and one-half (9 1/2) hours per day while in a Surveillance
Mode.
Surveillance Mode is defined as the period between the time at which a
Fishery Officer on off-shore surveillance reports to his or her surveillance
duty station and the time at which the Fishery Officer leaves his or her
surveillance duty station. Off-shore surveillance may be conducted by vessel or
aircraft. Surveillance Mode may be terminated due to delays in departure or
early return.
The normal overtime provisions of the collective agreement will apply to
these Officers with the following exceptions:
(a)
- Employees shall receive thirty-seven and one-half (37 1/2) hours pay at
the straight-time rate per week while in a Surveillance Mode. All overtime
earned and all compensation earned for work on a designated holiday shall
accumulate as compensatory leave. The compensatory leave earned while in a
Surveillance Mode shall be liquidated immediately after their return from
Surveillance Mode unless management deems this impractical due to
operational requirements.
- Seventy-five (75) hours of compensatory leave shall be held in a bank to
ensure that if an Officer is unable to make a scheduled trip and there is no
other work available, the Officer is eligible to request compensatory leave
from his or her seventy-five (75)-hour bank.
- At the request of an employee and with the approval of the Employer, at
any time during the fiscal year, the Employer may pay the requested
compensatory leave in excess of one-hundred and fifty (150) hours in cash at
the straight-time rate of pay in effect on the day on which compensatory
leave is granted.
- At the end of each fiscal year, all unliquidated compensatory leave in
excess of seventy-five (75) hours shall be paid in cash at the straight-time
rate of pay in effect on the day on which compensatory leave is granted.
(b) In addition, if the vessel or aircraft does not depart as scheduled on a
designated paid holiday or a day of rest, the reporting pay article of the
collective agreement shall apply.
(c) For the purpose of accumulation of paid leave, severance pay and in the
application of Pay Note 8 (pay increment periods) time spent by employees in
Surveillance Mode shall be deemed to be seven and one-half (7 1/2) hours per day
and/or thirty-seven and one-half (37 1/2) hours per week, as applicable.
(d) When an employee works on a designated paid holiday while in a
Surveillance Mode, the employee shall be compensated, in addition to the seven
and one-half (7 1/2) hours holiday pay the employee would have been granted had
he or she not worked, at the rate of time and one-half (1 1/2) for all scheduled
hours worked and double (2) time for all hours worked in excess of the scheduled
hours.
Arrest Mode
For the purposes of this Memorandum, "Arrest Mode" is defined as
those situations where management has authorized a Fishery Officer on off-shore
surveillance to remain on board a vessel for the purposes of maintaining
continuity of evidence.
In Arrest Mode, the overtime provisions of sub-clauses 28.01(a) and (b) will
apply. In calculating the entitlement, all hours for that day will be a
combination of hours in Surveillance Mode, nine and one-half (9.5) hours and
Arrest Mode (all remaining hours).
For the purposes of calculating the rate of pay while in Arrest Mode, the
regular nine and one-half (9.5)-hour day shall be deemed to have begun at 8:00
hours and would normally have ceased at 18:00 hours [with one-half (1/2) hour
for lunch]. As such, where an Arrest Mode is authorized after 18:00 hours, the
officer would be compensated at time and one-half (1 1/2) his or her
straight-time rate at the beginning of the Arrest Mode.
Once Arrest Mode is confirmed and payment at premium rates is in effect, the
premium rate will remain in effect until Arrest Mode ceases. In a continuing
Arrest Mode, two (2) or more days, the Surveillance Mode provisions will not
apply for those days where Arrest Mode continues beyond 12:00 hours on that day.
Officers while in a Surveillance Mode or Arrest Mode shall be excluded from
the following provisions of this collective agreement:
Hours of Work Article
Overtime - clauses 28.02, 28.04, 28.06, 28.07, 28.08
Travelling Time Article
Shift Premiums Article
Call-back Pay Article
Standby Article
APPENDIX "D"
The provisions of this collective agreement, with the amendments noted below,
shall apply to Coast Guard Marine Search and Rescue (SAR) Controllers of the
Rescue Co-ordination Centres and Marine Rescue Sub-Centres and Hovercraft
Personnel working on a rotating or irregular basis.
ARTICLE 25
HOURS OF WORK
1. Delete Clause 25.09 except 25.09(c) and add as follows:
25.09
For employees who work on a rotating or irregular basis, the normal hours of
work of thirty seven and one-half (37 1/2) hours per week and seven and one-half
(7 1/2) hours per day may be arranged so that employees are scheduled:
- to work an average of thirty-seven and one-half (37 1/2) hours per week;
- to obtain an average of two (2) days of rest per week.
2. The Employer will make every reasonable effort:
- to avoid excessive fluctuations;
- to provide at least two (2) consecutive days of rest, except when days of
rest are separated by a designated paid holiday that is not worked;
- to consider the wishes of the majority of the employees concerned in the
arrangement of shifts within a shift schedule;
- to provide a meal break during the employee's full shift and, where
operational requirements do not permit a meal break, the employee will
remain at work and eat the meal on the job.
3. Employees to whom this memorandum applies shall be subject to clauses
25.10 to 25.13 of this collective agreement.
APPENDIX "E"
1. Notwithstanding the provision of Article 25 and Appendix "G" of
this collective agreement, employees involved in regulating marine traffic
and/or providing radio services to the marine community may, with the approval
of the Employer, 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 and one-half (37 1/2) hours
per week. In every such period, employees shall be granted days of rest on days
not scheduled as normal work days for them.
2. Notwithstanding anything to the contrary contained in this collective
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 schedule any
hours of work permitted by the terms of this collective agreement.
3. Any hours of work arrangement in accordance with paragraph 1 of this
Memorandum of Understanding may be at the request of either party and must be
mutually agreed between the Employer and the majority of employees affected and
shall apply to all employees at the work unit.
4. Any special arrangement established under this Memorandum of Understanding
shall be subject to the provisions of clauses 25.10 to 25.13 of this collective
agreement.
5. Hours of work arrangements that have been implemented at a worksite in
accordance with this Memorandum of Understanding may be discontinued at the end
of the averaging period, provided written notice is provided by either party at
least thirty (30) days in advance, or earlier if mutually agreed.
6. The Public Service Alliance of Canada agrees it will not support any
grievances arising out of this collective agreement whose provisions are amended
by this Memorandum of Understanding.
APPENDIX "F"
This will confirm the understanding reached in negotiations that for the term
of this collective agreement, that notwithstanding the terms of this agreement,
employees engaged as survival instructors in the Department of National Defence
shall be compensated for all hours in excess of seven and one-half (7 1/2) hours
per day spent during the trek and caretaker phases of their duties on the basis
of one (1) working day off for each twenty-four (24)-hour period spent on such
duties.
APPENDIX "G"
It is agreed by the Treasury Board and the Public Service Alliance of Canada
that the provisions of this collective agreement, with the amendments noted
below, may be applied to shift workers at Vessel Traffic Management Centres of
the Department of Fisheries and Oceans at the Employer's discretion after
complying with clauses 25.09(d)(iii) and 25.03 of the collective agreement.
ARTICLE 25
HOURS OF WORK
Delete clause 25.09 of the collective agreement and substitute clause 25.09
as follows:
25.09 When, because of the operational requirements of the service,
hours of work are scheduled for employees on a rotating or irregular basis, they
shall be scheduled so that employees, over a period of not more than sixty-three
(63) calendar days:
(a) work an average of thirty-seven and one-half (37 1/2) hours per week;
(b) work eight (8) hours per day;
(c) obtain an average of at least two (2) days of rest per week;
(d) obtain at least two (2) consecutive days of rest, except, when days of
rest are separated by a designated paid holiday, which is not worked;
(e) where operational requirements do not permit a meal break, will remain at
work and eat their meal on the job;
(f) the Employer shall set up a master shift schedule for a sixty-three
(63)-day period, posted at least fifteen (15) days in advance, which will cover
the normal requirements of the work area;
(g) every reasonable effort shall be made by the Employer to avoid excessive
fluctuations in hours of work.
ARTICLE 28
OVERTIME
Delete clause 28.01, Overtime Compensation, of the collective agreement and
substitute clause 28.01, Overtime Compensation, as follows:
28.01 Overtime Compensation
(a) An employee who is required to work overtime on the employee's scheduled
workday is entitled to compensation at time and one-half (1 1/2) for all hours
worked in excess of eight (8) hours.
(b) Except as provided in 28.01(b), an employee who is required to work on a
first (1st) day of rest is entitled to compensation at time and
one-half (1 1/2) for the first eight (8) hours and double (2) time thereafter.
(c) An employee who is required to work on a second or subsequent day of rest
is entitled to compensation at double (2) time. Second or subsequent day of rest
means the second or subsequent day in an unbroken series of consecutive and
contiguous calendar days of rest.
(d) An employee is entitled to overtime compensation for each completed
fifteen (15) minute period of overtime worked by the employee.
ARTICLE 38
VACATION LEAVE WITH PAY
Add paragraph 38.05(e) to clause 38.05, Scheduling of Vacation Leave With
Pay, of the collective agreement as follows:
38.05
(e) employees shall take vacation leave on the basis of the schedule being
worked.
**APPENDIX "H"
This memorandum is to give effect to the agreement reached between the
Employer and the Public Service Alliance of Canada in respect of employees in
the Program and Administration Services, Operational Services, Technical
Services and Education and Library Science bargaining units.
The Employer agrees to provide eight million seven hundred and fifty thousand
dollars ($8,750,000) over the life of this collective agreement to fund a joint
learning program. The Employer agrees to provide a further $292,000 per month to
the PSAC-TBS JLP from the date of expiry of this collective agreement until the
next collective agreement is signed to ensure continuity of this initiative.
The PSAC-TBS JLP will provide joint training on union-management issues.
The parties agree to establish a joint governance committee made up of an
equal number of PSAC and Employer representatives to administer the PSAC-TBS
JLP. The joint governance committee shall meet within sixty (60) days of the
signing of these agreements to confirm their terms of reference.
APPENDIX "I"
Notwithstanding the provisions of Article 25, Hours of Work, and Article 28,
Overtime, the following provisions shall apply to employees of the Sea Lamprey
Control Unit of the Department of Fisheries and Oceans who are required to
perform work away from their headquarters area during the "field
season" and it is impractical or impossible for them to return to their
headquarters area on weekends.
It is agreed that representatives of local management and duly authorized
local representatives of employees may jointly devise and decide on a mutually
acceptable work schedule program, which shall include a specified number of
consecutive calendar days of work in the field followed by a combination of days
of rest and compensatory leave earned during the period of field duty. The
schedule will not contain the hours of work on each day and the starting and
quitting time shall be determined according to operational requirements on a
daily basis except that the normal daily hours of work shall be consecutive,
with the exception of a lunch break, and not in excess of seven and one-half (7
1/2) hours and, accordingly, clause 25.08 shall not apply.
Such a work schedule shall normally not exceed a combination of twenty (20)
consecutive calendar days of work and eight (8) days of days of rest and
compensatory leave. Should local management decide that operational requirements
require an extension of the twenty (20) calendar days of work [up to a maximum
of seven (7) calendar days] in order to preclude another trip to the area, the
appropriate number of additional days shall be worked and the days of rest and
compensatory leave extended as required.
Overtime shall be compensated in accordance with this collective agreement
and shall be taken as compensatory leave immediately following the period in the
field or at the discretion of the Employer.
The Public Service Alliance of Canada agrees that it will not support any
grievance related to the provisions of this Memorandum of Agreement.
APPENDIX "J"
Notwithstanding the provisions of Article 25, Hours of Work, and Article 28,
Overtime, the following provisions shall apply to certain employees of the
Department of National Defence working at Defence Research and Development
Canada (DRDC) who engage in experimental diving tests, trials and experiments,
hereinafter referred to as "dives":
1. There shall be instituted a form of compensation known as "diving
allowance", the details of which are to follow.
2. The type of dive is to be discussed with the employees concerned in
advance of the event so that they understand the nature of the dive and the
appropriate amount of compensation which will be provided in accordance with
this Memorandum of Agreement.
3. When employees participate in dives, the normal overtime provisions of the
collective agreement shall not apply; but they shall be compensated as follows:
- On a normal working day, employees shall receive their regular pay for the
day.
- On a day of rest or a designated paid holiday, they shall be paid up to a
maximum of seven and one-half (7 1/2) hours at the applicable overtime rate.
**
4. In addition, employees shall be entitled to remuneration through the
provision of the diving allowance in the following manner if:
- they are qualified to the standards prescribed in orders issued by the
Chief of the Defence Staff for members of the Canadian Forces as clearance
divers or ship's divers;
and
- their duties include participating in dives;
or
- they volunteer and are directed to participate in dives;
at the rate of:
- one hundred and eleven dollars ($111) per month,
or
- one hundred and sixty-six dollars ($166) per month after three (3)
years,
or
- two hundred and one dollars ($201) per month after six (6) years for
the period they are required to participate on a continuous basis as a
member of Defence Research and Development Canada,
5. Employees who are qualified in accordance with paragraph 4 are entitled,
in addition to any entitlement under that paragraph, to the daily rate as set
out in the table hereunder for each complete twenty-four (24) hour period and
for any remaining period of more than six (6) hours during which they are
participating in an experimental saturation dive and subsequent decompression.
**
COLUMN I
Depth (in feet) |
COLUMN II
Depth (in metres) |
COLUMN III
Daily Rate |
50 - 250 |
15.24 - 76.20 |
$31.17 |
251 - 600 |
76.50 - 182.88 |
$51.90 |
Over 600 |
Over 182.88 |
$74.18 |
6. The nature of a requirement to participate in a dive shall be identified
as either a requirement without option or a voluntary act in the employee's
current statement of duties. This shall be subject to review on an annual basis.
7. In the event of an upward revision of military diving allowances, the
allowances specified in this memorandum shall be adjusted accordingly. This does
not preclude further discussion of this allowance at the formal negotiations of
a collective agreement.
APPENDIX "K"
K-1 Diving Duty Allowance
K-1.01 Qualified personnel performing assigned diving duties shall be
paid an extra allowance of fifteen dollars ($15) per hour. The minimum allowance
shall be for two (2) hours per dive.
K-1.02 A dive is the total of any period or periods of time during any
eight (8)-hour period in which an employee carries out required underwater work
with the aid of a self-contained air supply.
K-2 Vacation Leave With Pay
K-2.01 At least eight (8) days notice must be given for requests of
vacation leave of four (4) days or less.
K-2.02 The Employer may for good and sufficient reason grant vacation
leave on shorter notice than that provided for in clause K-2.01.
K-3 National Consultation Committee
K-3.01 To facilitate discussions on matters of mutual interest outside
the terms of the collective agreement, the Employer will recognize a
Meteorological Technicians Committee of the Alliance for the purpose of
consulting with management. Representation at such meetings will be limited to
three (3) representatives from each party. It is agreed that the first of such
meetings will be held within three (3) months of the date of the signing of this
agreement, and thereafter as determined by mutual agreement.
K-3.02 Meetings of this Committee will be held at Atmospheric
Environment Services Headquarters. Employee representation on this committee
should include not less than one (1) member from a field establishment.
K-3.03 Consultation may take place for the purpose of providing
information, discussing the application of policy or airing problems to promote
understanding, but it is expressly understood that no commitment may be made by
either party on the subject that is not within their authority or jurisdiction,
nor shall any commitment made be construed as to alter, amend, add to or modify
the terms of this agreement.
K-4 Transfer at Sea Allowance
K-4.01 When an employee is required to transfer to a skip, submarine
or barge (not berthed) from a helicopter, ship's boat, yardcraft or auxiliary
vessel, the employee shall be paid a transfer allowance of five dollars ($5)
except when transferring between vessels and/or work platforms which are in a
secured state to each other for the purpose of performing a specific task such
as deperming. If the employee leaves the ship, submarine or barge by a similar
transfer, the employee shall be paid an additional five dollars ($5).
APPENDIX "L"
Employees in the Engineering and Scientific Support Group employed by the
Department of National Defence engaged in Sea Trials under the following
conditions will be remunerated in accordance with the terms below:
1.
- When an employee is scheduled to proceed to sea beyond the harbour limits
aboard a Naval Vessel, Submarine, Auxiliary Vessel or Yardcraft for the
purpose of conducting trials, repairing defects or dumping ammunition, the
employee shall be paid for all hours aboard to a maximum of fifteen (15)
hours at the straight-time rate per day,
or
at the applicable rate of pay for all hours worked whichever is greater.
- In addition, an employee shall receive a submarine trials allowance equal
to twenty-five per cent (25%) of his or her basic hourly rate for each
completed one-half (1/2) hour the employee is required to be in a submarine.
2.
- When an employee is required to be in a submarine when it is in a closed
down condition either alongside a jetty or within a harbour, on the surface
or submerged; i.e. when the pressure hull is sealed and undergoing trials,
such as vacuum tests, high pressure tests, snort trials, battery ventilation
trials or other recognized formal trials, or the submarine is rigged for
diving, the employee shall be compensated for all hours aboard at the
applicable rate of pay for all hours' worked and at the straight-time rate
for all unworked hours.
- In addition, an employee shall receive a submarine trial allowance in
accordance with 1(b).
3. Upon the request of an employee and with the approval of the Employer, the
employee may be compensated in equivalent leave with pay.
4. Compensatory leave is to be granted at the convenience of the employee
where operational requirements permit.
5. Certain provisions of the Collective Agreement for which an employee
normally may be eligible are inapplicable if the employee is in receipt of
remuneration in accordance with the provisions set out in this Memorandum. The
articles which do not have application to employees covered by this Memorandum
are:
- Call-Back Pay
- Reporting Pay
- Shift Premium
- Travelling Time
- Standby
APPENDIX "M"
25.01 An employee's scheduled hours of work shall not be construed as
guaranteeing the employee minimum or maximum hours of work.
25.02 The Employer agrees that, before a schedule of working hours is
changed, the changes will be discussed with the appropriate steward of the
Alliance if the change will affect a majority of the employees governed by the
schedule.
25.03 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.
25.04 Except as provided for in clause 25.05, the normal workweek
shall be thirty-seven and one-half (37 1/2) hours exclusive of lunch periods,
comprising five (5) days of seven and one-half (7 1/2) hours each, Monday to
Friday. The workday shall be scheduled to fall within an eight (8) hour period
where the lunch period is one-half (1/2) hour or within an eight and one-half (8
1/2) hour period where the lunch period is more than one half (1/2) hour and not
more than one (1) hour. Such work periods shall be scheduled between the hours
of 6:00 a.m. and 6:00 p.m. unless otherwise agreed in consultation with the
Alliance and the Employer at the appropriate level.
25.05 For employees who work on a rotating or irregular basis:
(a) Normal hours of work shall be scheduled so that employees work:
- an average of thirty-seven and one-half (37 1/2) hours per week and an
average of five (5) days per week,
and
- either seven and one-half (7 1/2) hours per day,
or
- an average of seven and one-half (7 1/2) hours per day where so agreed
between the Employer and the majority of the employees affected,
- subject to the operational requirements of the service, an employee's days
of rest shall be consecutive and not less than two (2).
(b) Every reasonable effort shall be made by the Employer:
- not to schedule the commencement of a shift within twelve (12) hours of
the completion of the employee's previous shift;
- to avoid excessive fluctuations in hours of work;
- to consider the wishes of the majority of employees concerned in the
arrangement of shifts within a shift schedule;
- to arrange shifts over a period of time not exceeding two (2) months and
to post schedules at least seven (7) days in advance of the starting date of
the new schedule.
25.06 Notwithstanding the provisions of this article, upon request of
an employee and the concurrence of the Employer, an employee may complete his or
her weekly hours of employment in a period other than five (5) full days
provided that over a period of twenty-eight (28) calendar days the employee
works an average of thirty-seven and one-half (37 1/2) hours per week. As part
of the provisions of this clause, attendance reporting shall be mutually agreed
between the employee and the Employer. In every twenty-eight-day (28) period
such an employee shall be granted days of rest on such days as are not scheduled
as a normal workday for the employee.
25.07 The Employer shall make every reasonable effort to schedule a
meal break of at least one-half (1/2) hour during each full shift which shall
not constitute part of the work period. Such meal break shall be scheduled as
close as possible to the mid-point of the shift, unless an alternate arrangement
is agreed to at the appropriate level between the Employer and the employee. If
an employee is not given a meal break scheduled in advance, all time from the
commencement to the termination of the employee's full shift shall be deemed
time worked.
25.08 When an employee's scheduled shift does not commence and end on
the same day, such shift shall be considered for all purposes to have been
entirely worked:
(a) on the day it commenced where half or more of the hours worked fall on
that day;
or
(b) on the day it terminates where more than half of the hours worked fall on
that day.
Accordingly, the first (1st) day of rest will be considered to
start immediately after midnight of the calendar day on which the employee
worked or is considered to have worked his/her last scheduled shift; and the
second (2nd) day of rest will start immediately after midnight of the
employee's first (1st) day of rest, or immediately after midnight of
an intervening designated paid holiday if days of rest are separated thereby.
25.09 Two (2) rest periods of fifteen (15) minutes each shall be
scheduled during each normal working day.
25.10 If an employee is given less than seven (7) days' advance notice
of a change in that employee's shift schedule, the employee will receive a
premium rate of time and one-half (1 1/2) for work performed on the first (1st)
shift changed. Subsequent shifts worked on the new schedule shall be paid for at
straight time.
Terms and Conditions Governing the Administration of Variable Hours of
Work
25.11 The terms and conditions governing the administration of
variable hours of work implemented pursuant to paragraph 25.05(a) and clause
25.06 are specified in clauses 25.11 to 25.14. This Agreement is modified by
these provisions to the extent specified herein.
25.12 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 schedule any
hours of work permitted by the terms of this Agreement.
25.13
(a) The scheduled hours of work of any day, may exceed or be less than seven
and one-half (7 1/2) hours; starting and finishing times, meal breaks and rest
periods shall be determined according to operational requirements as determined
by the Employer and the daily hours of work shall be consecutive.
(b) Such schedules shall provide an average of thirty-seven and one-half (37
1/2) hours of work per week over the life of the schedule. The maximum life of a
schedule for day shift workers shall be twenty-eight (28) days. The maximum life
of a shift schedule for shift workers shall be one hundred and twenty-six (126)
days.
(c) Whenever an employee changes his or her variable hours or no longer works
variable hours, all appropriate adjustments will be made.
25.14 For greater certainty, the following provisions of this
Agreement shall be administered as provided herein:
(a) Interpretation and Definitions (clause 2.01)
"Daily rate of pay" - shall not apply.
(b) Minimum Number of Hours Between Shifts
Sub-paragraph 25.05(b)(i), relating to the minimum period between the end of
the employee's shift and the beginning of the next shift, shall not apply.
(c) Exchange of Shifts (clause 25.03)
On exchange of shifts between employees, the Employer shall pay as if no
exchange had occurred.
(d) Designated Paid Holidays (clause 32.05)
- A designated paid holiday shall account for seven and one half (7 1/2)
hours.
- When an employee works on a Designated Paid Holiday, the employee shall be
compensated, in addition to the pay for the hours specified in sub-paragraph
(i), at time and one-half (1 1/2) up to his or her regular scheduled hours
worked and at double (2) time for all hours worked in excess of his or her
regular scheduled hours.
(e) Travel
Overtime compensation referred to in clause 34.04 shall only be applicable on
a work day for hours in excess of the employee's daily scheduled hours of work.
(f) Acting Pay
The qualifying period for acting pay as specified in paragraph 64.07(a) shall
be converted to hours.
(g) Shift Premium
Shift work employees on variable hour shift schedules pursuant to Appendix
"D" of this agreement will receive a shift premium in accordance with
clause 27.01.
(h) Overtime
Overtime shall be compensated for all work performed on regular working days
or on days of rest at time and three-quarter (1 3/4).
**APPENDIX "N"
This memorandum is to give effect to the agreement reached between the
Employer and the Public Service Alliance of Canada in respect of employees in
the Program and Administration, Operational Services, Technical Services and
Education and Library Sciences bargaining units.
The parties agree to the formation of a joint committee made up of an equal
number of PSAC and Employer representatives to review the work force adjustment
provisions. This committee shall meet within one hundred and twenty (120) days
of the signing of the collective agreements.
The committee will report its findings and, if applicable, its
recommendations to the parties.
APPENDIX "O"
1. SUB Plan benefits shall be payable to full-time indeterminate employees in
the amount and subject to the conditions set out in this Plan. The employee must
be on off-pay status as a result of a temporary stoppage of work and must have a
recall date. Seasonal employees as defined in the Employer's Terms and
Conditions of Employment policy are not eligible for SUB Plan benefits.
2. In order to be eligible for SUB Plan benefits an employee must have
completed a minimum of two (2) years of continuous employment with the Employer
at the time they are placed on off-pay status.
3. SUB Plan benefits will be payable only to those employees on off-pay
status who provides the Employer with proof that he or she has applied for and
is in receipt of Employment Insurance (EI) benefits pursuant to Section 12(2) of
the Employment Insurance Act in respect of insurable employment with the
Employer.
4. An employee shall not be entitled to SUB Plan benefits during any period
the employee is in receipt of benefits from a claim for Workers Compensation
and/or Disability Insurance/Canada Pension Plan/Québec Pension Plan.
5. An employee on off-pay status who is eligible for benefits under this SUB
plan shall receive seventy per cent (70%)of their regular weekly rate of pay per
week of off-pay status, or one-fifth (1/5) of the said seventy per cent (70%) of
their regular weekly rate of pay for each day, less the gross weekly amount
received from EI during the benefit period and subject to the following
maximums:
After two (2) years of continuous
employment |
15 weeks |
After six (6) years of continuous
employment |
17 weeks |
After seven (7) years of continuous
employment |
19 weeks |
After eight (8) years of continuous
employment |
21 weeks |
After nine (9) years of continuous
employment |
23 weeks |
After ten (10) years of continuous
employment |
25 weeks |
After eleven (11) years of
continuous employment |
27 weeks |
After twelve (12) years of
continuous employment |
29 weeks |
After thirteen (13) years of
continuous employment |
31 weeks |
After fourteen (14) years of
continuous employment |
33 weeks |
After fifteen (15) years or more of
continuous employment |
35 weeks |
No employee shall be paid SUB Plan benefits for more than thirty-five (35)
weeks in a calendar year.
6. Where the employee is subject to the two (2) week waiting period before
receiving EI benefits, the employee on off-pay status who is eligible for
benefits under the SUB Plan shall receive thirty-five per cent (35%) of their
regular weekly rate of pay.
7. The SUB plan benefits are limited to those provided in paragraph (5) and
an employee will not be reimbursed for any amount that he or she is required to
repay pursuant to the Employment Insurance Act.
8. At the employee's request, the payment referred to in paragraph (6) will
be estimated and advanced to the employee. Adjustments will be made once the
employee provides proof of receipt of EI benefits.
9. The weekly rate of pay referred to in paragraphs (5) and (6) shall be:
- the employee's weekly rate of pay for the substantive level to which she
or he is appointed, on the day immediately preceding the commencement of
off-pay status;
or
- if on the day immediately preceding the commencement of off-pay status an
employee has been performing an acting assignment for at least four (4)
months, the weekly rate shall be the rate the employee was being paid on
that day.
10. Where an employee becomes eligible for a pay increment or pay revision
while on off-pay status, the benefits provided by the SUB plan shall be adjusted
accordingly.
11. An employee covered by this Memorandum is not subject to the WFA Appendix
"T", sections dealing with Notice of Lay-off and Reasonable Job Offer
or the Severance Pay Article of the Collective Agreement.
12. Payments made under this SUB Plan will neither reduce nor increase an
employee's severance pay or be treated as additional income for pension
purposes.
13. The Employer shall notify employees on off pay status of any job postings
for positions within the Canadian Grain Commission.
This does not prejudice the union's ability to challenge off pay status or
the Employer's ability to impose off pay status.
APPENDIX "P"
Preamble
In an effort to resolve retention problems, the Employer will provide an
Allowance to incumbents of specific positions for the performance of duties in
the Technical Inspection Group.
Employees in Transport Canada, Transport Safety Board, Public Works and
Government Services Canada, and Fisheries and Oceans, Canadian Coast Guard who
are incumbents at the TI-5 through TI-8 levels in the following positions and
who possess the listed qualifications shall be entitled to Terminable Allowances
as listed below.
- Marine Inspectors, Surveyors, Investigators and DFO-CCG Vessel Support
Group employees who have knowledge and extensive experience in the design,
construction, operation or maintenance of vessels as demonstrated by possession
of the appropriate marine certificate of competency or university
degree/diploma, combined with extensive experience in the field.
- Air Investigators, Civil Aviation Safety Inspectors and Aircraft Inspectors
who have extensive aircraft maintenance engineering experience and who possess a
valid Aircraft Maintenance Engineer licence.
- Civil Aviation Safety Inspectors holding a university degree, college
certificate or a current membership in the American Society for Quality Control,
with six (6) to ten (10) years of manufacturing process experience.
Non-destructive specialist having ten (10) years in the field of non-destructive
testing, preferably with an aircraft background and a C.G.S.B certification
covering Radiography (Aircraft Structures), Magnetic Particle, Liquid Penetrant
and Eddy Current inspection are also employed.
- Rail Investigators and Inspectors with qualifications in at least one of
the following disciplines: locomotive engineer, conductor, brake person, track
specialist, rail traffic controller/dispatcher, equipment/car/locomotive
inspector, mechanical officer, signal maintainer and operations officer, and
with extensive operational experience in the railway industry or CANAC/FRA
certification.
1. On the date of signing of this memorandum of understanding, the parties
agree that incumbents of above listed positions shall be eligible to receive a
"Terminable Allowance" in the following amounts and subject to the
following conditions:
**
- An Allowance to be paid in accordance with the following grids:
TERMINABLE ALLOWANCE -
AVIATION |
Level |
Monthly Payments in
respect of
April 2005 to June 2007 |
TI-5 |
$246.92 |
TI-6 |
$549.17 |
TI-7 |
$759.83 |
TI-8 |
$759.83 |
TERMINABLE ALLOWANCE -
MARINE |
Level |
Monthly Payments in respect
of
April 2005 to June 2007 |
TI-5 |
$486.92 |
TI-6 |
$916.67 |
TI-7 |
$609.83 |
TI-8 |
$609.83 |
TERMINABLE ALLOWANCE -
RAILWAY SAFETY |
Level |
Monthly Payments in respect
of
April 2005 to June 2007 |
TI-6 |
$469.16 |
TI-7 |
$469.16 |
TI-8 |
$469.16 |
(ii) The Terminable Allowance specified above does not form part of an
employee's salary.
**
(iii) An employee in the positions outlined above shall be paid the
Terminable Allowance for each calendar month for which the employee receives
at least ten (10) days' pay.
(iv) The Terminable Allowance shall not be paid to or in respect of a
person who ceased to be a member of the bargaining unit prior to the date of
signing of this Collective Agreement.
(v) Subject to 1(vi) below, the amount of the Terminable Allowance payable
is that amount specified in 1(i) for the level prescribed in the certificate
of appointment of the employee's substantive position.
(vi) When an employee is required by the Employer to perform the duties of
a higher classification level in accordance with clause 64.07, the Terminable
Allowance payable shall be proportionate to the time at each level.
(vii) Part-time employees shall be entitled to the Terminable Allowance on
a pro rata basis.
2. The parties agree that disputes arising from the application of this
Memorandum of Understanding may be subject to consultation.
**
3. This Memorandum of Understanding expires on June 21, 2007.
APPENDIX "Q"
For the term of this collective agreement after the date of its signing,
employees in the General Technical, Technical Inspection and Engineering and
Scientific Support Groups, employed by the Department of National Defence in
positions at Defence Research Establishments engaged in trials, tests and
experiments conducted outside their headquarters area will be remunerated in
accordance with the former Employer's (Defence Research Board) remuneration
policy, as delineated in Personnel Letter No. 1-1974, dated January 4, 1974, DRB
Administrative Order No. 304 and Appendix "A" thereto.
**APPENDIX "R"
Unless otherwise agreed with the Alliance, the Employer agrees not to enter
into collective bargaining with respect to modifications to the Technical
Services' rates of pay related to classification review during the life of the
present agreement until notice to bargain has been served.
**APPENDIX "S"
The following special conditions shall apply only to Aircraft Maintenance
Engineers of the Aircraft Services Directorate, Transport Canada:
1. When Aircraft Services Directorate helicopter Aircraft Maintenance
Engineers are performing their duties while assigned to shipboard or special
assignment,
**
(a)
- the following provisions of the Collective Agreement shall not apply:
Articles 25 and 28 - Hours of Work and Overtime
Article 27 - Shift Premiums
Article 29 - Call-Back Pay
Article 30 - Standby
Article 31 - Reporting Pay
Clause 32.05 - Compensation for work on a holiday
Article 34 - Travelling Time
Article 61 - Wash-up Time
Appendix K-4 - Transfer at Sea
(ii) Notwithstanding the above, Travel Status Leave, Clause 34.09 of this
Agreement, shall apply to employees covered under the Special Assignment
Allowance in clause (c) below.
(b) they shall receive a weekly Shipboard or Special Assignment Allowance of
thirty (30) hours compensation at the rate of time and one-half (1 1/2) for each
period of seven (7) days in which he or she is required to undertake shipboard
or special assignment duties. Periods of less than seven (7) days will be
prorated.
(c) The Special Assignment Allowance applies to helicopter operations north
of fifty-five (55o) degrees latitude north.
(d) The Shipboard or Special Assignment Allowance shall not apply to
employees receiving Isolated Post Allowance or any other special allowance for
hardship and isolation.
(e) Subject to operational requirements, as determined by the Employer,
compensation earned under sub-clause 1(b) may, at the request of the Employer or
the employee, and with reasonable notice, be granted in leave at times mutually
convenient.
(f) If any such leave cannot be liquidated by the end of the fiscal year,
then payment in cash will be made at the employee's then current rate of pay.
(g) When an Aircraft Maintenance Engineer on shipboard or special assignment
works on a designated paid holiday, he or she shall be credited with one (1) day
of leave with pay in lieu of the holiday.
2.
(a) Aircraft Maintenance Engineers who are required to perform flight duties
other than test flights shall be paid an allowance of one-hundred dollars ($100)
per month, provided such employees complete not less than fifteen (15) hours'
flying time in the performance of such duties each calendar quarter.
(b) Aircraft Maintenance Engineers shall be paid a flying time premium of
fifteen ($15) per hour or part thereof, while performing flight tests authorized
by the appropriate responsible manager or the Team Leader in Ottawa, or by the
Regional Manager Aircraft Maintenance, the Team Leader or the Senior Aircraft
Maintenance Engineer in the regions.
3. Aircraft Maintenance Engineers in the EG Group whose normal work place is
Transport Canada, Aircraft Services Directorate, Ottawa, or any of the Canadian
Coast Guard helicopter bases, who are assigned to work as crewmen on the
Executive Flight, or on Canadian Coast Guard helicopters and who are not in
receipt of the Shipboard or Special Assignment Allowance under 1(b) above, will
be compensated for a minimum of eight (8) hours at their straight-time rate of
pay for each day of rest or designated paid holiday while they are on duty away
from their headquarters area. Upon request and with the approval of the
Employer, such time may be granted as compensatory leave at times mutually
acceptable to the employee and the Employer. If any such leave cannot be
liquidated by the end of the fiscal year, then payment in cash will be made at
the employee's then current rate of pay.
**APPENDIX "T"
This memorandum is to give effect to the understanding reached between the
Employer and the Public Service Alliance of Canada in respect of the
implementation period of the collective agreement.
The provisions of this Collective Agreement shall be implemented by the
parties within a period of one hundred and fifty (150) days from the date of
signing.
**APPENDIX "U"
March 14, 2005
Ms. Nycole Turmel
National President
Public Service Alliance of Canada
233 Gilmour Street
Ottawa, Ontario K2P 0P1
Re: Whistleblowing
Dear Ms. Turmel:
This letter is to follow up on discussions that took place during the course
of negotiations on the subject of Whistleblowing.
Employees who make a disclosure of wrongdoing during a Parliamentary
proceeding, official enquiry, to a supervisor or designated senior officer in
their department, or to the Public Service Integrity Officer, whether it
concerns a misuse of public funds, an illegal act, gross mismanagement or a
substantial and specific danger to health or safety, shall be protected from
reprisal, including but not limited to dismissal, suspension, demotion and
financial penalty. In addition a disclosure may be made to the public in
circumstances where the employee believes that a serious offence under an Act of
Parliament or the legislature of a province, or an imminent risk of substantial
and specific danger to the health or safety of persons or the environment exists
and there is not sufficient time to make the disclosure to the above identified
officials.
Employees who believe that a person has taken a reprisal against them, in
violation of the principle stated above, shall have the right to file a
grievance directly to the final level of the grievance process. Such a grievance
may be referred to adjudication as provided by section 92 of the Public
Service Staff Relations Act.
This letter shall remain in force until Bill C-11, An Act to Establish a
Procedure for the Disclosure of Wrongdoings in the Public Sector, including the
Protection of Persons who Disclose the Wrongdoings, or any other act to
establish a procedure for the disclosure of wrongdoings in the public sector,
becomes law.
Sincerely,
Orignal signed by
Reg Alcock
**APPENDIX "V"
This memorandum is to give effect to the understanding reached between the
Employer and the Public Service Alliance of Canada in respect of employees in
the Program and Administration, Operational Services, Technical Services and
Educational and Library Sciences bargaining units.
As part of this settlement, the Employer and the PSAC agree that within one
hundred and twenty (120) days of signature of this collective agreement, they
will form a joint committee to examine the desirability for the Employer to
eventually participate in the funding of the Social Justice Fund established by
the PSAC in January 2003.
This joint committee will be composed of an equal number of representatives
from the Employer and the PSAC.
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