COLLECTIVE AGREEMENT BETWEEN THE HAMLET OF KIMMIRUT AND THE PUBLIC SERVICE ALLIANCE OF CANADA Effective From: Date of Ratification To: March 31, 2018 Nunavut Employees Union Hamlet of Kimmirut P.O. Box 869, P.O. Box Iqaluit, NU X0A 0H0 Kimmirut, NU X0A 0K0
TABLE OF CONTENTS ARTICLE 1 - PURPOSE ___ 1
ARTICLE 2 - DEFINITIONS ___ 1
ARTICLE 3 - RECOGNITION ___ 4
ARTICLE 4 - APPLICATION ___ 4
ARTICLE 5 - FUTURE LEGISLATION/CONFLICT OF PROVISIONS ___ 4
ARTICLE 6 - MANAGEMENT RIGHTS ___ 5
ARTICLE 7 - STRIKES AND LOCKOUTS ___ 5
ARTICLE 8 - HUMAN RIGHTS ___ 5
Freedom from Discrimination ___ 5
Freedom from Sexual Harassment ___ 5
Freedom from Workplace Violence ___ 6
Investigations into Sexual Harassment or Workplace Violence ___ 7
ARTICLE 9 - EMPLOYER DIRECTIVES ___ 7
ARTICLE 10 - PROBATION ___ 7
ARTICLE 11 - SENIORITY ___ 7
ARTICLE 12 - LAYOFF AND RECALL ___ 8
ARTICLE 13 - LAYOFF SEVERANCE PAY ___ 9
ARTICLE 14 - INFORMATION ___ 9
Publication and Distribution of Agreement ___ 10
ARTICLE 15 - ACCESS TO EMPLOYER PREMISES ___ 10
ARTICLE 16 - APPOINTMENT OF REPRESENTATIVES ___ 10
ARTICLE 17 - TIME OFF FOR UNION BUSINESS/UNION REPRESENTATION ___ 10
Time Off for Union Activities ___ 10
Preparatory Contract Negotiations Meetings ___ 11
Contract Negotiation Meetings ___ 11
Time-Off for Representatives ___ 11
Union Orientation ___ 12
Bulletin Board Space ___ 12
Meeting Rooms ___ 12
Delivery of Mail ___ 12
Leave for Paid Elected Officers ___ 12
ARTICLE 18 - MEMBERSHIP FEE DEDUCTION ___ 13
ARTICLE 19 - HOURS OF WORK ___ 14
Rest periods ___ 14
ARTICLE 20 - OVERTIME ___ 14
ARTICLE 21 - PAY ___ 16
Pay Recovery ___ 16
Implementation of Salary Increases ___ 16
Payroll Deductions ___ 17
ARTICLE 22 - ACTING PAY ___ 17
ARTICLE 23 - STANDBY PAY ___ 17
ARTICLE 24 - CALL BACK PAY ___ 17
ARTICLE 25 - REPORTING PAY ___ 18
ARTICLE 26 - EMPLOYEE FILES ___ 18
ARTICLE 27 - PERFORMANCE REVIEWS ___ 18
ARTICLE 28 - GENERAL HOLIDAYS ___ 19
General Holiday Falling on a Day of Rest ___ 20
ii - ii General Holiday Rules ___ 20
General Holiday Compensation ___ 20
ARTICLE 29 - LEAVE GENERAL ___ 20
ARTICLE 30 - VACATION LEAVE ___ 21
Granting of Vacation Leave ___ 22
Recall From Vacation Leave ___ 22
Carry-Over Provisions ___ 23
Leave When Employment Terminates ___ 23
Winter Bonus Days ___ 23
ARTICLE 31 - SICK LEAVE ___ 24
Travel Time ___ 24
ARTICLE 32 - BEREAVEMENT LEAVE WITH PAY ___ 25
ARTICLE 33 - DISCRETIONARY LEAVE WITH PAY ___ 25
ARTICLE 34 - MATERNITY AND PARENTAL LEAVE ___ 25
Maternity-related Reassignment or Leave ___ 26
Maternity Leave Allowance ___ 26
Other Benefits During Leave ___ 27
Parental Leave ___ 27
Other Benefits During Parental Leave Without Pay ___ 28
ARTICLE 35 - COMPASSIONATE CARE LEAVE ___ 28
Other Benefits During Leave ___ 29
Request for Leave ___ 29
ARTICLE 36 - OTHER TYPES OF LEAVE ___ 29
Court Leave with Pay ___ 29
Injury-on-duty Leave with Pay ___ 29
Paid Leave for Office Closing ___ 30
Paid Leave for Traditional Pursuits ___ 30
Leave With or Without Pay for Other Reasons ___ 30
ARTICLE 37 - OUTSIDE EMPLOYMENT ___ 30
ARTICLE 38 - DISCIPLINE AND DISCHARGE ___ 31
Just Cause ___ 31
Progressive Discipline ___ 31
Disciplinary Record ___ 31
ARTICLE 39 - GRIEVANCE AND ARBITRATION ___ 31
Grievance Procedure ___ 31
First Level ___ 33
Final Level ___ 33
ARTICLE 40 - TERM EMPLOYEES ___ 35
ARTICLE 41 - CASUAL EMPLOYEES ___ 35
Northern Travel Allowance ___ 36
ARTICLE 42 - BENEFIT PLANS ___ 38
ARTICLE 43 - DUTY TRAVEL EXPENSES ___ 38
ARTICLE 44 - NO CONTRACTING OUT ___ 39
ARTICLE 45 - JOB DESCRIPTIONS ___ 39
New Position ___ 39
ARTICLE 46 - VACANCIES, JOB POSTINGS AND TRANSFERS ___ 39
ARTICLE 47 - APPRENTICES ___ 40
ARTICLE 48 - TRADES ___ 41
Work Clothing ___ 41
Extreme Weather Conditions ___ 42
ARTICLE 49 - TECHNOLOGICAL CHANGE ___ 42
ARTICLE 50 - HEALTH AND SAFETY ___ 43
Occupational Health & Safety Committee ___ 43
Meetings & Quorum ___ 43
iii - iii Minutes ___ 44
Powers of Committee ___ 44
Right to Refuse Dangerous Work ___ 44
First Aid ___ 45
Accident and/or Injury Reports ___ 45
Workplace Hazardous Materials Information Systems ___ 45
ARTICLE 51 - PROTECTIVE CLOTHING ___ 46
ARTICLE 52 - CIVIL LIABILITY ___ 46
ARTICLE 53 - SOCIAL JUSTICE FUND ___ 46
ARTICLE 54 - RE-OPENER OF AGREEMENT AND MUTUAL DISCUSSIONS ___ 47
Agreement Re-opener ___ 47
Mutual Discussions ___ 47
ARTICLE 55 - DURATION OF AGREEMENT ___ 47
ARTICLE 56 - SCHEDULE A – RATES OF PAY ___ 48
ARTICLE 57 - LETTER OF UNDERSTANDING #1 ___ 56
Third Party Funded Positions ___ 56
ARTICLE 58 - LETTER OF UNDERSTANDING #2 ___ 58
Implementation of Northern Employee Benefit Services Pension Plan ___ 58
ARTICLE 59 - LETTER OF UNDERSTANDING #3 ___ 59
ARTICLE 1 - PURPOSE 1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Union, and to set forth certain terms and conditions of employment relating to pay, hours of work, employee benefits, and general working conditions affecting employees covered by this Agreement. 1.02 The parties to this Agreement share a desire to improve the quality, to promote wellbeing and to increase the productivity of the Employees to the end that the residents of Kimmirut will be well and efficiently served. Accordingly, the parties are determined to establish, within the framework provided by law, an effective working relationship at all levels in which members of the Bargaining Unit are employed.
ARTICLE 2 - DEFINITIONS 2.01 For the purposes of this Agreement: (a) "Abandonment of position" means an Employee is absent without leave, and, excluding extenuating circumstances an Employee has not contacted the Employer, for four (4) consecutive working days; (b) "Agreement" and "Collective Agreement" mean this Collective Agreement; (c) "Allowance" means compensation payable to an employee in addition to his/her regular remuneration payable for the performance of the duties of his/her position; (d) "Anniversary Date” refers to the actual date of hire for a permanent employee, or the date a permanent employee is on which an employee (except a casual employee) transferred to another classification; (e) "Bargaining Unit" means all employees of the Hamlet of Kimmirut, Nunavut, excluding the Senior Administrative Officer; (f) “Common-law spouse" means a person that an Employee has, for a continuous period of at least twelve (12) months, publicly represented to be his/her spouse, lives and intends to continue to live with, as if that person were his/her spouse; (g) "Continuous Employment" means uninterrupted employment with the Employer; and (i) with reference to re-employment of a permanent Employee within twelve (12) months after a lay off, his employment in the position held by the employee at the time of lay off and his or her employment in the position in which he or she is re-employed shall constitute continuous employment, except that no seniority shall accrue while on lay off; and
- - 2 - 2 (ii) where an employee other than a casual ceases to be employed for a reason other than discharge for cause, abandonment of position or rejection on probation, and is re-employed within a period of one year, his periods of employment for the purposes of sick leave and vacation leave shall be considered as continuous employment; (h) “Day” is the 24 hour period commencing at 12:01 a.m.; (i) "Day of Rest" in relation to an employee means a day other than a General Holiday on which that employee is not ordinarily required to perform the duties of his/her position other than by reason of him/her being on leave; (j) “Demotion" means the transfer of an employee to another position for which the maximum pay is less than that of his former position; (k) “Dependent” means a person who is an Employee’s (i) spouse, and resides with that employee; (ii) child, including step-child and adopted child, who is
- under 19 years of age and normally residing with and is dependent upon the Employee for support;
- under 21 years of age and dependent upon the Employee by reason of full-time attendance at an educational institution outside of Kimmirut; or
- wholly dependent upon the Employee for support by reason of physical or mental disability.
(l) "Employee" means a member of the Bargaining Unit; (m) "Employer" means Hamlet of Kimmirut; (n) "Fiscal Year" means the period of time from April 1st in one year to March 31st in the following year; (o) "Full-time Employee" means an employee whose normally scheduled hours of work each week on a continuing basis is either 40 or 37.5 hours per week (p) "General Holiday" means the twenty-four (24) hour period commencing at 12:01 a.m. of a day designated as a General Holiday in this Agreement; (q) "Hamlet Council" means the Hamlet Council of Kimmirut; (r) "Leave" means absence from duty with or without pay with the Employer's permission;
3 - 3 (s) “Lieu Time” means the equivalent leave with pay taken in lieu of a cash payment for overtime; (t) “Mayor” means the Mayor of Kimmirut; (u) "Membership Fees" means the fees established pursuant to the By-Laws of the Union as the fees payable by the members of the Bargaining Unit; (v) “Overtime” means work performed by an employee in excess of his regularly scheduled hours of work. For part-time and casual employees, overtime means all hours worked in excess of the regular hours of work for a full-time employee in the same position.
(w) “Permanent Employee” means a person employed on a continuing basis in either a full –time or part-time position.
Part-time Employee" means an employee whose normally scheduled hours of work each week on a continuing basis is less than the standard work week for full-time employees; (x) "Probation" means the period of six (6) months from the day upon which an employee is first hired or the period of three (3) months after an employee is transferred or promoted. If an employee does not successfully complete his/her probationary period on transfer or promotion then the employee shall be reinstated to his/her former position or another position comparable to his/her former position. (y) "Promotion" means the appointment of an employee to a new position, the maximum rate of pay of which exceeds that of his/her former position; (z) "PSAC" means the Public Service Alliance of Canada; (aa) "Rates of Pay" means the hourly rates of pay set out in Appendix A; (bb) "Representative" means an employee who has been elected or appointed as a shop steward or local executive member or a Union employee who represents the Union at meetings with the Employer and who is authorized to represent the Union; (cc) “SAO” means the Senior Administrative Officer of the Employer; (dd) "Spouse includes common law spouse; (ee) "Term Employee" means an employee hired for a fixed period no longer than one (1) year; (ff) "Transfer" means the appointment of an employee to a new position, that does not constitute a promotion or demotion; (gg) "Union" means the Public Service Alliance of Canada, or its agent, the Nunavut Employees Union or its Local.
4 - 4 2.02 Where the masculine gender is used, it shall be considered to include the feminine gender, unless any provision of this Agreement specifies otherwise. 2.03 The word "may" shall be regarded as permissive and the words "shall" and “will” as imperative. ARTICLE 3 - RECOGNITION 3.01 The Employer recognizes the Public Service Alliance of Canada as the exclusive bargaining agent for all employees in the Bargaining Unit. ARTICLE 4 - APPLICATION 4.01 The provisions of this Agreement apply to the - Union, the Employees, and the Employer. 4.02 Part-time employees shall be entitled to all eligible benefits provided under this Agreement in the same proportion as their weekly hours of work compared to the standard work week.
ARTICLE 5 - FUTURE LEGISLATION/CONFLICT OF PROVISIONS 5.01 In the event that any law passed by Parliament or the Legislative Assembly of Nunavut renders null and void or alters any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of the Agreement. When this occurs the Agreement shall be re-opened upon the request of either party and negotiations shall commence with a view to finding an appropriate substitute for the annulled or altered
5 - 5 provision. In the event the parties cannot agree, the matter may, with the agreement of both parties, be referred to arbitration.
5.02 Where there is a conflict between the provisions of this Agreement and any by-law, policy or other instrument dealing with terms and conditions of employment issued by the Employer the provisions of this Agreement shall prevail. ARTICLE 6 - MANAGEMENT RIGHTS 6.01 Except to the extent provided in this Agreement, this Agreement in no way restricts the Employer in the management and direction of its operations, employees or business activities.
6.02 The Employer shall exercise its rights in a manner which is fair, reasonable, in good faith, without discrimination and consistent with the terms of this Agreement. ARTICLE 7 - STRIKES AND LOCKOUTS 7.01 There shall be no lockout by the Employer and no strike by the employees and/or the Union during the life of this Agreement. 7.02 No Employee shall be required by the Employer to perform any non-bargaining unit work. ARTICLE 8 - HUMAN RIGHTS Freedom from Discrimination 8.01 The Employer, the Union, and the employees agree that there shall be no discrimination, interference, restriction, or coercion exercised or practiced with respect to any employee by reason of race, colour, ancestry, ethnic origin, citizenship, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity or expression, marital status, family status, pregnancy, lawful source of income, conviction for which a pardon has been granted, union membership or activity, or for exercising their rights under this Agreement.
Freedom from Sexual Harassment 8.02 "Sexual harassment" means any conduct, comment, gesture or contact of a sexual nature (a) that is likely to cause offence or humiliation to any employee; (b) that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.
6 - 6 8.03 Every employee is entitled to employment free of sexual harassment. 8.04 The Employer is responsible for providing a workplace free from to sexual harassment. 8.05 Complaints of sexual harassment may be brought to the attention of the Employer at any level of management appropriate to the circumstances.
An employee may be assisted by the Union in making a complaint. 8.06 The Employer will not disclose the name of the complainant or the circumstances related to the complaint to any person except where necessary for the purposes of investigating the complaint, taking remedial measures in relation thereto, or as required by law. 8.07 The Employer shall issue a policy statement concerning sexual harassment which substantially conforms to the provisions of this Article. The Employer shall make each person under the Employer's direction aware of the policy statement concerning sexual harassment.
Freedom from Workplace Violence 8.08 "Workplace violence" means any incident in which an employee is abused, threatened or assaulted during the course of his or her employment, and includes but is not limited to all forms of harassment, bullying, intimidation and intrusive behaviours of a physical or emotional nature. 8.09 Every employee is entitled to employment free of workplace violence. 8.10 The Employer is responsible for providing a workplace free from violence. 8.11 No employee shall be required to perform work at any worksite under circumstances of workplace violence by third parties.
The Employer shall take appropriate remedial measures in such situations.
8.12 Complaints of workplace violence may be brought to the attention of the Employer at any level of management appropriate to the circumstances. An employee may be assisted by the Union in making a complaint. 8.13 The Employer will not disclose the name of the complainant or the circumstances related to the complaint to any person except where necessary for the purposes of investigating the complaint, taking remedial measures in relation thereto, or as required by law. 8.14 The Employer shall issue a policy statement concerning workplace violence which substantially conforms to the provisions of this Article.
The Employer shall make each
7 - 7 person under the Employer's direction aware of the policy statement concerning workplace violence. Investigations into Sexual Harassment or Workplace Violence 8.15 When an investigation into allegations of sexual harassment or workplace violence is required, the parties shall mutually agree to an impartial person to conduct the investigation. 8.16 No employee shall be disciplined under this Article prior to the completion of any investigation. ARTICLE 9 - EMPLOYER DIRECTIVES 9.01 The Employer shall provide the Union with a copy of all bylaws, policies or other instruments dealing with terms and conditions of employment for all Employees at least seven (7) days before issuance..
ARTICLE 10 - PROBATION 10.01 During the initial period of probation, the Employee shall be entitled to all rights and benefits of this Agreement except where his rights are otherwise specifically limited by this Agreement. 10.02 If an Employee does not successfully complete his probationary period on transfer, the Employer shall appoint him to his former position or a position comparable to the one from which he was transferred. ARTICLE 11 - SENIORITY 11.01 "Seniority" means the total length of service acquired by an employee from his/her date of hire.
11.02 Seniority accumulates when an employee is absent from work: (a) resulting from an occupational injury or illness covered by the Workers' Safety & Compensation Commission for a period of not more than twenty-four (24) months; (b) during a continuous absence from work of not more than twenty-four (24) months resulting from an injury or illness not covered by the Workers' Safety & Compensation Commission; (c) during any leave of absence without pay, provided that if the leave is for a period of time greater than thirty (30) working days, the seniority will cease to accrue after thirty (30) working days;
8 - 8 (d) during leave for Union business, except for Union leave under Article XXX. 11.03 Seniority shall be lost when an employee: (a) voluntarily quits his/her employment with the Employer; (b) is discharged for just cause; (c) has been laid off for a period of twelve (12) months or longer and has not b een recalled; (d) fails to report to work within fourteen (14) calendar days after receiving notice of recall; (e) when the employee abandons his position – does not come to work, and does not contact the Employer for four (4) consecutive working days.
11.04 Within thirty (30) calendar days after the signing of the Agreement and on April 1st every year thereafter, the Employer shall post a seniority list showing the seniority of each employee on all Union bulletin boards and provide a copy of the list to the Union.
ARTICLE 12 - LAYOFF AND RECALL 12.01 “Lay-off” includes the termination of an employee because of lack of work, lack of funds or the discontinuance of a function. 12.02 Full-time employees shall not be laid off before casual, term or part-time employees. 12.03 In the event of lay-off, employees shall be laid off in reverse order of their seniority within the affected classification. Where the seniority of employees subject to lay-off is equal, lay-off will be according to qualifications.
12.04 The Employer shall give permanent employees who are to be laid-off a minimum of two (2) weeks plus one additional week for each year of employment over two years, to a maximum of eight (8) weeks, notice in writing in advance of the effective date of layoff, or award pay in lieu of the notice. 12.05 The Employer shall give term employees who are to be laid-off two (2) weeks’ notice in writing in advance of the effective date of lay-off, or award pay in lieu of the notice. 12.06 Laid-off employees shall be recalled in the order of their seniority, where jobs become available, provided they have the skill, ability and required qualifications to perform
9 - 9 such jobs. Where laid-off employees' seniority is equal, recall will proceed according to qualifications. 12.07 The Union shall be copied on all notices of lay-off and recall. 12.08 The Employer shall give notice of recall personally or by registered mail. (a) Where notice of recall is given personally, the Employer shall deliver in duplicate a letter stating that the employee is recalled. In this instance, notice of recall is deemed to be given when served. (b) Where notice of recall is given by registered mail, notice is deemed to be given three days from the date of mailing.
12.09 The employee shall keep the Employer advised at all times of his/her current address.
The employee shall return to work within fourteen (14) calendar days of receipt of notice of recall. 12.10 No new employees shall be hired until those laid off have been given the opportunity of recall. 12.11 With reference to a re-hire of an employee after a lay-off, his/her employment in the position held by him/her at the time he/she was laid off and his/her employment in the position to which he/she is hired shall constitute continuous employment provided such re-hire is within a period of twelve (12) months. Seniority does not accrue during any period of layoff.
ARTICLE 13 - LAYOFF SEVERANCE PAY 13.01 An employee who has one (1) year or more of continuous employment and who is laid off shall be paid severance pay at the time of layoff in the amount of two(2) weeks of pay for the first year of service and one (1) week for each year of continuous employment after the first year, to a maximum of twenty five (25) weeks’ severance pay.. 13.02 Severance pay shall be prorated in respect to any period of continuous employment, which is less than a complete year. ARTICLE 14 - INFORMATION 14.01 The Employer agrees to provide the Union on a quarterly basis with the name, address, job title, rate of pay date of hire and employment status (full-time, part-time or casual) of each Employee in the Bargaining Unit.
The Employer shall indicate which
10 - 10 Employees have been hired or transferred and those Employees who have ceased to be employed during the period reported. 14.02 The Employer shall provide each employee, and each new employee upon hire, with a copy of this Agreement. Publication and Distribution of Agreement 14.03 The Union shall facilitate the production and printing of this Agreement. The Employer and the Union shall share equally the costs of printing this Agreement. 14.04 The Employer and the Union shall share in the costs of translation of this Agreement into the local dialect of Inuktitut when the translation is completed by an external translator.
The Employer shall provide an Inuktitut copy of this Agreement to any employee who requests a copy. In the case of a dispute between versions of this Agreement, the English version shall govern.
ARTICLE 15 - ACCESS TO EMPLOYER PREMISES 15.01 Upon reasonable notification, the Employer shall permit access to its work premises of an accredited Representative of the Union to carry out union business related to the Bargaining Unit. When visits to restricted areas are involved, the Representative shall obtain the Employer's permission to enter the premises. Permission to enter the Employer's premises shall not be unreasonably denied. ARTICLE 16 - APPOINTMENT OF REPRESENTATIVES 16.01 The Employer acknowledges the right of the Union to appoint Employees as Representatives. The Union will provide the Employer with the names of its Representatives and alternates within a reasonable period.
ARTICLE 17 - TIME OFF FOR UNION BUSINESS/UNION REPRESENTATION Time Off for Union Activities 17.01 The Employer shall grant leave with pay to a reasonable number of employees participating as a party, a witness, or a Representative of the Union in respect to: (a) any proceeding before the Canada Industrial Relations Board; (b) investigation of any complaints or grievances, except for an employee who is on suspension without pay;
11 - 11 (c) any proceeding under Article 39 – Grievance Procedure and Arbitration, except for an employee who is on suspension without pay; (d) meetings with the Employer on behalf of the Union. Leave under this clause shall be limited to two (2) employees. Preparatory Contract Negotiations Meetings 17.02 The Employer will grant leave with pay for two (2) employees to attend preparatory contract negotiations meetings to a maximum of two (2) days. Contract Negotiation Meetings 17.03 The Employer will grant leave with pay for two (2) Employees for the purpose of attending contract negotiations and conciliation meetings.
Time-Off for Representatives 17.04 A Representative shall obtain the permission of his Supervisor before leaving work to investigate a grievance, to meet with the Employer for the purpose of dealing with grievances or to attend meetings called the Employer; such permission shall not be unreasonably withheld. 17.05 The Representative shall report back to his Supervisor before resuming his normal duties. 17.06 Upon reasonable notice, and subject to operational requirements the Employer may grant leave without pay to one Employee to (a) participate as a delegate to constitutional conferences or other similar forums mandated by Territorial Legislation or (b) to present briefs to commissions, boards and hearings that are mandated by Territorial Legislation or the Government of Canada, whose area of interest is of concern to organized labour.
12 - 12 Union Orientation 17.07 The Employer shall allow new employees to meet with the Representative of the Union for thirty (30) minutes without loss of pay for the purpose of union orientation. The Representative of the Union, if an employee, shall be granted leave with pay. 17.08 Upon reasonable notice, and subject to operational requirements The Employer shall grant leave without pay to up to two (2) employees at any one time with respect to: (a) conventions, conferences, and executive council meetings of the Union and/or the Alliance; (b) union training. 17.09 An employee on leave without pay under this clause shall continue to be paid by the Employer and the Employer shall be reimbursed by the Union for such employment costs.
Bulletin Board Space 17.10 The Employer shall provide bulletin board space in the workplace clearly identified for the exclusive use of the Union. Meeting Rooms 17.11 The Employer shall make available to the Union and the members of the Bargaining Unit a suitable meeting room, when available, to be used from time to time for the conducting of business relating to the Union. Delivery of Mail 17.12 The Employer shall deliver any mail originating from the Union addressed to Employees. Leave for Paid Elected Officers 17.13 An employee elected as a full-time paid officer of the executive of the Nunavut Employees Union, the Public Service Alliance of Canada or the Northern Territories Federation of Labour shall, upon application, be granted leave without pay for the term of office.
During the leave such employees shall maintain all benefits accumulated prior
13 - 13 to commencement of the leave but shall not accumulate any additional benefits during the leave, unless the parties agree otherwise. 17.14 Such employees shall advise the Employer as soon as possible when an extension of their leave is applicable due to re-election. 17.15 Upon termination of their leave such employees shall be offered, at a minimum, the position they held with the Employer at the commencement of their leave. 17.16 Notwithstanding clause above, the Employer may make an offer of employment to such an employee to a position inside the Bargaining Unit should they bid on a competition and be the successful candidate.
ARTICLE 18 - MEMBERSHIP FEE DEDUCTION 18.01 All present employees and all employees hired after the date of this Agreement shall become and remain members in good standing of the Union as a condition of employment. 18.02 Effective the first of the month following the signing of this Agreement, the Employer will, as a condition of employment, deduct an amount equal to the amount of Membership Fees from the pay of all employees in the Bargaining Unit. 18.03 The Union shall inform the Employer in writing of the amount of Membership Fee deductions to be made for each Employee.
18.04 For the purpose of applying clause 18.02, deductions from pay for each employee will occur on a biweekly basis.
18.05 No employee organization, other than the Union, shall be permitted to have Membership Fees deducted by the Employer from the pay of the employees in the Bargaining Unit. 18.06 The amounts deducted in accordance with clause 18.02 shall be remitted to the Comptroller of the PSAC by cheque, by the end of the month after the month in which
14 - 14 the deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on his/her behalf. 18.07 The Union 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. 18.08 The Employer agrees to identify annually on each Employee's T- 4 slip the total amount of Membership Fees deducted for the preceding year.
ARTICLE 19 - HOURS OF WORK 19.01 The regularly scheduled hours of work shall consist of a workweek of five (5) consecutive workdays from Monday to Friday, and such workdays shall consist of seven and one-half (7½) consecutive hours between the hours of 8:30 a.m.
and 5:00 p.m., exclusive of a one (1) hour lunch period. These regularly scheduled hours of work may be varied as follows: (a) Maintenance and Airport: A workweek of five (5) consecutive workdays from Monday to Friday, and such workdays shall consist of eight (8) consecutive hours between the hours of 8:00 a.m. and 5:00 p.m., exclusive of a one (1) hour lunch period; (b) Recreation Department and Bylaw Employees: Regular hours of work shall be on the basis of shifts structured to average 8 hours per day, 5 consecutive days per 7 days, exclusive of a 1 hour meal period, 40 hours per week. Rest periods 19.02 Employees shall be entitled to a paid rest period of fifteen (15) minutes duration commencing on or about mid-morning and shall be entitled to a paid rest period of fifteen (15) minutes duration commencing on or about mid-afternoon.
Employees working a varied shift shall be entitled to a paid rest period of fifteen (15) minutes duration commencing on or about the mid-point of the first-half of their shift and a second paid rest period of fifteen (15) minutes duration commencing on or about the mid-point of the second-half of their shift.
ARTICLE 20 - OVERTIME 20.01 In this Article: (a) “Overtime” means work performed by an employee in excess of his regularly scheduled hours of work. For part-time and casual employees, overtime means all hours worked in excess of the regular daily hours of work for a full-time employee in the same position. (b) ‘straight time rate” means the employee’s hourly rate of pay;
15 - 15 (c) “time and one-half” means one and a half times the straight time rate; (d) “double time” means twice the straight time rate. 20.02 All overtime must be approved in advance, and in writing where possible, by the Employer, unless the work required is of an emergency nature and management is not available for immediate approval.
20.03 Where an Employee is required to work overtime, the Employee shall record, in a form and manner determined by the Employer, the starting and finishing times of the overtime worked.
20.04 Subject to operational requirements the Employer shall make every reasonable effort: (a) to allocate overtime work on an equitable basis among readily available qualified Employees, who are normally required to perform that work as part of their regular duties; (b) to give an Employee reasonable advance notice when the Employee is required to work overtime. 20.05 An employee who is required to work overtime shall be paid overtime compensation at the applicable rate for all overtime worked. 20.06 Overtime work shall be compensated as follows: (a) at time and one-half (1½ x) for all hours except as provided in Article 20.06(b) below (b) at double time (2 x) for all hours of overtime worked after the first four (4) consecutive hours of overtime and double time (2 x) for all hours worked on the second or subsequent day of rest.
20.07 Where an Employee requests leave in lieu of payment for overtime worked, the Employer will grant the Employee equivalent leave of absence with pay at the appropriate overtime rate; to be taken at a time mutually agreeable to the Employer and the Employee, provided that any time in lieu accumulated under any provision of this
16 - 16 Collective Agreement and in excess of fifteen (15) days shall be paid out in cash on the next pay period. ARTICLE 21 - PAY 21.01 Employees are entitled to be paid for services rendered for the position to which they are appointed at the pay rates specified in Appendix “A”.
21.02 Employees shall be paid on a biweekly basis by Thursday of every second week. For the purposes of this Article a pay period shall consist of the two week period beginning at 12:01 a.m. Saturday and ending at midnight on the second following Friday. 21.03 Employees who have earned overtime compensation or any other extra allowance in addition to their regular pay, should receive such remuneration in the pay period in which it was earned or in the following pay period.
21.04 Where paycheques, pay stubs, T4 information slips, and any other employee-specific pay and benefit items are distributed to employees at their place of work, they shall first have been placed in sealed envelopes. Pay stubs shall show the employee's name, the pay period being paid, the particulars of wages, overtime, allowances and benefits paid, the deductions taken from the pay, and the employee's net pay. 21.05 Upon receipt of a written request from the employee, the Employer shall deposit an employee's pay directly at a bank of the employee's choice and provide the employee with a statement of his/her earnings on the pay day.
Pay Recovery 21.06 Where an employee, through no fault of his/her own, has been overpaid, the Employer will advise the Employee in writing of the amount overpaid and of its intention to recover the overpayment. Before recovery action is implemented, the Employer will meet with the employee and if the employee so wishes, a Union Representative, to discuss and make every reasonable attempt to mutually agree upon a recovery schedule. 21.07 The Employer agrees that no more than ten percent (10%) of the gross pay of an employee, not including regular deductions, shall be recovered from the employee in any pay period, for any monies owed by the employee under this Article, without the employee’s consent.
21.08 If more than one (1) year has elapsed and the amount of the overpayment is less than four hundred dollars ($400), there shall be no recovery of the overpayment. Implementation of Salary Increases 21.09 The Employer agrees to pay the negotiated salary increases to every Employee not later than the second month following the month in which this Agreement is ratified and, in
17 - 17 the case of subsequent salary increases, not later than the month following the month in which they become effective. 21.10 The Employer agrees to pay all retroactive remuneration for salary increases, overtime, acting pay and allowances not later than two months following the month in which this Agreement is ratified.
21.11 Retroactive pay shall be issued on a separate cheque or direct deposit at a bank of the employee’s choice and provide the employee with a statement of his or her earnings. Payroll Deductions The Employer agrees to make deductions from an employee’s pay where the employee has authorized, in writing, those deductions, and the Employer has agreed to make such deductions. The Employer bears no responsibility for any deductions made under this Clause. ARTICLE 22 - ACTING PAY 22.01 When the Employer designates, in writing, an Employee to perform the duties and take the responsibility of a higher classification level on an acting basis, the Employee shall be paid an acting premium of ten percent (10%) of his hourly rate of pay for the duration of time in which he performs the duties of the higher classification.
22.02 Acting appointments must be approved in advance in writing by the SAO. ARTICLE 23 - STANDBY PAY 23.01 “Stand by” means an employee who is designated by the Employer to be on standby duty during off duty hours.
23.02 An employee on standby shall be paid one (1) hour’s pay for each eight (8) hours, or portion thereof, on standby except for days of rest and general holidays. An employee on standby shall be paid two (2) hour’s pay for each eight (8) hours, or portion thereof, on standby on days of rest and general holidays. ARTICLE 24 - CALL BACK PAY 24.01 If an employee is: (a) directed to report to work outside of his regularly scheduled hours of work; or (b) recalled to a place of work for a specific duty; the employee shall be paid the greater of compensation at the overtime rate for all hours worked or four (4) hour's pay at the employee's straight time rate.
18 - 18 ARTICLE 25 - REPORTING PAY 25.01 If an employee reports to work for his/her regularly scheduled workday and there is insufficient work available as determined by the Employer, he/she shall be entitled to one (1) day of work. When no work is available he/she shall receive compensation of one (1) day of pay at the straight time rate. 25.02 If an employee is directed to report for work on a day of rest or on a General Holiday, and there is insufficient work available as determined by the Employer, he/she shall be entitled to four (4) hours of work at the appropriate overtime rate. When no work is available, he/she shall receive compensation to four (4) hours pay at the appropriate overtime rate.
25.03 If an employee is directed to report for work on a day of rest or a Designated Holiday, the employee shall be paid the greater of compensation at the overtime rate or four (4) hours pay at the employee's overtime rate. ARTICLE 26 - EMPLOYEE FILES 26.01 Upon request of an employee, the personnel file of that employee shall be made available for his/her examination at reasonable times in the presence of an authorized representative of the Employer. Upon written authorization from an employee, the employee's Union Representative shall be entitled to view and obtain a photocopy that employee's personnel file in the presence of an authorized representative of the Employer.
Photocopies shall be at the cost of the Union.
26.02 The record of any disciplinary action taken against an employee, including letters or notations of discipline, shall be removed from the employee's file and destroyed after eighteen (18) months following the disciplinary action, provided no additional disciplinary action of a similar nature was imposed within the eighteen (18) month period. ARTICLE 27 - PERFORMANCE REVIEWS 27.01 When a formal review of an employee's performance is made, the employee concerned shall be given the opportunity to discuss then sign the review form in question to indicate that its contents have been read and understood.
The employee shall also be given the opportunity to provide written comments to be attached to his/her performance appraisal and may use the grievance procedure in Article 39 to correct any factual inaccuracies in his/her performance appraisal. Such performance appraisals shall be performed within one (1) month of the employee's anniversary date.
27.02 The formal review of an employee's performance shall also incorporate an opportunity for the employee to state his/her career development goals and that every effort be made
19 - 19 to develop the career potentials of each individual through in-service training, retraining, or any other facets of career development which may be available. 27.03 Should the performance review provided for in Article 27.01 not be conducted, the employees’ performance will be considered to be satisfactory. 27.04 Only one file per Employee containing performance evaluation or discipline shall exist.
27.05 The Employer shall not introduce as evidence in the case of promotional opportunities or disciplinary action any document from the Employee’s file of which the Employee had not previously been provided with a copy.
ARTICLE 28 - GENERAL HOLIDAYS 28.01 The following days are paid General Holidays for employees covered by this Agreement: (a) New Year's Day; (b) Good Friday; (c) Easter Monday; (d) Hamlet Day; (e) Victoria Day (the day fixed by the Governor General for observance of the birthday of the reigning sovereign); (f) Canada Day; (g) Nunavut Day (July 9th ); (h) The first Monday in August; (i) Labour Day; (j) Thanksgiving Day; (k) Remembrance Day; (l) Christmas Day; (m) Boxing Day; (n) one or more additional days when ordered by the Governor General; (o) one or more additional days when proclaimed by the Mayor of the Hamlet of Kimmirut or by the Commissioner of Nunavut.
20 - 20 General Holiday Falling on a Day of Rest 28.02 When a General Holiday under clause 28.01 coincides with an employee's day of rest, the General Holiday shall be moved to the employee's first working day following his day of rest. 28.03 13.03 When a General Holiday for an employee is moved to another day under the provisions of Article clause 28.01: (a) work performed by an employee on the day from which the General Holiday was moved shall be considered as work performed on a day of rest, and (b) work performed by an employee on the day to which the General Holiday was moved, shall be considered as work performed on a General Holiday.
General Holiday Rules 28.04 An employee who is not required to work on a General Holiday shall not be required to work on another day that would be otherwise be a non-working day in the week in which the General Holiday occurs, unless he/she is paid time and one-half (1½ x) for all hours worked.
28.05 Where a General Holiday for an employee falls within a period of leave with pay, the General Holiday shall not count as a day of leave. 28.06 At the request of the employee, and where the operational requirements of the Employer permit, an employee shall not be required to work both Christmas Day and New Year's Day. General Holiday Compensation 28.07 When the Employer requires an employee to work on a General Holiday as part of his/her regularly scheduled hours of work or as overtime when he/she is not scheduled to work, he/she shall be paid, in addition to the pay that he/she would have been granted had he/she not worked on the General Holiday, time and one-half (1½ x) as defined in the Article 20 Overtime for the first 7.5 hours or eight (8) hours worked, depending upon the employee classification, and double time thereafter.
ARTICLE 29 - LEAVE GENERAL 29.01 When an employee is in receipt of an allowance and is granted leave with pay, he/she shall be entitled during the period of leave to receive the allowance. When an Employee
21 - 21 is on leave of absence without pay, the Employee shall not be entitled to receive any pay, allowances or other benefits, except as provided in this Agreement. 29.02 When an Employee who has been granted more vacation leave, sick leave or special leave with pay than he has earned, dies, the Employee shall be considered to have earned that amount of leave with pay granted to him.
29.03 Except in cases of emergency or as otherwise provided in this Agreement, an employee shall apply for leave at least two (2) weeks in advance of such leave. An employee's request for leave will be responded to by the Employer within a reasonable time period to allow the employee time to prepare for and take the leave on the dates so requested. 29.04 When the Employer denies the leave requested by the Employer, the Employer shall, when requested by the employee, provide the reasons in writing within seven (7) days. 29.05 During the month of April in each year or at the request of an employee, the Employer shall inform the employee in writing of the balance of his/her sick leave and vacation leave credits as of the end of the previous month.
ARTICLE 30 - VACATION LEAVE 30.01 Accumulation of Vacation Leave (a) For each month of a fiscal year in which an employee receives pay for at least ten (10) days, he/she shall earn vacation leave at the following rates: (i) one and one-quarter (1-1/4) days each month (rate equals 15 working days per year) until the month in which the anniversary of the second (2nd) year of continuous service is completed; (ii) one and two-thirds (1-2/3) days each month (rate equals 20 working days per year) commencing in the month after completion of two (2) years of continuous service and ending in the month that ten (10) years of continuous service is completed; (iii) two and one-twelfth (2-1/12) days each month (rate equals 25 working days per year) commencing in the month after completion of ten (10) years of continuous service and ending in the month that twenty (20) years of continuous service is completed; (iv) two and one-half (2½) days each month (rate equals 30 working days per year) commencing in the month after the completion of twenty (20) years of continuous service.
(b) The accumulated service for part-time employees shall be counted for the improved vacation leave entitlement in paragraphs in 20.01 (a) above, or the employee shall have the choice of receiving in lieu of vacation leave
22 - 22 (i) six per cent (6%) of salary to be paid bi-weekly until the month in which the anniversary of the second (2nd) year of continuous service is completed; (ii) eight per cent (8%) of salary to be paid bi-weekly commencing in the month after completion of two (2) years of continuous service and ending in the month that ten (10) years of continuous service is completed; (iii) ten per cent (10%) of salary to be paid bi-weekly commencing in the month after completion of ten (10) years of continuous service and ending in the month that twenty (20) years of continuous service is completed; and (iv) twelve per cent (12%) of salary to be paid bi-weekly commencing in the month after completion of twenty (20) years of continuous service.
Granting of Vacation Leave 30.02 In granting vacation leave with pay to an employee, the Employer shall make every reasonable effort to: (a) grant the employee his/her vacation leave during the fiscal year in which it is earned at a time specified by him/her; (b) grant the employee vacation leave for at least up to five (5) consecutive weeks depending upon his/her vacation entitlements when so requested by the employee; (c) to grant the employee his/her vacation leave at a time specified by him/her; (d) not recall an employee to duty after he/she has proceeded on vacation leave; (e) where the Employer has proposed to change, reduce or deny the vacation leave requested by the employee, the Employer shall provide the employee with the reasons, in writing, for such change, reduction or denial of vacation leave.
30.03 If there is a conflict between the vacation requests of two or more employees then vacation leave shall be granted according to seniority.
Recall From Vacation Leave 30.04 When during any period of vacation leave an employee is recalled to duty, he/she shall be reimbursed for reasonable expenses that he/she incurs: (a) in proceeding back to Kimmirut; (b) in respect of any non-refundable deposits or pre-arrangements associated with his/her vacation; (c) in returning to the place from which he/she was recalled if he/she immediately resumes vacation upon completing the assignment for which he/she was recalled