(a) The regular work-day will be:

(1) seven (7) hours, or

(2) seven and one-half (7.5) hours, or

(3) eight (8) hours.

(b) The regular work week will consist of five (5) days with two (2) consecutive days off.

(c) The regular work-day for all employees covered by this Agreement will not be increased, except by mutual agreement. An employee will not be required to work a split shift except by mutual agreement.

(d) Notwithstanding Clause 9.01 (b) where an employee works in a seven (7) day a week operation, s/he may be required to work up to seven (7) consecutive days on a regular basis, but s/he shall not be required to work more than ten (10) days total in any two (2) week period.

9.02 (a) Where the Employer requires that an employee’s starting time be changed, it will provide him/her with thirty (30) calendar days’ written notice of the change.

(b) Where the Employer requires that an employee's rest days be changed from Saturday and Sunday, it will provide him/her with thirty (30) calendar days' written notice of the change.

(c) Where the Employer requires that an employee's work pattern be changed from a "straight" shift to a "rotating" shift, it will provide him/her with thirty (30) calendar days' written notice of the change.

(d) Where an emergency arises, the Employer may make temporary changes as required without notice to the employee. Such changes will not remain in effect for more than two (2) weeks. This provision will not be used repeatedly so as to circumvent the requirement for notice given above.

9.03 Notification of Absence

(a) A day worker who is going to be absent from work will ensure that his/her supervisor or designee is informed of the reasons for and expected duration of the absence within one-half (½) hour of the start of his/her shift.

(b) A shift worker who is going to be absent from work will ensure that his/her supervisor or designee is informed of the reasons for and expected duration of the absence according to the following:

(1) a day shift, one (1) hour prior to the start of his/her shift;

(2) an afternoon or night shift (where the majority of the shift falls between 3 p.m. and 7 a.m.) four (4) hours prior to the start of his/her shift.

(c) Should an employee fail to comply with Clause 9.05 (a) or 9.05 (b), as the case may be, his/her absence may be considered as unauthorized leave without pay unless s/he had legitimate reasons for the non-compliance.

(d) The Department Head will designate a person in each department to be personally contacted in the event an employee's supervisor cannot be reached.

9.04 Rest Periods

(a) Full-time regular employees shall be entitled to a paid rest period of fifteen (15) minutes during each one-half (½) working day of not less than three and one-half (3½) hours duration.

(b) Part-time regular and temporary employees shall be entitled to a paid rest period of fifteen (15) minutes during the first three and one-half (3½) hours, and an additional rest period of fifteen (15) minutes during the rest of their work day if in excess of two (2) hours.

(c) Employees scheduled to work for more than four (4) hours are entitled to at least one-half (1/2) hour of unpaid time at approximately the mid-point of their working day.

9.05 Modified Hours

(a) Where shifts and/or hours of work, different from those contemplated in Article 9.01, are proposed, the following terms will apply:

(i) The proposed terms must not result in a gain or loss in benefits or rights under this Collective Agreement;

(ii) The proposal will not negate any terms in the Collective Agreement and any modifications must be specified in writing, including the positions or individuals to whom it will apply.

(b) Such a proposal may only be implemented where NASA and the Employer have agreed, in writing, to the terms and the majority of the employees affected have approved.

(c) Once a proposal has been implemented, it may only be changed by mutual agreement of the parties.

(d) Once the proposal has been agreed to, a signed copy will be provided to each affected employee and each new hired employee.

10.01 Employees will be paid a shift differential for all hours worked on the afternoon or evening shift of $1.00 per hour.

10.02 Shift differential will apply only to those Employees who work a scheduled shift at least sixty percent (60%) of which falls between the hours of 1500 and 0700.

10.03 Afternoon shift will be any seven (7), seven and one-half (7 ½), or eight (8) hours between 1500 hours and 2300 hours. Evening shift will be any seven (7), seven and one-half (7 ½), or eight (8) hours between 2300 hours and 0700 hours.

Overtime will be authorized by the Employer before it is worked and, except in cases of emergency, must be mutually agreeable to both Employer and Employee.

11.02 Rates and Calculation

A full-time employee required to work overtime will be paid at:

(a) time and one-half (1½) for the first two (2) hours; and

(b) double time for all hours in excess of (a).

11.03 A part-time employee whose regularly scheduled daily hours are less than those for a full-time employee in the same job title who is required to work overtime will be paid at:

(a) straight time for hours up to the scheduled daily hours for said full-time employee;

(b) time and one-half (1½) for the first two (2) hours in excess of (a); and

(c) double time for all hours in excess of (b).

11.04 Notwithstanding Clauses 11.02 and 11.03, where an employee is required to work overtime on both of his/her regular consecutive days of rest, s/he will be paid at double time for all hours worked on the second (2nd) day of rest.

11.05 Where an employee is required to work overtime, s/he will receive a minimum compensation of one (1) hour at the applicable overtime rate.

11.06 Overtime pay will be:

(a) calculated to the nearest one-quarter (¼) of an hour, subject to Clause 11.05;

(b) calculated on the basis of the employee's pay in effect at the time the overtime occurred; and

(c) made no later than one (1) month immediately following the month in which the overtime occurred.

11.07 Compensating Time Off

Notwithstanding Clause 11.06 (c), an employee may elect to take compensatory time off in lieu of overtime pay. Such compensatory time off will be calculated in the same manner as overtime pay. In the event that any compensatory time off cannot be taken at a time mutually agreeable to the employee and his/her Department Head within a period of six (6) months immediately following the month in which the overtime occurred, the employee will, instead, receive the overtime pay in the month immediately following the expiration of the six (6) month period.

11.08 Meal Breaks

Where an employee is required to work in excess of two (2) hours of overtime on his/her regular work day, s/he will:

(a) upon completion of the first two (2) hours:

(1) be provided with a meal or be paid a meal allowance of six dollars ($6); and

(2) be allowed a meal break of one-half (½) hour at straight time; and

(b) upon completion of every four (4) hours thereafter, have (a)(1) and (a)(2) apply to him/her.

11.09 Where an employee is required to work in excess of four (4) hours of overtime on his/her regular day of rest or on a previously mutually agreed-to lieu day, s/he will, upon completion of every four (4) hours:

(a) be provided with a meal or be paid a meal allowance of six dollars ($6); and

(b) be allowed a meal break of one-half (½) hour at straight time.

11.10 An employee will be entitled to at least eight (8) consecutive clear hours during the normal break between any two (2) consecutive regular shifts. It will be the responsibility of the University to ensure that an employee required to work overtime will be provided with the eight (8) consecutive clear hours. To this end, the University may instruct the employee to leave before the usual quitting time of his/her regular shift and/or to report after the usual starting time of his/her next regular shift. Where such instruction is given, the employee's pay will not be docked, nor will s/he be required to make up, for such regular hours not worked. Where such instruction is not given for whatever reason, the employee will be paid at double time for all hours worked on his/her next regular shift which fall within the eight (8) consecutive clear hours.

(a) be paid thirty dollars ($30) as travel compensation;

(b) be paid at the applicable overtime rates for hours worked with a minimum compensation of two (2) hours at the applicable overtime rate; and

(c) upon completion of every four (4) hours:

(1) be provided with a meal or be paid a meal allowance of six dollars ($6); and

(2) be allowed a meal break of one-half (½) hour at straight time.

12.02 Where an employee is called back on a paid holiday or a previously agreed-to lieu day, s/he will:

(a) be paid thirty dollars ($30) as travel compensation;

(b) receive his/her regular work day's pay;

(c) be paid at straight time for hours worked up to his/her regularly scheduled daily hours, with a minimum compensation of two (2) hours at straight time;

(d) be paid at double time for all hours worked in excess of his/her regularly scheduled daily hours;

(e) upon completion of every four (4) hours:

(1) be provided with a meal or be paid a meal allowance of six dollars ($6); and

(2) be allowed a meal break of one-half (½) hour at straight time; and

(f) be given a lieu day.

12.03 Where an employee is called back more than once on the same day, Clauses 12.01 or 12.02, as the case may be, will apply to every one of such call-backs, except that, in the case of Clause 12.02, Sub-Clauses 12.02 (b) and (f) will apply only once.

12.04 Call-back pay under Clauses 12.01 (b) and 12.02 (c) and (d) will be:

(a) calculated to the nearest one-quarter (¼) of an hour, subject to the relevant minimum compensation;

(b) calculated on the basis of the employee's pay in effect at the time the call-back occurred; and

(c) made no later than one (1) month immediately following the month in which the call-back occurred.

12.05 Notwithstanding Clause 12.04 (c), a regular employee may elect to take compensatory time off in lieu of call-back pay. Such compensatory time off will be calculated in the same manner as call-back pay. In the event that any compensatory time off cannot be taken at a time mutually agreeable to the employee and his/her Department Head within a period of six (6) months immediately following the month in which the call-back occurred, the employee will, instead, receive the call-back pay in the month immediately following the expiration of the six (6) month period.

12.06 An employee will be entitled to at least eight (8) consecutive clear hours during the normal break between any two (2) consecutive regular shifts. It will be the responsibility of the University to ensure that an employee called back will be provided with the eight (8) consecutive clear hours. To this end, the University may instruct the employee to leave before the usual quitting time of his/her regular shift and/or to report after the usual starting time of his/her next regular shift. Where such instruction is given, the employee's pay will not be docked, nor will s/he be required to make up, for such regular hours not worked. Where such instruction is not given for whatever reason, the employee will be paid at double time for all hours worked on his/her next regular shift which fall within the eight (8) consecutive clear hours.

13.02 Where an employee on stand-by is called back, s/he will be covered, as the case may be, by:

(a) both Clause 12.01 and Clause 13.01 (a);

(b) both Clause 12.01 and Clause 13.01 (b); or

(c) both Clause 12.02 and Clause 13.01 (c), except that s/he will receive only once his/her regular work day's pay and be given only one (1) lieu day.

13.03 Where an employee is required to stand by on a regular basis, s/he will be made aware of such requirement in writing at the commencement of his/her employment. Where a change in an employee's duties and responsibilities entails a requirement for him/her to stand by on a regular basis, s/he will be made aware of such requirement in writing by his/her Department Head, with a copy to the AVP(HRS), prior to the implementation of the requirement. This Clause will not negate the payment of stand-by compensation.

14.02 Notwithstanding clause 14.01, temporary employees new-hired after April 1, 1992, may be paid less than the rates of base pay; however, this will be no less than 75% of the rates of base pay.

14.03 The rate of base pay set out in Appendices A and B will not be reduced except with the concurrence of NASA.

14.04 Where the Employer increases the range of rates of base pay in Appendices A, B and C, the employees will be paid in the new scale of rates at the same step as they were being paid in the old scale of rates.

(a) An employee who is not employed under a trades job title, but is required to perform a trade task which is restricted by code and which s/he is certified to do, will receive the applicable trade rate of base pay for such work.

(b) Where a trade task is restricted by code to those holding appropriate certification, only those with the appropriate certification will be required to perform the task described by the code, and paid accordingly.

An Apprentice will be paid the appropriate percentage (as specified in the Apprenticeship and Industry Training Act and Regulations) of the hourly base pay given for his/her trade.

14.07 NASA agrees that the Employer will retain the Employment Insurance Rebate for benefit plan purposes.

14.08 (a) Employees paid on a monthly basis will receive their salary cheques on the second last banking day of each month, except in December when it will be the second last banking day prior to December 25^th.

(b) Employees paid on a bi-monthly payroll will receive their paycheques on the 10^th and 25^th days of each month.

(c) Premium pay, other than overtime, will be paid no later than the month following the month in which it was earned.

15.01 The parties recognize that the University’s success depends on the performance and contribution of every Employee. Effective performance management involves a continuous two-way process of communication between an Employee and his/her Supervisor focussed on:

(a) the direction and goals of the Department and the Employee’s contributions in the coming year,

(b)  clear, reasonable expectations for performance and accountability,

(c) how performance will be evaluated,

(d) learning and development needs,

(e) recognition of Employee contributions, and

(f) guidance and support to enhance Employee performance.

The Supervisor and Employee will complete a written summary of the discussions outlined in Clause 15.01 and an evaluation of the Employee’s performance:

(a) before the completion of his/her probationary or trial period; and

(b) on completion of 12 months and each subsequent 12 months worked in his/her position.

An Employee is entitled to put a written rebuttal to any performance review on his/her Personnel File within a reasonable time.

(a) Performance increment(s) are awarded for satisfactory or better performance, upon the recommendation of the Department Head, after each annual review period using the base pay grade assigned within the Salary Appendices for the Employee’s present position.

(b) No increment will be awarded for performance that is not satisfactory. Withholding an increment is a disciplinary action and Article 36 applies. Where an increment is not recommended due to unsatisfactory performance, the Employee will be advised in writing by the supervisor of the reasons prior to the completion date of that review period.

(c) Long service increment(s) are awarded where an eligible Employee has reached the maximum of the base pay grade for his/her present position and has not received a performance or long service increment within the previous 36-month period worked in the position. There will be a maximum of 2 long service increments for each base pay grade as set out in the Salary Appendices.

Where a second language is an integral component of the core job requirements, a five percent (5%) premium will be provided on appointment and will continue as long as the position includes the second language responsibility. Where the requirement is for more than one additional language and that/those language(s) are required to be used more than twenty-five percent (25%) of the time, an additional five percent (5%) premium will be provided.

16.02 Market Supplements

There may be occasions when it is necessary to differentially compensate employee(s) in a select job category in order to attract and/or retain employees with critical skills in key areas of the Employer. On such occasions the Employer will determine when critical skills may be extraordinarily compensated. The Employer agrees to notify NASA of any proposed market supplement and the reasons for the extraordinary remuneration when the adjusted salary falls outside the normal base pay range for that employee’s position. NASA will respond within ten (10) days of such notification to provide any additional comments or feedback. The parties will mutually agree to the appropriate rate of pay, method of market supplement and the specific time period for such extraordinary remuneration. Failing any final agreement, the parties agree to arbitrate the matter pursuant to Article 38. Each application of a market supplement is independent of any existing or future market supplement for the same or different jobs and skills. The market supplement is a fixed term premium, subject to review, and as such is not subject to Clause 1.20 of the Collective Agreement. Market supplements will be reviewed annually thereafter by the Joint Committee established under Article 7. The Employer and NASA may waive the time limits noted in this clause by mutual agreement.

(a) Normal retirement - where an employee retires at age 65 or at the point when the sum of his/her age and his/her length of service equals 85 years;

(b) Deferred retirement - where an employee withdraws from service after having worked, with the consent of the University, a period beyond his/her normal retirement;

(c) Early retirement (other than an incentive early retirement program) - where an employee, with the consent of the University, withdraws from service prior to his/her normal retirement; or

(d) Disability retirement - where an employee is not qualified to receive long term disability benefits but has been medically certified that s/he should immediately withdraw from service in order to prevent further deterioration of his/her medical condition.

17.02 The retirement bonus may be either used as a pre-retirement vacation or paid out on retirement date.

18.02 A partial calendar month of employment will be considered a full calendar month of employment provided the employee receives pay for a minimum of one-half (½) of the calendar month.

18.03 Approved leave with pay, time on L.T.D., W.C.B. leave, leave as per Article 28, for any duration will be counted as service.

18.04 Approved leave without pay and time on continuous layoff greater than one (1) calendar month will not be counted as service; however, for the sole purpose of reinstatement of illness only, clause 24.08, approved leave without pay will count as service.

18.05 An employee, who has been on continuous layoff for more than one (1) calendar month and who is then recalled, will have his/her previous service reinstated.

18.06 An employee will forfeit his/her service when s/he:

(a) voluntarily resigns, subject to clause 28.04, including position abandonment;

(b) is dismissed for just cause;

(c) fails to return to work from approved leave of absence;

(d) fails to return to work within ten (10) work days of receipt of notice of recall;

(e) is laid off for a period of more than twenty-four (24) consecutive calendar months; or

(f) has a break in employment of more than three (3) months.

18.07 A temporary employee with less than 12 months of service will forfeit his/her service if s/he meets the terms outlined in clause 18.06, or if s/he voluntarily changes his/her employing department.

18.08 Where a trust employee moves from a position under Part B of this Agreement to a position under Part A of this Agreement, s/he will bring his/her continuous employment with him/her as service, subject to clauses 18.06 and 18.07.

18.09 Where an apprentice, having completed his/her apprenticeship, becomes a regular journeyman or a regular employee in another job title, his/her apprentice employment time will count as service.

19.02 Notwithstanding Clause 19.01, all apprentices in Facilities Management will be considered to be in one (1) seniority unit and their seniority will apply by year of apprenticeship within their specific trade.

19.03 Seniority for part-time employees will only apply with respect to other part-time employees.

Definitions

20.02 Position Disruption

A position disruption is a significant and substantial change to an employee’s terms and conditions of employment. It means that a position will be eliminated on a temporary or permanent basis (layoff) or substantially modified, for example, reduction in pay, change from full time to part time status, reassignment to a position with a lower grade, as a result of reorganization. Position disruption is not normally the reassignment of tasks, duties, work locations, work schedule, etc.

20.03 Layoff

Layoff means the discontinuance of work as a result of:

Process

20.05 At least 10 days prior to the planned formal notice of position disruption, Employee Relations will arrange a meeting with the Department, NASA and affected employees. The purpose of the meeting is to discuss the details of the reorganization and anticipated impact on employees.

20.06 After notice of the meeting, an employee who makes a claim under Article 24, Illness and Proof of Illness, will have no extraordinary rights under Article 20 and may expressly authorize a NASA representative to communicate on his/her behalf, otherwise clause 20.11 will prevail.

20.07 Where appropriate, an employee on any leave of absence may be contacted regarding position disruption for the purpose of discussing the planned disruption. However, formal notice to that employee will be the date of their return to work, unless the parties agree otherwise.

20.08 Within the period prior to the formal written notice to the affected employees, NASA, the Department, Employee Relations and the employees will meet to explore methods and alternatives for managing position disruption in a manner which minimizes negative impact on employees. First, every effort will be made to make adjustments to terms and conditions of employment preferably without loss of pay. If agreement or methods and alternatives cannot be reached, the employer will determine position disruption options in accordance with Clause 20.15.

Formal Notice

20.09 The Department Head or designee and a representative from Human Resource Services will hold a meeting, as soon as possible, with the employee to provide and discuss formal written notice and available options. The formal written notice will include the effective "date of the disruption", and any agreed options and/or available options under Clause 20.15. A NASA representative will be present at such a meeting.

20.10 Within ten (10) days following the receipt of notice the employee will respond in writing to the Human Resource representative as to which of the identified option(s) offered, that the employee wishes to choose.

20.11 Failure of the employee to attend the scheduled meeting, or for Human Resource Services to have received his/her response to the above options within ten (10) days following the meeting noted in Clause 20.09, will result in one of the following:

(a) immediate termination without recall rights, if option(s) 20.15 (a) to (c) were offered; or

(b) immediate layoff with recall rights, if option(s) Clause 20.15 (d) to (g) were offered.

This default termination action will be rescinded if it is subsequently determined that the circumstances were beyond the control of the employee and prevented him/her from reporting or replying. These default provisions will be outlined in the above written notice (see Clause 20.09).

Employee Displacement/Redeployment

20.12 For the purposes of Article 20, displacement and redeployment are the actions by the Employer, subject to Clauses 20.05 to 20.08, taken reasonably as a result of a position disruption.

20.13 For the purposes of Article 20, "redeployment" means the movement from one position to another position with the same or lower maximum rate of base pay.

20.14 When two or more employees are performing work in identical positions within the same seniority unit, seniority will be applied (i.e., reverse order of seniority) and options under Clause 20.15 (b) to (f) may be considered.

20.15 In the event that an employee is displaced from his/her position, the Board will offer one or more of the following options to the employee for his/her selection:

(a)  an adjustment to the employee's current position and/or terms and conditions of employment resulting from an agreed to course of action under Clause 20.08;

(b) redeployment into an available position, at the same maximum rate of base pay, within the seniority unit;

(c) redeployment into an available position, at the same maximum rate of base pay, within the bargaining unit;

(d) redeployment into an available position, at a lower maximum rate of base pay, within the seniority unit;

(e) redeployment into an available position, at a lower maximum rate of base pay, within the bargaining unit;

(f) subject to Clause 20.22, redeployment to a position by his/her exercise of seniority, at the same or lower maximum rate of base pay, that is currently occupied by the least senior employee, (see 20.23) in his/her same seniority unit and same job family;

(g) layoff and recall;

(h) severance pay.

20.16 Once one or more of these options has been offered, subject to Clause 20.21 further redeployment options normally will not be pursued. If the Employer identifies two or more redeployment options (i.e., Clause 20.15 (b) to (e)), the employee may choose one. Further, an employee who has not been offered option Clause 20.15 (a), (b) or (c) will always be entitled to choose option Clause 20.15 (g) or (h).

20.17 An employee taking a redeployment option (i.e., Clause 20.15 (b) to (e)) has placement priority over those on the recall list.

20.18 An employee redeployed under option Clause 20.15 (d) or (e) will retain recall rights to a position at his/her former status and grade. Such designated employee will have recall rights for a period of:

(a) two (2) years, if s/he has at least five (5) years of seniority at the effective date of his/her position disruption/layoff; or

(b) one (1) year, if s/he has less than five (5) years of seniority at the effective date of his/her position disruption/layoff.

20.19 Nothing in the above precludes the Employer from making a severance offer to an employee at any time.

20.20 For the purposes of this Article, "available" will mean a position that has no incumbent and the Employer deems should be filled.

Readjustment Procedure

20.21 If a redeployment option is available under Clause 20.15 (b) to (e) such that the employee meets the requirements and is qualified to fulfil the duties and/or could do so through job familiarization, with reasonable, on-the-job retraining, within a training period not to exceed two (2) calendar months, as determined by the Employer, then the employee will be informed of the duties and any retraining required (see also Clause 20.43 (a)).

20.22 The employee may exercise his/her seniority under Clause 20.15 (f) only if s/he is qualified and able to fulfil the duties or could do so with reasonable, on-the-job retraining, within a training period not to exceed two (2) months, as determined by the Employer.

The position for the employee will be the position of the most junior employee in the same seniority unit and the same job family.

20.23 The junior displaced (i.e., bumped) employee will be eligible for one or more options under Clause 20.15 except 20.15 (a) and (f).

20.24 An employee who is redeployed through the position disruption or recall process and subsequently, is determined unable to fulfil the duties of the position (see Clauses 20.21 and 20.34), may continue to have options 20.15 (g) or (h), if they had been offered.

Layoff

20.25 Failing successful redeployment or acceptance of an offered layoff option in Clause 20.15, layoff procedure will occur and the notice of layoff will be deemed to have commenced at the effective date of the position disruption set out in the notice under Clause 20.09. If an employee has been unsuccessfully redeployed, the period of notice and recall will be extended by the time spent in redeployment.

20.26 The Employer will make every reasonable effort to avoid layoff of employees while employing temporary employees performing work within the same job families in the same seniority unit.

20.27 Except in circumstances beyond the reasonable control of the Employer, the notice for layoffs of less than three (3) months will be fourteen (14) calendar days.

20.28 In the event of a layoff in excess of three months, a regular employee will receive the following period of notice in writing (service to be computed to the date of the disruption/layoff):

(a) two (2) weeks, if s/he has completed the probationary period but has less than twelve (12) months' service;

(b) one (1) month, if s/he has at least twelve (12) but less than forty-eight (48) months' service;

(c) two (2) months, if s/he has at least forty-eight (48) but less than eighty-four (84) months' service;

(d) three (3) months, if s/he has at least eighty-four (84) but less than one hundred and forty-four (144) months' service; or

(e) four (4) months, if s/he has at least one hundred and forty-four (144) months' service.

20.29 In the event of a layoff in excess of three months, a temporary employee will receive the following period of notice in writing (service to be computed to the date of the disruption/layoff):

(a) two (2) weeks, if s/he has completed more than twelve (12) months' service and less than twenty-four (24) months' service;

(b) one (1) month, if s/he has at least twenty-four (24) but less than sixty (60) months' service;

(c) two (2) months, if s/he has at least sixty (60) but less than ninety-six (96) months' service;

(d) three (3) months, if s/he has at least ninety-six (96) but less than one hundred and fifty-six (156) months' service; or

(e) four (4) months, if s/he has at least one hundred and fifty-six (156) months' service.

20.30 There will be one recall list consisting of laid off employees covered by both Part A and Part B of this Collective Agreement. Human Resource Services will maintain the following lists:

(a) a separate recall list consisting of the names of all laid off full-time Employees,

(b) a separate recall list consisting of the names of all laid off part-time Employees. Part-time Employees will have their seniority pro-rated.

NASA will be provided with these lists on a monthly basis. Full-time employees will be recalled to full-time positions and part-time Employees will be recalled to part-time positions.

20.31 Layoff Option "A": Notice of Layoff, Recall, Severance Payment:

An employee who opts for the notice of disruption/layoff in Clause 20.15 (g), may obtain a recall period of six (6) months, and if not recalled within that period, receive a balance of the severance payment in Clause 20.38, less the notice received.

20.32 Layoff Option "B": Notice of Layoff, Recall:

An employee who opts for the notice of disruption/layoff in Clause 20.15 (g), may obtain a recall period of twenty-four (24) months, and if not recalled within that period, receives no other rights or benefits.

Recall

20.33 An employee on layoff status will be recalled in the order of his/her seniority, subject to being qualified for the job and being able to fulfil the duties, or being qualified and able to fulfil the duties through job familiarization, and/or with reasonable, on-the-job retraining, within a training period not to exceed two (2) months, as determined by the Employer.

20.34 An employee on layoff status will be recalled, in the following order, to any one of the following available positions, subject to Clause 20.33 above, whichever becomes available first:

(a) the employee's former position, if re-established, (in this case Clause 20.33 does not apply);

(b) another position of the same job family within the employee's seniority unit;

(c) another position of the same job family outside the employee's seniority unit, provided there is no prior claim;

(d) a position of a different job family within the employee's seniority unit, provided there is no prior claim;

(e) a position of a different job family outside the employee's seniority unit, provided there is no prior claim.

20.35 An employee on layoff status will retain his/her recall rights under Clause 20.33 for maximum periods of six (6) months or twenty four (24) months depending on the option chosen in 20.31 or 20.32.

20.36 An employee will forfeit any further rights to recall if s/he declines one (1) offer of recall to a position at his/her former status and grade, except if offered a temporary appointment. Recall to a trust position under Part B of this Agreement will be considered a temporary appointment for the purposes of this Article.

Severance Options

20.37 An employee who chooses severance payment under Clause 20.15 (h) will be deemed to have resigned and s/he relinquishes his/her rights to recall and will be considered to have terminated his/her employment with the Employer.

20.38 The severance payment formula under option 20.15 (h) for all employees will be:

Four weeks pay, per year of service, to a maximum of twelve (12) months' pay (pay is defined by Clause 1.20; however, for Clause 20.38 purposes, "pay" will not include any responsibility premiums or market supplements).

An employee who is eligible to retire from the Employer and immediately receives a pension will be eligible to bridge his/her benefits premiums, subject to the continuing availability and eligibility requirements determined by the Employer’s Bridge Benefits Policy and any amendments made from time to time, and in accordance with Article 31, Benefit Plans.

Further, it is agreed that an employee accepting this severance option and retiring from their employment will not be entitled to the retirement bonus under Article 17.

Pay Adjustment

20.39 An employee should be provided with pay equivalent to that received prior to disruption provided it is not above the maximum of the range for the grade level of his/her new position such that:

(a) where an employee is redeployed into a position of the same grade level s/he will retain his/her step level on that base pay grade;

(b) where an employee is redeployed into a position of a lower grade level and his/her base pay is within the base pay range for that grade s/he will be placed on the step level nearest, but not lower, than his/her current base pay;

(c) where an employee is redeployed into a position of a lower grade level and his/her base pay is above the base pay grade for the new position s/he will be placed at Step 9 of the base pay grade for the new position.

Position Disruption Training Benefits

20.40 The Employer agrees to provide reasonable funding to continue a Staff Retraining Fund for persons affected by position disruption.

20.41 Where required the Employer will offer training to employees affected by position disruption or eligible for recall. Once an option for an employee has been concluded in accordance with Clause 20.15, the Employer agrees to provide affected employees relocation counselling and training assistance under the terms of Clause 20.40 of the Collective Agreement.

20.42 (a) Where an employee requires training in order to effect a redeployment and/or be recalled, the Department in conjunction with Human Resource Services will determine the training required, develop a formal training plan, consult with the employee and Human Resource Services will provide reasonable funding for the training (see also Clause 20.21).

(b) The Employer will provide training assistance in order to enhance the employment opportunities of employees on the recall list. The onus is on the employee to submit proposals for specific training to Human Resource Services for approval. Should an employee(s) training proposal be denied, the employee(s) may request a meeting with Human Resource Services and NASA.

(c) Where the employee requests training that is unlikely to enhance reemployment opportunities to the Employer, and if the Employer approves said training, then the affected employee will forego his/her right of recall.

20.43 The terms of all training provided will be subject to mutual agreement between the employee and the Employer.

20.44 Where training is required to take place during an employee's regular hours of work, such time off will be with pay. The scheduling of such training during an employee's normal working hours is subject to operational requirements of the Department.

Job Families

20.45 NASA and the Employer agree to the Job Families as outlined under Appendix F.

The Employer will consult with NASA on the Job Families including any planned changes (amendments, alterations, additions or deletions). Human Resource Services will provide the reasons that have led to the planned changes to NASA.

If NASA believes that the planned changes are significantly detrimental to its members, NASA will provide to Human Resource Services the reasons for their belief and present alternatives without unreasonable delay. Human Resource Services will then convene a meeting with NASA prior to implementing any such planned changes in order to discuss the impact, ramifications and effect upon employee(s). The parties will attempt to reach mutual agreement upon the planned changes without unreasonable delay.

Failing mutual agreement, the Board may implement any planned changes (or otherwise modified planned changes), as it believes that such planned changes do not undermine the integrity of the bargaining unit. Subsequently, NASA may submit a policy grievance under Article 38.

The Employer agrees to notify affected employees of any planned re-allocation of their position due to a Job Family change.

Seniority Units

20.46 Seniority Units will be listed in Appendix E.

The Employer will consult with NASA on the Seniority Units including any planned changes (amendments, alterations, additions or deletions). Human Resource Services will provide the reasons that have led to the planned changes to NASA.

If NASA believes that the planned changes are significantly detrimental to its members, NASA will provide to Human Resource Services the reasons for their belief and present alternatives without unreasonable delay. Human Resource Services will then convene a meeting with NASA prior to implementing any such planned changes in order to discuss the impact, ramifications and effect upon employee(s). The parties will attempt to reach mutual agreement upon the planned changes without unreasonable delay.

Prior to implementing any planned changes, the Employer shall communicate to affected employees either in writing or at a meeting with employees, as determined by NASA and the Employer.

Failing mutual agreement, the Employer may implement any planned changes (or otherwise modified planned changes), as it believes that such planned changes do not undermine the integrity of the bargaining unit. Subsequently, NASA may submit a policy grievance under Article 38.

All regular positions will be posted by Human Resource Services. Internal applicants must be given consideration in the filling of these vacancies.

Where an Employee voluntarily moves from one position to another position with the same grade level such a move shall be considered a transfer and there shall be no change to his/her base pay or performance review period.

Except as provided in this article, it is understood that a regular Employee voluntarily demoted, transferred or promoted to a non-established position has voluntarily waived his/her seniority.

No employee will be unreasonably transferred.

When an Employee is promoted from one position to another position with a higher-grade level, his/her new base pay will be within the range of the higher grade for his/her new position. The new base pay will be no less than one (1) full increment above his/her current pay. Performance increments will thereafter be granted, pursuant to Article 15, annually from the date of promotion. If the Employee is within three (3) months of his/her next increment on date of promotion, s/he shall be granted an additional increment.

Where an Employee is required to perform higher level duties, in addition to some of her/his own regular duties and responsibilities, for a cumulative qualifying period of five days per fiscal year, s/he will receive a premium of at least 5% of his/her base pay for the period of temporary responsibility including the qualifying period. After a period of six months a new job fact sheet will be done and a job evaluation completed.

21.05  Temporary Transfers and Promotions

When an Employee is transferred or promoted on a temporary basis, then the following will apply:

(a) The term will not exceed twelve (12) months or the specific term of the project. Extensions may be made and a copy of the revised terms is to be provided to NASA and Employee Relations.

(b) The Employee will be paid:

(i) In the case of a transfer, there shall be no change to his/her base pay or performance review period;

(ii) In the case of a promotion, he/she will be paid at least a minimum of 5% of his/her base pay or the minimum base pay for that higher level position, whichever is greater.

(iii) Where he/she is promoted to a position that is outside the scope of this collective agreement, he/she will be paid no less than 10% of his/her base pay.

(c) The Employee will be eligible for increments, as per Article 15, for each year in the temporary transfer or promotion.

(d) Seniority and service will continue to accrue normally and there is no change to the Employee’s base job family and seniority unit.

(e) During the term of the temporary transfer or promotion, either the Employer or Employee can end the assignment with thirty (30) days written notice or less as mutually agreed.

(f)  At the end of the temporary transfer or promotion, the Employee will return to his/her original job.

(g) Upon return to his/her original position, the Employee’s pay will be adjusted to reflect all increments that would have been due had he/she remained in their original position. Any extra increments granted during the temporary transfer or promotion may be granted upon return to his/her original position, at the discretion of the Employer.

(h) Where the temporary transfer or promotion is going to continue for less than six (6) weeks then e) above will not apply.

(i) All terms and conditions, including defined duties and responsibilities, will be provided to the Employee in writing with copies to Employee Relations.