Search Google Appliance

Menu Search

Search Book

UNW Collective Agreement

Article 02 - Interpretation and Definitions

2.01 For the purpose of this Agreement:
  (a) "Alliance" means the Public Service Alliance of Canada.
  (b) "Allowance" means compensation payable to an employee in addition to his/her base salary.
  (c) "Bargaining unit" means those employees as set out in Section 41(1.4) (a) of the Public Service Act.
  (d) “Base Salary” means the hourly salary as determined by range and step placement in Appendix B1.
  (e) (i) "Continuous Employment" and "Continuous Service" means:
      (1) uninterrupted employment with the Government of the Northwest Territories;
      (2) prior service in the Public Service of the Government of Canada providing an employee was recruited or transferred from the Public Service within three (3) months of terminating his/her previous employment with such government; except where a function of the Federal Government is transferred to the Northwest Territories Government; and
      (3) prior service with the municipalities and hamlets of the Northwest Territories providing he/she was recruited or transferred within three (3) months of terminating his/her previous employment.
    (ii) With reference to re-appointment of 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 appointed shall constitute continuous employment provided the lay-off occurred subsequent to 1st April 1970.
    (iii) Where an employee other than a casual employee ceases to be employed for a reason other than dismissal, abandonment of position or rejection on probation, and is re-employed within a period of three months, his/her periods of employment for purposes of sick leave, severance pay, and vacation leave entitlement shall be considered as continuous service in the Public Service.
  (f) "Day of Rest" in relation to an employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his/her position other than by reason of his/her being on leave of absence.
  (g) "Demotion" means the appointment by the Employer of an employee for reasons of misconduct, incompetence or incapacity, to a new position for which the maximum pay is less than that of his/her former position.
  (h) "Department" means a division of the Public Service designated as a department by the Premier, upon the recommendation of the Executive Council.
  (i)

"Dependant" means:

    (a) The spouse of an employee who is residing with the employee.
    (b) Any child (including step-child or foster child) of the employee who:
      (i)

is attending school or is a student at some other institution, and is under 21 years, or

      (ii)

is under 21 years and dependent upon the employee for support, or

      (iii) is 21 years or older and dependent upon the employee because of mental or physical infirmity.
    (c) Any other person who is permanently residing with the employee and:
      (i)

is under 21 years of age and is dependent upon him/her for support, or

      (ii) is 21 years of age or more and dependent upon him/her by reason of mental or physical infirmity.
    (j) "Deputy Head" means the Deputy Minister of a department, Superintendent of a divisional education council, the Chief Executive Officer or President of a board, authority or agency, or a person duly appointed as a Deputy Head.
    (k) "Dismissal" means either a rejection on probation pursuant to Section 21 of the Public Service Act or a dismissal pursuant to Section 33 of the Act.
    (l) "Effects" include the furniture, household goods and equipment and personal effects of an employee and his/her dependants at the time of his/her move but does not include automobiles, boats, motorcycles, snow-mobiles, trailers, animals, or foodstuffs. However, where a continuing employee is moved from one community to another within the Northwest Territories he/she may include in his/her effects all-terrain vehicles, snowmobiles and foodstuffs.
    (m) "Employee" means a member of the Bargaining Unit and includes:
      (i) a “casual employee” who is a person employed by the Employer for work of a temporary nature pursuant to the provisions of Appendix A5;
      (ii) an “indeterminate employee” who is a person employed for an indeterminate period;
      (iii) a "part-time employee" who is an employee who has been appointed to a position for which the hours of work on a continuing basis are less than the standard work day, week or month;
      (iv) a "professional employee" who is an employee appointed to a position in an area of work where there is a requirement for a highly developed or specialized body of knowledge acquired through University education or a member of a group governed or regulated by a professional body; and
      (v) a “relief employee” is an employee appointed to a position for which there are no established hours on a daily, weekly or monthly basis and may be required to report to work on an as-and-when required basis for operations where services operate on a daily basis throughout the entire year.
      (vi) a "seasonal employee" who is an employee appointed to a position which is not continuous throughout the year but recurs in successive years;
      (vii) a “term employee” who is a person other than a casual or indeterminate employee who is employed for a fixed period in excess of four (4) months and includes employees hired as a leave replacement, employees hired in relation to programs of a fixed duration or without ongoing funding, or employees hired in relation to or in support of training.
    (n) "Employer" means the Government of the Northwest Territories as represented by the Minister responsible for the Public Service Act or his/her designate.
    (o) "Fiscal Year" means the period of time from April 1 in one year to March 31 in the following year.
    (p) "Grievance" means a complaint in writing that an employee, group of employees, or the Union submits to management, to be processed through the grievance procedure.
    (q) "Headquarters" when modified by the word "employees" means the settlement in which the employee's position is located. In other contexts it may refer to the Regional Headquarters or the Governmental Headquarters in Yellowknife.
    (r)

"Holiday" means the twenty-four (24) hour period commencing at 12:01 A.M. of a day designated as a paid holiday in this Agreement.

    (s) "Lay-Off" means an employee whose employment has been terminated because of lack of work or because of the discontinuance of a function and who is suitable for continued employment in the Public Service. Lay-Off does not mean an employee whose employment has been terminated because of a transfer of the work or function to another employer where the employee is offered employment with the new employer.
    (t) "Leave of Absence" means absence from duty with the Employer's approval.
    (u) "Manager" means an employee responsible for planning, organizing, coordinating, directing and controlling the use of human resources, material and money.
    (v) "May" shall be regarded as permissive and "shall" and "will" as imperative.
    (w) "Overtime" means work performed by an employee in excess of or outside of his/her regularly scheduled hours of work.
    (x) "Point of Departure" means:
      (i) Montreal - for all communities in the Baffin Region.
Winnipeg - for all communities in the Keewatin Region
Edmonton - for all communities in the Kitikmeot, Inuvik and Fort Smith Regions and Yellowknife Headquarters.
      (ii) The point of departure for each community in the above regions shall remain in effect for the term of this Collective Agreement notwithstanding any regional reorganization.
    (y) "Probation" means a period of six (6) months from the day upon which an employee is first appointed to, transferred or promoted within the Public Service of the Northwest Territories except that for an employee first appointed to a position at Pay Level 13 or higher, it shall be a period of one (1) year. An employee who is appointed to a position which has the same duties, as his/her previous position shall not serve an additional probationary period. If an employee does not successfully complete his/her probationary period on transfer or promotion the Employer will make every reasonable effort to appoint him/her to a position comparable to the one from which he/she was transferred or promoted.
    (z) "Promotion" means the appointment of an employee to a new position where the position to which the employee is appointed is at a higher pay range than the position the employee formerly occupied.
    (aa) "Public Service" means the Public Service of the Northwest Territories, as defined in the Public Service Act.
    (bb)

"Rates of Pay"

      (i) "weekly rate of pay" means for the purposes of Articles 21.04(c), 21.05, 32.02, 32.05, 32.06 and 32.08, an employee's hourly rate of pay multiplied by 37.5 or 40 hours. In the case of part time, relief and casual employees, the weekly rate of pay will be based on the average weekly hours calculated over the previous six (6) months of employment.
      (ii) "daily rate of pay" means for the purposes of Articles 22.17 and A9.02 (b), an employee's hourly rate of pay multiplied by 7.5 or 8 hours, pro-rated for part time and casual employees. In the case of relief employees, daily rate of pay means an employee’s hourly rate of pay multiplied by the standard daily hours of work for similar fulltime positions.
      (iii) "hourly rate of pay" means an employee’s hourly rate of pay specified in Appendix B1.
      (iv) “annual rate of pay” means an employee’s hourly rate of pay multiplied by the employee’s standard yearly hours of work.
    (cc) "Reasonable Job Offer" means an offer of indeterminate employment within the Public Service, normally at a pay level equal to or greater than the employee's current level. Where practicable, a reasonable job offer shall be within the employee's headquarters.
    (dd)

“Spouse” means a person, regardless of gender, who:

     

a)
b)

is married to an employee, or
has lived together in a conjugal relationship outside of marriage with an employee and the employee represents that person as his or her spouse.

    (ee) "Transfer" means the appointment of an employee to a new position, that is evaluated within the same pay range as the employee’s former position.
    (ff) "Union" means Union of Northern Workers.
    (gg) "Union 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, and shall not include any initiation fee, insurance premium, or special levy.
    (hh) "Union Representative" means an employee who has been elected or appointed as an area steward or who represents the Union at meetings with management and who is authorized to represent the Union.
    (ii) “Voluntary Reassignment” is when an employee accepts a different position where the maximum rate of pay is less than his/her present rate of pay.
    (jj)

"Voluntary Separation" means:

      (i) an employee whose employment has been terminated and whose position is filled by another employee who was about to be or has been given a lay-off notice or who has been laid-off and is on the priority list as a result of a lay-off.
      (ii) an employee whose position has been transferred to a new community and the employee chooses not to transfer with the position.
    (kk) "Week" for the purposes of this Agreement shall be deemed to commence at 12:01 A.M. on Monday and terminate at midnight on Sunday.
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
    (a) if defined in the Public Service Act or in the Regulations made thereunder, or in the Union of Northern Workers' Act, have the same meaning as given to them in those Acts; and
    (b) if defined in the Interpretation Act, but not defined in the Acts mentioned in paragraph (a) above, have the same meaning as given to them in the Interpretation Act.
2.03 Where the masculine gender is used, it shall be considered to include the feminine gender unless any provision of this Agreement otherwise specifies.