1.01 The purpose of this Agreement is to maintain harmonious and
mutually beneficial relationships between the Employer, the Association and the
employees and to set forth herein certain terms and conditions of employment
relating to remuneration, hours of work, employee benefits and general working
conditions affecting all employees covered by this Agreement.
1.02 The Employer recognises the Association as the exclusive
bargaining agent for all employees described in the certificate issued by the
Public Service Staff Relations Board on June 3, 1999, covering employees of
the Financial Management Group (FI).
**
1.03 The parties to this Agreement share a desire to improve the
quality of financial management within the Public Service of Canada, to promote
prudence and probity in the management of public funds, to maintain and enhance
professional standards, and to promote the well-being and increased efficiency
of its employees to the end that the people of Canada will be well served.
1.04 The parties acknowledge the mutual benefits to be derived from
joint consultation on matters of professional development and community
interests.
1.05 Except to the extent provided herein, this Agreement in no way
restricts the authority of those charged with managerial responsibilities in the
Public Service.
2.01 For the purpose of this Agreement:
"allowance" means compensation payable for the performance
of special or additional duties (indemnité),
"Association" means the Association of Public Service
Financial Administrators (Association),
"bargaining unit" means the employees of the Employer in the
Financial Management Group as described in the certificate issued by the Public
Service Staff Relations Board on the 3rd day of June 1999 (unité
de négociation),
a "common-law spouse" relationship exists when, for a
continuous period of at least one (1) year, an employee has lived with a
person, publicly represented that person to be his/her spouse and continues to
live with the person as if that person were his/her spouse (conjoint de fait),
"compensatory leave" means leave with pay in lieu of cash
payment for overtime; the duration of such leave will be equal to the overtime
worked multiplied by the applicable overtime rate; the rate of pay to which an
employee is entitled during such leave shall be based on his/her hourly rate of
pay as calculated from the classification prescribed in his/her certificate of
appointment on the day immediately prior to the day on which leave is taken (congé
compensateur),
"continuous employment" has the same meaning as specified in
the existing Public Service Terms and Conditions of Employment Regulations
of the Employer on the date of signing of this Agreement (emploi continu),
"daily rate of pay" means an employee's weekly rate of pay
divided by five (5) (taux de rémunération journalier),
"day of rest" in relation to a full-time 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 him/her being on
leave or absent from duty without permission (jour de repos),
"employee" means a person so defined in the Public
Service Staff Relations Act, and who is a member of the Financial Management
bargaining unit (fonctionnaire),
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorized to
exercise the authority of the Treasury Board (Employeur),
"holiday" means the twenty-four (24)-hour period
commencing at 00:00 hours of a day designated as a paid holiday in this
Agreement (jour férié),
"hourly rate of pay" means a full-time employee's weekly
rate of pay divided by the normal number of hours in his/her work week (taux de
rémunération horaire),
"lay-off" means the termination of an employee's employment
because of lack of work or because of the discontinuance of a function (mise en
disponibilité),
"leave" means authorized absence from duty by an employee
during his/her regular or normal hours of work (congé),
"membership dues" means the dues established pursuant to the
constitution of the Association as the dues payable by its members as a
consequence of their membership in the Association, and shall not include any
initiation fee, insurance premium, or special levy (cotisations syndicales),
"overtime" (heures supplémentaires), means:
(a) in the case of a full-time employee, authorized work in excess of his/her
scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work performed in excess
of seven point five (7.5) hours per day or thirty-seven point five (37.5)
hours per week, but does not include time worked on a holiday,
or
(c) for any employee whose normal scheduled hours of work are in excess of
seven point five (7.5) hours per day, authorized work performed in excess
of those normal scheduled daily hours or an average of thirty-seven point five (37.5)
hours per week,
"spouse" will, when required, be interpreted to include
"common-law spouse" except, for the purposes of the Foreign Service
Directives, the definition of "spouse" will remain as specified in
Directive 2 of the Foreign Service Directives (conjoint),
"straight-time rate" means the employee's hourly rate of pay
(tarif normal),
"weekly rate of pay" means an employee's annual rate of pay
divided by fifty-two point one seven six (52.176) (taux de rémunération
hebdomadaire).
2.02 Except as otherwise provided in this Agreement, expressions used
in this Agreement:
(a) if defined in the Public Service Staff Relations Act, have the
same meaning as given to them in the Public Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public
Service Staff Relations Act, have the same meaning as given to them in the Interpretation
Act.
3.01 The provisions of this Agreement apply to the Association,
employees and the Employer.
3.02 Both the English and French texts of this Agreement shall be
official.
4.01 Nothing in this Agreement shall be construed to require the
Employer to do or refrain from doing anything contrary to any instruction,
direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied
or associated with Canada.
5.01 In the event that any law passed by Parliament, applying to
employees, renders null and void any provision of this Agreement, the remaining
provisions shall remain in effect for the term of the Agreement.
6.01 The Employer acknowledges the right of the Association to appoint
employees as Employee Representatives.
6.02 The Employer and the Association shall, by mutual agreement,
determine the area to be serviced by each Employee Representative.
6.03 The Association shall notify the Employer promptly and in
writing, of the names of its Employee Representatives appointed pursuant to
clause 6.02 and of any subsequent changes.
6.04 An Employee Representative shall obtain the permission of his/her
immediate supervisor before leaving work to investigate employee complaints, to
meet with local management for the purpose of dealing with grievances and to
attend meetings called by management. Upon the resumption of the normal duties
of the Employee Representative, he/she shall report back to the supervisor,
where practicable.
7.01
(a) A duly accredited representative of the Association may be permitted
access to the Employer's premises. Permission to enter the premises shall be
obtained from the Employer.
(b) The Association shall provide the Employer a list of such representatives
and shall advise promptly of any changes made to the list.
7.02 Space on bulletin boards will be made available to the
Association for the posting of official Association notices, in convenient
locations determined by the Employer. The posting of notices or other material
shall require the prior approval of the Employer, except notices of Association
business affairs and meetings, and Association elections, the names of the
Association's representatives and Employee Representatives and social and
recreational events. The Employer reserves the right to refuse the posting of
any information which it considers adverse to its interests or to the interests
of any of its representatives.
7.03 The Employer will also continue its present practice of making
available to the Association specific locations on its premises, where it is
practical to do so, for the placement of reasonable quantities of literature of
the Association.
8.01 Subject to the provisions of this Article, the Employer will, as
a condition of employment, deduct an amount equal to the monthly membership dues
from the monthly pay of all employees. Where an employee does not have
sufficient earnings in respect of any month to permit deductions made under this
Article, the Employer shall not be obligated to make such deduction from
subsequent salary.
8.02 The Association shall inform the Employer in writing of the
authorized monthly deduction to be checked off for each employee. In addition,
the Association shall advise the Employer in writing at least three (3)
months prior to the effective date of any amendment to the amount of the
authorized monthly deduction. Such amendments shall only be made once each
fiscal year.
8.03 For the purpose of applying clause 8.01, deductions from pay
for each employee in respect of each calendar month will start with the first (1st)
full calendar month of employment to the extent that earnings are available.
8.04 An employee who satisfies the Employer to the extent that he/she
declares in an affidavit that he/she is a member of a religious organization
whose doctrine prevents him/her as a matter of conscience from making financial
contributions to an employee organization and that he/she will make
contributions to a charitable organization registered pursuant to the Income
Tax Act, equal to dues, shall not be subject to this Article, provided that
the affidavit submitted by him/her is countersigned by an official
representative of the religious organization involved.
8.05 No employee organization, as defined in Section 2 of the Public
Service Staff Relations Act, other than the Association, shall be permitted
to have membership dues and/or other monies deducted by the Employer from the
pay of employees.
8.06 The amounts deducted in accordance with clause 8.01 shall be
remitted to the Treasurer of the Association by cheque within a reasonable
period of time after deductions are made and shall be accompanied by particulars
identifying each employee and the deductions made on the employee's behalf.
8.07 The Association agrees to indemnify and save the Employer
harmless against any claim or liability arising out of the application of this
Article, except for any claim or liability arising out of an error committed by
the Employer limited to the amount actually involved in the error.
9.01 The Employer agrees to supply the Association each quarter with
the name, geographic location and classification of each new employee.
9.02 The Employer agrees to supply each employee with a copy of this
Agreement and any amendments thereto. For the purpose of satisfying the
Employer's obligation under this clause, employees may be given electronic
access to this Agreement. Where electronic access to the Agreement is
unavailable or impractical, the employee shall be supplied, on request, with a
printed copy of the Agreement.
9.03 The Employer agrees to distribute to each new employee an
information package prepared and supplied by the Association. Such information
package and any amendments thereto shall require the prior approval of the
Employer. The Employer shall have the right to refuse to distribute any
information that it considers adverse to its interests or to the interests of
any of its representatives.
10.01 If employees are prevented from performing their duties because
of a strike or lock-out on the premises of another employer, the employees shall
report the matter to the Employer, and the Employer will make reasonable efforts
to ensure that such employees are employed elsewhere, so that they shall receive
their regular pay and benefits to which they would normally be entitled.
11.01 Unless otherwise specified by the Employer as being in an area
that could represent a conflict of interest, employees shall not be restricted
in engaging in other employment outside the hours they are required to work for
the Employer.
Leave for Elected Officials
12.01 When operational requirements permit, the Employer will grant
leave without pay to an employee who is elected or appointed to a full-time
Association office for a period in excess of three (3) months.
Complaints made to the Public Service Staff Relations Board pursuant to
Section 23 of the Public Service Staff Relations Act
12.02 When operational requirements permit, the Employer will grant
leave with pay:
(a) to an employee who makes a complaint on his/her own behalf, before the
Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or
who acts on behalf of the Association making a complaint.
Applications for Certification, Representations and Interventions
with respect to Applications for Certification
12.03 When operational requirements permit, the Employer will grant
leave without pay:
(a) to an employee who represents the Association in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
12.04 The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations
Board,
and
(b) when operational requirements permit, to an employee called as a witness
by an employee or the Association.
Arbitration Board Hearings, Conciliation Board Hearings and
Alternative Dispute Resolution Process
12.05 When operational requirements permit, the Employer will grant
leave with pay to a reasonable number of employees representing the Association
before an Arbitration Board, a Conciliation Board or in an Alternative Dispute
Resolution Process.
12.06 The Employer will grant leave with pay to an employee called as
a witness by an Arbitration Board, a Conciliation Board or in an Alternative
Dispute Resolution Process and, when operational requirements permit, leave with
pay to an employee called as a witness by the Association.
Adjudication
12.07 When operational requirements permit, the Employer will grant
leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
12.08 When operational requirements permit, the Employer will grant to
an employee:
(a) when the Employer originates a meeting with the employee who has
presented the grievance, leave with pay when the meeting is held in the
headquarters area of the employee and "on duty" status when the
meeting is held outside the employee's headquarters area,
and
(b) when an employee who has presented a grievance seeks to meet with the
Employer, leave with pay to the employee when the meeting is held in the
headquarters area of such employee and leave without pay when the meeting is
held outside the headquarters area of such employee.
12.09 When an employee wishes to represent, at a meeting with the
Employer, an employee who has presented a grievance, the Employer will arrange
the meeting having regard to operational requirements, and will grant leave with
pay to the representative when the meeting is held in the representative's
headquarters area and leave without pay when the meeting is held outside the
representative's headquarters area.
12.10 Where an employee has asked or is obliged to be represented by
the Association in relation to the presentation of a grievance and an employee
acting on behalf of the Association wishes to discuss the grievance with that
employee, the employee and the representative of the employee will, where
operational requirements permit, be given reasonable leave with pay for this
purpose when the discussion takes place in their headquarters area and
reasonable leave without pay when it takes place outside their headquarters
area.
Contract Negotiation Meetings
12.11 When operational requirements permit, the Employer will grant
leave without pay to a reasonable number of employees for the purpose of
attending contract negotiation meetings on behalf of the Association.
Preparatory Contract Negotiation Meetings
12.12 When operational requirements permit, the Employer will grant
leave without pay to a reasonable number of employees to attend preparatory
contract negotiation meetings.
Meetings Between the Association and Management Not Otherwise Specified in
this Article
12.13 When operational requirements permit, the Employer will grant
leave with pay to a reasonable number of employees who are meeting with
management on behalf of the Association.
12.14 Subject to operational requirements, the Employer shall grant
leave without pay to a reasonable number of employees to attend meetings and
conventions provided for in the constitution and by-laws of the Association.
Representatives' Training Courses
12.15 When operational requirements permit, the Employer will grant
leave without pay to employees who exercise the authority of a representative on
behalf of the Association to undertake training related to the duties of a
representative.
12.16 An employee shall not be entitled to any compensation under
Overtime and Travelling Time in respect of hours he/she is acting or travelling
under the provisions of this Article.
13.01 The Public Service Staff Relations Act provides penalties
for engaging in illegal strikes. Disciplinary action may also be taken, which
will include penalties up to and including termination of employment pursuant to
Section 11(2)(f) of the Financial Administration Act, for
participation in an illegal strike as defined in the Public Service Staff
Relations Act.
14.01 When an employee is suspended from duty, the Employer undertakes
to notify the employee in writing of the reason for such suspension. The
Employer shall endeavour to give such notification at the time of suspension.
14.02 The Employer shall notify the National Office of the Association
that such suspension has occurred.
**
14.03 When an employee is required to attend a meeting, the purpose of
which is to render a disciplinary decision concerning him/her the employee is
entitled to have, at his/her request, a representative of the Association attend
the meeting. Where practicable, the employee shall receive a minimum of one (1)
day's notice in writing of such a meeting.
14.04 The Employer agrees not to introduce as evidence in a hearing
relating to disciplinary action any document from the file of an employee the
content of which he/she was not aware of at the time of filing or within a
reasonable period thereafter.
14.05 Any document or written statement related to disciplinary
action, which may have been placed on the personnel file of an employee shall be
destroyed after two (2) years have elapsed since the disciplinary action
was taken, provided that no further disciplinary action has been recorded during
this period.
14.06 Where written departmental standards of discipline are developed
or amended, the Employer agrees to supply sufficient information on the
standards of discipline to the Association.
15.01 The Employer shall make reasonable provisions for the
occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Association, and the parties undertake to
consult with a view to adopting and expeditiously carrying out reasonable
procedures and techniques designed or intended to prevent or reduce the risk of
employment injury.
16.01 Upon request of either party, the parties to this Agreement
shall consult meaningfully at the appropriate level about contemplated changes
in conditions of employment or working conditions not governed by this
Agreement.
16.02 Without prejudice to the position the Employer or the
Association may wish to take in future about the desirability of having the
subjects dealt with by the provisions of collective agreements, the subjects
that may be determined as appropriate for joint consultation will be by
agreement of the parties.
16.03 Within five (5) days of notification of consultation served
by either party, the Association shall notify the Employer in writing of the
representatives authorized to act on behalf of the Association for consultation
purposes.
17.01 In cases of alleged misinterpretation or misapplication arising
out of agreements concluded by the National Joint Council (NJC) of the Public
Service on items which may be included in a collective agreement and which the
parties to this Agreement have endorsed, the grievance procedure will be in
accordance with Part 14 of the NJC By-Laws.
17.02 Subject to and as provided in Section 91 of the Public
Service Staff Relations Act, an employee who feels that he/she has been
treated unjustly or considers him/herself aggrieved by any action or lack of
action by the Employer in matters other than those arising from the
classification process is entitled to present a grievance in the manner
prescribed in clause 17.05 except that:
(a) where there is another administrative procedure provided by or under any
Act of Parliament to deal with the employee's specific complaint, such procedure
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Agreement or an Arbitral Award, the employee is not entitled to present the
grievance unless the employee has the approval of and is represented by the
Association.
17.03 Except as otherwise provided in this Agreement a grievance shall
be processed by recourse to the following levels:
(a) Level 1 - first level of management;
(b) Levels 2 and 3 - intermediate level(s) where such level or
levels are established in departments or agencies;
(c) Final level - Deputy Head or the Deputy Head's authorized
representative.
Whenever there are four levels in the grievance procedure, the grievor may
elect to waive either Level 2 or 3.
17.04 The Employer shall designate a representative at each level in
the grievance procedure and shall inform each employee to whom the procedure
applies of the name or title of the person so designated together with the name
or title and address of the immediate supervisor or local officer-in-charge to
whom a grievance is to be presented. This information shall be communicated to
employees by means of notices posted by the Employer in places where such
notices are most likely to come to the attention of the employees to whom the
grievance procedure applies, or otherwise as determined by agreement between the
Employer and the Association.
17.05 An employee who wishes to present a grievance at a prescribed
level in the grievance procedure, shall transmit this grievance to his/her
immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to
deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the
grievance was received by her.
17.06 Where it is necessary to present a grievance by mail, the
grievance shall be deemed to have been presented on the day on which it is
postmarked and it shall be deemed to have been received by the Employer on the
date it is delivered to the appropriate office of the department or agency
concerned. Similarly the Employer shall be deemed to have delivered a reply at
any level on the date on which the letter containing the reply is postmarked,
but the time limit within which the grievor may present his/her grievance at the
next higher level shall be calculated from the date on which the Employer's
reply was delivered to the address shown on the grievance form.
17.07 A grievance of an employee shall not be deemed to be invalid by
reason only that it is not in accordance with the form supplied by the Employer.
17.08 An employee may be assisted and/or represented by the
Association when presenting a grievance at any level.
17.09 The Association shall have the right to consult with the
Employer with respect to a grievance at each level of the grievance procedure.
Where consultation is with the deputy head, the deputy head shall render the
decision.
17.10 An employee may present a grievance to the First Level of the
procedure in the manner prescribed in clause 17.05, not later than the
twenty-fifth (25th) day after the date on which he/she is
notified orally or in writing or on which he/she first becomes aware of the
action or circumstances giving rise to grievance.
17.11 The Employer shall normally reply to an employee's grievance, at
any level in the grievance procedure, except the final level, within ten (10)
days after the date the grievance is presented at that level. Where such
decision or settlement is not satisfactory to the employee, he/she may submit a
grievance at the next higher level in the grievance procedure within ten (10)
days after that decision or settlement has been conveyed to him/her in writing.
17.12 If the Employer does not reply within fifteen (15) days
from the date that a grievance is presented at any level, except the final
level, the employee may, within the next ten (10) days, submit the
grievance at the next higher level of the grievance procedure.
17.13 The Employer shall normally reply to an employee's grievance at
the final level of the grievance procedure within thirty (30) days after
the grievance is presented at that level.
17.14 Where an employee has been represented by the Association in the
presentation of his/her grievance, the Employer will provide the appropriate
representative of the Association with a copy of the Employer's decision at each
level of the grievance procedure at the same time that the Employer's decision
is conveyed to the employee.
17.15 The decision given by the Employer at the Final Level in the
grievance procedure shall be final and binding upon the employee unless the
grievance is a class of grievance that may be referred to adjudication.
17.16 In determining the time within which any action is to be taken
as prescribed in this procedure, Saturdays, Sundays and designated paid holidays
shall be excluded.
17.17 The time limits stipulated in this procedure may be extended by
mutual agreement between the Employer and the employee and, where appropriate,
the Association representative.
17.18 Where it appears that the nature of the grievance is such that a
decision cannot be given below a particular level of authority, any or all the
levels, except the final level, may be eliminated by agreement of the Employer
and the employee, and, where applicable, the Association.
17.19 Where the Employer demotes or terminates an employee for cause
pursuant to paragraph 11(2)(f) or (g) of the Financial Administration
Act, the grievance procedure set forth in this Agreement shall apply except
that the grievance shall be presented at the final level only.
17.20 An employee may abandon a grievance by written notice to his/her
immediate supervisor or officer-in-charge.
17.21 An employee who fails to present a grievance to the next higher
level within the prescribed time limits shall be deemed to have abandoned the
grievance, unless he/she was unable to comply with the prescribed time limits
due to circumstances beyond his/her control.
17.22 No person who is employed in a managerial or confidential
capacity shall seek by intimidation, by threat of dismissal or by any other kind
of threat to cause an employee to abandon his/her grievance or refrain from
exercising his/her right to present a grievance as provided in this Agreement.
17.23 Where an employee has presented a grievance up to and including
the Final Level in the grievance procedure with respect to:
(a) the interpretation or application in respect of his/her of a provision of
this Agreement or a related arbitral award,
or
(b) a disciplinary action resulting in suspension or a financial penalty,
or
(c) a termination of employment or demotion pursuant to paragraph 11(2)(f)
or (g) of the Financial Administration Act,
and his/her grievance has not been dealt with to his/her satisfaction, he/she
may refer the grievance to adjudication in accordance with the provisions of the
Public Service Staff Relations Act and Regulations.
17.24 Where a grievance that may be presented by an employee to
adjudication is a grievance relating to the interpretation or application in
respect of his/her of a provision of this Agreement or an arbitral award, he/she
is not entitled to refer the grievance to adjudication unless the Association
signifies in the prescribed manner:
(a) its approval of the reference of the grievance to adjudication,
and
(b) its willingness to represent the employee in the adjudication proceedings.
18.01 Day Work
(a) The normal work week shall be thirty-seven point five (37.5) hours
from Monday to Friday inclusive, and the normal work day shall be seven point
five (7.5) consecutive hours, exclusive of a lunch period, between the
hours of 7 a.m. and 6 p.m.
(b) Subject to operational requirements as determined from time to time by
the Employer, an employee shall have the right to select and request flexible
hours between 7 a.m. and 6 p.m. and such request shall not be
unreasonably denied.
18.02 Within five (5) days of notification of consultation served
by either party, the Association shall notify the Employer in writing of the
representative authorized to act on behalf of the Association for consultation
purposes.
18.03 An employee on day work whose hours of work are changed to
extend before or beyond the stipulated hours of 7 a.m. and 6 p.m., as
provided in clause 18.01, and who has not received at least five (5)
days' notice in advance of the starting time of such change, shall be paid for
the first (1st) day or shift worked subsequent to such change at
the rate of one point five (1.5) times his/her hourly rate of pay.
Subsequent days or shifts worked on the revised hours shall be paid for at the
straight-time rate, subject to the overtime provisions of this Agreement.
18.04
(a) Notwithstanding the provisions of this Article, upon request of an
employee and the concurrence of the Employer, an employee may complete his/her
weekly hours of employment in a period other than five (5) full days
provided that over a period of fourteen (14), twenty-one (21) or
twenty-eight (28) calendar days he/she works an average of thirty-seven
point five (37.5) hours per week. As part of the provisions of this clause,
attendance reporting shall be mutually agreed between the employee and the
Employer. In every fourteen (14), twenty-one (21) or twenty-eight (28)
day period such an employee shall be granted days of rest on such days as are
not scheduled as a normal work day for him/her.
(b) Notwithstanding anything to the contrary contained in this Agreement, the
implementation of any variation in hours shall not result in any additional
overtime work or additional payment by reason only of such variation nor shall
it be deemed to prohibit the right of the Employer to schedule any hours of work
permitted by the terms of this Agreement.
General
18.05 The Employer may require employees to register their attendance
in a form or in forms to be determined by the Employer.
18.06 Where operational requirements permit, the Employer will provide
two (2) rest periods of fifteen (15) minutes each per full working
day.
19.01 Assignment of Overtime Work
(a) The Employer shall make every reasonable effort to avoid excessive
overtime and to allocate overtime work on an equitable basis among readily
available qualified employees.
(b) Except in cases of emergency, call-back or mutual agreement with the
employee, the Employer shall, wherever possible, give at least four (4)
hours' notice of any requirement for overtime work.
19.02 Overtime Compensation on a Normal Work Day
Subject to clause 19.04, an employee who is required to work overtime on
his/her normal work days is entitled to compensation at the rate of one point
five (1.5) times his/her hourly rate of pay for the first seven and
one-half (7.5) overtime hours worked and double (2) time thereafter.
19.03 Overtime Compensation on a Day of Rest
Subject to clause 19.04, an employee who is required to work on a day of
rest is entitled to compensation at the rate of one point five (1.5) times
his/her hourly rate of pay for the first seven point five (7.5) hours and
the rate of two (2) times his/her hourly rate of pay thereafter, except
that:
(a) when he/she is required by the Employer to work on two (2) or more
consecutive and contiguous days of rest he/she shall be compensated on the basis
of double (2) time for each hour worked on the second and each subsequent
day of rest;
(b) when he/she is required to report for work and reports on a day of rest,
he/she shall be paid the greater of:
(i) compensation at the applicable overtime rate;
or
(ii) compensation equivalent to three (3) hours' pay at the applicable
overtime rate except that the minimum of three (3) hours' pay shall apply
only the first time that he/she reports for work during a period of eight (8)
hours, starting with his/her first reporting;
(c) the minimum payment referred to in subparagraph (b)(ii) does not
apply to part-time workers. Part-time employees will receive a minimum payment
in accordance with clause 27.12.
19.04 An employee is entitled to overtime compensation under clauses 19.02
and 19.03 for each completed period of fifteen (15) minutes of overtime
worked by her:
(a) when the overtime work is authorized in advance by the Employer,
and
(b) when he/she does not control the duration of the overtime work.
19.05 Employees shall record starting and finishing times of overtime
work in a form determined by the Employer.
19.06
(a) Overtime shall be compensated in cash except where, upon mutual agreement
between the employee and the Employer, overtime may be compensated in
compensatory leave with pay. The duration of such leave will be equal to the
overtime worked multiplied by the applicable overtime rate. The rate of pay to
which an employee is entitled during such leave shall be based on his/her hourly
rate of pay as calculated from the classification prescribed in his/her
certificate of appointment on the day immediately prior to the day on which
leave is taken.
(b) The Employer shall grant compensatory time off at times convenient to
both the employee and the Employer.
(c) Compensatory leave with pay not used by the end of a twelve (12)
month period, to be determined by the Employer, will be paid for in cash.
(d) The Employer will endeavour to pay cash compensation for overtime within
two (2) months from the pay period in which it is earned.
19.07 Meals
**
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following his/her normal hours of work shall
be reimbursed his/her expenses for one meal in the amount of ten dollars ($10.00),
except where free meals are provided.
**
(b) When an employee works overtime continuously extending four (4) hours
or more beyond the period provided in paragraph (a), the employee shall be
reimbursed for one additional meal in the amount of ten dollars ($10.00),
except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be
allowed the employee in order that he/she may take a meal break either at or
adjacent to his/her place of work.
(d) Meal allowances under this clause shall not apply to an employee who is
in travel status which entitles him/her to claim expenses for lodging and/or
meals.
19.08 Compensation under this Article shall not be paid for overtime
worked by an employee at courses, training sessions, conferences and seminars
unless he/she is required to attend by the Employer.
19.09
(a) If an employee is given instructions before the beginning of his/her meal
break or before the midpoint of his/her work day whichever is earlier, to work
overtime on that day and reports for work at a time which is not contiguous to
his/her work period, he/she shall be paid for the time actually worked, or a
minimum of two (2) hours' pay at straight time, whichever is the greater.
(b) If an employee is given instructions, after the midpoint of his/her work
day or after the beginning of his/her meal break whichever is earlier, to work
overtime on that day and reports for work at a time which is not contiguous to
his/her work period, he/she shall be paid for the time actually worked, or a
minimum of three (3) hours' pay at straight time, whichever is the greater.
19.10
(a) When an employee is required to report for work and reports under the
conditions described in clauses 19.03 and 19.09, and is required to use
transportation services other than normal public transportation services, he/she
shall be reimbursed for reasonable expenses incurred as follows:
(i) mileage allowance at the rate normally paid to an employee when
authorized by the Employer to use his/her automobile when he/she travels by
means of his/her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
(b) Except when required by the Employer to use a vehicle of the Employer for
transportation to a work location other than the employee's normal place of
work, time spent by the employee reporting to work or returning to his/her
residence shall not constitute time worked.
20.01
(a) If an employee is called back to work:
(i) on a designated paid holiday which is not his/her scheduled day of
work,
or
(ii) on his/her day of rest,
or
(iii) after he/she has completed his/her work for the day and has left
his/her place of work
and returns to work, he/she shall be paid the greater of:
(iv) the minimum of three (3) hours' pay at the applicable overtime
rate of pay for each call-back to a maximum of eight (8) hours' pay in an
eight (8)-hour period. Such maximum shall include any reporting pay
pursuant to clause 22.08 and sub-clause 19.03(b),
or
(v) compensation at the applicable rate of overtime compensation for time
worked,
provided that the period worked by him/her is not contiguous to his/her
normal hours of work.
(b) The minimum payment referred to in subparagraph (a)(iv) does not
apply to part-time employees. Part-time employees will receive a minimum payment
in accordance with clause 27.11.
**
20.02
An employee who receives a call to duty or responds to a telephone or data
line call while on standby or at any other time outside of his or her scheduled
hours of work, may, at the discretion of the Employer work at the employee's
residence or at another place to which the Employer agrees. In such instances,
over an eight (8)-hour period which starts the first time an employee
commences work, the employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for all accumulated time
worked within the eight (8)-hour period,
or
(b) compensation equivalent to one (1) hour's pay at the
straight-time rate.
20.03 Except when required by the Employer to use a vehicle of the
Employer for transportation to a work location other than the employee's normal
place of work, time spent by the employee reporting to work or returning to
his/her residence shall not constitute time worked.
20.04 No Pyramiding of Payments
Payments provided under the Overtime, the Designated Paid Holidays, Reporting
Pay and the Standby provisions of this Agreement and clause 20.01 above
shall not be pyramided, that is an employee shall not receive more than one
compensation for the same service.
21.01 When the Employer requires an employee to be available on
standby during off-duty hours, such employee shall be compensated at the rate of
one-half (1/2) hour for each four (4) hour period or portion thereof
for which the employee has been designated as being on standby duty.
21.02 An employee designated by letter or by list for stand-by duty
shall be available during his/her period of stand-by at a known telephone number
and be available to return for duty as quickly as possible, if called. In
designating employees for standby, the Employer will endeavour to provide for
the equitable distribution of standby duties.
21.03 No standby payment shall be granted if an employee is unable to
report for duty when required.
21.04 An employee on standby who is required to report for work shall
be paid, in addition to the standby pay, the greater of:
(a) the applicable overtime rate for the time worked,
or
(b) the minimum of four (4) hours' pay at the hourly rate of pay, except
that this minimum shall apply only the first (1st) time that
he/she is required to report for work during a period of standby of eight (8)
hours.
**
21.05
An employee who receives a call to duty or responds to a telephone or data
line call while on standby or at any other time outside of his or her scheduled
hours of work, may, at the discretion of the Employer work at the employee's
residence or at another place to which the Employer agrees. In such instances,
over an eight (8)-hour period which starts the first time an employee
commences work, the employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for all accumulated time
worked within the eight (8)-hour period,
or
(b) compensation equivalent to one (1) hour's pay at the
straight-time rate.
21.06 Except when required by the Employer to use a vehicle of the
Employer for transportation to a work location other than the employee's normal
place of work, time spent by the employee reporting to work or returning to
his/her residence shall not constitute time worked.
21.07 No Pyramiding of Payments
Payments provided under the Overtime, the Designated Paid Holidays, Call-Back
and Reporting Pay provisions of this Agreement and clause 21.04 above shall
not be pyramided, that is an employee shall not receive more than one
compensation for the same service.
22.01 Subject to clause 22.02, the following days shall be
designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration
of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day
of Thanksgiving
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is
recognized to be a provincial or civic holiday in the area in which the employee
is employed or, in any area where, in the opinion of the Employer, no such
additional day is recognized as a provincial or civic holiday, the first (1st)
Monday in August,
(l) one additional day when proclaimed by an Act of Parliament as a national
holiday.
22.02 An employee absent without pay on both his/her full working day
immediately preceding and his/her full working day immediately following a
designated holiday is not entitled to pay for the holiday, except in the case of
an employee who is granted leave without pay under the provisions of Article 12,
Leave With or Without Pay For Association Business.
22.03
(a) When a day designated as a holiday under clause 22.01 coincides with
an employee's day of rest, the holiday shall be moved to the first (1st)
scheduled working day following his/her day of rest. When a day that is a
designated holiday is so moved to a day on which the employee is on leave with
pay, that day shall count as a holiday and not as a day of leave.
(b) When two (2) days designated as holidays under clause 22.01
coincide with an employee's consecutive days of rest, the holidays shall be
moved to his/her first two (2) scheduled working days following the days of
rest. When the days that are designated holidays are so moved to days on which
the employee is on leave with pay, those days shall count as holidays and not as
days of leave.
22.04 When a day designated as a holiday for an employee is moved to
another day under the provisions of clause 22.03:
(a) work performed by an employee on the day from which the 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 holiday was moved,
shall be considered as work performed on a holiday.
22.05 When an employee works on a holiday, he/she shall be paid:
(a) at the rate of one point five (1.5) times his/her hourly rate of pay
for all hours worked up to seven point five (7.5) hours, and at the rate of
two (2) times his/her hourly rate of pay thereafter, in addition to the pay
that he/she would have been granted had he/she not worked on the holiday,
or
(b) upon request, and with the approval of the Employer, he/she may be
granted:
(i) a day of leave with pay (straight-time rate of pay) at a later date in
lieu of the holiday,
and
(ii) pay at one point five (1.5) times the straight-time rate of pay
for all hours worked up to seven point five (7.5) hours,
and
(iii) pay at two (2) times the straight-time rate of pay for all hours
worked by him/her on the holiday in excess of seven point five (7.5) hours.
22.06
(a) Subject to operational requirements and adequate advance notice, the
Employer shall grant lieu days at such times as the employee may request.
(b) When in a fiscal year an employee has not been granted all of his/her
lieu days as requested by him/her, at his/her option, such lieu days shall be
paid off at his/her straight-time rate of pay or carried over for one (1)
year. In all other cases unused lieu days shall be paid off at his/her
straight-time rate of pay.
(c) The straight-time rate of pay referred to in paragraph (b) shall be
the rate in effect when the lieu day was earned.
22.07 When an employee works on a holiday, which is not his/her
scheduled day of work, contiguous to a day of rest on which he/she also worked
and received overtime in accordance with paragraphs 22.05(a) or (b) he/she
shall be paid in addition to the pay that he/she would have been granted had
he/she not worked on the holiday, two (2) times his/her hourly rate of pay
for all time worked.
22.08 When an employee is required to report for work and reports on a
designated holiday, he/she shall be paid the greater of:
(a) compensation in accordance with the provisions of clause 22.05;
or
(b) three (3) hours' pay at the applicable overtime rate of pay.
22.09
(a) When an employee is required to report for work, reports on a designated
holiday and is required to use transportation services other than normal public
transportation services he/she shall be reimbursed for reasonable expenses
incurred as follows:
(i) mileage allowance at the rate normally paid to an employee when
authorized by the Employer to use his/her automobile when he/she travels by
means of his/her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
(b) Except when required by the Employer to use a vehicle of the Employer for
transportation to a work location other than the employee's normal place of
work, time spent by the employee reporting to work or returning to his/her
residence shall not constitute time worked.
22.10 Where a day that is a designated holiday for an employee
coincides with a day of leave with pay, that day shall count as a holiday and
not as a day of leave.
22.11 Where operational requirements permit, the Employer shall not
schedule an employee to work both December 25 and January 1 in the
same holiday season.
23.01 The Employer shall make every reasonable effort to accommodate
an employee who requests time off to fulfill his or her religious obligations.
23.02 Employees may, in accordance with the provisions of this
Agreement, request annual leave, compensatory leave, leave without pay for other
reasons in order to fulfill their religious obligations.
23.03 Notwithstanding clause 23.02, at the request of the
employee and at the discretion of the Employer, time off with pay may be granted
to the employee in order to fulfill his or her religious obligations. The number
of hours with pay so granted must be made up hour for hour within a period of
six (6) months, at times agreed to by the Employer. Hours worked as a
result of time off granted under this clause shall not be compensated nor should
they result in any additional payments by the Employer.
23.04 An employee who intends to request leave or time off under this
Article must give notice to the Employer as far in advance as possible but no
later than four (4) weeks before the requested period of absence.
24.01 For the purposes of this Agreement, travelling time is
compensated for only in the circumstances and to the extent provided for in this
Article.
24.02 When an employee is required to travel outside his/her
headquarters area on government business, as these expressions are defined by
the Employer, the time of departure and the means of such travel shall be
determined by the Employer and the employee will be compensated for travel time
in accordance with clauses 24.03 and 24.04. Travelling time shall include
time necessarily spent at each stop-over enroute provided such stop-over is not
longer than three (3) hours.
24.03 For the purposes of clauses 24.02 and 24.04, the travelling
time for which an employee shall be compensated is as follows:
(a) for travel by public transportation, the time between the scheduled time
of departure and the time of arrival at a destination, including the normal
travel time to the point of departure, as determined by the Employer;
(b) for travel by private means of transportation, the normal time as
determined by the Employer, to proceed from the employee's place of residence or
work place, as applicable, direct to his/her destination and, upon his/her
return, direct back to his/her residence or work place;
(c) in the event that an alternate time of departure and/or means of travel
is requested by the employee, the Employer may authorize such alternate
arrangements, in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
24.04 If an employee is required to travel as set forth in clauses 24.02
and 24.03:
(a) on a normal working day on which he/she travels but does not work, he/she
shall receive his/her regular pay for the day;
(b) on a normal working day on which he/she travels and works, he/she shall
be paid:
(i) his/her regular pay for the day for a combined period of travel and
work not exceeding his/her regular scheduled working hours,
and
(ii) at the applicable overtime rate for additional travel time in excess
of his/her regularly scheduled hours of work and travel, with a maximum
payment for such additional travel time not to exceed twelve (12) hours'
pay at the straight-time rate of pay;
(c) on a day of rest or on a designated paid holiday, he/she shall be paid at
the applicable overtime rate for hours travelled to a maximum of twelve (12)
hours' pay at the straight-time rate of pay.
24.05 Upon application by the employee and at the discretion of the
Employer, compensation earned under this Article may be taken in the form of
Compensatory Leave at the applicable overtime rate. Leave credits outstanding at
the end of the fiscal year shall be paid in cash at the employee's daily rate of
pay as calculated from the classification prescribed in his/her certificate of
appointment on the last day of the fiscal year.
24.06 This Article does not apply to an employee when he/she travels
by any type of transport in which he/she is required to perform work, and/or
which also serves as his/her living quarters during a tour of duty. In such
circumstances, he/she shall receive the greater of:
(a) on a normal working day, his/her regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 22,
Designated Paid Holidays and the overtime provisions of this Agreement.
24.07 Compensation under this Article shall not be paid for travel
time to courses, training sessions, conferences and seminars, unless the
employee is required to attend by the Employer.
**
24.08 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his or her permanent residence for forty (40) nights
during a fiscal year shall be granted one (1) day off with pay. The
employee shall be credited with one additional day off for each additional
twenty (20) nights that the employee is away from his or her permanent
residence to a maximum of eighty (80) additional nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory
leave with pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to
paragraphs 19.06(b) and (c).
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
25.01 Under the following circumstances and subject to clause 25.02,
an employee shall receive severance benefits calculated on the basis of his/her
weekly rate of pay:
(a) Lay-off
(i) On the first lay-off two (2) weeks' pay for the first complete
year of continuous employment and one (1) week's pay for each additional
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five (365).
(ii) On second or subsequent lay-off one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five (365),
less any period in respect of which the employee was granted severance pay
under 25.01(a)(i).
(b) Resignation
(i) On resignation, subject to paragraph (d) and with ten (10) or
more years of continuous employment, zero point five (0.5) week's pay for
each complete year of continuous employment up to a maximum of twenty-six (26)
years with a maximum benefit of thirteen (13) weeks' pay.
(ii) Notwithstanding subparagraph (b)(i), an employee who resigns to
accept an appointment with an organization listed in Part II of Schedule I
of the Public Service Staff Relations Act may choose not to be paid
severance pay provided that the appointing organization will accept his/her
Part I of Schedule I service for its severance pay entitlement.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than one (1)
year of continuous employment and ceases to be employed by reason of rejection
during a probationary period, one (1) week's pay.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity
under the Public Service Superannuation Act or when he/she is entitled
to an immediate annual allowance, under the Public Service Superannuation
Act,
or
(ii) a part-time employee, who regularly works more than thirteen point
five (13.5) but less than thirty (30) hours a week, and who, if he/she
were a contributor under the Public Service Superannuation Act, would
be entitled to an immediate annuity thereunder, or who would have been
entitled to an immediate annual allowance if he/she were a contributor under
the Public Service Superannuation Act,
a severance payment in respect of his/her complete period of continuous
employment, comprised of one (1) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), to a
maximum of thirty (30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to his/her estate a severance
payment in respect of his/her complete period of continuous employment,
comprised of one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1)
week's pay multiplied by the number of days of continuous employment divided by
three hundred and sixty five (365), to a maximum of thirty (30) weeks'
pay, regardless of any other benefit payable.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of
continuous employment and ceases to be employed by reason of termination for
cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of
continuous employment and ceases to be employed by reason of termination for
cause of reasons of incompetence pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of twenty-eight (28) weeks.
25.02 The period of continuous employment used in the calculation of
severance benefits payable to an employee under this Article shall be reduced by
any period of continuous employment in respect of which the employee was already
granted any type of termination benefit. Under no circumstances shall the
maximum severance pay provided under clause 25.01 above be pyramided.
25.03 The weekly rate of pay referred to in the above clauses shall be
the weekly rate of pay to which the employee is entitled for the classification
prescribed in his/her certificate of appointment on the date of the termination
of his/her employment.
26.01 The Employer and the Association agree that the following
conditions shall apply to employees for whom variable hours of work schedules
are approved pursuant to the relevant provisions of this Agreement.
26.02 It is agreed that the implementation of any such variation in
hours shall not result in any additional expenditure or cost by reason only of
such variation.
26.03 General Terms
(a) The scheduled hours of work of any day as set forth in a work schedule,
may exceed or be less than the regular workday hours; starting and finishing
times, meal breaks and rest periods shall be determined according to operational
requirements as determined by the Employer and the daily hours of work shall be
consecutive.
(b) For day workers, such schedules shall provide that an employee's normal
workweek shall average thirty-seven point five (37.5) hours per week over
the life of the schedule. The maximum life of a schedule shall be twenty-eight (28)
days.
(c) Whenever an employee changes his/her variable hours or no longer works
variable hours, all appropriate adjustments will be made.
26.04 Specific Application
For greater certainty, the following provisions shall be administered as
provided herein:
(a) Interpretation and Definitions
"Daily rate of pay" - shall not apply.
(b) Overtime
Overtime shall be compensated for all work performed:
(i) in excess of an employee's scheduled hours of work on a scheduled
working day in accordance with the provisions of this Agreement;
(ii) on days of rest at the rate of one point five (1.5) times his/her
hourly rate of pay except that if the overtime is worked by the employee on
two (2) or more consecutive and contiguous days of rest, he/she shall be
paid at two (2) times his/her hourly rate of pay for each hour worked on
the second and subsequent days of rest. "Second and subsequent days of
rest" means the second and subsequent days in an unbroken series of
consecutive and contiguous calendar days of rest.
(c) Travel
Overtime compensation referred to in clause 24.04 shall only be
applicable on a normal day for hours in excess of the employee's daily scheduled
hours of work.
(d) Designated Paid Holidays
(i) A designated paid holiday shall account for seven point five (7.5)
hours.
(ii) When an employee works on a Designated Paid Holiday, he/she shall be
compensated, in addition to the normal daily hours', at the rate of one point
five (1.5) times his/her hourly rate of pay up to his/her regular
scheduled hours worked and at the rate of two (2) times his/her hourly
rate of pay for all hours worked in excess of his/her regular scheduled hours.
(iii) When an employee works on a Designated Paid Holiday, which is not
his/her scheduled day of work, contiguous to a day of rest on which he/she
also worked and received overtime in accordance with this Article, he/she
shall be paid in addition to the pay that he/she would have been granted had
he/she not worked on the holiday, two (2) times his/her hourly rate of
pay for all time worked.
(e) Acting Pay
The qualifying period for acting pay as specified in Article 56 shall be
converted to hours.
Definition
27.01 Part-time employee means an employee whose normal scheduled
hours of work on an average are less than thirty-seven point five (37.5)
hours per week but not less than those prescribed in the Public Service Staff
Relations Act.
General
27.02 Part-time employees shall be entitled to the benefits provided
under this Agreement in the same proportion as their normal weekly hours of work
compare with the normal weekly hours of work of full-time employees, unless
otherwise specified in this Agreement.
27.03 Part-time employees shall be paid at the straight-time rate of
pay for all work performed up to seven point five (7.5) hours in a day or
thirty-seven point five (37.5) hours in a week.
27.04 The days of rest provisions of this Agreement apply only in a
week when a part-time employee has worked five (5) days and thirty-seven
point five (37.5) hours in a week.
27.05 Leave will only be provided:
(a) during those periods in which employees are scheduled to perform their
duties;
or
(b) where it may displace other leave as prescribed by this Agreement.
Designated Holidays
27.06 A part-time employee shall not be paid for the designated
holidays but shall, instead be paid four point two five per cent (4.25%)
for all straight-time hours worked.
27.07 When a part-time employee is required to work on a day which is
prescribed as a designated paid holiday for a full-time employee in clause 22.01
of this Agreement, he/she shall be paid at the rate of one point five (1.5)
times his/her hourly rate of pay for all hours worked up to seven point five (7.5)
hours and at the rate of two (2) times his/her hourly rate of pay
thereafter.
27.08 A part-time employee who reports for work as directed on a day
which is prescribed as a designated paid holiday for a full-time employee in
clause 22.01 shall be paid for the time actually worked in accordance with
clause 27.07, or a minimum of four (4) hours pay at the straight-time
rate, whichever is greater.
Overtime
27.09
(a) Overtime means authorized work performed in excess of seven point five (7.5)
hours per day or thirty-seven point five (37.5) hours per week, but does
not include time worked on a holiday.
(b) Notwithstanding paragraph (a), for employees whose normal scheduled
hours of work are in excess of seven point five (7.5) hours per day,
overtime means authorized work performed in excess of:
(i) those normal scheduled daily hours
or
(ii) an average of thirty-seven point five (37.5) hours per week.
27.10 Subject to clause 27.09 a part-time employee who is
required to work overtime shall be paid overtime as specified in clause 19.03
and in paragraphs 19.04(a) and (b).
Call-Back
27.11 When a part-time employee meets the requirements to receive
call-back pay in accordance with clause 20.01 and is entitled to receive
the minimum payment rather than pay for actual time worked, the part-time
employee shall be paid a minimum payment of four (4) hours pay at the
straight-time rate.
Reporting Pay
27.12 Subject to clause 27.04, when a part-time employee meets
the requirements to receive reporting pay on a day of rest, in accordance with
paragraph 19.03(b) and is entitled to receive a minimum payment rather than
pay for actual time worked, he/she shall be paid a minimum payment of four (4)
hours pay at the straight-time rate of pay.
Bereavement Leave
27.13 Notwithstanding clause 27.02, there shall be no prorating
of a "day" in Article 41, Bereavement Leave With Pay.
Vacation Leave
27.14 A part-time employee shall earn vacation leave credits for each
month in which he/she receives pay for at least twice (2) the number of
hours in his/her normal workweek, at the rate for years of employment
established in clause 29.02, prorated and calculated as follows:
(a) when the entitlement is nine point three seven five (9.375) hours a
month, zero point two five (0.25) of the hours in his/her workweek per
month;
(b) when the entitlement is twelve point five (12.5) hours a month, zero
point three three three (0.333) of the hours in his/her workweek per month;
**
(c) when the entitlement is thirteen point seven five (13.75) hours
per month, zero point three six seven (0.367) of the hours in his/her
workweek per month;
(d) when the entitlement is fourteen point three seven five (14.375)
hours a month, zero point three eight three (0.383) of the hours in his/her
workweek per month;
(e) when the entitlement is fifteen point six two five (15.625) hours a
month, zero point four one seven (0.417) of the hours in his/her workweek
per month;
**
(f) when the entitlement is sixteen point eight seven five (16.875) hours
a month, zero point four five zero (0.450) of the hours in his/her workweek
per month;
(g) when the entitlement is eighteen point seven five (18.75) hours a
month, zero point five (0.5) of the hours in his/her workweek per month;
(h) however, a part-time employee who has received or is entitled to receive
furlough leave shall have his/her vacation leave credits earned reduced by zero
point zero eight three (0.083) of the hours in the part-time workweek,
beginning in the month in which his/her twentieth (20th)
anniversary of service occurs until the beginning of the month in which his/her
twenty-fifth (25th) anniversary of service occurs.
Sick Leave
27.15 A part-time employee shall earn sick leave credits at the rate
of zero point two five (0.25) of the number of hours in his/her normal
workweek for each calendar month in which he/she has received pay for at least
twice the number of hours in his/her normal workweek.
27.16 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 27.14 and 27.15, where
an employee does not work the same number of hours each week, the normal
workweek shall be the weekly average of the hours worked at the straight-time
rate calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both
full-time and part-time employment shall not earn vacation or sick leave credits
in excess of the entitlement of a full-time employee.
Severance Pay
27.17 Notwithstanding the provisions of Article 25, Severance
Pay, where the period of continuous employment in respect of which severance
benefit is to be paid consists of both full and part-time employment or varying
levels of part-time employment, the benefit shall be calculated as follows: the
period of continuous employment eligible for severance pay shall be established
and the part-time portions shall be consolidated to equivalent full-time. The
equivalent full-time period in years shall be multiplied by the full-time weekly
pay rate for the appropriate group and level to produce the severance pay
benefit.
28.01
(a) When an employee becomes subject to this Agreement, his/her earned daily
leave credits shall be converted into hours. When he/she ceases to be subject to
this Agreement, his/her earned hourly leave credits shall be reconverted into
days, with one day being equal to seven point five (7.5) hours.
(b) When leave is granted, it will be granted on an hourly basis and the
number of hours debited for each day of leave being equal to the number of hours
of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in Article 41, Bereavement Leave with
Pay, a "day" will mean a calendar day.
28.02 Except as otherwise specified in this Agreement, where leave
without pay for a period in excess of three (3) months is granted to an
employee for reasons other than illness, the total period of leave granted shall
be deducted from "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of calculating
vacation leave. Time spent on such leave shall not be counted for pay increment
purposes.
28.03 An employee is entitled, once in each fiscal year, to be
informed upon request, of the balance of his/her vacation and sick leave
credits.
28.04 The amount of leave with pay earned but unused credited to an
employee by the Employer at the time when this Agreement is signed, or at the
time when the employee becomes subject to this Agreement, shall be retained by
her.
28.05 An employee shall not be granted two (2) different types of
leave with pay or monetary remuneration in lieu of leave in respect of the same
period of time.
28.06 An employee who, on the day that this Agreement is signed, is
entitled to receive furlough leave, that is to say, one hundred and eighty-one
point two five (181.25) hours' leave with pay upon completing twenty (20)
years of continuous employment, retains his/her entitlement to furlough leave
subject to the conditions respecting the granting of such leave that are in
force on the day that this Agreement is signed.
28.07 An employee is not entitled to leave with pay during periods
he/she is on leave without pay or under suspension.
28.08 In the event of termination of employment for reasons other than
death or lay-off, the Employer shall recover from any monies owed the employee
an amount equivalent to unearned vacation and sick leave taken by her, as
calculated from the classification prescribed in his/her certificate of
appointment on the date of the termination of his/her employment.
28.09 An employee shall not earn leave credits under this Agreement in
any month for which leave has already been credited to his/her under the terms
of any other collective agreement to which the Employer is a party or under
other rules or regulations of the Employer.
28.10 When an employee who is in receipt of a special duty allowance
or an extra duty allowance is granted leave with pay, he/she is entitled during
his/her period of leave to receive the allowance if the special or extra duties
in respect of which he/she is paid the allowance were assigned to his/her on a
continuing basis, or for a period of two (2) or more months prior to the
period of leave.
29.01 The vacation year shall be from April 1st to
March 31st of the following calendar year, inclusive.
29.02 Accumulation of Vacation Leave Credits
An employee shall earn vacation leave credits at the following rate for each
calendar month during which he/she receives pay for at least seventy-five (75) hours:
(a) nine point three seven five (9.375) hours, until the month in which
the anniversary of the employee's eighth (8th) year of service
occurs;
(b) twelve point five (12.5) hours, commencing with the month in which
the employee's eighth (8th) anniversary of service occurs;
**
(c) effective November 1, 2002, thirteen point seven five (13.75) hours,
commencing with the month in which the employee's sixteenth (16th)
anniversary of service occurs; (Arbitral Award, October 8, 2002)
(d) fourteen point three seven five (14.375) hours, commencing with the
month in which the employee's seventeenth (17th) anniversary of
service occurs;
(e) fifteen point six two five (15.625) hours, commencing with the month
in which the employee's eighteenth (18th) anniversary of service
occurs;
**
(f) effective November 1, 2002, sixteen point eight seven five (16.875)
hours, commencing with the month in which the employee's twenty-seventh (27th)
anniversary of service occurs; (Arbitral Award, October 8, 2002)
**
(g) effective November 1, 2002, eighteen point seven five (18.75) hours,
commencing with the month in which the employee's twenty-eighth (28th)
anniversary of service occurs; (Arbitral Award, October 8, 2002)
(h) however, an employee who is entitled to or who has received furlough
leave, shall have the vacation leave credits earned under this Article, reduced
by three point one two five (3.125) hours per month from the beginning of
the month in which the employee completes his/her twentieth (20th)
year of service until the beginning of the month in which the employee completes
his/her twenty-fifth (25th) year of service;
(i) for the purpose of clause 29.02 only, all service within the Public
Service, whether continuous or discontinuous, shall count toward vacation leave
except where a person who, on leaving the Public Service, takes or has taken
severance pay. However, the above exception shall not apply to an employee who
receives severance pay on lay-off and is reappointed to the Public Service
within one (1) year following the date of lay-off.
29.03 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent of the
employee's earned credits but an employee who has completed six (6) months
of continuous employment may receive an advance of credits equivalent to the
anticipated credits for the vacation year.
Scheduling of Vacation Leave With Pay
29.04
(a) Employees are expected to take all their vacation leave during the
vacation year in which it is earned.
(b) In order to maintain operational requirements, the Employer reserves the
right to schedule an employee's vacation leave but shall make every reasonable
effort:
(i) to provide an employee's vacation leave in an amount and at such time
as he/she may request;
(ii) not to recall an employee to duty after he/she has proceeded on
vacation leave.
29.05 The Employer shall give an employee as much notice as is
practicable and reasonable of approval, rejection or cancellation of a request
for vacation or furlough leave with pay. In the case of rejection or
cancellation of such leave, the Employer shall give the written reason
therefore, upon written request from the employee.
29.06 Where, in respect of any period of vacation leave with pay, an
employee:
(a) is granted bereavement leave,
or
(b) is granted leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
the period of vacation leave with pay so displaced shall either be added to
the vacation period, if requested by him/her and approved by the Employer, or
reinstated for use at a later date.
**
29.07
(a) Where in any vacation year all of the vacation leave credited to an
employee has not been scheduled, the unused portion of the vacation leave up to
a maximum of two hundred and sixty-two point five (262.5) hours credit
shall be carried over into the following vacation year. All vacation leave
credits in excess of two hundred and sixty-two point five (262.5) hours
will be paid in cash at the employee's daily rate of pay as calculated from the
classification prescribed in the employee's certificate of appointment of
his/her substantive position on the last day of the vacation year.
(b) Notwithstanding the maximum allowable carryover specified under 29.07(a),
where the Employer cancels a period of vacation leave which has been previously
approved in writing, and which cannot be rescheduled before the end of the
vacation year, the cancelled leave may, at the request of the employee, be
carried over and used in the next vacation year.
(c) During the last month of the vacation year, upon application by the
employee and at the discretion of the Employer, earned but unused vacation leave
credits may be paid in cash at the employee's daily rate of pay as calculated
from the classification prescribed in the employee's certificate of appointment
of his/her substantive position on March 31st of the previous
vacation year.
29.08 Recall from Vacation Leave With Pay
(a) The Employer will make every reasonable effort not to recall an employee
to duty after the employee has proceeded on vacation leave with pay.
(b) Where, during any period of vacation leave with pay, an employee is
recalled to duty, the employee shall be reimbursed for reasonable expenses, as
normally defined by the Employer, that the employee incurs:
(i) in proceeding to his/her place of duty,
and
(ii) in returning to the place from which the employee was recalled if the
employee immediately resumes vacation upon completing the assignment for which
he/she was recalled,
after submitting such accounts as are normally required by the Employer.
(c) The employee shall not be considered as being on vacation leave during
any period in respect of which the employee is entitled under paragraph (b)
to be reimbursed for reasonable expenses incurred by him/her.
Leave When Employment Terminates
29.09 When an employee dies or otherwise ceases to be employed, the
employee or his/her estate shall be paid an amount equal to the product obtained
by multiplying the number of hours of earned but unused vacation and furlough
leave with pay to his/her credit by the hourly rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment on
the date of the termination of his/her employment, except that the Employer
shall grant the employee any vacation and furlough leave earned but not used by
him/her before the employment is terminated by lay-off if the employee so
requests because of a requirement to meet minimum continuous employment
requirements for severance pay.
29.10 Appointment to a Separate Employer
Notwithstanding clause 29.09, an employee who resigns to accept an
appointment with an organization listed in Part II of Schedule I of
the Public Service Staff Relations Act may choose not to be paid for
unused vacation and furlough leave credits, provided that the appointing
organization will accept such credits.
**
29.11 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation and furlough leave credits
up to a maximum of thirty-five (35) days of an employee who resigns
from an organization listed in Part II of Schedule I of the Public
Service Staff Relations Act in order to take a position with the Employer if
the transferring employee is eligible and has chosen to have these credits
transferred.
29.12 Notwithstanding clause 29.09, an employee whose employment
is terminated for cause pursuant to Section 11(2)(g) of the Financial
Administration Act by reason of abandonment of his/her position is entitled
to receive the payment referred to in clause 29.09, if the employee
requests it within six (6) months following the date upon which
his/her employment is terminated.
29.13 Advance Payments
(a) The Employer agrees to issue advance payments of estimated net salary for
vacation periods of two (2) or more complete weeks, provided a written
request for such advance payment is received from the employee at least six (6)
weeks prior to the last pay day before his/her vacation period commences.
(b) Providing the employee has been authorized to proceed on vacation leave
for the period concerned, pay in advance of going on vacation shall be made
prior to departure. Any overpayment in respect of such pay advances shall be an
immediate first charge against any subsequent pay entitlements and shall be
recovered in full prior to any further payment of salary.
29.14 Cancellation of Vacation Leave
(a) The Employer will make every reasonable effort not to cancel a period of
vacation or furlough leave which it has previously approved in writing.
(b) When the Employer cancels or alters a period of vacation or furlough
leave which it has previously approved in writing, the Employer shall reimburse
the employee for the non-returnable portion of vacation contracts and
reservations made by him/her in respect of that period, subject to the
presentation of such documentation as the Employer may require. The employee
must make every reasonable attempt to mitigate any losses incurred and will
provide proof of such action, when available, to the Employer.
30.01 Credits
An employee shall earn sick leave credits at the rate of nine point three
seven five (9.375) hours for each calendar month for which he/she receives
pay for at least seventy-five (75) hours.
Granting of Sick Leave
30.02 An employee shall be granted sick leave with pay when he/she is
unable to perform his/her duties because of illness or injury provided that:
(a) he/she satisfies the Employer of this condition in such manner and at
such time as may be determined by the Employer,
and
(b) he/she has the necessary sick leave credits.
**
30.03 Unless otherwise informed by the Employer, a statement signed by
the employee stating that because of illness or injury he/she was unable to
perform his/her duties, shall, when delivered to the Employer, be considered as
meeting the requirements of paragraph 30.02(a).
30.04 Where an employee has insufficient or no credits to cover the
granting of sick leave with pay under the provision of clause 30.02 above,
sick leave with pay may, at the discretion of the Employer, be granted to an
employee for a period of up to one hundred and eighty-seven point five (187.5)
hours, subject to the deduction of such advanced leave from any sick leave
credits subsequently earned and, in the event of termination of employment for
other than death or lay-off, the recovery of the advance from any monies owed
the employee.
30.05 When an employee is granted sick leave with pay and
injury-on-duty leave is subsequently approved for the same period, it shall be
considered, for the purpose of the record of sick leave credits, that he/she was
not granted sick leave with pay.
30.06 Where, in respect of any period of compensatory leave, an
employee is granted sick leave with pay on production of a medical certificate,
the period of compensatory leave so displaced shall either be added to the
compensatory leave period if requested by his/her and approved by the Employer
or reinstated for use at a later date.
30.07 Sick leave credits earned but unused by an employee during a
previous period of employment in the Public Service shall be restored to an
employee whose employment was terminated by reason of lay off and who is
reappointed in the Public Service within two (2) years from the date of lay
off.
30.08 The Employer agrees that an employee shall not be terminated for
cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act at a date earlier than the date at which he/she will have
utilized his/her accumulated sick leave credits, except where the incapacity is
the result of an injury or illness for which Injury on Duty Leave has been
granted pursuant to clause 32.01.
31.01 Up to half (1/2) a day of time off with pay will be granted
to pregnant employees for the purpose of attending routine medical appointments.
31.02 Where a series of continuing appointments are necessary for the
treatment of a particular condition relating to the pregnancy, absences shall be
charged to sick leave.
32.01 An employee shall be granted injury-on-duty leave with pay for
such reasonable period as may be determined by the Employer when a claim has
been made pursuant to the Government Employees' Compensation Act, and a
Workers' Compensation authority has notified the Employer that it has certified
that he/she is unable to work because of:
(a) personal injury accidentally received in the performance of his/her
duties and not caused by his/her willful misconduct,
or
(b) an industrial illness or a disease arising out of and in the course of
his/her employment,
if he/she agrees to remit to the Receiver General of Canada any amount
received by the employee in compensation for loss of pay resulting from or in
respect of such injury, illness or disease providing, however, that such amount
does not stem from a personal disability policy for which he/she or his/her
agent has paid the premium.
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