41.01 The coming in force of this Agreement will not serve
to deny an employee any right previously enjoyed which flows from Acts,
Regulations or Treasury Board Minutes then in force except to the extent that
such rights are modified by the express provisions of this Agreement.
41.02 The Employer agrees to consult the Union before
implementing any changes in terms and conditions of employment not covered by
this Agreement.
41.03 The terms and conditions of employment about which the
Employer agrees to consult in accordance with clause 41.02 shall extend to and
include those terms and conditions of employment established by the following
Regulations or Directives:
(a) Travel Policy;
(b) Foreign Service Directives;
(c) Isolated Posts Directive;
(d) Employer's share of premium payments for PSHCPM, Provincial and
Supplementary Hospital Insurance.
42.01 Unless by prior agreement in writing between the
employee and the Employer, no employee shall be required by the Employer to use
his/her privately-owned motor vehicle on Employer business.
On-Location Training
43.01 In recognition of changes taking place in the
"state of the art" in the Electronics field, the Employer will
continue to provide appropriate training manuals and, when operational
requirements permit, to initiate and to facilitate relevant training and study
sessions designed to improve the qualifications of an employee.
43.02 The parties agree to continue a joint committee
established to enquire into the feasibility and ways and means of implementing
an educational programme which will provide employees with the opportunity to
improve their "state of the art" knowledge in the Electronics field
and to make formal recommendations based on this study.
While the above programme shall be the Committee's first priority objective,
there shall be no barrier to their discussing, exchanging information and making
recommendations on subjects relating to the continuing technical development and
training of employees in the Electronics Group.
The formal recommendations of the Committee will be submitted to the Employer
for consideration and where found practicable will be initiated.
Such meetings shall normally occur at least four (4) times per year or more
frequently if desired by the parties. There is no requirement for equal
representation as the function of this Committee is such that the number of
persons involved from either party may vary depending on the subject matter.
It is expressly understood that no commitment may be made by any member of
the Committee on a subject that is not within his/her authority or jurisdiction
nor shall any commitment made be construed as to alter, amend, add to or modify
the terms of this Agreement.
Off-Location Training
43.03 Days Off
The Employer shall, where practicable, schedule at least two (2) days off to
which the employee would normally be entitled immediately preceding and
immediately following training courses and in no case will an employee lose
credit because of such training for days off to which he/she would normally be
entitled.
43.04 Expenses
(a) Employees attending training courses will be reimbursed for expenses
incurred for accommodation, meals and incidentals in accordance with the
Treasury Board Travel Policy.
(b) An employee shall advise his/her supervisor, within one (1) week of being
informed that he/she is to be assigned to an off-location training session, of
any unusual related personal expenses he/she anticipates incurring as a result
of attendance at such course. The supervisor shall thereupon decide whether or
not to proceed with the assignment. If the decision is to proceed, and
subsequently the employee's attendance at the course is cancelled or
re-scheduled, any such expenses incurred by the employee will be reimbursed by
the Employer. The employee will make every reasonable effort to mitigate any
losses incurred and will provide proof of such action to the Employer.
43.05 Advance Notice
An employee required to attend a training course will, where practicable, be
given two (2) months' advance notice of the nature and location of the course.
However, an employee assigned to a training course outside of his/her
headquarters area, which will necessitate his/her absence from his/her home for
a period of more than ten (10) consecutive calendar days will be given a minimum
of three (3) weeks' notice.
43.06
(a) An employee will not be required to attend a course or series of courses
in excess of twelve (12) continuous weeks' duration.
(b)
(i) Courses which are primarily for employees and conducted by members of
the Electronics Group shall operate on days otherwise recognized as designated
holidays when such days occur within the course schedule.
(ii) Whenever the Employer can arrange courses, not conducted by members of
the Electronics Group, to operate on days otherwise recognized as designated
paid holidays they will do so and will advise the attendees of this
requirement in advance.
(iii) All employees attending such courses on a designated paid holiday
shall receive the equivalent of a day's straight-time pay and shall be
credited with a lieu day as is appropriate under clause 26.05 or 26.09(a) and
(b).
(iv) Where the Employer is unable to arrange for a course, attended by
employees outside their assigned headquarters' area, to be conducted on what
are otherwise considered to be designated paid holidays, the employees shall
be notified of such in advance and the day in question shall be recognized as
a holiday in accordance with clause 26.03 and shall constitute a deduction
from lieu day credits as provided in 26.05, 26.07, 26.08, 26.09 or 26.11(b).
(c) Clause (b) above shall apply to employees in Foreign Affairs and
International Trade (DFAIT) only when they are required to attend courses
outside their headquarters' area.
(d) The Employer will make every reasonable effort to ensure that training
courses do not require employees to be away from their headquarters area between
December 15th and January 5th.
43.07 If the Employer requires an employee to become
proficient in the use of a second language, language training will be paid for
by the Employer.
43.08 When training courses are given in locations where
French is the employees' working language, such courses shall be conducted in
the French language except where, because of the nature of the course content,
the employees attending the course request that the instruction be given in the
English language.
43.09 When, in connection with training courses given under
the terms of this Article, the courses entail classroom or associated
instruction of seven (7) or less hours per day, exclusive of a meal period, no
overtime claim from participants will be recognized or paid, except as may be
involved in travel immediately prior to or following the course from his/her
residence to his/her place of lodging during the course and vice versa.
43.10 An employee assigned to a training course outside of
his/her headquarters' area, which will necessitate his/her absence from his/her
assigned work place for a period of more than fourteen (14) consecutive calendar
days, will not be required to report for work on the day(s) he/she is assigned
to travel to such training course. Except in respect of travel on a day of rest
or a designated paid holiday, an employee will receive his/her normal salary for
the day(s) but no additional payment will be made for time spent travelling
unless such time exceeds eight (8) hours per day. Such excess hours will be paid
at the rate of time and one-half (1 1/2).
43.11 On return from a training course outside of his/her
headquarters area, which necessitated his/her absence from his/her assigned work
place for a period of more than fourteen (14) consecutive calendar days, an
employee may travel on the day his/her course terminates; but when the employee
is given a following day or days off with pay for the purpose of travel, he/she
shall receive no additional payment for time spent travelling unless such time
exceeds eight (8) hours per day. Such excess hours will be paid at the rate of
time and one-half (1 1/2).
43.12 Clause 43.10 and 43.11 shall not apply to an employee
who lives at home while on an assigned training course.
43.13 Instructors will not be required to provide formal
instruction (be formally in contact with the students in a classroom or
laboratory environment) to students in excess of an average of twenty (20) hours
per week over a fiscal year. Such hours are part of the hours of work set out in
clause 23.04.
44.01 Both parties recognize the overall advantages of
technological change. Both parties will, therefore, encourage and promote
technological change and improvements in the Electronics field.
44.02 With this in view, and recognizing the extensive lead
time required for the selection, installation and proving of sophisticated
electronic equipment, the Employer agrees to provide as much advance notice as
is practicable but not less than six (6) months' notice to the Union of any
major technological change in electronic equipment which would result in changes
in the employment status or working conditions of employees as provided for in
this Agreement. In addition, the Employer agrees to consult with the Union with
a view to resolving problems which may arise as a result of the introduction of
such technological change.
44.03 If, during the life of this Agreement, it becomes
likely that an employee will become redundant, the Employer will notify the
Union forthwith and agrees to meet with the Union within thirty (30) days of a
written request by the Union to do so, to discuss the matter fully and, if
necessary to ensure that all steps including those provided by the Employer's
manpower adjustment procedures have been fully utilized.
45.01 The Employer shall make all reasonable provisions for
the occupational safety and health of employees. The Employer will welcome
suggestions on this subject and, to this end, local committees will continue to
be utilized. These will be composed of Union and Employer representatives, will
meet periodically for the correction of unsafe or potentially harmful work
practices, will review and examine reports of serious accidents, and will carry
out inspections of work sites when this is warranted by circumstances, and make
recommendations.
45.02 In addition, a national committee composed of not less
than three (3) Employer representatives and not less than three (3) Union
representatives will be established to review the activities and reports of the
various local committees, to review accident frequency and accident severity
records, to promote health and safety education on a national basis, and to
recommend procedures and techniques designed or intended to prevent or reduce
the risk of employee injury.
45.03 The Union agrees to participate on the above-mentioned
safety committees and to make every effort to encourage its members to observe
all safety rules and to use all the appropriate protective equipment and
safeguards.
45.04 In the interests of safety the Employer will continue
to provide all training it considers necessary to employees required to work on
new equipment and facilities either by on-the-job training or by formal or
informal training at factories or at Employer training schools. The Employer
will also continue to provide training in safety practices to employees while
attending technical courses at the Employer's schools.
45.05 The Employer shall provide medical services and
facilities necessary for the treatment of occupational illness or injuries.
45.06 In the event of a fatal accident a representative of
the Local will be invited to be present, where possible, in the Employer's
investigation of the accident.
46.01 Foreign Technicians
Foreign Technicians and Engineers shall not be permitted to work on
Canadian-owned electronics equipment installed or maintained by the
Infrastructure Technology Division without the approval of the Regional
Technical Manager (RTM) or if he/she is not available, the Head of Mission (HOM)
or delegate after consultation with the Infrastructure Technology Division (SXT)
Ottawa. The RTM or HOM shall only give permission in emergency situations and
the work performed shall be inspected by a DFAIT employee in the Electronics
group at the next possible opportunity.
46.02 Facilities
Where building and space limitations permit, the Employer shall provide
adequate and where possible separate workshop facilities at posts abroad.
46.03 Home Leave
Home leave will normally be taken immediately upon return to Canada for duty
in Canada. At the request of an employee and where operational requirements
permit, home leave may be deferred to a time mutually agreed upon by the
employee and the Employer.
46.04 Posting
Upon request, the Employer shall advise an employee of his/her status for
posting purposes.
The Employer shall advise an employee of any change in his/her status for
posting purposes and, where possible, will provide reasons for the change.
An employee shall have the right to discuss his/her status for posting
purposes with his/her assignment officer.
46.05 Diplomatic Mail
The Employer agrees to continue to provide employees with the use of the
diplomatic mail service in conformity with the practice generally applicable
throughout the Foreign Service.
46.06 Air Shipments
Where on removal to a post or return to Ottawa an employee, with the approval
of the Employer engages in travel by land or sea, preceded or followed by travel
by air, the Employer will bear the cost of forwarding by air for the latter
portion of the journey the employee's accompanying baggage other than personal
hand luggage. This cost will be borne provided a separate air shipment from the
point of departure to the employee's destination has not been authorized. The
weight limitation on air shipments shall be in accordance with current practice
and subject to the approval of the Employer.
46.07 Passports
Diplomatic passports will be issued to employees in the Department of Foreign
Affairs and International Trade posted or travelling abroad when the Employer
considers necessary the protection provided by such passports.
46.08 Electronic Technologists or Technicians at posts
abroad will be responsible to the Deputy Head of Post or Officer Delegate.
47.01 Whenever practicable, advance notice of a change in
posting or a transfer shall be given to an employee. Such notice shall not
normally be less than three (3) months. Every reasonable effort will be made to
effect such posting or transfer of an employee during his/her children's
vacations from school.
48.01 When a formal assessment of an employee's performance
is made, the employee concerned must be given an opportunity to sign the
assessment form in question upon its completion to indicate that its contents
have been read and understood. A copy of an employee's completed assessment form
will be provided to the employee.
48.02 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 the employee was not aware at the time of filing
or within a reasonable period thereafter. In the case of discharge such evidence
will be limited to the grounds stated in the notice of discharge given to the
employee.
48.03 When an unsatisfactory report is placed on an
employee's file, the employee concerned must be given an opportunity to sign the
report in question to indicate that its contents have been read and understood.
48.04 Any document relating 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 infraction took place provided that
no further occurrence of disciplinary action has been recorded during this
subsequent period.
48.05 Upon written request of an employee, the personnel
file of that employee may be made available once per year for his/her
examination in the presence of an authorized representative of the Employer.
49.01 An employee who suffers loss of clothing or personal
effects will be compensated in accordance with Order-in-Council, PC-1974-4/1946.
49.02 Where an employee is assigned to duty aboard a ship
and suffers loss of clothing or personal effects (those which can reasonably be
expected to accompany the employee aboard the ship) because of a marine accident
or disaster, the employee shall be reimbursed the value of those articles up to
a maximum of one thousand dollars ($1,000) based on replacement cost less the
usual rate of depreciation.
50.01 The Employer agrees to continue its present practice
of supplying tools where it considers them necessary.
50.02 Such tools remain the property of the Employer.
50.03 An employee who through neglect or negligence destroys
or loses any of the tools issued to him/her by the Employer shall be held
responsible for such damage or loss.
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