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Non-Supervisory Printing Services

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ARTICLE 1
PURPOSE OF AGREEMENT

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1.01 The purpose of this Agreement is to maintain a harmonious and mutually beneficial relationship between the Employer, the employees and the Communications, Energy and Paperworkers Union of Canada - Local 588G, hereinafter called the Union, and to set forth herein certain provisions relating to remuneration, hours of work, and working conditions.

1.02 The parties of this Agreement share a desire to improve the quality of the Public Service of Canada and to promote the well-being and increased productivity of its employees to the end that the people of Canada will be well and efficiently served. With this in mind, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the Public Service in which members of the bargaining unit are employed.

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01 For the purpose of this Agreement:

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(a) "Union" means the Communications, Energy and Paperworkers Union of Canada - Local 588G;

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(b) "bargaining unit" means the employees of the Employer in the Non-Supervisory Printing Services Group, other than employees whose duties include the supervision of other employees in that occupational group, as described in the certificate issued by the Public Service Labour Relations Board on October 14, 2005;

(c) "continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations;

(d) "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;

(e) "day" means the twenty-four (24) hour period commencing eight (8) hours before the time at which a shift is scheduled to commence;

(f) "holiday" means the twenty-four (24) hour period commencing eight (8) hours before the regular starting time of a shift which is not scheduled to be worked due to the observance of a day designated as a holiday;

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(g) "employee" means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit;

(h) "Shop Delegate" also means Shop Steward or Chapel Chairman, according to the custom of the respective union;

(i) a "common-law partner" in relation to an individual, a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

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2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:

(a) if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,

and

(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

2.03 In this Agreement, words importing the masculine gender include the feminine gender.

ARTICLE 3
OFFICIAL TEXTS

3.01 Both the English and French texts of this Agreement shall be official.

ARTICLE 4
CONFLICT BETWEEN LEGISLATION
AND THE COLLECTIVE AGREEMENT

4.01 In the event that any law passed by Parliament, applying to public servants covered by this Agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of Agreement.

ARTICLE 5
MANAGERIAL RESPONSIBILITIES

5.01 The Employer and the Union agree that all the functions of Management are retained by the Employer. Without limiting the generality of the foregoing, except to the extent provided herein and except as provided by law, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the Public Service.

ARTICLE 6
SCOPE OF AGREEMENT

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6.01 The Employer recognizes the Communications, Energy and Paperworkers Union of Canada – Local 588G as the exclusive bargaining agent for all employees described in the certificate issued to the Union by the Public Service Labour Relations Board on October 14, 2005.

ARTICLE 7
UNION REPRESENTATION

7.01 Accredited Union representatives shall have access to the plant provided the permission of the Employer or of a person designated by him has been obtained.

7.02 The Union shall notify the Employer promptly and in writing of the name of its Shop Delegates and their area of jurisdiction. The Employer shall be notified promptly by the Union if any changes occur thereafter.

7.03 The Employer recognizes the Shop Delegate as the Union's representative in his designated area and will not discriminate against him for performing any of the functions of a Shop Delegate, as set forth in this Article.

7.04 A Shop Delegate must obtain the permission of his immediate supervisor before leaving his work, and such permission may be granted without loss of pay for a reasonable period of time to investigate complaints of an urgent nature or to meet with local management for the purpose of dealing with grievances, and it is understood that such permission may be granted only with reference to grievances which may arise in the plant where the Shop Delegate is normally employed. The Shop Delegate shall report back to his supervisor before resuming his normal duties.

7.05 The Employer will continue its present practice of providing space on bulletin boards for the posting of notices. These notices will be subject to the approval of the Employer except notices of meetings, elections, names of Union representatives and social and recreational events.

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7.06 The Employer agrees to supply Local 588G on a quarterly basis with the name, employing department, geographic location and classification of each employee in the bargaining unit.

ARTICLE 8
UNION SECURITY

8.01 The Employer will, as a condition of employment, deduct an amount equivalent to regular membership dues, in a fixed amount exclusive of any initiation fees, pension deductions, special assessments or arrears which may exist at the signing of this Agreement, from the monthly pay of all employees in the bargaining unit.

8.02 The Union shall inform the Employer, in writing, of the authorized monthly deduction to be checked off for employees defined in clause 8.01.

8.03 The Employer agrees to make deductions for the Union's group life insurance premiums upon production of properly authorized documentation, and such other deductions as may be agreed to between the parties from time to time.

8.04 For the purpose of applying clause 8.01, deductions from pay for each employee in respect of each month will start with the first (1st) full month of employment to the extent that earnings are available.

8.05 An employee who satisfies the Employer to the extent that he declares in an affidavit that he is a member of a religious organization, whose doctrine prevents him as a matter of conscience from making financial contributions to an employee organization and that he 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 the employee shows the registered number of the religious organization and is countersigned by an official representative of the religious organization involved.

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8.06 For the duration of this Agreement, no employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Union, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

8.07 The amounts deducted in accordance with clause 8.01 shall be remitted by cheque to the person designated by the Union, within a reasonable period of time after deductions are made. The cheque shall be accompanied by particulars identifying each employee, the appropriate Union, and the deductions made on the employee's behalf.

8.08 The Union agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article except for any claim or liability arising out of an error committed by the Employer.

ARTICLE 9
VACATION LEAVE

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9.01 Accumulation of Vacation Leave

For each calendar month in which he has earned at least ten (10) days' pay, an employee shall earn vacation leave at the following rate:

(a) nine decimal three seven five (9.375) hours, if he has completed less than eight (8) years of continuous employment;

(b) twelve decimal five (12.5) hours, if he has completed eight (8) years of continuous employment;

(c) thirteen decimal seven five (13.75) hours, if he has completed sixteen (16) years of continuous employment;

(d) fourteen decimal four (14.4) hours, if he has completed seventeen (17) years of continuous employment;

(e) fifteen decimal six two five (15.625) hours, if he has completed eighteen (18) years of continuous employment;

(f) sixteen decimal eight seven five (16.875) hours, if he has completed twenty-seven (27) years of continuous employment;

(g) eighteen decimal seven five (18.75) hours, if he has completed twenty-eight (28) years of continuous employment;

(h) Leave will be scheduled on an hourly basis with the hours debited for each day of vacation leave being the same as the hours the employee would have been scheduled to work on that day or portion thereof subject to operational requirements as determined by the Employer.

9.02 When an employee completes the years of continuous employment set forth above, he shall earn vacation leave at the applicable rate from the first (1st) day of the month in which he completes such years of continuous employment. However, an employee who has completed the continuous employment requirements on or before November 1, 1984, shall earn vacation leave at the appropriate rate as provided in 9.01 effective on the date of signing of this collective agreement.

9.03 Scheduling of Vacation Leave

An employee earns but is not entitled to receive vacation leave with pay during his first six (6) months of continuous employment.

9.04 Vacations, as far as possible, will be scheduled at times most desirable to the employee. However, vacation periods shall be designated by the Employer in accordance with work requirements as determined by the Employer.

9.05 The Employer shall make every effort not to have to recall an employee to duty after he has proceeded on vacation leave.

9.06 At least two (2) weeks' vacation shall be taken in consecutive weeks unless otherwise mutually agreed.

Permission may be granted to an employee to take the remainder of his vacation leave in periods of less than one (1) week, subject to the operational requirements of the service as determined by the Employer.

9.07 A vacation due to an employee in any year may be carried over to the next year by mutual agreement.

9.08 An employee shall be entitled to vacation leave with pay at the rate of pay established for the classification level of his substantive position.

9.09 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 the employee's vacation period commences.

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 overpayments 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.

9.10 Where an employee dies or otherwise terminates his employment after a period of continuous employment of not less than thirty (30) days but not more than six (6) months, he or his estate shall, in lieu of earned vacation leave, be paid an amount equal to four per cent (4%) of the total of the pay and compensation for overtime received by him during his period of employment.

9.11 When the employment of an employee who has completed more than six (6) months of continuous employment is terminated for any reason, the employee or his estate shall, in lieu of earned but unused vacation leave and/or furlough leave, be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave and/or furlough leave, by the daily rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his employment.

9.12 Notwithstanding clause 9.11, an employee whose employment is terminated by reason of a declaration that he abandoned his position is entitled to receive the payment referred to in clause 9.11 if he requests it within six (6) months following the date upon which his employment is terminated.

9.13 When the employment of an employee who has been granted more vacation leave with pay than he has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him.

9.14 If a Holiday as specified in clause 10.01 falls within an employee's vacation period, that day shall not be charged against his earned vacation leave.

9.15 For the purpose of this Article the fiscal year begins on April 1 and ends on March 31 of the following year.

9.16 Cancellation of Vacation Leave with Pay

When the Employer cancels or alters a period of vacation leave with pay 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 the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee will make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

9.17 Where in respect of any period of vacation leave with pay, an employee is granted:

(a) bereavement leave,

or

(b) leave with pay because of illness in the immediate family on production of a medical certificate,

or

(c) 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 the employee and approved by the Employer or reinstated for use at a later date.

9.18 During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred twelve point five (112.5) hours 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 the employee's substantive position on March 31st of the previous vacation year.

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9.19

(a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in clause 9.02.

(b) The vacation leave credits provided in clause 9.19(a) above shall be excluded from the application of paragraph 9.18 dealing with the carry-over and/or liquidation of vacation leave.

ARTICLE 10
DESIGNATED HOLIDAYS

10.01 Subject to this Article, the following days are Designated Holidays with pay 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) 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 day is recognized as a Provincial or Civic Holiday, the first (1st) Monday in August,

(g) Labour Day,

(h) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

(i) Remembrance Day,

(j) Christmas Day,

(k) Boxing Day,

(l) one additional day when proclaimed by an Act of Parliament as a National Holiday.

10.02 The Employer may substitute for the Designated Holiday specified in clause 10.01(f), or for Easter Monday, any other Holiday generally observed in any area of employment, except in the Ottawa-Hull area.

10.03 Subject to clause 10.04, when a Designated Holiday falls on a weekend recess, it shall be moved to the regular working day next following the Designated Holiday.

10.04

(a) Subject to paragraph (b), an employee who does not work on a Designated Holiday shall be paid for that day the amount he would have been paid for a regular working day.

(b) An employee shall not be paid for a Designated Holiday as provided in paragraph (a) if:

(i) he is not entitled to pay for at least ten (10) of the thirty (30) calendar days immediately preceding the Designated Holiday;

or

(ii) he is absent without permission on the day before and the day after the Designated Holiday.

ARTICLE 11
EDUCATION LEAVE WITHOUT PAY,
CAREER DEVELOPMENT LEAVE WITH PAY AND
EXAMINATION LEAVE WITH PAY

Education Leave Without Pay

11.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee's present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

11.02 At the Employer's discretion, an employee on education leave without pay under this article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

11.03 Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

11.04 As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted.

If the employee:

(a) fails to complete the course;

(b) does not resume employment with the Employer on completion of the course;

or

(c) ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has undertaken to serve after completion of the course;

the employee shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.

Career Development Leave With Pay

11.05

(a) Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:

(i) a course given by the Employer;

(ii) a course offered by a recognized academic institution;

(iii) a seminar, convention or study session in a specialized field directly related to the employee's work.

(b) Upon written application by the employee, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in sub-clause 11.05(a) above. The employee shall receive no compensation under Article 16, Overtime, and Article 17, Travelling, of this collective agreement during time spent on career development leave provided for in this clause.

(c) Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

Examination Leave With Pay

11.06 At the Employer's discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee's scheduled hours of work.

ARTICLE 12
SICK LEAVE WITH PAY

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12.01 Credits

(a) An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which he receives pay for ten (10) days or more.

(b) A shift worker shall earn additional sick leave credits at the rate of one decimal two five (1.25) hours for each calendar month during which he or she works shifts and he or she receives pay for at least seventy-five (75) hours. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred and twelve decimal five (112.5) hours sick leave credits during the current fiscal year.

12.02 Granting of Sick Leave

An employee shall be eligible for sick leave with pay when he is unable to perform his duties because of illness or injury under the following conditions:

(a) that he satisfies the Employer of his condition in such manner and at such time as may be determined by the Employer;

and

(b) that he has the necessary sick leave credits.

12.03 Unless otherwise indicated by the Employer, a statement signed by the employee describing the nature of his illness or injury and stating that because of this illness or injury he was unable to perform his duties shall, when delivered to the Employer, be considered as meeting the requirements of clause 12.02(a).

12.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 12.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to twenty-five (25) days, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

12.05 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 was not granted sick leave with pay.

 
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