Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
20.01 Subject to clause 20.02, 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 Monday in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a National Holiday.
20.02
(a) Clause 20.01 does not apply to an employee who is absent without pay on both the working day immediately
preceding and the working day following the designated paid holiday, except in the case of an employee who is granted
leave without pay under the provisions of article 18, Leave with or without pay for CAPRO business or for other
activities under the Public Service Staff Relations Act, and in respect of whom CAPRO has certified that the
employee was paid by CAPRO for CAPRO business conducted on the working day immediately preceding and the working day
immediately following the designated paid holiday.
and
(b) An employee who is absent without leave on a designated paid holiday, or the day to which a designated paid
holiday is moved by reason of clause 20.03, on which he is scheduled to work shall not be entitled to be paid for the
holiday.
Holiday Falling on a Day of Rest
20.03 When a day designated as a holiday under clause 20.01 coincides with an employee's day of
rest, the holiday shall be moved to the employee's first scheduled working day following his day of rest.
20.04 When a day designated as a holiday for an employee is moved to another day under the
provisions of clause 20.03:
(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.
Compensation for Work on a Holiday
20.05 The following shall apply to all Non-Operating employees. Where an employee works on a
holiday, he shall be paid in addition to the pay that he would have been granted had he not worked on the holiday:
(a) one and one-half (1 1/2) times his hourly rate of pay for the first eight (8) hours worked,
and
(b) two (2) times his hourly rate of pay for hours worked in excess of eight (8) hours.
20.06 Effective March 30, 1999 the following shall cease to apply to all Operating employees. Where
an employee who is employed in a continuous operation which does not shut down on a designated paid holiday works on
that holiday:
(a) He shall be paid compensation in accordance with the provisions of clause 20.05,
or
(b) upon request, and with the approval of the Employer he shall be granted:
(i) seven decimal five (7.5) hours of leave with pay at a later date in lieu of the holiday,
and
(ii) pay at one and one-half (1 1/2) times his hourly rate of pay for the first eight (8) hours worked,
(iii) twice (2) his hourly rate of pay for hours worked in excess of eight (8) hours.
(c) Consistent with operational requirements of the service and subject to adequate notice, the Employer shall make
every reasonable effort to grant lieu days at times desired by the employee.
(d) If any lieu days cannot be liquidated by the end of the vacation year, they will be paid off at the employee's
daily rate of pay or, upon the written request of the employee and with the approval of the Employer, lieu days may be
carried over to the following vacation year.
20.07 Effective April 1, 1999, the following shall apply to all Operating Employees.
(a) On April 1st of each year each employee shall be credited with one hundred and twenty (120) hours in
lieu ("lieu hours") of designated holidays;
(b) A deduction shall be made from the credited lieu hours for which the employee is absent without leave on the
designated holiday as listed in clause 20.01;
(c) Lieu hours may be taken in conjunction with days of rest or vacation leave or a combination thereof or as
occasional days and shall be charged against the lieu hours credits on the basis of the employee's regularly scheduled
hours of work;
(d) Consistent with operational requirements of the service and subject to adequate notice the Employer shall make
every reasonable effort to grant lieu hours at times desired by the employee.
(e) When operational requirements prevent the Employer from providing lieu hours to which the employee was entitled
prior to the end of the fiscal year, the remaining hours shall be paid off at the employee's straight-time rate of pay
in effect at that time.
(f) Any leave granted under the provisions of this clause in advance of the holidays occurring after the date of an
employee's termination, resignation or commencement of retirement shall be subject to recovery of pay.
(g) Employees who work on a designated paid holidays, or the day to which the holiday is moved as provided in 20.03
shall be paid at their straight-time hourly rate for all regularly scheduled hours of work. For hours worked in excess
of the employees regularly scheduled hours of work shall be paid in accordance with Article 21, Hours of Work and
Overtime.
Holiday Coinciding With A Day of Paid Leave
20.08 Effective March 30, 1999 the following shall cease to apply to all Operating employees. When
a day that is a designated paid holiday for an employee falls within a period of leave with pay, the holiday shall not
count as leave.
Non-Operating Employees
21.01 Where hours of work are scheduled for employees on a regular basis, they shall be scheduled
so that employees:
(a) work thirty-seven and one-half (37 1/2) hours and five (5) days per week,
and
(b) work seven and one-half (7 1/2) hours per day.
21.02 Notwithstanding the provisions of this Article, upon request of an employee and the
concurrence of his Employer, an employee may complete his weekly hours of employment in a period other than five (5)
full days provided that over a period of fourteen (14) calendar days the employee works an average of
thirty-seven and one-half (37 1/2) 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)-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.
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.
Any special arrangement established under this clause shall be subject to the provisions of Appendix "D" of this
collective agreement.
Operating Employees
21.03
(a) Where hours of work are scheduled for employees on a rotating or irregular basis, they shall be averaged so that
employees over a period not exceeding one hundred and twelve (112) days:
(i) work an average of thirty-seven and one-half (37 1/2) hours per week,
(ii) work eight (8) hours per day.
(b) An employee's days of rest shall be consecutive and not less than two (2). The first (1st) day of
rest will start immediately after midnight of the calendar day in which the employee worked, or was scheduled to work,
his last regular shift; the second (2nd) day of rest shall start immediately after midnight of the
employee's first (1st) day of rest and each subsequent day of rest shall start immediately after midnight of
the preceding day of rest provided those days are consecutive and contiguous to the preceding day of rest.
(c) Every reasonable effort shall be made by the Employer:
(i) not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's previous
shift,
and
(ii) to avoid excessive fluctuation in hours of work.
(d) An employee who works more than fifteen (15) consecutive hours shall not be required to report for work on his
next regularly scheduled shift until a period of at least nine (9) hours has elapsed from the end of the period of work
that exceeded fifteen (15) hours. If as a result of the application of this sub-clause, an employee works fewer hours
than called for on his next regularly scheduled shift, he shall nevertheless receive the full rate of pay for that
shift.
Appendix "E" of this collective agreement contains provisions applicable to operational employees whose hours of
work vary from those specified in this clause.
General
21.04 An employee's scheduled hours of work shall not be construed as guaranteeing the employee
minimum or maximum hours of work.
21.05
(a) The Employer agrees to consult with CAPRO representatives in the establishment of shift schedules established in
accordance with clause 21.03.
(b) The Employer agrees that, before a schedule of working hours is changed, the change will be discussed with the
appropriate representative of CAPRO, if the change will affect a majority of the employees governed by the
schedule.
21.06 Provided sufficient advance notice is given and with the approval of the Employer, employees
may exchange shifts if there is no increase in cost to the Employer. Once an exchange of shifts has been approved, it
will be the responsibility of the employees involved to report for duty in accordance with the approved exchange.
Penalties and costs identified under Article 21 will not apply as a result of a shift exchange.
21.07 An employee's shift schedule shall cover a period of at least fifty-six (56) days and shall
be posted fifteen (15) days in advance of its starting date. Every reasonable effort will be made by the Employer to
minimize changes to an employee's days of rest. If an employee is given less than ten (10) days' advance notice of a
change in his shift schedule, he will receive a premium rate of time and one-half (1 1/2) for work performed on the
first shift changed. Subsequent shifts worked on the new schedule shall be paid for at the hourly rate of pay. Such
employee shall retain his previously scheduled days of rest next following the change or if worked, such days of rest
shall be compensated in accordance with the overtime provisions of this Agreement.
Overtime
21.08
(a) "overtime" means in the case of a full-time employee authorized work performed in excess of his normal scheduled
hours of work;
(b) "time and one-half" means one and one-half (1 1/2) times the hourly rate of pay;
and
(c) "double time" means twice (2) the hourly rate of pay.
Assignment of Overtime Work
21.09 Subject to operational requirements of the service, the Employer shall make every reasonable
effort:
(a) to allocate overtime work on an equitable basis among readily available qualified employees;
and
(b) to give employees who are required to work overtime adequate advance notice of this requirement;
(c) employees whose normal scheduled hours of work are less than thirty-seven and one-half (37 1/2) hours per week
shall be entitled to overtime work as per clause 21.09(a) in the same proportion as their weekly hours of work compare
to the weekly hours of work of a full-time employee.
21.10 CAPRO is entitled to consult the deputy minister or his representative whenever it is alleged
that employees are required to work unreasonable amounts of overtime.
Overtime Compensation
21.11 Each six (6) minute period of overtime shall be compensated for at the following rates:
(a) time and one-half (1 1/2), except as provided for in paragraphs 21.11(b), (c) or (d);
(b) double time (2) for all hours of overtime worked in excess of eight (8) consecutive hours of overtime in any
contiguous period;
(c) on a day of rest double (2) time for all hours worked in excess of eight (8) hours for that day;
(d) double time (2) for all hours worked on a second or subsequent day of rest in an unbroken series of consecutive
and contiguous days of rest, provided the employee has worked and has received time and one-half (1 1/2) his
straight-time hourly rate on a day of rest in that series.
21.12
(a) An employee who works three (3) or more hours of overtime:
(i) immediately before his scheduled hours of work and who has not been notified of the requirement prior to the end
of his last scheduled work period,
or
(ii) immediately following his scheduled hours of work
shall be reimbursed for one (1) meal in the amount of nine dollars ($9) except where free meals are provided.
Reasonable time with pay, to be determined by management, shall be allowed the employee in order that he may take a
meal break either at or adjacent to his place of work. This clause shall not apply to an employee who is in travel
status which entitles him to claim expenses for lodging and/or meals.
**
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in
(a) above, he shall be reimbursed for one additional meal in the amount of nine dollars ($9), except where free meals
are provided. Reasonable time with pay, to be determined by management, shall be allowed the employee in order that he
may take a meal break either at or adjacent to his place of work. This clause shall not apply to an employee who is in
travel status which entitles him to claim expenses for lodging and/or meals.
21.13
(a) Overtime shall be compensated in cash, except where upon request of an employee and with the approval of the
Employer, overtime shall be compensated by paid time off computed at the same premium rate as the overtime.
(b) If any compensatory time earned cannot be liquidated by the end of the fiscal year it will be paid off at the
employee's hourly rate of pay.
Rest Periods - Operating Employees
21.14 Where operational requirements permit, the Employer will provide operating employees with
meal and relief breaks.
21.15 When an employee is required to work either contiguous or non-contiguous overtime, time spent
by the employee reporting to or returning from work shall not constitute time worked.
21.16 The Employer will endeavour to make cash payments for overtime during the month following
that in which the credits were earned.
22.01 When an employee is required by the Employer to travel to or from his Headquarters area as
normally defined by the Employer, his method of travel shall be determined by the Employer and he shall be compensated
in the following manner:
(a) On a normal working day on which he travels but does not work, the employee shall receive his regular pay for
the day.
(b) On a normal working day on which he travels and works, the employee shall be paid:
(i) his regular pay for the day for a combined period of travel and work not exceeding eight (8) hours,
and
(ii) at the applicable overtime rate for additional travel time in excess of an eight (8)-hour period of work and
travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the hourly rate
of pay in any day.
(c) On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for
hours travelled to a maximum of twelve (12) hours' pay at the hourly rate of pay.
(d) Travel time shall be compensated in cash, except where upon request of an employee and with the approval of the
Employer, travel time shall be compensated by leave with pay. The duration of such leave shall be equal to the travel
time multiplied by the appropriate rate of payment and payment shall be based on the employee's hourly rate of pay in
effect on the date immediately prior to the day on which the leave is taken.
(e) If any lieu time earned cannot be liquidated by the end of the fiscal year, then payment in cash will be made at
the employee's then current rate of pay.
22.02 Clause 22.01 does not apply to an employee travelling by means of any type of transport in
which he is required to perform work. In such circumstances, the employee shall receive the greater of
(a) on a normal working day, his regular pay for the day,
or
(b) pay for actual hours worked in accordance with Articles 20 and 21 of this Agreement.
22.03 Travel time shall include time necessarily spent at each stop-over en route provided such
stop-over is not longer than three (3) hours.
**
23.01 An employee working rotating or irregular shifts will receive a shift premium of
one dollar and fifty cents ($1.50) per hour for all hours worked, including overtime hours, during the period between
16:00 and 08:00 local time.
23.02
**
(a) Employees shall receive an additional premium of one dollar and fifty cents ($1.50) per hour for work on a
Saturday and/or Sunday for hours worked as stipulated in (b) below.
(b) Weekend premium shall be payable for all hours worked, including overtime hours, on Saturday and/or Sunday.
(c) Weekend premium is not applicable to persons employed on a casual or temporary basis for a period of less than
six (6) months, as defined in the PSSRA.
24.01 If an employee is called back to work:
(a) on a designated paid holiday which is not his scheduled day of work,
or
(b) on his day of rest,
or
(c) after he has completed his work for the day and has left his place of work,
and returns to work he shall be entitled to the greater of:
(i) the appropriate compensation as specified in Article 20 or Article 21, whichever is applicable, for any time
worked,
or
(ii) compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each call-back to
maximum of eight (8) hours compensation in an eight (8) hour period. Such maximum shall include any reporting pay
pursuant to Article 25.
24.02 When an employee is called back to work under the conditions described in clause 24.01, and
is required to use transportation services other than normal public transportation services, he shall be reimbursed for
reasonable expenses incurred as follows:
(a) mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his automobile
when the employee travels by means of his own automobile,
or
(b) out-of-pocket expenses for other means of commercial transportation.
24.03 Other than when required by the Employer to use a vehicle of the Employer for transportation
to a work location other than his normal place of work, time spent by an employee reporting to work or returning to his
residence shall not constitute time worked.
25.01 When an employee is required to report and reports to work
(a) on a designated paid holiday which is not his scheduled day of work,
or
(b) on his day of rest,
he is entitled to a minimum of four (4) hours' pay at the hourly rate of pay.
25.02 When an employee reports to work under the conditions described in clause 25.01, and is
required to use transportation services other than normal public transportation services, he shall be reimbursed for
reasonable expenses incurred as follows:
(a) mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his automobile
when the employee travels by means of his own automobile,
or
(b) out-of-pocket expenses for other means of commercial transportation.
25.03 Payments provided under Article 24, Call-Back Pay, and Article 25, Reporting Pay, shall not
be pyramided; that is an employee shall not receive more than one compensation for the same service.
25.04 Other than when required by the Employer to use a vehicle of the Employer for transportation
to a work location other than his normal place of work, time spent by an employee reporting to work or returning to his
residence shall not constitute time worked.
26.01 Where the Employer requires an employee to be available on standby during off-duty hours,
such employee shall be entitled to a standby payment of thirteen dollars ($13) for each eight (8) consecutive hours or
portion thereof that he is designated as being on standby.
26.02 An employee designated by letter or by list for standby duty shall be available during his
period of standby 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.
26.03 No standby payment shall be granted if an employee is unable to report for duty when
required.
26.04 An employee on standby who is called in to work and who reports for work shall be compensated
in accordance with the call-back provisions of this Agreement.
27.01 Under the following circumstances and subject to clause 27.02, an employee shall receive
severance benefits calculated on the basis of his weekly rate of pay:
(a) Lay-Off
(i) On the first (1st) lay-off after June 6, 1969, two (2) weeks' pay for the first (1st)
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 365.
(ii) On second or subsequent lay-off after June 6, 1969, 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 365, less any period in respect of which the employee was granted severance
pay under 27.01 above (a)(i) above.
(b) Resignation
On resignation, subject to paragraph 27.01(d) and with ten (10) or more years of continuous employment,
one-half (1/2) 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.
(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
On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation
Act or when he is entitled to an immediate annual allowance under the Public Service Superannuation Act,
one (1) week's pay for each complete year of continuous employment with a maximum benefit of thirty (30) weeks.
(e) Death
If an employee dies, there shall be paid to his estate, one (1) week's pay for each complete year of continuous
employment to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
(f) Termination for Cause for Reasons of Incapacity
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.
27.02 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 severance pay, retiring leave,
rehabilitation leave or cash gratuity in lieu thereof by the Public Service, a Federal Crown Corporation, the Canadian
Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under this
Article be pyramided.
27.03 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 certificate of appointment on the date of the
termination of his employment.
28.01 Except as provided in clauses 28.02, 28.03, 28.04 and 28.05, the terms and conditions
governing the application of pay to employees are not affected by this Agreement.
28.02 An employee is entitled to be paid for services rendered at:
(a) the pay specified in Appendix "A" for the classification of the position to which he is appointed, if the
classification coincides with that prescribed in his certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification prescribed in his certificate of appointment, if that
classification and the classification of the position to which he is appointed do not coincide.
28.03 When an employee is required by the Employer to perform the duties of a higher classification
level on an acting basis for a period of at least five (5) consecutive working days he shall be paid acting pay
calculated from the day on which he commenced to act as if he had been appointed to that higher classification level
for the period in which he acts. When a day designated as a paid holiday occurs during the qualifying period, the
holiday shall be considered as a day worked for purposes of the qualifying period.
28.04 If, during the term of this Agreement, a new classification standard is established and
implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the
application of the standard, negotiate with the Association the rates of pay and the rules affecting the pay of
employees on their movement to the new levels.
28.05 If an employee dies, the salary due to him on the last working day preceding his death, shall
continue to accrue to the end of the month in which he dies. Salary so accrued which has not been paid to the employee
as at the date of his death shall be paid to his estate.
28.06 The increment period for employees paid in the scale of rates for the RO-00 level is
six (6) months. The increment period for employees paid in the scale of rates for levels RO-1 through RO-6 inclusive is
one (1) year.
28.07 The pay increment date for an employee, appointed on or after date of signing of this
collective agreement, to a position in the bargaining unit upon promotion, demotion or from outside the Public Service,
shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position
in the bargaining unit prior to the signing date of this collective agreement remains unchanged
28.08
(a) The rates of pay set forth in Appendices "A" of shall become effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of the
Group Specific Agreement the following shall apply:
(i) "retroactive period" for the purpose of clauses (ii) to (v) means the period commencing on the effective date of
the retroactive upward revision in rates of pay and ending on the day the Agreement is signed or when an arbitral award
is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of
death, the estates of former employees who were employees in the bargaining units identified in Article 8 of this
Agreement during the retroactive period;
(iii) rates of pay shall be paid in an amount equal to what would have been paid had the Agreement been signed or an
arbitral award rendered therefor on the effective date of the revision in rates of pay;
(iv) in order for former employees or, in the case of death, for the former employees' representatives to receive
payment in accordance with clause (b)(iii), the Employer shall notify, by registered mail, such individuals at their
last known address that they have thirty (30) days from the date of receipt of the registered letter to request in
writing such payment, after which time any obligation upon the Employer to provide payment ceases;
no payment or no notification shall be made pursuant to clause 28.08(b) for one dollar ($1.00) or less.
28.09 Where a pay increment and a pay revision are effected on the same date, the pay increment
shall be applied first and the resulting rate shall be revised in accordance with the pay revision.
28.10 Only rates of pay and compensation for overtime which has been paid to an employee during the
retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount
payable on the new rates of pay will be paid to the employee.
28.11 An employee whose employment is terminated voluntarily or involuntarily other than by reason
of retirement or lay-off during the retroactive period and who is re-employed during the retroactive period and is an
employee on the date of signing of this Collective Agreement shall only be entitled to retroactive pay from the date of
commencement of the employee's most recent period of employment during the retroactive period.
28.12 Notwithstanding clause 28.10 an employee whose employment terminates during the retroactive
period because of completion of the term for which the employee is appointed and who becomes re-employed and is an
employee on the date of signing of this Collective Agreement shall be entitled to retroactive pay for any period of
employment during the retroactive period.
Education Leave Without Pay
29.01 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 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 his 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.
29.02 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 his annual rate of pay as provided
for in Appendix "B", of this Agreement, 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.
29.03 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.
29.04 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 before termination of the period he has undertaken to serve after completion of the
course;
he shall repay the Employer all allowances paid to him under this Article during the education leave or such lesser
sum as shall be determined by the Employer.
Career Development Leave With Pay
29.05
(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 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 paragraph 29.05(a) above. The employee shall receive no
compensation under Article 21, Hours of Work and Overtime, and Article 22, Travelling, 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
29.06 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. Such leave will be granted only where in the opinion of the
Employer the course of study is directly related to the employee's duties or will improve his qualifications.
30.01 Unless it is a requirement of the employee's job, or unless by prior agreement in writing
between the employee and management, no employee shall be required by the Employer to use his privately-owned motor
vehicle on government business.
31.01 The Public Service Staff Relations Act provides penalties for engaging in illegal
strikes. Disciplinary action, which may include penalties up to and including discharge, may also be taken for
participation in an illegal strike as defined in the Public Service Staff Relations Act.
32.01 If employees whose normal duties are performed on the premises of industrial employers are
prevented from performing their duties because of a strike or lock-out on the industrial employers' premises, the
employees shall report the matter to the Employer and the Employer will consider measures designed to ensure that, so
long as work is available, the employees affected are not denied regular pay and benefits to which they would normally
be entitled.
33.01 The Employer shall continue to make all reasonable provisions for the occupational safety and
health of employees. The Employer welcomes suggestions on this subject, and to this end encourages the formation of
safety and health committees at appropriate locations in government departments. Where such a committee is formed, it
may encompass one or all bargaining units at the location at the discretion of the Employer. The composition of the
Committee, which shall be composed of personnel employed at the location, will be determined locally through
consultation between management and local union representatives. The Committee shall meet as required to consult and
make recommendations on matters of occupational health and safety; within the scope of the policies, procedures and
standards prescribed by the Employer, and which are designed or intended to prevent or reduce the risk of occupational
injury and illness.
34.01 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 Section 7.0 of
the NJC By-Laws.
34.02 Subject to and as provided in Section 90 of the Public Service Staff Relations Act,
an employee who feels that he has been treated unjustly or considers himself 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 34.05 except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with his
specific complaint, such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an Arbitral
Award, he is not entitled to present the grievance unless he has the approval of and is represented by CAPRO.
34.03 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 his authorized representative.
Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either level 2 or
3.
34.04 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 CAPRO.
34.05 An employee who wishes to present a grievance at a prescribed level in the grievance
procedure, shall transmit this grievance to his 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 him.
34.06 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 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.
34.07 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.
34.08 An employee may be assisted and/or represented by CAPRO when presenting a grievance at any
level.
34.09
(a) CAPRO 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.
(b) The Employer and CAPRO recognize the value of an exchange of information during the grievance process.
34.10
(a) An employee may present a grievance to the First Level of the procedure in the manner prescribed in
clause 34.05, not later than the twenty-fifth (25th) day after the date on which he is notified orally or in
writing or on which he first becomes aware of the action or circumstances giving rise to grievance.
(b) Notwithstanding 34.10(a), an employee who utilizes an internal departmental alternative dispute resolution
process does not prejudice his or her right to present a grievance as specified under 34.01(a).
34.11 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 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 in writing.
34.12 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.
34.13 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.
34.14 Where an employee has been represented by CAPRO in the presentation of his grievance, the
Employer will provide the appropriate representative of CAPRO 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.
34.15 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.
34.16 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.
34.17 The time limits stipulated in this procedure may be extended by mutual Agreement between the
Employer and the employee and, where appropriate, the CAPRO representative.
34.18 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 of the levels, except the final level, may be eliminated by Agreement
of the Employer and the employee, and, where applicable, CAPRO.
34.19 Where the Employer discharges an employee, the grievance procedure set forth in this
Agreement shall apply except that the grievance may be presented at the final level only.
34.20 An employee may abandon a grievance by written notice to his immediate supervisor or
officer-in-charge.
34.21 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 was unable to comply with the prescribed time
limits due to circumstances beyond his control.
34.22 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 grievance or
refrain from exercising his right to present a grievance as provided in this Collective Agreement.
34.23 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 him of a provision of this Collective Agreement or a related
Arbitral Award,
or
(b) disciplinary action resulting in discharge, suspension or a financial penalty,
and his grievance has not been dealt with to his satisfaction, he may refer the grievance to adjudication in
accordance with the provisions of the Public Service Staff Relations Act and Regulations.
34.24 Where a grievance that may be presented by an employee to adjudication is a grievance
relating to the interpretation or application in respect of him of a provision of a Collective Agreement or an Arbitral
Award, the employee is not entitled to refer the grievance to adjudication unless the bargaining agent for the
bargaining unit to which the Collective Agreement or Arbitral Award applies signifies in 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.
35.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are
prepared to enter into discussions aimed at the development and introduction of appropriate machinery for the purpose
of providing joint consultation on matters of common interest.
35.02 Within five (5) days of notification of consultation served by either party, CAPRO shall
notify the Employer in writing of the representative authorized to act on behalf of CAPRO for consultation
purposes.
35.03 Without prejudice to the position the Employer or CAPRO may wish to take in future about the
desirability of having the subjects dealt with by provisions of collective agreements, the following subjects, as they
affect employees covered by this Agreement, shall be regarded as appropriate subjects of consultation involving the
Employer and CAPRO during the term of this Agreement:
(a) Pay administration
(b) Relocation directive
(c) Insurance for long-term disability
(d) Training
(e) Cafeterias, mobile canteens, washrooms, restrooms, showers, locker facilities and recreational facilities
(f) Parking privileges
(g) Payment of school fees and costs of transportation to school for children of employees
(h) Provision of uniforms and protective clothing
(i) Provision to CAPRO of departmental manuals and Treasury Board directives
(j) Technological change and reduction in work force, including measures to deal with their effect on employees
(k) Treasury Board Living Accommodation Charges Directive
(l) Entertainment expenses
(m) Travel Directive
(n) Foreign Service Directives and the Single Assignment Policy
(o) Isolated Posts Regulations
(p) Employer's share of premium payments for GSMIP, Provincial and Supplementary Hospital Insurance.
35.04 With respect to the subjects listed in clause 35.03, the Employer agrees that new policies
will not be introduced and existing regulations or directives will not be cancelled or amended by the Treasury Board in
such a way as to affect employees covered by this Agreement until such time as CAPRO has been given a reasonable
opportunity to consider and to consult on the Employer's proposals.
35.05 Wherever possible, the Employer shall consult with representatives of CAPRO at the
appropriate level about contemplated changes in conditions of employment or working conditions not governed by this
Agreement.
Consultation Committees
35.06 To facilitate discussions on matters of mutual interest outside the terms of the Collective
Agreement the Employer will recognize a National Radio Operations Group Committee and Regional Radio Operations Group
Committees of CAPRO for the purpose of consulting with management. Representation at such meetings will be limited to
three (3) representatives from each party.
35.07 Meetings of these Committees will be held on the Employer's premises.
35.08 Consultation may take place for the purpose of providing information, discussing the
application of policy or airing problems to promote understanding, but it is expressly understood that no commitment
may be made by either party on the subject that is not within their authority or jurisdiction, nor shall any commitment
made be construed as to alter, amend, add to or modify the terms of this Agreement.
36.01 The Employer will continue past practice in giving all reasonable consideration to continued
employment in the Public Service of employees who would otherwise become redundant because work is contracted out.
37.01 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 after December 6,
1978, will form part of this Agreement, subject to the Public Service Staff Relations Act (PSSRA) and any
legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in
Schedule III of the PSSRA.
37.02 NJC items which may be included in a Collective Agreement are those items which the parties
to the NJC agreements have designated as such or upon which the Chairman of the Public Service Staff Relations Board
has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6,
1978.
38.01 When a formal review of an employee's performance is made, the employee concerned shall be
given an opportunity to discuss and then sign the review form in question to indicate that its contents have been read
and understood. Upon written request, a copy of the completed review form will be provided to the employee.
38.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action
any document from the file of an employee, the existence of which the employee was not aware at the time of filing, or
within a reasonable period thereafter.
38.03 Notice of 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.
38.04 Upon written request of an employee, the personnel file of that employee may be made
available at least once per year for his examination in the presence of an authorized representative of the
Employer.
39.01 Where practicable, advance notice of a change in posting or a transfer from an employee's
headquarters area as defined by the Employer, shall be given to an employee. Such notice shall not normally be less
than two (2) months.
40.01 Upon written request, an employee shall be entitled to a complete and current statement of
the duties and responsibilities of his position including the position's classification level and point rating allotted
by factor.
41.01 This Agreement may be amended by mutual consent.
Maintenance Duties
42.01 An allowance of three ($3.00) per day shall be paid to an employee who is required to perform
maintenance duties in addition to the duties of his position.
On-the-Job Training Allowance
42.02 When an RO-1, RO-2, RO-3 or RO-4 employee in an operating station is assigned to provide
on-the-job training to an RO employee who has not yet qualified to operate at that station, the trainer shall be
entitled to receive three dollars ($3.00) for each complete hour during which he provides such training.
43.01 Where an employee is assigned to duty aboard a ship and suffers loss of clothing or personal
effects because of a marine disaster or shipwreck he/she shall be reimbursed for the loss up to maximum of three
thousands dollars ($3,000).
44.01 There shall be no discrimination, interference, restriction, coercion, harassment,
intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race,
creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical
disability, membership or activity in the union, marital status or a conviction for which a pardon has been
granted.
Definition
45.01 Part-time employee means a person whose normal hours of work are less than those established
in the Hours of Work Article of this Agreement, but not less than those prescribed in the Public Service Staff
Relations Act.
General
45.02 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, specified by this
Agreement, of full-time employees unless otherwise specified in this Agreement.
45.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed up
to the normal daily or weekly hours specified by this Agreement for a full-time employee.
45.04 The days of rest provisions of this agreement apply only in a week when a part-time employee
has worked five (5) days and the weekly hours specified by this Agreement.
45.05 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
45.06 A part-time employee shall not be paid for the designated holidays but shall, instead be paid
four decimal two five per cent (4.25%) for all straight-time hours worked.
45.07 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 20.01 of this Agreement, the employee shall be paid at
time and one-half (1 1/2) of the straight-time rate of pay for all hours worked up to the regular daily scheduled hours
of work as specified by this Agreement and double (2T) thereafter.
45.08 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 20.01 of this agreement, shall be paid for the time actually
worked in accordance with clause 45.07, or a minimum of four (4) hours pay at the straight-time rate, whichever is
greater.
Overtime
45.09 Overtime means authorized work performed in excess of the normal daily or weekly hours of
work, specified by this Agreement, of a full-time employee, but does not include time worked on a holiday.
45.10 Subject to 45.09 a part-time employee who is required to work overtime shall be paid overtime
as specified by this Agreement.
Call-Back
45.11 When a part-time employee meets the requirements to receive call-back pay in accordance with
clause 24.01 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
45.12 Subject to 45.04, when a part-time employee meets the requirements to receive reporting pay
on a day of rest, in accordance with clause 25.01 of this Agreement, and is entitled to receive a 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 of pay.
Bereavement Leave
45.13 Notwithstanding clause 45.02, there shall be no prorating of a "day" in clause 19.02 -
Bereavement Leave With Pay.
Vacation Leave
45.14 A part-time employee shall earn vacation leave credits for each month in which the employee
receives pay for at least twice (2T) the number of hours in the employee's normal workweek, at the rate for years of
service established in the vacation leave entitlement clause 29.02 specified by this Agreement, prorated and calculated
as follows:
**
(a) when the entitlement is six decimal two five (6.25) hours in a month, .166 multiplied by the number of hours in
the employee's workweek per month;
**
(b) when the entitlement is nine decimal three seven five (9.375) hours in a month, .250 multiplied by the number of
hours in the employee's workweek per month;
**
(c) when the entitlement is twelve decimal five (12.5) hours in a month, .333 multiplied by the number of hours in
the employee's workweek per month;
**
(d) when the entitlement is fourteen decimal three seven five (14.375) hours in a month, .383 multiplied by the
number of hours in the employee's workweek per month;
**
(e) when the entitlement is fifteen decimal six two five (15.625) hours in a month, .416 multiplied by the number of
hours in the employee's workweek per month;
**
(f) when the entitlement is seventeen decimal four seven five (17.475) hours in a month, .466 multiplied by the
number of hours in the employee's workweek per month;
**
(g) when the entitlement is eighteen decimal seven five (18.75) hours in a month, .500 multiplied by the number of
hours in the employee's workweek per month;
(h) however, a part-time employee who has received or is entitled to receive furlough leave shall have his or her
vacation leave credits earned reduced by one-twelfth (1/12) of the hours in the part-time workweek, beginning in the
month in which the twentieth (20th) anniversary of service occurs until the beginning of the month in which
his or her twenty-fifth (25th) anniversary of service occurs.
Sick Leave
45.15 A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the
number of hours in an employee's normal workweek for each calendar month in which the employee has received pay for at
least twice the number of hours in the employee's normal workweek.
45.16 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 45.14 and 45.15, 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
45.17 Notwithstanding the provisions of Article 27, Severance Pay, of this Agreement, 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.
46.01 It is recognized that certain full-time indeterminate employees whose hours of work are
regularly scheduled on a shift basis in accordance with clause 21.03 or Appendix "E-1" of this Agreement and who
receive Shift Premium in accordance with clause 23.0 l, are required to attend certain proceedings under this
collective agreement as identified in clause 46.01(a) and certain other proceedings identified in clause 46.01(b) of
this article which normally take place between the hours of 9 a.m. to 5 p.m. from Monday to Friday inclusive.
When such an employee is scheduled to work on the day of that proceeding and when the proceeding is not scheduled
during the employee's scheduled shift for that day and when the majority of the hours of the employee's scheduled shift
on that day do not fall between the hours of 9 a.m. to 5 p.m. upon written application by the employee, the Employer
shall endeavour, where possible, to change the employee's shift on the day of the proceeding so that the majority of
the hours fall between 9 a.m. to 5 p.m. provided that operational requirements are met, there is no increase in cost to
the Employer and sufficient advance notice is given by the employee.
(a) Certain Proceedings Under this Agreement
(i) PSSRB Proceedings
Clauses 18.01, 18.02, 18.04, 18.05 and 18.06
(ii) Personnel Section Process
Clause 19.04
(iii) Contract Negotiation and Preparatory Contract Negotiation Meetings
Clauses 18.10 and 18.11
(iv) Safety and Health Committees
Clause 33.01
(b) Certain Other Proceedings
Training courses which the employee is required to attend by the Employer.
47.01 Unless otherwise expressly stipulated, the provisions of this Agreement shall become
effective on the date it is signed.
**
47.02 This Agreement shall expire on April 30, 2001.
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