**
18.01 General
The parties recognize that in order to maintain and enhance
professional expertise, employees, from time to time, need to have an
opportunity to attend or participate in career development activities described
in this Article. Career development refers to an activity which is in the
opinion of the Employer, likely to be of assistance to the individual in
furthering his career development and to the organization in achieving its
goals.
**
18.02 Attendance at Conferences, Conventions and Courses
(a) 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) The parties to this Agreement recognize that attendance or
participation at conferences, conventions, symposia, workshops and other
gatherings of a similar nature contributes to the maintenance of high
professional standards.
(c) In order to benefit from an exchange of knowledge and
experience, an employee shall have the opportunity on occasion to attend
conferences and conventions which are related to his field of specialization,
subject to operational constraints.
(d) The Employer may grant leave with pay and reasonable
expenses including registration fees to attend such gatherings, subject to
budgetary and operational constraints.
(e) An employee who attends a conference or convention at the
request of the Employer to represent the interests of the Employer shall be
deemed to be on duty and, as required, in travel status. The Employer shall pay
the registration fees of the convention or conference the employee is required
to attend.
(f) An employee invited to participate in a conference or
convention in an official capacity, such as to present a formal address or to
give a course related to his field of employment, may be granted leave with pay
for this purpose and may, in addition, be reimbursed for his payment of
convention or conference registration fees and reasonable travel expenses.
(g) An employee shall not be entitled to any compensation under
Articles 9, Overtime, and 13, Travelling Time, in respect of hours the employee
is in attendance at or travelling to or from a conference or convention under
the provisions of this clause, except as provided by paragraph (d).
**
18.03 Education Leave Without Pay
(a) 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 additional or special studies in some field
of education in which special preparation is needed to enable him 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.
(b) An employee on Education Leave without pay under this clause
shall receive an allowance in lieu of salary of up to one hundred per cent
(100%) of his basic salary. The percentage of the allowance is at the discretion
of the Employer. 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.
(c) 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.
(d) As a condition to the granting of education leave, 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, except with
the permission of the Employer:
(i) fails to complete the course,
(ii) does not resume employment with the Employer on
completion of the course,
or
(iii) ceases to be employed, except by reason of death or
lay-off, 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 clause during the education leave or such lesser sum as shall be
determined by the Employer.
18.04 Professional Development
(a) The parties to this Agreement share a desire to improve
professional standards by giving the employees the opportunity on occasion:
(i) to participate in workshops, short courses or similar
out-service programs to keep up to date with knowledge and skills in their
respective fields,
(ii) to conduct research or perform work related to their
normal research programs in institutions or locations other than those of
the Employer,
or
(iii) to carry out research in the employee's field of
specialization not specifically related to his assigned work projects when
in the opinion of the Employer such research is needed to enable the
employee to fill his present role more adequately.
(b) Subject to the Employer's approval an employee shall receive
leave with pay in order to participate in the activities described in paragraph
18.04(a) above.
(c) An employee may apply at any time for professional
development under this clause, and the Employer may select an employee at any
time for such professional development.
(d) When an employee is selected by the Employer for
professional development under this clause the Employer will consult with the
employee before determining the location and duration of the program of work or
studies to be undertaken.
(e) An employee selected for professional development under this
clause shall continue to receive his normal compensation including any increase
for which he may become eligible. The employee shall not be entitled to any
compensation under Articles 9, Overtime, and 13, Travelling Time, while on
professional development under this clause.
(f) An employee on professional development under this clause
may be reimbursed for reasonable travel expenses and such other additional
expenses as the Employer deems appropriate.
18.05 Selection Criteria
(a) The Employer shall establish selection criteria for granting
leave under clauses 18.02, 18.03 and 18.04. Upon request, a copy of these
criteria will be provided to an employee and/or the Institute Representative.
(b) All applications for leave under clauses 18.02 through 18.04
will be reviewed by the Employer. A list of the names of the applicants to whom
the Employer grants leave under clauses 18.02 through 18.04 will be provided to
the Institute Representative on the Departmental Career Development Consultation
Committee.
18.06 Departmental Career Development Consultation Committee
(a) The parties to this collective agreement acknowledge the
mutual benefits to be derived from consultation on Career Development. To this
effect the parties agree that such consultation will be held at the departmental
level either through the existing Joint Consultation Committee or through the
creation of a Departmental Career Development Consultation Committee. A
consultation committee as determined by the parties, may be established at the
local, regional or national level.
(b) The Departmental Consultation Committee shall be composed of
mutually agreeable numbers of Institute representatives and Employer
representatives who shall meet at mutually satisfactory times. Committee
meetings shall normally be held on the Employer's premises during working hours.
(c) Employees forming the continuing membership of the
Departmental Consultation Committees shall be protected against any loss of
normal pay by reason of attendance at such meetings with management, including
reasonable travel time where applicable.
(d) The Employer recognizes the use of such committees for the
purpose of providing information, discussing the application of policy,
promoting understanding and reviewing problems.
(e) It is understood that no commitment may be made by either
party on a 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.
18.07 Joint Institute/Treasury Board Career Development Committee
(a) In addition to consultation on career development at the
departmental level referred to in clause 18.06, the representatives of the
Employer and the Institute agree to establish a joint Institute/Treasury Board
Career Development Committee.
(b) In establishing this committee, it is understood by the
parties that Departments are responsible for the application of the policies
related to Career Development.
(c) It is understood that no commitment may be made by either
party on a 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.
19.01 Under the following circumstances and subject
to clause 19.02, 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, 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 three
hundred and sixty-five (365).
(ii) On second (2nd) or subsequent lay-off, one (1)
week's pay for each complete year of continuous employment and, in the case of
a partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and
sixty-five (365), less any period in respect of which he was granted
Severance Pay under subparagraph 19.01(a)(i).
(b) Resignation
On resignation, subject to paragraph 19.01(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 and, in the case of a partial year of
continuous employment, one (1/2) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), 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 for each complete
year of continuous employment with a maximum benefit of twenty-seven (27) weeks'
pay.
(d) Retirement
On retirement, when an employee is entitled to an immediate
annuity or to an immediate annual allowance under the Public Service
Superannuation Act, a severance payment in respect of the employee's
complete period of continuous employment, comprised of one (1) week's pay for
each complete year of continuous employment and, in the case of a partial year
of continuous employment, one (1) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), to a
maximum of thirty (30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to the employee's
estate a severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), to a maximum of thirty
(30) weeks' pay, regardless of any other benefit payable.
**
(f) Termination for Cause for Reasons of Incapacity or
Incompetence
(i) When an employee has completed more than one (1) year of
continuous employment and ceases to be employed by reason of termination for
cause for reasons of incapacity, pursuant to sections 12(1)(d) and 12(1)(e) of
the Financial Administration Act, one (1) week's pay for each complete
year of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), to a maximum of
twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years
of continuous employment and ceases to be employed by reason of termination
for cause for reasons of incompetence, pursuant to the provisions of sections
12(1)(d) and 12(1)(e) of the Financial Administration Act, one (1)
week's pay for each complete year of continuous employment and, in the case of
a partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and
sixty-five (365), with a maximum benefit of twenty-eight (28) weeks.
19.02 The period of continuous employment used in the
calculation of severance benefits payable to an employee under this Article
shall be reduced by any period of continuous employment in respect of which the
employee was already granted any type of termination benefit. Under no
circumstances shall the maximum severance pay provided under clause 19.01 be
pyramided.
19.03 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, immediately
prior to the termination of his employment.
19.04 Appointment To A Separate Employer Organization
Notwithstanding paragraph 19.01(b) above, an employee who
resigns to accept an appointment with an organization listed in the FAA Schedule
V may choose not to be paid severance pay provided that the appointing
organization will accept the employee's Schedule I and IV service for its
severance pay entitlement.
**
20.01 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 the new levels resulting from
the application of the standard, negotiate with the Institute the rates of pay
and the rules affecting the pay of employees on their movement to the new
levels.
20.02 Upon written request, an employee shall be
provided with a complete and current statement of the duties and
responsibilities of his position, including the classification level and, where
applicable, the point rating allotted by factor to his position, and an
organization chart depicting the position's place in the organization.
21.01 The Employer shall reimburse an employee for
the employee's payment of membership or registration fees to an organization or
governing body when the payment of such fees is a requirement for the
continuation of the performance of the duties of the employee's position.
Clauses 21.02, 21.03 and 21.04 apply to
employees classified as AU in the Audit, Commerce and Purchasing Group
21.02 The Employer shall reimburse an employee his
annual membership fees paid to either the Institute of Chartered Accountants
(CA), the Society of Management Accountants (CMA) or the Association of
Certified General Accountants (CGA), when the payment of such fees is a
requirement for the continuation of the performance of the duties of his
position.
**
21.03 When the payment of such fees is not a
requirement for the continuation of the performance of the duties of an
employee's position, but eligibility for a professional accounting designation
from one of these associations is a qualification specified in the Standards for
Selection and Assessment for the Auditing group, the Employer shall reimburse
the employee for his annual membership fees paid to one of the associations
referred to in clause 21.02 to a maximum of one thousand ($1,000).
21.04 Upon receipt of proof of payment, the
reimbursement will commence with fees that become due and are paid following
that date. Reimbursement covered by this Article does not include arrears of
previous years' dues.
22.01 The Employer shall provide the employee with
immunization against communicable diseases where there is a risk of incurring
such diseases in the performance of the employee's duties.
**
23.01 The parties have agreed that in cases where as
a result of technological change the services of an employee are no longer
required beyond a specified date because of lack of work or the discontinuance
of a function, the Work Force Adjustment agreement in Appendix B will apply. In
all other cases the following will apply.
23.02 In this Article "Technological
Change" means:
(a) the introduction by the Employer of equipment or material of
a substantially different nature than that previously utilized which will result
in significant changes in the employment status or working conditions of
employees;
and
(b) a major change in the Employer's operation directly related
to the introduction of that equipment or material which will result in
significant changes in the employment status or working conditions of the
employees.
23.03 Both parties recognize the overall advantages
of technological change and will, therefore, encourage and promote technological
change in the Employer's operations. Where technological change is to be
implemented, the Employer will seek ways and means of minimizing adverse effects
on employees which might result from such changes.
23.04 The Employer agrees to provide as much advance
notice as is practicable but, except in cases of emergency, not less than one
hundred and twenty (120) days written notice to the Institute of the
introduction or implementation of technological change when it will result in
significant changes in the employment status or working conditions of the
employees.
23.05 The written notice provided for in clause 23.04
will provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to
effect change;
(c) the location or locations involved.
23.06 As soon as reasonably practicable after notice
is given under clause 23.04, the Employer shall consult meaningfully with the
Institute concerning the effects of the technological change referred to in
clause 23.04 on each group of employees. Such consultation will include but not
necessarily be limited to the following:
(a) The appropriate number, class and location of employees
likely to be affected by the change.
(b) The effect the change may be expected to have on working
conditions or terms and conditions of employment of employees.
23.07 When, as a result of technological change, the
Employer determines that an employee requires new skills or knowledge in order
to perform the duties of his substantive position, the Employer will make every
reasonable effort to provide the necessary training during the employee's
working hours without loss of pay and at no cost to the employee.
24.01 The Employer shall continue to make all
reasonable provisions for the occupational safety and health of employees. The
Employer will welcome suggestions on the subject from the Institute and the
parties undertake to consult with a view to adopting and expeditiously carrying
out reasonable procedures and techniques designed or intended to prevent or
reduce the risk of employment injury or occupational illness.
25.01 The Employer recognizes the Institute as the
exclusive bargaining agent for all employees described in the certificate issued
by the former Public Service Staff Relations Board on June 16, 1999 covering
employees of the Audit, Commerce and Purchasing (AV) Group.
25.02 The Employer recognizes that it is a proper
function and a right of the Institute to bargain with a view to arriving at a
Collective Agreement and the Employer and the Institute agree to bargain in good
faith, in accordance with the provisions of the Public Service Labour
Relations Act.
26.01 The Employer will as a condition of employment
deduct an amount equal to the amount of the membership dues from the monthly pay
of all employees in the bargaining unit. Where an employee does not have
sufficient earnings in respect of any month to permit deductions under this
Article the Employer shall not be obligated to make such deductions for that
month from subsequent salary.
26.02 The
Institute shall inform the Employer in writing of the authorized monthly
deduction to be checked off for each employee defined in clause 26.01.
26.03 For the purpose of applying clause 26.01 above,
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.
**
26.04 An employee who satisfies the Employer to the
extent that he declares in an affidavit that he is a member of a religious
organization registered pursuant to the Income Tax Act, 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 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. A copy of the affidavit will be provided to the
Institute.
26.05 No employee organization, as defined in Section
2 of the Public Service Labour Relations Act, other than the Institute,
shall be permitted to have membership dues and/or other monies deducted by the
Employer from the pay of employees in the bargaining unit.
26.06 The amounts deducted in accordance with clause
26.01 shall be remitted to the Institute by cheque within a reasonable period of
time after deductions are made and shall be accompanied by particulars
identifying each employee and the deductions made on the employee's behalf.
26.07 The Employer agrees to continue the past
practice of making deductions for other purposes on the basis of the production
of appropriate documentation.
26.08 The Institute 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, in which case the liability shall be limited to the
amount of the error.
26.09 When it is mutually acknowledged that an error
has been committed, the Employer shall endeavour to correct such error within
the two (2) pay periods following the acknowledgement of error.
27.01 Reasonable space on bulletin boards including
electronic bulletin boards where available, in convenient locations will be made
available to the Institute for the posting of official Institute notices. The
Institute shall endeavour to avoid requests for posting of notices which the
Employer, acting reasonably, could consider adverse to its interests or to the
interests of any of its representatives. Posting of notices or other materials
shall require the prior approval of the Employer, except notices of meetings of
their members and elections, the names of Institute representatives, and social
and recreational events. Such approval shall not be unreasonably withheld.
27.02 The Employer will also continue its present
practice of making available to the Institute specific locations on its premises
for the placement of reasonable quantities of literature of the Institute.
27.03 A duly accredited representative of the
Institute may be permitted access to the Employer's premises to assist in the
resolution of a complaint or grievance and to attend meetings called by
management. Permission to enter the premises shall, in each case be obtained
from the Employer.
27.04 The Institute shall provide the Employer a list
of such Institute representatives and shall advise promptly of any change made
to the list.
28.01 The Employer agrees to supply the Institute on
a quarterly basis with a list of all employees in the bargaining unit. The list
referred to herein shall include the name, employing department, geographical
location, classification of the employee and shall be provided within one month
following the termination of each quarter. As soon as practicable, the Employer
agrees to add to the above list the date of appointment for new employees.
28.02 The Employer agrees to supply each employee
with a copy of the Collective Agreement and any amendments thereto.
28.03 Upon the written request of an employee, the
Employer shall make available at a mutually satisfactory time National Joint
Council Agreements listed in clause 35.03, National Joint Council Agreements,
which have a direct bearing on the requesting employee's terms and conditions of
employment.
**
28.04 The Employer agrees to distribute to each new
employee an information package prepared and supplied by the Institute. Such
information package shall require the prior approval of the Employer. The
Employer shall have the right to refuse to distribute any information that it
considers adverse to its interests or to the interests of any of its
representatives.
**
29.01 The Employer acknowledges the exclusive right
of the Institute to appoint or otherwise select employees as representatives.
29.02 The Institute and the Employer shall endeavor
in consultation to determine the jurisdiction of each representative, having
regard to the plan of organization, the number and distribution of employees at
the work place and the administrative structure implied by the grievance
procedure. Where the parties are unable to agree in consultation, then any
dispute shall be resolved by the grievance/adjudication procedure.
29.03 The Institute shall notify the Employer in
writing of the name and jurisdiction of its representatives identified pursuant
to clause 29.02.
29.04 A representative shall obtain the permission of
his immediate supervisor before leaving his work to investigate employee
complaints of an urgent nature, to meet with local management for the purpose of
dealing with grievances and to attend meetings called by management. Such
permission shall not be unreasonably withheld. Where practicable, the
representative shall report back to his supervisor before resuming his normal
duties.
**
29.05 The Institute shall have the opportunity to
have an employee representative introduced to new employees as part of the
Employer's formal orientation programs, where they exist.
30.01 Public Service Labour Relations
Board Hearings
Complaints Made to the Public Service Labour
Relations Board Pursuant to the former Section 23 of the Public Service
Staff Relations Act
Where operational requirements permit the Employer will grant
leave with pay:
(a) to an employee who makes a complaint on his own behalf
before the Public Service Labour Relations Board,
and
(b) to an employee who acts on behalf of an employee making a
complaint, or who acts on behalf of the Institute making a complaint.
30.02
Applications for Certification, Representations and Interventions With Respect
to Applications for Certification
Where operational requirements permit, the Employer will grant
leave without pay:
(a) to an employee who represents the Institute in an
application for certification or in an intervention,
and
(b) to an employee who makes personal representations with
respect to a certification.
30.03
Employee Called as a Witness
The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service
Labour Relations Board,
and
(b) where operational requirements permit, to an employee called
as a witness by an employee or the Institute.
30.04
Arbitration Board, Public Interest Commission Hearings and Alternative Dispute
Resolution Process
Where operational requirements permit, the Employer will grant
leave with pay to an employee representing the Institute before an Arbitration
Board, Public Interest Commission or an Alternative Dispute Resolution Process.
30.05
Employee Called as a Witness
The Employer will grant leave with pay to an employee called as
a witness by an Arbitration Board, Public Interest Commission or an Alternative
Dispute Resolution Process and, where operational requirements permit,
leave with pay to an employee called as a witness by the Institute.
30.06
Adjudication
Where operational requirements permit, the Employer will grant
leave with pay to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an
adjudication,
or
(c) a witness called by an employee who is party to an
adjudication.
30.07
Meetings During the Grievance Process
Employee
Presenting Grievance
Where operational requirements permit, the Employer will grant
to an employee:
(a) where the Employer originates a meeting with the employee
who has presented the grievance, leave with pay when the meeting is held in the
headquarters area of such employee and on duty status when the meeting is held
outside the headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to
meet with the Employer, leave with pay to the employee when the meeting is held
in the headquarters area of such employee and leave without pay when the meeting
is held outside the headquarters area of such employee;
and
(c) when mutually agreed by the parties, in cases where more
than one employee has grieved on the same subject and all grievors are
represented by the Institute that one meeting will serve the interests of all
grievors.
30.08
Employee Who Acts as Representative
Where an employee wishes to represent at a meeting with the
Employer, an employee who has presented a grievance, the Employer will, where
operational requirements permit, grant leave with pay to the representative when
the meeting is held in the headquarters area of such employee and leave without
pay when the meeting is held outside the headquarters area of such employee.
30.09
Grievance Investigations
Where an employee has asked or is obliged to be represented by
the Institute in relation to the presentation of a grievance and an employee
acting on behalf of the Institute wishes to discuss the grievance with that
employee, the employee and the representative of the employee will, where
operational requirements permit, be given reasonable leave with pay for this
purpose when the discussion takes place in the headquarters area of such
employee and leave without pay when it takes place outside the headquarters area
of such employee.
30.10
Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant
leave without pay to an employee for the purpose of attending contract
negotiations meetings on behalf of the Institute.
30.11
Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant
leave without pay to an employee to attend preparatory contract negotiations
meetings.
30.12
Meetings Between the Institute and Management
Where operational requirements permit, the Employer will grant
leave with pay to an employee to attend meetings with management on behalf of
the Institute.
30.13
Institute Executive Council Meetings and Conventions
Where operational requirements permit, the Employer will grant
leave without pay to employees to attend meetings and conventions provided in
the Constitution and By-laws of the Institute.
30.14
Employee Representatives' Training Courses
(a) Where operational requirements permit, the Employer will
grant leave without pay to employees appointed as Employee Representatives by
the Institute, to undertake training sponsored by the Institute related to the
duties of a Employee Representative.
(b) Where operational requirements permit, the Employer will
grant leave with pay to employees appointed as Employee Representatives by the
Institute, to attend training sessions concerning Employer-employee relations
sponsored by the Employer.
31.01 Subject to the willingness and capacity of
individual employees to accept relocation and retraining, the Employer will make
every reasonable effort to ensure that any reduction in the work force will be
accomplished through attrition.
32.01 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.
33.01 The parties agree that, in the event of a
dispute arising out of the interpretation of a clause or Article in this
Agreement, it is desirable that the parties should meet within a reasonable time
and seek to resolve the problem. This Article does not prevent employees from
availing themselves of the grievance procedure provided in this Agreement.
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