6.01 The Employer acknowledges the right of the Association
to appoint employees as Employee Representatives.
6.02 The Employer and the Association shall, by mutual
agreement, determine the area to be serviced by each Employee Representative.
6.03 The Association shall notify the Employer promptly and
in writing, of the names of its Employee Representatives appointed pursuant to
clause 6.02 and of any subsequent changes.
6.04 An Employee Representative shall obtain the permission
of his/her immediate supervisor before leaving work to investigate employee
complaints, to meet with local management for the purpose of dealing with
grievances and to attend meetings called by management. Upon the resumption of
the normal duties of the Employee Representative, he/she shall report back to
the supervisor, where practicable.
7.01
(a) A duly accredited representative of the Association may be permitted
access to the Employer's premises. Permission to enter the premises shall be
obtained from the Employer.
(b) The Association shall provide the Employer a list of such representatives
and shall advise promptly of any changes made to the list.
**
7.02 Space on bulletin boards including electronic bulletin
boards will be made available to the Association for the posting of official
Association notices, in convenient locations determined by the Employer. The
posting of notices or other material shall require the prior approval of the
Employer, except notices of Association business affairs and meetings, and
Association elections, the names of the Association's representatives and
Employee Representatives and social and recreational events. The Employer
reserves the right to refuse the posting of any information, which it considers
adverse to its interests or to the interests of any of its representatives.
7.03 The Employer will also continue its present practice of
making available to the Association specific locations on its premises, where it
is practical to do so, for the placement of reasonable quantities of literature
of the Association.
8.01 Subject to the provisions of this Article, the Employer
will, as a condition of employment, deduct an amount equal to the monthly
membership dues from the monthly pay of all employees. Where an employee does
not have sufficient earnings in respect of any month to permit deductions made
under this Article, the Employer shall not be obligated to make such deduction
from subsequent salary.
8.02 The Association shall inform the Employer in writing of
the authorized monthly deduction to be checked off for each employee. In
addition, the Association shall advise the Employer in writing at least three
(3) months prior to the effective date of any amendment to the amount of the
authorized monthly deduction. Such amendments shall only be made once each
fiscal year.
8.03 For the purpose of applying clause 8.01, deductions
from pay for each employee in respect of each calendar month will start with the
first (1st) full calendar month of employment to the extent that
earnings are available.
8.04 An employee who satisfies the Employer to the extent
that he/she declares in an affidavit that he/she is a member of a religious
organization whose doctrine prevents him/her as a matter of conscience from
making financial contributions to an employee organization and that he/she will
make contributions to a charitable organization registered pursuant to the Income
Tax Act, equal to dues, shall not be subject to this Article, provided that
the affidavit submitted by him/her is countersigned by an official
representative of the religious organization involved.
8.05 No employee organization, as defined in Section 2 of
the Public Service Labour Relations Act, other than the Association,
shall be permitted to have membership dues and/or other monies deducted by the
Employer from the pay of employees.
8.06 The amounts deducted in accordance with clause 8.01
shall be remitted to the Treasurer of the Association by cheque within a
reasonable period of time after deductions are made and shall be accompanied by
particulars identifying each employee and the deductions made on the employee's
behalf.
8.07 The Association agrees to indemnify and save the
Employer harmless against any claim or liability arising out of the application
of this Article, except for any claim or liability arising out of an error
committed by the Employer limited to the amount actually involved in the error.
9.01 The Employer agrees to supply the Association each
quarter with the name, geographic location and classification of each new
employee.
9.02 The Employer agrees to supply each employee with a copy
of this Agreement and any amendments thereto. For the purpose of satisfying the
Employer's obligation under this clause, employees may be given electronic
access to this Agreement. Where electronic access to the Agreement is
unavailable or impractical, the employee shall be supplied, on request, with a
printed copy of the Agreement.
9.03 The Employer agrees to distribute to each new employee
an information package prepared and supplied by the Association. Such
information package and any amendments thereto shall require the prior approval
of the Employer. The Employer shall have the right to refuse to distribute any
information that it considers adverse to its interests or to the interests of
any of its representatives.
10.01 If employees are prevented from performing their
duties because of a strike or lock-out on the premises of another employer, the
employees shall report the matter to the Employer, and the Employer will make
reasonable efforts to ensure that such employees are employed elsewhere, so that
they shall receive their regular pay and benefits to which they would normally
be entitled.
11.01 Unless otherwise specified by the Employer as being in
an area that could represent a conflict of interest, employees shall not be
restricted in engaging in other employment outside the hours they are required
to work for the Employer.
Leave for Elected Officials
12.01 When operational requirements permit, the Employer
will grant leave without pay to an employee who is elected or appointed to a
full-time Association office for a period in excess of three (3) months.
**
Complaints made to the Public Service Staff Relations Board pursuant to the
former Section 23 of the Public Service Staff Relations Act
12.02 When operational requirements permit, the Employer
will grant leave with pay:
(a) to an employee who makes a complaint on his/her own behalf, before the
Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or
who acts on behalf of the Association making a complaint.
Applications for Certification, Representations and Interventions
with respect to Applications for Certification
12.03 When operational requirements permit, the Employer
will grant leave without pay:
(a) to an employee who represents the Association in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
12.04 The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations
Board,
and
(b) when operational requirements permit, to an employee called as a witness
by an employee or the Association.
**
Arbitration Board Hearings, Public Interest Commission and
Alternative Dispute Resolution Process
12.05 When operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees representing the
Association before an Arbitration Board, a Public Interest Commission or in an
Alternative Dispute Resolution Process.
12.06 The Employer will grant leave with pay to an employee
called as a witness by an Arbitration Board, a Public Interest Commission or in
an Alternative Dispute Resolution Process and, when operational requirements
permit, leave with pay to an employee called as a witness by the Association.
Adjudication
12.07 When operational requirements permit, the Employer
will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
12.08 When operational requirements permit, the Employer
will grant to an employee:
(a) when the Employer originates a meeting with the employee who has
presented the grievance, leave with pay when the meeting is held in the
headquarters area of the employee and "on duty" status when the
meeting is held outside the employee's headquarters area,
and
(b) when an employee who has presented a grievance seeks to meet with the
Employer, leave with pay to the employee when the meeting is held in the
headquarters area of such employee and leave without pay when the meeting is
held outside the headquarters area of such employee.
12.09 When an employee wishes to represent, at a meeting
with the Employer, an employee who has presented a grievance, the Employer will
arrange the meeting having regard to operational requirements, and will grant
leave with pay to the representative when the meeting is held in the
representative's headquarters area and leave without pay when the meeting is
held outside the representative's headquarters area.
12.10 Where an employee has asked or is obliged to be
represented by the Association in relation to the presentation of a grievance
and an employee acting on behalf of the Association wishes to discuss the
grievance with that employee, the employee and the representative of the
employee will, where operational requirements permit, be given reasonable leave
with pay for this purpose when the discussion takes place in their headquarters
area and reasonable leave without pay when it takes place outside their
headquarters area.
Contract Negotiation Meetings
12.11 When operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees for the purpose
of attending contract negotiation meetings on behalf of the Association.
Preparatory Contract Negotiation Meetings
12.12 When operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees to attend
preparatory contract negotiation meetings.
Meetings Between the Association and Management Not Otherwise Specified in
this Article
12.13 When operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees who are meeting
with management on behalf of the Association.
12.14 Subject to operational requirements, the Employer
shall grant leave without pay to a reasonable number of employees to attend
meetings and conventions provided for in the constitution and by-laws of the
Association.
Representatives' Training Courses
12.15 When operational requirements permit, the Employer
will grant leave without pay to employees who exercise the authority of a
representative on behalf of the Association to undertake training related to the
duties of a representative.
12.16 An employee shall not be entitled to any compensation
under Overtime and Travelling Time in respect of hours he/she is acting or
travelling under the provisions of this Article.
13.01 The Public Service Labour Relations Act
provides penalties for engaging in illegal strikes. Disciplinary action may also
be taken, which will include penalties up to and including termination of
employment pursuant to Section 12(l)(c) of the Financial Administration Act,
for participation in an illegal strike as defined in the Public Service
Labour Relations Act.
14.01 When an employee is suspended from duty, the Employer
undertakes to notify the employee in writing of the reason for such suspension.
The Employer shall endeavour to give such notification at the time of
suspension.
14.02 The Employer shall notify the National Office of the
Association that such suspension has occurred.
**
14.03 When an employee is required to attend a meeting on
disciplinary matters, the Employer shall notify the employee that the employee
is entitled to have a representative of the Association attend the meeting.
Where practicable, the employee shall receive in writing a minimum of one (1)
working day's notice of such a meeting, as well as its purpose. Where the
presence of a national representative of the Association is requested by the
employee and where the disciplinary meeting is outside of the National Capital
Region, this minimum period shall be increase to two (2) days, where
practicable.
14.04 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document from the file of an
employee the content of which he/she was not aware of at the time of filing or
within a reasonable period thereafter.
14.05 Any document or written statement related to
disciplinary action, which may have been placed on the personnel file of an
employee shall be destroyed after two (2) years have elapsed since the
disciplinary action was taken, provided that no further disciplinary action has
been recorded during this period.
14.06 Where written departmental standards of discipline are
developed or amended, the Employer agrees to supply sufficient information on
the standards of discipline to the Association.
15.01 The Employer shall make reasonable provisions for the
occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Association, and the parties undertake to
consult with a view to adopting and expeditiously carrying out reasonable
procedures and techniques designed or intended to prevent or reduce the risk of
employment injury.
16.01 Upon request of either party, the parties to this
Agreement shall consult meaningfully at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
16.02 Without prejudice to the position the Employer or the
Association may wish to take in future about the desirability of having the
subjects dealt with by the provisions of collective agreements, the subjects
that may be determined as appropriate for joint consultation will be by
agreement of the parties.
16.03 Within five (5) days of notification of consultation
served by either party, the Association shall notify the Employer in writing of
the representatives authorized to act on behalf of the Association for
consultation purposes.
17.01 In cases of alleged misinterpretation or
misapplication arising out of agreements concluded by the National Joint Council
(NJC) of the Public Service on items which may be included in a collective
agreement and which the parties to this Agreement have endorsed, the grievance
procedure will be in accordance with Part 14 of the NJC By-Laws.
**
17.02 Subject to and as provided in Section 208 of the Public
Service Labour Relations Act, an employee who feels that he/she has been
treated unjustly or considers him/herself aggrieved by any action or lack of
action by the Employer in matters other than those arising from the
classification process is entitled to present a grievance in the manner
prescribed in clause 17.05 except that:
(a) where there is another administrative procedure provided by or under any
Act of Parliament to deal with the employee's specific complaint, such procedure
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Agreement or an Arbitral Award, the employee is not entitled to present the
grievance unless the employee has the approval of and is represented by the
Association.
17.03 Except as otherwise provided in this Agreement a
grievance shall be processed by recourse to the following levels:
(a) Level 1 - first level of management;
(b) Levels 2 and 3 - intermediate level(s) where such level or levels are
established in departments or agencies;
(c) Final level - Deputy Head or the Deputy Head's authorized representative.
Whenever there are four levels in the grievance procedure, the grievor may
elect to waive either Level 2 or 3.
17.04 The Employer shall designate a representative at each
level in the grievance procedure and shall inform each employee to whom the
procedure applies of the name or title of the person so designated together with
the name or title and address of the immediate supervisor or local
officer-in-charge to whom a grievance is to be presented. This information shall
be communicated to employees by means of notices posted by the Employer in
places where such notices are most likely to come to the attention of the
employees to whom the grievance procedure applies, or otherwise as determined by
agreement between the Employer and the Association.
17.05 An employee who wishes to present a grievance at a
prescribed level in the grievance procedure, shall transmit this grievance to
his/her immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to
deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the
grievance was received by her.
17.06 Where it is necessary to present a grievance by mail,
the grievance shall be deemed to have been presented on the day on which it is
postmarked and it shall be deemed to have been received by the Employer on the
date it is delivered to the appropriate office of the department or agency
concerned. Similarly the Employer shall be deemed to have delivered a reply at
any level on the date on which the letter containing the reply is postmarked,
but the time limit within which the grievor may present his/her grievance at the
next higher level shall be calculated from the date on which the Employer's
reply was delivered to the address shown on the grievance form.
17.07 A grievance of an employee shall not be deemed to be
invalid by reason only that it is not in accordance with the form supplied by
the Employer.
17.08 An employee may be assisted and/or represented by the
Association when presenting a grievance at any level.
17.09 The Association shall have the right to consult with
the Employer with respect to a grievance at each level of the grievance
procedure. Where consultation is with the deputy head, the deputy head shall
render the decision.
17.10 An employee may present a grievance to the First Level
of the procedure in the manner prescribed in clause 17.05, not later than the
twenty-fifth (25th) day after the date on which he/she is notified
orally or in writing or on which he/she first becomes aware of the action or
circumstances giving rise to grievance.
17.11 The Employer shall normally reply to an employee's
grievance, at any level in the grievance procedure, except the final level,
within ten (10) days after the date the grievance is presented at that level.
Where such decision or settlement is not satisfactory to the employee, he/she
may submit a grievance at the next higher level in the grievance procedure
within ten (10) days after that decision or settlement has been conveyed to
him/her in writing.
17.12 If the Employer does not reply within fifteen (15)
days from the date that a grievance is presented at any level, except the final
level, the employee may, within the next ten (10) days, submit the grievance at
the next higher level of the grievance procedure.
17.13 The Employer shall normally reply to an employee's
grievance at the final level of the grievance procedure within thirty (30) days
after the grievance is presented at that level.
17.14 Where an employee has been represented by the
Association in the presentation of his/her grievance, the Employer will provide
the appropriate representative of the Association with a copy of the Employer's
decision at each level of the grievance procedure at the same time that the
Employer's decision is conveyed to the employee.
17.15 The decision given by the Employer at the Final Level
in the grievance procedure shall be final and binding upon the employee unless
the grievance is a class of grievance that may be referred to adjudication.
17.16 In determining the time within which any action is to
be taken as prescribed in this procedure, Saturdays, Sundays and designated paid
holidays shall be excluded.
17.17 The time limits stipulated in this procedure may be
extended by mutual agreement between the Employer and the employee and, where
appropriate, the Association representative.
17.18 Where it appears that the nature of the grievance is
such that a decision cannot be given below a particular level of authority, any
or all the levels, except the final level, may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Association.
**
17.19 Where the Employer demotes or terminates an employee
for cause pursuant to paragraph 12(l)(c), (d) or (e) of the Financial
Administration Act, the grievance procedure set forth in this Agreement
shall apply except that the grievance shall be presented at the final level
only.
17.20 An employee may abandon a grievance by written notice
to his/her immediate supervisor or officer-in-charge.
17.21 An employee who fails to present a grievance to the
next higher level within the prescribed time limits shall be deemed to have
abandoned the grievance, unless he/she was unable to comply with the prescribed
time limits due to circumstances beyond his/her control.
17.22 No person who is employed in a managerial or
confidential capacity shall seek by intimidation, by threat of dismissal or by
any other kind of threat to cause an employee to abandon his/her grievance or
refrain from exercising his/her right to present a grievance as provided in this
Agreement.
**
17.23 Where an employee has presented a grievance up to and
including the Final Level in the grievance procedure with respect to:
(a) the interpretation or application in respect of his/her of a provision of
this Agreement or a related arbitral award,
or
(b) a disciplinary action resulting in suspension or a financial penalty,
or
(c) a termination of employment or demotion pursuant to paragraph 12(l)(c),
(d) or (e) of the Financial Administration Act,
and his/her grievance has not been dealt with to his/her satisfaction, he/she
may refer the grievance to adjudication in accordance with the provisions of the
Public Service Labour Relations Act and Regulations.
17.24 Where a grievance that may be presented by an employee
to adjudication is a grievance relating to the interpretation or application in
respect of his/her of a provision of this Agreement or an arbitral award, he/she
is not entitled to refer the grievance to adjudication unless the Association
signifies in the prescribed manner:
(a) its approval of the reference of the grievance to adjudication,
and
(b) its willingness to represent the employee in the adjudication
proceedings.
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