24.01 The Employer agrees to give the Union forty-five (45) days' notice in writing of its intent
to place in operation new printing equipment of a type not used by the Employer at the date of signing of this
Agreement, and to establish new classifications, if required for the positions required to operate or maintain the
equipment in question, provided such maintenance work falls within the Union's jurisdiction. During such forty-five
(45)-day period, the Employer will meet with the Union for the purpose of negotiating wage rates for the new
classification.
24.02 In the event that agreement cannot be reached within sixty (60) days from the date on which
notice is given, as specified in clause 24.01, the matter shall be submitted to an arbitrator agreed by the parties,
who will render a final decision, binding on both parties.
24.03 The arbitrator's fees and his travelling expenses shall be shared equally by the Union and
the Employer.
24.04 The wage rates, whenever finally determined, shall be retroactive to the date of the
beginning of operation of the new machine.
**
25.01 In cases of alleged misinterpretation or if 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 15 of the NJC By-Laws.
25.02 The purpose of this procedure is to provide an orderly and effective process for the
consideration and resolution of the grievances of employees within the bargaining unit. Both parties recognize that
in ordinary circumstances an employee should discuss his complaint with his supervisor and give him an opportunity to
adjust the employee's complaint before a grievance is presented.
25.03 In this procedure:
(a) "grievance" means a complaint in writing presented by an employee on his own behalf or on behalf of himself
and one or more other employees;
(b) all "days" referred to in this procedure are calendar days, excluding Saturdays, Sundays and Holidays.
**
25.04 Subject to and as laid down in Section 208 of the Public Service Labour Relations
Act, an employee who feels that he has been treated unjustly or considers himself aggrieved by an action or lack
of action by the Employer is entitled to present a grievance, other than a grievance arising out of the
classification process, in the manner prescribed except that:
(a) where there is another administrative procedure provided by law 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 the Union.
25.05 An employee shall present his grievance at the first (1st) stage of the
grievance procedure not later than the twenty-fifth (25th) day after the date on which he was notified
orally or in writing, or otherwise became aware of the action or circumstance giving rise to the grievance.
25.06 Within ten (10) days after receipt of such presentation, the Employer at the first
(1st) stage shall reply in writing to the employee's grievance and, if applicable, forward copies of the
reply to the Union.
25.07 If the decision of the Employer at Stage 1 is not acceptable to the employee, the employee
may, not later than the tenth (10th) day after receipt of the reply at Stage 1, present his grievance for
consideration by the Employer at Stage 2.
25.08 Within ten (10) days after receipt of the employee's grievance, the Employer at Stage 2
shall deliver to the employee and, if applicable, to the Union, a written reply to the grievance.
25.09 If the decision of the Employer at Stage 2 is not acceptable to the employee, the employee
may, not later than the tenth (10th) day after receipt of the reply at Stage 2, present his grievance for
consideration by the Employer at Stage 3, where such a step exists.
25.10 Within fifteen (15) days after receipt of the employee's grievance, the Employer at Stage 3
shall deliver to the employee and, if applicable, to the Union, a written reply to the grievance.
25.11 If the decision of the Employer at Stage 3 is not acceptable to the employee, the employee
may, not later than the tenth (10th) day after receipt of the reply at Stage 3, present his grievance for
consideration by the Employer at Stage 4, where such a step exists.
25.12 Within fifteen (15) days after receipt of the employee's grievance, the Employer at the
fourth and final stage shall deliver to the employee and, if applicable, to the Union, a written reply to the
grievance.
25.13 Where the Employer at any stage fails to reply to the employee's grievance within the
prescribed time limits, the employee may present his grievance to the next stage not later than the fifteenth
(15th) day after the last day on which the Employer was required to reply to his grievance at the last
preceding stage of the grievance procedure.
25.14 Where an employee has presented a grievance up to and including the final stage in the
grievance process with respect to:
(a) the interpretation or application in respect of him of a provision of a collective agreement or 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.
25.15 The time limits stipulated in this procedure may be extended by mutual agreement of the
parties involved in the grievance.
25.16 Where the Employer discharges an employee, the grievance procedure set forth in this
Article shall apply, except that the decision on the grievance shall be made by the Employer at the final stage only.
The written reply to the grievance shall be delivered to the employee and, if applicable, to the Union, within thirty
(30) days.
25.17 Where an employee fails to present a grievance to the next higher stage in the grievance
procedure within the established time limits, he shall be deemed to have abandoned the grievance.
25.18 An employee may, by written notice to the Employer at the appropriate stage in the
grievance procedure, abandon a grievance at any time during the grievance process, but no person who is employed in a
managerial or confidential capacity shall seek to intimidate by threat of discharge, or by any other kind of threat
cause an employee to refrain from exercising his right to present a grievance.
25.19
(a) Where an employee can establish that a grievance has been presented, and the Employer has not received same,
the grievance may be re-submitted to the appropriate stage. Such presentation shall have the same force and effect as
the first (1st) grievance submitted.
(b) A second (2nd) grievance shall not be presented more than thirty (30) days after the day on which
the first (1st) grievance was presented.
25.20 The Employer acknowledges the employee's right to representation by the Union in the
presentation of his grievance at any stage in the grievance procedure, including the complaint stage referred to in
clause 25.02.
26.01 A Joint Committee composed of representatives of the Employer and the Union shall be
established for the purpose of providing joint consultation on matters of common interest.
26.02 Without prejudice to the position the Employer or the Union may wish to take in the future
about the desirability of having the subjects dealt with by the provisions of collective agreements, the following
subjects, as they affect employees covered by this Agreement, shall be regarded as appropriate subjects for
consultation in the Joint Committee:
(a) Measures to deal with the effect on employees of technological change,
(b) Manning of equipment,
(c) Apprenticeship.
26.03 Consultation may take place for the purpose of providing information, discussing the
application of policy, or examining problems with a view to identifying possible solutions. During consultation,
commitments may be made by the representatives of the Employer or of the Union, as the case may be, on any matter
referred to consultation on which they have authority to act. No such commitment can be made with respect to any
matter in the absence of such authority, and no commitment can be made which would have the effect of altering,
amending, or adding to or modifying the terms of this Agreement.
26.04 The Joint Committee may, by mutual agreement, appoint sub-committees for one or more
purposes.
27.01 Safety
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 Union 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.
27.02 Contracting Out
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.
27.03 Collective Agreement
The Employer agrees to supply each employee with a copy of the Collective Agreement and will endeavour to do so
within one (1) month after receipt from the printers.
27.04 Nothing in this Agreement shall be construed as guaranteeing an employee minimum or maximum
hours of work.
27.05 Information
The Employer agrees to supply the Union 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 (1) 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.
**
28.01 Should either party, at the expiration of this agreement, desire amendments or alterations
therein for its renewal, a written notice to that effect shall be served upon the other party within the four (4)
months before it ceases to be in force, in accordance with the provisions of section 105(2)(b) of the Public
Service Labour Relations Act.
Definition
**
29.01 Part-time employee means a person whose regular scheduled hours of work on an average are
less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the Public
Service Labour Relations Act.
General
29.02 Part-time employees shall be entitled to the benefits provided under the Agreement in the
same proportion as their normal weekly hours of work compare with the regular weekly hours of work of full-time
employees unless otherwise specified in this Agreement.
29.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed
up to seven and one-half (7 1/2) hours in a day, or thirty-seven and one-half (37 1/2) hours in a week.
29.04 The days of rest provisions of this agreement apply only in a week when a part-time
employee has worked five (5) days and thirty-seven and one-half (37 1/2) hours in a week at the straight-time
rate.
29.05 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 the Agreement.
Designated Holidays
29.06 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.
29.07 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 10.01, the employee shall be paid at double (2) time for all hours
worked.
29.08 Overtime
(a) Overtime means authorized work performed in excess of seven decimal five (7.5) hours per day or thirty-seven
decimal five (37.5) hours per week, but does not include time worked on a holiday.
(b) Notwithstanding (a) for employees whose normal scheduled hours of work are in excess of seven decimal five
(7.5) hours per day overtime means authorized work performed in excess of those normal scheduled daily hours or an
average of thirty-seven decimal five (37.5) hours per week.
29.09 Subject to 29.08, a part-time employee who is required to work overtime shall be paid
overtime as specified by this Agreement.
**
Bereavement Leave
29.10 Notwithstanding clause 29.02, there shall be no prorating of a "day" in clause 13.01,
Bereavement Leave.
**
Vacation Leave With Pay
29.11 A part-time employee shall earn vacation leave credits for each month in which the employee
receives pay for at least twice (2) the number of hours in the employee's normal workweek, at the rate for years of
service as specified in clause 29.01 established in the vacation leave entitlement clause specified by this
Agreement, prorated and calculated as follows:
(a) when the entitlement is nine decimal three seven five (9.375) hours a month, .250 multiplied by the number of
hours in the employee's workweek per month;
(b) when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of hours in
the employee's workweek per month;
(c) when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of
hours in the employee's workweek per month;
(d) when the entitlement is fourteen decimal four (14.4) hours 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 a month, .417 multiplied by the number of
hours in the employee's workweek per month;
(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 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 a month, .500 multiplied by the number of
hours in the employee's workweek per month;
Sick Leave
29.12 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 (2) the number of hours in the employee's normal workweek.
29.13 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 29.11 and 29.12, 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
29.14 Notwithstanding the provisions of Article 15, Severance Pay, 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.
30.01 It is recognized that certain full-time indeterminate employees whose hours of work are
regularly scheduled on a night shift basis in accordance with Article 21 (hereinafter referred to as a night shift
work employee) are required to attend certain proceedings, under this collective agreement as identified in clause
30.01(a) and certain other proceedings identified in clause 30.01(b) which normally take place between the hours of
9:00 to 17:00 from Mondays to Fridays inclusive.
When a night shift work employee who 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 his scheduled
shift on that day do not fall between the hours of 9:00 to 17:00, upon written application by the employee, the
Employer shall endeavour, where possible, to change the shift work employee's shift on the day of the proceeding so
that the majority of the hours fall between 9:00 to 17:00 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) Personnel Selection Process Clause 13.13(a).
(b) Certain Other Proceedings
(i) Training Courses which the employee is required to attend by the Employer.
(ii) To write Provincial Certification Examinations which are a requirement for the continuation of the
performance of the duties of the employee's position.
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