**
31.01 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 collective agreement, subject to the Public Service Labour Relations Act
(PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any
Act specified in Section 113(b) of the PSLRA.
**
31.02 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 Labour Relations Board
has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
**
31.03 The directives, policies or regulations, as amended from time to time by National Joint
Council recommendation and which have been approved by the Treasury Board of Canada, form part of this collective
agreement and can be found at the following website address: http://www.njc-cnm.gc.ca/.
31.04 Grievances in regard to the above directives, policies or regulations shall be filed in
accordance with clause 25.01 of the Article on grievance procedure in this Collective Agreement.
**
32.01 When an employee is suspended from duty or terminated in accordance with the Financial
Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension
or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.
32.02 When an employee is required to attend a meeting, the purpose of which is to conduct a
disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee
is entitled to have, at his or her request, a representative of the Union attend the meeting. Where practicable, the
employee shall receive a minimum of one (1) day's notice of such a meeting.
32.03 The Employer shall notify the local representative of the Union as soon as possible that
such suspension or termination has occurred.
32.04 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 the employee was not aware of at the time of
filing or within a reasonable period thereafter.
32.05 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.
33.01 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 National Joint Council Work Force Adjustment agreement concluded by the parties will apply. In all
other cases the following clauses will apply.
33.02 In this Article "Technological Change" means:
(a) the introduction by the Employer of equipment or material of a different nature than that previously
utilized;
and
(b) a change in the Employer's operation directly related to the introduction of that equipment or material.
33.03 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.
33.04 The Employer agrees to provide as much advance notice as is practicable but, except in
cases of emergency, not less than one hundred and eighty (180) calendar days written notice to the Union 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.
33.05 The written notice provided for in clause 33.04 will provide the following information:
(a) the nature and degree of the technological change;
(b) the date or dates on which the Employer proposes to effect the technological change;
(c) the location or locations involved;
(d) the approximate number and type of employees likely to be affected by the technological change;
(e) the effect that the technological change is likely to have on the terms and conditions of employment of the
employees affected.
33.06 As soon as reasonably practicable after notice is given under clause 33.04, the Employer
shall consult meaningfully with the Union concerning the rationale for the change and the topics referred to in
paragraph 33.05 on each group of employees, including training.
33.07 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 the employee's 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.
34.01
(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an
opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read.
A copy of the assessment form will be provided to the employee at that time. An employee's signature on his or her
assessment form will be considered to be an indication only that its contents have been read and shall not indicate
the employee's concurrence with the statements contained on the form.
(b) The Employer's representative(s) who assess an employee's performance must have observed or been aware of the
employee's performance for at least one-half (1/2) of the period for which the employee's performance is
evaluated.
(c) An employee has the right to make written comments to be attached to the performance review form.
34.02
(a) Prior to an employee performance review the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person conducting the review;
(b) if during the employee performance review, either the form or instructions are changed they shall be given to
the employee.
34.03 Upon written request of an employee, the personnel file of that employee shall be made
available once (1) per year for his or her examination in the presence of an authorized representative of the
Employer.
35.01 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.
**
36.01 The duration of this Collective Agreement shall be from October 1, 2005 to September 30,
2007.
36.02 Unless as otherwise expressly stipulated, this Agreement shall become effective on the date
it is signed.
37.01 This agreement may be amended by mutual consent.
SIGNED AT OTTAWA, this 4th day of the month of October, 2006.
| THE TREASURY BOARD OF CANADA |
|
THE COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA - LOCAL
588G |
PAY INCREMENTS
1. The pay increment period for a full-time and a part-time employee is twelve (12) months.
2. The pay increment date for an employee appointed after September 1, 1988 to a position in the bargaining unit
upon promotion, demotion or from outside the Public Service shall be the anniversary of such appointment, that is
twelve (12) months from the date of appointment.
|
