1.01 The purpose of this Agreement is to maintain harmonious and mutually
beneficial relationships between the Employer, the Alliance and the employees
and to set forth herein certain terms and conditions of employment upon which
agreement has been reached through collective bargaining.
1.02 The parties to this Agreement share a desire to improve the quality
of the Public Service of Canada and to promote the well-being and increased
efficiency of its employees to the end that the people of Canada will be well
and efficiently served. Accordingly, they are determined to establish, within
the framework provided by law, an effective working relationship at all levels
of the Public Service in which members of the bargaining units are employed.
Exceptions
Refer to the appropriate Appendix for group specific alternate or additional
interpretations or definitions.
2.01 For the purpose of this Agreement:
(a) "Alliance" means the Public Service Alliance of Canada
(Alliance);
(b) "allowance" means compensation payable for the
performance of special or additional duties; (indemnité);
(c) "alternate provision" means a provision of this
Agreement that has application to certain specific employees (disposition de
dérogation);
(d) "bargaining unit" means the employees of the Employer in
the group described in Article 9 (unité de négociation);
**
(e) "common-law partner" means a person living in a conjugal
relationship with an employee for a continuous period of at least one (1) year (conjoint de fait);
Definition (f) does not apply to the LI Group
**
(f) "compensatory leave" means leave with pay in lieu of
cash payment for overtime, for time worked on a designated paid holiday, travelling time compensated at overtime
rate, call back pay, reporting pay, and standby pay. The duration of such leave will be
equal to the time compensated or the minimum time entitlement, multiplied by the
applicable overtime rate. The rate of pay to which an employee is entitled
during such leave shall be based on the employee's hourly rate of pay as
calculated from the classification prescribed in the employee's certificate of
appointment on the day immediately prior to the day on which leave is taken
(congé compensateur);
(g) "continuous employment" has the same meaning as
specified in the existing Public Service Terms and Conditions of Employment
Regulations of the Employer on the date of signing of this Agreement (emploi
continu);
(h) "day of rest" in relation to a full-time employee means
a day other than a holiday on which that employee is not ordinarily required to
perform the duties of his or her position other than by reason of the employee
being on leave or absent from duty without permission (jour de repos);
(i) "double time" means two (2) times the employee's hourly
rate of pay (tarif double);
(j) "employee" means a person so defined in the Public
Service Staff Relations Act and who is a member of the bargaining unit
specified in Article 9 (employé-e);
(k) "Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorised to
exercise the authority of the Treasury Board (Employeur);
(l) "excluded provision" means a provision of this Agreement
which has no application to certain specific employees and for which there are
no alternate provisions (disposition exclue);
Definition (m) does not apply to LI Group
(m) "holiday" means (jour férié),
(i) the twenty-four (24)-hour period commencing at 00:01 hours of a
day designated as a paid holiday in this Agreement;
(ii) however, for the purpose of administration of a shift that does
not commence and end on the same day, such shift shall be deemed to have
been entirely worked:
(A) on the day it commenced where half (1/2) or more of the
hours worked fall on that day,
or
(B) on the day it terminates where more than half (1/2) of the
hours worked fall on that day;
(n) "lay-off" means the termination of an employee's
employment because of lack of work or because of the discontinuance of a
function (mise en disponibilité);
(o) "leave" means authorised absence from duty by an
employee during his or her regular or normal hours of work (congé);
(p) "membership dues" means the dues established pursuant to
the constitution of the Alliance as the dues payable by its members as a
consequence of their membership in the Alliance, and shall not include any
initiation fee, insurance premium, or special levy (cotisations syndicales);
(q) "overtime" means (heures supplémentaires):
(i) in the case of a full-time employee, authorised work in excess of
the employee's scheduled hours of work;
or
(ii) in the case of a part-time employee, authorised work in excess
of the normal daily or weekly hours of work of a full-time employee
specified by the relevant Group Specific Appendix but does not include
time worked on a holiday;
**
(r) "spouse" will, when required, be interpreted to include
"common-law partner" except, for the purposes of the Foreign Service
Directives, the definition of "spouse" will remain as specified in
Directive 2 of the Foreign Service Directive (époux);
(s) "straight-time rate" means the employee's hourly rate of
pay (tarif normal);
(t) "time and one-half" means one and one-half (1 1/2) times
the employee's hourly rate of pay (tarif et demi);
(u) "time and three-quarters" means one and three-quarters
(1 3/4) times the employee's hourly rate of pay (tarif et trois quarts).
2.02 Except as otherwise provided in this Agreement, expressions used in
this Agreement:
(a) if defined in the Public Service Staff Relations Act, have the
same meaning as given to them in the Public Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public
Service Staff Relations Act, have the same meaning as given to them in the Interpretation
Act.
3.01 The provisions of this Agreement apply to the Alliance, employees
and the Employer.
3.02 Both the English and French texts of this Agreement shall be
official.
4.01 Nothing in this Agreement shall be construed to require the Employer
to do or refrain from doing anything contrary to any instruction, direction or
regulations given or made by or on behalf of the Government of Canada in the
interest of the safety or security of Canada or any state allied or associated
with Canada.
5.01 In the event that any law passed by Parliament, applying to Public
Service employees covered by this Agreement, renders null and void any provision
of this Agreement, the remaining provisions of the Agreement shall remain in
effect for the term of the Agreement.
6.01 Except to the extent provided herein, this Agreement in no way
restricts the authority of those charged with managerial responsibilities in the
Public Service.
7.01 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 II of the
PSSRA.
7.02 The 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 Chairperson 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.
7.03
(a) The following directives, 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 Agreement:
Bilingualism Bonus Directive
Commuting Assistance Directive
Foreign Service Directives
Health / Safety
Boiler and Pressure Vessels Directive
Committees and Representatives Directive
Hazardous Substances Directive
Electrical Directive
Elevated Work Structures Directive
Elevating Devices Directive
First-Aid Allowance Directive
First-Aid Safety and Health Directive
Hazardous Confined Spaces Directive
Materials Handling Safety Directive
Motor Vehicle Operations Directive
Noise Control and Hearing Conservation Directive
Personal Protective Equipment and Clothing Directive
Pesticides Directive
Refusal to Work Directive
Sanitation Directive
Tools and Machinery Directive
Use and Occupancy of Buildings Directive
Isolated Posts and Government Housing Directive
Memorandum of Understanding on the Definition of Spouse
NJC Relocation - IRP Directive
Public Service Health Care Plan Directive
Travel Directive
Uniforms Directive.
(b) During the term of this Agreement, other directives may be added to the
above noted list.
7.04 Grievances in regard to the above directives shall be filed in
accordance with clause 18.01 of the Article on grievance procedure in this
Agreement.
8.01 The Dental Care plan as contained in the Master Agreement between
the Treasury Board and the Public Service Alliance of Canada, with an expiry
date of June 30, 1988, and as subsequently amended from time to time, shall be
deemed to form part of this Agreement.
9.01 The Employer recognizes the Alliance as the exclusive bargaining
agent for all employees of the Employer described in the certificate issued by
the Public Service Staff Relations Board on June 16, 1999 covering employees of
the Operational Services Group.
10.01 The Employer agrees to supply the Alliance each quarter with the
name, geographic location and classification of each new employee.
10.02 The Employer agrees to supply each employee with a copy of this
Agreement and will endeavour to do so within one (1) month after receipt from
the printer.
11.01 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 in the bargaining unit. 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.
11.02 The Alliance shall inform the Employer in writing of the authorized
monthly deduction to be checked off for each employee.
11.03 For the purpose of applying clause 11.01, 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.
11.04 An employee who satisfies the Employer to the extent that he or she
declares in an affidavit that he or she is a member of a religious organization
whose doctrine prevents him or her as a matter of conscience from making
financial contributions to an employee organization and that he or 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 the employee is countersigned by an official
representative of the religious organization involved.
11.05 No employee organization, as defined in Section 2 of the Public
Service Staff Relations Act, other than the Alliance, shall be permitted to
have membership dues or other monies deducted by the Employer from the pay of
employees in the bargaining unit.
11.06 The amounts deducted in accordance with clause 11.01 shall be
remitted to the Comptroller of the Alliance 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.
11.07 The Employer agrees to continue the past practice of making
deductions for other purposes on the basis of the production of appropriate
documentation.
11.08 The Alliance 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.
12.01 Reasonable space on bulletin boards in convenient locations will be
made available to the Alliance for the posting of official Alliance notices. The
Alliance 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 related to the
business affairs of the Alliance, including the names of Alliance
representatives, and social and recreational events. Such approval shall not be
unreasonably withheld.
12.02 The Employer will also continue its present practice of making
available to the Alliance specific locations on its premises, and where it is
practical to do so on vessels, for the placement of reasonable quantities of
literature of the Alliance.
12.03 A duly accredited representative of the Alliance may be permitted
access to the Employer's premises, which includes vessels, 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. In the case of access to vessels, the Alliance representative
upon boarding any vessel must report to the Master, state his or her business
and request permission to conduct such business. It is agreed that these visits
will not interfere with the sailing and normal operation of the vessels.
12.04 The Alliance shall provide the Employer a list of such Alliance
representatives and shall advise promptly of any change made to the list.
13.01 The Employer acknowledges the right of the Alliance to appoint or
otherwise select employees as representatives.
13.02 The Alliance and the Employer shall endeavour 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.
13.03 The Alliance shall notify the Employer in writing of the name and
jurisdiction of its representatives identified pursuant to clause 13.02.
13.04
(a) A representative shall obtain the permission of his or her immediate
supervisor before leaving his or her 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 or her supervisor before resuming his or her normal duties.
(b) Where practicable, when management requests the presence of an Alliance
representative at a meeting, such request will be communicated to the employee's
supervisor.
(c) An employee shall not suffer any loss of pay when permitted to leave his
or her work under paragraph (a).
13.05 The Alliance 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.
Complaints made to the
Public Service Staff Relations Board Pursuant to Section 23 of the Public
Service Staff Relations Act
14.01 When operational requirements permit, the Employer will grant leave
with pay:
(a) to an employee who makes a complaint on his or 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 Alliance making a complaint.
Applications for
Certification, Representations and Interventions with respect to Applications
for Certification
14.02 When operational requirements permit, the Employer will grant leave
without pay:
(a) to an employee who represents the Alliance in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
14.03 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 Alliance.
Arbitration Board
Hearings, Conciliation Board Hearings and Alternate Dispute Resolution
Process
14.04 When operational requirements permit, the Employer will grant leave
with pay to a reasonable number of employees representing the Alliance before an
Arbitration Board, Conciliation Board or in an Alternate Dispute Resolution
Process.
14.05 The Employer will grant leave with pay to an employee called as a
witness by an Arbitration Board, Conciliation Board or in an Alternate Dispute
Resolution Process and, when operational requirements permit, leave with pay to
an employee called as a witness by the Alliance.
Adjudication
14.06 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
14.07 Where an employee representative wishes to discuss a grievance with
an employee who has asked or is obliged to be represented by the Alliance in
relation to the presentation of his or her grievance, the Employer will, where
operational requirements permit, give them 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.
14.08 Subject to operational requirements:
(a) when the Employer originates a meeting with a grievor in his headquarters
area, he or she will be granted leave with pay and "on duty" status
when the meeting is held outside the grievor's headquarters area,
and
(b) when a grievor seeks to meet with the Employer, he or she will be granted
leave with pay when the meeting is held in his or her headquarters area and
leave without pay when the meeting is held outside his or her headquarters area,
and
(c) when an employee representative attends a meeting referred to in this
clause, he or she will be granted leave with pay when the meeting is held in his
or her headquarters area and leave without pay when the meeting is held outside
his or her headquarters area.
Contract Negotiation
Meetings
14.09 When operational requirements permit, the Employer will grant leave
without pay to an employee for the purpose of attending contract negotiation
meetings on behalf of the Alliance.
Preparatory Contract
Negotiation Meetings
14.10 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
Alliance and Management Not Otherwise Specified in this Article
14.11 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 Alliance.
14.12 Subject to operational requirements, the Employer shall grant leave
without pay to a reasonable number of employees to attend meetings of the Board
of Directors of the Alliance, meetings of the National Executive of the
Components, Executive Board meetings of the Alliance, and conventions of the
Alliance, the Components, the Canadian Labour Congress and the Territorial and
Provincial Federations of Labour.
Representatives'
Training Courses
14.13 When operational requirements permit, the Employer will grant leave
without pay to employees who exercise the authority of a representative on
behalf of the Alliance to undertake training related to the duties of a
representative.
**
Leave without Pay for Election to an Alliance Office
14.14 The Employer will grant leave without pay to an employee who is
elected as a full-time official of the Alliance within one month after notice is
given to the Employer of such election. The duration of such leave shall be for
the period the employee holds such office.
15.01 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.
16.01 The Public Service Staff 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
paragraph 11(2)(f) of the Financial Administration Act, for participation
in an illegal strike as defined in the Public Service Staff Relations Act.
17.01 When an employee is suspended from duty or terminated in accordance
with paragraph 11(2)(f) of 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.
17.02 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 Alliance attend the meeting.
Where practicable, the employee shall receive a minimum of one (1) day's notice
of such a meeting.
17.03 The Employer shall notify the local representative of the Alliance
as soon as possible that such suspension or termination has occurred.
17.04 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.
17.05 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.
18.01 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 14 of the NJC By-Laws.
18.02 Subject to and as provided in Section 91 of the Public Service
Staff Relations Act, an employee who feels that he or she has been treated
unjustly or considers himself or 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 18.05 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 he or she has the approval of and is represented by the
Alliance.
18.03 Except as otherwise provided in this Agreement, a grievance shall
be processed by recourse to the following levels:
(a) level 1 - first (1st) 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 Deputy Head's authorized representative.
Whenever there are four (4) levels in the grievance procedure, the grievor
may elect to waive either Level 2 or 3.
18.04 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 Alliance.
18.05 An employee who wishes to present a grievance at a prescribed level
in the grievance procedure shall transmit this grievance to his or 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 him or her.
18.06 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 or 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.
18.07 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.
18.08 An employee may be assisted and/or represented by the Alliance when
presenting a grievance at any level.
18.09 The Alliance 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.
18.10 An employee may present a grievance to the First (1st)
Level of the procedure in the manner prescribed in clause 18.05 not later than
the twenty-fifth (25th) day after the date on which he or she is
notified orally or in writing or on which he or she first becomes aware of the
action or circumstances giving rise to the grievance.
18.11 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 or 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 or her in
writing.
18.12 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.
18.13 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.
18.14 Where an employee has been represented by the Alliance in the
presentation of his or her grievance, the Employer will provide the appropriate
representative of the Alliance 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.
18.15 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.
18.16 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.
18.17 The time limits stipulated in this procedure may be extended by
mutual agreement between the Employer and the employee and, where appropriate,
the Alliance representative.
18.18 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 Alliance.
18.19 Where the Employer demotes or terminates an employee for cause
pursuant to paragraph 11(2)(f) or (g) 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.
18.20 An employee may abandon a grievance by written notice to his or her
immediate supervisor or officer-in-charge.
18.21 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 the employee was unable to comply with the prescribed time
limits due to circumstances beyond his or her control.
18.22 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 or her grievance or refrain from
exercising his or her right to present a grievance as provided in this
Agreement.
18.23 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 or her of a provision
of this Agreement or a related arbitral award,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or
(g) of the Financial Administration Act,
and the employee's grievance has not been dealt with to his or her
satisfaction, he or she may refer the grievance to adjudication in accordance
with the provisions of the Public Service Staff Relations Act and
Regulations.
18.24 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 or her of a provision of this Agreement or an arbitral award, the
employee is not entitled to refer the grievance to adjudication unless the
Alliance 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.
Expedited Adjudication
18.25 The parties agree that any adjudicable grievance may be referred to
the following expedited adjudication process:
(a) At the request of either party, a grievance that has been referred to
adjudication may be dealt with through Expedited Adjudication with the consent
of both parties.
(b) When the parties agree that a particular grievance will proceed through
Expedited Adjudication, the Alliance will submit to the PSSRB the consent form
signed by the grievor or the bargaining agent.
(c) The parties may proceed with or without an Agreed Statement of Facts.
When the parties arrive at an Agreed Statement of Facts it will be submitted to
the PSSRB or to the Adjudicator at the hearing.
(d) No witnesses will testify.
(e) The Adjudicator will be appointed by the PSSRB from among its members who
have had at least three (3) years experience as a member of the Board.
(f) Each Expedited Adjudication session will take place in Ottawa, unless the
parties and the PSSRB agree otherwise. The cases will be scheduled jointly by
the parties and the PSSRB, and will appear on the PSSRB schedule.
(g) The Adjudicator will make an oral determination at the hearing, which
will be recorded and initialled by the representatives of the parties. This will
be confirmed in a written determination to be issued by the Adjudicator within
five (5) days of the hearing. The parties may, at the request of the
Adjudicator, vary the above conditions in a particular case.
(h) The Adjudicator's determination will be final and binding on all the
parties, but will not constitute a precedent. The parties agree not to refer the
determination to the Federal Court.
**
19.01 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 or ethnic origin, religious affiliation, sex, sexual orientation,
family status, mental or physical disability, membership or activity in the
Alliance, marital status or a conviction for which a pardon has been granted.
19.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
19.03 By mutual agreement, the parties may use a mediator in an attempt
to settle a grievance dealing with discrimination. The selection of the mediator
will be by mutual agreement.
**
19.04 Upon request by the complainant(s) and/or respondent(s) an official
copy of the investigation report shall be provided to them by the Employer
subject to the Access to Information and Privacy Act.
20.01 The Alliance and the Employer recognize the right of employees to
work in an environment free from sexual harassment and agree that sexual
harassment will not be tolerated in the work place.
20.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
20.03 By mutual agreement, the parties may use a mediator in an attempt
to settle a grievance dealing with sexual harassment. The selection of the
mediator will be by mutual agreement.
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20.04 Upon request by the complainant(s) and/or respondent(s) an official
copy of the investigation report shall be provided to them by the Employer
subject to the Access to Information and Privacy Act.
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