Other Related Documents

Education and Library Science (EB) 

List of Changes to the Agreement Between the Treasury Board and The Public Service Alliance of Canada

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01

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"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);

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"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 Directives (époux);

ARTICLE 16
NO DISCRIMINATION

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16.01 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.

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16.04 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.

ARTICLE 17
SEXUAL HARASSMENT

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17.04 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.

ARTICLE 18
LEAVE GENERAL

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18.01

(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to seven and one-half (7 1/2) hours.

(b) Earned leave credits or other leave entitlements shall be equal to seven and one-half (71/2) hours per day.

(c) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.

(d) Notwithstanding the above, in clause 22.02, "Bereavement Leave with Pay," a "day" will mean a calendar day.

ARTICLE 19
SICK LEAVE WITH PAY

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19.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 19.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

ARTICLE 20
VACATION LEAVE WITH PAY

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20.15 Appointment from a Separate Employer

The Employer agrees to accept the unused vacation leave credits up to a maximum of two hundred and sixty two decimal five (262.5) hours of an employee who resigns from an organization listed in Part II of Schedule I of the Public Service Staff Relations Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

20.16 Summer Leave for ED-LAT Sub-group of ED (12 month work year)

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Exclusion

Employees in the ED-EST sub-group and EU group who work a ten (10) month work year are excluded from the provisions of paragraph 20.17.

20.17

(a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1^st) day of the month following the employee's second (2^nd) anniversary of service, as defined in clause 20.03.

(b) Transitional Provision

Effective on March 14, 2005, employees with more than two (2) years of service, as defined in clause 20.03, shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.

(c) The vacation leave credits provided in clauses 20.17(a) and (b) above shall be excluded from the application of paragraph 20.08 dealing with the Carry-over and/or Liquidation of Vacation Leave.

ARTICLE 22
OTHER LEAVE WITH OR WITHOUT PAY

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22.01 Volunteer Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;

The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

22.04 Maternity Allowance

(a)

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22.06 Parental Leave Without Pay

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(c) Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to with the paragraphs (a) and (b) above may be taken in two periods.

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(d) Notwithstanding paragraphs (a) and (b):

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee's care.

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(e) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of the commencement date of such leave.

22.07 Parental Allowance

(a)

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(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

22.13 Leave with Pay for Family-Related Responsibilities

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(c) Subject to paragraph (b), the Employer shall grant leave with pay under the following circumstances:

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(d) Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under sub-paragraph (c)(ii) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

22.17 Leave With or Without Pay for Other Reasons

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(b) Personal Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

ARTICLE 23
EDUCATION LEAVE WITHOUT PAY AND
CAREER DEVELOPMENT LEAVE

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23.19 Departmental Continuous Learning Consultation Committee

(a) The parties to this Collective Agreement acknowledge the mutual benefits to be derived from consultation on Continuous Learning. 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 Continuous Learning 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 employees 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.

ARTICLE 25
PENOLOGICAL FACTOR ALLOWANCE

General

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25.02 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group.

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25.03 The payment of the allowance for the Penological Factor is determined by the designated security level of the penitentiary as determined by the Correctional Service of Canada. For those institutions with more than one (1) designated security level (i.e. multi-level institutions), the PFA shall be determined by the highest security level of the institution.

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Amount of PFA

25.04

ARTICLE 26
PAY ADMINISTRATION

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26.03

(a) The rates of pay set forth in Appendix "A" shall become effective on the dates specified.

(b) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this Agreement, the following shall apply:

ARTICLE 36
NATIONAL JOINT COUNCIL AGREEMENTS

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36.03

(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

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.

ARTICLE 40
DENTAL CARE PLAN

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40.01 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.

ARTICLE 45
WORK YEAR AND HOURS OF WORK FOR THE
ED-EST SUB-GROUP AND EU GROUP

Indian and Northern Affairs Canada

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45.01 Employees Who Work a Ten (10)-Month Work Year

(a) "School year" applicable to an employee of the Department of Indian and Northern Affairs Canada, means the period extending from September 1 to August 31 of the following year. The number of working days in the school year shall not exceed those designated by the province, territory or provincial school unit within which geographical area the employee is working. Working days will include teaching days and professional development days.

(b) Employees of the Department of Indian and Northern Affairs Canada who work a ten (10)-month work year and who wish to leave the service before the beginning of the next school year will make every effort to submit their resignation no later than the 30^th of April and shall provide one (1) month's notice of resignation to the Employer if they wish to leave the service during the school year.

Paragraph (c) applies only to ED-EST Sub-group

(c) A teacher at the Department of Indian and Northern Affairs Canada shall have, as a minimum, an average of thirty-five (35) minutes per day uninterrupted preparation time during classroom hours. Each unit of preparation time shall be no less than twenty (20) minutes. Preparation time shall not include any teaching or supervisory responsibilities and shall not have an impact on the daily number of instructional minutes.

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45.02 Except as provided in clause 45.04, the working day of an employee working a school year shall be the same as that designated by the province, territory or school unit in which the employee is working. The employee shall be entitled to the same designated holidays, Christmas break, Easter or mid-winter break, and summer break, as observed by school boards of the province or territory in which he or she works.

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45.03 The commencement and termination of the school day of an employee covered by clause 45.01 shall be in accordance with the practice prevailing in non-federal schools of the province or territory in which the school is located with the additional provision that employees shall be required to be on duty fifteen (15) minutes before the time of opening of school in the morning.

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45.04 When an agreement in writing is reached between the Employer and the majority of the employees in a school, the schedule of working days and the duration of a working day may vary from those established in clauses 45.01, 45.02 and 45.03 provided that the total number of working days do not exceed those established in clause 45.01.

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45.05 When an employee works (or attends orientation seminars at the request of the Employer) on a day other than a day provided for in clauses 45.01 or 45.04, he or she shall be provided compensation on a day-for-day basis. This payment shall be calculated in accordance with clause 2.01 ("daily rate of pay") as will any deduction from pay as a result of an employee being on leave without pay.

45.06

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Paragraph (b) applies only to EU Group

(b) Where teacher aides are required to provide lunch-hour supervision, such teacher aides shall be granted an equivalent period of time for their lunch period as close as possible to the mid-point of the school day.

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45.07 Except as provided for in this agreement, an employee working a school year, as defined in clause 45.01 will not be entitled to leave with pay during periods in which he or she is not scheduled to work.

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Clauses 45.14 to 45.19 apply only to the Employees of the EU Group Who Work a Twelve (12)-Month Work Year

45.14 Employees shall be on a twelve (12) month work year.

45.15 The normal work week for employees shall be from Monday to Friday.

45.16 The normal daily hours of work of employees, exclusive of meal breaks, shall be seven and one-half (7 1/2) hours and shall be scheduled in a continuous period, as operational needs require.

45.17 The Employer may authorize that certain tasks be performed away from the Employer's premises.

45.18 This clause applies only to Physical Education Instructors.

(a) The normal daily hours of work shall be scheduled between 7:00 hours and 17:00 hours, Monday to Friday.

(b) No employee of Correctional Service Canada shall be assigned work hours other than between these hours and on these days, except by the written consent of the employee concerned.

45.19 The Employer will:

(a) notify the Alliance at the appropriate level, at least fourteen (14) calendar days before introduction of any change in the schedule of working hours if such change will affect a majority of the employees in any teaching unit;

(b) give reasonable notice of the change to those employees whose hours of work are affected by the change.

It is recognized that emergency situations may require the Employer to introduce changes in scheduled hours of work on short notice.

ARTICLE 46
WORK YEAR AND HOURS OF WORK FOR THE ED-LAT
SUB-GROUP

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46.10

(a) Hours of teaching must be in accordance with the November 30, 1989 Award of the Special Arbitration Panel chaired by M. Teplitsky.

(b) Notwithstanding the Employer's right to decide on course content and methods of delivery, hours of teaching shall include time spent in remote and/or direct contact with student(s). Remote contact includes but is not limited to the use of the internet, telephone, or other electronic means of communication.

ARTICLE 47
PEDAGOGICAL BREAK

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This article applies to employees in the Elementary and Secondary Teaching (ED-EST) sub-group employed at Correctional Service Canada who work for a period of twelve (12) months, to employees in the Language Teaching ED-LAT sub-group, to employees in the Language Instructor and Physical Education sub-groups of the Educational Support (EU) group, and to employees in the Education Services ED-EDS sub-group employed at National Defence Canada who regularly teach.

ARTICLE 50
ALLOWANCES

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Paragraph 50.01 and 50.02 applies only to ED-EST employees whose work year is twelve (12) months.

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50.01 Principal's Allowance

A principal of a school shall be paid an allowance for administrative and supervisory responsibilities at the following annual rates, calculated on September 1^st of each year:

Effective on the date of signature of this agreement,

Effective on the July 1, 2005,

Effective on the July 1, 2006,

The number of teachers and teacher aides who work under the supervision of the Principal but who are seconded from school boards, Indian bands, and other organizations shall be counted in determining the amount of the principal's allowance.

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50.03 Department Head's Allowance

A teacher who is a Department Head (including a Head Education Counsellor) shall be paid an allowance for administrative and supervisory responsibilities of:

Effective on the date of signature of this agreement: $2,140 per annum.

Effective on July 1, 2005: $2,190 per annum.

Effective on July 1, 2006: $2,245 per annum.

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50.05 Allowance for Teachers of Specialist Subjects

(a) Definition

Any subject can be considered as a field of specialization as they are variable depending on the Provincial Ministry of Education. The definition of Specialization is the recognition of additional training in teachable subject area within the assigned curriculum.

(b) Eligibility

(c) Allowance

An employee who is eligible under (a) and (b) shall receive an allowance in excess of that to which he or she is eligible in view of his or her academic and professional qualifications or experience of:

Effective on the date of signing of this agreement: $965 per annum.

Effective on July 1, 2005: $990 per annum.

Effective on July 1, 2006: $1,015 per annum.

No employee will be paid more than one allowance for specialization under this clause.

(d) Grandfather protection

Any employee who on the signing of the Memorandum of Agreement dated June 17, 2003 was receiving a specialist's allowance under clause 50.05 of the Education and Library Science collective agreement expiring on June 30, 2003, will be paid the allowance as long as he or she remains in his or her current substantive position.

(e) Limitation

The same courses will not be applied simultaneously towards salary determination as per the pay grid for Annual Rates of Pay set forth in Appendix A and towards a specialist allowance. If courses already used to determine the employee's eligibility for the specialist allowance are applied for salary determination as per the pay grid for Annual Rates of Pay set forth in Appendix A, the specialist allowance will terminate. On the basis of other additional courses, an employee may reapply for a specialist allowance previously held when it can be determined through a re-evaluation of the total courses accumulated that he or she has met again the requirements in accordance with (a) and (b) for a specialist allowance.

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50.07 One-Room School Allowance

A teacher employed in the Department of Indian and Northern Affairs Canada as the only teacher in a one-room school shall be paid an allowance of:

Effective on the date of signature of this agreement: $1,180 per annum.

Effective on July 1, 2005: $1,210 per annum.

Effective on July 1, 2006: $1,240 per annum.

ARTICLE 58
MATERNITY-RELATED REASSIGNMENT OR LEAVE

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58.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24^th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child. On being informed of the cessation, the Employer, with the written consent of the employee, shall notify the appropriate work place committee or the health and safety representative.

ARTICLE 61
LEAVE FOR ED-EST AND EU EMPLOYEES WHO WORK A TEN (10)-MONTH WORK YEAR

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61.02

(a) Effective on the date of signing of this collective agreement, employees with more than two (2) year of service shall receive a one-time entitlement of thirty-seven decimal five (37.5) hours of leave with pay for personal reasons.

(b) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of leave with pay for personal reasons on the first (1^st) day of the month following the second (2^nd) anniversary of the employee's first year of service.

**ARTICLE 62,
DANGEROUS GOODS

62.01 An employee certified pursuant to the Transportation of Dangerous Goods Act and who is assigned the responsibility for packaging and labelling of Dangerous Goods for shipping in accordance with the above Act, shall receive a daily allowance of three dollars and fifty cents ($3.50) for each day they are required to package and label Dangerous Goods for shipping, to a maximum of seventy-five dollars ($75) in a month where the employee maintains such certification.

ARTICLE 63
DURATION

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63.01 The provisions of this Agreement will expire on June 30, 2007.

Signed at Ottawa this 14^th day of the month of March 2005.

APPENDIX "A"

ANNEX "A1"

ELEMENTARY AND SECONDARY TEACHING SUB-GROUP (ED-EST)
ANNUAL RATES OF PAY
(in dollars)
MARITIMES

ELEMENTARY AND SECONDARY TEACHING SUB-GROUP (ED-EST)
ANNUAL RATES OF PAY
(in dollars)
QUEBEC