Clause 23.01 to 23.14 inclusively apply only to the employees in the
Education (ED) group and Educational Support (EU) group
Education Leave
23.01 For the purposes of clause 23.02 to
23.11, the Employer will normally consider once per year the applications for
education leave, when the courses begin after June 1st of the
current year and end no later than June 30th of the following
year.
23.02 The Employer recognizes the usefulness of
education leave and will grant such leave to employees for varying periods of up
to one (1) year which can be renewed by mutual agreement in order to permit
them to acquire additional or special training in some field of education in
which special preparation is needed to enable the applicant to fill his or her
present role more adequately in order to permit the employee to undertake
studies in some field in which training is needed in order to provide a service
which the Employer requires or is planning to provide.
23.03 Applications for education leave must
normally be submitted to the Employer by April 1st of the
previous school year by all employees except employees of the Department of
Northern and Indian Affairs Canada, who are required to submit their
applications for leave to the Employer prior to January 31st.
23.04 All applications must be accompanied by a
statement outlining the field of study, the programme to be followed and the
value of the leave to the employee and to the Employer.
23.05 The criteria for selection proposed by the
Employer are submitted to the appropriate Alliance representative for
consultation purposes, as provided for in Article 35. Subsequent to such
consultation, the Employer chooses the selection criteria which will be used and
provides a copy of these to the appropriate Alliance representative.
All applications for education leave will be reviewed by the Employer, and a
list of the applications received, indicating the names of the applicants to
whom the Employer grants the leave, shall be provided to the appropriate
Alliance representative. The employee will then be advised in writing on or
before May 1st whether his or her application has been accepted
or rejected.
23.06 Education leave shall be granted to the
maximum possible number of employees who make application for such leave, but in
any case shall be not less than one per cent (1%) of the total number
person-years in the respective sub-group as determined on April 1st
of each year.
23.07 An employee on education leave shall receive
allowances in lieu of salary equivalent to from fifty per cent (50%) to one
hundred per cent (100%) of basic salary.
23.08 For the purpose of calculating the education
leave allowance, the term "basic salary" shall include any
compensation and allowance set out in the collective agreement already paid to
an employee.
23.09 Allowances already being received by the
employee but not provided for in this collective agreement may, at the
discretion of the Employer, be continued during the period of education leave
and the employee shall be notified when the leave is approved whether such
allowances are to be continued in whole or in part.
23.10 As a condition to the granting of education
leave, an employee shall, if required, give a written undertaking prior to
commencement of the leave to return to the service of the Employer for a period
at least equal to the period of the leave granted.
If the employee:
(a) fails to complete the approved programme of studies;
(b) does not resume employment with the Employer following completion of
the programme;
or
(c) ceases to be employed before termination of the period he or she has
undertaken to serve after completion of the programme,
the employee shall repay the Employer all allowances paid to him or her
during the education leave or such lesser sum as shall be determined by the
Employer.
23.11 The employee shall be returned to a position
at a basic salary level not lower than the position encumbered immediately prior
to the commencement of the leave.
Professional Development
23.12 Professional Development
(a) Professional development refers to an activity which in the opinion
of the Employer is likely to be of assistance to the individual in
furthering his or her professional development and to the organization in
achieving its goals. The following activities shall be deemed to be part of
professional development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution;
(iii) a research program carried out in a recognized institution;
(iv) a symposium, seminar, convention or study session in a specialized
field directly related to the employee's work.
(b) Where an employee has submitted an application for professional
development leave in one of the activities described in
paragraph 23.12(a) above and has been selected by the Employer, the
employee shall continue to receive his or her normal salary plus any
allowances that apply, in addition to any increments to which the employee
may be entitled. The employee shall receive no pay under Articles 27
and 49 during time spent on professional development leave provided for in
this clause.
(c) Employees taking professional development training shall be
reimbursed for all reasonable travel and other expenses incurred by them
which the Employer may deem appropriate.
(d) Once the Employer has selected an employee for professional
development leave, according to subparagraphs 23.12(a)(ii), (iii), (iv)
above, the Employer shall consult with the employee to determine the
institution where the work or study program concerned will be undertaken and
the duration of the programme.
23.13 Examination Leave
Leave of absence with pay may be granted to an employee for the purpose of
writing an examination which takes place during the employee's scheduled hours
of work. Such leave of absence will be granted only where the course of study is
directly related to the employee's duties or will improve his or her
professional qualifications.
23.14 Attendance at Courses at the Request of the Employer
If an employee attends a course at the request of the Employer, the employee
shall be considered as being on duty and his or her pay and allowances shall be
determined accordingly.
Clause 23.15 to 23.18 inclusively apply only to the employees of the
Library Science (LS) group.
23.15 Education Leave
(a) An employee may be granted education leave without pay for varying
periods up to one (1) year, which can be renewed by mutual agreement,
to attend a recognized institution for additional or special studies in some
field of education in which special preparation is needed to enable the
employee to fill his or her present role more adequately, or to undertake
studies in some field in order to provide a service which the Employer
requires or is planning to provide.
(b) An employee on education leave, under this clause, shall receive
allowances in lieu of salary equivalent to not less than fifty per
cent (50%) and up to one hundred per cent (100%) of his or her
basic salary provided that where the employee receives a grant, bursary or
scholarship, the education leave allowance may be reduced. In such cases,
the amount of the reduction shall not exceed the amount of the grant,
bursary or scholarship.
(c) Any allowance already being received by the employee and not part of
his or her basic salary shall not be used in the calculation of the
education leave allowance.
(d) Allowances already being received by the employee may at the
discretion of the Employer be continued during the period of the education
leave and the employee shall be notified when the leave is approved whether
such allowances are to be continued in whole or in part.
(e) As a condition to the granting of education leave, an employee shall,
if required, give a written undertaking prior to the commencement of the
leave to return to the service of the Employer for a period of not less than
the period of the leave granted. If the employee, except with the permission
of the Employer,
(i) fails to complete the course,
(ii) does not resume employment with the Employer on completion of the
course,
or
(iii) ceases to be employed before termination of the period he or she
has undertaken to serve after completion of the course,
the employee shall repay the Employer all allowances paid to him or her
under this clause during the education leave or such lesser sum as shall be
determined by the Employer.
(f) The Employer will endeavour to return the employee to a position at a
basic salary level not lower than the position he or she encumbered
immediately prior to the commencement of the education leave.
23.16 Attendance at Conferences and Conventions
(a) In order that each employee shall have the opportunity for an
exchange of knowledge and experience with his or her professional
colleagues, the employee shall have the right to apply to attend a
reasonable number of conferences or conventions related to his or her field
of specialization. The Employer may grant leave with pay and reasonable
expenses, including registration fees, to attend such gatherings, subject to
budgetary and operational constraints as determined by the Employer.
(b) An employee who attends a conference or convention at the request of
the Employer to represent the interests of the Employer shall be deemed to
be on duty and, as required, in travel status.
(c) An employee invited to participate in a conference or convention in
an official capacity, such as to present a formal address or to give a
course related to his or her field of employment, may be granted leave with
pay for this purpose and may, in addition, be reimbursed for his or her
payment of registration fees and reasonable travel expenses.
(d) An employee shall not be entitled to any compensation under
Articles 27 and 49 in respect of hours he or she is in attendance at or
travelling to or from a conference or convention, under the provisions of
this clause, except as may be provided in paragraph 23.16(b).
23.17 Professional Development
(a) The parties to this agreement share a desire to improve professional
standards by giving employees the opportunity, on occasion,
(i) to participate in seminars, workshops, short courses or similar
out-service programs to keep up to date with knowledge and skills in their
respective fields,
(ii) to conduct research or to perform work related to their normal
research programs in institutions or locations other than those of the
Employer,
or
(iii) to perform work in a co-operating department or agency for a short
period of time in order to enhance the relevant subject knowledge or the
technical expertise of the employee.
(b) An employee may apply at any time for professional development under
this clause and the Employer may select an employee at any time for such
professional development.
(c) When an employee is selected by the Employer for professional
development under this clause the Employer will consult with the employee
before determining the location and duration of the program of work or
studies to be undertaken.
(d) An employee selected for professional development, under this clause,
will continue to receive his or her normal compensation, including any
increase for which the employee may become eligible. The employee shall not
be entitled to any compensation under Articles 27 and 49 while on
professional development under this clause.
(e) An employee on professional development, under this clause, may be
reimbursed for reasonable travel expenses and such other additional expenses
as the Employer deems appropriate.
23.18 Examination Leave
Leave of absence with pay to write examinations may be granted by the
Employer to an employee who is not on educational leave. Such leave will be
granted only where, in the opinion of the Employer, the course of study is
directly related to the employee's duties or will improve his or her
qualifications.
**
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.
24.01 Under the following circumstances and subject
to clause 24.02, an employee shall receive severance benefits calculated on
the basis of the weekly rate of pay to which he or she is entitled for the
classification prescribed in his or her certificate of appointment on the date
of his or her termination of employment.
(a) Lay-off
(i) On the first lay-off two (2) weeks' pay for the first complete
year of continuous employment and one (1) week's pay for each
additional complete year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied
by the number of days of continuous employment divided by three hundred and
sixty-five (365).
(ii) On second or subsequent lay-off one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and
sixty-five (365), less any period in respect of which the employee was
granted severance pay under sub-paragraph (a)(i).
(b) Resignation
On resignation, subject to paragraph 24.01(d) and with ten (10)
or more years of continuous employment, one-half (1/2) week's pay for
each complete year of continuous employment up to a maximum of
twenty-six (26) years with a maximum benefit of thirteen (13)
weeks' pay.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than
one (1) year of continuous employment and ceases to be employed by
reason of rejection during a probationary period, one (1) week's pay.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity
under the Public Service Superannuation Act or when the employee is
entitled to an immediate annual allowance, under the Public Service
Superannuation Act,
or
(ii) a part-time employee, who regularly works more than thirteen and
one-half (13 1/2) but less than thirty (30) hours a week, and
who, if he or she were a contributor under the Public Service
Superannuation Act, would be entitled to an immediate annuity
thereunder, or who would have been entitled to an immediate annual allowance
if he or she were a contributor under the Public Service Superannuation
Act,
a severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five (365),
to a maximum of thirty (30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to the employee's estate a
severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and
sixty-five (365), to a maximum of thirty (30) weeks' pay,
regardless of any other benefit payable.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of
continuous employment and ceases to be employed by reason of termination for
cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of twenty-eight (28)
weeks.
(ii) When an employee has completed more than ten (10) years of
continuous employment and ceases to be employed by reason of termination for
cause for reasons of incompetence pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of twenty-eight (28)
weeks.
24.02 The period of continuous employment used in
the calculation of severance benefits payable to an employee under this
Article shall be reduced by any period of continuous employment in respect of
which the employee was already granted any type of termination benefit. Under no
circumstances shall the maximum severance pay provided under clause 24.01
be pyramided.
24.03 Appointment to a separate employer organization
Notwithstanding paragraph 24.01(b), an employee who resigns to accept an
appointment with an organization listed in Part II of Schedule I of
the Public Service Staff Relations Act may choose not to be paid
severance pay provided that the appointing organization will accept the employee's
Part I of Schedule I service for its severance pay entitlement.
General
25.01 A Penological Factor Allowance shall be
payable to incumbents in some positions in the bargaining unit which are in
Correctional Service Canada, subject to the following conditions.
**
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.
**
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.
**
Amount of PFA
25.04
Penological Factor Allowance
Designated Security level of the Penitentiary |
| Maximum |
Medium |
Minimum |
| $2,000 |
$1,000 |
$600 |
Application of PFA
25.05 Penological Factor Allowance shall only be
payable to the incumbent of a position on the establishment of, or loaned to,
Correctional Staff Colleges, Regional Headquarters, and National Headquarters,
when the conditions described in clause 25.02 above are applicable.
25.06 The applicability of PFA to a position and
the position's level of PFA entitlement shall be determined by the Employer
following consultation with the bargaining agent.
25.07 Except as prescribed in clause 25.10
below, an employee shall be entitled to receive PFA for any month in which he or
she receives a minimum of ten (10) days' pay in a position(s) to which
PFA applies.
25.08 Except as provided in clause 25.09
below, PFA shall be adjusted when the incumbent of a position to which PFA
applies, is appointed or assigned duties in another position to which a
different level of PFA applies, regardless of whether such appointment or
assignment is temporary or permanent, and for each month in which an employee
performs duties in more than one position to which PFA applies, the employee
shall receive the higher allowance, provided he or she has performed duties for
at least ten (10) days as the incumbent of the position to which the higher
allowance applies.
25.09 When the incumbent of a position to which PFA
applies, is temporarily assigned a position to which a different level of PFA,
or no PFA, applies, and when the employee's basic monthly pay entitlement in
the position to which he or she is temporarily assigned, plus PFA, if
applicable, would be less than his or her basic monthly pay entitlement plus PFA
in his or her regular position, the employee shall receive the PFA applicable to
his or her regular position.
25.10 An employee will be entitled to receive PFA,
in accordance with the PFA applicable to his or her regular position:
(a) during any period of paid leave up to a maximum of sixty (60)
consecutive calendar days,
or
(b) during the full period of paid leave where an employee is granted
injury-on-duty leave with pay because of an injury resulting from an act of
violence from one or more inmates.
25.11 PFA shall not form part of an employee's
salary except for the purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations
25.12 If, in any month, an employee is disabled or
dies prior to establishing an entitlement to PFA, the PFA benefits accruing to
the employee or the employee's estate shall be determined in accordance with
the PFA entitlement for the month preceding such disablement or death.
26.01 Except as provided in this Article, the terms
and conditions governing the application of pay to employees are not affected by
this Agreement.
26.02 An employee is entitled to be paid for
services rendered at:
(a) the pay specified in Appendix "A", for the
classification of the position to which the employee is appointed, if the
classification coincides with that prescribed in the employee's
certificate of appointment;
or
(b) the pay specified in Appendix "A", for the
classification prescribed in the employee's certificate of appointment, if
that classification and the classification of the position to which the
employee is appointed do not coincide.
**
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:
(i) "retroactive period" for the purpose of
subparagraphs (ii) to (v) means the period from the effective date of
the revision up to and including the day before the collective agreement is
signed or when an arbitral award is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall apply to
employees, former employees or in the case of death, the estates of former
employees who were employees in the groups identified in Article 7 of
this Agreement during the retroactive period;
(iii) for initial appointments made during the retroactive period, the
rate of pay selected in the revised rates of pay is the rate which is shown
immediately below the rate of pay being received prior to the revision;
(iv) for promotions, demotions, deployments, transfers or acting
situations effective during the retroactive period, the rate of pay shall be
recalculated, in accordance with the Public Service Terms and Conditions
of Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay shown immediately below the
rate of pay being received prior to the revision;
(v) no payment or no notification shall be made pursuant to
paragraph 26.03(b) for one dollar ($1.00) or less.
26.04 Where a pay increment and a pay revision are
effected on the same date, the pay increment shall be applied first and the
resulting rate shall be revised in accordance with the pay revision.
26.05 This article is subject to the Memorandum of
Understanding signed by the Employer and the Alliance dated February 9,
1982 in respect of red-circled employees.
26.06 If, during the term of this Agreement, a new
classification standard for the group is established and implemented by the
Employer, the Employer shall, before applying rates of pay to new levels
resulting from the application of the standard, negotiate with the Alliance the
rates of pay and the rules affecting the pay of employees on their movement to
the new levels.
26.07
(a) When an employee is required by the Employer to substantially perform
the duties of a higher classification level in an acting capacity and
performs those duties for at least three (3) consecutive working days,
the employee shall be paid acting pay calculated from the date on which he
or she commenced to act as if he or she had been appointed to that higher
classification level for the period in which he or she acts.
(b) When a day designated as a paid holiday occurs during the qualifying
period, the holiday shall be considered as a day worked for purposes of the
qualifying period.
26.08 When the regular pay day for an employee
falls on his or her day of rest, every effort shall be made to issue his or her
cheque on his or her last working day, provided it is available at his or her
regular place of work.
27.01 For the purposes of this Agreement,
travelling time is compensated for only in the circumstances and to the extent
provided for in this Article.
27.02 When an employee is required to travel
outside his or her headquarters area on government business, as these
expressions are defined by the Employer, the time of departure and the means of
such travel shall be determined by the Employer and the employee will be
compensated for travel time in accordance with clause 27.03 and 27.04.
Travelling time shall include time necessarily spent at each stop-over enroute
provided such stop-over is not longer than three (3) hours.
27.03 For the purposes of clause 27.02 and
27.04, the travelling time for which an employee shall be compensated is as
follows:
(a) For travel by public transportation, the time between the scheduled
time of departure and the time of arrival at a destination, including the
normal travel time to the point of departure, as determined by the Employer.
(b) For travel by private means of transportation, the normal time as
determined by the Employer, to proceed from the employee's place of
residence or work place, as applicable, direct to the employee's
destination and, upon the employee's return, direct back to the employee's
residence or work place.
(c) In the event that an alternate time of departure and/or means of
travel is requested by the employee, the Employer may authorize such
alternate arrangements, in which case compensation for travelling time shall
not exceed that which would have been payable under the Employer's
original determination.
27.04 If an employee is required to travel as set
forth in clause 27.02 and 27.03:
(a) On a normal working day on which the employee travels but does not
work, the employee shall receive his or her regular pay for the day.
(b) On a normal working day on which the employee travels and works, the
employee shall be paid:
(i) his or her regular pay for the day for a combined period of travel
and work not exceeding his or her regular scheduled working hours,
and
(ii) at the applicable overtime rate for additional travel time in excess
of his or her regularly scheduled hours of work and travel, with a maximum
payment for such additional travel time not to exceed twelve (12) hours'
pay at the straight-time rate of pay.
(c) on a day of rest or on a designated paid holiday, the employee shall
be paid at the applicable overtime rate for hours travelled to a maximum of
twelve (12) hours' pay at the straight-time rate of pay.
Travel time shall be compensated in cash, except where upon request of an
employee and with the approval of the Employer, travel time shall be compensated
by leave with pay. The duration of such leave shall be equal to the travel time
multiplied by the appropriate rate of payment and payment shall be based on the
employee's hourly rate of pay in effect on the date immediately prior to the
day on which the leave is taken. Compensatory leave outstanding at the end of a
fiscal year shall be paid in cash at the employee's daily rate of pay as
calculated from the classification prescribed in the employee's certificate of
appointment, on the last day of the fiscal year.
27.05 This Article does not apply to an employee
when the employee travels by any type of transport in which he or she is
required to perform work, and/or which also serves as his or her living quarters
during a tour of duty. In such circumstances, the employee shall receive the
greater of:
(a) on a normal working day, his or her regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 21,
Designated Paid Holidays and the overtime provisions of this agreement.
27.06 Compensation under this Article shall not be
paid for travel time to courses, training sessions, conferences and seminars,
unless the employee is required to attend by the Employer.
28.01 If an employee is called back to work
(a) on a designated paid holiday which is not the employee's scheduled
day of work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed his or her work for the day and has
left his or her place of work, and returns to work, the employee shall be
paid the greater of:
(i) compensation equivalent to three (3) hours' pay at the
applicable overtime rate of pay for each call-back to a maximum of
eight (8) hours' compensation in an eight (8) hour period. Such
maximum shall include any reporting pay pursuant to clause 21.06 and
the Reporting Pay Provisions of this agreement,
or
(ii) compensation at the applicable rate of overtime compensation for
time worked,
provided that the period worked by the employee is not contiguous to the
employee's normal hours of work.
(d) The minimum payment referred to in 28.01(c)(i) above does not apply
to part-time employees. Part-time employees will receive a minimum payment
in accordance with 38.11.
28.02 Other than when required by the Employer to
use a vehicle of the Employer for transportation to a work location other than
the employee's normal place of work, time spent by the employee reporting to
work or returning to his or her residence shall not constitute time worked.
No Pyramiding of Payments
28.03 Payments provided under Overtime, Reporting
Pay, Designated Paid Holiday, Standby provisions and clause 28.01 above
shall not be pyramided, that is an employee shall not receive more than one
compensation for the same service.
28.04 Compensatory Leave
Clause 49.07, 49.08 and 49.09 of the Overtime article (Article 49)
apply to compensation earned according to 28.01(c)(i) and 28.01(d).
28.05 Transportation expenses
(a) When an employee is required to report for work and reports under the
conditions described in paragraphs 28.01(c) and (d), and is required to
use transportation services other than normal public transportation
services, the employee shall be reimbursed for reasonable expenses incurred
as follows:
(i) mileage allowance at the rate normally paid to an employee when
authorized by the Employer to use his or her automobile when the employee
travels by means of his or her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
29.01 Where the Employer requires an employee to be
available on standby during off-duty hours, such employee shall be compensated
at the rate of one-half (1/2) hour for each four (4)-hour period or
part thereof for which the employee has been designated as being on standby
duty.
29.02 An employee designated by letter or by list
for standby duty shall be available during his or her period of standby at a
known telephone number and be available to return for duty as quickly as
possible if called. In designating employees for standby, the Employer will
endeavour to provide for the equitable distribution of standby duties.
29.03 No standby payment shall be granted if an
employee is unable to report for duty when required.
29.04 An employee on standby who is required to
report for work and reports shall be compensated in accordance with
clause 28.01(c), 28.01(d) and 28.04, and is also eligible for reimbursement
of transportation expenses in accordance with clause 28.05.
29.05 Other than when required by the Employer to
use a vehicle of the Employer for transportation to a work location other than
an employee's normal place of work, time spent by the employee reporting to
work or returning to his or her residence shall not constitute time worked.
No Pyramiding of Payments
29.06 Payments provided under the Overtime,
Reporting Pay, Designated Paid Holidays, Call-Back Pay provisions and
clause 29.04 above shall not be pyramided, that is an employee shall not
receive more than one compensation for the same service.
30.01 Shift Premium
A shift work employee, whose hours of work are scheduled pursuant to 44.04,
45.10 and 46.04, will receive a shift premium of one dollar and fifty
cents ($1.50) per hour for all hours worked, including overtime hours,
between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for
hours worked between 8:00 a.m. and 4:00 p.m.
30.02 Weekend Premium
An employee working on shifts during a weekend will receive an additional
premium of one dollar and fifty cents ($1.50) per hour for all hours
worked, including overtime hours, on Saturday and/or Sunday.
31.01 Upon written request, an employee shall be
provided with a complete and current statement of the duties and
responsibilities of his or her position, including the classification level and,
where applicable, the point rating allotted by factor to his or her position,
and an organization chart depicting the position's place in the organization.
32.01 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.
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
Alliance 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 Alliance 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
(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.
33.02
(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.
33.03 Upon written request of an employee, the
personnel file of that employee shall be made available once per year for his or
her examination in the presence of an authorized representative of the Employer.
34.01 The Employer shall make reasonable provisions
for the occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Alliance, 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.
Clause 35.01 to 35.04 apply only to Library Science (LS) group and
Educational Support (EU) group
35.01 The parties acknowledge the mutual benefits
to be derived from joint consultation and are prepared to enter into discussion
aimed at the development and introduction of appropriate machinery for the
purpose of providing joint consultation on matters of common interest.
35.02 Within five (5) days of notification of
consultation served by either party, the Alliance shall notify the Employer in
writing of the representatives authorized to act on behalf of the Alliance for
consultation purposes.
35.03 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.
35.04 Without prejudice to the position the
Employer or the Alliance 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.
Clause 35.05 to 35.11 apply only to the Education (ED) group
Consultation Committees
35.05 To facilitate discussions on matters of
mutual interest outside the terms of this collective agreement, the Employer
recognizes the following Education group committees of the Alliance for the
purpose of consulting with management:
(a) with regard to the Elementary and Secondary Teaching sub-group,
regional committees in each province but only one (1) for the Maritime
Provinces;
(b) the procedure regarding consultation with Correctional Service Canada
will be established by mutual agreement between the two (2) parties;
(c) with regard to the Language Teaching sub-group, committees in each
region and/or work unit determined by mutual agreement by the Canada School
of the Public Service Joint Departmental Committee. The procedure regarding
consultation with the Department of National Defence will be established by
mutual agreement between the two (2) parties.
35.06 The parties will consult for the purpose of
providing information, discussing the application of policies, promoting
understanding and reviewing problems.
35.07 The Employer agrees to inform and consult
with the appropriate Alliance representatives on proposed changes which affect
the majority of the employees in any work unit.
35.08 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.
35.09 Representation at such meetings will be
limited to five (5) representatives from each party, except that by mutual
agreement of the parties, the number of representatives may be decreased or
increased. It is agreed that meetings will be held at the request of either
party.
35.10 Committee meetings will normally be held on
the Employer's premises at times to be determined by mutual agreement between
the representatives for both sides. Representatives of the parties will normally
exchange a written agenda for the meeting not less than five (5) calendar
days in advance of the date of each meeting.
35.11 Full-time employees forming the continuing
membership of the 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.
The Employer shall not be responsible for any travel
or other expenses incurred by employees travelling or attending such
consultation meetings with management.
36.01 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.
36.02 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 Chairman 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.
**
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
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.
36.04 Grievances in regard to the above directives
shall be filed in accordance with clause 37.01 of the Article on grievance
procedure in this Agreement.
37.01 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.
37.02 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 37.05 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.
37.03 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 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.
37.04 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.
37.05 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.
37.06 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.
37.07 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.
37.08 An employee may be assisted and/or
represented by the Alliance when presenting a grievance at any level.
37.09 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.
37.10 An employee may present a grievance to the
First Level of the procedure in the manner prescribed in clause 37.05 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.
37.11 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.
37.12 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.
37.13 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.
37.14 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.
37.15 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.
37.16 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.
37.17 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.
37.18 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.
37.19 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.
37.20 An employee may abandon a grievance by
written notice to his or her immediate supervisor or officer-in-charge.
37.21 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.
37.22 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.
37.23 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.
37.24 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
37.25 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 initialed 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.
Definition
38.01 Part-time employee means a person whose
normal hours of work are less than those established in the Hours of Work
Article for the relevant group or sub-group, but not less than those prescribed
in the Public Service Staff Relations Act.
General
38.02 Part-time employees shall be entitled to the
benefits provided under this Agreement in the same proportion as their normal
weekly hours of work compare with the normal weekly hours of work, specified for
the relevant group or sub-group, of full-time employees unless otherwise
specified in this Agreement.
38.03 Part-time employees shall be paid at the
straight-time rate of pay for all work performed up to the normal daily or
weekly hours specified for the relevant group or sub-group for a full-time
employee.
38.04 The days of rest provisions of this agreement
apply only in a week when a part-time employee has worked five (5) days and
the weekly hours specified for the relevant group or sub-group.
38.05 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 this Agreement.
Designated Holidays
38.06 A part-time employee shall not be paid for
the designated holidays but shall, instead be paid four decimal two
five (4.25) per cent for all straight-time hours worked.
38.07 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 21.01 of this Agreement, the employee shall be paid at
time and one-half (1 1/2) of the straight-time rate of pay for all
hours worked up to the regular daily scheduled hours of work for the relevant
group or sub-group and double (2T) thereafter.
38.08 A part-time employee who reports for work as
directed on a day which is prescribed as a designated paid holiday for a
full-time employee in clause 21.01, shall be paid for the time actually
worked in accordance with clause 38.07, or a minimum of four (4) hours
pay at the straight-time rate, whichever is greater.
Overtime
38.09
(a) Overtime means authorized work performed in excess of the normal
daily or weekly hours of work, specified for the relevant group or
sub-group, of a full-time employee, but does not include time worked on a
holiday.
(b) Notwithstanding (a), for employees whose normal scheduled hours
of work are in excess of the normal daily hours of work specified for the
relevant group or sub-group, overtime means work performed in excess of
those normal scheduled daily hours or in excess of the average weekly hours
of work specified for the relevant group or sub-group.
38.10 Subject to 38.09 a part-time employee who is
required to work overtime shall be paid overtime as specified for the relevant
group or sub-group.
Call-Back
38.11 When a part-time employee meets the
requirements to receive call-back pay in accordance with 28.01 and is entitled
to receive the minimum payment rather than pay for actual time worked, the
part-time employee shall be paid a minimum payment of four (4) hours pay at
the straight-time rate.
Reporting Pay
38.12 Subject to 38.04, when a part-time employee
meets the requirements to receive reporting pay on a day of rest, in accordance
with the reporting pay provision for the relevant group or sub-group, and is
entitled to receive a minimum payment rather than pay for actual time worked,
the part-time employee shall be paid a minimum payment of four (4) hours
pay at the straight-time rate of pay.
Bereavement Leave
38.13 Notwithstanding clause 38.02, there
shall be no prorating of a "day" in clause 22.02, Bereavement
Leave With Pay.
Vacation Leave
38.14 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 established in the vacation leave entitlement clause
of 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 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
38.15 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.
38.16 Vacation and Sick Leave Administration
(a) For the purposes of administration of clause 38.14 and 38.15,
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
38.17 Notwithstanding the provisions of
Article 24, 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.
The Employer and the Alliance agree that the following conditions shall apply
to employees for whom variable hours of work schedules are approved pursuant to
the relevant provisions of this Agreement.
It is agreed that the implementation of any such variation in hours shall not
result in any additional expenditure or cost by reason only of such variation.
39.01 General Terms
The scheduled hours of work of any day as set forth in a work schedule, may
exceed or be less than the regular workday hours for the relevant Group or
Sub-Group; starting and finishing times, meal breaks and rest periods shall be
determined according to operational requirements as determined by the Employer
and the daily hours of work shall be consecutive.
For shift workers such schedules shall provide that an employee's normal
workweek shall average the weekly hours per week specified for the relevant
Group or Sub-Group over the life of the schedule. The maximum life of a schedule
shall be six (6) months.
For day workers, such schedules shall provide that an employee's normal
workweek shall average the weekly hours per week specified in this agreement
over the life of the schedule. The maximum life of a schedule shall be
twenty-eight (28) days.
Whenever an employee changes his or her variable hours or no longer works
variable hours, all appropriate adjustments will be made.
39.02 Specific Application
For greater certainty, the following provisions shall be administered as
provided herein:
Interpretation and Definitions
"Daily rate of pay" - shall not apply.
Overtime
Overtime shall be compensated for all work performed:
(a) in excess of an employee's scheduled hours of work on a scheduled
working day in accordance with the provisions of this Agreement;
(b) on days of rest at time and one-half (1 1/2) except that if
the overtime is worked by the employee on two (2) or more consecutive
and contiguous days of rest, the employee shall be paid at double (2)
time for each hour worked on the second and subsequent days of rest. Second
and subsequent days of rest means the second and subsequent days in an
unbroken series of consecutive and contiguous calendar days of rest.
Travel
Overtime compensation referred to in clause 27.04 of this Agreement
shall only be applicable on a normal day for hours in excess of the employee's
daily scheduled hours of work.
Designated Paid Holidays
(a) A designated paid holiday shall account for seven and one
half (7 1/2) hours.
(b) When an employee works on a Designated Paid Holiday, the employee
shall be compensated, in addition to the normal daily hours' pay, time and
one-half (1 1/2) up to his or her regular scheduled hours worked
and double (2) time for all hours worked in excess of his or her
regular scheduled hours.
Vacation Leave - ED and EU Groups
Employees shall earn vacation at the rates prescribed for their years of
service as set forth in this Agreement. Leave will be granted on an hourly basis
and the hours debited for each day of vacation leave shall be the same as the
employee would normally have been scheduled to work on that day.
Vacation Leave - LS Group
(a) Employees shall earn vacation at the rates prescribed for their years
of service as set forth in this Agreement. Leave will be granted on an
hourly basis and the hours debited for each day of vacation leave shall be
the same as the employee would normally have been scheduled to work on that
day.
(b) Employees scheduled to work any portion of a fiscal year under the
variable hours of work provisions of this Agreement shall not have
fractional vacation entitlement of more or less than one-half (1/2) day
increased to the nearest half day.
Sick Leave
Employees shall earn sick leave credits at the rate prescribed in
Article 19 of this Agreement. Leave will be granted on an hourly basis and
the hours debited for each day of sick leave shall be the same as the employee
would normally have been scheduled to work on that day.
Acting Pay
The qualifying period for acting pay as specified in Article 26,
clause 26.07 shall be converted to hours.
Exchange of Shifts
On exchange of shifts between employees, if provided in this agreement, the
Employer shall pay as if no exchange had occurred.
Minimum Number of Hours Between Shifts
The provision in the Agreement relating to the minimum period between the
termination and commencement of the employee's next shift shall not apply to
an employee subject to variable hours of work.
**
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.
41.01 This Article applies to the ED and EU groups
only.
41.02 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 an operation
is contracted out, terminated or transferred to another jurisdiction.
41.03 In accordance with clause 41.02 where an
employee is offered employment with another jurisdiction and he or she is not
permitted to retain substantially the same entitlement to credits in respect to
sick leave, special leave, and severance pay, as were accumulated during his or
her service with the Employer, he or she shall, for the purpose of this
agreement, be deemed to be on lay-off from the effective date of termination or
turnover of the operation and entitled to benefits as set forth in
paragraph 24.01(a) of this agreement.
41.04 The provisions of paragraph 24.01(b)
shall apply to an employee who is offered the retention of substantially the
same entitlement to credits accumulated during his or her service with the
Employer and who declines employment on this basis.
41.05 When an official application to negotiate the
takeover of a school is received from a band council, the Department of Indian
and Northern Affairs Canada will notify the appropriate Alliance representative
as soon as possible.
41.06 As far in advance as possible of the proposed
date of any termination or transfer of operations, the Employer will notify the
employees involved and will provide an opportunity for consultation with the
Alliance on details of the future pay and benefit entitlements.
42.01 This clause applies to employees certified in
the Elementary and Secondary Teaching subgroup or as a Teacher Aide.
(a) Professional Development Sessions
The Employer recognizes the usefulness of professional development and,
where possible, one period per year may be set aside to arrange such a
session. The session content will be discussed with the appropriate
consultation committee and the expenses of such a session, subject to
operational constraints, will be borne by the Employer. If the session is
held away from an employee's work location and the employee is unable to
attend, he or she will be considered on duty provided that he or she
performs duties as assigned by the Employer for the duration of the
professional development session.
It is understood that other professional development days will also be
granted, in accordance with present practice.
(b) Transportation
The parties agree that, except in cases of emergency, employees will not
be required to use their private vehicle in the performance of their duties
if other means of transportation are available. Should employees be required
to use their private vehicle for field trips or similar activities, they
will be reimbursed in accordance with the Government Travel and Living
Accommodations Directive.
42.02 This clause applies to employees certified in
the Language Teaching sub-group and the EU - Physical Education Instructors.
At the request of an employee who takes a course offered by the Employer, the
Employer shall provide a certificate indicating the subject of the course, the
name of the person who gave the course, the date on which it was given and its
duration, provided the employee requests a certificate within thirty (30)
days of completion of such a course.
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