43.01 This Article applies to Education (ED) group
and Educational Support (EU) group.
43.02 Employees shall be reimbursed for
correspondence courses and other training taking place outside normal working
hours in accordance with Treasury Board 718445, dated March 30, 1973, and
its subsequent amendments.
44.01 The normal work week shall be thirty-seven
and one-half (37 1/2) hours and the normal daily hours of work shall
be seven and one-half (7 1/2) consecutive hours, exclusive of a meal
period. These hours may be varied at the Employer's discretion to allow for
summer and winter hours, provided that the annual total hours equal those which
would be obtained with no variation.
44.02 The normal work week shall be Monday through
Friday, and the normal work day shall be between 7:00 a.m. and
6:00 p.m.
44.03 An employee shall be granted two (2)
consecutive days of rest during each seven (7)-day period, unless
operational requirements do not permit.
44.04 Notwithstanding clause 44.01, 44.02 and
44.03, for employees required to provide direct services to the public or to
students:
(a) the normal hours of work may be scheduled between 7:00 a.m. and
10:00 p.m. from Monday to Friday inclusive, and between 8:30 a.m.
and 5:00 p.m. on Saturdays;
(b) the Employer shall set up a master shift schedule for a
fifty-six (56) calendar day period, posted at least fifteen (l5)
calendar days in advance;
(c) the Employer shall schedule for each employee at least two (2)
consecutive days of rest per week. This provision shall be considered to
have been met when two (2) days of rest for an employee are separated
by a designated paid holiday on which the employee is not scheduled to work.
44.05 When an employee who is subject to
clause 44.04 is required to change his or her scheduled shift without
receiving at least five (5) working days' notice in advance of the
starting time of such change in his or her scheduled shift, the employee shall
be paid at the rate of time and one-half (l 1/2) for all hours worked
outside of those which the employee is scheduled to work.
44.06 When employees who are subject to
clause 44.04, provide sufficient advance notice, they may, with the
approval of the Employer, exchange shifts, provided there is no increase in cost
to the Employer.
44.07 Clause 44.04, 44.05 and 44.06 shall not
become operative for the National Library unless it extends its hours of service
to the public.
44.08 Employees shall submit monthly attendance
registers that will specify absences on normal days of work, hours of overtime
and call-back.
44.09 Notwithstanding the provisions of this
Article, upon request of an employee and the concurrence of the Employer, an
employee may complete his or her weekly hours of employment in a period of other
than five (5) full days provided that over a period of fourteen (14),
twenty-one (21) or to twenty-eight (28) calendar days the employee
works an average of thirty-seven and one-half (37 1/2) hours per week.
As part of the provisions of this clause, attendance reporting shall be mutually
agreed between the employee and the Employer. In every averaging period of
fourteen (14), twenty-one (21) or to twenty-eight (28) calendar
days, such an employee shall be granted days of rest on such days as are not
scheduled as a normal work day for the employee.
Notwithstanding anything to the contrary contained in this Agreement, the
implementation of any variation in hours shall not result in any additional
overtime work or additional payment by reason only of such variation, nor shall
it be deemed to prohibit the right of the Employer to schedule any hours of work
permitted by the terms of this Agreement.
44.10 The Employer will provide two (2) rest
periods of fifteen (15) minutes each per full working day except on
occasions when operational requirements do not permit.
ARTICLE 45
WORK YEAR AND HOURS OF WORK FOR THE
ED-EST SUB-GROUP AND EU GROUP
Indian and Northern Affairs Canada
**
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 30th 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.
**
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.
**
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.
**
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.
**
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
Paragraph (a) applies only to ED-EST Sub-group
(a) Unless it is impractical for the Employer to have persons other than
teachers provide lunch hour supervision, the teachers will be relieved of
such supervisory duties.
**
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.
**
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.
Clauses 45.08 to 45.13 apply only to the ED-EST Sub-group
45.08 Teachers Who Work a Twelve (12)-Month Work Year
(a) Guidance and Vocational Counsellors in the Department of Indian and
Northern Affairs Canada shall be on a twelve (12)-month work year and
the work day for such an employee shall be seven and
one-half (7 1/2) hours or such lesser period as the Employer may
schedule.
(b) Notwithstanding the provisions of this Article, upon request of an
employee and the concurrence of the Employer, an employee may complete his
or her weekly hours of employment in a period of other than five (5)
full days provided that over a period of twenty-eight (28) calendar
days the employee works an average of thirty-seven and
one-half (37 1/2) hours per week. As part of the provisions of
this clause, attendance reporting shall be mutually agreed between the
employee and the Employer. In every twenty-eight (28) day period such
an employee shall be granted days of rest on such days as are not scheduled
as a normal work day for him or her.
(c) Notwithstanding anything to the contrary contained in this Agreement,
the implementation of any variation in hours shall not result in any
additional overtime work or additional payment by reason only of such
variation nor shall it be deemed to prohibit the right of the Employer to
schedule any hours of work permitted by the terms of this Agreement.
(d) Employees covered by this clause shall be subject to the variable
hours of work provisions established in the Article 39.
Canadian Coast Guard College
45.09 An employee at the Canadian Coast Guard
College shall be on a twelve (12)-month work year. The normal daily hours
of work shall be scheduled between 7:00 hours and 18:00 hours, Monday
to Friday and shall include not more than four (4) hours of classroom
teaching per day, with the exception of one (1) day only per week where an
employee may be required to provide classroom teaching or to spend other time
with students up to six (6) hours, provided that the total classroom
teaching time does not exceed twenty (20) hours per week.
Correctional Service Canada
45.10
(a) An employee in the Correctional Service Canada shall be on a
twelve (12)-month work year. The work day shall be seven and
one-half (7 1/2) hours or such lesser period as the Employer may
schedule. The work week shall be from Monday to Friday and between the hours
of 7:00 hours and 18:00 hours and no employee shall be assigned
work hours other than between these hours and on these days, except by the
written consent of the employee concerned. Notwithstanding the above, an
employee may accept voluntarily, hours of work between 7:00 hours and
22:00 hours following a request from the Employer.
(b) Rest Periods
The Employer shall schedule two (2) rest periods of
fifteen (15) minutes each during each shift. An employee in the
Correctional Service Canada may be required to take such rest periods at his
or her work location when the nature of his or her duties makes it
necessary.
National Defence
45.11 An employee in the Department of National
Defence shall be on a twelve (12)-month work year and the work day for such
an employee shall be seven and one-half (7 1/2) hours or such lesser
period as the Employer may schedule between 7:00 hours and 18:00 hours
, Monday to Friday.
General
45.12 Subject to operational requirements, a
Principal may be granted time away from classroom duties in accordance with the
following schedule for the purpose of performing administrative and supervisory
duties.
Number of Teachers and
Teacher Aides Supervised |
Administrative and
Supervisory Time |
| From 1 to 3 |
One 40 to 45-minute period per day, or one-half day per week at the
Principal's option |
| From 4 to 6 |
One day per week |
| From 7 to 10 |
2 1/2 days per week |
| 11 or more |
Full time |
45.13 Subject to operational requirements, an
Assistant Principal may be granted time away from classroom duties in accordance
with the following schedule for the purpose of performing administrative and
supervisory duties.
Number of Teachers and
Teacher Aides Supervised |
Administrative and
Supervisory Time |
| From 7 to 10 |
1/2 day per week |
| From 11 to 19 |
Half time |
| 20 or more |
Full time |
**
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.
46.01 Employees shall be on a
twelve (12)-month work year.
46.02 A week shall consist of seven (7)
consecutive days beginning at 00:01 hours Monday morning and ending at
24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at
00:01 hours.
46.03 The normal work week shall be thirty-seven
and one-half (37 1/2) hours, Monday to Friday, and the normal daily
hours of work shall be seven and one-half (7 1/2) consecutive hours,
exclusive of a meal period, between the hours of 7 a.m. and 6:00 p.m.
46.04 Notwithstanding clause 46.03, because of
the operational requirements of the Service, an employee's normal daily hours
of work may be scheduled to extend beyond 6:00 p.m. and/or on a Saturday or
a Sunday but will not be scheduled beyond 10:00 p.m. When hours of work are
scheduled to extend beyond 6:00 p.m. and/or on a Saturday or a Sunday, they
shall be scheduled in such a manner that employees, over a period of not more
than fifty-six (56) calendar days:
(a) work an average of thirty-seven and one-half (37 1/2) hours
and an average of five (5) days per week;
(b) work seven and one-half (7 1/2) consecutive hours per day,
exclusive of a meal period;
(c) obtain an average of two (2) days of rest per week;
(d) obtain at least two (2) consecutive days of rest at a time. Such
two (2) consecutive days of rest may be separated by a designated paid
holiday, and the consecutive days of rest may be in separate calendar weeks.
46.05 Employees whose hours of work are scheduled
pursuant to the provisions of clause 46.04 shall be informed by written
notice of their scheduled hours of work.
46.06 Employees whose hours of work are changed
pursuant to the provisions of clause 46.04 will be advised of such change
by written notice provided fifteen (15) days in advance, except where,
subject to operational requirements as determined by the Employer, such change
must be made on shorter notice.
46.07 When hours of work are scheduled in
accordance with clause 46.04 the Employer will make every reasonable
effort:
(a) to take the employees' preferences into consideration;
and
(b) not to schedule the commencement of a shift within sixteen (16)
hours of the completion of the employee's previous shift.
46.08 Except for employees whose hours of work are
scheduled pursuant to clause 46.03, employees who are required to change
their scheduled hours of work without receiving at least five (5) days'
notice in advance of the starting time of such change, shall be paid for the
first shift worked on the revised schedule at the rate of time and
one-half (1 1/2). Subsequent shifts worked on the revised schedule
shall be paid for at straight time, subject to the overtime provisions of this
Agreement.
46.09 The Employer will, at the request of the
Alliance, consult with the local Alliance representative(s) on work schedules
established pursuant to clause 46.04 when such schedules affect the
majority of the employees in a work unit.
**
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.
46.11 The Employer may authorize that certain tasks
be performed away from the Employer's premises.
**
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.
47.01 Employees shall be granted a pedagogical
break which will include all calendar days between December 25 and
January 2 inclusively. During this period, employees are entitled to
four (4) days of leave with pay, in addition to three (3) designated
paid holidays as provided for under clause 21.01 of this Agreement.
47.02 Should January 2 coincide with an
employee's day of rest or with a day to which a designated paid holiday has
been moved by application of clause 21.03, the day shall be moved to the
employee's first scheduled working day following the pedagogical break.
47.03 If an employee performs authorized work
during the pedagogical break on a day other than a designated paid holiday or a
normal day of rest, he or she shall receive compensation based upon his or her
normal daily rate of pay, in addition to his or her usual pay for the day.
48.01 All employees shall be on a
twelve (12)-month work year and the workday for such an employee shall be
seven and one-half (7 1/2) hours or such lesser period as the Employer
may schedule, Monday to Friday between the hours of 7:00 a.m. and
6:00 p.m.
48.02 The workday for an employee shall commence
and terminate each day at the hours fixed by the Employer and before a schedule
of working hours is changed the change will be discussed with the appropriate
representative of the Alliance if the change will affect a majority of the
employees governed by the schedule.
48.03 Notwithstanding the provisions of this
Article, upon request of an employee and the concurrence of the Employer, an
employee may complete his or her weekly hours of employment in a period other
than five (5) full days provided that over a period of
twenty-eight (28) calendar days the employee works an average of
thirty-seven and one-half (37 1/2) hours per week. As part of the
provisions of this clause, attendance reporting shall be mutually agreed between
the employee and the Employer. In every twenty-eight (28) day period, such
an employee shall be granted days of rest on such days as are not scheduled as a
normal work day for him or her.
Notwithstanding anything to the contrary contained in this agreement, the
implementation of any variation in hours shall not result in any additional
overtime work or additional payment by reason only of such variation, nor shall
it be deemed to prohibit the right of the Employer to schedule any hours of work
permitted by the terms of this agreement.
Employees covered by this clause shall be subject to the variable hours of
work provisions established in the Article 39.
48.04 Rest Periods
Except when operational requirements do not permit, the Employer will provide
two (2) rest periods of fifteen (15) minutes each per full working
day.
49.01 This Article applies only to employees whose
work year is twelve (12) months.
49.02 When an employee works overtime authorized by
the Employer, the employee shall be compensated on the basis of time and
one-half (1 1/2) for all hours worked in excess of seven and
one-half (7 1/2) hours per day.
LS/EU - 49.03 LS and EU Groups
When an employee works overtime authorized by the Employer on his or her
normal day of rest, compensation shall be granted on the basis of time and
one-half (1 1/2) for all hours worked on the first day of rest, and
double (2) time on the second day of rest.
ED - 49.03 ED Group
(a) when an employee is required by the Employer to work overtime on a
normal day of rest, compensation shall be granted on the basis of time and
one-half (1 1/2) for all hours worked,
(b) an employee who is required to work on a second day of rest is
entitled to compensation at double (2) time provided that the employee also
worked on the first day of rest. Second day of rest means the second day in
an unbroken series of consecutive and continuous calendar days of rest.
49.04 All calculations for overtime shall be based
on each completed fifteen (15) minutes.
49.05 Subject to operational requirements, the
Employer shall make every reasonable effort to avoid excessive overtime and to
allocate the requirement to work overtime among readily available qualified
employees who normally perform those duties.
49.06 Except in cases of emergency, call-back or
mutual agreement, the Employer shall, wherever possible, give at least
twelve (12) hours' notice of any requirement for overtime work.
49.07 Overtime shall be compensated in cash except
where, upon the request of an employee and with the approval of the Employer,
overtime may be compensated in equivalent time off with pay.
49.08
(a) The Employer shall grant compensatory leave at times convenient to
both the employee and the Employer.
(b) Effective April 1, 2002, compensatory time off with pay earned in a
fiscal year and outstanding on September 30 of the next following fiscal
year shall be paid at the employee's daily rate of pay on March 31 of the
year during which it was earned.
49.09 The Employer shall endeavour to make cash
payments for overtime in the month following the month in which the credits were
earned.
49.10 When an employee performs authorized overtime
work, time spent by the employee reporting to or returning from work shall not
constitute time worked.
49.11 Meals
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following normal hours of work shall be
reimbursed expenses for one meal in the amount of nine dollars ($9.00),
except where free meals are provided or the employee is on travel status.
(b) When an employee works overtime continuously extending four (4)
hours or more beyond the period provided in paragraph (a), the employee
shall be reimbursed for one additional meal in the amount of nine
dollars ($9.00) for each additional four (4)-hour period of
overtime worked thereafter, except where free meals are provided.
(c) Reasonable time to be determined by the Employer shall be allowed to
the employee in order to take a meal break either at or adjacent to the
employee's place of work, and such time shall be paid at the overtime rate
where applicable.
(d) Paragraphs 49.11(a) and (b) shall not apply to an employee who
is in travel status which entitles the employee to claim expenses for
lodging and/or meals.
This Article applies to employees certified in the Elementary and Secondary
Teaching Sub-Group.
Where the employee is entitled to an allowance provided in clause 50.01,
50.02, 50.03, 50.05 and 50.07 for less than a full work year, the amount of the
allowance will be prorated on the basis of the percentage of the work year he or
she was so employed.
**
Paragraph 50.01 and 50.02 applies only to ED-EST employees whose work
year is twelve (12) months.
**
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 1st of each year:
Effective on the date of signature of this agreement,
| $1,985 |
basic, plus: |
| $ 540 |
for each teacher and teacher aide supervised from 1 to 12, |
| |
and |
| $ 295 |
for each teacher and teacher aide supervised from 13 or more. |
Effective on the July 1, 2005,
| $2,030 |
basic, plus: |
| $ 550 |
for each teacher and teacher aide supervised from 1 to 12, |
| |
and |
| $ 305 |
for each teacher and teacher aide supervised from 13 or more. |
Effective on the July 1, 2006,
| $2,080 |
basic, plus: |
| $ 565 |
for each teacher and teacher aide supervised from 1 to 12, |
| |
and |
| $ 310 |
for each teacher and teacher aide supervised from 13 or more. |
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.
50.02 Assistant Principal's Allowance
An Assistant Principal of a school shall be paid an allowance for
administrative and supervisory responsibilities at an annual rate equal to
one-half of the Principal's allowance specified in clause 50.01 in
accordance with the number of teachers and teacher aides supervised.
**
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.
50.04 Night School Compensation
A teacher shall be paid at his or her normal hourly rate of pay, for every
completed hour of work, for approved scheduled teaching duties which are
performed outside the authorized school hours and which are not part of the
teachers normal work program. This clause does not apply to an employee covered
by Article 49.
**
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
(i) Where a specialist's qualification is recognized by a Provincial
Ministry of Education or College of Teachers that qualification will be
considered to meet the clause requirements.
(ii) In other cases, the training courses required for a specialization
allowance are Post Secondary courses in a subject area within assigned
curriculum; namely university accredited courses and/or recognized training
courses with the written approval of the Principal (Superintendent or Chief
of Education and Training or equivalent). These courses are beyond the basic
requirements for teacher certification. An employee who is assigned to
counselling duties or teaching duties and who has a total cumulative
recognized time of two hundred and seventy (270) hours of additional
training in teachable subject area within the assigned curriculum as defined
in (a) and (b) is eligible for the allowance.
(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.
50.06 Summer School Allowance
An employee may be granted a per diem allowance as determined by the
Employer, for summer school courses where the Employer identifies a departmental
need for the employee to take such courses. The allowance will not be paid in
respect of Saturdays and Sundays.
**
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.
50.08 Limitation
No employee will be paid more than one of the allowances provided in
clause 50.01, 50.02, 50.03 and 50.07 of this Agreement.
51.01 The parties have agreed that in cases where
as a result of technological change the services of an employee are no longer
required beyond a specified date because of lack of work or the discontinuance
of a function, Appendix "B" on Work Force Adjustment will apply.
In all other cases the following clauses will apply.
51.02 In this Article "Technological
Change" means:
(a) the introduction by the Employer of equipment or material of a
different nature than that previously utilized;
and
(b) a change in the Employer's operation directly related to the
introduction of that equipment or material.
51.03 Both parties recognize the overall advantages
of technological change and will, therefore, encourage and promote technological
change in the Employer's operations. Where technological change is to be
implemented, the Employer will seek ways and means of minimizing adverse effects
on employees which might result from such changes.
51.04 The Employer agrees to provide as much
advance notice as is practicable but, except in cases of emergency, not less
than one hundred and eighty (180) days written notice to the Alliance of
the introduction or implementation of technological change when it will result
in significant changes in the employment status or working conditions of the
employees.
51.05 The written notice provided for in
clause 51.04 will provide the following information:
(a) the nature and degree of the technological change;
(b) the date or dates on which the Employer proposes to effect the
technological change;
(c) the location or locations involved;
(d) the approximate number and type of employees likely to be affected by
the technological change;
(e) the effect that the technological change is likely to have on the
terms and conditions of employment of the employees affected.
51.06 As soon as reasonably practicable after
notice is given under clause 51.04, the Employer shall consult meaningfully
with the Alliance concerning the rationale for the change and the topics
referred to in paragraph 51.05 on each group of employees, including
training.
51.07 When, as a result of technological change,
the Employer determines that an employee requires new skills or knowledge in
order to perform the duties of the employee's substantive position, the
Employer will make every reasonable effort to provide the necessary training
during the employee's working hours without loss of pay and at no cost to the
employee.
This article applies only to employees of the Library Science group
52.01 When an employee acts as a sole or joint
author or editor of a publication, the employee's authorship or editorship
shall normally be shown in the title page of such publication.
52.02 Where the Employer wishes to make changes in
material submitted for publication with which the author does not agree, the
author may request that he or she not be credited publicly.
53.01 The Employer shall make every reasonable
effort to accommodate an employee who requests time off to fulfill his or her
religious obligations.
53.02 Employees may, in accordance with the
provisions of this Agreement, request annual leave, compensatory leave, leave
without pay for other reasons or a shift exchange (in the case of a shift
worker) in order to fulfill their religious obligations.
53.03 Notwithstanding clause 53.02, at the
request of the employee and at the discretion of the Employer, time off with pay
may be granted to the employee in order to fulfill his or her religious
obligations. The number of hours with pay so granted must be made up hour for
hour within a period of six (6) months, at times agreed to by the Employer.
Hours worked as a result of time off granted under this clause shall not be
compensated nor should they result in any additional payments by the Employer.
53.04 An employee who intends to request leave or
time off under this Article must give notice to the Employer as far in advance
as possible but no later than four (4) weeks before the requested period of
absence.
54.01 Subject to the willingness and capacity of
individual employees to accept relocation and retraining, the Employer will make
every reasonable effort to ensure that any reduction in the work force will be
accomplished through attrition.
55.01 The Employer shall reimburse an employee for
the employee's payment of membership or registration fees to an organization
or governing body when the payment of such fees is a requirement for the
continuation of the performance of the duties of the employee's position.
55.02 Membership dues referred to in
Article 10, Check-Off, of this Agreement are specifically excluded as
reimbursable fees under this Article.
56.01 It is recognized that certain full-time
indeterminate employees whose hours of work are regularly scheduled on a shift
basis in accordance with the clause 44.04 or 46.04 who receive Shift
Premium (clause 30.01) in accordance with Article 30 (hereinafter
referred to as a shift work employee) are required to attend certain
proceedings, under this collective agreement as identified in
paragraph 56.01(a) and certain other proceedings identified in
paragraph 56.01(b) which normally take place between the hours of
9:00 a.m. to 5:00 p.m. from Mondays to Fridays inclusive.
When a shift work employee who is scheduled to work on the day of that
proceeding and when the proceeding is not scheduled during the employee's
scheduled shift for that day and when the majority of the hours of the employee's
scheduled shift on that day do not fall between the hours of 9:00 a.m. to
5:00 p.m., upon written application by the employee, the Employer shall
endeavor, where possible, to change the shift work employee's shift on the day
of the proceeding so that the majority of the hours fall between 9:00 a.m.
to 5:00 p.m. provided that operational requirements are met, there is no
increase in cost to the Employer and sufficient advance notice is given by the
employee.
(a) Certain Proceedings Under This Agreement
(i) PSSRB Proceedings Clause 14.01, 14.02, 14.04, 14.05 and 14.06
(ii) Personnel Selection Process Clause 22.18
(iii) Contract Negotiation and Preparatory Contract Negotiation Meetings
Clause 14.09 and 14.10
(b) Certain Other Proceedings
(i) Training Courses which the employee is required to attend by the
Employer.
(ii) To write Provincial Certification Examinations which are a
requirement for the continuation of the performance of the duties of the
employee's position.
57.01 This Agreement may be amended by mutual
consent.
**
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 (24th) 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.
58.02 An employee's request under
clause 58.01 must be accompanied or followed as soon as possible by a
medical certificate indicating the expected duration of the potential risk and
the activities or conditions to avoid in order to eliminate the risk. Dependent
upon the particular circumstances of the request, the Employer may obtain an
independent medical opinion.
58.03 An employee who has made a request under
clause 58.01 is entitled to continue in her current job while the Employer
examines her request, but, if the risk posed by continuing any of her job
functions so requires, she is entitled to be immediately assigned alternative
duties until such time as the Employer:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable to
modify her job functions or reassign her.
58.04 Where reasonably practicable, the Employer
shall modify the employee's job functions or reassign her.
58.05 Where the Employer concludes that a
modification of job functions or a reassignment that would avoid the activities
or conditions indicated in the medical certificate is not reasonably
practicable, the Employer shall so inform the employee in writing and shall
grant leave of absence without pay to the employee for the duration of the risk
as indicated in the medical certificate. However, such leave shall end no later
than twenty-four (24) weeks after the birth.
58.06 An employee whose job functions have been
modified, who has been reassigned or who is on leave of absence shall give at
least two (2) weeks notice in writing to the Employer of any change in
duration of the risk or the inability as indicated in the medical certificate,
unless there is a valid reason why that notice cannot be given. Such notice must
be accompanied by a new medical certificate.
58.07 Notwithstanding 58.05, for an officer working
in an institution where she is in direct and regular contact with offenders, if
the Employer concludes that a modification of job functions or a reassignment
that would avoid the activities or conditions indicated in the medical
certificate is not reasonably practicable, the Employer shall so inform the
officer in writing and shall grant leave of absence with pay to the officer for
the duration of the risk as indicated in the medical certificate. However, such
leave shall end no later than at the time the officer proceeds on Maternity
Leave Without Pay or the termination date of the pregnancy, whichever comes
first.
59.01 Up to three decimal seven five (3.75)
hours of reasonable time off with pay will be granted to pregnant employees for
the purpose of attending routine medical appointments.
59.02 Where a series of continuing appointments are
necessary for the treatment of a particular condition relating to the pregnancy,
absences shall be charged to sick leave.
60.01 Nothing in this Agreement shall be construed
to impair in any manner whatsoever the authority of the Master.
60.02 The Master may, whenever he or she deems it
advisable, require any employee to participate in lifeboat or other emergency
drills without the payment of overtime.
60.03 Any work necessary for the safety of the
vessel, passengers, crew or cargo shall be performed by all employees at any
time on immediate call and, notwithstanding any provisions of this Agreement
which might be construed to the contrary, in no event shall overtime be paid for
work performed in connection with such emergency duties of which the Master
shall be the sole judge.
60.04 When an employee suffers loss of clothing or
personal effects (those which can reasonably be expected to accompany the
employee aboard the ship) because of marine disaster or shipwreck, the employee
shall be reimbursed the value of those articles up to a maximum of three
thousand dollars ($3,000) based on replacement cost.
60.05
(a) An employee shall submit to the Employer a full inventory of his or
her personal effects and shall be responsible for maintaining it in a
current state.
(b) An employee or the employee's estate making a claim under this
Article shall submit to the Employer reasonable proof of such loss, and
shall submit an affidavit listing the individual items and values claimed.
61.01 The Employer shall grant ED-EST and EU
employees who work a ten-month (10) work year up to fifteen (15) hours
of leave with pay within each school year for personal reasons, at a time
requested by the employee, provided the employee gives the Employer advance
notice prior to the commencement of the leave of at least five (5) working
days.
**
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 (1st) day of the month following the second (2nd)
anniversary of the employee's first year of service.
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.
**
63.01 The provisions of this Agreement will expire
on June 30, 2007.
63.02 Unless otherwise expressly stipulated, the
provisions of this agreement shall become effective on the date it is signed.
Signed at Ottawa this 14th day of the month of March 2005.
THE TREASURY BOARD
OF
CANADA |
|
THE PUBLIC SERVICE
ALLIANCE OF
CANADA |
Display full size graphic
|
