Program and Administrative Services - Table 1 PA (AS, CM, CR, DA, IS, OE, PM, ST, WP)

Program and Administrative Services

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

PART I - GENERAL PROVISIONS

ARTICLE 2
INTERPRETATION AND DEFINITIONS

Excluded Provision

The definition of overtime does not apply to certain employees of the Translation Bureau (Appendix "B").

2.01

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"common-law partner" means a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year (conjoint de fait),

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"spouse" will, when required, be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directives (époux),

ARTICLE 7
NATIONAL JOINT COUNCIL AGREEMENTS

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7.03

(a) The following directives, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Agreement:

**ARTICLE 8
DENTAL CARE PLAN

8.01 The Dental Care plan as contained in the Master Agreement between the Treasury Board and the Public Service Alliance of Canada, with an expiry date of June 30, 1988, and as subsequently amended from time to time, shall be deemed to form part of this Agreement.

PART II - UNION SECURITY AND STAFF RELATIONS MATTERS

**ARTICLE 15
LABOUR DISPUTES

15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

ARTICLE 19
NO DISCRIMINATION

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19.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Alliance, marital status or a conviction for which a pardon has been granted.

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19.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information and Privacy Act.

ARTICLE 20
SEXUAL HARASSMENT

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20.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information and Privacy Act.

PART III - WORKING CONDITIONS

ARTICLE 25
HOURS OF WORK

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25.23 Variable Shift Schedule Arrangements

(a) Notwithstanding the provisions of clauses 25.06 and 25.13 to 25.22 inclusive, consultation may be held at the local level with a view to establishing shift schedules which may be different from those established in clauses 25.13 and 25.17. Such consultation will include all aspects of arrangements of shift schedules.

(b) Once a mutually acceptable agreement is reached at the local level, the proposed variable shift schedule will be submitted at the respective Employer and Alliance Headquarters levels before implementation.

(c) Both parties will endeavour to meet the preferences of the employees in regard to such arrangements.

(d) It is understood that the flexible application of such arrangements must not be incompatible with the intent and spirit of provisions otherwise governing such arrangements. Such flexible application of this clause must respect the average hours of work over the duration of the master schedule and must be consistent with the operational requirements as determined by the Employer.

(e) Employees covered by this clause shall be subject to the Variable Hours of Work provisions established in clauses 25.24 to 25.27, inclusive.

25.27 Specific Application of this Agreement

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(h) Leave

**ARTICLE 27
SHIFT AND WEEKEND PREMIUMS

Excluded provisions

This Article does not apply to employees on day work, covered by clauses 25.06 to 25.12 inclusive.

27.01 Shift Premium

An employee working on shifts, will receive a shift premium of two dollars ($2.00) 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.

27.02 Weekend Premium

(a) An employee working on shifts during a weekend will receive an additional premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.

(b) Where Saturday and Sunday are not recognized as the weekend at a mission abroad, the Employer may substitute two (2) other contiguous days to conform to local practice.

ARTICLE 31
RELIGIOUS OBSERVANCE

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31.04 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, unless, because of unforeseeable circumstances, such notice cannot be given.

ARTICLE 32
TRAVELLING TIME

32.08 Travel Status Leave

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(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted seven decimal five (7.5) hours of time off with pay. The employee shall be credited with one additional seven decimal five (7.5) hours of time off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.

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(d) The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars, unless the employee is required to attend by the Employer.

PART IV - LEAVE PROVISIONS

ARTICLE 33
LEAVE GENERAL

33.01

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(b) Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day.

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

ARTICLE 34
VACATION LEAVE WITH PAY

34.17 Appointment from a Separate Employer

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

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34.18

(a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1^st) day of the month following the employee's second (2^nd) anniversary of service, as defined in clause 34.03.

(b) Transitional Provisions

Effective on March 14, 2005, employees with more than two (2) years of service, as defined in clause 34.03, shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.

(c) The vacation leave credits provided in clauses 34.18(a) and (b) above shall be excluded from the application of paragraph 34.11 dealing with the Carry-over and/or Liquidation of Vacation Leave.

ARTICLE 38
MATERNITY LEAVE WITHOUT PAY

38.02 Maternity Allowance

(a)

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ARTICLE 39
MATERNITY-RELATED REASSIGNMENT OR LEAVE

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

ARTICLE 40
PARENTAL LEAVE WITHOUT PAY

40.01 Parental Leave Without Pay

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

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

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

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

40.02 Parental Allowance

(a)

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(c)

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ARTICLE 41
LEAVE WITHOUT PAY FOR THE CARE OF IMMEDIATE FAMILY

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41.02 For the purpose of this article, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of the spouse or common-law partner) parents (including stepparents or foster parents) or any relative permanently residing in the employee's household or with whom the employee permanently resides.

ARTICLE 43
LEAVE WITH PAY FOR
FAMILY-RELATED RESPONSIBILITIES

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43.01 For the purpose of this Article, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner), parents (including step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.

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43.03 Subject to clause 43.02, the Employer shall grant leave with pay under the following circumstances:

(a) to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;

(b) to provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;

(c) to provide for the immediate and temporary care of an elderly member of the employee's family;

(d) for needs directly related to the birth or to the adoption of the employee's child.

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43.04 Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under 43.03(b) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

ARTICLE 45
LEAVE WITHOUT PAY FOR RELOCATION OF SPOUSE

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45.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse or common-law partner is permanently relocated and up to five (5) years to an employee whose spouse or common-law partner is temporarily relocated.

ARTICLE 46
BEREAVEMENT LEAVE WITH PAY

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46.01 For the purpose of this Article, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee, grandchild, grandparent, father-in-law, mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently resides.

PART V - OTHER TERMS AND CONDITIONS OF EMPLOYMENT

**ARTICLE 58
PENOLOGICAL FACTOR ALLOWANCE

General

58.01 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.

58.02 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.

58.03 The payment of the allowance for the Penological Factor is determined by 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

58.04

Application of PFA

58.05 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 58.02 above are applicable.

58.06 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 Alliance.

58.07 Except as prescribed in clause 58.10 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.

58.08 Except as provided in clause 58.09 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.

58.09 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.

58.10 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.

58.11 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

58.12 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.

ARTICLE 59
OFFENDER SUPERVISION ALLOWANCE

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59.02 The value of the Offender Supervision Allowance is one thousand eight hundred dollars ($1800) per annum. This allowance shall be paid on the same basis as the employee's regular pay. An employee shall be entitled to receive the allowance for any month in which he or she receives a minimum of ten (10) days' pay in a position to which the allowance applies.

**ARTICLE 61
DANGEROUS GOODS

61.01 An employee certified pursuant to the Transportation of Dangerous Goods Act and who is assigned the responsibility for packaging and labeling 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, for each month where the employee maintains such certification.

PART VII - PAY AND DURATION

ARTICLE 64
PAY ADMINISTRATION

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64.03

(a) The rates of pay set forth in Appendix "A-1" shall become effective on the dates specified.

(b) Where the rates of pay set forth in Appendix "A-1" have an effective date prior to the date of signing of this Agreement, the following shall apply:

(v) no payment or no notification shall be made pursuant to paragraph 64.03 (b) for one dollar ($1.00) or less.

ARTICLE 66
DURATION

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66.01 This Agreement shall expire on June 20, 2007.

**APPENDIX "A-1"

AS - ADMINISTRATIVE SERVICES GROUP
ANNUAL RATES OF PAY
(in dollars)

A) Effective June 21, 2003
B) Effective June 21, 2004
C) Effective June 21, 2005
D) Effective June 21, 2006

**APPENDIX "A-1"

CM - COMMUNICATIONS GROUP
ANNUAL RATES OF PAY
(in dollars)

A) Effective June 21, 2003
B) Effective June 21, 2004
C) Effective June 21, 2005
D) Effective June 21, 2006