Key Changes to PSAC Collective Agreements - 2005

Key Points

Remarks

List of Directives

The titles of directives, policies and regulations contained in the previous agreements were updated.

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Common-law partner

A new definition which replaces the terminology of 'common-law spouse'.  This change is reflected throughout the agreements. 

This has made the definition consistent with the language of the NJC.

Spouse

This word will, when required, be interpreted to include 'common-law partner', with some exceptions noted.

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Remarks

Modification of the name of the article

The title of the article has been changed to better reflect its content and to bring it in line with the other PSAC agreements.

The change to the language is editorial.   For the PA Group, the words "other employers" are replaced with "another employer".

For the SV Group, the words "provincial, municipal, commercial or industrial" are replaced with "another employer".

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.01

Addition of the word ethnic

The modified language has added one additional ground of discrimination – ethnic origin.

This reflects the grounds of discrimination as defined in the Canadian Human Rights Act.  It is also in line with the French text of previous rounds.

.04

Investigation Report

The new language provides access to the investigation report upon request subject to the Access to Information Act and the Privacy Act.

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Investigation Report

The new language provides access to the investigation report upon request subject to the Access to Information Act and the Privacy Act.

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All leave with pay provisions 

All the relevant leave with pay provisions have been converted from days to hours. 

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Notice for leave

• The language has been modified to make it in line with the other PSAC tables.

• The language for the PA and SV groups also reflects that the notice period can be waived because of unforeseeable circumstances.

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Granting of time off with pay

Please note that there are specific exclusions in both the TC and SV collective agreements.  In addition, this leave does not apply where a Memorandum of Understanding specifically excludes the application of the Travel Time article.

Language has been modified to reflect total number of hours instead of days.  In some cases, amount has been increased:

PA:  7.5 hours – remained same

SV:  8 hours or 7.5 where the standard work week is 37.5

TC:  15 hours – used to be 1 day

Training

Language in the PA and TC agreements has been modified to include situations where the Employer requires the employee to attend the courses, training sessions, professional conferences and seminars. 

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Remarks

Leave with pay – one time credit

New language providing employees with a one-time credit of 37.5 hours of vacation leave with pay on the first day of the month following the employee's second anniversary.  For employees whose standard work week is forty (40) hours, the one time entitlement will be forty (40) hours of vacation leave.

This one-time credit is excluded from the application of the carry-over and/or liquidation of vacation leave.

61.02 - ED-EST and EU Groups – 10 month work year

New language providing these groups with 37.5 hours of leave with pay for personal reasons on the first day of the month following the employee's second anniversary.

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Remarks

Modification for maternity allowance – Return to work obligation 

The return to work obligation under the Maternity Allowance provision was revised to allow term employees to fulfil their obligation in any portion of the Public Service of Canada specified in Part I Schedule I of the Public Service Staff Relations Act.  Please note that the reference is now Schedule I and IV of the FAA.

The period within which a term employee may be rehired in order to complete their employment obligations has increased to 90 days.

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Remarks

Work Place Committee or Health and Safety Representative

 Language modified in accordance with the Canada Labour Code.  If employee gives consent, the appropriate work place committee or the health and safety representative will be informed.

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 Period of parental leave

Subject to the discretion of the Employer and at the request of the employee, the period of parental leave can be taken in two (2) periods.

 Hospitalization

The leave may now end no later than 104 weeks (previous agreement had 52 weeks)  after it commences when the employee's child is hospitalized. 

Request

Notification is now based on the commencement of the leave.

Parental Allowance - Return to work obligation

The return to work obligation has been revised to allow term employees to fulfil their obligation in any portion of the Public Service of Canada specified in Part I Schedule 1 of the Public Service Staff Relations Act.  Please note that the reference is now Schedule I and IV of the FAA.

The period within which a term employee may be rehired in order to complete their employment obligations has increased to 90 days.

Employment Insurance Act

The wording has been modified to reflect the changes in the Employment Insurance Act.

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PA 42.01
SV 41.01
TC 46.01
EB 22.01 

Confirms that the leave is to be taken in one single period.

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Total Period

The total period of leave granted under this article remains 37.5 hours.

For employees in the SV collective agreement, the total leave with pay granted under this article shall not exceed 37.5 hours in a fiscal year where the standard work week is 37.5 hours; 40 hours in a fiscal year where the standard work week is 40 hours; 42 hours in a fiscal year where the standard work week is 42 hours; 46.6 hours in a fiscal year where the standard work week is 46.6 hours.

Different circumstances – removal of maximum

Removal of one day maximum to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies.

Removal of two days maximum for needs directly related to the birth or to the adoption of the employee's child.

Compensatory Leave

New language permitting the displacement of compensatory leave in cases of illness in the family.

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PA 53.02
SV 52.02
TC 49.01
EB 22.17 

Confirms that the leave is to be taken in one single period.

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Purpose modified

Removal of wording referring to exposure to immediate hazards.  The focus is on the custody of inmates.

Amount of PFA

Degrees of exposure provisions are eliminated.  The allowance for multi-level institutions is determined by the highest security level.

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Remarks

New provision

Dangerous Goods Allowance

This provision introduces a new daily allowance of $3.50 to a maximum of  $75. per month for employees who are certified pursuant to the Transportation of Dangerous Goods Act and who are assigned the responsibility for packaging and labelling dangerous goods for shipping in accordance with the Act.

Please note that there is no daily allowance for the GS group.  The variation to the article is contained in the SV collective agreement, General Services, Appendix C, article 6.01.

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Remarks

Rate of Pay for CBSA employees 

Employees whose rate of pay on appointment to CBSA is lower than the maximum rate of pay for their group and level will be paid at the rate of pay that is closest to, but no less than, the relevant rates of pay that are contained in Appendix A of the collective agreement.  Subsequently, the employee will receive annual economic increases as provided above.

Employees whose rate of pay on appointment to CBSA is higher than the maximum rate of pay for their group and level will see their rate of pay maintained.  The employees will then receive the value of their economic increase in the form of a lump sum, paid by-weekly on their regular pay cheque.

Once the employee's rate of pay becomes lower than the maximum rate of pay for their group and level, the employee will then be entitled to a combination of increase to their rate of pay and lump sum, equivalent to the value of the applicable economic increase.

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New Memorandum of Understanding

The Employer agrees not to enter into collective bargaining with respect to the PA, SV, TC and EB bargaining units' rates of pay related to classification review during the life of the present agreement.

Once notice to bargain has been served to renew the agreement, the parties can enter into such negotiations.

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Remarks

New Memorandum of Understanding 

The parties included a new Memorandum of Understanding in respect of the PA, SV, TC and EB bargaining units for the creation of a joint governance committee to administer the PSAC-TBS Joint Learning Program.

The Employer will provide funding for the joint learning program. 

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Remarks

New Memorandum of Understanding 

The parties included a new Memorandum of Understanding in respect of the PA, SV, TC and EB bargaining units in which they agree to form a joint committee to review the work force adjustment provisions. 

Please note that it applies to the EB bargaining unit although the Memorandum of Understanding was not included in the collective agreement.  The MOU has been posted on the TBS website with the collective agreements.

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New Memorandum of Understanding 

The parties included a new Memorandum of Understanding in respect of the PA, SV, TC and EB bargaining units.  It is understood that the parties shall implement the provisions of the collective agreements within a period of 150 days from the date of signing.

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Remarks

New Letter to Ms. Turmel 

The parties included an Appendix in respect of the PA, SV, TC and EB bargaining units.  This contains a letter to Ms. Turmel on the procedure for disclosure of wrongdoings in the public sector.  This letter will remain in force until the Bill C-11 becomes law.

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New Memorandum of Understanding 

The parties included a new Memorandum of Understanding in respect of the PA, SV, TC and EB bargaining units.  Creation of a joint committee to examine the desirability for the Employer to eventually participate in the funding of the Social Justice Fund.

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PA – Article 64.03

SV – Article 61.03

TC – Article 65.03

EB – Article 26.03

This amended article reflects the change which was effected in 2003 in the method of implementing retroactive upward revisions in pay rates.

For all groups

Please see Pay Notes for details

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25.23
Variable Shift Schedule Arrangements

Editorial Change – removed reference to 25.05 and replaced by 25.06

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Remarks

Change in title 

The title was changed to reflect the content of the article.  The content of the article remained the same.

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59.02
Value of the Allowance

The value of the Offender Supervision Allowance was increased to $ 1,800 per annum on the date of signing (March 14, 2005).

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Compensatory leave

Expanded definition.  Time worked on a designated paid holiday; call back pay; reporting pay, and; standby pay may now be compensated in compensatory leave with pay.

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New clause 14.14

This provides for the granting of leave without pay to an employed elected as a full-time official of the Alliance.

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25.01 (c) and (d)
New definitions

The agreement now defines what constitutes a "shift" and a "shift schedule".

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Remarks

New exclusion 

The purpose of this new exclusion is to clearly define the types of situations where employees are or are not entitled to shift and weekend premiums.

Amended clause 27.02

Clause 27.02 has been amended to specify that employees working on Saturday or Sunday are entitled to the weekend premium unless their regular hours of work are scheduled from Monday to Friday.

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Amended clauses 29.08, 33.07

New clause 30.02, 31.03, 32.09

Compensatory Leave

Where applicable, deletion of the existing language on Compensatory Leave and introduction of a new or amended language stating that the Compensatory Leave provisions are now standardized and are dealt with in Article 62.

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Remarks

Deletion of former paragraphs 32.07 (b) and (d) – Lieu days

A provision on the displacement of a Designated Paid Holiday is no longer necessary now that we have expanded the application of Compensatory Leave.

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33.08 Travel Status Leave

Paragraphs (a) and (b) were changed to reflect the conversion from days to hours.

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Remarks

Excluded provisions changed with respect to FR group

In the expired agreement, only clause 35.16 applied to the FR group.  The rest of the provisions for the FR group dealing with Vacation Leave with Pay were covered in Appendix "A".  In the new agreement, all the FR Vacation Leave with Pay provisions are covered in Article 35 except for the provision on Accumulation of Vacation Leave Credits which is still covered in Appendix "A".

35.05 Scheduling and Granting of Vacation Leave with Pay

The reference to cancelling previously approved furlough leave has been eliminated. 

A new paragraph has been introduced dealing with the possibility of vacation leave of two weeks or more to start following a period of rest days.

35.11 Carry-over and/or Liquidation of Vacation Leave (New clause)

This new language already found in other collective agreements places a cap on the amount of Vacation Leave that can be carried-over into the following vacation year.  The effective date of this new clause is April 1, 2005.

Key Points

Remarks

New article

This article does not apply to the SC group 

The purpose of this article is to combine in one single area all the language on Compensatory Leave.

The reference in clause 62.01 (a) to Designated Paid Holidays does not apply to the FR group

Clause 62.01 allows for Compensatory Leave to be granted as compensation for Standby pay, Reporting Pay and Call-back Pay.  It also provides for employees requesting the cashing out of Compensatory Leave.

Clause 62.02 allows for the substitution of periods of Compensation Leave by Bereavement Leave with Pay, Leave with Pay because of illness in the immediate family or sick leave.

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New article in main body of the agreement

The purpose of this article is to combine in one single area all the language on Transportation Expenses.  It existed in the expired agreement for some groups only and when it did, it was described in the Appendix specific to that group.  It allows for Transportation Expenses to be granted when employees are required to report to work. 

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Remarks

Elimination of majority of Article 1

Except for clauses 1.01 and 1.02 dealing with the Accumulation of Vacation Leave, the rest of the Vacation Leave provisions are now contained in Article 35 of the Agreement.

The old clause 1.02 is deleted and replaced by a new one specifying that with respect to the application of clause 35.02.2, for firefighters where the standard work week is 42 hours, the entitlement is 42 hours of vacation leave with pay.

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Article 1 - Vacation Leave

Except for the clause on Furlough Leave, the rest of the provisions dealing with Vacation Leave are now contained in Article 35 of the Agreement.

New Pay Notes

1. Employees working as Painters, Bricklayers, Stonemasons and Plasterers who were paid under the Precision Working Sub-Group grid in the expired agreement will now be paid under the Painting & Construction Finishing Sub-Group grid.

2. There has been some restructuring of the pay grid in order to close the gap between the salaries paid to employees of the GL group and the going rate of the market.

Key Points

Remarks

Elimination of Article 1 

The vacation leave provisions are now contained in Article 35 of the Agreement.

Restructuring 

There has been some restructuring of the pay grid in order to close the gap between the salaries paid to employees of the GS group and the going rate of the market.

Key Points

Remarks

Elimination of article 2 

The provisions dealing with Vacation Leave are now contained in Article 35 of the new agreement.

Elimination of clause 5.03 

The provision dealing with the time spent by an employee reporting to work or returning to the employee's residence is now contained in Article 67 of the Agreement.

Restructuring 

There has been some restructuring of the pay grid in order to close the gap between the salaries paid to employees of the HP group and the going rate of the market.

Key Points

Remarks

Elimination of old article 1 

The provisions dealing with Vacation Leave are now contained in Article 35 of the new agreement.

Restructuring

There has been some restructuring of the pay grid in order to close the gap between the salaries paid to employees of the HS group and the going rate of the market.

Elimination of pay rates

The special pay provisions dealing with rates paid to an Orderly-in-training or to a Cook-in-training have been eliminated. 

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Remarks

Elimination of clauses 1.04, 1.06, 1.07, 1.08, 1.09 and 1.10
Former clause 1.05 is now clause 1.04

Some of the provisions dealing with Vacation Leave are now contained in Article 35 of the new agreement.

Restructuring 

There has been some restructuring of the pay grid in order to close the gap between the salaries paid to employees of the LI group and the going rate of the market.

Elimination of pay notes

The pay notes have been eliminated.

Key Points

Remarks

Clause 1.01

New definition of Compensatory Leave

Clause 2.03

Amended language in paragraph (f) dealing with Compensatory Leave including the removal of the cap on the accumulation of Compensatory Leave

Old Article 3 is deleted

Provisions on Transportation Expenses are now dealt with in Article 67 of the Agreement

New Article 3 – Vacation Leave with Pay

Elimination of certain clauses that are now dealt with in Article 35 of the Agreement

Article 9 – Telephone Calls

Small changes concerning the admissibility to a long-distance phone call

Article 14 – Standby

Allowing compensation for Standby to accumulate as Compensatory Leave

Article 16 – Security Duty

Allowing compensation for Security Duty to accumulate as Compensatory Leave

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Remarks

New Article – Nuclear Emergency Response Team 

Introduction of a monthly allowance of  $150 for Ships Crews working at CFB Esquimalt and CFB Halifax for being a member of a Nuclear Emergency Response Team

Annex A - Restructuring

There has been some restructuring of the pay grid in order to close the gap between the salaries paid to employees of the SC group and the going rate of the market.

Annexes B, C, D and E 

Modification of the language on Compensatory Leave

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Restructuring

There has been some restructuring of the pay grid in order to close the gap between the salaries paid to employees of the PR group and the going rate of the market.

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2.01
Compensatory Leave

Work performed on a designated paid holiday, reporting pay and standby pay may now be compensated in compensatory leave with pay.

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Remarks

12.01 Bulletin Boards

This clause has been slightly modified to add a reference to electronic bulletin boards where they are available.

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Remarks

28.02 and 29.04 

The clause about overtime or call-back pay being compensated in equivalent leave with pay now provides for the request for such a form of compensation to be made by the employer.  Concurrence of the employee is required.

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30.06, 31.06 and 2.06 of Appendix B – New clauses 

These new clauses provide for compensation for Standby or Reporting Pay to be made in equivalent leave with pay at the request of either the employee or the employer.

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32.05 

The clause is now specific as to which hours are compensated at time and one-half and which are at double time.

32.10 

Elimination of lieu days as a result of the introduction of Compensatory Leave.

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38.02
Furlough Leave

Elimination of the clause on Furlough Leave. 

38.08
Carry-Over and Liquidation of Vacation Leave

In addition to stating the maximum carry-over in hours instead of days, the clause now gives a specific date to be used when calculating the accumulated leave maximum for employees who had more leave than the allowable maximum at the time of the introduction of the clause on accumulated leave maximum.

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EG, GT and TI Groups 

The pay rates and related pay notes for EG, GT and TI employees paid at the Technological Institute Recruitment Level have been eliminated.

New Allowance – PI Group

In order to close the gap between Grain Inspectors and Grain Handlers working in B.C., effective October 1, 2004, a new allowance of $2,000 per year for the performance of Grain Inspectors duties shall be added to the pay of incumbents of PI-1 to PI-6 level positions located in Vancouver and Prince Rupert. 

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Remarks

Title change 

There has been a title change to reflect the new name "Defence Research and Development Canada"

Clause 4.(a) 

The entitlement to the diving allowance has been restricted to employees qualified as "clearance divers" or "ship's divers".

The amount payable as a diving allowance has been increased to $111 per month, $166 per month after 3 years and $201 per month after 6 years.

The allowance payable to an employee who participates on a casual basis in a dive has been eliminated.

Article 5

The additional amounts payable to employees that are participating in an experimental saturation dive and subsequent decompression have been increased to $31.17, $51.90 and $74.18 respectively.

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Technical Inspection Group

The terminable allowance already paid to incumbents of specific positions in the TI Group has been renewed until June 21, 2007.

The entitlement to the allowance is based on the employee having received at least 10 days' pay in the month for which the allowance is paid. 

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Remarks

Travel Status Leave – Clause 34.09 of the Agreement 

Employees covered under the Special Assignment Allowance for helicopter operations north of fifty-five degrees latitude north are subject to the Travel Status Leave of Clause 34.09 of the Agreement.

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23.19 – New Provision

Introduction of a departmental continuous learning consultation committee which can be held through the existing Joint Consultation Committee.  The purpose of this committee is to provide information, discuss the application of policy and promote understanding and review problems.

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45.01 – 45.13 – Employees who work a Ten (10) month work year

with the two exceptions noted below

This article used to apply to teachers of INAC only.  It now applies to all employees of INAC with the two exceptions noted below. 

45.01(c) 

This article applies only to ED-EST sub-group of INAC

45.06(b)

This article applies only to EU Group of INAC

45.14 – 45.19 – Employees of the EU Group who work a twelve (12) month work year

The title has been clarified to reflect the wording of the articles

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46.10 – Hours of teaching

New language which now includes remote/direct contact in the calculation of hours of teaching

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Expansion of application of article

This article now also applies to employees in the Education Services ED-EDS sub-group employed at National Defence Canada who regularly teach.

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Paragraph 50.01 and 50.02

This is now restricted to ED-EST employees whose work year is twelve (12) months

50.01 – Principal's Allowance

Gradual increase of the principal's allowance on date of signature; effective on July 1, 2005 and finally effective on July 1, 2006. 

50.03 – Department Head's Allowance

Gradual increase of the department head's allowance on date of signature; effective on July 1, 2005 and finally effective on July 1, 2006.

50.05 – Allowance for Teachers of Specialist Subjects

Aligning with the provincial Ministry of Education and opening up the fields of specialization to be eligible for the allowance.

Gradual increase of the allowance on date of signature; effective on July 1, 2005 and finally effective on July 1, 2006.

Please note that this paragraph has been given grandfather protection and is subject to specific limitations.  Please refer to article.

50.07 – One-Room School Allowance

Gradual increase of the allowance on date of signature; effective on July 1, 2005 and finally effective on July 1, 2006.

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 EU Pay Notes

These pay notes reinstore the old EU pay notes that were deleted during the previous round.

ED-EST Pay Notes

These pay notes reflect the creation of the new pay grids for INAC 10 month ED-EST employees in Ontario and Alberta

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New Memorandum Of Understanding

The parties agree to the establishment of a Local Class Size Committee and a Regional Class Size Committee in each community where federal INAC schools are located.

The purpose of the Local Class Size Committee is to provide an annual opportunity for a committee of teachers to review the projected enrolment and the planned class placement of students and to make recommendations to the Principal or to the respective Superintendent of Education or Director of Education where staffing concerns cannot be addressed at the school level.

The Regional Class Size Committee shall be given the opportunity to make a documented presentation for additional professional staffing to the Regional Human Resource Management Committee.

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New Memorandum of Understanding

The parties agree to establish a joint committee to review the professional qualifications of teachers and supervisory personnel as well as the existing definitions related to "teacher education" and finally to review the regional pay grids.

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New Memorandum of Understanding

The parties will form a joint committee to review issues of concern as well as assess specific and global needs of the groups and sub-groups associated with continuous learning.

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New Letter of Understanding

The parties agree to conduct a study to compare the compensation of the ED-EST who work for a period of 12 month with the total compensation of teachers in provinces.