1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Association, to set forth certain terms and conditions of employment
relating to remuneration, hours of work, employee benefits and general working
conditions affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to improve
the quality of the Public Service of Canada to maintain professional standards
and to promote the well-being and increased efficiency of its employees to the
end that the people of Canada will be well and effectively served. Accordingly,
they are determined to establish, within the framework provided by law, an
effective working relationship at all levels of the Public Service in which
members of the bargaining unit are employed.
2.01 For the purpose of this Agreement:
"allowance" means compensation payable for the
performance of special or additional duties (« indemnité »);
"Association" means the Canadian Association
of Professional Employees (« Association »);
"bargaining unit" means all the employees of the
Employer, classified as ES or SI, in the Economics and Social Science Services
Group, as described in the certificate issued by the PSLRB on the 17th
day of December 2003 (« unité de négociation »);
"common law partner" means a person living in a
conjugal relationship with an employee for a continuous period of at least one
year (« conjoint de fait »);
"compensatory leave" means leave with pay in lieu
of cash payment for overtime, work performed on a designated paid holiday,
travelling time compensated at overtime rate, reporting pay and call-back. The
duration of such leave will be equal to the time compensated or the minimum time
entitlement multiplied by the applicable overtime rate. The rate of pay to which
an employee is entitled during such leave shall be based on the employee's
hourly rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment on the day immediately prior to the day on
which leave is taken (« congé compensateur »);
"continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of Employment
Regulations on the date of the signing of this Agreement (« emploi continu
»);
"daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (« taux de rémunération journalier »);
"day" means a twenty-four (24) hour period
commencing at 00:01 hour (« jour »);
"day of rest" in relation to an employee means a
day other than a holiday on which that employee is not ordinarily required to
perform the duties of his or her position other than by reason of being on leave
or absent from duty without permission (« jour de repos »);
"double time" means two (2) times the employee's
hourly rate of pay (« tarif double »);
"employee" means a person who is a member of the
bargaining unit (« employé ou employée »);
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorized to
exercise the authority of the Treasury Board (« Employeur »);
"headquarters area" has the same meaning as given
to the expression in the Travel Directive (« zone d'affectation »)
"holiday" (« jour férié ») means:
(a) the twenty-four (24)-hour period commencing at 00:01 hours of a day
designated as a paid holiday in this Agreement;
(b) however, for the purpose of administration of a shift that does not
commence and end on the same day, such shift shall be deemed to have been
entirely worked:
(i) on the day it commenced where half (1/2) or more of the hours worked
fall on that day,
or
(ii) on the day it terminates where more than half (1/2) of the hours
worked fall on that day;
"hourly rate of pay" means a full-time employee's
weekly rate of pay divided by 37.5 (« taux de rémunération horaire »);
"lay-off" means the termination of an employee's
employment because of lack of work or because of the discontinuance of a
function (« mise en disponibilité »);
"leave" means authorized absence from duty by an
employee during his or her regular or normal hours of work (« congé »);
"membership dues" means the dues established
pursuant to the constitution of the Association as the dues payable by its
members as a consequence of their membership in the Association, and shall not
include any initiation fee, insurance premium, or special levy (« cotisations
syndicales »);
"overtime" (« heures supplémentaires ») means:
(a) in the case of a full-time employee, authorized work in excess of the
employee's scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work in excess of seven
and one-half (7 1/2) hours per day or thirty-seven and one-half (37 1/2) hours
per week, but does not include time worked on a holiday,
or
(c) in the case of a part-time employee whose normal scheduled hours of work
are in excess of seven and one-half (7 1/2) hours per day in accordance with the
Variable Hours article (Appendix "B"), authorized work in excess of
those normal scheduled daily hours or in excess of an average of thirty-seven
and one-half (37 1/2) hours per week;
**
"PSLRA" means the Public Service Labour
Relations Act (« LRTFP »);
**
"PSLRB" means the Public Service Labour Relations
Board (« CRTFP »);
"remuneration" means pay and allowances («
rémunération »);
"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 Directive (« époux »);
"straight-time rate" means the employee's hourly
rate of pay (« tarif normal »);
"time and one-half" means one and one-half (1 1/2)
times the employee's hourly rate of pay (« tarif et demi »);
"weekly rate of pay" means an employee's annual
rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »);
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement:
(a) if defined in the PSLRA, have the same meaning as given to them
in the PSLRA,
and
(b) if defined in the Interpretation Act, but not defined in the PSLRA,
have the same meaning as given to them in the Interpretation Act.
3.01 The provisions of this Agreement apply to the
Association, employees and the Employer.
3.02 Both the English and French texts of this Agreement
shall be official.
3.03 In the French text, to ensure that the language of this
agreement is gender neutral (with the exception of clauses 21.03, 21.04 and
21.05 as well as articles 49 and 51), the words « employé » and « employée
» have been used in alternation from one article to another.
Unless otherwise expressly stipulated, the provisions of this agreement apply
equally to male and female employees.
4.01 Nothing in this Agreement shall be construed to require
the Employer to do or refrain from doing anything contrary to any instruction,
direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied
or associated with Canada.
5.01 In the event that any law passed by Parliament,
applying to employees covered by this Agreement, renders null and void any
provision of this Agreement, the remaining provisions of the Agreement shall
remain in effect for the term of this Agreement.
6.01 Except to the extent provided herein, this Agreement in
no way restricts the authority of those charged with managerial responsibilities
in the Public Service.
7.01 The Employer recognizes the Association as the
exclusive bargaining agent for all employees described in the certificate issued
by the PSLRB on the 17th day of December 2003 covering employees of
the Economics and Social Science Services Group.
8.01 The Employer acknowledges the right of the Association
to appoint or otherwise select employees as representatives.
8.02 The Employer and the Association shall, by mutual
agreement, determine the area to be serviced by each representative.
8.03 The Association shall notify the Employer in writing of
the name and jurisdiction of its representatives identified pursuant to clause
8.02.
8.04 A representative shall obtain the permission of his or
her immediate supervisor before leaving work to investigate employee complaints,
to meet with local management for the purpose of dealing with grievances and to
attend meetings called by management. Upon the resumption of the normal duties
of the representative, he or she shall report back to the supervisor, where
practicable.
8.05 The Association will have the opportunity to have an
employee representative introduced to new employees as part of the Employer's
formal orientation programs, where they exist.
9.01 Space on bulletin boards (including electronic bulletin
boards where available) will be made available to the Association for the
posting of official Association notices, in convenient locations determined by
the Employer and the Association. The posting of notices or other material shall
require the prior approval of the Employer, except notices of Association
business affairs and meetings, and Association elections, the names of the
Association's representatives and social and recreational events. The Employer
reserves the right to refuse the posting of any information which it considers
adverse to its interests or to the interests of any of its representatives.
9.02 Where technically feasible within the existing
departmental infrastructure, and subject to security restrictions, each
department shall establish a hyperlink to the Association's website from the
departmental intranet website.
9.03 The Employer will continue its present practice of
making available to the Association specific locations on its premises, and
where it is practical to do so on vessels, for the placement of reasonable
quantities of literature of the Association.
9.04 A duly accredited representative of the Association may
be permitted access to the Employer's premises, which includes vessels, to
assist in the resolution of a complaint or grievance and to attend meetings
called by management. Permission to enter the premises shall, in each case be
obtained from the Employer. In the case of access to vessels, the Association
representative upon boarding any vessel must report to the Master, state his or
her business and request permission to conduct such business. It is agreed that
these visits will not interfere with the sailing and normal operation of the
vessels.
9.05 The Association shall provide the Employer a list of
such Association representatives and shall advise promptly of any change made to
the list.
9.06
(a) Subject to the availability of appropriate facilities, the Association
may hold general meetings of the local membership on departmental premises. The
location, date and duration of such meetings shall require the prior approval of
the deputy head or his or her delegate.
(b) This clause does not entitle an employee to attend such meetings during
his or her scheduled hours of work.
10.01 The Employer will as a condition of employment deduct
an amount equal to the amount of the membership dues from the monthly pay of an
employee.
10.02 The Association shall inform the Employer in writing
of the authorized monthly deduction to be checked off for each employee.
10.03 For the purpose of applying clause 10.01, deductions
from pay for each employee in respect of each calendar month will start with the
first full calendar month of employment to the extent that earnings are
available.
10.04 An employee who satisfies the Employer to the extent
that the employee satisfies in an affidavit that he or she is a member of a
religious organization whose doctrine prevents an employee as a matter of
conscience from making financial contributions to an employee organization and
that the employee will make contributions to a charitable organization
registered pursuant to the Income Tax Act, equal to dues, shall not be
subject to this Article, provided that the affidavit submitted by the employee
is countersigned by an official representative of the religious organization
involved. A copy of the affidavit will be provided to the Association.
10.05 No employee organization, as defined in Section 2 of
the PSLRA, other than the Association, shall be permitted to have
membership dues and/or other monies deducted by the Employer from the pay of
employees in the bargaining unit.
10.06 The amounts deducted in accordance with clause 10.01
shall be remitted to the Association by cheque within a reasonable period of
time after deductions are made and shall be accompanied by particulars
identifying each employee and the deductions made on each employee's behalf.
10.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
10.08 The Association agrees to indemnify and save the
Employer harmless against any claim or liability arising out of the application
of this Article, except for any claim or liability arising out of an error
committed by the Employer limited to the amount actually involved in the error.
11.01 The Employer agrees to provide the Association, on a
quarterly basis, with a list of all employees in the bargaining unit. The list
referred to herein shall include the name, employing department, geographical
location, date of appointment to a particular position and classification of the
employee and the employer will endeavour to provide it normally within one (1)
month following the termination of each quarter.
11.02 The Employer agrees to supply each employee with a
copy of the Collective Agreement and will endeavour to do so within one (1)
month after receipt from the printer.
11.03 National Joint Council Agreements which form part of
this collective agreement and which have a direct bearing on employees' terms
and conditions of employment shall be made available to employees by the
Employer either electronically or in paper form.
12.01 If employees are prevented from performing their
duties because of a strike or lock-out on the premises of a provincial,
municipal, commercial or industrial 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.
13.01 Unless otherwise specified by the Employer as being in
an area that could represent a conflict of interest, employees shall not be
restricted in engaging in other employment outside the hours they are required
to work for the Employer.
|