**
39.01 Agreements concluded by the National Joint Council of
the Public Service on items which may be included in a collective agreement, and
which the parties to this agreement have endorsed after December 6, 1978 will
form part of this agreement, subject to the PSLRA and any legislation
by Parliament that has been or may be, as the case may be, established pursuant
to any Act specified in Section 113(b) of the PSLRA.
39.02 NJC items which may be included in a collective
agreement are those items which the parties to the NJC agreements have
designated as such or upon which the Chairman of the PSLRB has made a ruling
pursuant to clause (c) of the NJC Memorandum of Understanding which became
effective December 6, 1978.
**
39.03 The following directives, policies or regulations, 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 collective
agreement:
(1) Foreign Service Directives
(2) Government Travel and Living Accommodations Directive
(3) Isolated Posts and Government Housing Directive
(4) Memorandum of Understanding on the Definition of 'Spouse'
(5) NJC Relocation - IRP Directive
(6) Commuting Assistance Directive
(7) Bilingualism Bonus Policy Directive
(8) Public Service Health Care Plan Directive
(9) Uniforms Directive
(10) Work Force Adjustment Directive
Occupational Safety and Health
(11) Boiler and Pressure Vessels Directive
(12) Hazardous Substances Directive
(13) Electrical Directive
(14) Elevating Devices Directive
(15) First-Aid Safety and Health Directive
(16) First-Aid Allowance Directive
(17) Tools and Machinery Directive
(18) Hazardous Confined Spaces Directive
(19) Materials Handling Safety Directive
(20) Motor Vehicle Operations Directive
(21) Noise Control and Hearing Conservation Directive
(22) Personal Protective Equipment and Clothing Directive
(23) Pesticides Directive
(24) Elevated Work Structures Directive
(25) Use and Occupancy of Buildings Directive
(26) Sanitation Directive
(27) Refusal to Work Directive
(28) Committees and Representatives Directive
During the term of this Collective Agreement, other directives, policies or
regulations may be added to the above noted list.
39.04 Grievances in regard to the above directives, policies
or regulations shall be filed in accordance with clause 40.01 of the Article on
grievance procedure in this Collective Agreement.
Interpretation of the agreement
The parties agree that, in the event of a dispute arising out of the
interpretation of a clause or Article in this Agreement, it is desirable that
the parties meet within a reasonable time and seek to resolve the problem. This
Article does not prevent an employee from availing of the grievance procedure
provided in this Agreement.
40.01 In cases of alleged misinterpretation or
misapplication arising out of agreements concluded by the National Joint Council
of the Public Service on items which may be included in a collective agreement
and which the parties to this agreement have endorsed, the grievance procedure
will be in accordance with Section 7.0 of the NJC By-Laws.
**
40.02 Subject to and as provided in Section 208 of the PSLRA,
an employee who feels that he or she has been treated unjustly or considers
himself or herself aggrieved by any action or lack of action by the Employer in
matters other than those arising from the classification process is entitled to
present a grievance in the manner prescribed in clause 40.05 except that:
(a) where there is another administrative procedure provided by or under any
Act of Parliament to deal with the employee's specific complaint, such procedure
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Collective Agreement or an Arbitral Award, the employee is not entitled to
present the grievance unless he or she has the approval of and is represented by
the Association.
40.03 Except as otherwise provided in this Agreement a
grievance shall be processed by recourse to the following levels:
(a) Level 1 – first level of management;
(b) Levels 2 and 3 – intermediate level(s) where such level or levels are
established in departments or agencies;
(c) Final level – Deputy Head or Deputy Head's authorized representative.
Whenever there are four levels in the grievance procedure, the grievor may
elect to waive either Level 2 or 3.
40.04 The Employer shall designate a representative at each
level in the grievance procedure and shall inform each employee to whom the
procedure applies of the name or title of the person so designated together with
the name or title and address of the immediate supervisor or local
officer-in-charge to whom a grievance is to be presented. This information shall
be communicated to employees by means of notices posted by the Employer in
places where such notices are most likely to come to the attention of the
employees to whom the grievance procedure applies, or otherwise as determined by
agreement between the Employer and the Association.
40.05 An employee who wishes to present a grievance at any
prescribed level in the grievance procedure, shall transmit this grievance to
the employee's immediate supervisor or local officer-in-charge who shall
forthwith:
(a) forward the grievance to the representative of the Employer authorized to
deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the
grievance was received by the Employer.
40.06 Where it is necessary to present a grievance by mail,
the grievance shall be deemed to have been presented on the day on which it is
postmarked and it shall be deemed to have been received by the Employer on the
date it is delivered to the appropriate office of the department or agency
concerned. Similarly the Employer shall be deemed to have delivered a reply at
any level on the date on which the letter containing the reply is postmarked,
but the time limit within which the grievor may present his or her grievance at
the next higher level shall be calculated from the date on which the Employer's
reply was delivered to the address shown on the grievance form.
40.07 A grievance of an employee shall not be deemed to be
invalid by reason only that it is not in accordance with the form supplied by
the Employer.
40.08 An employee may be assisted and/or represented by the
Association when presenting a grievance at any level.
40.09 The Association shall have the right to consult with
the Employer with respect to a grievance at each level of the grievance
procedure. Where consultation is with the deputy head, the deputy head shall
render the decision.
40.10 An employee may present a grievance to the first level
of the procedure in the manner prescribed in clause 40.05, not later than the
twenty-fifth (25th) day after the date on which the employee is
notified orally or in writing or on which the employee first becomes aware of
the action or circumstances giving rise to grievance.
40.11 The Employer shall normally reply to an employee's
grievance at any step of the grievance procedure, except the final step, within
ten (10) days after the grievance is presented, and within twenty (20) days
where the grievance is presented at the final step. Where such decision or
settlement is not satisfactory to the employee, he or she may submit a grievance
at the next higher level in the grievance procedure within ten (10) days after
that decision or settlement has been conveyed to him or her in writing.
40.12 If the Employer does not reply within fifteen (15)
days from the date that a grievance is presented at any level, except the final
level, the employee may, within the next ten (10) days, submit the grievance at
the next higher level of the grievance procedure.
40.13 Where an employee has been represented by the
Association in the presentation of his or her grievance, the Employer will
provide the appropriate representative of the Association with a copy of the
Employer's decision at each level of the grievance procedure at the same time
that the Employer's decision is conveyed to the employee.
40.14 The decision given by the Employer at the final level
in the grievance procedure shall be final and binding upon the employee unless
the grievance is a class of grievance that may be referred to adjudication.
40.15 In determining the time within which any action is to
be taken as prescribed in this procedure, Saturdays, Sundays and designated paid
holidays shall be excluded.
40.16 The time limits stipulated in this procedure may be
extended by mutual agreement between the Employer and the employee and, where
appropriate, the Association representative.
40.17 Where it appears that the nature of the grievance is
such that a decision cannot be given below a particular level of authority, any
or all the levels, except the final level, may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Association.
**
40.18 Where the Employer demotes or terminates an employee
for cause pursuant to paragraph 11(2)(c), (d) or (e) of the Financial
Administration Act, the grievance procedure set forth in this Agreement
shall apply except that:
(a) the grievance may be presented at the final step only;
(b) notwithstanding 40.03(c), the Deputy Head cannot appoint a representative
to hear the grievance and to render a decision;
and
(c) the twenty (20) day time limit within which the Employer is to reply at
the final step may be extended to a maximum of forty (40) days by mutual
agreement of the Employer and the appropriate representative of the Association.
40.19 An employee may abandon a grievance by written notice
to his or her immediate supervisor or officer-in-charge.
40.20 An employee who fails to present a grievance to the
next higher level within the prescribed time limits shall be deemed to have
abandoned the grievance, unless the employee was unable to comply with the
prescribed time limits due to circumstances beyond his or her control.
40.21 No person shall seek by intimidation, by threat of
dismissal or by any other kind of threat to cause an employee to abandon his or
her grievance or refrain from exercising his or her right to present a
grievance, as provided in this collective agreement.
40.22 Where an employee has presented a grievance up to and
including the final level in the grievance procedure with respect to:
(a) the interpretation or application in respect of him or her of a provision
of this collective agreement or a related arbitral award,
or
(b) disciplinary action resulting in discharge, suspension or a financial
penalty,
and the employee's grievance has not been dealt with to his or her
satisfaction, he or she may refer the grievance to adjudication in accordance
with the provisions of the PSLRA and Regulations.
40.23 Where a grievance that may be presented by an employee
to adjudication is a grievance relating to the interpretation or application in
respect of him or her of a provision of this agreement or an arbitral award, the
employee is not entitled to refer the grievance to adjudication unless
Association signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication,
and
(b) its willingness to represent the employee in the adjudication
proceedings.
41.01 Where practicable, advance notice of a change in
posting or a transfer from an employee's headquarters area as defined by the
Employer shall be given to an employee. Such notice shall not normally be less
than two (2) months.
42.01 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.
43.01 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, the National Joint Council Work Force Adjustment agreement
concluded by the parties will apply. In all other cases the following clauses
will apply.
43.02 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.
43.03 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.
43.04 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 Association 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.
43.05 The written notice provided for in clause 43.04 will
provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to effect
change;
(c) the location or locations involved.
43.06 As soon as reasonably practicable after notice is
given under clause 43.04, the Employer shall consult with the Association
concerning the effects of the technological change referred to in clause 43.04
on each group of employees. Such consultation will include but not necessarily
be limited to the following:
(a) The approximate number, class and location of employees likely to be
affected by the change.
(b) The effect the change may be expected to have on working conditions or
terms and conditions of employment on employees.
43.07 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 and at no cost to the employee.
44.01 The Employer agrees that original articles,
professional and technical papers prepared by an employee, within the scope of
his or her employment, will be retained on appropriate departmental files for
the normal life of such files. The Employer, will not unreasonably withhold
permission for the publication of original articles, or professional and
technical papers in professional media. At the Employer's discretion,
recognition of authorship will be given where practicable in departmental
publications.
44.02 When an employee acts as a sole or joint author or
editor of an original publication, the employee's authorship or editorship shall
normally be shown on the title page of such publication.
44.03
(a) The Employer may suggest revisions to material and may withhold approval
to publish such articles and papers to which clause 44.01 refers.
(b) When approval for publication is withheld, the author shall be so
informed.
Where the Employer wishes to make changes in material submitted for
publication with which the author does not agree, the author shall not be
credited publicly if he or she so requests.
45.01 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.
45.02 Membership dues referred to in Article 10, Check-off,
of this collective agreement are specifically excluded as reimbursable fees
under this Article.
46.01 On application by an employee, the Employer shall
provide personal references to the prospective employer of such employee
indicating length of service, principal duties and responsibilities and
performance of such duties.
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