1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Association and 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:
"Association" means the Canadian Association of
Professional Employees (association),
"bargaining unit" means all employees of the
Employer in the Translation Group as described in the certificate issued by the
Public Service Labour Relations Board on 17 December 2003 (unité de
négociation),
"common-law partner" in relation to an
individual,a person who is cohabiting with the individual in a conjugal
relationship, having so cohabited for a period of at least one (1) year
(conjoint de fait),
"continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of Employment
Regulations (emploi continu),
"daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (rémunération quotidienne),
"day of rest" in relation to an employee means a
day (other than a holiday or a day of leave) on which that employee is not
ordinarily required to work (jour de repos),
"double time" means twice the straight-time hourly
rate (tarif double),
"employee" means a person who is a member of the
bargaining unit (fonctionnaire),
"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 Policy (zone d'affectation),
"holiday" (jour férié) means:
(a) in the case of a shift that does not commence and end on the same day,
the twenty-four (24)-hour period commencing from the time at which the shift
commenced on a day designated as a paid holiday in this Agreement,
(b) in any other case, the twenty-four (24)-hour period commencing at 12:01
a.m. of a day designated as a paid holiday in this Agreement,
"lay-off" means the termination of employment of
an employee due to lack of work or the discontinuance of a function (mise en
disponibilité),
"leave" means authorized absence from duty
(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" means any period of work performed by
an employee in excess of his normal hours of work (heures supplémentaires),
"part-time employee" means an employee whose
normal scheduled hours of work are less than thirty-seven and one-half hours (37
1/2) per week (fonctionnaire à temps partiel),
"straight-time hourly rate" means the hourly rate
of pay obtained by dividing an employee's weekly rate of pay by thirty-seven and
one-half (37 1/2) (tarif simple),
"time and one-half" means one and one-half (1 1/2)
times the straight-time hourly rate (tarif et demi),
"weekly rate of pay" means an employee's annual
rate of pay divided by 52.176 (rémunération hebdomadaire).
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement,
(a) if defined in the Public Service Labour Relations Act, have the
same meaning as given to them in the Public Service Labour Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public
Service Labour Relations Act, have the same meaning as given to them in the
Interpretation Act.
2.03 Unless otherwise indicated by the context, what is
formulated in the masculine gender includes the feminine gender and vice versa.
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 are
equally authoritative.
3.03 In this Agreement, only those provisions preceded by
two (2) asterisks (**) constitute new law.
4.01 The Employer retains all the functions, rights, powers
and authority which are not explicitly abridged, delegated or modified by this
Agreement, including his right to assign human resources to meet operational
requirements.
5.01 Nothing in this Agreement shall be construed as
limiting or eliminating any rights or obligations whatever, recognized or
conferred upon any employee, under any Federal or Provincial statutes, present
or future.
5.02 Recognition
The Employer recognizes the Association as the exclusive bargaining agent for
all employees described in the certificate issued by the Public Service Labour
Relations Board on the 17th day of December 2003, covering employees
of the Translation Group.
5.03 No Discrimination
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 origin,
religious affiliation, sex, sexual orientation, family status, mental or
physical disability, marital status, a conviction for which a pardon has been
granted, or membership or activity in the Association.
6.01 The Employer acknowledges the right of the Association
to appoint employees as Stewards.
6.02 The Employer and the Association shall determine the
geographical area of jurisdiction of each Steward, having regard to the plan of
organization, the distribution of employees at the work place, the
administrative structure and/or any other relevant factor.
6.03 The Association shall notify the Employer promptly and
in writing of the names of its Stewards and other Association representatives.
7.01 A Steward shall obtain the permission of the Employer
before leaving his work to:
(a) investigate with fellow employees complaints of an urgent nature;
(b) meet with local management for the purpose of dealing with such
complaints or problems;
and
(c) attend meetings called by management.
Such permission shall not be unreasonably withheld. After the Steward resumes
his duties, he shall so notify the Employer as soon as practicable.
8.01 A duly-accredited representative of the Association may
be permitted access to the Employer's premises on stated Association business
and to attend meetings called by management.
8.02 Reasonable space on bulletin boards will be made
available to the Association for the posting of official notices in convenient
locations determined by the Employer. Notices or other material shall require
the prior approval of the Employer. The Employer shall have the right to refuse
the posting of any information which he considers adverse to his interests or to
the interests of any of his representatives.
8.03 The Employer shall continue its present practice of
making available to the Association specific locations on its premises for the
placement of reasonable quantities of literature of the Association.
9.01 The Employer shall provide the Association, on a
quarterly basis, with a list of all employees who have entered the bargaining
unit and a list of all employees who have left the bargaining unit. The lists
referred to herein shall include the name, employing department, geographical
location and classification of the employee.
9.02 The Employer shall endeavour to provide accurate lists
but shall not be held responsible by the Association for any errors in these
lists.
9.03 The Employer agrees to supply each employee with a copy
of the Collective Agreement and any amendments thereto and will endeavour to do
so within one (1) month after receipt from the printer.
9.04 Every three (3) months, the Employer shall provide the
Association with an up-to-date list of employees indicating the Units to which
they are assigned.
10.01 Public Service Labour Relations Board Hearings
**
(a) Complaints made to the Public Service Labour Relations Board
pursuant to Section 190(1) of the Public Service Labour Relations Act
Where operational requirements permit, in cases of complaints made to the
Public Service Labour Relations Board pursuant to section 190(1) of the PSLRA
alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 187,
188(a) or 189(1) of the PSLRA, the Employer will grant leave with pay:
(i) to an employee who makes a complaint on his own behalf before the
Public Service Labour Relations Board,
and
(ii) to an employee who acts on behalf of an employee making a complaint,
or who acts on behalf of the Association making a complaint.
(b) Applications for Certification, Representations and Interventions
with respect to Application for Certification
Where operational requirements permit, the Employer will grant leave without
pay:
(i) to an employee who represents the Association in an application for
certification or in an intervention,
and
(ii) to an employee who makes personal representations with respect to a
certification.
(c) Employee called as a Witness
The Employer will grant leave with pay:
(i) to an employee called as a witness by the Public Service Labour
Relations Board,
and
(ii) where operational requirements permit, to an employee called as a
witness by an employee or the Association.
10.02 Arbitration and Conciliation Hearings and Alternate Dispute Resolution
Process
(a) Where operational requirements permit, the Employer will grant leave with
pay to a reasonable number of employees representing the Association before a
Conciliation Board or before the Public Service Labour Relations Board with
regard to an arbitration proceeding, or in an Alternate Dispute Resolution
Process.
(b) Employee called as a Witness
The Employer will grant leave with pay to an employee called as a witness by
a Conciliation Board or by the Public Service Labour Relations Board with regard
to an arbitration proceeding and, where operational requirements permit, leave
with pay to an employee called as a witness by the Association.
10.03 Adjudication
(a) Employee who is a Party
Where operational requirements permit, the Employer will grant leave with pay
to an employee who is a party.
(b) Employee who Acts as Representative
Where operational requirements permit, the Employer will grant leave with pay
to the representative of an employee who is a party.
(c) Employee called as a Witness
Where operational requirements permit, the Employer will grant leave with pay
to a witness called by an employee who is a party.
10.04 Meetings During the Grievance Process
(a) Employee Presenting Grievance
If operational requirements permit, the Employer shall grant leave with pay
to any employee whom it calls to a meeting or agrees to meet with.
(b) Employee who Acts as Representative
Where an employee wishes to represent at a meeting with the Employer, an
employee who has presented a grievance, the Employer will, where operational
requirements permit, grant leave with pay to the representative when the meeting
is held in the headquarters area of the representative and leave without pay
when the meeting is held outside that area.
(c) Grievance Investigation
Where an employee has asked or is obliged to be represented by the
Association in relation to the presentation of a grievance and an employee
acting on behalf of the Association wishes to discuss the grievance with that
employee, the employee and the representative of the employee will, where
operational requirements permit, be given reasonable leave with pay for this
purpose when the discussion takes place in the headquarters area of the
aggrieved employee and leave without pay when it takes place outside that area.
10.05 Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without
pay to an employee for the purpose of attending contract negotiations meetings
on behalf of the Association.
10.06 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without
pay to a reasonable number of employees to attend preparatory contract
negotiations meetings.
10.07 Meetings Between the Association and Management
Where operational requirements permit, the Employer will grant leave with pay
to a reasonable number of employees who are meeting with management on behalf of
the Association.
10.08 Association Meetings
Where operational requirements permit, the Employer will grant leave without
pay to a reasonable number of employees to attend meetings of the Association
and organizations to which the Association is affiliated.
10.09 Stewards' Training Courses
Where operational requirements permit, the Employer will grant leave without
pay to employees who exercise the authority of a Steward on behalf of the
Association to undertake training on the duties of a Steward.
10.10 Full-Time Association Position
Where operational requirements permit, the Employer will grant leave without
pay to an employee elected to a full-time Association position for the duration
of his term of office. Time spent on such leave shall be counted for pay
increment and for service for the purpose of calculating vacation leave.
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