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32.01 The parties acknowledge the contribution of training
to the development of individual and organizational capacity.
32.02 The Employer shall consult the Association's head
office at the beginning of the fiscal year on implementation of the training
policy during that year.
32.03 The Employer shall consult each employee once a year
regarding his training needs.
33.01 Both parties recognize the overall advantages of
technological change. Both parties will, therefore, encourage and promote
technological change and improvements in the field of translation,
interpretation and terminology.
33.02 The Employer agrees to provide as much advance notice
as is practicable but not less than three (3) months' notice to the
Association's head office of any major technological change in equipment which
would result in significant changes in the employment status or working
conditions of employees. In addition, the Employer agrees to consult with the
Association's head office with a view to resolving problems which may arise as a
result of the introduction of such technological change.
34.01 General
(a) Part-time employees shall be entitled to the benefits provided under this
agreement in the same proportion as their normal scheduled weekly hours of work
compare with the normal weekly hours of work of full-time employees, unless
otherwise specified.
(b) Notwithstanding paragraph 34.01(a), there shall be no prorating of a
"day" in clause 21.02, Bereavement Leave.
(c) Part-time employees shall be paid at the straight-time hourly rate of pay
for all work performed up to seven and one-half (7 1/2) hours in a day or
thirty-seven and one-half (37 1/2) hours in a week.
(d) Except in cases of emergency, call-back, or mutual agreement, the
Employer shall, wherever possible, give at least twelve (12) hours' notice of
any requirement for the part-time employee to work on a day which is not part of
his normal scheduled weekly hours of work.
(e) The days of rest provisions of this collective agreement apply only in a
week when a part-time employee has worked five (5) days and a minimum of
thirty-seven and one-half (37 1/2) hours in a week at the straight-time hourly
rate of pay.
(f) Leave will only be provided:
(i) during those periods in which employees are scheduled to perform their
duties;
or
(ii) where it may displace other leave as prescribed by this Agreement.
34.02 Designated Holidays
(a) A part-time employee shall not be paid for the designated holidays but
shall, instead, receive a four point two five per cent (4.25%) allowance for all
straight-time hours worked during the period of part-time employment.
(b) When a part-time employee is required to work on a designated holiday he
shall be paid according to the provisions of clause 13.05 for all the hours
worked on the holiday.
34.03 Overtime
(a) "Overtime" means authorized work performed in excess of seven
and one-half (7 1/2) hours a day or thirty-seven and one-half (37 1/2) hours a
week but does not include time worked on a holiday.
(b) A part-time employee who is required to work overtime shall be
compensated according to the provisions of this article and of clauses 13.03 and
13.04. The provisions of clause 13.10 shall apply.
34.04 Annual Leave
A part-time employee shall earn annual leave credits for each month in which
the employee receives pay for at least twice (2) the number of hours in the
employee's normal work week, at the rate for years of employment established in
paragraph 18.01(a), prorated and calculated as follows:
(a) when the entitlement is nine decimal three seven five (9.375) hours a
month, .250 multiplied by the number of hours in the employee's work week per
month;
(b) when the entitlement is twelve decimal five (12.5) hours a month,
.333 multiplied by the number of the hours in the employee's work week per
month;
(c) when the entitlement is thirteen decimal seven five (13.75) hours a
month, .367 multiplied by the number of hours in the employee's work week
per month;
(d) when the entitlement is fourteen decimal three seven five (14.375) hours
a month, .383 multiplied by the number of hours in the employee's work week per
month;
(e) when the entitlement is fifteen decimal six two five (15.625) hours a
month, .417 multiplied by the number of hours in employee's work week per month;
(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a
month, .450 multiplied by the number of hours in the employee's workweek per
month;
(g) when the entitlement is eighteen decimal seven five (18.75) hours a
month, .500 multiplied by the number of hours in the employee's workweek per
month.
34.05 Sick Leave
A part-time employee shall earn sick leave credits at the rate of one-quarter
(1/4) of the number of hours in an employee's normal work week for each calendar
month in which the employee has received pay for at least twice (2) the number
of hours in the employee's normal work week.
34.06 Annual and Sick Leave Administration
(a) For the purposes of administration of clauses 34.04 and 34.05, where an
employee does not work the same number of hours each week, the normal work week
shall be the weekly average calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both
full-time and part-time employment shall not earn annual or sick leave credits
in excess of the entitlement of a full-time employee.
34.07 Severance Pay
To establish the period of continuous employment eligible for severance pay
part-time periods shall be consolidated to equivalent full-time. The equivalent
full-time period in years, including a fraction, shall be used the calculation
of severance pay.
**
An employee who takes part in an illegal strike as defined in the Public
Service Labour Relations Act is liable to the penalties provided for in the
said Act and to disciplinary action up to and including termination of
employment pursuant to the provisions of Section 12(1)(c) of the Financial
Administration Act.
**
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 6 December 1978 will form part of this
agreement, subject to the Public Service Labour Relations Act (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.
NJC items which may be included in a collective agreement are those items
which the parties to the NJC agreements have designated as such and are listed
in the Appendix "E" of the NJC Memorandum of Understanding which took
effect as of 5 May 1994.
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 Secretariat, form part of the collective agreement.
**
(1) Bilingualism Bonus Directive
(2) Commuting Assistance Directive
(3) Foreign Service Directives
Health / Safety
(4) Boiler and Pressure Vessels Directive
(5) Committees and Representatives Directive
(6) Hazardous Substances Directive
(7) Electrical Directive
(8) Elevated Work Structures Directive
(9) Elevating Devices Directive
(10) First-Aid Allowance Directive
(11) First-Aid Safety and Health Directive
(12) Hazardous Confined Spaces Directive
(13) Materials Handling Safety Directive
(14) Motor Vehicle Operations Directive
(15) Noise Control and Hearing Conservation Directive
(16) Personal Protective Equipment and Clothing Directive
(17) Pesticides Directive
(18) Refusal to Work Directive
(19) Sanitation Directive
(20) Tools and Machinery Directive
(21) Use and Occupancy of Buildings Directive
(22) Isolated Posts and Government Housing Directive
(23) Memorandum of Understanding on the Definition of Spouse
(24) NJC Relocation – IRP Directive
(25) Public Service Health Care Plan Directive
(26) Travel Directive
(27) Uniforms Directive
(28) Work Force Adjustment Directive
During the term of this Collective Agreement, other directives, policies or
regulations may be added to the above noted list.
Grievances in regard to the above directives, policies or regulations shall
be filed in accordance with clause 30.08 of this Collective Agreement.
ARTICLE 37
EMPLOYEES ON THE PREMISES OF OTHER EMPLOYERS
37.01 If employees are prevented for performing their duties
because of a strike or a lock-out on the premises of another employer, the
employees shall report the matter to the Employer and the Employer will make
every 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.
38.01 Upon receipt of proof of payment, the Employer shall
reimburse the employee up to six hundred dollars ($600) for the annual dues
payable to one (1) of the professional association members of the Canadian
Translators, Terminologists and Interpreters Council when the payment of such
dues is required for the performance of the duties of that employee's position.
38.02 If payment of said dues is not required for the
performance of the duties of that employee's position, but eligibility for the
professional status conferred by one (1) of these associations constitutes
a qualification under the selection and evaluation standards for the Translation
Group, the Employer shall reimburse the employee for the annual dues paid, up to
the amount set in 38.01.
39.01 The Association and the Employer recognize the right
of employees to work in an environment free from sexual harassment and agree
that sexual harassment will not be tolerated in the work place.
39.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
39.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with sexual harassment. The selection
of the mediator will be by mutual agreement.
39.04 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.
40.01 Upon written request, an employee shall be provided
with a complete and current statement of the duties and responsibilities of his
position, including the classification level and, where applicable, the point
rating allotted by factor to his position, and an organization chart depicting
the position's place in the organization.
**
41.01 The duration of this Collective Agreement shall be
from the date it is signed to 18 April 2007.
41.02 Unless otherwise expressly stipulated, this Collective
Agreement shall become effective on the date it is signed.
41.03 The present Agreement may be amended by mutual
agreement.
SIGNED AT OTTAWA, this 29rd day of the month of June 2006.
THE TREASURY BOARD
OF
CANADA |
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THE CANADIAN
ASSOCIATION OF
PROFESSIONAL
EMPLOYEES |
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