1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Institute, 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:
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(a) "bargaining unit" means all the employees of
the Employer in the Computer Systems Group, as described in the certificate
issued by the former Public Service Staff Relations Board on the eleventh (11th)
day of March 1969, and as amended on December 13, 1977 and June 1, 1999 (unité
de négociation),
(b) "common-law partner" refers to a person living
in a conjugal relationship with an employee for a continuous period of at least
one (1) year (conjoint de fait).
(c) "continuous employment" has the same meaning
as in the Public Service Terms and Conditions of Employment Regulations
on the date of the signing of this Agreement (emploi continu),
(d) "daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (taux de rémunération journalier),
(e) "day of rest" in relation to an employee means
a day, other than a designated paid holiday, on which that employee is not
ordinarily required to perform the duties of his position other than by reason
of his being on leave (jour de repos),
(f) "designated paid holiday" means the
twenty-four (24) hour period commencing at 00:01 hour of a day designated as a
holiday in this Agreement (jour férié désigné payé),
(g) "double time" means twice (2) the
straight-time hourly rate (tarif double),
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(h) "employee" means a person so defined by the Public
Service Labour Relations Act and who is a member of the bargaining unit
(employé),
(i) "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),
(j) "headquarters area" has the same meaning as
given to the expression in the Travel Directive (région du lieu d'affectation),
(k) "hourly rate of pay" means a full-time
employee's weekly rate of pay divided by thirty-seven and one-half (37 1/2)
(taux de rémunération horaire),
(l) "Institute" means the Professional Institute
of the Public Service of Canada (Institut),
(m) "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),
(n) "leave" means authorized absence from duty
(congé),
(o) "membership dues" means the dues established
pursuant to the by-laws and regulations of the Institute as the dues payable by
its members as a consequence of their membership in the Institute, and shall not
include any initiation fee, insurance premium, or special levy (cotisations
syndicales),
(p) "overtime" means work required by the Employer
to be performed by a full-time employee in excess of his daily hours of work
(heures supplémentaires),
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(q) "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 Directives (époux),
(r) "time and one-half" means one and one-half (1
1/2) times the hourly rate of pay (tarif et demi),
and
(s) "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:
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(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
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(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.
3.01 Both the English and French texts of this Agreement
shall be official.
4.01 The provisions of this Agreement apply to the
Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender
shall include the feminine gender.
5.01 All the functions, rights, powers and authority which
the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an
abridgement or restriction of any employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
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