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**
24.01 The Employer recognizes the Institute as the exclusive
bargaining agent for all employees 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,
covering employees of the Computer Systems Group.
**
24.02 The Employer recognizes that it is a proper function
and a right of the Institute to bargain with a view to arriving at a collective
agreement and the Employer and the Institute agree to bargain in good faith, in
accordance with the provisions of the Public Service Labour Relations Act.
25.01 Subject to the provisions of this Article, the
Employer will, as a condition of employment, deduct an amount equal to the
monthly membership dues from the pay of all employees in the bargaining unit.
Where no dues deductions are made from an employee's salary in respect of any
given month as a result of the employee not earning any pay in that month or not
earning sufficient pay to permit dues deductions to be made, the Employer shall
not be required to make deductions from that employee's subsequent salary in
respect of the month referred to above.
25.02 The Institute shall inform the Employer in writing of
the authorized monthly deduction to be checked off for each employee defined in
clause 25.01.
25.03 For the purpose of applying clause 25.01, deductions
from pay for each employee in respect of each month will start with the first (1st)
full month of employment to the extent that earnings are available.
25.04 An employee who satisfies the Employer to the extent
that he declares in an affidavit that he is a member of a religious organisation
whose doctrine prevents him as a matter of conscience from making financial
contributions to an employee organisation and that he will make contributions to
a charitable organisation 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 organisation involved.
**
25.05 No employee organization, as defined in section 2 of
the Public Service Labour Relations Act, other than the Institute,
shall be permitted to have membership dues and/or other moneys deducted by the
Employer from the pay of employees in the bargaining unit.
25.06 The amounts deducted in accordance with clause 25.01
shall be remitted to the Institute 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 his behalf.
25.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
25.08 The Institute 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, in which case the liability shall be limited to the
amount of the error.
26.01 Access by an Institute Representative
An accredited representative of the Institute may be permitted access to the
Employer's premises on stated Institute business and to attend meetings called
by management. Permission to enter the premises shall, in each case, be obtained
from the Employer.
26.02 Bulletin Boards
Reasonable space on bulletin boards, including electronic bulletin boards
where available, will be made available to the Institute for the posting of
official notices in convenient locations determined by the Employer and the
Institute. Notices or other material shall require the prior approval of the
Employer, except notices relating to the business affairs of the
Institute,including the names of the Institute representatives, and social and
recreational events. The Employer shall have the right to refuse the posting of
any information that it considers adverse to its interests or to the interests
of any of its representatives. Such approval shall not be unreasonably withheld.
26.03 Institute Literature
The Employer shall continue its present practice of making available to the
Institute specific locations on its premises for the placement of reasonable
quantities of literature of the Institute.
27.01 The Employer agrees to provide the Institute, 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 and classification of the employee and shall be provided within one
month following the termination of each quarter. As soon as practicable, the
Employer agrees to add to the above list the date of appointment for new
employees.
27.02 The Employer agrees to supply each employee with a
copy of the Collective Agreement and any amendments thereto.
27.03 Upon written request of an employee, the Employer
shall make available at a mutually satisfactory time National Joint Council
Agreements listed in clause 34.03 which have a direct bearing on the requesting
employee's terms and conditions of employment.
27.04 The Employer agrees to distribute to each new employee
an information package prepared and supplied by the Institute. Such information
package shall require the prior approval of the Employer. The Employer shall
have the right to refuse to distribute any information that it considers adverse
to its interests or to the interests of any of its representatives.
28.01 The Employer acknowledges the exclusive right of the
Institute to appoint stewards from amongst the members of the bargaining unit
for which the Institute is the certified bargaining agent.
28.02 The Employer and the Institute shall, by mutual
agreement, determine the area of jurisdiction of each steward, having regard to
the plan of organization and the distribution of employees.
28.03 The Institute shall inform the Employer promptly and
in writing of the names of its stewards, their jurisdiction, and of any
subsequent changes.
28.04 A steward shall obtain the permission of his immediate
supervisor before leaving his work to investigate with fellow employees
complaints of an urgent nature, to meet with local management for the purpose of
dealing with such complaints or problems, and to attend meetings called by
management. Such permission shall not be unreasonably withheld. After the
Steward resumes his duties, he shall so notify his supervisor as soon as
practicable.
**
29.01 Public Service Labour Relations Board Hearings
(1) Complaints made to the Public Service Labour Relations Board pursuant to
the former Section 23 of the Public Service Labour Relations Act
Where operational requirements permit, the Employer will grant leave with
pay:
(a) to an employee who makes a complaint on his own behalf before the Public
Service Labour Relations Board;
and
(b) to an employee who acts on behalf of an employee making a complaint, or
who acts on behalf of the Institute making a complaint.
(2) Applications for Certification, Representations and Interventions with
respect to Applications for Certification
Where operational requirements permit, the Employer will grant leave without
pay:
(a) to an employee who represents the Institute in an application for
certification or in an intervention;
and
(b) to an employee who makes personal representations with respect to a
certification.
(3) Employee called as a Witness
The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Labour Relations
Board;
and
(b) where operational requirements permit, to an employee called as a witness
by an employee or the Institute.
**
29.02 Arbitration Board Hearings, Public Interest Commission Hearings and
Alternate Dispute Resolution Process
(1) Where operational requirements permit, the
Employer will grant leave with pay to an employee representing the Institute
before an Arbitration Board, Public Interest Commission or an Alternate Dispute
Resolution Process.
(2) Employee called as a Witness
The Employer will grant leave with pay to an employee called as a witness by
an Arbitration Board, Public Interest Commission or an Alternate Dispute
Resolution Process and, where operational requirements permit, leave with pay to
an employee called as a witness by the Institute.
29.03 Adjudication
(1) Employee who is a Party
Where operational requirements permit, the Employer will grant leave with pay
to an employee who is a party.
(2) 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.
(3) 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.
29.04 Meetings During the Grievance Process
(1) Employee Presenting Grievance
Where operational requirements permit, the Employer will grant to an
employee:
(a) where the Employer originates a meeting with the employee who has
presented the grievance, leave with pay when the meeting is held in the
headquarters area of such employee and on duty status when the meeting is held
outside the headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to meet with the
Employer, leave with pay to the employee when the meeting is held in the
headquarters area of such employee and leave without pay when the meeting is
held outside the headquarters area of such employee.
(2) 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 such employee and leave without pay when the
meeting is held outside the headquarters area of such employee.
(3) Grievance Investigations
Where an employee has asked or is obliged to be represented by the Institute
in relation to the presentation of a grievance and an employee acting on behalf
of the Institute 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 such employee and leave
without pay when it takes place outside the headquarters area of such employee.
29.05 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 Institute.
29.06 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without
pay to an employee to attend preparatory contract negotiations meetings.
29.07 Meetings Between the Institute and Management
Where operational requirements permit, the Employer will grant leave with pay
to an employee who is meeting with management on behalf of the Institute.
29.08 Institute Official Meetings and Conventions
Where operational requirements permit, the Employer will grant leave without
pay to a reasonable number of employees to attend meetings and conventions
provided in the constitution and by-laws of the Institute.
29.09 Representatives' Training Courses
Where operational requirements permit, the Employer will grant leave without
pay to employees who exercise the authority of a representative on behalf of the
Institute to undertake training related to the duties of a representative.
**
29.10 Determination of Leave Status
Where the status of leave requested cannot be determined until the Public
Service Labour Relations Board or an adjudicator has given a decision, leave
without pay will be granted pending final determination of the appropriate leave
status.
30.01 The Employer will continue past practice in giving all
reasonable consideration to continued employment in the Public Service of
employees who would otherwise become redundant because work is contracted out.
**
30.02 The Employer will make every reasonable effort to
ensure that any reduction in the work force will be accomplished through
attrition, subject to the willingness and capacity of individual employees to
accept relocation and retraining.
**
31.01 The Public Service Labour Relations Act
provides penalties for engaging in illegal strikes. Both parties agree that
disciplinary action may also be taken, which will include penalties up to and
including discharge, for participation in an illegal strike as defined in the Public
Service Labour Relations Act.
32.01 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 should meet within a reasonable time and seek to
resolve the problem. This Article does not prevent an employee from availing
himself of the grievance procedure provided in this Agreement.
33.01 In cases of alleged misinterpretation or
misapplication arising out of agreements concluded by the National Joint Council
(NJC) 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 14 of the NJC by-laws.
33.02 The parties recognize the value of informal discussion
between employees and their supervisors to the end that problems might be
resolved without recourse to a formal grievance. When an employee, within the
time limits prescribed in clause 33.09, gives notice that he wishes to take
advantage of this clause, it is agreed that the period between the initial
discussion and the final response shall not count as elapsed time for the
purpose of grievance time limits.
33.03 An employee who wishes to present a grievance at any
prescribed step in the grievance procedure, shall transmit this grievance to his
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 step;
and
(b) provide the employee with a receipt stating the date on which the
grievance was received by him.
33.04 A grievance of an employee shall not be deemed to be
invalid by reason only of the fact that it is not in accordance with the form
supplied by the Employer.
**
33.05 Subject to and as provided in Section 208 of the Public
Service Labour Relations Act, an employee who feels that he has been
treated unjustly or considers himself aggrieved by an 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
33.03, except that:
(a) where there is another administrative procedure provided by or under any
Act of Parliament to deal with his 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, he is not entitled to present the
grievance unless he has the approval of and is represented by the Institute.
33.06 There shall be no more than a maximum of four (4)
steps in the grievance procedure. These steps shall be as follows:
(a) Step 1 – first level of management;
(b) Steps 2 and 3 in departments or agencies where such steps are established
– intermediate step(s);
(c) Final Step – Chief Executive or his authorized representative.
33.07 The Employer shall designate a representative at each
step 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 Institute.
33.08 If he so desires, an employee may be assisted and/or
represented by the Institute when presenting a grievance at any step. The
Institute shall have the right to consult with the Employer with respect to a
grievance at each or any step of the grievance procedure.
33.09 An employee may present a grievance to the first (1st)
step of the procedure in the manner prescribed in clause 33.03, not later than
the twenty-fifth (25th) day after the date on which he is notified
orally or in writing or on which he first becomes aware of the action or
circumstances giving rise to grievance.
33.10 An employee may present a grievance at each succeeding
step in the grievance procedure beyond the first (1st) step either:
(a) where the decision or settlement is not satisfactory to him, within ten
(10) days after that decision or settlement has been conveyed in writing to him
by the Employer;
or
(b) where the Employer has not conveyed a decision to him within the time
prescribed in clause 33.11, within fifteen (15) days after he presented the
grievance at the previous step.
33.11 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.
33.12 Where an employee has been represented by the
Institute in the presentation of his grievance, the Employer will provide the
appropriate representative of the Institute with a copy of the Employer's
decision at each step of the grievance procedure at the same time that the
Employer's decision is conveyed to the employee.
**
33.13 Where a grievance has been presented up to and
including the final step in the grievance process, and the grievance is not one
that may be referred to adjudication, the decision on the grievance taken at the
final step in the grievance process is final and binding and no further action
may be taken under the Public Service Labour Relations Act.
33.14 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.
33.15 Where the provisions of clause 33.03 cannot be
complied with and 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 day 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 step on
the date on which the letter containing the reply is postmarked, but the time
limit within which the grievor may present his grievance at the next higher step
shall be calculated from the date on which the Employer's reply was delivered to
the address shown on the grievance form.
33.16 The time limits stipulated in this procedure may be
extended by mutual agreement between the Employer and the employee and, where
appropriate, the Institute representative, except as provided in clause 33.18.
33.17 Where it appears that the nature of the grievance is
such that a decision cannot be given below a particular step of authority, any
or all the steps except the final step may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Institute.
**
33.18 Where the Employer demotes or terminates an employee
pursuant to paragraph 12(1)(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;
and
(b) 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 Institute.
33.19 An employee may, by written notice to his immediate
supervisor or officer-in-charge, abandon a grievance.
33.20 Any employee who fails to present a grievance to the
next higher step within the prescribed time limits shall be deemed to have
abandoned the grievance unless, due to circumstances beyond his control, he was
unable to comply with the prescribed time limits.
33.21 No person shall seek by intimidation, by threat of
dismissal or by any other kind of threat to cause an employee to abandon his
grievance or refrain from exercising his right to present a grievance, as
provided in this Collective Agreement.
33.22 Where an employee has presented a grievance up to and
including the final step in the grievance procedure with respect to:
(a) the interpretation or application in respect of him of a provision of
this Collective Agreement or related arbitral award;
or
**
(b) termination of employment or demotion pursuant to paragraph 12(1)(c), (d)
or or (e) of the Financial Administration Act;
or
(c) disciplinary action resulting in suspension or a financial penalty;
**
and his grievance has not been dealt with to his satisfaction, he may refer
the grievance to adjudication in accordance with the provisions of the Public
Service Labour Relations Act and Regulations.
33.23 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 of a provision of this Agreement or an arbitral award, the
employee is not entitled to refer the grievance to adjudication unless the
Institute 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.
**
34.01 Agreements concluded by the National Joint Council
(NJC) 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 Collective 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 of the PSLRA.
**
34.02 The NJC items which may be included in a collective
agreement are those items which parties to the NJC agreements have designated as
such or upon which the Chairman of the Public Service Labour Relations Board has
made a ruling pursuant to (c) of the NJC Memorandum of Understanding which
became effective December 6, 1978.
**
34.03 The following directives, policies or regulations, as
amended from time to time by NJC recommendation and which have been approved by
the Treasury Board of Canada, form part of this Collective Agreement:
(1) Bilingualism Bonus Directive;
(2) Commuting Assistance Directive;
(3) First Aid to the General Public - Allowance for Employees;
(4) Foreign Service Directive;
(5) Isolated Posts and Government Housing Directive;
(6) Memorandum of Understanding on the Definition of Spouse;
(7) NJC Integrated Relocation Directive;
(8) Public Service Health Care Plan Directive;
(9) Travel Directive;
(10) Uniforms Directive;
(11) Workforce Adjustment Directive;
Occupational Safety and Health
(12) Committees and Representatives Directive;
(13) Motor Vehicle Operations Directive;
(14) Occupational Safety and Health Directive;
(15) Pesticides Directive;
(16) Refusal to work Directive;
34.04 During the term of this Collective Agreement, other
directives, policies or regulations may be added to the above-noted list.
34.05 Grievances in regard to the above directives, policies
or regulations shall be filed in accordance with clause 33.01 of the Article on
grievance procedure in this Collective Agreement.
35.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and will consult on matters of common interest.
35.02 The subjects that may be determined as appropriate for
joint consultation will be by mutual agreement of the parties with the exception
of career development which will be a standing item for discussion at all levels
of the Joint Consultation meetings. Consultation may be at the local, regional
or national level as determined by the parties.
35.03 Wherever possible, the Employer shall consult with
representatives of the Institute at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
35.04 Joint Consultation Committee Meetings
The consultation committees shall be composed of mutually agreeable numbers
of employees and Employer representatives who shall meet at mutually
satisfactory times. Committee meetings shall normally be held on the Employer's
premises during working hours.
35.05 Employees forming the continuing membership of the
Consultation Committees shall be protected against any loss of normal pay by
reason of attendance at such meetings with management, including reasonable
travel time where applicable.
35.06 Joint consultation committees are prohibited from
agreeing to items, which would alter any provision of this Collective Agreement.
36.01 Where written departmental Standards of Discipline are
developed or amended, the Employer agrees to supply sufficient information on
the Standards of Discipline to each employee and to the Institute.
36.02 The Employer agrees to consult with the Institute when
existing written Standards of Discipline are to be amended. The Employer further
agrees to carefully consider and, where appropriate, introduce Institute
recommendations on the matter.
36.03 Where an employee is required to attend a meeting on
disciplinary matters, the employee is entitled to have a representative of the
Institute attend the meeting when the representative is readily available.Where
practicable, the employee shall receive in writing a minimum of two (2) working
days notice of such meeting.
36.04 The Employer agrees not to introduce as evidence in a
hearing related to disciplinary action any document or written statement
concerning the conduct of an employee unless that employee has been provided
with a copy of that document or statement within a reasonable period before that
hearing.
36.05 Notice of disciplinary action which may have been
placed on the personnel file of an employee shall be destroyed after two (2)
years have elapsed since the disciplinary action was taken provided that no
further disciplinary action has been recorded during this period.
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