Definition
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37.01 Part-time employee means a person whose normal
scheduled hours of work are less than thirty-seven and one-half (37 1/2) hours
per week, but not less than those prescribed in the Public Service Labour
Relations Act.
General
37.02 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 in this Agreement.
37.03 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
hourly rate of pay.
37.04 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.
Designated Holidays
37.05 A part-time employee shall not be paid for the
designated holidays but shall instead be paid a premium of four point two five
per cent (4.25%) for all straight-time hours worked during the period of
part-time employment.
37.06 When a part-time employee is required to work on a day
which is prescribed as a designated paid holiday for a full-time employee in
clause 12.01 of this Agreement, the employee shall be paid time and one-half (1
1/2) the hourly rate of pay for all hours worked.
37.07 Overtime means:
(i) in the case of a part-time employee, authorized work in excess of seven
and one-half (7 1/2) hours per day or thirty-seven and one-half (37 1/2) hours
per week but does not include time worked on a holiday;
(ii) in the case of a part-time employee whose normal scheduled hours of
work are in excess of seven and one-half (7 1/2) hours per day in accordance
with clause 37.13 of this article, authorized work in excess of those normal
scheduled daily hours or an average of thirty-seven and one-half (37 1/2)
hours per week.
37.08 Subject to clause 8.05 of Article 8, Overtime, a
part-time employee who is required to work overtime shall be paid at time and
one half for all overtime hours, except where an employee works more than seven
and one-half (7 1/2) overtime hours in any workday the employee shall be paid at
double (2) time after the first seven and a half (7 1/2) overtime hours until
the conclusion of the overtime requirement.
Vacation Leave
37.09 A part-time employee shall earn vacation 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 clause 15.02, 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 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 the 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 work week per
month;
(g) when the entitlement is eighteen decimal seven five (18.75) hours a
month, .5 multiplied by the number of hours in the employee's work week per
month;
Sick Leave
37.10 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.
Vacation and Sick Leave Administration
37.11
(a) For the purposes of administration of clauses 37.09 and 37.10, 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 vacation or sick leave credits
in excess of the entitlement of a full-time employee.
Severance Pay
37.12 Notwithstanding the provisions of Article 19,
Severance Pay, where the period of continuous employment in respect of which
severance benefit is to be paid consists of both full- and part-time employment
or varying levels of part-time employment, the benefit shall be calculated as
follows: the period of continuous employment eligible for severance pay shall be
established and the part-time portions shall be consolidated to equivalent
full-time. The equivalent full-time period in years shall be multiplied by the
full-time weekly pay rate for the appropriate group and level to produce the
severance pay benefit.
Variable Hours of Work
37.13 Upon request of an employee and with the concurrence
of the Employer, a part-time employee may complete his scheduled weekly hours of
work in a manner that permits such an employee to work in excess of seven and
one-half (7 1/2) hours in any one day provided that over a period of
twenty-eight (28) calendar days the part-time employee works an average of his
or her scheduled weekly hours of work. As part of this clause, attendance
reporting shall be mutually agreed between the employee and the Employer.
37.14 For an employee who completes required hours of work
pursuant to 37.13, the definition of "daily rate of pay" paragraph
2.01(d) of Article 2 shall not apply.
38.01 For the purpose of this Article:
(a) a formal assessment and/or appraisal of an employee's performance means
any written assessment and/or appraisal by any supervisor of how well the
employee has performed his assigned tasks during a specified period in the past;
(b) formal assessments and/or appraisals of employee performance shall be
recorded on a form prescribed by the Employer for this purpose.
38.02
(a) When a formal assessment of an employee's performance is made, the
employee concerned must be given an opportunity to sign the assessment form in
question upon its completion to indicate that its contents have been read. An
employee's signature on his assessment form shall be considered to be an
indication only that its contents have been read and shall not indicate his
concurrence with the statements contained on the form. A copy of the employee's
assessment form shall be provided to him at the time the assessment is signed by
the employee.
(b) The Employer's representative(s) who assess an employee's performance
must have observed or been aware of the employee's performance for at least
one-half (1/2) of the period for which the employee's performance is evaluated.
(c) An employee has the right to make written comments to be attached to the
performance review form.
38.03 When an employee disagrees with the assessment and/or
appraisal of his work he shall have the right to present written counter
arguments to the manager(s) or committee(s) responsible for the assessment
and/or appraisal decision.
38.04 Upon written request of an employee, the personnel
file of that employee shall be made available once per year for his examination
in the presence of an authorized representative of the Employer.
38.05 When a report pertaining to an employee's performance
or conduct is placed on that employee's personnel file, the employee concerned
shall be given an opportunity to sign the report in question to indicate that
its contents have been read.
39.01 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.
40.01 A Penological Factor Allowance shall be payable to
incumbents in some positions in the bargaining unit which are in Correctional
Service Canada, subject to the following conditions.
40.02 The Penological Factor Allowance is used to provide
additional compensation to an incumbent of a position who, by reason of duties
being performed in a penitentiary, as defined in the Corrections and
Conditional Release Act as amended from time to time, assumes additional
responsibilities for the custody of inmates other than those exercised by the
Correctional Group.
40.03 The payment of the allowance for the Penological
Factor is determined by designated security level of the penitentiary as
determined by the Correctional Service of Canada. For those institutions with
more than one (1) designated security level (i.e. multi-level institutions), the
PFA shall be determined by the highest security level of the institution.
40.04
Penological Factor
Designated Security level of the Penitentiary
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Maximum
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Medium
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Minimum
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$2,000
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$1,000
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$600
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Application of PFA
40.05 Penological Factor Allowance shall only be payable to
the incumbent of a position on the establishment of, or loaned to, Correctional
Staff Colleges, Regional Headquarters, and National Headquarters, when the
conditions described in clause 40.02 above are applicable.
40.06 The applicability of PFA to a position and the
position's level of PFA entitlement, shall be determined by the Employer
following consultation with the Institute.
40.07 Except as prescribed in clause 40.10 below, an
employee shall be entitled to receive PFA for any month in which he or she
receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
40.08 Except as provided in clause 40.09 below, PFA shall be
adjusted when the incumbent of a position to which PFA applies, is appointed or
assigned duties in another position to which a different level of PFA applies,
regardless of whether such appointment or assignment is temporary or permanent,
and for each month in which an employee performs duties in more than one
position to which PFA applies, the employee shall receive the higher allowance,
provided he or she has performed duties for at least ten (10) days as the
incumbent of the position to which the higher allowance applies.
40.09 When the incumbent of a position to which PFA applies,
is temporarily assigned a position to which a different level of PFA, or no PFA,
applies, and when the employee's basic monthly pay entitlement in the position
to which he or she is temporarily assigned, plus PFA, if applicable, would be
less than his or her basic monthly pay entitlement plus PFA in his or her
regular position, the employee shall receive the PFA applicable to his or her
regular position.
40.10 An employee will be entitled to receive PFA, in
accordance with the PFA applicable to his or her regular position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive
calendar days,
or
(b) during the full period of paid leave where an employee is granted
injury-on-duty leave with pay because of an injury resulting from an act of
violence from one or more inmates.
40.11 PFA shall not form part of an employee's salary except
for the purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations
40.12 If, in any month, an employee is disabled or dies
prior to establishing an entitlement to PFA, the PFA benefits accruing to the
employee or the employee's estate shall be determined in accordance with the PFA
entitlement for the month preceding such disablement or death.
41.01 The Employer agrees to continue the past practice of
ensuring that employees have ready access to all publications considered
necessary to their work by the Employer.
41.02 The Employer agrees that original articles,
professional and technical papers prepared by an employee, within the scope of
his 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.
41.03 When an employee acts as a sole or joint author or
editor of an original publication, his authorship or editorship shall normally
be shown on the title page of such publication.
41.04
(a) The Employer may suggest revisions to material and may withhold approval
to publish an employee's publication.
(b) When approval for publication is withheld, the author(s) shall be so
informed.
(c) Where the Employer wishes to make changes in material submitted for
publication with which the author does not agree, the employee shall not be
credited publicly if he so requests.
42.01 The Institute 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 workplace.
42.02
(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 42.02(a), a level in the grievance procedure
is waived, no other level shall be waived except by mutual agreement.
43.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practised with respect to an employee by reason of age, race,
creed, colour, national or ethnic origin, religious affiliation, sex, sexual
orientation, family status, marital status, mental or physical disability,
membership or activity in the union or conviction for which a pardon has been
granted.
44.01 An employee who is pregnant or nursing may, during the
period from the beginning of pregnancy to the end of the twenty-fourth (24th)
week following the birth, request the Employer to modify her job functions or
reassign her to another job if, by reason of the pregnancy or nursing,
continuing any of her current functions may pose a risk to her health or that of
the foetus or child.
44.02 An employee's request under clause 44.01 must be
accompanied or followed as soon as possible by a medical certificate indicating
the expected duration of the potential risk and the activities or conditions to
avoid in order to eliminate the risk. Dependent upon the particular
circumstances of the request, the Employer may obtain an independent medical
opinion.
44.03 An employee who has made a request under clause 44.01
is entitled to continue in her current job while the Employer examines her
request, but, if the risk posed by continuing any of her job functions so
requires, she is entitled to be immediately assigned alternative duties until
such time as the Employer:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable to modify
her job functions or reassign her.
44.04 Where reasonably practicable, the Employer shall
modify the employee's job functions or reassign her.
44.05 Where the Employer concludes that a modification of
job functions or a reassignment that would avoid the activities or conditions
indicated in the medical certificate is not reasonably practicable, the Employer
shall so inform the employee in writing and shall grant leave of absence without
pay to the employee for the duration of the risk as indicated in the medical
certificate. However, such leave shall end no later than twenty-four (24) weeks
after the birth.
44.06 An employee whose job functions have been modified,
who has been reassigned or who is on leave of absence shall give at least two
(2) weeks notice in writing to the Employer of any change in duration of the
risk or the inability as indicated in the medical certificate, unless there is a
valid reason why that notice cannot be given. Such notice must be accompanied by
a new medical certificate.
45.01 Up to half (1/2) a day of reasonable time off with pay
will be granted to pregnant employees for the purpose of attending routine
medical appointments.
45.02 Where a series of continuing appointments are
necessary for the treatment of a particular condition relating to the pregnancy,
absences shall be charged to sick leave.
46.01 The Employer shall make every reasonable effort to
accommodate an employee who requests time off to fulfill his or her religious
obligations.
46.02 Employees may, in accordance with the provisions of
this Agreement, request annual leave, compensatory leave, leave without pay for
other reasons or a shift exchange (in the case of a shift worker) in order to
fulfill their religious obligations.
46.03 Notwithstanding clause 46.02, at the request of the
employee and at the discretion of the Employer, time off with pay may be granted
to the employee in order to fulfill his or her religious obligations. The number
of hours with pay so granted must be made up hour for hour within a period of
six (6) months, at times agreed to by the Employer. Hours worked as a result of
time off granted under this clause shall not be compensated nor should they
result in any additional payments by the Employer.
46.04 An employee who intends to request leave or time off
under this Article must give notice to the Employer as far in advance as
possible but no later than four (4) weeks before the requested period of
absence.
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