**
23.01 The parties have agreed that in cases where, as
a result of technological change, the services of an employee are no longer
required beyond a specified date because of lack of work or the discontinuance
of a function, the Work Force Adjustment Agreement in Appendix "S"
concluded by the parties will apply. In all other cases, the following clauses
will apply:
23.02 In this Article "Technological
Change" means:
(a) the introduction by the Employer of equipment or material of
a substantially different nature than that previously utilized which will result
in significant changes in the employment status or working conditions of
employees;
or
(b) a major change in the Employer's operation directly related
to the introduction of that equipment or material which will result in
significant changes in the employment status or working conditions of the
employees.
23.03 Both parties recognize the overall advantages
of technological change and will, therefore, encourage and promote technological
change in the Employer's operations. Where technological change is to be
implemented, the Employer will seek ways and means of minimizing adverse effects
on employees which might result from such changes.
**
23.04 The Employer agrees to provide as much advance
notice as is practicable but, except in cases of emergency, not less than one
hundred and eighty (180) days written notice to the Institute of the
introduction or implementation of technological change.
23.05 The written notice provided for in clause 23.04
will provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to
effect change;
(c) the location or locations involved.
23.06 As soon as reasonably practicable after notice
is given under clause 23.04, the Employer shall consult meaningfully with the
Institute concerning the effects of the technological change referred to in
clause 23.04 on each group of employees. Such consultation will include but not
necessarily be limited to the following:
(a) the approximate number, class and location of employees
likely to be affected by the change;
(b) the effect the change may be expected to have on working
conditions or terms and conditions of employment on employees.
23.07 When, as a result of technological change, the
Employer determines that an employee requires new skills or knowledge in order
to perform the duties of his substantive position, the Employer will make every
reasonable effort to provide the necessary training during the employee's
working hours and at no cost to the employee.
24.01 The Employer shall continue to make all
reasonable provisions for the occupational safety and health of employees. The
Employer will welcome suggestions on the subject from the Institute and the
parties undertake to consult with a view to adopting and expeditiously carrying
out reasonable procedures and techniques designed or intended to prevent or
reduce the risk of employment injury or occupational illness, including critical
incident stress management services consistent with Treasury Board employee
Assistance Program policy.
24.02 The Employer shall provide the employee with
immunization or prophylactic drugs against communicable diseases or infection
where there is a risk of incurring such diseases or infection in the performance
of the employee's duties.
24.03 The Employer shall provide for a pre-employment
physical examination including chest x-ray for each new NU employee, and for
other employees at risk as determined by the Employer in accordance with the
Occupational Health Evaluation Standard. The Employer shall also provide for
employees a health evaluation in accordance with the Periodic Health Evaluation
Standard.
25.01 The Employer recognizes the Institute as the
exclusive bargaining agent for all employees described in the certificate issued
by the Public Service Labour Relations Board on 10 June 1999 covering employees
of the Health Services Group.
25.02 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.
26.01 The Employer will as a condition of employment
deduct an amount equal to the amount of the membership dues from the monthly pay
of all employees in the bargaining unit.
26.02 The Institute shall inform the Employer in
writing of the authorized monthly deduction to be checked off for each employee
defined in clause 26.01.
26.03 For the purpose of applying clause 26.01,
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.
26.04 An employee who satisfies the Employer to the
extent that he declares in an affidavit that he is a member of a religious
organization whose doctrine prevents him as a matter of conscience from making
financial contributions to an employee organization and that he will make
contributions to a charitable organization registered pursuant to the Income
Tax Act, other than the religious organization named in the affidavit, 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 organization involved. A copy of the affidavit will be provided to the
Institute.
26.05 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 monies deducted by the
Employer from the pay of employees in the bargaining unit.
26.06 The amounts deducted in accordance with clause
26.01 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 the employee's behalf.
26.07 The Employer agrees to continue the past
practice of making deductions for other purposes on the basis of the production
of appropriate documentation.
26.08 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.
26.09 When it is mutually acknowledged that an error
has been committed, the Employer shall endeavour to correct such error within
the two (2) pay periods following the acknowledgement of error.
26.10 Where an employee does not have sufficient
earnings in respect of any month to permit deductions under this Article the
Employer shall not be obligated to make such deductions for that month from
subsequent salary.
27.01 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.
27.02 Bulletin Boards
(a) Reasonable space on bulletin boards including electronic
bulletin boards, where available will be made available to the Bargaining Agent
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 and social and recreational events. 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.
(b) In Health Canada nursing stations and health centres, the
Employer agrees the Institute can use the fax machines for the purpose
stipulated in paragraph 27.02(a), subject to the same conditions.
27.03 Institute Literature
The Employer will continue its practice of making available to
the Institute a specific location on its premises for the storage and placement
of a reasonable quantity of Institute files and literature.
28.01 The Employer agrees to supply 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, 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.
28.02 The Employer agrees to supply each employee
with a copy of the Collective Agreement and any amendments thereto.
28.03 Upon the written request of an employee, the
Employer shall make available at a mutually satisfactory time National Joint
Council Agreements listed in clause 35.03 which have a direct bearing on the
requesting employee's terms and conditions of employment.
**
28.04
(a) 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.
(b) The Institute shall have the opportunity to have an employee
representative introduced to new employees as part of the Employer's formal
orientation programmes, where those programmes exist.
29.01 The Employer acknowledges the exclusive right
of the Institute to appoint Stewards and other Institute representatives from
amongst the members of bargaining units for which the Institute is the certified
bargaining agent.
29.02 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.
29.03 The Institute shall inform the Employer
promptly and in writing of the names of its Stewards, their jurisdiction, and of
any subsequent changes.
29.04 Leave for Stewards
(a) Operational requirements permitting, the Employer shall
grant leave with pay to an employee to enable the employee to carry out the
employee's functions as a Steward on the Employer's premises. When the discharge
of these functions require an employee who is a Steward to leave his normal
place of work, the employee shall report his return to his supervisor whenever
practicable.
**
(b)
(i) Scheduled paid leave for Stewards shall not be cancelled
by the Employer unless there is an urgent operational requirement.
(ii) In the case of cancellation of such leave, the Employer
shall give the written reason thereof, upon written request from the
Steward.
30.01 Public Service Labour Relations Board Hearings
Complaints Made to the Public Service Labour Relations Board Pursuant to the
former Section 23 of the Public Service Staff 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.
30.02 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.
30.03 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.
30.04 Arbitration Board, Public Interest Commission Hearings and Alternative
Dispute Resolution Process
When operational requirements permit, the Employer will grant
leave with pay to a reasonable number of employees representing the Institute
before an Arbitration Board, Public Interest Commission or an Alternative
Dispute Resolution Process.
30.05 Employee Called as a Witness
The Employer will grant leave with pay to an employee called as
witness by an Arbitration Board, Public Interest Commission or an Alternative
Dispute Resolution Process and, when operational requirements permit, leave with
pay to an employee called as a witness by the Institute.
30.06 Adjudication
Where operational requirements permit, the Employer will grant
leave with pay to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an
adjudication,
or
(c) a witness called by an employee who is party to an
adjudication.
30.07 Meetings During the Grievance Process
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.
30.08 Employee Who Acts as Representative
Where an employee who has presented a grievance wishes to be
represented by an employee at a meeting with the Employer, 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.
30.09 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.
30.10 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.
30.11 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant
leave without pay to an employee to attend preparatory contract negotiations
meetings.
30.12 Meetings Between the Institute and Management
Where operational requirements permit, the Employer will grant
leave with pay to an employee to attend meetings with management on behalf of
the Institute.
30.13 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 the by-laws of the Institute.
30.14 Employee Representatives Training Courses
(a) Where operational requirements permit, the Employer will
grant leave without pay to employees appointed as employee representatives by
the Institute, to undertake training sponsored by the Institute related to the
duties of an employee representative.
(b) Where operational requirements permit, the Employer will
grant leave with pay to employees appointed as employee representatives by the
Institute, to attend training sessions concerning Employer-employee relations
sponsored by the Employer.
31.01 The Public Service Labour Relations Act
provides penalties for engaging in illegal strikes. 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 or herself of the grievance procedure provided in this
Agreement.
33.01 The Employer and the Institute agree it is
appropriate to resolve disputes at the level where they occur without
necessarily invoking the filing of a grievance, and preferably at the lowest
possible level of management with the involvement of an Institute
representative. Accordingly, when disputes might arise, the manager and the
Institute representative endeavour to foster open co-operation, frank exchanges
of views and a quest for innovative solutions.
34.01 In cases of alleged misinterpretation or
misapplication arising out of 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, the grievance procedure
will be in accordance with Section 7.0 of the NJC by-laws.
34.02 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 34.09, gives notice that they wish
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.
34.03 An employee who wishes to present a grievance
at any prescribed step in the grievance procedure, shall transmit this grievance
to the 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.
34.04 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.
34.05 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 34.03, except that:
(a) where there is another administrative procedure provided by
or under any Act of Parliament to deal with the 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, the employee is
not entitled to present the grievance unless the employee has the approval of
and is represented by the Institute.
34.06 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 (1st) 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 Deputy Head or authorized
representative.
34.07 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.
34.08 If the employee so desires, they 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.
34.09 An employee may present a grievance to the
first (1st) step of the procedure in the manner prescribed in clause
34.03, not later than the twenty-fifth (25th) day after the date on
which the employee is notified orally or in writing or on which the employee
first becomes aware of the action or circumstances giving rise to the grievance.
34.10 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 the
employee, within ten (10) days after that decision or settlement has been
conveyed in writing to the employee by the Employer,
or
(b) where the Employer has not conveyed a decision to the
employee within the time prescribed in clause 34.11, within fifteen (15) days
after the employee presented the grievance at the previous step.
34.11 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.
34.12 Where an employee has been represented by the
Institute in the presentation of a 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.
34.13 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.
34.14 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.
34.15 Where the provisions of clause 34.03 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 the 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.
34.16 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
34.18.
34.17 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.
34.18 Where the Employer demotes or terminates an
employee for cause 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.
34.19 An employee may by written notice to their
immediate supervisor or officer-in-charge abandon a grievance.
34.20 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 the employee's
control, they were unable to comply with the prescribed time limits.
34.21 No person shall seek by intimidation, by threat
of dismissal or by any other kind of threat to cause an employee to abandon a
grievance or refrain from exercising the right to present a grievance, as
provided in this Collective Agreement.
34.22 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 the employee
of a provision of this Collective Agreement or related Arbitral Award,
or
(b) disciplinary action resulting in suspension or a financial
penalty,
or
(c) termination of employment or demotion pursuant to paragraph
12(1)(c), (d) or (e) of the Financial Administration Act.
and the employee's grievance has not been dealt with to the
employee's satisfaction, the employee may refer the grievance to adjudication in
accordance with the provisions of the Public Service Labour Relations Act
and Regulations.
34.23 Where a grievance that may be presented by an
employee to adjudication is a grievance relating to the interpretation or
application in respect of the employee 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.
35.01 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 6 December 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.
35.02 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 paragraph (c) of the NJC
Memorandum of Understanding which became effective 6 December 1978.
**
35.03 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,
form part of this Collective Agreement:
(1) Bilingualism Bonus Policy 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) Material 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) Travel Directive
(24) NJC Relocation - IRP Directive
(25) Uniforms Directive
(26) Public Service Health Care Plan Directive
(27) Memorandum of Understanding on the Definition of Spouse
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 34.01 of the Article on
grievance procedure in this Collective Agreement.
36.01 The parties acknowledge the mutual benefits to
be derived from joint consultation and will consult on matters of common
interest.
36.02 The subjects that may be determined as
appropriate for joint consultation will be by mutual agreement of the parties
and shall include consultation regarding career development, professional
responsibilities and standards, quality of client services and workload.
Consultation may be at the local, regional or national level as determined by
the parties.
36.03 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. Both parties agree to consult in a timely manner so
that the opinions of the consulted party can be taken into consideration before
a decision is taken.
Joint Consultation Committee Meetings
36.04 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.
36.05 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.
36.06 Joint Consultation Committees are prohibited
from agreeing to items which would alter any provision of this collective
agreement.
**
36.07 Without prejudice to the position the Employer
or the Institute may wish to take in future about the desirability of having the
subjects dealt with by the provisions of Collective Agreements, the following
subjects as they affect employees covered by this Agreement, shall be regarded
as appropriate subjects of consultation involving the Employer and the Institute
during the term of this Agreement:
(a) pay administration;
(b) relocation directive;
(c) training;
(d) cafeterias, mobile canteens, washrooms, restrooms, showers,
locker facilities and recreational facilities;
(e) parking privileges;
(f) payment of school fees and costs of transportation to school
for children of employees;
(g) provision of uniforms and protective clothing;
(h) provision to the Institute of departmental manuals and
Treasury Board directives.
36.08 With respect to the subjects listed in clause
36.07, the Employer agrees that new policies will not be introduced and existing
regulations or directives will not be cancelled or amended by the Treasury Board
in such a way as to affect employees covered by this Agreement until such time
as the Institute has been given a reasonable opportunity to consider and to
consult on the Employer's proposals.
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