37.01 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.
**
37.02 When an employee is required to attend a
meeting, the purpose of which is to conduct a disciplinary hearing concerning
him or to render a disciplinary decision concerning him, the employee is
entitled to have, at his request, a representative of the Institute attend the
meeting. Where practicable, the employee shall receive a minimum of two (2) days
notice of such a meeting as well as its purpose.
**
37.03 At any administrative inquiry, hearing or
investigation conducted by the Employer, where the actions of an employee may
have had a bearing on the events or circumstances leading thereto, and the
employee is required to appear at the administrative inquiry, hearing or
investigation being conducted, he may be accompanied by a representative of the
Institute. The unavailability of the representative will not delay the inquiry,
hearing or investigation more than forty-eight (48) hours from the time of
notification to the employee.
**
37.04 Subject to the Access to Information Act and
Privacy Act, the Employer shall provide the employee access to the
information used during the disciplinary investigation.
37.05 The Employer agrees not to introduce as
evidence in a hearing relating to disciplinary action any document concerning
the conduct or performance of an employee the existence of which the employee
was not aware at the time of filing or within a reasonable time thereafter.
**
37.06 When an employee is suspended from duty, the
Employer undertakes to notify the employee in writing of the reason for such
suspension. The Employer shall endeavour to give such notification at the
time of suspension.
37.07 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.
38.01 If employees whose normal duties are performed
on the premises of another Employer are prevented from performing their duties
because of a strike or lock-out on this other Employer's premises, the employees
shall report the matter to the Employer and the Employer will consider measures
designed to ensure that, so long as work is available, the employees affected
are not denied regular pay and benefits to which they would normally be
entitled.
39.01 Definition
(a) 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.
**
(b) Notwithstanding the provisions of 39.01(a), NU-CHN's in
FNIHB, (known as regular part-time employees), whose normal scheduled hours of
work average less than thirty-seven and one-half (37 1/2) hours per week, and
whose hours are averaged over the period prescribed in the certificate of
appointment, shall be subject to the provisions of this article.
39.02 General
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 compared with the normal weekly hours of work of full-time
employees unless otherwise specified in this Agreement.
39.03 Part-time employees shall be paid at the 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 unless the employee is
working other daily or weekly hours of work as prescribed pursuant to Article 8,
hours of Work and Shift Work.
39.04 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.
39.05 Leave will only be provided:
(a) during those periods in which employees are scheduled to
perform their duties;
or
(b) where it may displace other leave as prescribed by this
Agreement.
39.06 Designated Holidays
A part-time employee shall not be paid for the designated
holidays but shall, instead be paid a premium of four decimal two five per cent
(4.25%) for all straight-time hours worked during the period of part-time
employment.
39.07 Subject to Article 9, Overtime, 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 according to paragraph 9.01(b) for all
hours worked on the holiday.
39.08 Overtime
"Overtime" means work required by the Employer, to be
performed by the employee, in excess of those hours prescribed in clause 39.03
but does not include time worked on a holiday.
39.09 Subject to Article 9, Overtime, a part-time
employee who is required to work overtime shall be paid at time d one-half (1
1/2) for all overtime hours worked. The provisions of clause 9.04, Compensatory
Leave, do not apply.
39.10 Call-back
(a) When a part-time employee is called back to work or when a
part-time employee who is on standby duty is called back to work by the Employer
anytime outside his normal working hours, and such employee is not entitled to
overtime in accordance with the present article, the employee shall be entitled
to the greater of:
(i) a minimum of three (3) hours' pay at the straight-time
rate;
or
(ii) compensation at the applicable rate for all hours
worked.
(b) When a part-time employee is entitled to overtime in
accordance with the present article the employee shall be paid in accordance
with Article 10, Call-back, of this Agreement.
**
39.11 Vacation Leave
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
workweek 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 workweek 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 workweek
per month;
(d) when the entitlement is fourteen decimal four (14.4) hours a
month, .383 multiplied by the number of hours in the employee's workweek per
month;
(e) when the entitlement fifteen decimal six two five (15.625)
hours a month, .417 multiplied by the number of hours in the employee's workweek
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.
39.12 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.
39.13 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 39.11 and
39.12, 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.
39.14 Severance Pay
Notwithstanding the provisions of Article 19, Severance Pay,
where the period of continuous employment in respect of which a 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.
39.15 The weekly rate of pay referred to in clause
39.14 shall be the weekly rate of pay to which the employee is entitled for the
classification prescribed in the employee's certificate of appointment,
immediately prior to the termination of employment.
40.01 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 assessment and/or appraisals of employee performance
shall be recorded on a form prescribed by the Employer for this purpose.
40.02
(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 the 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 assesses 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.
40.03 When an employee disagrees with the assessment
and/or appraisal of his work the employee shall have the right to present
written counter arguments to the manager(s) or committee(s) responsible for the
assessment and/or appraisal decision.
40.04 Upon written request of an employee, all the
personnel files of that employee shall be made available once per year for his
examination in the presence of an authorized representative of the Employer.
40.05 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.
41.01 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.
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 work place.
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.
42.03 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.
**
42.04 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 Act and Privacy
Act.
43.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practiced 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, a conviction for which a pardon has
been granted, mental or physical disability, or membership or activity in the
Institute.
43.02
(a) Any level in the grievance procedure shall be waived if a
person hearing the grievance is the subject of a complaint.
(b) If by reason of paragraph 43.02(a) a level in the grievance
procedure is waived, no other level shall be waived except by mutual agreement.
43.03 By mutual agreement, the parties may use a
mediator in an attempt to settle a grievance dealing with discrimination. The
selection of the mediator will be by mutual agreement.
**
43.04 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 Act and Privacy
Act.
General
44.01 A Penological Factor Allowance shall be payable
to incumbents in some positions in the bargaining unit which are in Correctional
Services Canada, subject to the following conditions.
**
44.02 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.
**
44.03 The payment
of the allowance for the Penological Factor is determined by the designated
security level of the penitentiary as determined by the Correctional Services
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.
**
Amount of PFA
44.04
Penological Factor (X)
Designated Security level of the Penitentiary |
Maximum |
Medium |
Minimum |
$2,000 |
$1,000 |
$600 |
Application of PFA
44.05 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 44.02 above are applicable.
44.06 The applicability of PFA to a position and the
position's degree of PFA entitlement, shall be determined by the Employer
following consultation with the Institute.
44.07 Except as prescribed in clause 44.09 below, an
employee shall be entitled to receive PFA for any month in which he receives a
minimum of ten (10) days' pay in a position(s) to which PFA applies.
**
44.08 Except as provided in clause 44.08 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 has performed duties for at least ten (10) days as the
incumbent of the position to which the higher allowance applies.
**
44.09 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 is temporarily assigned, plus PFA, if applicable, would be
less than his basic monthly pay entitlement plus PFA in his regular position,
the employee shall receive the PFA applicable to his regular position.
44.10 An employee will be entitled to receive PFA, in
accordance with the PFA applicable to his 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.
44.11 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
44.12 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.
45.01 Except as provided in clauses 45.01 to 45.10
inclusive, and the Notes to Appendix "A" of this Agreement, the terms
and conditions governing the application of pay to employees are not affected by
this Agreement.
45.02 An employee is entitled to be paid for services
rendered at:
(a) the pay specified in Appendix "A" for the
classification of the position to which the employee is appointed, if the
classification coincides with that prescribed in his certificate of appointment,
or
(b) the pay specified in Appendix "A" for the
classification prescribed in his certificate of appointment, if that
classification and the classification of the position to which the employee is
appointed do not coincide.
45.03 The rates of pay set forth in Appendix
"A" shall become effective on the date specified therein.
45.04 Only rates of pay and compensation for overtime
which has been paid to an employee during the retroactive period will be
recomputed and the difference between the amount paid on the old rates of pay
and the amount payable on the new rates of pay will be paid to the employee.
45.05 Pay Administration
When two (2) or more of the following actions occur on the same
date, namely appointment, pay increment, pay revision, the employee's rate of
pay shall be calculated in the following sequence:
(a) the employee shall receive their pay increment;
(b) the employee's rate of pay shall be revised;
(c) the employee's rate of pay on appointment shall be
established in accordance with this Agreement.
**
45.06 Rates of Pay
(a) The rates of pay set forth in Appendix "A" shall
become effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A"
have an effective date prior to the date of signing of this Agreement, the
following shall apply:
(i) "retroactive period" for the purpose of
subparagraphs (ii) to (v) means the period from the effective date of the
revision up to and including the day before the collective agreement is
signed or when an arbitral award is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall
apply to employees, former employees or in the case of death, the estates of
former employees who were employees in the groups identified in Article 25
of this Agreement during the retroactive period;
(iii) for initial appointments made during the retroactive
period, the rate of pay selected in the revised rates of pay is the rate
which is shown immediately below the rate of pay being received prior to the
revision;
(iv) for promotions, demotions, deployments, transfers or
acting situations effective during the retroactive period, the rate of pay
shall be recalculated, in accordance with the Public Service Terms and
Conditions of Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay shown immediately below the
rate of pay being received prior to the revision;
(v) no payment or no notification shall be made pursuant to
paragraph 45.06(b) for one dollar ($1.00) or less.
45.07 This Article is subject to the Memorandum of
Understanding signed by the Employer and the Professional Institute of the
Public Service of Canada dated 21 July 1982 in respect of red-circled employees.
45.08 Overpayment
Should there be an error made in pay calculations resulting in
an overpayment, the employee shall be notified beforehand in writing of the
requirement for repayment to the employer and the intended repayment schedule.
The employer will discuss the proposed schedule with the employee prior to
putting it into effect.
45.09 Acting Pay
(a) When an employee is required by the Employer to
substantially perform the duties of a higher classification level on an acting
basis for the number of consecutive working days indicated in (i) or (ii), the
employee shall be paid acting pay calculated from the date on which the employee
commenced to act as if the employee had been appointed to that higher
classification level for the period in which the employee acts.
(i) two (2) working days: ND-DIT and OP level 1, and NU-CHN
and NU-HOS levels 1-4;
(ii) four (4) working days: all other employees.
(b) When a day designated as a paid holiday occurs during the
qualifying period, the holiday shall be considered as a day worked for the
purpose of the qualifying period.
**
45.10 New Classification Standard
If, during the term of this Agreement, a new classification
standard is established and implemented by the Employer, the Employer shall,
before applying rates of pay to new levels resulting from the application of the
standard, negotiate with the Institute the rates of pay and the rules affecting
the pay of employees on their movement to the new levels.
**
46.01 Principle
The following conditions shall apply to employees to whom the
provisions of clause 8.06 (Compressed Work Week) and subparagraph 8.09(e)(i)
(shift longer than 7 1/2 hours) of Article 8 apply.
It is agreed that the implementation of any variation in hours
shall not result under any circumstances in any additional expenditure or cost
by reason of such variation.
Before changing the hours of work approved under article
8.09(e)(i), the employer shall consult with the Institute. Such consultation
shall be held no later than two (2) months prior to the modification of the
hours of work agreed to under article 8.09(e)(i).
During the consultation, the employer shall provide the union
with the relevant information (such as statistics and rationale) in support of
the proposed change.
46.02 General Application
(a) Conversion to Hours
(i) The provisions of the Collective Agreement which specify
days shall be converted to hours based on a seven and one-half (7 1/2) hour
day as follows:
- |
five-twelfths (5/12) day |
= |
3.125 hours |
- |
one (1) day |
= |
7.500 hours |
- |
one and one-quarter (1 1/4) days |
= |
9.375 hours |
- |
one and two-thirds (1 2/3) days |
= |
12.500 hours |
- |
one and eleven-twelfth (1 11/12) days |
= |
14.375 hours |
- |
two and one-twelfth (2 1/12) days |
= |
15.625 hours |
- |
two and one half (2 1/2) days |
= |
18.750 hours |
(ii) Notwithstanding the above, in clause 17.02, Bereavement
Leave with Pay, and Article 34, Grievance Procedure, a day will have the
same meaning as the provisions of the collective agreement.
(b) Implementation and Termination
Effective the date on which clause 8.06 and paragraph 8.09(c) of
Article 8, hours of Work and Shift Work, apply or cease to apply to an employee,
the accrued vacation and sick leave credits shall be converted to days or hours,
as applicable.
(c) Leave - Usage
When leave is granted, it will be granted on an hourly basis
with the hours debited for each day of leave being the same as the hours the
employee would normally have been scheduled to work on that day.
46.03 Specific Applications
For greater certainty, the following provisions shall be
administered as provided herein:
(a) Article 2 - Interpretation and Definitions
Paragraph 2.01(c) - "daily rate of pay" - shall not
apply.
(b) Article 9 - Overtime
(i) Overtime compensation shall only be applicable on a normal
work day for hours in excess of the employee's scheduled daily hours of work.
(ii) The provision of two (2) times the straight-time hourly
rate still applies when a designated paid holiday(s) separates the period of
consecutive and contiguous days of rest provided the requirements of
subparagraph 46.03(b)(i) above are met.
(c) Article 12 - Designated Paid Holiday
A designated holiday shall account for seven and one-half (7
1/2) hours.
(d) Article 13 - Travelling Time
Overtime compensation referred to in clause 13.01 shall only be
applicable on a normal work day for hours in excess of the employee's scheduled
daily hours of work.
(e) Article 15 - Vacation Leave
Leave When Employment Terminates
When an employee dies or otherwise ceases to be employed, he or
his estate shall be paid an amount equal to the product obtained by multiplying
the number of hours of earned but unused vacation and furlough leave with pay to
his credit by the hourly rate of pay as calculated from the rate specified in
his certificate of appointment prior to the termination of his employment.
**
47.01
(a) An employee on shift work shall receive a shift premium of
two dollars ($2.00) per hour for all hours worked between 1600 and 0800 hours.
The shift premium will not be paid for hours worked between 0800 and 1600 hours.
Paragraph (b) applies only to NU employees in
St-Anne-de-Bellevue Hospital
(b) An employee on shift work shall receive a shift premium of
two dollars ($2.00) per hour for all hours worked between 1530 and 0730 hours.
The shift premium will not be paid for hours worked on the day shift between
0730 and 1530 hours.
47.02
**
(a) Employees shall receive an additional premium of two dollars
($2.00) per hour for work on a Saturday and/or Sunday for hours worked as
stipulated in (b) below.
(b) Weekend premiums shall be payable in respect of all
regularly scheduled hours at straight-time rates worked on Saturday and/or
Sunday.
48.01
(a) When a full-time employee is required to attend one of the
following proceedings outside a period which extends before or beyond three (3)
hours his scheduled hours of work on a day during which he would be eligible for
a shift premium, the employee may request that his hours of work on that day be
scheduled between 7 a.m. and 6 p.m.
(i) Public Service Labour Relations Board Proceedings
Clauses 30.01, 30.02, 30.04, 30.05 and 30.06.
(ii) Contract Negotiation and Preparatory Contract
Negotiation Meetings
Clauses 30.10 and 30.11.
(iii) Personnel Selection Process
Article 17.14.
(iv) To write Provincial Certification Examinations which
are a requirement for the continuation of the performance of the duties of
the employee's position.
(v) Training Courses which the employee is required to
attend by the Employer.
**
(vi) Provincial Workers Compensation Hearings.
(b) In no case will the employee be required to report back for
work on his next scheduled work period without at least twelve (12) hours of
rest; nor will the employee lose any portion of his regular pay because the
employee reported for work later than the scheduled start of the shift.
(c) In every case, such request will be granted provided there
is no increase in cost to the Employer.
(d) Notwithstanding paragraph (c), proceedings described in
sub-paragraph 48.01(a)(v) are not subject to the condition that there be no
increase in cost to the Employer.
49.01 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.
50.01 An employee certified pursuant to the Transportation
of Dangerous Goods Act and who is assigned the responsibility for packaging
and labelling of Dangerous Goods for shipping in accordance with the above Act,
shall receive a daily allowance of three dollars and fifty cents ($3.50) for
each day they are required to package and label Dangerous Goods for shipping, to
a maximum of seventy-five dollars ($75) in a month where the employee maintains
such certification.
51.01 This Agreement may be amended by mutual
consent. If either party wishes to amend or vary this Agreement, it shall give
to the other party notice of any amendment proposed and the parties shall meet
and discuss such proposal not later than one (1) calendar month after receipt of
such notice.
**
52.01 The duration of this Collective Agreement shall
be from the date it is signed to 30 September 2007.
52.02 Unless otherwise expressly stipulated, the
provisions of this Agreement shall become effective on the date it is signed.
SIGNED AT OTTAWA, this 31st day of the month of May
2005.
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL
INSTITUTE OF THE PUBLIC
SERVICE OF CANADA |
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL
INSTITUTE OF THE PUBLIC
SERVICE OF CANADA |
|