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1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and
the Institute, to set forth certain terms and conditions of employment relating
to remuneration, hours of work, employee benefits and general working conditions
affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to improve
the quality of the Public Service of Canada, to maintain professional standards
and to promote the well-being and increased efficiency of its employees to the
end that the people of Canada will be well and effectively served. Accordingly,
they are determined to establish within the framework provided by law, an
effective working relationship at all levels of the Public Service in which
members of the bargaining units are employed.
1.03 The Employer recognizes the Institute as the exclusive
bargaining agent for all employees in the bargaining unit as described in clause 2.01(a),
and agrees to bargain collectively in accordance with the provisions of the Public
Service Staff Relations Act.
2.01 For the purpose of this Agreement:
(a) "bargaining unit" means all the employees of
the Employer in the Law Group, Scientific and Professional Category, as
described in the certificate issued by the Public Service Staff Relations Board
on the thirty-first (31st) day of March, 1969;
(b) "continuous employment" has the same meaning
as specified in the Public Service Terms and Conditions of Employment
Regulations on the date of the signing of this Agreement;
(c) "daily rate of pay" means an employee's weekly
rate of pay divided by five (5);
(d) "day of rest" in relation to an employee means
a day other than a designated paid holiday on which that employee is not
ordinarily required to perform the duties of his position other than by reason
of his being on leave;
(e) "designated paid holiday" means the
twenty-four (24) hour period commencing at 00:01 hour of a day
designated as a holiday in this Agreement;
(f) "double time" means two (2) times the
employee's hourly rate of pay:
(g) "employee" means a person so defined by the Public
Service Staff Relations Act and who is a member of the bargaining unit;
(h) "Employer" means Her Majesty in right of
Canada as represented by the Treasury Board, and includes any person authorized
to exercise the authority of the Treasury Board;
(i) "headquarters area" has the same meaning as
given to the expression in the Travel Directive;
(j) "hourly rate of pay" means a full-time
employee's weekly rate of pay divided by thirty-seven and one-half (37 1/2);
(k) "Institute" means the Professional Institute
of the Public Service of Canada;
(l) "lay-off" means the termination of an
employee's employment because of lack of work or because of the discontinuance
of a function;
(m) "leave" means authorized absence from duty;
(n) "membership dues" means the dues established
pursuant to the By-laws and Regulations of the Institute as the dues payable by
its members as a consequence of their membership in the Institute, and shall not
include any initiation fee, insurance premium, or special levy;
(o) "time and one-half" means one and one-half (1 1/2)
times the employee's hourly rate of pay;
(p) "weekly rate of pay" means an employee's
annual rate of pay divided by 52.176;
**
(q) "common-law partner" refers to a person living
in a conjugal relationship with an employee for a continuous period of at least
one (1) year;
**
(r) "overtime" means work required by the Employer
to be performed by the employee in excess of his or her normal work week of
thirty-seven and one-half (37 1/2) hours of work;
and
**
(s) "normal work week" shall be thirty-seven and
one-half (37 1/2) hours from Monday through Friday.
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement:
(a) if defined in the Public Service Staff Relations Act, have the
same meaning as given to them in the Public Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public
Service Staff Relations Act, have the same meaning as given to them in the Interpretation
Act.
3.01 Both the English and French texts of this Agreement are
official.
4.01 The parties agree that, in the event of a dispute
arising out of the interpretation of a clause or article of this Agreement, 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.
5.01 All the functions, rights, powers and authority which
the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an
abridgement or restriction of any employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
7.01 The Employer acknowledges the right of the Institute to
appoint employees as representatives.
7.02 The Employer and the Institute shall, by mutual
agreement, determine the area of jurisdiction of each Representative, having
regard to the plan of organization and the distribution of employees.
7.03 The Institute shall notify the Employer promptly and in
writing of the names and jurisdiction of its representatives.
7.04 Leave for Representatives
Operational requirements permitting, the Employer shall grant leave with pay
to an employee to enable him to carry out his functions as a Representative on
the Employer's premises. When the discharge of these functions requires an
employee who is a Representative to leave his normal place of work, the employee
shall report his return to his supervisor whenever practicable.
8.01 The provisions of this Agreement apply to the
Institute, employees and the Employer.
8.02 In this Agreement, words importing the masculine gender
shall include the feminine gender.
9.01 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 (1)
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.
9.02 The Employer agrees to supply each employee with a copy
of the Collective Agreement and any amendments thereto.
9.03 Upon the written request of an employee, the Employer
shall make available at a mutually satisfactory time National Joint Council
Agreements listed in clause 30.03 which have a direct bearing on the
requesting employee's terms and conditions of employment.
9.04 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.
**
10.01 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. Such permission shall not be unreasonably withheld.
10.02 Bulletin Boards
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.
10.03 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 Institute literature.
ARTICLE 11
LEAVE WITH OR WITHOUT PAY FOR INSTITUTE BUSINESS
OR FOR OTHER ACTIVITIES UNDER THE
PUBLIC SERVICE STAFF RELATIONS ACT
11.01 Public Service Staff Relations Board Hearings
(1) Complaints made to the Public Service Staff Relations Board pursuant
to 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 Staff Relations Board,
and
(b) to the 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 Staff Relations
Board,
and
(b) where operational requirements permit, to an employee called as a witness
by an employee or the Institute.
11.02 Arbitration Board, Conciliation Board and Alternate Dispute Resolution
Hearings
(1) Where operational requirements permit, the Employer will
grant leave with pay to an employee representing the Institute before an
Arbitration Board, Conciliation Board or in 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, Conciliation Board or Alternate Dispute Resolution Process
and, where operational requirements permit, leave with pay to an employee called
as a witness by the Institute.
11.03 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.
11.04 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.
11.05 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.
11.06 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without
pay to an employee to attend preparatory contract negotiations meetings.
11.07 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.
11.08 Institute Executive Council Meetings and Conventions
Where operational requirements permit, the Employer will grant leave without
pay to an employee to attend Executive Council Meetings and Conventions of the
Institute.
11.09 Representatives' Training Courses
(1) Where operational requirements permit, the Employer will
grant leave without pay to employees appointed as Representatives by the
Institute, to undertake training sponsored by the Institute related to the
duties of a Representative.
(2) Where operational requirements permit, the Employer will
grant leave with pay to employees appointed as Representatives by the Institute,
to attend training sessions concerning Employer-employee relations sponsored by
the Employer.
12.01 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.
12.02 The Institute shall inform the Employer in writing of
the authorized monthly deduction to be checked off for each employee defined in
clause 12.01.
12.03 For the purpose of applying clause 12.01,
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.
12.04 An employee who satisfies the Employer to the extent
that he or she declares in an affidavit that he or she is a member of a
religious organization whose doctrine prevents him or her as a matter of
conscience from making financial contributions to an employee organization and
that he or she will make contributions to a charitable organization 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 organization
involved. A copy of the affidavit will be provided to the Institute.
12.05 No employee organization, as defined in Section 2
of the Public Service Staff 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.
12.06 The amounts deducted in accordance with clause 12.01
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.
12.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
12.08 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 that shall be limited to the amount of the unremitted
membership dues.
12.09 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.
13.01 The normal work week shall be thirty-seven and
one-half (37 1/2) hours. These hours may be varied by the Employer to allow
for summer and winter hours, provided that the total hours in the fiscal year
equal those which would be obtained with no such variation. Daily hours of work
shall be arranged to suit operational requirements.
13.02 The normal work week shall be Monday through Friday.
13.03 An employee shall be granted two (2) consecutive
days of rest during each seven (7) day period unless operational
requirements do not so permit.
13.04 Employees will submit monthly attendance registers;
only those hours of overtime and absences need be specified.
**
13.05 When an employee is required by the Employer to work
overtime, the employee shall be compensated at the rate of one and one-half (1 1/2)
times the employee's hourly rate of pay for each hour of overtime worked in
excess of the normal work week of thirty-seven and one-half (37 1/2) hours.
13.06 When an employee is required to work on his normal
day of rest he shall be compensated as follows:
(a) time and one-half (1 1/2) for each hour worked on the first day of
rest;
(b) double time (2) for each hour worked on his second (2nd)
day of rest provided that the employee also worked on the first (1st)
day of rest. Second (2nd) day of rest means the second (2nd)
day in an unbroken series of consecutive and contiguous calendar days of rest;
(c) all calculations for overtime shall be based on each completed period of
fifteen (15) minutes.
13.07 Upon application by the employee and at the discretion
of the Employer, compensation earned under this Article may be taken in the
form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on September 30 of the next following fiscal year
shall be paid at the employee's daily rate of pay on September 30.
13.08 The Employer will endeavour to make cash payments for
overtime earned under this Article within six (6) weeks following the end
of the pay period in which the record of the hours of overtime was submitted.
13.09 Notwithstanding the provisions of this Article, upon
request of an employee and the concurrence of his Employer, an employee may
complete his weekly hours of employment in a period other than five (5) full
days provided that over a period of twenty-eight (28) calendar days
the employee works an average of thirty-seven and one-half (37 1/2)
hours per week. As part of the provisions of this clause, attendance reporting
shall be mutually agreed between the employee and the Employer. In every
twenty-eight (28) day period such an employee shall be granted days of rest
on such days as are not scheduled as a normal work day for him.
Notwithstanding anything to the contrary contained in this Agreement, the
implementation of any variation in hours shall not result in any additional
overtime work or additional payment by reason only of such variation, nor
shall it be deemed to prohibit the right of the Employer to schedule
any hours or work permitted by the terms of this Agreement.
13.10 The Employer and the Professional Institute of the Public
Service of Canada agree that for those employees to whom the provisions of
clause 13.08 of Article 13, Hours of Work, apply, the provisions of
the collective agreement which specifies days shall be converted to hours. Where
the collective agreement refers to a "day", it shall be converted to
seven and one-half (7 1/2) hours.
For greater certainty, the following provisions shall be administered as
provided herein:
ARTICLE 2, INTERPRETATION AND DEFINITIONS
Paragraph 2.01(c) "daily rate of pay" - shall not apply.
ARTICLES 13 and 14, HOURS OF WORK AND TRAVELLING TIME
On a day of rest, compensation shall be granted on the basis of time and
one-half (1 1/2) except that double time (2) shall be granted for each
hour worked on the second of two (2) consecutive days of rest provided that
work was performed on the immediately preceding day of rest.
ARTICLE 16, DESIGNATED PAID HOLIDAYS
A designated paid holiday shall account for seven and one-half (7 1/2)
hours only.
ARTICLES 17 and 18, VACATION LEAVE WITH PAY AND SICK LEAVE WITH PAY
The converted amounts are as follows:
(a) one and one-quarter (1 1/4) days - nine decimal three seven
five (9.375) hours;
(b) one and two-thirds (1 2/3) days - twelve decimal five zero
(12.50) hours;
(c) two and one-twelfth (2 1/12) days - fifteen decimal six two
five (15.625) hours;
(d) two and one-half (2 1/2) days - eighteen decimal seven five
(18.75) hours.
14.01 For the purposes of this Agreement travelling time is
compensated for only in the circumstances and to the extent provided for in this
Article.
**
14.02
(a) When an employee is required to travel outside his headquarters area on
government business, as these expressions are defined by the Employer, the time
of departure and the means of such travel shall be determined by the Employer
and the employee will be compensated for travel time in accordance with
clauses 14.03 and 14.04. Travelling time shall include time necessarily
spent at each stop-over en route, such stop-over does not include an overnight
stay.
(b) Pursuant to sub-clause (a), when an employee is travelling by public
transportation and, due to an unforeseeable or unavoidable delay, is subject to
an unscheduled overnight stay with overnight accommodation, travelling time
shall include time necessarily spent at the stop-over enroute as well as the
necessary time to reach the overnight accommodation.
14.03 For the purposes of clauses 14.02 and 14.04, the
travelling time for which an employee shall be compensated is as follows:
(a) For travel by public transportation, the time between the scheduled time
of departure and the time of arrival at a destination, including the normal
travel time to the point of departure, as determined by the Employer.
(b) For travel by private means of transportation, the normal time as
determined by the Employer to proceed from the employee's place of residence or
work place, as applicable, direct to his destination and, upon his return,
direct back to his residence or work place.
(c) In the event that an alternate time of departure and/or means of travel
is requested by the employee, the Employer may authorize such alternate
arrangement in which case compensation for travelling time shall not exceed that which
would have been payable under the Employer's original determination.
14.04 If an employee is required to travel as set forth in
clauses 14.02 and 14.03:
(a) On a normal working day on which he travels but does not work, the
employee shall receive his regular pay for the day.
(b) On a normal working day on which he travels and works, the employee shall
be paid:
-
his regular pay for the day for a combined period of travel and work not exceeding
seven and one-half (7 1/2) hours,
and
- (ii) at the rate of time and one-half (1 1/2) for additional travel
time in excess of a seven and one-half (7 1/2) hour period of work
and travel, with a maximum payment for such additional travel time not to
exceed twelve (12) hours pay at the straight-time rate in any day.
(c) On a day of rest or on a designated holiday, the employee shall be paid
at the applicable overtime rate for hours travelled to a maximum of twelve (12)
hours' pay at the hourly rate.
(d) All calculations for travelling time shall be based on each completed
period of fifteen (15) minutes.
14.05 Compensation shall not be paid for travelling time to
courses, training sessions, conferences and seminars to which an employee is
sent for the purpose of career development, unless he is required to attend by
the Employer.
14.06 Upon application by the employee and at the discretion
of the Employer, compensation earned under this Article may be taken in the
form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on September 30 of the next following fiscal year
shall be paid at the employee's daily rate of pay on September 30.
14.07 Where the Employer has agreed to make cash payment
under this Article the Employer will endeavour to make such payments within
six (6) weeks following the end of the pay period in which the record of
travelling time was submitted.
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his permanent residence for forty (40) nights during
a fiscal year shall be granted one (1) day off with pay. The employee
shall be credited with one (1) additional day off for each additional twenty (20) nights
that the employee is away from his or her permanent residence to a maximum of
eighty (80) additional nights.
(b) The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory
leave with pay.
**
(c) This leave with pay is deemed to be compensatory leave and is subject to
the clause 14.06.
**
(d) The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars, unless the employee is required to attend by the Employer.
15.01 Except as provided in clauses 15.02 to 15.07
inclusive, the terms and conditions governing the application of pay to
employees are not affected by this Agreement.
15.02 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 he 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 he is appointed do
not coincide.
**
15.03 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:
- "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;
- 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 2 of this Agreement
during the retroactive period;
- 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;
- 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;
- no payment or no notification shall be made pursuant to paragraph 15.03(b)
for one dollar ($1.00) or less.
15.04 Acting Pay
**
(a) When an employee is required by the Employer to substantially perform the
duties of a higher classification level or a managerial position at the
LA-02(ii) level on an acting basis for a period of at least three (3)
consecutive working days, 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 or managerial position for the
period in which the employee acts.
(b) When a day designated as a paid holiday occurs during the qualifying
period the holiday shall be considered as a day worked for purposes of the
qualifying period.
15.05 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.
15.06 The pay increment date for an employee appointed after
the date of signing of this Agreement, to a position in the bargaining unit
on promotion, demotion or from outside the Public Service shall be the
anniversary date of such appointment. The pay increment date for an employee who
was appointed to a position in the bargaining unit prior to the date of
signing remains unchanged.
15.07 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) he shall receive his pay increment;
(b) his rate of pay shall be revised;
(c) his rate of pay on appointment shall be established in accordance with
this Agreement.
16.01 Subject to clause 16.02, the following days shall
be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration
of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day
of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is
recognized to be a provincial or civic holiday in the area in which the
employee is employed or in any area where, in the opinion of the Employer, no
such day is recognized as a provincial or civic holiday, the first (1st) Monday
in August,
and
(l) one additional day when proclaimed by an Act of Parliament as a National
Holiday.
16.02 An employee absent without pay on both his full
working day immediately preceding and his full working day immediately following
a designated paid holiday, is not entitled to pay for the holiday, except in the
case of an employee who is granted leave without pay under the provisions of
Article 11, Leave With or Without Pay for Institute Business or for
Other Activities under the Public Service Staff Relations Act.
16.03 Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 16.01 coincides
with an employee's day of rest, the holiday shall be moved to the employee's
first (1st) normal working day following his day of rest.
16.04 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of clause 16.03:
(a) work performed by an employee on the day from which the holiday was moved
shall be considered as work performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was
moved, shall be considered as work performed on a holiday.
16.05 Compensation for Work on a Paid Holiday
(a) Where an employee is required to work on a paid holiday, he shall be
paid, in addition to the pay that he would have been granted had he not worked
on a paid holiday, compensation for all hours worked by him on the holiday at
one and one-half (1 1/2) times his hour-for-hour rate.
(b) When an employee works on a holiday which is not his scheduled day of
work, contiguous to a day of rest on which he also worked and received premium
rates in accordance with clause 13.05, he shall be paid in addition to the
pay that he would have been granted had he not worked on the holiday, two (2) times
his hourly rate of pay for all time worked.
16.06 Designated Paid Holiday Coinciding With a Day of Paid Leave
Where a day that is a designated paid holiday for an employee coincides with
a day of leave with pay or is moved as a result of the application of clause 16.03,
the designated paid holiday shall not count as a day of leave.
17.01 The vacation year shall be from April 1st
to March 31st, inclusive.
17.02 Accumulation of Vacation Leave Credits
An employee who has earned at least ten (10) days' pay for each calendar
month of a fiscal year shall earn vacation leave credits at the following rates:
(a) nine decimal three seven five (9.375) hours at the employee's
straight-time hourly rate until the month in which the employee's fifth (5th) anniversary
of service occurs;
(b) twelve decimal five (12.50) hours at the employee's straight-time
hourly rate commencing with the month in which the employee's fifth (5th) anniversary
of service occurs;
**
(c) thirteen decimal seven five (13.75) hours at the employee's
straight-time hourly rate commencing with the month in which the employee's
fifteenth (15th) anniversary of service occurs;
(d) fourteen decimal three seven five (14.375) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's seventeenth (17th) year of service occurs;
(e) fifteen decimal six two five (15.625) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's eighteenth (18th) year of service occurs;
**
(f) sixteen decimal eight seven five (16.875) hours at the employee's
straight-time hourly rate commencing with the month in which the employee's
twenty-fifth (25th) anniversary of service occurs;
(g) eighteen decimal seven five (18.75) hours at the employee's
straight-time hourly rate commencing with the month in which the anniversary of
the employee's twenty-eighth (28th) anniversary of service
occurs
17.03 For the purpose of clause 17.02 only,
"service" means all periods of employment in the Public Service,
whether continuous or discontinuous, except where a person who on leaving the
Public Service, takes or has taken severance pay, retiring leave or a cash
gratuity in lieu thereof. However, the above exception shall not apply to an
employee who receives severance pay on lay-off and is reappointed to the Public
Service within one year following the date of lay-off.
17.04 Granting of Vacation Leave With Pay
(a) Employees are expected to take all their vacation leave during the
vacation year in which it is earned.
(b) The Employer reserves the right to schedule an employee's vacation leave
with pay but subject to operational requirements, shall make every reasonable
effort:
- to grant an employee's vacation leave with pay in an amount and at such
time as the employee may request;
- not to recall an employee to duty after the employee has proceeded on
vacation leave with pay.
17.05 An employee is entitled to vacation leave with pay
to the extent of his earned credits but an employee who has completed six (6) months
of continuous employment may receive an advance of credits equivalent to
the anticipated credits for the vacation year.
17.06 Where, in respect of any period of vacation leave, an
employee:
(a) is granted bereavement leave,
or
(b) is granted leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
or
**
(d) is granted court leave in accordance with clause 19.15(c),
the period of vacation leave so displaced shall either be added to the
vacation period if requested by the employee and approved by the Employer or
reinstated for use at a later date.
17.07 Carry-Over and Liquidation of Vacation Leave
(a) Where in any vacation year, an employee has not been granted all of the
vacation leave credited to him or her, the unused portion of his or her vacation
leave credits up to a maximum of two hundred and sixty-two point five
(262.5) hours shall be carried over into the following vacation year. All
vacation leave credits in excess of two hundred and sixty-two point five (262.5) hours
shall be automatically paid in cash at the employee's daily rate of pay as
calculated from the classification prescribed in the certificate of appointment
of the employee's substantive position on the last day of the vacation
year.
(b) Notwithstanding paragraph (a), if on the date of signing of this
Agreement or on the date an employee becomes subject to this Agreement, an
employee has more than two hundred and sixty-two point five (262.5) hours
of unused vacation leave credits earned during previous years, a minimum of
seventy-five (75) hours credit per year shall be granted, or paid in cash
by March 31st of each year, until all vacation leave credits in
excess of two hundred and sixty-two point five (262.5) hours have been
liquidated. Payment shall be in one (1) instalment per year, and shall be at the
employee's daily rate of pay as calculated from the classification prescribed in
the certificate of appointment of the employee's substantive position on March 31st
of the applicable previous vacation year.
17.08 Immediately following March 31, upon application
by the employee and at the discretion of the Employer, vacation leave
credits in excess of fifteen (15) days may be paid in cash at the
employee's daily rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment of his substantive
position on March 31st.
17.09 Recall From Vacation Leave With Pay
Where, during any period of vacation leave with pay, an employee is recalled
to duty, the employee shall be reimbursed for reasonable expenses, as
normally defined by the Employer, that the employee incurs:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was recalled if the
employee immediately resumes vacation upon completing the assignment for which
the employee was recalled,
after submitting such accounts as are normally required by the Employer.
17.10 The employee shall not be considered as being on
vacation leave with pay during any period in respect of which the employee
is entitled under clause 17.10 to be reimbursed for reasonable
expenses incurred by the employee.
17.11 When the Employer cancels or alters a scheduled period
of vacation leave of an employee, which has been approved in writing in advance,
the employee shall be reimbursed for the non-returnable portion of vacation
contracts and reservations made by the employee in respect of that period,
subject to presentation of such documentation as the Employer may require. The
employee must make every reasonable attempt to mitigate any losses incurred and
will provide proof of such action to the Employer.
17.12 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 days of earned but unused vacation and furlough leave with pay to
his credit by the daily rate of pay applicable to the employee's
authorized classification immediately prior to the termination of his
employment.
17.13 Vacation Leave Credits for Severance Pay
Where the employee requests, the Employer shall grant the employee the unused
vacation leave credits prior to termination of employment if this will enable
the employee, for purposes of severance pay, to complete the first (1st)
year of continuous employment in the case of lay-off, and the tenth (10th)
year of continuous employment in the case of resignation.
17.14 Advance Payments
The Employer agrees to issue advance payments of estimated net salary for
vacation periods of two (2) or more complete weeks, providing a written
request for such advance payment is received from the employee at least six
(6) weeks prior to the last pay before the employee's vacation period
commences, and providing the employee has been authorized to proceed on vacation
leave for the period concerned. Pay in advance of going on vacation shall be
made prior to departure. Any overpayment in respect of such pay advances shall
be an immediate first charge against any subsequent pay entitlement and shall be
recovered in full prior to any further payment of salary.
**
17.15
Effective on the date of signing of this collective agreement, employees with
more than one (1) year of service, as defined in clause 17.03, shall be credited
a one-time entitlement of twenty-two and one-half (22 1/2) hours of
vacation leave with pay.
Employees shall be credited a one-time entitlement twenty-two and one-half
(22 1/2) hours of vacation leave with pay on the first day of the month
following the anniversary of the employee's first year of service, as defined in
clause 17.03, occurs.
18.01 Credits
An employee shall earn sick leave credits at the rate of one and one-quarter
(1 1/4) days for each calendar month for which he receives pay for at least
ten (10) days.
18.02 An employee shall be granted sick leave with pay when
he is unable to perform his duties because of illness or injury provided that:
(a) he satisfies the Employer of this condition in such a manner and at such
a time as may be determined by the Employer,
and
(b) he has the necessary sick leave credits.
18.03 An employee shall not be granted sick leave with pay
during any period in which he is on leave without pay, or under suspension.
18.04 When an employee is granted sick leave with pay and
injury-on-duty leave is subsequently approved for the same period, it shall be
considered for the purpose of the record of sick leave credits that the employee
was not granted sick leave with pay.
18.05 When an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provisions of clause 18.02
above, sick leave with pay may, at the discretion of the Employer, be granted to
an employee for a period of up to twenty-five (25) days, subject to the
deduction of such advanced leave from any sick leave credits subsequently
earned.
18.06 Unless the employee is otherwise informed by the
Employer, a statement signed by him stating that because of illness or injury he
was unable to perform his duties shall, when delivered to the Employer, be considered
as meeting the requirements of paragraph 18.02(a).
19.01 In respect to applications for leave made pursuant to
this Article, the employee may be required to provide satisfactory validation of
the circumstances necessitating such requests.
19.02 Bereavement Leave With Pay
**
For the purpose of this clause, immediate family is defined as the father,
mother, child (or alternatively stepparent, foster parent, stepchild or ward) of
the employee or the employee's spouse (including common-law partner), brother,
sister, spouse (including common-law partner), grandchild of the employee, the
employee's grandparent, or any other relative permanently residing in the
employee's household or with whom the employee permanently resides.
(a) When a member of the employee's immediate family dies, an employee:
- shall be entitled to a bereavement period of five (5) consecutive
calendar days which must include the day of the funeral. During such period
the employee shall be paid for those days which are not regularly scheduled
days of rest for that employee.
- In addition, the employee may be granted up to three (3) days' leave
with pay for the purpose of travel related to the death.
**
(b) An employee is entitled to up to one (1) day's bereavement leave
with pay for the purpose related to the death of, son-in-law, daughter-in-law,
brother-in-law or sister-in-law, or in the event of the death of any member of
the immediate family defined in this clause when the employee does not avail
himself or herself of the entitlement in 19.02(a).
(c) It is recognized by the parties that the circumstances which call for
leave in respect of bereavement are based on individual circumstances. On
request, the Deputy Head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater and/or in
a manner different than that provided for in paragraphs 19.02(a) and (b).
19.03 Maternity Leave Without Pay
(A)
(1) An employee who becomes pregnant shall, upon request, be granted
maternity leave without pay for a period beginning before, on or after the
termination date of pregnancy and ending not later than seventeen (17) weeks
after the termination date of pregnancy.
(a) Notwithstanding subparagraphs 19.03(A)(1) above:
(i) where the employee's new-born child is hospitalized within the
period defined in subparagraph 19.03(A)(1) above;
and
(ii) where the employee has proceeded on maternity leave without pay
and then, upon request and with the concurrence of the Employer, returns
to work for all or part of the period during which her new-born child is
hospitalized;
the period of maternity leave without pay defined in subparagraph
19.03(A)(1) above may be extended beyond the date falling seventeen (17)
weeks after the date of termination of pregnancy by a period equal to that
portion of the period of the child's hospitalization during which the
employee returned to work, to a maximum of seventeen (17) weeks.
(b) The extension described in subparagraph 19.03(A)(1)(a) above shall
end not later than fifty-two (52) weeks after the termination date of
pregnancy.
(2) At its discretion, the Employer may require an employee to submit a
medical certificate certifying pregnancy.
(3) An employee who has not commenced maternity leave without pay may elect
to:
(a) use earned vacation and compensatory leave credits up to and beyond
the date that her pregnancy terminates;
(b) use her sick leave credits up to and beyond the date that her
pregnancy terminates, subject to the provisions set out in the Sick Leave
With Pay Article. For purposes of this clause, illness or injury as defined
in the Sick Leave Article shall include medical disability related to
pregnancy.
(B) An employee shall inform the Employer in writing of her plans for taking
leave with and without pay to cover her absence from work due to the pregnancy
at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur.
(C) Leave granted under this clause shall be counted for the calculation of
continuous employment for the purpose of calculating severance pay and service
for the purpose of calculating vacation leave. Time spent on such leave shall be
counted for pay increment purposes.
19.04 Maternity Allowance
(a) An employee who has been granted maternity leave without pay shall be
paid a maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i),
provided that she:
(i) has completed six (6) months of continuous employment before
the commencement of her maternity leave without pay,
(ii) provides the Employer with proof that she has applied for and is in
receipt of pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) she will return to work on the expiry date of her maternity leave
without pay unless the return to work date is modified by the approval of
another form of leave;
(B) following her return to work, as described in section (A), she
will work for a period equal to the period she was in receipt of the
maternity allowance;
(C) should she fail to return to work in accordance with section (A),
or should she return to work but fail to work for the total period specified
in section (B), for reasons other than death, lay-off, early
termination due to lack of work or discontinuance of a function of a
specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as
defined in the Public Service Superannuation Act, she will be
indebted to the Employer for an amount determined as follows:
|
(allowance received)
|
X |
(remaining period to be
worked
following her return to work)
|
| |
|
[ total period to be worked
as specified in (B)] |
however, an employee whose specified period of employment expired and who
is rehired by the same department within a period of five (5) days or less
is not indebted for the amount if her new period of employment is sufficient
to meet the obligations specified in section (B).
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave
with pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall interrupt
the period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the SUB Plan
will consist of the following:
-
where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance pregnancy benefits, ninety-three per
cent (93%) of her weekly rate of pay for each week of the waiting
period, less any other monies earned during this period,
and
- for each week that the employee receives a pregnancy benefit pursuant to
Section 22 of the Employment Insurance Act, the difference
between the gross weekly amount of the Employment Insurance pregnancy
benefit she is eligible to receive and ninety-three per cent (93%) of
her weekly rate of pay less any other monies earned during this period which
may result in a decrease in Employment Insurance benefits to which she would
have been eligible if no extra monies had been earned during this period.
(d) At the employee's request, the payment referred to in subparagraph 19.04(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance pregnancy
benefits.
(e) The maternity allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for
any amount that she may be required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity leave without pay,
- for an employee who has been employed on a part-time or on a combined
full-time and part-time basis during the six (6) month period
preceding the commencement of maternity leave, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction
obtained by dividing the employee's straight time earnings by the straight
time earnings the employee would have earned working full-time during such
period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the
rate to which the employee is entitled for her substantive level to which she is
appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii),
if on the day immediately preceding the commencement of maternity leave without
pay an employee has been on an acting assignment for at least four (4) months,
the weekly rate shall be the rate she was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of the maternity allowance, the allowance shall be adjusted
accordingly.
(j) Maternity allowance payments made under the SUB Plan will neither
reduce nor increase an employee's deferred remuneration or severance pay.
19.05 Special Maternity Allowance for Totally Disabled Employees
(A) An employee who:
-
fails to satisfy the eligibility requirement specified in subclause 19.04(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or the Government
Employees Compensation Act prevents her from receiving EI maternity
benefits;
and
- (2) has satisfied all of the other eligibility criteria specified in
subclause 19.04(a) except subclauses 19.04(A) and (B);
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subclause 19.05(A)(1), the difference between
ninety-three per cent (93%) of her weekly rate of pay and the gross amount of
her weekly disability benefit under the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
(B) An employee shall be paid an allowance under this clause and under clause
19.04 for a combined period of no more than the number of weeks during which she
would have been eligible for pregnancy benefits pursuant to section 22 of the EI
Act had she not been disqualified from EI maternity benefits for the
reasons described in subclause 19.05(A)(1) above.
19.06 Parental Leave Without Pay
(a) Where an employee has or will have the actual care and custody of a
new-born child (including the new-born child of a common-law spouse), the
employee shall, upon request, be granted parental leave without pay for a single
period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week
period beginning on the day on which the child is born or the day on which the
child comes into the employee's care.
(b) Where an employee commences legal proceedings under the laws of a
province to adopt a child or obtains an order under the laws of a province for
the adoption of a child, the employee shall, upon request, be granted parental
leave without pay for a single period of up to thirty-seven (37) consecutive
weeks in the fifty-two week (52) period beginning on the day on
which the child comes into the employee's care.
(c) Notwithstanding paragraphs (a) and (b):
-
where the employee's child is hospitalized within the period defined in
the above paragraphs, and the employee has not yet proceeded on parental
leave without pay,
or
- where the employee has proceeded on parental leave without pay and then
returns to work for all or part of the period during which his or her child
is hospitalized,
the period of parental leave without pay specified in the original leave
request may be extended by a period equal to that portion of the period of the
child's hospitalization during which the employee was not on parental leave.
However, the extension shall end not later than fifty-two (52) weeks
after the day on which the child comes into the employee's care.
(d) An employee who intends to request parental leave without pay shall
notify the Employer at least four (4) weeks in advance of the expected
date of the birth of the employee's child (including the child of a common-law
spouse), or the date the child is expected to come into the employee's care
pursuant to paragraphs (a) and (b).
(e) The Employer may :
- defer the commencement of parental leave without pay at the request of the
employee;
- grant the employee parental leave without pay with less than four (4) weeks'
notice;
- require an employee to submit a birth certificate or proof of adoption of
the child.
(f) Parental leave without pay taken by a couple employed in the Public
Service shall not exceed a total of thirty-seven (37) weeks for both individuals
combined. For the purpose of this paragraph, Public Service means any portion of
the Public Service of Canada specified in Part I of Schedule I of the Public
Service Staff Relations Act.
(g) Leave granted under this clause shall count for the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave. Time
spent on such leave shall count for pay increment purposes.
19.07 Parental Allowance
(a) An employee who has been granted parental leave without pay, shall be
paid a parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i),
providing he or she:
(i) has completed six (6) months of continuous employment before
the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has applied for and is
in receipt of parental benefits pursuant to Section 23 of the Employment
Insurance Act in respect of insurable employment with the Employer,
and
(iii) has signed an agreement with the Employer stating that:
(A) the employee will return to work on the expiry date of his/her
parental leave without pay, unless the return to work date is modified by
the approval of another form of leave;
(B) Following his or her return to work, as described in section (A),
the employee will work for a period equal to the period the employee was in
receipt of the parental allowance, in addition to the period of time
referred to in section 19.04(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with section (A)
or should he or she return to work but fail to work the total period
specified in section (B), for reasons other than death, lay-off, early
termination due to lack of work or discontinuance of a function of a
specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as
defined in the Public Service Superannuation Act, he or she will be
indebted to the Employer for an amount determined as follows:
|
(allowance received)
|
X |
(remaining period to be
worked
following his/her return to work)
|
| |
|
[ total period to be worked as specified
in (B)]
|
however, an employee whose specified period of employment expired and who
is rehired by the same department within a period of five (5) days or less
is not indebted for the amount if his or her new period of employment is
sufficient to meet the obligations specified in section (B).
For the purpose of sections (a)(iii)(B), and (C), periods of leave
with pay shall count as time worked. Periods of leave without pay during the
employee's return to work will not be counted as time worked but shall
interrupt the period referred to in section (a)(iii)(B), without activating
the recovery provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the SUB Plan
will consist of the following:
- where an employee is subject to a waiting period of two (2) weeks
before receiving Employment Insurance parental benefits, ninety-three per cent (93%)
of his/her weekly rate of pay for each week of the waiting period, less any
other monies earned during this period;
**
- for each week in respect of which the employee receives parental benefits
pursuant to Section 23 of the Employment Insurance Act, the
difference between the gross weekly amount of the Employment Insurance
parental benefits he or she is eligible to receive and ninety-three per cent (93%)
of his or her weekly rate of pay less any other monies earned during this
period which may result in a decrease in Employment Insurance benefits to
which he or she would have been eligible if no extra monies had been earned
during this period;
(d) At the employee's request, the payment referred to in subparagraph 19.07(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of EI parental benefits.
(e) The parental allowance to which an employee is entitled is limited to
that provided in paragraph (c) and an employee will not be reimbursed for any
amount that he or she is required to repay pursuant to the Employment
Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity or parental leave
without pay;
- for an employee who has been employed on a part-time or on a combined full
time and part-time basis during the six (6) month period preceding
the commencement of maternity or parental leave without pay, the rate
obtained by multiplying the weekly rate of pay in subparagraph (i) by
the fraction obtained by dividing the employee's straight time earnings by
the straight time earnings the employee would have earned working full time
during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the
rate to which the employee is entitled for the substantive level to which she or
he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii),
if on the day immediately preceding the commencement of parental leave without
pay an employee is performing an acting assignment for at least four (4) months,
the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision
while in receipt of parental allowance, the allowance shall be adjusted
accordingly.
(j) Parental allowance payments made under the SUB Plan will neither
reduce nor increase an employee's deferred remuneration or severance pay.
19.08 Special Parental Allowance for Totally Disabled Employees
(A) An employee who:
-
fails to satisfy the eligibility requirement specified in subclause 19.07(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or via the Government
Employees Compensation Act prevents the employee from receiving EI
parental benefits;
and
- has satisfied all of the other eligibility criteria specified in subclause
19.07(a) except subclauses 19.07(a)(ii) and (iii);
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subclause 19.08(A)(1),
the difference between ninety-three per cent (93%) of the
employee's rate of pay and the gross amount of his or her weekly disability
benefit under the DI Plan, the LTD Plan or via the Government Employees
Compensation Act.
(B) An employee shall be paid an allowance under this clause and under clause
19.07 for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental benefits pursuant to section 23
of the EI Act, had the employee not been disqualified from EI parental
benefits for the reasons described in subclause 19.08(A)(1) above.
19.09 Medical Appointment for Pregnant Employees
(a) 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.
(b) 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.
19.10 Leave Without Pay for the Care of Immediate Family
An employee who, on the date of signature of this agreement, is on Leave
Without Pay for the Care and Nurturing of the employee's Pre-School Age Children
or on Leave Without Pay for the Long-Term Care of a Parent under clauses 19.10
or 19.14 of the agreement expired on 28 February 2001, continues on that
leave for the approved duration or until the employee's return to work, if the
employee returns to work before the end of the approved leave.
An employee who becomes a member of the bargaining unit on or after the date
of signature of this agreement and who is on Leave Without Pay for the Care and
Nurturing of the employee's Pre-School Age Children or on Leave Without Pay for
the Long-Term Care of a Parent under the terms of another agreement, continues
on that leave for the approved duration or until the employee's return to work,
if the employee returns to work before the end of the approved leave.
All leave granted under Leave Without Pay for the Care and Nurturing of the
employee's Pre-School Age Children or under Leave Without Pay for the Long-Term
Care of a Parent under the terms of agreements other than the present agreement
will not count towards the calculation of the maximum amount of time allowed for
Care of Immediate Family during an employee's total period of employment in the
Public Service.
This article is also applicable to employees who have been granted Leave
Without Pay for the Care and Nurturing of the employee's Pre-School Age Children
or Leave Without Pay for the Long-Term Care of a Parent before the signature of
the present agreement and have proceeded on leave on or after the date of
signature of this agreement.
Subject to operational requirements, an employee shall be granted leave
without pay for the care of immediate family in accordance with the following
conditions:
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including foster
children or children of spouse or common-law partner) parents (including
stepparents or foster parent) or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
(b) an employee shall notify the Employer in writing as far in advance as
possible but not less then four (4) weeks in advance of the
commencement date of such leave, unless such notice cannot be given, because of
an urgent or unforeseeable circumstance;
(c) leave granted under this clause shall be for a minimum period of three (3) weeks;
(d) the total leave granted under this clause shall not exceed five (5) years
during an employee's total period of employment in the Public Service.
19.11 Leave Without Pay for Personal Needs
Leave without pay will be granted for personal needs, in the following
manner:
(a) Subject to operational requirements, leave without pay for a period of up
to three (3) months will be granted to an employee for personal needs.
(b) Subject to operational requirements, leave without pay of more than three (3) months
but not exceeding one (1) year will be granted to an employee for personal
needs.
(c) An employee is entitled to leave without pay for personal needs only once
under each of paragraphs (a) and (b) of this clause during his total period of employment
in the Public Service. Leave without pay granted under this clause may not be
used in combination with maternity, paternity or adoption leave without the
consent of the Employer.
(d) Leave granted under paragraph (a) of this clause shall be counted
for the calculation of "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of calculating
vacation leave. Time spent on such leave shall be counted for pay increment
purposes.
(e) Leave without pay granted under paragraph (b) of this clause shall be
deducted from the calculation of "continuous employment" for the
purpose of calculating severance pay and "service" for the purpose of
calculating vacation leave for the employee involved. Time spent on such leave
shall not be counted for pay increment purposes.
19.12 Leave Without Pay for Relocation of Spouse
(a) At the request of an employee, leave without pay for a period of up to
one (1) year shall be granted to an employee whose spouse is
permanently relocated and up to five (5) years to an employee whose spouse
is temporarily relocated.
Leave without pay granted under this clause shall be deducted from the
calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating
vacation leave for the employee involved except where the period of such leave
is less than three (3) months. Time spent on such leave which is for a
period of more than three (3) months shall not be counted for pay
increment purposes.
19.13 Leave With Pay for Family-Related Responsibilities
**
(a) For the purpose of this clause, family is defined as spouse (or
common-law partner resident with the employee), children (including foster
children, children of legal or common-law partner), parents (including
stepparents or foster parents), or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
(b) The Employer shall grant leave with pay under the following
circumstances:
**
- an employee is expected to make every reasonable effort to schedule
medical or dental appointments for family members to minimize or preclude
his absence from work, however, when alternate arrangements are not possible
an employee shall be granted up to one (1) day for a medical or dental
appointment when the family member is incapable of attending the appointment
by himself, or for appointments with appropriate authorities in schools or
adoption agencies. An employee requesting leave under this provision must
notify his supervisor of the appointment as far in advance as possible;
- leave with pay to provide for the immediate and temporary care of a sick
or elderly member of the employee's family and to provide an employee
with time to make alternate care arrangements where the illness is of a
longer duration;
**
- two (2) days leave with pay for needs directly related to the birth
or to the adoption of the employee's child. This leave may be divided into
two (2) periods and granted on separate days;
**
(c) The total leave with pay which may be granted under sub-clause (b)(i),
(ii), and (iii) shall not exceed five (5) days in a fiscal year.
**
19.14 Volunteer Leave
Subject to operational requirements as determined by the Employer and with an
advance notice of at least five (5) working days, the employee shall be granted,
in each fiscal year, seven and one-half (7 1/2) hours of leave with pay to
work as a volunteer for a charitable or community organisation or activity,
other than for activities related to the Government of Canada Workplace
Charitable Campaign;
The leave will be scheduled at a time convenient both to the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leave at such a time as the employee may request.
19.15 Court Leave With Pay
Leave with pay shall be given to every employee, other than an employee
already on leave without pay, on education leave, or under suspension who is
required:
(a) to be available for jury selection;
(b) to serve on a jury;
or
(c) by subpoena or summons to attend as a witness in any proceeding held:
- in or under the authority of a court of justice or before a grand jury,
- before a court, judge, justice, magistrate or coroner,
- before the Senate or House of Commons of Canada or a committee of the
Senate or House of Commons otherwise than in the performance of the duties
of his position,
- before a legislative council, legislative assembly or house of assembly,
or any committee thereof that is authorized by law to compel the attendance
of witnesses before it,
or
- (v) before an arbitrator or umpire or a person or body of persons
authorized by law to make an inquiry and to compel the attendance of
witnesses before it.
19.16 Personnel Selection Leave With Pay
Where an employee participates in a personnel selection process, including
the appeal process where applicable, for a position in the Public Service, as
defined in the Public Service Staff Relations Act, the employee is
entitled to leave with pay for the period during which the employee's presence
is required for purposes of the selection process, and for such further period
as the Employer considers reasonable for the employee to travel to and from
the place where his presence is so required. This clause applies equally in
respect of the personnel selection processes related to deployment.
19.17 Injury-on-duty Leave With Pay
An employee shall be granted injury-on-duty leave with pay for such
reasonable period as may be determined by the Employer where it is determined
by a Provincial Worker's Compensation Board that he is unable to perform
his duties because of:
(a) personal injury accidentally received in the performance of his duties
and not caused by the employee's wilful misconduct,
(b) sickness resulting from the nature of his employment,
or
(c) exposure to hazardous conditions in the course of his employment,
if the employee agrees to pay to the Receiver General of Canada any amount
received by him for loss of wages in settlement of any claim he may have in
respect of such injury, sickness or exposure, providing, however, that such
amount does not stem from a personal disability policy for which the employer
or the employee's agent paid the premium.
19.18 Religious Observance
(a) The Employer shall make every reasonable effort to accommodate an
employee who requests time off to fulfil his or her religious obligations.
(b) Employees may, in accordance with the provisions of this Agreement,
request annual leave, compensatory leave, leave without pay for other reasons
in order to fulfil their religious obligations.
(c) Notwithstanding paragraph 19.18(b), 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 fulfil 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.
(d) 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.
19.19 Other Leave With Pay
(a) At its discretion, the Employer may grant leave with pay for a purpose
other than those specified in this Agreement, including military or civil
defence training, emergencies affecting the community or place of work, and
when circumstances not directly attributable to the employee prevent his
reporting for duty.
**
(b) Personal Leave
Subject to operational requirements as determined by the Employer and with
an advance notice of at least five (5) working days, the employee shall be
granted, in each fiscal year, seven and one-half (7 1/2) hours of leave
with pay for reasons of a personal nature.
The leave will be scheduled at a time convenient to both the employee and
the Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such a time as the employee may request.
19.20 Other Leave Without Pay
At its discretion, the Employer may grant leave without pay for purposes
other than those specified in this Agreement, including enrolment in the
Canadian Armed Forces and election to a full-time municipal office.
(a) 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.
**
(b) An employee's request under clause 19.21(a) 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.
**
(c) An employee who has made a request under clause 19.21(a) 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:
- modifies her job functions or reassigns her,
or
- informs her in writing that it is not reasonably practicable to modify
her job functions or reassign her.
(d) Where reasonably practicable, the Employer shall modify the employee's
job functions or reassign her.
(e) 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.
(f) 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.
20.01 General
The parties recognize that in order to maintain and enhance professional
expertise, employees, from time to time, need to have an opportunity to attend
or participate in career development activities described in this Article.
20.02 Education Leave
(a) An employee may be granted education leave without pay for varying
periods up to one (1) year, which can be renewed by mutual agreement, to
attend a recognized institution for additional or special studies in some
field of education in which special preparation is needed to enable him to
fill his present role more adequately, or to undertake studies in some field
in order to provide a service which the Employer requires or is planning to provide.
(b) An employee on Education Leave without pay under this clause shall
receive an allowance in lieu of salary equivalent to from fifty per cent
(50%) to one hundred per cent (100%) of his basic salary. The percentage of
the allowance is at the discretion of the Employer. Where the employee
receives a grant, bursary or scholarship, the education leave allowance may be
reduced. In such cases, the amount of the reduction shall not exceed the
amount of the grant, bursary or scholarship.
(c) Allowances already being received by the employee may, at the
discretion of the Employer, be continued during the period of the
education leave. The employee shall be notified when the leave is
approved whether such allowances are to be continued in whole or in part.
(d) As a condition to the granting of education leave, an employee shall,
if required, give a written undertaking prior to the commencement of the leave
to return to the service of the Employer for a period of not less than the
period of the leave granted. If the employee, except with the permission of
the Employer:
- (i) fails to complete the course,
- does not resume employment with the Employer on completion of the
course,
or
- ceases to be employed, except by reason of death or lay-off, before
termination of the period he has undertaken to serve after completion of
the course,
he shall repay the Employer all allowances paid to him under this clause
during the education leave or such lesser sum as shall be determined
by the Employer.
20.03 Attendance at Conferences and Conventions
(a) The parties to this Agreement recognize that attendance or
participation at conferences, conventions, symposia, workshops and other
gatherings of a similar nature contributes to the maintenance of high
professional standards.
(b) In order to benefit from an exchange of knowledge and experience, an
employee shall have the opportunity on occasion to attend
conferences and conventions which are related to his field of
specialization, subject to operational requirements.
(c) The Employer may grant leave with pay and reasonable expenses including
registration fees to attend such gatherings, subject to budgetary and
operational constraints.
(d) An employee who attends a conference or convention at the request of
the Employer to represent the interests of the Employer shall be deemed to be
on duty and, as required, in travel status. The Employer shall pay the
registration fees of the convention or conference the employee is required to
attend.
(e) An employee invited to participate in a conference or convention in an
official capacity, such as to present a formal address or to give a
course related to his field of employment, may be granted leave with
pay for this purpose and may, in addition, be reimbursed for his payment
of convention or conference registration fees and reasonable travel
expenses.
(f) An employee shall not be entitled to any compensation under clause 13.05
and Article 14, Travelling Time, in respect of hours he is in attendance
at or travelling to or from a conference or convention under the provisions
of this clause, except as provided by paragraph (d).
20.04 Professional Development
(a) The parties to this Agreement share a desire to improve
professional standards by giving the employees the opportunity on occasion:
- to participate in workshops, short courses or similar out-service
programs to keep up to date with knowledge and skills in their respective
fields,
- to conduct research or perform work related to their normal
research programs in institutions or locations other than those
of the Employer,
- to carry out research in the employee's field of specialization not
specifically related to his assigned work projects when in the opinion of
the Employer such research is needed to enable the employee to fill his
present role more adequately.
(b) Subject to the Employer's approval an employee shall receive leave with
pay in order to participate in the activities described in
paragraph 20.04(a).
(c) An employee may apply at any time for professional development under
this clause, and the Employer may select an employee at any time for such
professional development.
(d) When an employee is selected by the Employer for professional
development under this clause the Employer will consult with the employee
before determining the location and duration of the program of work or studies
to be undertaken.
(e) An employee selected for professional development under this clause
shall continue to receive his normal compensation including any increase
for which he may become eligible. The employee shall not be entitled to any
compensation under clause 13.05 and Article 14, Travelling
Time, while on professional development under this clause.
(f) An employee on professional development under this clause may be
reimbursed for reasonable travel expenses and such other additional expenses
as the Employer deems appropriate.
20.05
(a) The Employer shall establish Selection Criteria for granting leave
under clauses 20.02, 20.03 and 20.04. Upon request, a copy of these
criteria will be provided to an employee and/or the Institute Representative.
(b) The parties to this Collective Agreement acknowledge the mutual
benefits to be derived from consultation on Career Development. To this
effect, the Employer, upon request, will consult with the Institute as
prescribed in Article 25, Joint Consultation.
20.06 Examination Leave With Pay
Leave with pay may be granted to an employee for the purpose of writing an
examination which will require the employee's absence during his normal hours
of work. Such leave will be granted only where in the opinion of the Employer
the course of study is directly related to the employee's duties or will
improve his qualifications.
21.01
(a) When an employee becomes subject to this Agreement, his or her earned
daily leave credits shall be converted into hours. When an employee ceases to
be subject to this Agreement, his or her earned hourly leave credits shall be
reconverted into days, with one day being equal to seven and one-half (7 1/2) hours.
(b) When leave is granted, it will be granted on an hourly basis and the
number of hours debited for each day of leave being equal to the number of
hours of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in paragraph 19.02, Bereavement Leave
with Pay, a "day" will mean a calendar day.
21.02 When the employment of an employee who has been
granted more vacation or sick leave with pay than he has earned is terminated
by death or lay-off, the employee is considered to have earned the amount of
leave with pay granted to him.
21.03 An employee is entitled, once in each fiscal year,
to be informed, upon request, of the balance of his vacation, furlough and
sick leave with pay credits.
21.04 The balance of leave with pay credited to an employee
by the Employer at the time when this Agreement is signed, or at a time when
he becomes subject to this Agreement, shall be retained by the employee.
21.05 An employee is not entitled to leave with pay during
periods he is on leave without pay, on educational leave or under suspension.
21.06 An employee shall not be granted two (2) different
types of leave with pay in respect of the same period of time.
21.07 Except as otherwise specified in this Agreement,
where leave without pay for a period in excess of three (3) months is
granted to an employee, the total period of leave granted shall be deducted
from "continuous employment" for the purpose of calculating
severance pay and from "service" for the purpose of calculating
vacation leave; time spent on such leave which is for a period of more than
three (3) months shall not be counted for pay increment purposes.
22.01 Under the following circumstances and subject to
clause 22.02 an employee shall receive severance benefits calculated on
the basis of his weekly rate of pay:
(a) Lay-Off
(i) On the first (1st) lay-off after November 28,
1969, two (2) weeks' pay for the first (1st) complete
year of continuous employment and one (1) week's pay for each additional
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five
(365).
(ii) On second (2nd) or subsequent lay-off after November 28,
1969, one (1) week's pay for each complete year of continuous employment
and, in the case of a partial year of continuous employment, one (1) week's
pay multiplied by the number of days of continuous employment divided by three hundred
and sixty-five (365), less any period in respect of which he was granted
Severance Pay under subparagraph 22.01(a)(i) above.
(b) Resignation
On resignation, subject to paragraph 22.01(c) and with ten (10)
or more years of continuous employment, one-half (1/2) week's pay for each
complete year of continuous employment up to a maximum of twenty-six (26) years
with a maximum benefit of thirteen (13) weeks' pay.
(c) Retirement
On retirement, when an employee is entitled to an immediate annuity or to
an immediate annual allowance under the Public Service
Superannuation Act, one (1) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days
of continuous employment divided by three hundred and sixty-five
(365), to a maximum of thirty (30) weeks' pay.
(d) Death
If an employee dies, there shall be paid to the employee's estate, one (1) week's
pay for each complete year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied by
the number of days of continuous employment divided by three hundred and
sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of
any other benefit payable.
(e) Termination for Cause for Reasons of Incapacity or Incompetence
- When an employee has completed more than one (1) year of continuous
employment and ceases to be employed by reason of termination for cause
for reasons of incapacity, pursuant to Section 11 (2)(g) of the Financial
Administration Act, one (1) week's pay for each complete
year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five
(365), to a maximum of twenty-eight (28) weeks.
**
- When an employee has completed more than ten (10) years of
continuous employment and ceases to be employed by reason of termination
for cause for reasons of incompetence, pursuant to the provisions of
Section 11 (2)(g) of the Financial Administration Act, one (1) week's
pay for each complete year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied
by the number of days of continuous employment divided by three hundred
and sixty-five (365), to a maximum of twenty-eight (28) weeks.
22.02 The period of continuous employment used in the
calculation of severance benefits payable to an employee under this Article
shall be reduced by any period of continuous employment in respect of which
the employee was already granted severance pay, retiring leave or a cash
gratuity in lieu of retiring leave. Under no circumstances shall the maximum
severance pay provided under clause 22.01 be pyramided.
22.03 The weekly rate of pay referred to in the above
clauses shall be the weekly rate of pay to which the employee is entitled
for the classification prescribed in his certificate of appointment,
immediately prior to the termination of his employment.
ARTICLE 23
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES
23.01 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.
23.02
(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 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.
23.03 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.
23.04 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.
23.05 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.
24.01 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 7.0
of the NJC By-Laws.
**
24.02 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 24.11, gives notice
that the employee 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.
24.03 In determining the time within which any action is to be taken as
prescribed in this procedure, Saturdays, Sundays and designated holidays shall
be excluded.
24.04 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 24.18.
24.05 An employee who wishes to present a grievance at any
prescribed level in the grievance procedure, shall transmit this grievance to
the employee's immediate supervisor or local officer-in-charge who shall
forthwith:
- forward the grievance to the representative of the Employer
authorized to deal with grievances at the appropriate level,
and
- provide the employee with a receipt stating the date on which the
grievance was received by him.
24.06 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.
**
24.07 Subject to and as provided in Section 91 of the
Public Service Staff 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 24.05, except that:
(a) where there is another administrative procedure provided by or under
any Act of Parliament to deal with the employee's 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.
24.08 There shall be no more than a maximum of four (4) levels
in the grievance procedure. These levels shall be as follows:
(a) Level 1 - first (1st) level of management;
(b) Levels 2 and 3 where such level or levels are established in
Departments or Agencies - intermediate level(s);
(c) Final level: the Deputy Minister (or his equivalent) or his delegated
representative.
24.09 The Employer shall designate a representative at
each level 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.
24.10 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.
**
24.11 An employee may present a grievance to the first (1st)
level of the procedure in the manner prescribed in clause 24.05, 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.
24.12 An employee may present a grievance at each
succeeding level in the grievance procedure beyond the first (1st)
level 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 24.11, within fifteen (15) days after
he presented the grievance at the previous level.
24.13 The Employer shall normally reply to an employee's
grievance at any level of the grievance procedure, except the final level,
within ten (10) days after the grievance is presented, and within twenty
(20) days when the grievance is presented at the final level.
24.14 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 level of the grievance procedure at the same time that the
Employer's decision is conveyed to the employee.
24.15 Where a grievance has been presented up to and
including the final level 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 level in the grievance process is final and binding and no
further action may be taken under the Public Service Staff Relations
Act.
**
24.16 Where the provisions of clause 24.05 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 level 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 level shall be calculated from the date on
which the Employer's reply was delivered to the address shown on the grievance
form.
24.17 Where it appears that the nature of the grievance is
such that a decision cannot be given below a particular level of authority,
any or all the levels except the final level may be eliminated by agreement of
the Employer and the employee, and, where applicable, the Institute.
24.18 Where the Employer demotes or terminates an employee
for cause pursuant to paragraph 11(2)(f) or (g) 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 level only,
and
(b) the twenty (20) day time limit within which the Employer is to
reply at the final level may be extended to a maximum of forty (40) days
by mutual agreement of the Employer and the appropriate representative of the
Institute.
24.19 An employee may by written notice to his immediate
supervisor or officer-in-charge abandon a grievance.
24.20 Any employee who fails to present a grievance to the
next higher level 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.
24.21 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.
24.22 Where an employee has presented a grievance up to
and including the final level 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 a related Arbitral Award,
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or
(g) of the Financial Administration Act
and the employee's 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 Staff Relations Act and Regulations.
24.23 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.
25.01 The parties acknowledge the mutual benefits to be
derived from Joint Consultation and will consult on matters of common
interest.
25.02 The subjects that may be determined as appropriate
for Joint Consultation will be by mutual agreement of the
parties.
25.03 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.
25.04 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.
25.05 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.
25.06 Joint Consultation Committees are prohibited from
agreeing to items which would alter any provision of this collective
agreement.
26.01 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.
27.01 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.
28.01 The Employer shall reimburse an employee for his
payment of membership or other fees to a professional organization or
organizations when the payment of such fees is necessary to maintain a
professional qualification required by the Employer for the performance of any
duties and/or responsibilities assigned.
29.01 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.
30.01 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 Staff Relations Act (PSSRA) and any
legislation by Parliament that has been or may be, as the case may be,
established pursuant to any Act specified in Schedule II of the
PSSRA.
30.02 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 Staff
Relations Board has made a ruling pursuant to (c) of the NJC Memorandum
of Understanding which became effective on December 6, 1978.
**
30.03 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) Foreign Service Directives
(2) Government Travel and Living Accommodations Directive
(3) Isolated Posts and Government Housing Directive
(4) Memorandum of Understanding on Definition of Spouse
(5) NJC Relocation . IRP Directive
(6) Commuting Assistance Directive
(7) Bilingualism Bonus Directive
(8) Public Service Health Care Plan Directive
(9) Uniforms Directive
Occupational Safety and Health
(10) Boiler and Pressure Vessels Directive
(11) Hazardous Substances Directive
(12) Electrical Directive
(13) Elevating Devices Directive
(14) First Aid Safety and Health Directive
(15) First Aid Allowance Directive
(16) Tools and Machinery Directive
(17) Hazardous Confined Spaces Directive
(18) Materials Handling Safety Directive
(19) Motor Vehicle Operations Directive
(20) Noise Control and Hearing Conservation Directive
(21) Personal Protective Equipment and Clothing Directive
(22) Pesticides Directive
(23) Elevated Work Structures Directive
(24) Use and Occupancy of Buildings Directive
(25) Sanitation Directive
(26) Refusal to Work Directive
(27) Committees and Representatives Directive
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 24.01 of the Article on grievance
procedure in this Collective Agreement.
31.01 Definition
Part-time employee means a person whose normal scheduled hours of work on
average are less than thirty-seven and one-half (37 1/2) hours per week,
but not less than those prescribed in the Public Service Staff Relations
Act.
31.02 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 compare with the normal weekly hours of work of full-time employees
unless otherwise specified in this Agreement.
31.03 Part-time employees shall be paid at the hourly rate
of pay for all work performed up to thirty-seven and one-half (37 1/2)
hours in a week.
31.04 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.
31.05 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.
31.06 Designated Holidays
A part-time employee shall not be paid for the designated holidays but
shall, instead be paid a premium of four (4%) per cent for all
straight-time hours worked during the period of part-time employment.
31.07 Subject to Article 13, Hours of Work, 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 16.01 of this Agreement, the
employee shall be paid time and one-half (1 1/2) the hourly rate of pay
for all hours worked on the holiday.
**
31.08 Overtime
"Overtime" means work required by the Employer, to be performed
by the employee, in excess of thirty-seven and one-half (37 1/2) hours of
work per week or work required by the Employer, to be performed by the
employee on his or her day of rest, but does not include time worked on a
holiday.
31.09 Subject to Article 13, Hours of Work, a
part-time employee who is required to work overtime shall be paid at time
and one-half (1 1/2) for all overtime hours worked.
31.10 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 17.01, 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 the 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 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 workweek per
month;
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.
31.11 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.
31.12 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 31.10 and 31.11, 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.
31.13 Severance Pay
Notwithstanding the provisions of Article 22, 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.
31.14 The weekly rate of pay referred to in clause 31.13
shall be the weekly rate of pay to which the employee is entitled for the
classification prescribed in his certificate of appointment, immediately
prior to the termination of his employment.
32.01 Upon written request, an employee shall be entitled
to a complete and current statement of the duties and responsibilities of his
position including the position's classification level and point rating
allotted by factor where applicable, and an organization chart depicting the
position's place in the organization.
33.01 The Employer agrees to continue the present practice
of ensuring that employees have ready access to all publications considered
necessary to their work by the Employer.
33.02 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 professional and technical
papers in professional media. At the Employer's discretion, recognition
of authorship will be given where practicable in departmental publications.
33.03 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.
33.04
(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.
34.01 Subject to the willingness and capacity of individual
employees to accept relocation and retraining, the Employer will make every
reasonable effort to ensure that any reduction in the work force will be
accomplished through attrition.
35.01 Where written departmental standards of discipline
are developed, the Employer agrees to supply sufficient information on the
standards of discipline to each employee.
35.02 The Employer agrees to inform the Institute when
existing written standards of discipline are to be amended.
35.03 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 a minimum of one (1) day's
notice of such a meeting and its purpose.
35.04 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.
35.05 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.
36.01 The parties agree that there shall be no
discrimination exercised or practiced with respect to an employee by reason of
age, race, creed, colour, national origin, religious affiliation, sex, sexual
orientation, family status, mental or physical disability, marital
status, conviction for which a pardon has been granted or membership or activity
in the Institute.
36.02 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.
37.01 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.
37.02 By mutual consent, 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.
**
38.01 The duration of this Collective Agreement shall be
from the date it is signed to February 28, 2006.
Unless otherwise expressly stipulated the provisions of this Agreement
shall become effective on the date it is signed.
SIGNED AT OTTAWA, this 8th day of the month of July 2004.
| THE TREASURY BOARD OF CANADA |
|
THE PROFESSIONAL INSTITUTE OF
THE PUBLIC SERVICE OF CANADA |
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