Other Related Documents

List of Changes to the Agreement
Between the Treasury Board and The Professional Institute of the Public Service of Canada - Law

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01 For the purpose of this Agreement:

**

(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.

ARTICLE 10
USE OF EMPLOYER FACILITIES

**

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.

ARTICLE 13
HOURS OF WORK

**

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.

ARTICLE 14
TRAVELLING TIME

**

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.

Effective April 1, 2002

14.08 Travel Status Leave

**

(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.

ARTICLE 15
PAY ADMINISTRATION

**

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:

1. "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;
2. 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;
3. 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;
4. 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;
5. 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.

ARTICLE 17
VACATION LEAVE WITH PAY

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:

**

(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 (15^th) anniversary 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 (25^th) anniversary of service occurs;

17.06 Where, in respect of any period of vacation leave, an employee:

**

(d) is granted court leave in accordance with clause 19.15(c),

**

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.

ARTICLE 19
OTHER LEAVE WITH OR WITHOUT PAY

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.

**

(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).

19.07 Parental Allowance

(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

**

2. 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;

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:

**

(i) 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;

**

(iii) 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.

19.19 Other Leave With Pay

**

(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.

19.21 Maternity.Related Reassignment or Leave

**

(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:

1. modifies her job functions or reassigns her,

   or

2. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

ARTICLE 22
SEVERANCE PAY

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:

(e) Termination for Cause for Reasons of Incapacity or Incompetence

**

2. 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.

ARTICLE 24
GRIEVANCE PROCEDURE

**

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.

**

24.07 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.

**

24.11 An employee may present a grievance to the first (1^st) level of the procedure in the manner prescribed in clause 24.05, not later than the twenty-fifth (25^th) 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.

**

24.16 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.

ARTICLE 30
NATIONAL JOINT COUNCIL AGREEMENTS

**

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

ARTICLE 31
PART-TIME EMPLOYEES

**

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.

ARTICLE 38
DURATION

**

38.01 The duration of this Collective Agreement shall be from the date it is signed to February 28, 2006.

SIGNED AT OTTAWA, this 8^th day of the month of July 2004.

**APPENDIX "A"

LA - LAW GROUP
ANNUAL RATES OF PAY

A) Effective February 29, 2004
B) Effective March 1, 2005

NOTES:

PAY INCREMENT ADMINISTRATION

**

(2) The pay increment period for all employees paid in the LA-1 scale is six (6) months.

**

(3) The pay increment period is twelve (12) months for all employees paid in the LA-2(I) and LA-2(II) scales.

**

PAY ADJUSTMENT ADMINISTRATION

Effective February 29, 2004, an employee shall be paid in the "A" scale of rates at the rate of pay which is immediately below the employee's rate in the "From" scale of rates.

Effective March 1, 2005, an employee shall be paid in the "B" scale of rates at the rate of pay which is immediately below the employee's rate in the "A" scale of rates.

APPENDIX "B"

WORK FORCE ADJUSTMENT

**

Opting employee (fonctionnaire optant) . is an indeterminate employee whose services will no longer be required because of a work force adjustment situation and who has not received a guarantee of a reasonable job offer from the deputy head and who has 120 days to consider the Options of Part 6.3 of this Appendix.

**

Reasonable job offer (offre d'emploi raisonnable) . is an offer of indeterminate employment within the public service, normally at an equivalent level but could include lower levels. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee's headquarters as defined in the Travel Directive. In Alternative Delivery situations, a reasonable offer is one that meets the criteria set out in Type 1 and Type 2 of Part VII of this Appendix. A reasonable job offer is also an offer from a PSSRA Part II employer, providing that:

(a) The appointment is at a rate of pay and an attainable salary maximum not less than the employee's current salary and an attainable maximum that would be in effect on the date of offer.

(b) It is a seamless transfer of all employee benefits including a recognition of years of service for the definition of continuous employment and accrual of benefits, including the transfer of sick leave credits, severance pay and accumulated vacation leave credits.

**

1.1.8 Where a deputy head cannot provide a guarantee of a reasonable job offer, the deputy head will provide 120 days to consider the three Options outlined in Part VI of this Appendix to all opting employees before a decision is required of them. If the employee fails to select an option, the employee will be deemed to have selected Option (a), Twelve-month surplus priority period in which to secure a reasonable job offer.

**

1.1.33 When a surplus employee refuses a reasonable job offer, he or she shall be subject to lay-off one month after the refusal, however not before six months after the surplus declaration date. The provisions of 1.3.3 shall continue to apply.

**

1.4.3 Opting employees are responsible for:

(b) communicating their choice of Options, in writing, to their manager no later than 120 days after being declared opting.

**

3.1.2 Following written notification, employees must indicate, within a period of six months, their intention to move. If the employee's intention is not to move with the relocated position, the deputy head, after having considered relevant factors, can either provide the employee with a guarantee of a reasonable job offer or access to the Options set out in section 6.3 of this Appendix.

**

6.1.2 Employees who are not in receipt of a guarantee of a reasonable job offer from their deputy head have 120 days to consider the three Options below before a decision is required of them.

**

6.1.3 The opting employee must choose, in writing, one of the three Options of section 6.3 of this Appendix within the 120-day window. The employee cannot change Options once having made a written choice.

**

6.1.4 If the employee fails to select an Option, the employee will be deemed to have selected Option (a), Twelve-month surplus priority period in which to secure a reasonable job offer at the end of the 120-day window.

**

6.1.5 If a reasonable job offer which does not require a relocation is made at any time during the 120-day opting period and prior to the written acceptance of the Transition Support Measure or the Education Allowance Option, the employee is ineligible for the TSM or the Education Allowance.

6.3.1 Only opting employees who are not in receipt of the guarantee of a reasonable job offer from the deputy head will have access to the choice of Options below:

(a)

**

2. At the request of the employee, this twelve (12) month surplus priority period shall be extended by the unused portion of the 120-day opting period referred to in 6.1.2 which remains once the employee has selected in writing option (a).