|
34.01 In cases of alleged misinterpretation or
misapplication arising out of Agreements concluded by the National Joint Council
of the Public Service on items which may be included in a Collective Agreement
and which the parties to this Agreement have endorsed, the grievance procedure
will be in accordance with Part 14 of the NJC by-laws.
**
34.02 The parties recognize the value of informal
discussion between employees and their supervisors to the end that problems
might be resolved without recourse to a formal grievance. When an employee,
within the time limits prescribed in clause 34.11, 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.
34.03 In determining the time within which any action
is to be taken as prescribed in this procedure, Saturdays, Sundays and
designated paid holidays shall be excluded.
34.04 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
34.18.
34.05 An employee who wishes to present a grievance
at any prescribed level in the grievance procedure, shall transmit this
grievance to the immediate supervisor or local officer-in-charge who shall
forthwith:
(a) forward the grievance to the representative of the Employer
authorized to deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on
which the grievance was received by the immediate supervisor or local
officer-in-charge.
34.06 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.
34.07 Subject to and as provided in Section 208 of
the Public Service Labour Relations Act, an employee who feels that he
has been treated unjustly or considers himself aggrieved by an action or lack of
action by the Employer in matters other than those arising from the
classification process is entitled to present a grievance in the manner
prescribed in clause 34.03, except that:
(a) where there is another administrative procedure provided by
or under any Act of Parliament to deal with his specific complaint such
procedure must be followed,
and
(b) where the grievance relates to the interpretation or
application of this Collective Agreement or an Arbitral Award, the employee is
not entitled to present the grievance unless the employee has the approval of
and is represented by the Institute.
34.08 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 in departments or agencies where such levels
are established - intermediate level(s);
(c) Final Level - Chief Executive or Deputy Head or his
authorized representative.
Whenever there are four (4) levels in the grievance procedure,
the grievor may elect to waive either Level 2 or Level 3.
34.09 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.
34.10 An employee may be assisted and/or represented
by the Institute when presenting a grievance at any level. The Institute shall
have the right to consult with the Employer with respect to a grievance at each
or any level of the grievance procedure.
34.11 An employee may present a grievance to the
first (1st) level of the procedure in the manner prescribed in clause
34.05 above, not later than the twenty-fifth (25th) day after the
date on which the employee is notified orally or in writing or on which the
employee first becomes aware of the action or circumstances giving rise to the
grievance.
34.12 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 34.11, within fifteen (15) days
after the employee presented the grievance at the previous level.
34.13 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 where the grievance is presented at the final level.
34.14 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.
34.15 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 Labour Relations Act.
34.16 Where the provisions of clause 34.03 cannot be
complied with and it is necessary to present a grievance by mail, the grievance
shall be deemed to have been presented on the day on which it is postmarked and
it shall be deemed to have been received by the Employer on the day it is
delivered to the appropriate office of the department or agency concerned.
Similarly, the Employer shall be deemed to have delivered a reply at any level
on the date on which the letter containing the reply is postmarked, but the time
limit within which the grievor may present the grievance at the next higher
level shall be calculated from the date on which the Employer's reply was
delivered to the address shown on the grievance form.
34.17 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 level except the final level may be eliminated by
agreement of the Employer and the employee, and, where applicable, the
Institute.
34.18 Where the Employer demotes or terminates an
employee for cause pursuant to paragraphs 12(1)(c) or 12(1)(e) and (d) 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.
34.19 An employee may by written notice to the
employee's immediate supervisor or officer-in-charge abandon a grievance.
34.20 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.
34.21 No person shall seek by intimidation, by threat
of dismissal or by any other kind of threat to cause an employee to abandon a
grievance or refrain from exercising the right to present a grievance, as
provided in this Collective Agreement.
34.22 Where an employee has presented a grievance up
to and including the final 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 related arbitral award,
or
(b) disciplinary action resulting in suspension or a financial
penalty,
or
(c) termination of employment or demotion pursuant to paragraphs
12(1)(c) or 12(1)(e) and (d) of the Financial Administration Act,
and the employee's grievance has not been dealt with to his
satisfaction, the employee he may refer the grievance to adjudication in
accordance with the provisions of the Public Service Labour Relations Act
and Regulations.
34.23 Where a grievance that may be presented by an
employee to adjudication is a grievance relating to the interpretation or
application in respect of 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.
35.01 Agreements concluded by the National Joint
Council (NJC) of the Public Service on items which may be included in a
Collective Agreement, and which the parties to this Agreement have endorsed
after December 6, 1978, will form part of this Collective Agreement, subject to
the Public Service Labour Relations Act (PSLRA) and any legislation by
Parliament that has been or may be, as the case may be, established pursuant to
any Act specified in section 113 of the PSLRA.
35.02 The NJC items which may be included in a
Collective Agreement are those items which parties to the NJC Agreements have
designated as such or upon which the Chairman of the Public Service Labour
Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of
Understanding which became effective December 6, 1978.
**
35.03 The following directives, policies or
regulations, as amended from time to time by National Joint Council
recommendation and which have been approved by the Treasury Board of Canada,
form part of this Collective Agreement:
(1) 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) Integrated Relocation 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 34.01 of the Article on
grievance procedure in this Collective Agreement.
36.01 The parties acknowledge the mutual benefits to
be derived from joint consultation and will consult meaningfully on matters of
common interest.
36.02 The subjects that may be determined as
appropriate for joint consultation will be by mutual agreement of the parties
and shall include consultation regarding career development. Consultation may be
at the local, regional or national level as determined by the parties.
36.03 Wherever possible, the Employer shall consult
with representatives of the Institute at the appropriate level about
contemplated changes in conditions of employment or working conditions not
governed by this Agreement.
36.04
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.
**
36.05 The Institute shall notify the Employer in
writing of the representatives authorized to act on behalf of the Institute for
consultation purposes.
36.06 Employees forming the continuing membership of
the Consultation Committees shall be protected against any loss of normal pay by
reason of attendance at such meetings with management, including reasonable
travel time where applicable.
36.07 Joint Consultation Committees are prohibited
from agreeing to items which would alter any provision of this collective
agreement.
37.01 Where written departmental standards of
discipline are developed or amended, the Employer agrees to supply sufficient
information on the standards of discipline to each employee and to the
Institute.
**
37.02 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
two (2) working day's notice of such meeting.
37.03 When an employee is suspended from duty, the
Employer undertakes to notify the employee in writing of the reason for such
suspension. The Employer shall endeavour to give such notification at the time
of suspension.
37.04 The Employer shall notify the local
representative of the Institute that such suspension has occurred.
37.05 The Employer agrees not to introduce as
evidence in a hearing relating to disciplinary action any document concerning
the conduct or performance of an employee the existence of which the employee
was not aware at the time of filing or within a reasonable time thereafter.
37.06 Notice of disciplinary action which may have
been placed on the personnel file of an employee shall be destroyed after two
(2) years have elapsed since the disciplinary action was taken provided that no
further disciplinary action has been recorded during this period.
38.01 If employees are prevented from performing
their duties because of a strike or lock-out on the premises of another
employer, the employees shall report the matter to the Employer, and the
Employer will make reasonable efforts to ensure that such employees are employed
elsewhere, so that they shall receive their regular pay and benefits to which
they would normally be entitled.
39.01
Definition
Part-time employee means a person whose normal scheduled hours
of work are less than thirty-seven and one-half (37 1/2) hours per week, but not
less than those prescribed in the Public Service Labour Relations Act.
39.02
General
Part-time employees shall be entitled to the benefits provided
under this Agreement in the same proportion as their normal scheduled weekly
hours of work compare with the normal weekly hours of work of full-time
employees unless otherwise specified in this Agreement.
39.03 Upon request of an employee and with the
concurrence of the Employer, a part-time employee may complete his scheduled
weekly hours of work in a manner that permits such an employee to work in excess
of seven and one-half (7 1/2) hours in any-one day provided that over a period
of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days the
part-time employee works an average of his scheduled weekly hours of work. As
part of the provisions of this clause, attendance reporting shall be mutually
agreed between the employee and the Employer.
39.04 The days of rest provisions of this Collective
Agreement apply only in a week when a part-time employee has worked five (5)
days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the
hourly rate of pay.
39.05 Leave will only be provided:
(a) during those periods in which employees are scheduled to
perform their duties;
or
(b) where it may displace other leave as prescribed by this
Agreement.
39.06
Designated Holidays
A part-time employee shall not be paid for the designated
holidays but shall, instead be paid a premium of four decimal two five per cent
(4.25%) for all straight-time hours worked during the period of part-time
employment.
39.07 When a part-time employee is required to work
on a day which is prescribed as a designated paid holiday for a full-time
employee in clause 12.01 of this Agreement, the employee shall be paid at time
and one-half (1 1/2) of the straight-time rate of pay for all hours worked up to
the regular daily scheduled hours of work and double (2T) thereafter.
39.08
Overtime
(a) In the case of a part-time employee, "Overtime"
means authorized work performed in excess of the seven and one-half (7 1/2)
hours a day or thirty-seven and one-half (37 1/2) hours a week, but does not
include time worked on a holiday.
(b) In the case of a part-time employee whose hours of work are
scheduled in accordance with clause 39.03 above, overtime means authorized work
performed in excess of the part-time employee's daily scheduled hours of work,
but does not include time worked on a holiday.
39.09 Subject to clause 39.08 a part-time employee
who is required to work overtime shall be paid overtime as specified in Article
9 of this Agreement.
39.10
Call-Back
When a part-time employee meets the requirements to receive
call-back pay in accordance with Article 10 and is entitled to receive the
minimum payment rather than pay for actual time worked, the part-time employee
shall be paid a minimum payment of four (4) hours pay at the straight-time rate.
39.11
Reporting Pay
Subject to clause 39.04, when a part-time employee meets the
requirements to receive reporting pay on a day of rest, in accordance with the
reporting pay provision of this Agreement, and is
entitled to receive a minimum payment rather than pay for actual time worked,
the part-time employee shall be paid a minimum payment of four (4) hours pay at
the straight-time rate of pay.
39.12
Bereavement Leave
Notwithstanding clause 39.02, there shall be no prorating of a
"day" in clause 17.02, Bereavement Leave With Pay.
39.13
Vacation Leave
A part-time employee shall earn vacation leave credits for each
month in which the employee receives pay for at least twice (2) the number of
hours in the employee's normal work week, at the rate for years of employment
established in clause 15.02, Vacation Leave, 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;
(g) when the entitlement is eighteen decimal seven five (18.75)
hours a month, .500 multiplied by the number of hours in the employee's workweek
per month;
(h) however, a part-time employee who has received or is
entitled to receive furlough leave shall have his or her vacation leave credits
earned reduced by one-twelfth (1/12) of the hours in the part-time workweek,
beginning in the month in which the twentieth (20th) anniversary of
service occurs until the beginning of the month in which his or her twenty-fifth
(25th) anniversary of service occurs.
39.14
Sick Leave
A part-time employee shall earn sick leave credits at the rate
of one-quarter (1/4) of the number of hours in an employee's normal work week
for each calendar month in which the employee has received pay for at least
twice (2) the number of hours in the employee's normal work week.
39.15
Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 39.13 and
39.14 of this article, where an employee does not work the same number of hours
each week, the normal work week shall be the weekly average calculated on a
monthly basis.
(b) An employee whose employment in any month is a combination
of both full-time and part-time employment shall not earn vacation or sick leave
credits in excess of the entitlement of a full-time employee.
39.16
Severance Pay
Notwithstanding the provisions of Article 19, Severance Pay,
where the period of continuous employment in respect of which a severance
benefit is to be paid consists of both full- and part-time employment or varying
levels of part-time employment, the benefit shall be calculated as follows: the
period of continuous employment eligible for severance pay shall be established
and the part-time portions shall be consolidated to equivalent full-time. The
equivalent full-time period in years shall be multiplied by the full-time weekly
pay rate for the appropriate group and level to produce the severance pay
benefit.
39.17 The weekly rate of pay referred to in clause
39.16 above shall be the weekly rate of pay to which the employee is entitled
for the classification prescribed in the employee's certificate of appointment,
immediately prior to the termination of employment.
40.01 For the purpose of this Article,
(a) a formal assessment and/or appraisal of an employee's
performance means any written assessment and/or appraisal by any supervisor of
how well the employee has performed the employee's assigned tasks during a
specified period in the past;
(b) formal assessment and/or appraisals of employee performance
shall be recorded on a form prescribed by the Employer for this purpose.
40.02 Prior to an employee performance review the
employee shall be given:
(a) the evaluation form which will be used for the review;
(b) any written document which provides instructions to the
person conducting the review;
(c) if, during the employee performance review, either the form
or instructions have changed they shall be given to the employee.
40.03
(a) When a formal assessment of an employee's performance is
made, the employee concerned must be given an opportunity to sign the assessment
form in question upon its completion to indicate that its contents have been
read. An employee's signature on the assessment form shall be considered to be
an indication only that its contents have been read and shall not indicate the
employee's concurrence with the statements contained on the form.
The employee shall be provided with a copy of the assessment at
the time that 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.
(c) When an employee disagrees with the assessment and/or the
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. An employee has the right to make written comments to be
attached to the performance review form.
40.04 Upon written request of an employee, the
personnel file of that employee shall be made available once per year for the
employee's examination in the presence of an authorized representative of the
Employer.
**
40.05 When a report pertaining to an employee's
performance or conduct is placed on that employee's personnel file, the employee
concerned shall be given an opportunity to:
(a) sign the report in question to indicate that its contents
have been read,
and
(b) submit such written representation as the employee may deem
appropriate concerning the report and to have such written representations
attached to the report.
41.01 On application by an employee, the Employer
shall provide personal references to the prospective employer of such employee,
indicating length of service, principal duties and responsibilities and
performance of such duties. Personal references requested by a prospective
employer outside the Public Service will not be provided without the written
consent of the employee.
42.01 The Institute and the Employer recognize the
right of employees to work in an environment free from sexual harassment and
agree that sexual harassment will not be tolerated in the work place.
42.02
(a) Any level in the grievance procedure shall be waived if a
person hearing the grievance is the subject of the complaint.
(b) If by reason of paragraph 42.02(a) a level in the grievance
procedure is waived, no other level shall be waived except by mutual agreement.
42.03 By mutual agreement, the parties may use a
mediator in an attempt to settle a grievance dealing with sexual harassment. The
selection of the mediator will be by mutual agreement.
43.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practised with respect to an employee by reason of age, race,
creed, colour, national or ethnic origin, religious affiliation, sex, sexual
orientation, family status, marital status, mental or physical disability,
conviction for which a pardon has been granted or membership or activity in the
Institute.
43.02 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.
General
44.01 A Penological Factor Allowance shall be payable
to incumbents in some positions in the bargaining units which are in the
Correctional Services of Canada, subject to the following conditions:
**
44.02 The Penological Factor Allowance is used to
provide additional compensation to an incumbent of a position who, by reason of
duties being performed in a penitentiary, as defined in the Corrections and
Conditional Release Act as amended from time to time, assumes additional
responsibilities for the custody of inmates other than those exercised by the
Correctional Group.
**
44.03 The payment of the allowance for the Custody of
Inmates is determined by the designated security level of the penitentiary as
determined by the Correctional Service of Canada. For those institutions with
more than one (1) designated security level (i.e. multi-level institutions), the
PFA shall be determined by the highest security level of the institution.
**
Amount of PFA
44.04 Penological Factor Allowance
| Designated Security level of the Penitentiary |
| Maximum |
Medium |
Minimum |
| ($2,000) |
($1,000) |
($600) |
Application
of PFA
44.05 Penological Factor Allowance shall only be
payable to the incumbent of a position on the establishment of, or loaned to,
Correctional Staff Colleges, Regional Headquarters, and National Headquarters,
when the conditions described in clause 44.01 are applicable.
**
44.06 The applicability of PFA to a position and the
position's level of PFA entitlement, shall be determined by the Employer
following consultation with the Institute.
44.07 Except as prescribed in clause 44.10 below, an
employee shall be entitled to receive PFA for any month in which he receives a
minimum of ten (10) days' pay in a position(s) to which PFA applies.
**
44.08 Except as provided in clause 44.09 below, PFA
shall be adjusted when the incumbent of a position to which PFA applies, is
appointed or assigned duties in another position to which a different level of
PFA applies, regardless of whether such appointment or assignment is temporary
or permanent, and for each month in which an employee performs duties in more
than one position to which PFA applies, he shall receive the higher allowance,
provided he has performed duties for at least ten (10) days as the incumbent of
the position to which the higher allowance applies.
**
44.09 When the incumbent of a position to which PFA
applies, is temporarily assigned a position to which a different level of PFA,
or no PFA, applies, and when the employee's basic monthly pay entitlement in the
position to which he is temporarily assigned, plus PFA, if applicable, would be
less than his basic monthly pay entitlement plus PFA in his regular position,
the employee shall receive the PFA applicable to his regular position.
44.10 An employee will be entitled to receive PFA, in
accordance with the PFA applicable to his regular position:
(a) during any period of paid leave up to a maximum of sixty
(60) consecutive calendar days,
or
(b) during the full period of paid leave where an employee is
granted injury-on-duty leave with pay because of an injury resulting from an act
of violence from one or more inmates.
44.11 PFA shall not form part of an employee's salary
except for the purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations
44.12 If, in any month, an employee is disabled or
dies prior to establishing an entitlement to PFA, the PFA benefits accruing to
the employee or the employee's estate shall be determined in accordance with the
PFA entitlement for the month preceding such disablement or death.
45.01 Except as provided in clauses 45.01 to 45.07
inclusive, and the Notes to Appendix "A" of this Agreement, the terms
and conditions governing the application of pay to employees are not affected by
this Agreement.
45.02 An employee is entitled to be paid for services
rendered at:
(a) the pay specified in Appendix "A" for the
classification of the position to which the employee is appointed, if the
classification coincides with that prescribed in the employee's certificate of
appointment,
or
(b) the pay specified in Appendix "A" for the
classification prescribed in the employee's certificate of appointment, if that
classification and the classification of the position to which the employee is
appointed do not coincide.
45.03 The rates of pay set forth in Appendix
"A" shall become effective on the date specified therein.
45.04
Pay Administration
When two (2) or more of the following actions occur on the same
date, namely appointment, pay increment, pay revision, the employee's rate of
pay shall be calculated in the following sequence:
(a) the employee shall receive his pay increment;
(b) the employee's rate of pay shall be revised;
(c) the employee's rate of pay on appointment shall be
established in accordance with this Agreement.
**
45.05
Rates of Pay
(a) The rates of pay set forth in Appendix "A" shall
become effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A"
have an effective date prior to the date of signing of this Agreement, the
following shall apply:
(i) "retroactive period" for the purpose of
subparagraphs (ii) to (v) means the period from the effective date of the
revision up to and including the day before the collective agreement is
signed or when an arbitral award is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall
apply to employees, former employees or in the case of death, the estates of
former employees who were employees in the groups identified in Article 1 of
this Agreement during the retroactive period;
(iii) for initial appointments made during the retroactive
period, the rate of pay selected in the revised rates of pay is the rate
which is shown immediately below the rate of pay being received prior to the
revision;
(iv) for promotions, demotions, deployments, transfers or
acting situations effective during the retroactive period, the rate of pay
shall be recalculated, in accordance with the Public Service Terms and
Conditions of Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay shown immediately below the
rate of pay being received prior to the revision;
(v) no payment or no notification shall be made pursuant to
paragraph 45.05(b) for one dollar ($1.00) or less.
45.06 This Article is subject to the Memorandum of
Understanding signed by the Employer and the Professional Institute of the
Public Service of Canada dated July 21, 1982 in respect of red-circled
employees.
45.07
Acting Pay
When an employee is required by the Employer to substantially
perform the duties of a higher classification level on an acting basis for three
(3) consecutive working days, the employee shall be paid acting pay calculated
from the date on which he commenced to act as if he had been appointed to that
higher classification level for the period in which he acts.
When a day designated as a paid holiday occurs during the
qualifying period, the holiday shall be considered as a day worked for the
purpose of the qualifying period.
46.01 Unless otherwise specified by the Employer as
being in an area that could represent a conflict of interest, employees shall
not be restricted in engaging in other employment outside the hours they are
required to work for the Employer.
47.01 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.
**
48.01 The duration of this Collective Agreement shall
be from the date it is signed to June 21, 2007.
48.02 Unless otherwise expressly stipulated, the
provisions of this Collective Agreement shall become effective on the date it is
signed.
48.03 The provisions of this Collective Agreement
shall be implemented by the parties within a period of one hundred and twenty
(120) days from the date of its execution.
SIGNED AT OTTAWA, this 24th
day of the month of May 2005.
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL INSTITUTE
OF THE PUBLIC SERVICE
OF CANADA |
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL INSTITUTE
OF THE PUBLIC SERVICE
OF CANADA |
|
|
 |
|
