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 unit are employed.
2.01 For the purpose of this Agreement:
(a) "bargaining unit" means the employees of the
Employer in the group described in Article 27, Recognition;
(b) "continuous employment" has the same meaning
as specified in the Public Service Terms and Conditions of Employment
Regulations on the date of 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 the employee's position other than
by reason of the employee being on leave;
(e) "employee" means a person so defined by the Public
Service Staff Relations Act and who is a member of the bargaining unit;
(f) "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;
(g) "headquarters area" has the same meaning as
given to the expression in the Travel Policy;
(h) "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;
(i) "hourly rate of pay" means a full-time
employee's weekly rate of pay divided by thirty-seven and one-half (37 1/2);
(j) "Institute" means the Professional Institute
of the Public Service of Canada;
(k) "lay-off" means the termination of an
employee's employment because of lack of work or because of the discontinuance
of a function;
(l) "leave" means authorized absence from duty;
(m) "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;
(n) "weekly rate of pay" means an employee's
annual rate of pay divided by 52.176;
**
(o) "common-law partner" refers to a person living
in a conjugal relationship with an employee for a continuous period of at least
one year;
(p) "double time" means two (2) times the
employee's hourly rate of pay;
(q) "time and one-half" means one and one-half (1
1/2) times the employee's hourly rate of pay;
(r) "overtime" means work required by the
Employer, to be performed by the employee in excess of the employee's daily
hours of work;
**
(s) "spouse" will, when required, be interpreted
to include "common-law partner" except, for the purposes of the
Foreign Service Directives, the definition of "spouse" will remain as
specified in Directive 2 of the Foreign Service Directive.
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
shall be official.
4.01 The provisions of this Agreement apply to the
Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender
shall include the feminine gender.
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 an employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
Preamble
For the purpose of this article: "Publication" shall include, for
example, scientific and professional papers, articles, manuscripts, monographs,
audio and visual products, and computer software.
7.01 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.
7.02 The Employer agrees that publications 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 publication. At the Employer's discretion,
recognition of authorship will be given where practicable in departmental
publications.
7.03 When an employee acts as a sole or joint author or
editor of a publication, the authorship or editorship shall normally be
acknowledged on such publication.
7.04
(a) The Employer may suggest revisions to a publication and may withhold
approval to publish.
(b) When approval for publication is withheld, the author(s) shall be so
informed in writing of the reasons, if requested by the author(s).
(c) Where the Employer wishes to make changes in a publication with which the
author does not agree, the employee shall not be credited publicly if the
employee so requests.
**
7.05 The parties recognize that in order to promote
creativity and innovation, the Employer will endeavor to apply the Award Plan
for Inventors and Innovators Policy.
Clauses 8.03, 8.05, 8.06, 8.07 and 8.08 do not apply to an employee
classified as SE who works a flexible work year.
General
8.01 For the purpose of this Article:
(a) a week shall consist of seven (7) consecutive days beginning at 00:01
hours Monday and ending at 24:00 hours Sunday;
(b) the day is a twenty-four (24) hour period commencing at 00:01 hours.
8.02 Employees may be required to submit monthly attendance
registers; only those hours of overtime and absences need be specified.
8.03 Day Work
Except as provided for in clauses 8.04, 8.05 and 8.06:
(a) the normal work week shall be Monday to Friday inclusive;
(b) an employee shall be granted two (2) consecutive days of rest during each
seven (7) day period unless operational requirements do not so permit;
(c) the scheduled work week shall be thirty-seven and one-half (37 1/2)
hours;
(d) the scheduled work day shall be seven and one-half (7 1/2) consecutive
hours, exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m.;
and
(e) upon the request of an employee and the concurrence of the Employer, an
employee may work flexible hours on a daily basis so long as the daily hours
amount to seven and one-half (7 1/2).
8.04 Flexible Work Year for Employees Classified as SE
This clause does not apply to an employee classified as SE covered by clauses
8.03, 8.05, 8.06, 8.07 and 8.08.
(a) The conduct of scientific research requires an adaptable research
environment. Accordingly, every reasonable effort will be made to maintain a
research environment where working hours can be arranged to meet the needs of
research programs.
(b) The normal work year, subject to the leave provisions of this Agreement,
shall be nineteen hundred and fifty (1950) hours, from April 1st to
March 31st of the following calendar year, inclusive.
(c) Each employee is expected to organize his hours of work, work days and
days of rest in order to suit his individual research project(s), subject to the
approval of the Employer.
Variable Hours of Work for Day Workers
8.05 Compressed Work Week
(a) Notwithstanding the provisions of this Article, upon request of an
employee and the concurrence of the Employer, an employee may complete his
weekly hours of employment in a period of 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 the employee.
(b) 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 of work
permitted by the terms of this Agreement.
8.06 Winter and Summer Hours
The weekly and daily hours of work may be varied by the mutual agreement of
the Employer and the employee to allow for summer and winter hours provided the
annual total is not changed.
Terms and Conditions Governing the Administration of Variable Hours
of Work for Day Workers
8.07 The Employer and the Institute agree that for those
employees to whom the provisions of clauses 8.05 and 8.06 apply, the provisions
of this Agreement which specifies days shall be converted to hours. Where this
Agreement refers to a "day", it shall be converted to seven and
one-half (7 1/2) hours, except in clause 18.02, Bereavement Leave with pay,
where a day means a calendar day. Whenever an employee changes his variable
hours or no longer works variable hours, all appropriate adjustments will be
made.
8.08 For greater clarity, the following provisions of this
Agreement shall be administered as provided herein:
(a)Interpretation and Definitions (clause 2.01)
"Daily rate of pay" - shall not apply.
(b) Overtime (paragraph 9.03(a))
Overtime shall be compensated for all work performed in excess of an
employee's scheduled hours of work on normal working days.
(c) Designated Paid Holidays (paragraph 9.03(e))
A designated paid holiday shall account for seven and one-half (7 1/2) hours.
(d) Travel (clause 14.01)
Overtime compensation referred to in clause 14.01 shall only be applicable on
a work day for hours in excess of the employee's daily scheduled hours of work.
(e) Leave
When leave is granted, it will be granted on an hourly basis and the hours
debited for each day of leave shall be the same as the hours the employee would
normally have been scheduled to work on that day.
The converted amounts are as follows:
- one and two-thirds (1 2/3) days - twelve decimal five zero (12.50) hours;
- two and one-twelfth (2 1/12) days - fifteen decimal six two five (15.625)
hours;
- five-twelfths (5/12) day - three decimal one two five (3.125) hours;
- two and one-half (2 1/2) days - eighteen decimal seven five (18.75) hours.
This Article does not apply to employees classified as SE who work a flexible
work year.
Clauses 9.02, 9.03 and 9.08 do not apply to the following:
- employees performing Field or Sea Research Work;
- employees classified as DS and performing Field Work.
General
9.01 All calculations for overtime shall be based on each
completed period of fifteen (15) minutes.
9.02 Except in cases of emergency, call-back, stand-by or
mutual agreement the Employer shall whenever possible give at least twelve (12)
hours' notice of any requirement for the performance of overtime.
9.03 Overtime Compensation
Subject to clauses 9.04 and 9.05, when an employee is required by the
Employer to work overtime, the employee shall be compensated as follows:
(a) on the employee's normal work day, at the rate of time and one-half (1
1/2) for each hour of overtime worked;
(b) on the employee's first (1st) day of rest, at the rate of time
and one-half (1 1/2) for each hour of overtime worked;
(c) on the employee's second (2nd) or subsequent day of rest, at
double (2) time for each hour of overtime worked. Second (2nd) or
subsequent day of rest means the second (2nd) or subsequent day in an
unbroken series of consecutive and contiguous calendar days of rest;
(d) notwithstanding paragraph (c) above, if, in an unbroken series of
consecutive and contiguous calendar days of rest, the Employer permits the
employee to work the required overtime on a day of rest requested by the
employee, then the compensation shall be at time and one-half (1 1/2) for the
first (1st) day worked;
(e) on a designated holiday,
- compensation shall be granted on the basis of time and one-half (1 1/2)
for each hour worked, in addition, to the compensation that the employee would
have been granted had the employee not worked on the designated holiday;
or
- when an employee works on a holiday, contiguous to a second day of
rest on which the employee also worked and received overtime in accordance
with paragraph 9.03(c), the employee shall be paid in addition to the pay that
the employee would have been granted had the employee not worked on the
holiday, two (2) times the employee's hourly rate of pay for all time worked.
9.04 Employees on Field or Sea Research Work (except DS)
An employee on field or sea research work who is not classified as DS shall
be compensated for authorized overtime performed on an hour-for-hour basis for
all hours worked on a designated paid holiday or a day of rest. No remuneration
shall be paid for overtime performed during the normal work week.
9.05 Employees Classified as DS on Field Work
An employee on field work who is classified as DS and is required by the
Employer to work overtime shall be compensated as follows:
(a) on his normal work day, at the rate of time and one-half (1 1/2) for each
hour of overtime worked in excess of thirty-seven and one-half (37 1/2) hours in
any one work week up to a maximum of three (3) hours' pay at the time and
one-half (1 1/2) rate on any normal work day;
(b) on a day of rest, at the rate of time and one-half (1 1/2) for each hour
of overtime worked up to a maximum of nine (9) hours at the time and one-half (1
1/2) rate;
(c) on a designated paid holiday, at the rate of time and one-half (1 1/2)
for each hour of overtime worked up to a maximum of nine (9) hours at the time
and one-half (1 1/2) rate plus his regular pay for the day.
Compensation in Cash or Leave With Pay
9.06 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 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.
9.07 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period during which the
employee requested payment, or, if payment is required to liquidate compensatory
leave outstanding at the expiry of the fiscal year, the Employer will endeavour
to make such payment within six (6) weeks of the commencement of the first (1st)
pay period after September 30 of the next following fiscal year.
9.08 Meals
**
(a) An employee who works three (3) or more hours of overtime immediately
before or immediately following his scheduled hours of work shall be reimbursed
for one meal in the amount of ten dollars and fifty cents ($10.50), except where
free meals are provided. Reasonable time with pay to be determined by the
Employer shall be allowed the employee in order to take a meal either at or
adjacent to his place of work.
**
(b) When an employee works overtime continuously extending four (4) hours or
more beyond the period provided in (a) above, he shall be reimbursed for one
additional meal in the amount of ten dollars and fifty cents ($10.50) except
where free meals are provided. Reasonable time with pay, to be determined by the
Employer, shall be allowed the employee in order that he may take a meal break
either at or adjacent to his place of work.
(c) Paragraphs 9.08(a) and (b) shall not apply to an employee who is in
travel status which entitles the employee to claim expenses for lodging and/or
meals.
This Article does not apply to the following:
- Employees classified as SE who work a flexible work year.
- Employees performing Field or Sea Research Work.
- Employees classified as DS and performing Field Work.
10.01 When an employee is called back to work or when an
employee who is on stand-by duty is called back to work by the Employer any time
outside his normal working hours he shall be entitled to the greater of:
(a) a minimum of three (3) hours' pay at the applicable overtime rate,
or
(b) compensation at the applicable overtime rate for each hour worked.
10.02 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.
10.03 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period during which the
employee requested payment, or, if payment is required to liquidate compensatory
leave outstanding at the expiry of the fiscal year, the Employer will endeavour
to make such payment within six (6) weeks of the commencement of the first (1st)
pay period after September 30 of the next following fiscal year.
This Article does not apply to the following:
- Employees classified as SE who work a flexible work year.
- Employees performing Field or Sea Research Work.
- Employees classified as DS and performing Field Work.
11.01 When the Employer requires an employee to be available
on standby during off-duty hours an employee shall be compensated at the rate of
one-half (1/2) hour for each four (4) hour period or portion thereof for which
he has been designated as being on standby duty.
11.02 An employee on standby who is called in to work by the
Employer and who reports for work shall be compensated in accordance with
Article 10, Call-Back.
11.03 An employee required to be on standby duty shall be
available during his period of standby at a known telecommunications link number
and be able to return for duty as quickly as possible if called.
11.04 No standby duty payment shall be granted if any
employee is unable to report for duty when required.
12.01 Subject to clause 12.02, 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.
12.02 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 32, Leave for Staff Relations Matters.
12.03 Designated Paid Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 12.01 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.
12.04 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of clause 12.03:
(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.
12.05 Compensation for Work on a Paid Holiday
Compensation for work on a paid holiday will be in accordance with Article 9.
12.06 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
12.03, the designated paid holiday shall not count as a day of leave.
13.01
(a) The Employer shall make every reasonable effort to accommodate an
employee who requests time off to fulfill his 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 fulfill their religious obligations.
(c) Notwithstanding paragraph 13.01(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 fulfill his 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.
14.01 When the Employer requires an employee to travel
outside his headquarters area for the purpose of performing duties, the employee
shall be compensated in the following manner:
(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
- at the applicable overtime rate 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 paid holiday, the employee shall be
paid at the applicable overtime rate for hours travelled to a maximum of twelve
(12) hours' pay at the straight-time rate.
14.02 For the purpose of clause 14.01, 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
arrangements in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
14.03 All calculations for travelling time shall be based on
each completed period of fifteen (15) minutes.
14.04 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.
14.05 When a payment is being made as a result of the
application of this Article, the Employer will endeavour to make such payment
within six (6) weeks following the end of the pay period for which the employee
requests payment, or, if payment is required to liquidate compensatory leave
outstanding at the expiry of the fiscal year, the Employer will endeavour to
make such payment within six (6) weeks of the commencement of the first pay
period after September 30 of the next following fiscal year.
14.06 This Article does not apply to an employee required to
perform work in any type of transport in which he is travelling. In such
circumstances, the employee shall receive pay for actual hours worked in
accordance with the Articles, Hours of Work, Overtime, Designated Paid Holidays.
**
14.07 Travelling time shall include time necessarily spent
at each stop-over en route up to a maximum of five (5) hours provided that such
stop-over does not include an overnight stay.
14.08 Compensation under this Article shall not be paid for
travel time to courses, training sessions, conferences and seminars unless so
provided for in the Career Development Article.
**
14.09 Travel Leave Status
(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 or her 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
clauses 9.06 and 9.07.
(d) The provisions of this clause do not apply when the employee travels to
attend courses, training sessions, professional conferences and seminars unless
the employee is required to attend by the Employer.
15.01 An employee is entitled, once in each fiscal year, to
be informed, upon request, of the balance of his vacation, furlough or sick
leave with pay credits.
15.02 The amount of leave with pay credited to an employee
by the Employer at the time when this Agreement is signed, or at the time when
he becomes subject to this Agreement, shall be retained by the employee.
15.03 An employee who, on the day that this Agreement is
signed, is entitled to receive furlough leave, that is to say, five (5) weeks'
leave with pay upon completing twenty (20) years of continuous employment,
retains his entitlement to furlough leave subject to the conditions respecting
the granting of such leave that are in force on the day that this Agreement is
signed.
15.04 An employee shall not be granted two (2) different
types of leave with pay in respect of the same period of time.
15.05 An employee is not entitled to leave with pay during
periods he is on leave without pay, on educational leave or under suspension.
15.06 When the employment of an employee who has been
granted more vacation, furlough or sick leave with pay than he has earned is
terminated by death or layoff, the employee is considered to have earned the
amount of leave with pay granted to him.
15.07
(a) When an employee becomes subject to this Agreement, his earned daily
leave credits shall be converted into hours. When an employee ceases to be
subject to this Agreement, his 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 will be equal to the number of
hours of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in clause 18.02, Bereavement Leave with Pay, a
"day" will mean a calendar day.
16.01 The vacation year shall be from April 1st
to March 31st, inclusive.
16.02 Accumulation of Vacation Leave Credits
An employee shall earn vacation leave credits for each calendar month during
which the employee receives pay for at least ten (10) days at the following
rate:
(a) Twelve decimal five (12.5) hours at the employee's straight -time hourly
rate until the month in which the employee's sixteenth (16th)
anniversary occurs;
(b) thirteen decimal seven five (13.75) hours at the employee's straight-time
hourly rate commencing with the month in which the employee's sixteen (16th)
anniversary of service occurs;
(c) 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;
(d) 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 eighteen (18th) year of service occurs;
(e) 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-seventh (27th) anniversary of service occurs;
(f) 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-eight (28th) anniversary of service occurs;
(g) However, an employee who is entitled to or who has received furlough
leave shall have the vacation leave credits earned under this Article, reduced
by three decimal one two five (3.125) hours per month from the beginning of the
month in which the employee completes his twentieth (20th) year of
continuous employment until the beginning of the month in which the employee
completes his twenty-fifth (25th) year of continuous employment.
16.03 For the purpose of clause 16.02 only, all service
within the Public Service, whether continuous or discontinuous, shall count
toward vacation leave except where a person who, on leaving the Public Service,
takes or has taken severance pay. 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 (1) year following the date of lay-off.
16.04 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent of the
employee's earned credits but an employee who has completed six (6) months of
continuous employment is entitled to receive an advance of credits equivalent to
the anticipated credits for the current vacation year.
16.05 Provision for Vacation Leave
**
(a) Employees are expected to take all their vacation leave during the
vacation year in which it is earned.
(b) In order to maintain operational requirements, the Employer reserves the
right to schedule an employee's vacation leave but shall make every reasonable
effort:
- to provide an employee's vacation leave in an amount and at such time as
the employee may request;
- not to recall an employee to duty after he has proceeded on vacation
leave.
16.06 Replacement of Vacation Leave
Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
(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,
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.
**
16.07 Carry Over
(a) Where in any vacation year, an employee has not been granted all of the
vacation leave credited to him, the unused portion of the employee's 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) During any vacation year, upon application by the employee and at the
discretion of the Employer, earned but unused vacation leave credits in excess
of one hundred and twelve point five (112.5) hours may be paid in cash at the
employees' 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 previous vacation year.
(c) 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 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.
16.08 Recall From Vacation Leave
Where, during any period of vacation leave, 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 he
immediately resumes vacation upon completing the assignment for which the
employee was recalled, after submitting such accounts as are normally required
by the Employer.
16.09 The employee shall not be considered as being on
vacation leave during any period in respect of which the employee is entitled
under clause 16.08 to be reimbursed for reasonable expenses incurred by him.
16.10 Cancellation of Vacation Leave
When the Employer cancels or alters a period of vacation or furlough leave
which it has previously approved in writing, the Employer shall reimburse the
employee for the non-returnable portion of vacation contracts and reservations
made by the employee in respect of that period, subject to the 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, when available, to the Employer.
16.11 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.
16.12 Leave when Employment Terminates
When an employee dies or otherwise ceases to be employed, the employee or the
employee's 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 the employee's credit by the daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment on
the date of the termination of employment.
16.13 Vacation Leave Credits for Severance Pay
Where the employee requests, the Employer shall grant the employee any 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.
16.14 Abandonment
Notwithstanding clause 16.12, an employee whose employment is terminated by
reason of a declaration that he abandoned his position is entitled to receive
the payment referred to in clause 16.12 if he requests it within six (6) months
following the date upon which his employment is terminated.
16.15 Recovery on Termination
In the event of the termination of employment for reasons other than death or
lay-off the Employer shall recover from any monies owed the employee, an amount
equivalent to unearned vacation leave taken by the employee, calculated on the
basis of the rate of pay applicable to the employee's classification on the date
of termination.
16.16 Appointment to a Separate Employer
Notwithstanding clause 16.12, an employee who resigns to accept an
appointment with an organization listed in Part II of Schedule I of the Public
Service Staff Relations Act may choose not to be paid for unused vacation
and furlough leave credits, provided that the appointing organization will
accept such credits.
16.17 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation and furlough leave credits
up to a maximum of thirty-five (35) days of an employee who resigns from an
organization listed in Part II of Schedule I of the Public Service Staff
Relations Act in order to take a position with the Employer if the
transferring employee is eligible and has chosen to have these credits
transferred.
**
17.01 Credits
An employee shall earn sick leave credits at the rate of nine decimal three
hundred seventy five (9.375) hours for each calendar month for which he receives
pay for at least seventy five (75) hours.
17.02 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.
17.03 Unless otherwise informed by the Employer, a statement
signed by the employee 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 17.02(a).
17.04 An employee shall not be granted sick leave with pay
during any period in which he is on leave of absence without pay, or under
suspension.
17.05 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.
**
17.06 Where an employee has insufficient or no credits to
cover the granting of sick leave with pay under the provision of clause 17.02
above, sick leave with pay may, at the discretion of the Employer, be granted to
an employee for a period of up to one hundred eighty seven decimal five (187.5)
hours, subject to the deduction of such advanced leave from any sick leave
credits subsequently earned and, in the event of termination of employment for
other than death or lay-off, the recovery of the advance from any monies owed
the employee.
17.07 Sick leave credits earned but unused by an employee
during a previous period of employment in the Public Service shall be restored
to an employee whose employment was terminated by reason of lay-off and who is
reappointed in the Public Service within two (2) years from the date of lay-off.
18.01 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.
**
18.02 Bereavement Leave with Pay
For the purpose of this clause, immediate family is defined as father, mother
(or alternatively stepfather, stepmother, or foster parent), brother, sister,
spouse (including common-law partner resident with the employee), child
(including child of common-law partner), stepchild or ward of the employee,
grandchild, grandparent, father-in-law, mother-in-law, and 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 the
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 one (1) day's bereavement leave with pay for
the purpose related to the death of his son-in-law, daughter-in-law,
brother-in-law or sister-in-law.
(c) If, during a period of sick leave, vacation leave or compensatory leave,
an employee is bereaved in circumstances under which he would have been eligible
for bereavement leave with pay under paragraph 18.02(a) and 18.02(b), the
employee shall be granted bereavement leave with pay and his paid leave credits
shall be restored to the extent of any concurrent bereavement leave with pay
granted.
(d) 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 than and/or in
a different manner than that provided for in paragraphs 18.02(a) and 18.02(b).
(e) If, during a period of paid leave, an employee is bereaved in
circumstances under which he would have been eligible for bereavement leave
under this clause, he shall be granted bereavement leave and his paid leave
credits shall be restored to the extent of any concurrent bereavement leave
granted.
18.03 Maternity Leave without Pay
(a) 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.
(b) Notwithstanding paragraph (a):
- where the employee has not yet proceeded on maternity leave without pay
and her newborn child is hospitalized,
or
- where the employee has proceeded on maternity leave without pay and then
returns to work for all or part of the period during which her newborn child
is hospitalized,
the period of maternity leave without pay defined in paragraph (a) 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 was not on maternity leave, to
a maximum of seventeen (17) weeks.
(c) The extension described in paragraph (b) shall end not later than
fifty-two (52) weeks after the termination date of pregnancy.
(d) The Employer may require an employee to submit a medical certificate
certifying pregnancy.
(e) An employee who has not commenced maternity leave without pay may elect
to:
- use earned vacation and compensatory leave credits up to and beyond the
date that her pregnancy terminates;
- use her sick leave credits up to and beyond the date that her pregnancy
terminates, subject to the provisions set out in Article 17, Sick Leave With
Pay. For purposes of this subparagraph, the terms "illness" or
"injury" used in Article 17, Sick Leave With Pay, shall include
medical disability related to pregnancy.
(f) 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 unless there
is a valid reason why the notice cannot be given.
(g) 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.
18.04 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:
- has completed six (6) months of continuous employment before the
commencement of her maternity leave without pay,
- 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
- has signed an agreement with the Employer stating that:
- 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;
- 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;
- 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 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 and the recruitment and retention "terminable
allowance", 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
and the recruitment and retention "terminable allowance", 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
18.04(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 and the recruitment and retention "terminable
allowance" referred to in paragraph (f) shall be the rate to which the
employee is entitled for the 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 and the recruitment and retention "terminable
allowance" 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.
18.05 Special Maternity Allowance for Totally Disabled Employees
(a) An employee who:
- fails to satisfy the eligibility requirement specified in subparagraph
18.04(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 Employment
Insurance pregnancy benefits,
and
- has satisfied all of the other eligibility criteria specified in paragraph
18.04(a), other than those specified in sections (A) and (B) of subparagraph
18.04(a)(iii),
**
shall be paid, in respect of each week of maternity allowance not received
for the reason described in subparagraph (i), the difference between
ninety-three per cent (93%) of her weekly rate of pay and the recruitment and
retention "terminable allowance", 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
18.04 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 Employment
Insurance Act had she not been disqualified from Employment Insurance
pregnancy benefits for the reasons described in subparagraph (a)(i).
18.06 Medical Appointment for Pregnant Employees
**
(a) Up to three decimal seven five (3.75) hours of 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.
18.07 Maternity-related Reassignment or Leave
(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 paragraph 18.07(a) above 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 paragraph 18.07(a) above 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 original medical certificate, unless there is a
valid reason why that notice cannot be given. Such notice must be accompanied by
a new medical certificate.
18.08 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 partner), 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 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 partner),
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.
18.09 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:
- has completed six (6) months of continuous employment before the
commencement of parental leave without pay,
- provides the Employer with proof that he 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
- has signed an agreement with the Employer stating that:
- 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;
- Following his 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 18.04 (a)(iii)(B), if applicable;
- should he fail to return to work in accordance with section (A) or
should he 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 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 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) Parental Allowance payments made in accordance with the SUB Plan will
consist of the following:
**
- (i) 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 weekly rate of pay and the recruitment and retention
"terminable allowance", 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 is eligible to receive and ninety-three per cent (93%)
of his weekly rate of pay and the recruitment and retention "terminable
allowance", less any other monies earned during this period which may
result in a decrease in Employment Insurance benefits to which he 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
18.09(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 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 and
the recruitment and retention "terminable allowance" to which the
employee is entitled for the substantive level to which 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 and the recruitment and retention "terminable
allowance" 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.
18.10 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
- fails to satisfy the eligibility requirement specified in subparagraph
18.09(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
Employment Insurance parental benefits,
and
- (ii) has satisfied all of the other eligibility criteria specified in
paragraph 18.09(a), other than those specified in sections (A) and (B) of
subparagraph 18.09(a)(iii),
**
shall be paid, in respect of each week of benefits under the parental
allowance not received for the reason described in subparagraph (i), the
difference between ninety-three per cent (93%) of the employee's rate of pay and
the recruitment and retention "terminable allowance", and the gross
amount of his 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
18.09 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 Employment Insurance Act, had the employee not been disqualified
from Employment Insurance parental benefits for the reasons described in
subparagraph (a)(i).
**
18.11 Leave Without Pay for the Care of Immediate Family
(a) Both parties recognize the importance of access to leave for the purpose
of care for the immediate family.
(b) For the purpose of this article, Immediate 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 parents) or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
(c) Subject to clause 18.11 (b), an employee shall be granted leave without
pay for the care of family in accordance with the following conditions:
- an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement
date of such leave, unless, because of urgent or unforeseeable
circumstances, such notice cannot be given;
- leave granted under this article shall be for a minimum period of three
(3) weeks;
- the total leave granted under this article shall not exceed five (5) years
during an employee's total period of employment in the Public Service;
- leave granted for a period of one (1) year or less shall be scheduled in a
manner which ensures continued service delivery.
(d) An employee who has proceeded on leave without pay may change his or her
return to work date if such change does not result in additional costs to the
Employer.
(e) All leave granted under Leave Without Pay for the Long-Term Care of a
Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age
Children under the terms of previous collective agreements 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.
**
18.12 Transitional Provisions
These transitional provisions are applicable to employees who have been
granted and have proceeded on leave on or after the date of signature of this
agreement.
(a) An employee who, on the date of signature of this agreement, is on Leave
Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the
Care and Nurturing of Pre-School Age Children under the terms of a previous
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.
(b) 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
Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of
Pre-School Age Children under the terms of another agreement, continues on that
leave for the approved duration or until the employee's return to work before
the end of the approved leave.
18.13 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
for a period of up to three (3) months and only once for a period of more than
three (3) months but not exceeding one (1) year during the employee's total
period of employment in the Public Service. Leave without pay granted under this
clause may not be used in combination with maternity or parental leave without
the consent of the Employer.
(d) Leave without pay granted under paragraph (a) 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) 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.
18.14 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.
(b) 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.
**
18.15 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 children of
legal or common-law partner); parents (including step-parents 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 three decimal seven five (3.75) hours for
a medical or dental appointment when the family member is incapable of
attending the appointment alone, 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;
- (iii) seven decimal five (7.5) hours 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 that may be granted under subparagraphs (b)(i),
(ii) and (iii) shall not exceed thirty-seven decimal five (37.5) hours in a
fiscal year.
(d) After the completion of one (1) year's continuous employment in the
Public Service, and providing an employee gives the Employer at least five (5)
days' notice, the employee shall be granted thirty seven decimal five (37.5)
hours marriage leave with pay for the purpose of getting married.
18.16 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 the employee's 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
- 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.
18.17 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 the employee's presence is so required. This clause applies equally
in respect of the personnel selection processes related to deployment.
18.18 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 the employee is unable to perform
the employee's duties because of:
(a) personal injury accidentally received in the performance of the
employee's duties and not caused by the employee's willful misconduct,
(b) sickness resulting from the nature of the employee's employment,
or
(c) exposure to hazardous conditions in the course of the employee's
employment,
if the employee agrees to pay to the Receiver General of Canada any amount
received for loss of wages in settlement of any claim the employee 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 employee or
the employee's agent has paid the premium.
18.19 Examination Leave
Leave with pay to take examinations or defend dissertations may be granted by
the Employer to an employee who is not on education leave. 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 the employee's
qualifications.
**
18.20 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 decimal five (7.5) 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 time as the employee may request.
18.21 Other Leave with Pay
(a) At its discretion, the Employer may grant leave with pay for purposes
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 the employee
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 decimal five (7.5) hours of leave with pay for
reasons of a personal nature.
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 time as the employee may request.
18.22 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.
19.01 General
The parties recognize that in order to promote professional expertise,
employees, from time to time, need to have an opportunity to attend or
participate in career development activities described in this Article.
19.02 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 the employee to fill
the employee's present role more effectively, 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 article may receive
an allowance in lieu of salary of up to one hundred per cent (100%) of the
employee's annual rate of pay, depending on the degree to which the education
leave is deemed, by the Employer, to be relevant to organizational requirements.
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:
- 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 the employee has undertaken to serve after
completion of the course,
the employee shall repay the Employer all allowances paid to the employee
under this clause during the education leave or such lesser sum as shall be
determined by the Employer.
**
19.03 Conferences and Professional Development
The parties to this Agreement recognize that attendance at professional or
scientific conferences, symposia, workshops and other gatherings of a similar
nature constitutes an integral part of an employee's professional activities and
that attendance and participation in such gatherings is recognized as an
important element in enhancing creativity in the conduct of scientific research
or professional development. In this context, the parties also recognize the
importance of research networking with national and international peers and
active participation in the business and organization of relevant scientific and
professional societies.
19.04 Professional or Scientific Conferences
(a) An employee will attend professional or scientific conferences related to
the employee's field of specialization when it is deemed by management that such
attendance will benefit the research program. An employee shall also have the
opportunity on occasion to attend other conferences and conventions which are
related to the employee's field of specialization, subject to operational
constraints.
(b) The employee may recommend to management, conferences, symposia,
workshops, and other gatherings of a similar nature, which the employee deems
relevant and beneficial to the research program.
(c) An employee who attends such a conference, symposium, workshop, and other
gatherings of a similar nature, shall be considered to be on duty and, as
required, in travel status.
(d) An employee shall not be entitled to any compensation under Article 14,
Travelling Time, in respect of hours the employee is travelling to or from a
conference or similar gathering.
19.05 Professional Development
(a) The parties recognize the desirability of improving professional
standards by giving employees the opportunity:
- to conduct research or to perform work related to their normal research
programs in institutions or locations other than their normal place of work,
including non-Public Service locations,
or
- to carry out research in the employee's field of specialization not
specifically related to the employee's assigned work projects when in the
opinion of the Employer such research is needed to enable the employee to
perform the employee's assigned role more adequately.
(b) An employee, in consultation with the Employer, may apply at any time for
professional development under this clause, and the Employer shall make a
reasonable effort to grant such professional assignments subject to operational
requirements.
(c) An employee may be selected by the Employer for such development under
this clause, in which case the Employer will consult with the employee before
determining the location and duration of the program of work or studies to be
undertaken.
(d) An employee selected for professional development under this clause will
continue to receive the employee's normal compensation including any increase or
improvement for which the employee may become eligible.
(e) 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.
19.06 Selection Criteria
(a) Should the Employer establish selection criteria for granting leave under
clauses 19.02 through 19.05 for a specified classification, a copy of these
criteria will be provided to an employee who so requests and to the Institute
Representative on the Departmental Career Development Consultation Committee.
The Employer, on request, will consult with the Institute Representative on the
Committee with regard to the selection criteria.
(b) All applications for leave under clauses 19.02 through 19.05 will be
reviewed by the Employer. A list of the names of the applicants to whom the
Employer grants leave under clauses 19.02 through 19.05 will be provided to the
Institute Representative on the Departmental Career Development Consultation
Committee.
19.07 Departmental Career Development Consultation Committee
(a) The parties to this collective agreement acknowledge the mutual benefits
to be derived from consultation on Career Development. To this effect the
parties agree that such consultation will be held at the departmental level
either through the existing Joint Consultation Committee or through the creation
of a Departmental Career Development Consultation Committee. A consultation
committee as determined by the parties, may be established at the local,
regional or national level.
(b) The Departmental Consultation Committee 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.
(c) Employees forming the continuing membership of the Departmental
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.
(d) The Employer recognizes the use of such committees for the purpose of
providing information, discussing the application of policy, promoting
understanding and reviewing problems.
(e) It is understood that no commitment may be made by either party on a
subject that is not within their authority or jurisdiction, nor shall any
commitment made be construed as to alter, amend, add to or modify the terms of
this Agreement.
19.08 Joint Institute/Treasury Board Career Development Committee
(a) In addition to consultation on career development at the departmental
level referred to in clause 19.07, the representatives of the Employer and the
Institute agree to establish a joint Institute/Treasury Board Career Development
Committee.
(b) In establishing this committee, it is understood by the parties that
departments are responsible for the application of the policies related to
Career Development.
(c) It is understood that no commitment may be made by either party on a
subject that is not within their authority or jurisdiction, nor shall any
commitment made be construed as to alter, amend, add to or modify the terms of
this Agreement.
20.01 Under the following circumstances and subject to
clause 20.02 an employee shall receive severance benefits calculated on the
basis of his weekly rate of pay:
(a) Lay-Off
- On the first (1st) lay-off 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).
- On second (2nd) or subsequent lay-off one 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 20.01(a)(i) above.
**
(b) Resignation
On resignation, subject to paragraph 20.01(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 and, in the case of a partial year of continuous
employment, one-half (1/2) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), 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,
a severance payment in respect of the employee's complete period of continuous
employment, comprised of 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 a severance
payment in respect of the employee's complete period of continuous employment,
comprised of 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) Rejection on Probation
On rejection on probation, when an employee has completed more than one (1)
year of continuous employment and ceases to be employed by reason of rejection
during a probationary period, one (1) week's pay for each complete year of
probation.
(f) 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 of
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 with a maximum benefit of twenty-eight (28) weeks.
- When an employee has completed more than ten (10) years of continuous
employment and ceases to be employed by reasons of termination for cause of
reasons of incompetence pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of twenty-eight (28) weeks.
**
20.02 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 20.01 be pyramided.
20.03 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 the employee's certificate of appointment,
immediately prior to the termination of employment.
20.04 Notwithstanding clause 20.01, an employee who resigns
to accept an appointment with an organization listed in Part II of Schedule I of
the Public Service Staff Relations Act may choose not to be paid
severance pay provided that the appointing organization will accept the
employee's Part I service for its severance pay entitlement.
21.01 Upon written request, an employee shall be entitled to
a complete and current statement of the duties and responsibilities of the
employee's position, including the position's classification level and the
position rating form.
**
22.01 Both parties recognize the importance of employees
becoming members of and actively participating in the business and organization
of relevant scientific and professional activities, such as organizing
symposiums, being committee members, office holders, editors of scientific
journals and reviewers of scientific papers.
22.02 The Employer shall reimburse an employee for his
payment of membership or registration fees to an organization or governing body
when the payment of such fees is a requirement for the continuation of the
performance of the duties of his position.
23.01 Diving Allowance
**
(a) Employees whose job duties require them to dive (as that word is
hereinafter defined) shall be paid an allowance of twenty dollars ($20.00) per
hour. The minimum allowance shall be two (2) hours per dive. Effective 1st
October 2005, employees whose job duties require them to dive shall be paid an
allowance of twenty-five dollars ($25.00) per hour. The minimum allowance shall
be two (2) hours per dive.
(b) A dive is the total of any period or periods of time during any eight (8)
hour period in which an employee carries out required underwater work with the
aid of a self-contained air supply.
23.02 Flying Allowance
(a) An employee, except an employee in receipt of a responsibility allowance,
who in the performance of his duties is required to work in experimental
aircraft whilst in flight, shall receive an allowance of one hundred dollars
($100.00) per month provided that he completes not less than fifteen (15) hours
in the performance of such duties during any period of three (3) consecutive
months.
(b) For the purposes of this clause an experimental aircraft is defined as an
aircraft for which the Ministry of Transport has issued a flight permit valid
for the purpose of experimental research.
23.03 Field or Sea Research Allowance
This clause does not apply to employees classified as DS.
**
(a) Effective 1st October 2004, an employee who meets the
conditions set forth below shall be paid a field or sea research allowance of
three hundred and forty dollars ($340.00) for each fifteen (15) calendar day
period, provided that:
- he completes a minimum of fifteen (15) calendar days on field or sea
research work in a consecutive three hundred and sixty-five (365) day
period,
- the minimum number of days referred to in (i) is made up of periods of not
less than two (2) consecutive calendar days.
(b) Once the conditions of (a)(i) and (ii) are met, an employee shall be paid
on a pro rata basis for periods of field or sea research work of less than
fifteen (15) calendar days.
24.01 The Employer shall provide the employee with
immunization against communicable diseases where there is a risk of incurring
such diseases in the performance of his duties.
**
25.01 The parties have agreed that in cases where, as a
result of technological change, the services of an employee are no longer
required beyond a specified date because of lack of work or the discontinuance
of a function, the Work Force Adjustment Agreement in Appendix "C"
concluded by the parties will apply. In all other cases, the following clauses
will apply:
25.02 In this Article "Technological Change"
means:
(a) the introduction by the Employer of equipment or material of a
substantially different nature than that previously utilized which will result
in significant changes in the employment status or working conditions of
employees;
or
(b) a major change in the Employer's operation directly related to the
introduction of that equipment or material which will result in significant
changes in the employment status or working conditions of the employees.
25.03 Both parties recognize the overall advantages of
technological change and will, therefore, encourage and promote technological
change in the Employer's operations. Where technological change is to be
implemented, the Employer will seek ways and means of minimizing adverse effects
on employees which might result from such changes.
25.04 The Employer agrees to provide as much advance notice
as is practicable but, except in cases of emergency, not less than one hundred
and twenty (120) days written notice to the Institute of the introduction or
implementation of technological change.
25.05 The written notice provided for in clause 25.04 will
provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to effect
change;
(c) the location or locations involved.
25.06 As soon as reasonably practicable after notice is
given under clause 25.04, the Employer shall consult with the Institute
concerning the effects of the technological change referred to in clause 25.04
on each group of employees. Such consultation will include but not necessarily
be limited to the following:
(a) the approximate number, class and location of employees likely to be
affected by the change;
(b) the effect the change may be expected to have on working conditions or
terms and conditions of employment on employees.
25.07 When, as a result of technological change, the
Employer determines that an employee requires new skills or knowledge in order
to perform the duties of his substantive position, the Employer will make every
reasonable effort to provide the necessary training during the employee's
working hours and at no cost to the employee.
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 or occupational illness.
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