27.01 The Employer recognizes the Institute as the exclusive
bargaining agent for all employees described in the certificate issued by the
Public Service Staff Relations Board on June 16, 1999 covering employees of the
Research Group.
27.02 The Employer recognizes that it is a proper function
and a right of the Institute to bargain with a view to arriving at a Collective
Agreement and the Employer and the Institute agree to bargain in good faith, in
accordance with the provisions of the Public Service Staff Relations Act.
28.01 The Employer will as a condition of employment deduct
an amount equal to the amount of the membership dues from the monthly pay of all
employees in the bargaining unit.
28.02 The Institute shall inform the Employer in writing of
the authorized monthly deduction to be checked off for each employee defined in
clause 28.01.
28.03 For the purpose of applying clause 28.01, deductions
from pay for each employee in respect of each month will start with the first (1st)
full month of employment to the extent that earnings are available.
28.04 An employee who satisfies the Employer to the extent
that he declares in an affidavit that he is a member of a religious organization
whose doctrine prevents him as a matter of conscience from making financial
contributions to an employee organization and that he will make contributions to
a charitable organization registered pursuant to the Income Tax Act,
equal to dues, shall not be subject to this Article, provided that the affidavit
submitted by the employee is countersigned by an official representative of the
religious organization involved. A copy of the affidavit will be provided to the
Institute.
28.05 No employee organization, as defined in Section 2 of
the Public Service Staff Relations Act, other than the Institute, shall
be permitted to have membership dues and/or other monies deducted by the
Employer from the pay of employees in the bargaining unit.
28.06 The amounts deducted in accordance with clause 28.01
shall be remitted to the Institute by cheque within a reasonable period of time
after deductions are made and shall be accompanied by particulars identifying
each employee and the deductions made on the employee's behalf.
28.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
28.08 The Institute agrees to indemnify and save the
Employer harmless against any claim or liability arising out of the application
of this Article, except for any claim or liability arising out of an error
committed by the Employer, in which case the liability shall be limited to the
amount of the error.
28.09 When it is mutually acknowledged that an error has
been committed, the Employer shall endeavour to correct such error within the
two (2) pay periods following the acknowledgement of error.
28.10 Where an employee does not have sufficient earnings in
respect of any month to permit deductions under this Article the Employer shall
not be obligated to make such deductions for that month from subsequent salary.
29.01 Access by an Institute Representative
An accredited representative of the Institute may be permitted access to the
Employer's premises on stated Institute business and to attend meetings called
by management. Permission to enter the premises shall, in each case, be obtained
from the Employer.
29.02 Bulletin Boards
Reasonable space on bulletin boards, including electronic bulletin boards
where available, will be made available to the Bargaining Agent for the posting
of official notices, in convenient locations determined by the Employer and the
Institute. Notices or other material shall require the prior approval of the
Employer, except notices relating to the business affairs of the Institute and
social and recreational events. The Employer shall have the right to refuse the
posting of any information which the Employer considers adverse to the
Employer's interests or to the interests of any of the Employer's
representatives.
29.03 Institute Literature
The Employer will continue its practice of making available to the Institute
a specific location on its premises for the storage and placement of a
reasonable quantity of Institute files and literature.
30.01 The Employer agrees to supply the Institute on a
quarterly basis with a list of all employees in the bargaining unit. The list
referred to herein shall include the name, employing department, geographical
location, classification of the employee and shall be provided within one month
following the termination of each quarter. As soon as practicable, the Employer
agrees to add to the above list the date of appointment for new employees.
30.02 The Employer agrees to supply each employee with a
copy of the Collective Agreement and any amendments thereto.
30.03 Upon the written request of an employee, the Employer
shall make available at a mutually satisfactory time National Joint Council
Agreements listed in clause 36.03 which have a direct bearing on the requesting
employee's terms and conditions of employment.
**
30.04 The Employer agrees to distribute to each new employee
an information package prepared and supplied by the Institute. Such information
package shall require the prior approval of the Employer.
31.01 The Employer acknowledges the right of the Institute
to appoint Stewards from amongst the members of bargaining units for which the
Institute is the certified bargaining agent.
31.02 The Employer and the Institute shall, by mutual
agreement, determine the area of jurisdiction of each Steward, having regard to
the plan of organization and the distribution of employees.
31.03 The Institute shall inform the Employer promptly and
in writing of the names of its Stewards, their jurisdiction, and of any
subsequent changes.
31.04 Leave for Stewards
Operational requirements permitting, the Employer shall grant leave with pay
to an employee to enable him to carry out his functions as a Steward on the
Employer's premises. When the discharge of these functions require an employee
who is a Steward to leave his normal place of work, the employee shall report
his return to his supervisor whenever practicable.
32.01 Public Service Staff Relations Board Hearings
Complaints Made to the Public Service Staff Relations Board Pursuant
to Section 23 of the Public Service Staff Relations Act
Where operational requirements permit the Employer will grant leave with pay:
(a) to an employee who makes a complaint on their own behalf before the
Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or
who acts on behalf of the Institute making a complaint.
32.02 Applications for Certification, Representations and
Interventions With Respect to Applications for Certification
Where operational requirements permit, the Employer will grant leave without
pay:
(a) to an employee who represents the Institute in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
32.03 Employee Called as a Witness
The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations
Board,
and
(b) where operational requirements permit, to an employee called as a witness
by an employee or the Institute.
32.04 Arbitration Board, Conciliation Board Hearings and Alternative
Dispute Resolution Process
Where operational requirements permit, the Employer will grant leave with pay
to an employee representing the Institute before an Arbitration Board,
Conciliation Board or an Alternative Dispute Resolution Process.
32.05 Employee Called as a Witness
The Employer will grant leave with pay to an employee called as a witness by
an Arbitration Board, Conciliation Board or an Alternative Dispute Resolution
Process and, where operational requirements permit, leave with pay to an
employee called as a witness by the Institute.
32.06 Adjudication
Where operational requirements permit, the Employer will grant leave with pay
to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an adjudication,
or
(c) a witness called by an employee who is party to an adjudication.
32.07 Meetings during the Grievance Process
Employee Presenting Grievance
Where operational requirements permit, the Employer will grant to an
employee:
(a) where the Employer originates a meeting with the employee who has
presented the grievance, leave with pay when the meeting is held in the
headquarters area of such employee and on duty status when the meeting is held
outside the headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to meet with the
Employer, leave with pay to the employee when the meeting is held in the
headquarters area of such employee and leave without pay when the meeting is
held outside the headquarters area of such employee.
32.08 Employee Who Acts as Representative
Where an employee wishes to represent at a meeting with the Employer, an
employee who has presented a grievance, the Employer will, where operational
requirements permit, grant leave with pay to the representative when the meeting
is held in the headquarters area of such employee and leave without pay when the
meeting is held outside the headquarters area of such employee.
32.09 Grievance Investigations
Where an employee has asked or is obliged to be represented by the Institute
in relation to the presentation of a grievance and an employee acting on behalf
of the Institute wishes to discuss the grievance with that employee, the
employee and the representative of the employee will, where operational
requirements permit, be given reasonable leave with pay for this purpose when
the discussion takes place in the headquarters area of such employee and leave
without pay when it takes place outside the headquarters area of such employee.
32.10 Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without
pay to an employee for the purpose of attending contract negotiations meetings
on behalf of the Institute.
32.11 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without
pay to an employee to attend preparatory contract negotiations meetings.
32.12 Meetings between the Institute and Management
Where operational requirements permit, the Employer will grant leave with pay
to an employee to attend meetings with management on behalf of the Institute.
32.13 Institute Meetings and Conventions
Where operational requirements permit, the Employer will grant leave without
pay to an employee to attend meetings and conventions provided in the
Constitution and By-Laws of the Institute.
32.14 Stewards Training Courses
(a) Where operational requirements permit, the Employer will grant leave
without pay to employees appointed as Stewards by the Institute, to undertake
training sponsored by the Institute related to the duties of a Steward.
(b) Where operational requirements permit, the Employer will grant leave with
pay to employees appointed as Stewards by the Institute, to attend training
sessions concerning Employer-employee relations sponsored by the Employer.
33.01 The Employer will continue past practice in giving all
reasonable consideration to continued employment in the Public Service of
employees who would otherwise become redundant because work is contracted out.
34.01 The parties agree that, in the event of a dispute
arising out of the interpretation of a clause or article in this Agreement, it
is desirable that the parties should meet within a reasonable time and seek to
resolve the problem. This Article does not prevent an employee from availing
himself or herself of the grievance procedure provided in this Agreement.
35.01 In cases of alleged misinterpretation or
misapplication arising out of Agreements concluded by the National Joint Council
of the Public Service on items which may be included in a Collective Agreement
and which the parties to this Agreement have endorsed, the grievance procedure
will be in accordance with Part 14 of the NJC by-laws.
35.02 The parties recognize the value of informal discussion
between employees and their supervisors to the end that problems might be
resolved without recourse to a formal grievance. When an employee, within the
time limits prescribed in clause 35.10, gives notice that the employee wishes to
take advantage of this clause, it is agreed that the period between the initial
discussion and the final response shall not count as elapsed time for the
purpose of grievance time limits.
35.03 In determining the time within which any action is to
be taken as prescribed in this procedure, Saturdays, Sundays and designated paid
holidays shall be excluded.
35.04 An employee who wishes to present a grievance at any
prescribed step in the grievance procedure, shall transmit this grievance to the
employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to
deal with grievances at the appropriate step,
and
(b) provide the employee with a receipt stating the date on which the
grievance was received.
35.05 A grievance of an employee shall not be deemed to be
invalid by reason only of the fact that it is not in accordance with the form
supplied by the Employer.
35.06 Subject to and as provided in Section 91 of the Public
Service Staff Relations Act, an employee who feels unjustly treated or
aggrieved by an action or lack of action by the Employer in matters other than
those arising from the classification process is entitled to present a grievance
in the manner prescribed in clause 35.04, except that:
(a) where there is another administrative procedure provided by or under any
Act of Parliament to deal with the employee's specific complaint such procedure
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Collective Agreement or an Arbitral Award, the employee is not entitled to
present the grievance unless the employee has the approval of and is represented
by the Institute.
35.07 There shall be no more than a maximum of four (4)
steps in the grievance procedure. These steps shall be as follows:
(a) Step 1 - first (1st) level of management;
(b) Steps 2 and 3 in departments or agencies where such steps are established
- intermediate step(s);
(c) Final Step - Chief Executive or Deputy Head or his authorized
representative.
35.08 The Employer shall designate a representative at each
step in the grievance procedure and shall inform each employee to whom the
procedure applies of the name or title of the person so designated together with
the name or title and address of the immediate supervisor or local
officer-in-charge to whom a grievance is to be presented.
This information shall be communicated to employees by means of notices
posted by the Employer in places where such notices are most likely to come to
the attention of the employees to whom the grievance procedure applies, or
otherwise as determined by agreement between the Employer and the Institute.
35.09 An employee who so desires may be assisted and/or
represented by the Institute when presenting a grievance at any step. The
Institute shall have the right to consult with the Employer with respect to a
grievance at each or any step of the grievance procedure.
35.10 An employee may present a grievance to the first (1st)
step of the procedure in the manner prescribed in clause 35.04, not later than
the twenty-fifth (25th) day after the date on which the employee is
notified orally or in writing or on which the employee first becomes aware of
the action or circumstances giving rise to the grievance.
35.11 An employee may present a grievance at each succeeding
step in the grievance procedure beyond the first (1st) step either:
(a) where the decision or settlement is not satisfactory to the employee,
within ten (10) days after that decision or settlement has been conveyed in
writing to the employee by the Employer,
or
(b) where the Employer has not conveyed a decision to the employee within the
time prescribed in clause 35.12, within fifteen (15) days after the employee
presented the grievance at the previous step.
35.12 The Employer shall normally reply to an employee's
grievance at any step of the grievance procedure, except the final step, within
ten (10) days after the grievance is presented, and within twenty (20) days
where the grievance is presented at the final step.
35.13 Where an employee has been represented by the
Institute in the presentation of his grievance, the Employer will provide the
appropriate representative of the Institute with a copy of the Employer's
decision at each step of the grievance procedure at the same time that the
Employer's decision is conveyed to the employee.
35.14 Where a grievance has been presented up to and
including the final step in the grievance process, and the grievance is not one
that may be referred to adjudication, the decision on the grievance taken at the
final step in the grievance process is final and binding and no further action
may be taken under the Public Service Staff Relations Act.
35.15 Where the provisions of clause 35.04 cannot be
complied with and it is necessary to present a grievance by mail, the grievance
shall be deemed to have been presented on the day on which it is postmarked and
it shall be deemed to have been received by the Employer on the day it is
delivered to the appropriate office of the department or agency concerned.
Similarly, the Employer shall be deemed to have delivered a reply at any step on
the date on which the letter containing the reply is postmarked, but the time
limit within which the grievor may present the grievance at the next higher step
shall be calculated from the date on which the Employer's reply was delivered to
the address shown on the grievance form.
35.16 The time limits stipulated in this procedure may be
extended by mutual agreement between the Employer and the employee and, where
appropriate the Institute representative, except as provided in clause 35.18.
35.17 Where it appears that the nature of the grievance is
such that a decision cannot be given below a particular step of authority, any
or all the steps except the final step may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Institute.
35.18 Where the Employer demotes or terminates an employee
for cause, the grievance procedure set forth in this Agreement shall apply
except that:
(a) the grievance may be presented at the final step only,
and
(b) the twenty (20) day time limit within which the Employer is to reply at
the final step may be extended to a maximum of forty (40) days by mutual
agreement of the Employer and the appropriate representative of the Institute.
35.19 An employee may by written notice to the employee's
immediate supervisor or officer-in-charge abandon a grievance.
35.20 Any employee who fails to present a grievance to the
next higher step within the prescribed time limits shall be deemed to have
abandoned the grievance unless, due to circumstances beyond the employee's
control, the employee was unable to comply with the prescribed time limits.
35.21 No person shall seek by intimidation, by threat of
dismissal or by any other kind of threat to cause an employee to abandon a
grievance or refrain from exercising the right to present a grievance, as
provided in this Collective Agreement.
35.22 Where an employee has presented a grievance up to and
including the final level in the grievance procedure with respect to:
(a) the interpretation or application in respect of the employee of a
provision of this Collective Agreement or related Arbitral Award,
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or
(g) of the Financial Administration Act.
and the employee's grievance has not been dealt with to the employee's
satisfaction, the employee may refer the grievance to adjudication in accordance
with the provisions of the Public Service Staff Relations Act andRegulations.
35.23 Where a grievance that may be presented by an employee
to adjudication is a grievance relating to the interpretation or application in
respect of the employee of a provision of this Agreement or an Arbitral Award,
the employee is not entitled to refer the grievance to adjudication unless the
Institute signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication,
and
(b) its willingness to represent the employee in the adjudication
proceedings.
36.01 Agreements concluded by the National Joint Council
(NJC) of the Public Service on items which may be included in a Collective
Agreement, and which the parties to this Agreement have endorsed after December
6, 1978, will form part of this Collective Agreement, subject to the Public
Service Staff Relations Act (PSSRA) and any legislation by Parliament that
has been or may be, as the case may be, established pursuant to any Act
specified in Schedule II of the PSSRA.
36.02 The NJC items which may be included in a Collective
Agreement are those items which parties to the NJC Agreements have designated as
such or upon which the Chairman of the Public Service Staff Relations Board has
made a ruling pursuant to (c) of the NJC Memorandum of Understanding which
became effective December 6, 1978.
**
36.03 The following directives, policies or regulations, as
amended from time to time by National Joint Council recommendation and which
have been approved by the Treasury Board of Canada, form part of this Collective
Agreement:
(1) Foreign Service Directives
(2) Government Travel and Living Accommodations Directive
(3) Isolated Posts and Government Housing Directive
(4) Memorandum of Understanding on Definition of Spouse
(5) NJC Relocation - IRP Directive
(6) Commuting Assistance Directive
(7) Bilingualism Bonus Directive
(8) Public Service Health Care Plan Directive
(9) Uniforms Directive
Occupational Safety and Health
(10) Boiler and Pressure Vessels Directive
(11) Hazardous Substances Directive
(12) Electrical Directive
(13) Elevating Devices Directive
(14) First Aid Safety and Health Directive
(15) First Aid Allowance Directive
(16) Tools and Machinery Directive
(17) Hazardous Confined Spaces Directive
(18) Materials Handling Safety Directive
(19) Motor Vehicle Operations Directive
(20) Noise Control and Hearing Conservation Directive
(21) Personal Protective Equipment and Clothing Directive
(22) Pesticides Directive
(23) Elevated Work Structures Directive
(24) Use and Occupancy of Buildings Directive
(25) Sanitation Directive
(26) Refusal to Work Directive
(27) Committees and Representatives Directive
During the term of this Collective Agreement, other directives, policies or
regulations may be added to the above-noted list.
Grievances in regard to the above directives, policies or regulations shall
be filed in accordance with clause 35.01 of the Article on grievance procedure
in this Collective Agreement.
37.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and will consult on matters of common interest.
37.02 The subjects that may be determined as appropriate for
joint consultation will be by mutual agreement of the parties and shall include
consultation regarding career development. Consultation may be at the local,
regional or national level as determined by the parties.
37.03 Wherever possible, the Employer shall consult with
representatives of the Institute at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
37.04 Joint Consultation Committee Meetings
The Consultation Committees shall be composed of mutually agreeable numbers
of employees and Employer representatives who shall meet at mutually
satisfactory times. Committee meetings shall normally be held on the Employer's
premises during working hours.
37.05 Employees forming the continuing membership of the
Consultation Committees shall be protected against any loss of normal pay by
reason of attendance at such meetings with management, including reasonable
travel time where applicable.
37.06 Joint Consultation Committees are prohibited from
agreeing to items which would alter any provision of this collective agreement.
38.01 Where written departmental standards of discipline are
developed or amended, the Employer agrees to supply sufficient information on
the standards of discipline to each employee and to the Institute.
**
38.02 Where an employee is required to attend a meeting on
disciplinary matters the employee is entitled to have a representative of the
Institute attend the meeting when the representative is readily available. Where
practicable, the employee shall receive a minimum of two (2) days notice of such
a meeting.
38.03 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document concerning the conduct or
performance of an employee the existence of which the employee was not aware at
the time of filing or within a reasonable time thereafter.
38.04 Notice of disciplinary action which may have been
placed on the personnel file of an employee shall be destroyed after two (2)
years have elapsed since the disciplinary action was taken provided that no
further disciplinary action has been recorded during this period.
**
38.05 When an employee is suspended from duty, the Employer
undertakes to inform the employee in writing of the reason for such suspension.
The Employer shall endeavour to give notification at the time of the suspension.
39.01 If employees are prevented from performing their
duties because of a strike or lock-out on the premises of another employer, the
employees shall report the matter to the Employer, and the Employer will make
reasonable efforts to ensure that such employees are employed elsewhere, so that
they shall receive their regular pay and benefits to which they would normally
be entitled.
40.01 Definition
Part-time employee means a person whose normal scheduled hours of work are
less than thirty-seven and one-half (37 1/2) hours per week, but not less than
those prescribed in the Public Service Staff Relations Act.
40.02 General
Part-time employees shall be entitled to the benefits provided under this
Agreement in the same proportion as their normal scheduled weekly hours of work
compare with the normal weekly hours of work of full-time employees unless
otherwise specified in this Agreement.
40.03 Part-time employees shall be paid at the hourly rate
of pay for all work performed up to seven and one-half (7 1/2) hours in a day or
thirty-seven and one-half (37 1/2) hours in a week unless the employee is
working other daily or weekly hours of work as prescribed pursuant to Article 8,
Hours of Work.
40.04 The days of rest provisions of this Collective
Agreement apply only in a week when a part-time employee has worked five (5)
days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the
hourly rate of pay.
40.05 Leave will only be provided:
(a) during those periods in which employees are scheduled to perform their
duties;
or
(b) where it may displace other leave as prescribed by this Agreement.
40.06 Designated Holidays
A part-time employee shall not be paid for the designated holidays but shall,
instead be paid a premium of four decimal two five per cent (4.25%) for all
straight-time hours worked during the period of part-time employment.
40.07 Subject to Article 9, Overtime, when a part-time
employee is required to work on a day which is prescribed as a designated paid
holiday for a full-time employee in clause 12.01 of this Agreement, the employee
shall be paid time and one-half (1 1/2) the hourly rate of pay for all hours
worked on the holiday. The provisions of clause 9.06, Compensatory Leave, do not
apply.
40.08 Overtime
"Overtime" means work required by the Employer, to be performed by
the employee, in excess of those hours prescribed in clause 40.03 but does not
include time worked on a holiday.
40.09 Subject to Article 9, Overtime, a part-time employee
who is required to work overtime shall be paid at time and one-half (1 1/2) for
all overtime hours worked. The provisions of clause 9.06, Compensatory Leave, do
not apply.
40.10 Vacation Leave
A part-time employee shall earn vacation leave credits for each month in
which the employee receives pay for at least twice (2) the number of hours in
the employee's normal work week, at the rate for years of employment established
in clause 16.02, Vacation Leave, prorated and calculated as follows:
(a) when the entitlement is nine decimal three seven five (9.375) hours a
month, .250 multiplied by the number of hours in the employee's work week per
month;
(b) when the entitlement is twelve decimal five (12.5) hours a month, .333
multiplied by the number of the hours in the employee's work week per month;
(c) when the entitlement is thirteen decimal seven five (13.75) hours a
month, .367 multiplied by the number of hours in the employee's work week per
month;
(d) when the entitlement is fourteen decimal three seven five (14.375) hours
a month, .383 multiplied by the number of hours in the employee's work week per
month;
(e) when the entitlement is fifteen decimal six two five (15.625) hours a
month, .417 multiplied by the number of hours in employee's work week per month;
(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a
month, .450 multiplied by the number of hours in the employee's workweek per
month;
(g) when the entitlement is eighteen decimal seven five (18.75) hours a
month, .500 multiplied by the number of hours in the employee's workweek per
month;
(h) however, a part-time employee who has received or is entitled to receive
furlough leave shall have his vacation leave credits earned reduced by
one-twelfth (1/12) of the hours in the part-time workweek, beginning in the
month in which the twentieth (20th) anniversary of service occurs
until the beginning of the month in which his twenty-fifth (25th)
anniversary of service occurs.
40.11 Sick Leave
A part-time employee shall earn sick leave credits at the rate of one-quarter
(1/4) of the number of hours in an employee's normal work week for each calendar
month in which the employee has received pay for at least twice (2) the number
of hours in the employee's normal work week.
40.12 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 40.10 and 40.11, where an
employee does not work the same number of hours each week, the normal work week
shall be the weekly average calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both
full-time and part-time employment shall not earn vacation or sick leave credits
in excess of the entitlement of a full-time employee.
40.13 Severance Pay
Notwithstanding the provisions of Article 20, Severance Pay, where the period
of continuous employment in respect of which a severance benefit is to be paid
consists of both full-and part-time employment or varying levels of part-time
employment, the benefit shall be calculated as follows: the period of continuous
employment eligible for severance pay shall be established and the part-time
portions shall be consolidated to equivalent full-time. The equivalent full-time
period in years shall be multiplied by the full-time weekly pay rate for the
appropriate classification to produce the severance pay benefit.
40.14 The weekly rate of pay referred to in clause 40.13
shall be the weekly rate of pay to which the employee is entitled for the
classification prescribed in his certificate of appointment, immediately prior
to the termination of his employment.
41.01 For the purpose of this Article,
(a) a formal assessment and/or appraisal of an employee's performance means
any written assessment and/or appraisal by any supervisor of how well the
employee has performed his assigned tasks during a specified period in the past;
(b) formal assessment and/or appraisals of employee performance shall be
recorded on a form prescribed by the Employer for this purpose.
41.02
(a) When a formal assessment of an employee's performance is made, the
employee concerned must be given an opportunity to sign the assessment form in
question upon its completion to indicate that its contents have been read. An
employee's signature on his assessment form shall be considered to be an
indication only that its contents have been read and shall not indicate his
concurrence with the statements contained on the form. A copy of the employee's
assessment form shall be provided to him at the time the assessment is signed by
the employee.
(b) The Employer's representative(s) who assesses an employee's performance
must have observed or been aware of the employee's performance for at least
one-half (1/2) of the period for which the employee's performance is evaluated.
41.03 When an employee disagrees with the assessment and/or
appraisal of his work he shall have the right to present written counter
arguments to the manager(s) or committee(s) responsible for the assessment
and/or appraisal decision.
41.04 Upon written request of an employee, the personnel
file of that employee shall be made available once per year for his examination
in the presence of an authorized representative of the Employer.
41.05 When a report pertaining to an employee's performance
or conduct is placed on that employee's personnel file, the employee concerned
shall be given an opportunity to sign the report in question to indicate that
its contents have been read.
41.06
(a) Prior to an employee appraisal the employee shall be given:
- the evaluation form which will be used for the appraisal;
- any written document which provides instructions to the person conducting
the appraisal;
(b) If, during the appraisal, either the form or instructions are changed,
they shall be given to the employee.
42.01 On application by an employee, the Employer shall
provide personal references to the prospective employer of such employee,
indicating length of service, principal duties and responsibilities and
performance of such duties.
43.01 The Institute and the Employer recognize the right of
employees to work in an environment free from sexual harassment and agree that
sexual harassment will not be tolerated in the work place.
43.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph 43.02(a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
43.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with sexual harassment. The selection
of the mediator will be by mutual agreement.
44.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practised with respect to an employee by reason of age, race,
creed, colour, national or ethnic origin, religious affiliation, sex, sexual
orientation, family status, marital status, mental or physical disability,
conviction for which a pardon has been granted or membership or activity in the
Institute.
44.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph 44.02(a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
44.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with discrimination. The selection of
the mediator will be by mutual agreement.
45.01 Except as provided in clauses 45.01 to 45.08
inclusive, and the Notes to Appendix "A" of this Agreement, the terms
and conditions governing the application of pay to employees are not affected by
this Agreement.
45.02 An employee is entitled to be paid for services
rendered at:
(a) the pay specified in Appendix "A" for the classification of the
position to which the employee is appointed, if the classification coincides
with that prescribed in the employee's certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification
prescribed in the employee's certificate of appointment, if that classification
and the classification of the position to which the employee is appointed do not
coincide.
45.03 The rates of pay set forth in Appendix "A"
shall become effective on the date specified therein.
45.04 Only rates of pay and compensation for overtime which
has been paid to an employee during the retroactive period will be recomputed
and the difference between the amount paid on the old rates of pay and the
amount payable on the new rates of pay will be paid to the employee.
45.05 Pay Administration
When two (2) or more of the following actions occur on the same date, namely
appointment, pay increment, pay revision, the employee's rate of pay shall be
calculated in the following sequence:
(a) the employee shall receive the pay increment;
(b) the employee's rate of pay shall be revised;
(c) the employee's rate of pay on appointment shall be established in
accordance with this Agreement.
**
45.06 Rates of Pay
(a) The rates of pay set forth in Appendix "A" shall become
effective on the dates specified.
Where the rates of pay set forth in Appendix "A" have an effective
date prior to the date of signing of this Agreement, the following shall apply:
- "retroactive period" for the purpose of subparagraphs (ii) to
(v) means the period from the effective date of the revision up to and
including the day before the collective agreement is signed or when an
arbitral award is rendered therefore;
- a retroactive upward revision in rates of pay shall apply to employees,
former employees or in the case of death, the estates of former employees
who were employees in the groups identified in Article 1 of this Agreement
during the retroactive period;
- for initial appointments made during the retroactive period, the rate of
pay selected in the revised rates of pay is the rate which is shown
immediately below the rate of pay being received prior to the revision;
- for promotions, demotions, deployments, transfers or acting situations
effective during the retroactive period, the rate of pay shall be
recalculated, in accordance with the Public Service Terms and Conditions of
Employment Regulations, using the revised rates of pay. If the recalculated
rate of pay is less than the rate of pay the employee was previously
receiving, the revised rate of pay shall be the rate, which is nearest to,
but not less than the rate of pay being received prior to the revision.
However, where the recalculated rate is at a lower step in the range, the
new rate shall be the rate of pay shown immediately below the rate of pay
being received prior to the revision;
- no payment or no notification shall be made pursuant to paragraph 45.05(b)
for one dollar ($1.00) or less.
45.07 This Article is subject to the Memorandum of
Understanding signed by the Employer and the Professional Institute of the
Public Service of Canada dated July 21, 1982 in respect of red-circled
employees.
45.08 Acting Pay
This clause does not apply to employees classified as DS.
When an employee is required by the Employer to substantially perform the
duties of a higher classification level on an acting basis for the required
number of consecutive working days, the employee shall be paid acting pay
calculated from the date on which the employee commenced to act as if the
employee had been appointed to that higher classification level for the acting
period in which the employee acts.
When a day designated as a paid holiday occurs during the qualifying period,
the holiday shall be considered as a day worked for the purpose of the
qualifying period.
**
(a) The required number of consecutive working days referred to in clause
45.08 is as follows:
- five (5) consecutive working days for employees classified as HR;
- five (5) consecutive working days for employees classified as MA;
**
(b) For employees classified as SE, the wording of clause 45.08 does not
apply. In its place the following applies:
When an employee is required by the Employer to substantially perform the
duties of a position of a higher classification level, other than one classified
as SE-RES, on an acting basis, for a period of at least five (5) consecutive
days the employee shall be paid acting pay calculated from the date on which the
employee commenced to act as if the employee had been appointed to that higher
classification level for the period in which the employee acts. When a day
designated as a paid holiday occurs during the qualifying period, the holiday
shall be considered as a day worked for the purpose of the qualifying period.
46.01 This Agreement may be amended by mutual consent. If
either party wishes to amend or vary this Agreement, it shall give to the other
party notice of any amendment proposed and the parties shall meet and discuss
such proposal not later than one (1) calendar month after receipt of such
notice.
**
47.01 The duration of this Collective Agreement shall be
from the date it is signed to September 30, 2006.
47.02 Unless otherwise expressly stipulated, the provisions
of this Collective Agreement shall become effective on the date it is signed.
47.03 The provisions of this Collective Agreement shall be
implemented by the parties within a period of one hundred and twenty (120) days
from the date of its execution.
IN MEMORIAM
In memory of Sam Naidu,
a member of the PIPSC RE Bargaining Team,
for his contributions to the betterment of the RE Group.
SIGNED AT OTTAWA, this 16th day of the month of December 2004.
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL INSTITUTE
OF THE
PUBLIC SERVICE OF CANADA |
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL INSTITUTE
OF THE
PUBLIC SERVICE OF CANADA |
|