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34.01 In cases of alleged misinterpretation or
misapplication arising out of agreements concluded by the National Joint Council
(NJC) of the Public Service on items which may be included in a Collective
Agreement and which the parties to this Agreement have endorsed, the grievance
procedure will be in accordance with Section 7.0 of the NJC By-Laws.
34.02 Subject to and as provided in Section 208 of
the Public Service Labour Relations Act, an officer who feels that he has
been treated unjustly or considers himself aggrieved by any action or lack of
action by the Employer in matters other than those arising from the
classification process is entitled to present a grievance in the manner
prescribed in clause 34.05 except that:
(a) where there is another administrative procedure provided by
or under any Act of Parliament to deal with his specific complaint, such
procedure must be followed,
and
(b) where the grievance relates to the interpretation or
application of this Collective Agreement or an Arbitral Award, he is not
entitled to present the grievance unless he has the approval of and is
represented by the Union.
34.03 Except as otherwise provided in this Agreement
a grievance shall be processed by recourse to the following levels:
(a) Level 1 - first level of management;
(b) Levels 2 and 3 - intermediate level(s) where such level or
levels are established in departments or agencies;
(c) Final level - deputy head or his authorized representative.
Whenever there are four (4) levels in the grievance procedure,
the grievor may elect to waive either level 2 or 3.
34.04 The Employer shall designate a representative
at each level in the grievance procedure and shall inform each officer 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 officers by means of notices posted by the Employer in places
where such notices are most likely to come to the attention of the officers to
whom the grievance procedure applies, or otherwise as determined by Agreement
between the Employer and the Union.
34.05 An officer who wishes to present a grievance at
a prescribed level in the grievance procedure, shall transmit this grievance to
his immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer
authorized to deal with grievances at the appropriate level,
and
(b) provide the officer with a receipt stating the date on which
the grievance was received by him.
34.06 Where 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 date it is delivered to the appropriate office of the department or agency
concerned. Similarly the Employer shall be deemed to have delivered a reply at
any level on the date on which the letter containing the reply is postmarked,
but the time limit within which the grievor may present his grievance at the
next higher level shall be calculated from the date on which the Employer's
reply was delivered to the address shown on the grievance form.
34.07 A grievance of an officer shall not be deemed
to be invalid by reason only that it is not in accordance with the form supplied
by the Employer.
34.08 An officer may be assisted and/or represented
by the Union when presenting a grievance at any level.
34.09
(a) The Union shall have the right to consult with the Employer
with respect to a grievance at each level of the grievance procedure. Where
consultation is with the deputy head, the deputy head shall render the decision.
(b) The Employer and the Union recognize the value of an
exchange of information during the grievance process.
34.10
(a) An officer may present a grievance to the First Level of the
procedure in the manner prescribed in clause 34.05, not later than the
twenty-fifth (25th) day after the date on which he is notified orally
or in writing or on which he first becomes aware of the action or circumstances
giving rise to grievance.
(b) Notwithstanding 34.10(a), an officer who utilizes an
internal departmental alternative dispute resolution process does not prejudice
his or her right to present a grievance as specified under 34.01(a).
34.11 The Employer shall normally reply to an
officer's grievance, at any level in the grievance procedure, except the Final
Level, within ten (10) days after the date the grievance is presented at that
level. Where such decision or settlement is not satisfactory to the officer, he
may submit a grievance at the next higher level in the grievance procedure
within ten (10) days after that decision or settlement has been conveyed to him
in writing.
34.12 If the Employer does not reply within fifteen
(15) days from the date that a grievance is presented at any level, except the
final level, the officer may, within the next ten (10) days, submit the
grievance at the next higher level of the grievance procedure.
34.13 The Employer shall normally reply to an
officer's grievance at the final level of the grievance procedure within thirty
(30) days after the grievance is presented at that level.
34.14 Where an officer has been represented by the
Union in the presentation of his grievance, the Employer will provide the
appropriate representative of the Union with a copy of the Employer's decision
at each level of the grievance procedure at the same time that the Employer's
decision is conveyed to the officer.
34.15 The decision given by the Employer at the final
level in the grievance procedure shall be final and binding upon the officer
unless the grievance is a class of grievance that may be referred to
adjudication.
34.16 In determining the time within which any action
is to be taken as prescribed in this procedure, Saturdays, Sundays and
designated paid holidays shall be excluded.
34.17 The time limits stipulated in this procedure
may be extended by mutual Agreement between the Employer and the officer and,
where appropriate, the Union representative.
34.18 Where it appears that the nature of the
grievance is such that a decision cannot be given below a particular level of
authority, any or all of the levels, except the final level, may be eliminated
by Agreement of the Employer and the officer, and, where applicable, the Union.
34.19 Where the Employer discharges an officer, the
grievance procedure set forth in this Agreement shall apply except that the
grievance may be presented at the final level only.
34.20 An officer may abandon a grievance by written
notice to his immediate supervisor or officer-in-charge.
34.21 An officer who fails to present a grievance to
the next higher level within the prescribed time limits shall be deemed to have
abandoned the grievance, unless he was unable to comply with the prescribed time
limits due to circumstances beyond his control.
34.22 No person who is employed in a managerial or
confidential capacity shall seek by intimidation, by threat of dismissal or by
any other kind of threat to cause an officer to abandon his grievance or refrain
from exercising his right to present a grievance as provided in this Collective
Agreement.
34.23 Where an officer 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 him of a
provision of this Collective Agreement or a related Arbitral Award,
or
(b) disciplinary action resulting in discharge, suspension or a
financial penalty,
and his grievance has not been dealt with to his satisfaction,
he may refer the grievance to adjudication in accordance with the provisions of
the Public Service Labour Relations Act and Regulations.
34.24 Where a grievance that may be presented by an
officer to adjudication is a grievance relating to the interpretation or
application in respect of him of a provision of a Collective Agreement or an
Arbitral Award, the officer is not entitled to refer the grievance to
adjudication unless the bargaining agent for the bargaining unit to which the
Collective Agreement or Arbitral Award applies signifies in prescribed manner:
(a) its approval of the reference of the grievance to
adjudication,
and
(b) its willingness to represent the officer in the adjudication
proceedings.
35.01 The parties acknowledge the mutual benefits to
be derived from joint consultation and are prepared to enter into discussions
aimed at the development and introduction of appropriate machinery for the
purpose of providing joint consultation on matters of common interest.
35.02 Within five (5) days of notification of
consultation served by either party, the Union shall notify the Employer in
writing of the representative authorized to act on behalf of the Union for
consultation purposes.
35.03 Without prejudice to the position the Employer
or the Union may wish to take in future about the desirability of having the
subjects dealt with by provisions of collective agreements, the following
subjects, as they affect officers covered by this Agreement, shall be regarded
as appropriate subjects of consultation involving the Employer and the Union
during the term of this Agreement:
(a) Pay administration
(b) Relocation directive
(c) Insurance for long-term disability
(d) Training
(e) Cafeterias, mobile canteens, washrooms, restrooms, showers,
locker facilities and recreational facilities
(f) Parking privileges
(g) Payment of school fees and costs of transportation to school
for children of officers
(h) Provision of uniforms and protective clothing
(i) Provision to the Union of departmental manuals and Treasury
Board directives
(j) Technological change and reduction in work force, including
measures to deal with their effect on officers
(k) Treasury Board Living Accommodation Charges Directive
(l) Entertainment expenses
(m) Travel Directive
(n) Foreign Service Directives and the Single Assignment Policy
(o) Isolated Posts Regulations
(p) Employer's share of premium payments for GSMIP, Provincial
and Supplementary Hospital Insurance.
35.04 With respect to the subjects listed in clause
35.03, the Employer agrees that new policies will not be introduced and existing
regulations or directives will not be cancelled or amended by the Treasury Board
in such a way as to affect officers covered by this Agreement until such time as
the Union has been given a reasonable opportunity to consider and to consult on
the Employer's proposals.
35.05 Wherever possible, the Employer shall consult
with representatives of the Union at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
Consultation Committees
35.06 To facilitate discussions on matters of mutual
interest outside the terms of the Collective Agreement the Employer will
recognize a National Radio Operations Group Committee and Regional Radio
Operations Group Committees of the Union for the purpose of consulting with
management. Representation at such meetings will be limited to three (3)
representatives from each party.
35.07 Meetings of these Committees will be held on
the Employer's premises.
35.08 Consultation may take place for the purpose of
providing information, discussing the application of policy or airing problems
to promote understanding, but it is expressly understood that no commitment may
be made by either party on the 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.
36.01 The Employer will continue past practice in
giving all reasonable consideration to continued employment in the Public
Service of officers who would otherwise become redundant because work is
contracted out.
37.01 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 Agreement, subject to the Public
Service Labour Relations Act (PSLRA) and any legislation by Parliament that
has been or may be, as the case may be, established pursuant to any Act
specified in Article 113 of the PSLRA.
37.02 NJC items which may be included in a Collective
Agreement are those items which the parties to the NJC agreements have
designated as such or upon which the Chairman of the Public Service Labour
Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum
of Understanding which became effective December 6, 1978.
38.01 When a formal review of an officer's
performance is made, the officer concerned shall be given an opportunity to
discuss and then sign the review form in question to indicate that its contents
have been read and understood. Upon written request, a copy of the completed
review form will be provided to the officer.
38.02 The Employer agrees not to introduce as
evidence in a hearing relating to disciplinary action any document from the file
of an officer, the existence of which the officer was not aware at the time of
filing, or within a reasonable period thereafter.
38.03 Notice of disciplinary action which may have
been placed on the personnel file of an officer 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.
38.04 Upon written request of an officer, the
personnel file of that officer may be made available at least once per year for
his examination in the presence of an authorized representative of the Employer.
39.01 Where practicable, advance notice of a change
in posting or a transfer from an officer's headquarters area as defined by the
Employer, shall be given to an officer. Such notice shall not normally be less
than two (2) months.
40.01 Upon written request, an officer shall be
entitled to a complete and current statement of the duties and responsibilities
of his position including the position's classification level and point rating
allotted by factor.
41.01 This Agreement may be amended by mutual
consent.
On-the-Job Training Allowance
42.01 When an RO-1, RO-2, RO-3 or RO-4 officer in an
operating station is assigned to provide on-the-job training to an RO officer
who has not yet qualified to operate at that station, the trainer shall be
entitled to receive three dollars ($3.00) for each complete hour during which he
provides such training.
43.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practiced with respect to an officer by reason of age, race, creed,
colour, national origin, religious affiliation, sex, sexual orientation, family
status, mental or physical disability, membership or activity in the union,
marital status or a conviction for which a pardon has been granted.
Definition
44.01 Part-time officer means a person whose normal
hours of work are less than those established in the Hours of Work Article of
this Agreement, but not less than those prescribed in the Public Service
Labour Relations Act.
General
44.02 Part-time officers shall be entitled to the
benefits provided under this Agreement in the same proportion as their normal
weekly hours of work compare with the normal weekly hours of work, specified by
this Agreement, of full-time officers unless otherwise specified in this
Agreement.
44.03 Part-time officers shall be paid at the
straight-time rate of pay for all work performed up to the normal daily or
weekly hours specified by this Agreement for a full-time officer.
44.04 The days of rest provisions of this agreement
apply only in a week when a part-time officer has worked five (5) days and the
weekly hours specified by this Agreement.
44.05 Leave will only be provided:
(a) during those periods in which officers are scheduled to
perform their duties;
or
(b) where it may displace other leave as prescribed by this
Agreement.
Designated Holidays
44.06 A part-time officer shall not be paid for the
designated holidays but shall, instead be paid four decimal two five per cent
(4.25%) for all straight-time hours worked.
44.07 When a part-time officer is required to work on
a day which is prescribed as a designated paid holiday for a full-time officer
in clause 20.01 of this Agreement, the officer shall be paid at time and
one-half (1 1/2) of the straight-time rate of pay for all hours worked up to the
regular daily scheduled hours of work as specified by this Agreement and double
time (2) thereafter.
44.08 A part-time officer who reports for work as
directed on a day which is prescribed as a designated paid holiday for a
full-time officer in clause 20.01 of this agreement, shall be paid for the time
actually worked in accordance with clause 44.07, or a minimum of four (4) hours
pay at the straight-time rate, whichever is greater.
Overtime
44.09 Overtime means authorized work performed in
excess of the normal daily or weekly hours of work, specified by this Agreement,
of a full-time officer, but does not include time worked on a holiday.
44.10 Subject to 44.09 a part-time officer who is
required to work overtime shall be paid overtime as specified by this Agreement.
Call-Back
44.11 When a part-time officer meets the requirements
to receive call-back pay in accordance with clause 24.01 and is entitled to
receive the minimum payment rather than pay for actual time worked, the
part-time officer shall be paid a minimum payment of four (4) hours pay at the
straight-time rate.
Reporting Pay
44.12 Subject to 44.04, when a part-time officer
meets the requirements to receive reporting pay on a day of rest, in accordance
with clause 25.01 of this Agreement, and is entitled to receive a minimum
payment rather than pay for actual time worked, the part-time officer shall be
paid a minimum payment of four (4) hours pay at the straight-time rate of pay.
Bereavement Leave
44.13 Notwithstanding clause 44.02, there shall be no
prorating of a "day" in clause 19.02 - Bereavement Leave With Pay.
Vacation Leave
44.14 A part-time officer shall earn vacation leave
credits for each month in which the officer receives pay for at least twice (2)
the number of hours in the officer's normal workweek, at the rate for years of
service established in the vacation leave entitlement clause 29.02 specified by
this Agreement, prorated and calculated as follows:
(a) when the entitlement is six decimal two five (6.25) hours in
a month, .166 multiplied by the number of hours in the officer's workweek per
month;
(b) when the entitlement is nine decimal three seven five
(9.375) hours in a month, .250 multiplied by the number of hours in the
officer's workweek per month;
(c) when the entitlement is twelve decimal five (12.5) hours in
a month, .333 multiplied by the number of hours in the officer's workweek per
month;
(d) when the entitlement is thirteen decimal seventy-five
(13.75) hours in a month, .367 multiplied by the number of hours in the
officer's workweek per month;
(e) when the entitlement is fourteen decimal three seven five
(14.375) hours in a month, .383 multiplied by the number of hours in the
officer's workweek per month;
(f) when the entitlement is fifteen decimal six two five
(15.625) hours in a month, .416 multiplied by the number of hours in the
officer's workweek per month;
(g) when the entitlement is sixteen decimal eight seven five
(16.875) hours in a month, .450 multiplied by the number of hours in the
officer's workweek per month;
(h) when the entitlement is eighteen decimal seven five (18.75)
hours in a month, .500 multiplied by the number of hours in the officer's
workweek per month.
Sick Leave
44.15 A part-time officer shall earn sick leave
credits at the rate of one-quarter (1/4) of the number of hours in an officer's
normal workweek for each calendar month in which the officer has received pay
for at least twice (2) the number of hours in the officer's normal workweek.
44.16 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 44.14 and
44.15, where an officer does not work the same number of hours each week, the
normal workweek shall be the weekly average of the hours worked at the
straight-time rate calculated on a monthly basis.
(b) An officer 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 officer.
Severance Pay
44.17 Notwithstanding the provisions of Article 27,
Severance Pay, of this Agreement, where the period of continuous employment in
respect of which severance benefit is to be paid consists of both full- and
part-time employment or varying levels of part-time employment, the benefit
shall be calculated as follows: the period of continuous employment eligible for
severance pay shall be established and the part-time portions shall be
consolidated to equivalent full-time. The equivalent full-time period in years
shall be multiplied by the full-time weekly pay rate for the appropriate group
and level to produce the severance pay benefit.
45.01 It is recognized that certain full-time
indeterminate officers whose hours of work are regularly scheduled on a shift
basis in accordance with clause 21.03 or Appendix "E" of this
Agreement and who receive Shift Premium in accordance with clause 23.0l, are
required to attend certain proceedings under this collective agreement as
identified in clause 45.01(a) and certain other proceedings identified in clause
45.01(b) of this Article which normally take place between the hours of 9 a.m.
to 5 p.m. from Monday to Friday inclusive.
When such an officer is scheduled to work on the day of that
proceeding and when the proceeding is not scheduled during the officer's
scheduled shift for that day and when the majority of the hours of the officer's
scheduled shift on that day do not fall between the hours of 9 a.m. to 5 p.m.
upon written application by the officer, the Employer shall endeavour, where
possible, to change the officer's shift on the day of the proceeding so that the
majority of the hours fall between 9 a.m. to 5 p.m. provided that operational
requirements are met, there is no increase in cost to the Employer and
sufficient advance notice is given by the officer.
(a) Certain Proceedings Under this Agreement
(i) PSSRB Proceedings
Clauses 18.01, 18.02, 18.04, 18.05 and 18.06
(ii) Personnel Section Process
Clause 19.04
(iii) Contract Negotiation and Preparatory Contract
Negotiation Meetings
Clauses 18.10 and 18.11
(iv) Safety and Health Committees
Clause 33.01
(b) Certain Other Proceedings
Training courses which the officer is required to attend by the
Employer.
46.01 Unless otherwise expressly stipulated, the
provisions of this Agreement shall become effective on the date it is signed.
**
46.02 This Agreement shall expire on April 30, 2007.
SIGNED AT OTTAWA, this 9th day of the month of June
2005.
THE TREASURY BOARD OF
CANADA |
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CAW LOCAL 2182 |
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