**
8.01 The Employer acknowledges the right of the Union to
appoint or otherwise select employees as representatives.
**
8.02 The Union and the Employer shall endeavour in
consultation to determine the jurisdiction of each representative, having regard
to the plan of organization, the number and distribution of employees at the
work place and the administrative structure implied by the grievance procedure.
Where the parties are unable to agree in consultation, then any dispute shall be
resolved by the grievance/adjudication procedure.
**
8.03 The Union and each Local Union transmits to the
Employer, in writing, the names and titles of its appointed delegates, in
accordance with clause 8.02.
8.04
(a) A representative shall obtain the permission of his or her immediate
supervisor before leaving his or her work to investigate employee complaints of
an urgent nature, to meet with local management for the purpose of dealing with
grievances and to attend meetings called by management. Such permission shall
not be unreasonably withheld. Where practicable, the representative shall report
back to his or her supervisor before resuming his or her normal duties.
**
(b) Where practicable, when management requests the presence of an Union
representative at a meeting, such request will be communicated to the employee's
supervisor.
**
(c) An employee shall not suffer any loss of pay when leaving his or her work
under paragraph (a).
**
8.05 The Union shall have the opportunity to have an
employee representative introduced to new employees as part of the Employer's
formal orientation programs, where they exist.
**
8.06
(a) On written notice given at least ten (10) days in advance to the
institutional warden, an employee designated by the Union shall obtain leave
without pay to participate in union activities, which are defined in Articles 8
and 14.
(b) The employee who has thus received authorization shall be paid by the
Employer. The Union will then reimburse the Correctional Service of Canada (CSC)
by sending the latter the actual gross salary paid with regard to each
person-day; in addition, the Union shall also pay to the Correctional Service of
Canada (CSC) an amount equal to fifteen per cent (15%) of the actual gross
salary paid for each person-day, which sum represents the Employer's
contribution for the benefits the employee acquired at work.
(c) The Union shall reimburse the Correctional Service of Canada (CSC) for
the amount indicated on the invoice that is sent to them. The invoice statement
shall include the amount of the gross salary and the number of days pertaining
to each employee; this statement must also indicate the calculations of the
amount equal to the fifteen per cent (15%) mentioned above.
(d) The Union agrees to reimburse the Correctional Service of Canada (CSC)
for the amount appearing on the invoice within ninety (90) days following the
invoice date.
**
8.07 An employee who is elected or appointed to union duties
in the Union, the CSN or one of its affiliated organizations shall, within
thirty (30) days of a written request to this end, obtain leave without pay for
the duration of his or her mandate(s).
At the end of such leave without pay or at any time during such leave, the
employee may, on thirty (30) days' notice, return to the position that he or she
held when he or she went on leave or an equivalent post if the employee's return
to the institution occurs within one year.
However, should the employee return after more than one year of leave to
participate in union duties, they shall return in a equivalent post to the post
worked immediately before the leave without pay situation to their former
institution or another institution as agreed upon between the Correctional
Service of Canada (CSC) and the employee.
**
9.01
(a) Bulletin boards
Reasonable space on bulletin boards, including electronic bulletin boards
where available, will be made available to the Union for the posting of official
Union notices. The Union shall endeavour not to post notices which the Employer,
acting reasonably, could consider adverse to its interests or to the interests
of any of its representatives. The Union shall provide by hand an advance paper
copy of the documents to be posted to the Warden or his or her delegate, except
notices related to the business affairs of the Union, including the names of
Union representatives, and social and recreational events. At the Warden's or
his or her delegate's request, the Union must withdraw immediately any document
the Warden or his or her delegate considers adverse to the interests of the
Employer or to the interests of any of its representatives.
(b) Correctional Service of Canada (CSC)'s electronic network
The Correctional Service of Canada (CSC) shall allow the Union to use the
Correctional Service of Canada (CSC)'s electronic network to distribute
information to the members of the Union pursuant to sub-paragraphs 9.01(b)(i),
(ii) and (iii);
(i) The Union shall endeavour to avoid requests for distributing information
which the Employer, acting reasonably, could consider adverse to its interests
or to the interests of any of its representatives. Distribution of information
shall require the prior approval of the Correctional Service of Canada (CSC).
(ii) Such approval shall be requested from the Warden or his or her delegate
at the local level, from the Regional Deputy Commissioner or his or her delegate
at the regional level and from the Director General of Labour Relations or his
or her delegate at the national level; it shall not be unreasonably withheld.
(iii) The Correctional Service of Canada (CSC) will transmit the approved
information via its electronic network within two working days (not counting
Saturdays, Sundays and Designated Paid Holidays). The person responsible for the
approval will ensure the distribution of the information.
(c) The Correctional Service of Canada (CSC) ensures a hyperlink to the
Union's website from its intranet (infonet).
**
9.02
(a) In Institutions where the local union has been provided with an office
for its exclusive use, the Correctional Service of Canada (CSC) commits, for the
duration of this agreement, to continue providing an office for the exclusive
use of the local union as long as the institution remains open.
(b) As for institutions where there is no office for the exclusive use of the
local union or where there is simply no office for the local union, the
management of the institution and the representatives of the local union will
meet to try to find, if possible, a location within the institution that could
be used as an office for the local union. The Warden or his or her delegate will
make all reasonable efforts to ensure an office is made available to the local
union in the institution.
(c) The management of the institution will provide, at no cost to the union,
for each office made available to the local union, a desk, chairs, a phone and a
phone line. Where the Union chooses to proceed with the installation of a direct
line it will be responsible for all installation and user costs. In all
instances, long distance costs are at the expense of the Union.
**
9.03
(a) Any representative from outside the local (elected officer or union staff
representative) can have access to an institution of the Correctional Service of
Canada (CSC) for the purpose of resolving a complaint or a grievance, attending
a meeting with management, meeting with a member of the local union or attending
a general assembly of the local union, providing a notice indicating who's
coming into the institution, for which purpose and when the meeting will be
taking place is given to the Warden or his or her delegate, one (1) day in
advance if possible.
(b) Notwithstanding paragraph 9.03(a) the Warden or his or her delegate
retains the right to deny access at any time or restrict access to areas of the
institution to protect the security of the institution or the safety of persons.
Permission to enter the institution will not be unreasonably withheld.
**
9.04 The Union shall provide the Correctional Service of
Canada (CSC) a list of such Union representatives and shall advise promptly of
any change made to the list.
**
9.05
(a) The Union can hold general meetings of the local on the premises of
institutions. The location, date and duration of such meetings shall be agreed
upon with the Warden or his or her delegate, if possible seven (7) days before
said meeting is held.
(b) The present clause does not grant employees on duty the right to leave
their assigned posts to attend such a meeting nor does it allow employees from
other institutions than where the meeting is held, suspended employees or
employees who cannot enter the institutions for medical reasons to enter the
institution when such a meeting is held.
(c) Once the Union has the right to strike, it cannot hold meetings in the
institution or on the institutional reserve.
**
10.01 Subject to the provisions of this article, the
Employer will, as a condition of employment, deduct the amount of union dues set
by the Union from the pay of each employee in the bargaining unit. Where an
employee does not have sufficient earnings in respect of any pay period to
permit deductions made under this article, the Employer shall not be obligated
to make such deduction from subsequent salary.
**
10.02 The Union shall inform the Employer in writing of the
amount of union dues to be collected for each employee as well as any subsequent
changes. The Employer will implement subsequent changes within ninety (90) days
of receiving notice of such change.
10.03 For the purpose of applying clause 10.01, deductions
from pay for each employee will start with the first (1st) full
calendar month of employment to the extent that earnings are available.
10.04 An employee who satisfies the Employer to the extent
that he or she declares in an affidavit that he or she is a member of a
religious organization whose doctrine prevents him or her as a matter of
conscience from making financial contributions to an employee organization and
that he or she 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.
**
10.05 No employee organization, as defined in Section 2 of
the Public Service Labour Relations Act, other than the Union, shall be
permitted to have membership dues and/or other monies deducted by the Employer
from the pay of employees in the bargaining unit.
**
10.06 The amounts deducted in accordance with clause 10.01
shall be remitted to the National President of the Union by cheque within a
reasonable period of time after deductions are made. Each monthly remittance
shall be accompanied by a list on paper and in computer-file format indicating
the following information:
(a) Employee's name;
(b) Name or code of the institution;
(c) Employee's classification (CX-1 or CX-2);
(d) Gross earning for the pay period;
(e) Union dues deducted;
(f) Cumulative amount of union dues;
and, by a list on paper only indicating:
(g) Date of termination of employment or reason for lack of check-off;
(h) Date of transfer to another bargaining unit.
10.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
**
The Union 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 limited
to the amount actually involved in the error.
**
10.09 In each income tax year, the Employer agrees to
provide each employee with the total amount of union dues deducted on statements
of income for income tax purposes in conformity with the Income Tax Act.
**
10.10
(a) When an employee accepts a position outside the bargaining unit, for a
period of more than seven (7) consecutive days, the employer shall, in the next
thirty (30) days stop checking off union dues. If the employer is unable to
cease checking off union dues for the above-mentioned time period, the Union is
to be notified. Afterwards, the Union shall receive from the Employer,
information relative to the refunding of the union dues that have been overpaid
on a form agreed upon by both parties. The refund of the overpaid union dues is
to be carried out according to the method agreed upon by both parties.
(b) Once an employee returns to the bargaining unit, the Employer shall check
off union dues within thirty (30) days of the employee's return. If the checking
off of dues does not take place in the above-mentioned time period, the Union is
to be notified. Afterwards, the Employer shall ensure that the Union receives
the union dues that it is owed. Furthermore, the union dues arrears for this
employee shall be recovered by the Employer in a way agreed upon by both
parties.
**
10.11 By the fifth (5th) working day of each
month, the Warden will provide the local union with the following information in
writing:
(a) the name of each employee who, during the previous month, obtained an
acting assignment within the institution for more than seven (7) consecutive
days along with the title and the number of the position obtained;
(b) the name of each employee whose acting assignment within the institution
has been extended during the previous month, along with the title and the number
of the position;
(c) the name of any employee who, during the previous month, returned to
their position following the end of an acting assignment of more than seven (7)
consecutive days.
**
11.01 The Employer agrees to supply the Union each month
with the name, geographic location and classification of each new employee.
**
11.02 The Employer agrees to supply each employee with a
copy of the collective agreement in booklet format and makes an effort to do so
within one (1) month after receipt from the printer.
12.01 If employees are prevented from performing their
duties because of a strike or lock-out on the premises of a provincial,
municipal, commercial or industrial 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.
13.01 Unless otherwise specified by the Employer as being in
an area that could represent a conflict of interest, employees shall not be
restricted in engaging in other employment outside the hours they are required
to work for the Employer.
**
Complaints made to the Public Service Labour Relations Board Pursuant to
Section 190(1) of the Public Service Labour Relations Act
**
14.01 As long as the employee requests it in writing at
least ten (10) calendar days in advance, in cases of complaints made to the
Public Service Labour Relations Board pursuant to section 190(1) of the Public
Service Labour Relations Act alleging a breach of sections 157, 186(1)(a),
186(1)(b), 186(2), 187, 188(a) or 189(1), of the Public Service Labour
Relations Act, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf, before the
Public Service Labour Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or
who acts on behalf of the Union making a complaint.
14.02 When operational requirements permit, the Employer
will grant leave without pay:
**
(a) to an employee who represents the Union in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
**
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Labour Relations
Board,
and
(b) when operational requirements permit, to an employee called as a witness
by an employee or the Union.
**
Arbitration Board Hearings, Public Interest Commission Hearings and
Alternate Dispute Resolution Process
**
14.04 When operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees representing the
Union before an Arbitration Board, Public Interest Commission or in an Alternate
Dispute Resolution Process.
**
14.05 The Employer will grant leave with pay to an employee
called as a witness by an Arbitration Board, Public Interest Commission or in an
Alternate Dispute Resolution Process and, when operational requirements permit,
leave with pay to an employee called as a witness by the Union.
**
14.06 As long as the employee requests it in writing at
least ten (10) calendar days in advance, the Employer will grant leave with pay
to an employee:
(a) who is a party to the adjudication,
(b) who is identified in writing as the representative of an employee who is
a party to an adjudication,
and
(c) who is a witness called by an employee who is a party to an adjudication.
However, in cases where more than one employee are called as witnesses, the
Employer will grant leave with pay in accordance with the scheduled appearance
of witnesses agreed to by the parties.
Meetings During the
Grievance Process
**
14.07 Where an employee representative wishes to discuss a
grievance with an employee who has asked or is obliged to be represented by the
Union in relation to the presentation of his or her grievance, the Employer
will, where operational requirements permit, give them reasonable leave with pay
for this purpose when the discussion takes place in their headquarters area and
reasonable leave without pay when it takes place outside their headquarters
area.
14.08
(a) when the Employer originates a meeting with a grievor in his or her
headquarters area, he or she will be granted leave with pay and "on
duty" status when the meeting is held outside the grievor's headquarters
area,
and
**
(b) subject to operational requirements, when a grievor seeks to meet with
the Employer, he or she will be granted leave with pay when the meeting is held
in his or her headquarters area and leave without pay when the meeting is held
outside his or her headquarters area,
**
(c) subject to operational requirements, when an employee representative
attends a meeting referred to in this clause, he or she will be granted leave
with pay when the meeting is held in his or her headquarters area and leave
without pay when the meeting is held outside his or her headquarters area.
**
14.09 The Employer shall grant a leave without pay to
employees who attend contract bargaining sessions on the Union's behalf.
**
14.10 Provided that a written request is made at least ten
(10) days in advance, the Employer will grant leave without pay to twenty (20)
employees to attend preparatory meetings for the negotiation of the collective
agreement.
**
Meetings Between the Union and Management Not Otherwise Specified in this
Article
**
14.11 When operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees who are meeting
with management on behalf of the Union.
**
Participation in Union meetings
14.12
(a) Provided that a written request is made, at least thirty (30) days in
advance, the Employer grants leave without pay to thirty (30) employees chosen
by the Union so they can attend the CSN convention, as well as to thirty (30)
employees to attend the convention of the federation to which the Union is
affiliated, and if necessary, to two (2) employees per local to participate in
the central council's convention.
(b) Provided that a written request is made, at least ten (10) days in
advance, the Employer shall grant leave without pay to members of the regional
executive committee to attend regional executive committee meetings.
These meetings are usually held once a month.
When a Regional Executive meeting is held, a member of the Regional Executive
informs the Regional Deputy Commissioner normally ten (10) days in advance of
the date on which the Regional Executive meeting is held and of the names of its
participants.
(c) Provided that a written request is made, at least ten (10) days in
advance, the Employer shall grant leave without pay to members of the executive
committee of the local to attend local executive committee meetings.
These meetings are usually held once a month.
When a Local Executive meeting is held, a member of the Local Executive
informs the Warden of the institution at least ten (10) days in advance of the
date on which the Local Executive meeting is held and of the names of its
participants.
(d) Provided that a written request is made, at least thirty (30) days in
advance, the Employer grants leave without pay to employees chosen by the Union,
so they can attend the Union's national general assembly.
(e) Provided that a written request is made to the institutional Warden, at
least ten (10) days in advance, the Employer grants leave without pay to a Union
Officer who participates in a union activity other than the afore-mentioned
activities. For example, these activities are: meetings with the Union Advisor
and participation in various union committees such as the status of women,
health and safety and grievance committees. This leave is granted unless there
is an exceptional situation. For example: during an escape or an escape attempt,
a riot, hostage taking, a major disturbance or crisis situation. Furthermore, if
the leave request has not been made at least ten (10) days in advance, this
request may be refused if it creates overtime costs.
It is furthermore agreed that this paragraph shall not be used as a pressure
tactic against the Employer.
Representatives'
Training Courses
**
14.13 As long as the employee requests it in writing at
least ten (10) calendar days in advance, the Employer will grant leave without
pay to a reasonable number of employees chosen by the Union to attend Union
training sessions.
**
15.01 The Public Service Labour Relations Act
provides penalties for engaging in illegal strikes. Disciplinary action may also
be taken, which will include penalties up to and including termination of
employment pursuant to paragraph 12(1)(c) of the Financial Administration
Act, for participation in an illegal strike as defined in the Public
Service Labour Relations Act.
16.01 Subject to the willingness and capacity of individual
employees to accept relocation and retraining, the Employer will make every
reasonable effort to ensure that any reduction in the work force will be
accomplished through attrition.
**
17.01 When an employee is suspended from duty or terminated
in accordance with paragraph 12(1)(c), (d) or (e) of the Financial
Administration Act, the Employer undertakes to notify the employee in
writing of the reason for such suspension or termination. The Employer shall
endeavour to give such notification at the time of suspension or termination.
**
17.02 When an employee is required to attend a meeting, the
purpose of which is to conduct a disciplinary hearing concerning him or her or
to render a disciplinary decision concerning him or her, the employee is
entitled to have, at his or her request, a representative of the Union attend
the meeting. Where practicable, the employee shall receive a minimum of two (2)
days notice of such a meeting.
17.03 At any administrative inquiry, hearing or
investigation conducted by the Employer, where the actions of an employee may
have had a bearing on the events or circumstances leading thereto, and the
employee is required to appear at the administrative enquiry, hearing or
investigation being conducted, he or she may be accompanied by an employee
representative. The unavailability of the representative will not delay the
inquiry, hearing or investigation more than forty-eight (48) hours from the time
of notificationto the employee.
**
17.04 The Employer shall notify the local representative of
the Union as soon as possible that such suspension, termination or financial
penalty has occurred. Where a verbal or written reprimand has occurred, the
Employer shall notify the local representative of the Union at the request of
the employee.
17.05 When notification in writing is given to an employee
that he or she is the subject of a disciplinary investigation, the employee
shall be provided concurrently with a copy of the order convening the
investigation.
**
17.06 Upon request, the Employer or the employee shall be
provided the opportunity to tape record the interview.
17.07 Subject to the Access to Information and Privacy
Act, the Employer shall provide the employee access to the information used
during the disciplinary investigation.
17.08 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document from the file of an
employee the content of which the employee was not aware of at the time of
filing or within a reasonable period thereafter.
17.09 Any document or written statement related to
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.
**
18.01 The Employer shall make reasonable provisions for the
occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Union, 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.
19.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and are prepared to enter into discussion aimed
at the development and introduction of appropriate machinery for the purpose of
providing joint consultation on matters of common interest.
**
19.02 Within five (5) days of notification of consultation
served by either party, the Union shall notify the Employer in writing of the
representatives authorized to act on behalf of the Union for consultation
purposes.
19.03 Upon request of either party, the parties to this
agreement shall consult meaningfully at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
agreement.
**
19.04 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 the provisions of collective agreements, the subjects that may be
determined as appropriate for joint consultation will be by agreement of the
parties.
**
20.01 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 15 of the NJC By-Laws.
**
20.02 Subject to and as provided in Section 208 of the Public
Service Labour Relations Act, an employee who feels that he or she has been
treated unjustly or considers himself or herself 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 20.05 except that:
(a) where there is another administrative procedure provided by or under any
Act of Parliament to deal with the employee's specific complaint, such procedure
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Agreement or an arbitral award, the employee is not entitled to present the
grievance unless he or she has the approval of and is represented by the Union.
20.03 Except as otherwise provided in this Agreement, a
grievance shall be processed by recourse to the following levels:
(a) level 1 - first (1st) level of management;
(b) level 2 - intermediate level;
(c) final level - Deputy Head or Deputy Head's authorized representative.
**
20.04 The Employer shall designate a representative at each
level in the grievance procedure and shall inform each employee to whom the
procedure applies of the name or title of the person so designated together with
the name or title and address of the immediate supervisor or local
officer-in-charge to whom a grievance is to be presented. This information shall
be communicated to employees by means of notices posted by the Employer in
places where such notices are most likely to come to the attention of the
employees to whom the grievance procedure applies, or otherwise as determined by
agreement between the Employer and the Union.
20.05 An employee who wishes to present a grievance at a
prescribed level in the grievance procedure shall transmit this grievance to his
or her immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to
deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the
grievance was received by him or her.
20.06 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 or her 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.
20.07 A grievance of an employee shall not be deemed to be
invalid by reason only that it is not in accordance with the form supplied by
the Employer.
**
20.08 An employee may be assisted and/or represented by the
Union when presenting a grievance at any level.
**
20.09 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.
20.10 An employee may present a grievance to the First (1st)
Level of the procedure in the manner prescribed in clause 20.05 not later than
the twenty-fifth (25th) day after the date on which he or she is
notified orally or in writing or on which he or she first becomes aware of the
action or circumstances giving rise to the grievance.
20.11 The Employer shall normally reply to an employee'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 employee, he or she
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
or her in writing.
20.12 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 employee may, within the next ten (10) days, submit the grievance at
the next higher level of the grievance procedure.
20.13 The Employer shall normally reply to an employee's
grievance at the final level of the grievance procedure within thirty (30) days
after the grievance is presented at that level.
**
20.14 Where an employee has been represented by the Union in
the presentation of his or her 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 employee.
20.15 The decision given by the Employer at the Final Level
in the grievance procedure shall be final and binding upon the employee unless
the grievance is a class of grievance that may be referred to adjudication.
20.16 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.
**
20.17 The time limits stipulated in this procedure may be
extended by mutual agreement between the Employer and the employee and, where
appropriate, the Union representative.
**
20.18 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 the levels, except the final level may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Union.
**
20.19 Where the Employer demotes or terminates an employee
for cause pursuant to paragraph 12(1)(c), (d) or (e) of theFinancial
Administration Act, the grievance procedure set forth in this Agreement
shall apply except that the grievance shall be presented at the final level
only.
20.20 An employee may abandon a grievance by written notice
to his or her immediate supervisor or officer-in-charge.
20.21 An employee who fails to present a grievance to the
next higher level within the prescribed time limits shall be deemed to have
abandoned the grievance, unless the employee was unable to comply with the
prescribed time limits due to circumstances beyond his or her control.
20.22 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 employee to abandon his or her grievance or
refrain from exercising his or her right to present a grievance as provided in
this Agreement.
20.23 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 him or her of a provision
of this Agreement or a related arbitral award,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
**
(c) termination of employment or demotion pursuant to paragraph 12(1)(c), (d)
or (e) of the Financial Administration Act,
**
and the employee's grievance has not been dealt with to his or her
satisfaction, he or she may refer the grievance to adjudication in accordance
with the provisions of the Public Service Labour Relations Act and Regulations.
20.24 Where a grievance that may be presented by an employee
to adjudication is a grievance relating to the interpretation or application in
respect of him or her of a provision of this Agreement or an arbitral award, the
employee is not entitled to refer the grievance to adjudication unless the
Bargaining Agent signifies in the 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.
**
Power of the Adjudicator
20.25 As specified in paragraph 226(1)(i) of the Public
Service Labour Relations Act, the adjudicator may, in relation to any
matter referred to adjudication, award interest in the case of grievances
involving termination, demotion, suspension or financial penalty, at a rate and
for a period that the adjudicator considers appropriate.
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