PART
V - OTHER TERMS AND CONDITIONS OF EMPLOYMENT
39.01 The terms and conditions of employment of an
employee who is subject to the Foreign Service Directives are those contained in
this Agreement, unless they are less favourable to the employee than those
contained in the Foreign Service Directives in which case the latter applies.
39.02 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 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 Schedule II of the PSSRA.
39.03 The NJC items which may be included in a
collective agreement are those items which parties to the NJC agreement 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, as amended from time
to time.
39.04 Upon request of an employee, the Employer shall
make available at a mutually satisfactory time National Joint Council Agreements
which form part of this collective agreement and which have a direct bearing on
the requesting employee's terms and conditions of employment.
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39.05
(a) The following directives, 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 Agreement:
Bilingualism Bonus Directive;
Commuting Assistance Directive;
Foreign Service Directives;
Work Force Adjustment Directive;
Public Service Health Care Plan.
Health/Safety
Boiler and Pressure Vessels Directive;
Committees and Representatives Directive;
Dangerous Substances Directive;
Electrical Directive;
Elevated Work Structures Directive;
Elevating Devices Directive;
First-Aid Allowance Directive;
First-Aid Safety and Health Directive;
Hazardous Confined Spaces Directive;
Material Handling Directive;
Motor Vehicle Operations Directive;
Noise Control and Hearing Conservation Directive;
Personal Protective Equipment and Clothing Directive;
Pesticides Directive;
Refusal to Work Directive;
Sanitation Directive;
Tools and Machinery Directive;
Use and Occupancy of Buildings Directive;
Isolated Posts Directive;
Living Accommodation Charges Directive;
Relocation Directive;
Travel Directive;
Uniforms Directive.
Isolated Posts Directive;
Living Accommodation Charges Directive;
Relocation Directive;
Travel Directive;
Uniforms Directive.
(b) During the term of this Agreement, other directives may be
added to the above noted list.
39.06 Grievances in regard to the above directives
shall be filed in accordance with clause 8.01 of the Article on grievance
procedure in this Agreement.
40.01 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
Association.
40.02
(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 (a) a level in the grievance
procedure is waived, no other level shall be waived except by mutual agreement.
40.03 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.
41.01 The Association 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.
41.02
(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 (a) a level in the grievance
procedure is waived, no other level shall be waived except by mutual agreement.
41.03 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.
42.01 For the purpose of this Article,
(a) a formal assessment and/or appraisal of an employee's
performance means a written assessment and/or appraisal by the supervisor of how
well the employee has performed the employee's assigned tasks during a specified
period in the past;
(b) formal assessment and/or appraisals of employee performance
shall be recorded in a form prescribed by the Employer for this purpose.
42.02 Prior to an employee performance review the
following shall be made available to the employee:
(a) the evaluation form which will be used for the review;
(b) any written document which provides instructions to the
person conducting the review;
(c) if, during the employee performance review, either the form
or instructions have changed they shall be given to the employee.
42.03
(a) At the beginning of an employee's assignment and annually
thereafter, the manager in consultation with the employee, will establish the
employee's objectives for the year.
(b) If during an employee's assignment a concern arises with
respect to the employee's performance, the Employer will bring those concerns to
the attention of the employee in a timely manner. Except in cases of adverse
impact on Canadian's interests abroad, the employee shall be given a reasonable
opportunity to bring the performance up to the performance standard.
42.04
(a) When a formal assessment of an employee's performance is
made, the employee concerned must be given an opportunity to sign the assessment
form in question upon its completion to indicate that its contents have been
read. An employee's signature on the assessment form shall be considered to be
an indication only that its contents have been read and shall not indicate the
employee's concurrence with the statements contained on the form.
The employee shall be provided with a copy of the assessment at
the time that the assessment is signed by the employee.
(b) The Employer's representative(s) who assesses an employee's
performance must have observed or been aware of the employee's performance for
at least one-half (1/2) of the period for which the employee's performance is
evaluated.
(c) When an employee disagrees with the assessment and/or the
appraisal of his work, he shall have the right to present written counter
arguments to the manager(s) or committee(s) responsible for the assessment
and/or appraisal. An employee has the right to make written comments to be
attached to the performance review form.
42.05 Upon written request of an employee, the
personnel file of that employee shall be made available once per year for the
employee's examination in the presence of an authorized representative of the
Employer.
43.01 The Employer shall reimburse an employee for
his payment of membership or other fees to a professional organization or
organizations when the payment of such fees is necessary to maintain a
professional qualification required by the Employer for the performance of any
duties and/or responsibilities assigned.
44.01 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.
45.01 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.
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