7.01 The Employer recognizes the National Automobile,
Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) as
the exclusive bargaining agent for all employees in the bargaining unit as
defined in the certificate issued by the former Public Service Staff Relations
Board on the twenty-eight (28th) day of November, 1967, amended on
the seventh (7th) day of June, 1999 and amended again on the
twenty-sixth (26th) day of August, 2005.
7.02 The Union shall notify the Employer promptly and in
writing of the names of its representatives, the respective dates of their
appointment and the names, if any, of those representatives who are being
replaced or discontinued.
7.03 The Employer acknowledges the right of the Union to
appoint employees as Stewards. The Union and Employer jointly shall determine
the jurisdiction of the Steward having regard to the plan of organization, the
disbursement of employees at the work place, and the administrative structure
implied in the grievance procedure.
7.04 The Union recognizes that employees who are
representatives of the Union have regular duties to perform in connection with
their work for the Employer.
7.05 A Steward shall obtain the permission of his or her
immediate supervisor before leaving his or her work to investigate complaints or
grievances of an urgent nature, to meet with local management for the purpose of
dealing with these matters and to attend meetings called by management. Such
permission shall not be unreasonably withheld. The Steward shall report back to
his or her supervisor before resuming his or her normal duties.
8.01 Subject to the provisions of this Article, the Employer
will, as a condition of employment, deduct Union membership dues from the
monthly pay of all employees in the bargaining unit.
8.02 The provisions of clause 8.01 will be applied effective
the first (1st) of the month following the signing of this Agreement
and the deductions from the pay for each employee in respect of each month will
start with the first (1st) full month of employment. Where an
employee does not have sufficient earnings in respect of any month to permit
deduction the Employer shall not be obliged to make such deduction from
subsequent salary.
8.03 The amounts deducted in accordance with clause 8.01
shall be remitted by cheque to the National Secretary-Treasurer of the Union
within a reasonable period of time after deductions are made and shall be
accompanied by particulars identifying each employee and the amount of the
deduction made on behalf of each employee.
8.04 The Employer shall provide a voluntary revocable
check-off of premiums payable on health and sickness, and life insurance plans
provided by the Union for its members on the basis of production of appropriate
documentation, provided that the amounts so deducted are combined with Union
dues in a single monthly deduction.
8.05 The Union agrees to indemnify and save the Employer
harmless against any claim or liability arising out of the application of this
Article.
8.06 If a general revision in the amount of membership dues
is to be made during the term of the Agreement, the Union agrees to notify the
Employer in writing at least sixty (60) days prior to the effective date of such
revision.
8.07 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.
8.08 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.
9.01 Employee complaints or grievances will be dealt with in
accordance with the procedure set forth in this Article.
9.02 Definitions
(a) Days - All "days" referred to in this
procedure are calendar days exclusive of Saturdays, Sundays and designated
holidays.
(b) Immediate Supervisor - The "immediate
supervisor" is the supervisor who has been specified by the Department to
deal with a complaint from employees in his or her work area, and to receive
written grievances and process them to the appropriate step in the procedure.
(c) Management Representative - The "management
representative" is the officer identified by the Employer as an authorized
representative whose decision constitutes a step in the grievance procedure.
9.03 Right to Present Grievances
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 which are dealt within the
classification grievance process is entitled to present a grievance in
accordance with the procedure provided by this Article except that:
(a) where there is another administrative procedure provided in or under any
Act of Parliament to deal with an employee's specific complaint such procedures
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Collective Agreement or an arbitral award relating thereto the employee is not
entitled to present the grievance unless the employee has the approval of and is
represented by the Union.
A grievance must be presented not later than twenty-five (25) days from the
day on which the employee was notified or informed of the decision or
circumstance that is the subject of his or her grievance.
9.04 Representation
An employee may be assisted and/or represented by an authorized
representative of the Union when presenting a grievance at any step. Such
representative may meet with the Employer to discuss a grievance at each or any
step of the grievance procedure.
9.05 Procedure
Complaints - An employee who has a complaint should attempt
to resolve the same through discussion with his or her immediate supervisor.
9.06 Step One
An employee may present his or her grievance in writing to his or her
immediate supervisor within the twenty-five (25) day period referred to in
clause 9.03 above. The immediate supervisor shall sign the form indicating the
time and date received. A receipted copy will be returned to the employee and a
copy forwarded to the management representative authorized to make a decision at
Step One. The management representative shall give the decision as quickly as
possible and not later than fifteen (15) days after the day on which the
grievance was presented. The decision will be in writing and a copy will be
returned, through the immediate supervisor, to the employee.
9.07 Step Two
If a decision in Step One is not acceptable to the employee, he or she may,
not later than ten (10) days after receipt of the decision in Step One, or if no
decision was received, not later than fifteen (15) days after the last day on
which he or she was entitled to receive a decision, present the written
grievance to his or her immediate supervisor who will sign it indicating the
time and date received. A receipted copy will be returned to the employee and a
copy forwarded to the management representative authorized to make a decision at
Step Two. The management representative shall give the decision as quickly as
possible and not later than fifteen (15) days after the grievance was presented.
The decision will be in writing and the employee copy will be returned, through
the immediate supervisor, to the employee.
9.08 Step Three
If a decision in Step Two is not acceptable to the employee, he or she may,
not later than ten (10) days after receipt of the decision in Step Two, or if no
decision was received, not later than fifteen (15) days after the last day on
which he or she was entitled to receive a decision, present the written
grievance to his or her immediate supervisor who will sign it indicating the
time and the date received. A receipted copy will be returned to the employee
and a copy forwarded to the Deputy Minister or delegated representative
authorized to make a decision at Step Three. The Deputy Minister or delegated
representative shall give the decision as quickly as possible and not later than
twenty (20) days after the grievance was presented. The decision will be in
writing and the employee copy will be returned, through the immediate
supervisor, to the employee. The decision of the Deputy Minister or delegated
representative at the final step of 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.
9.09 Copy to Union
Where a grievance relates to the interpretation or application in respect of
an employee of a provision of this Collective Agreement or an arbitral award
relating thereto, or where the employee has indicated that he or she is being
represented by the Union, a copy of the reply at each step of this procedure
shall be forwarded to the authorized representative of the Union.
9.10 Demotion or Termination for Cause
A grievance resulting from the demotion or termination of an employee for
cause pursuant to sub-clause 12(1)(c), (d), or (e) of the Financial
Administration Act shall begin at the final step of the grievance
procedure. The written decision of the Deputy Minister or delegated
representative shall be given as quickly as possible and not later than thirty
(30) days after the grievance is presented.
9.11 Permission to Enter Premises or Offices
A representative of the Union other than an employee will be permitted access
to the Employer's premises to assist in the settlement of a grievance, provided
the Union has formally identified the representative in writing to the Employer
and the prior approval of the Employer has been obtained.
9.12 Adjudication of Grievances
Where an employee has presented a grievance up to and including the final
step 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 an arbitral award relating thereto,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to sub-clause 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, the employee may refer the grievance to adjudication.
9.13 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 Collective Agreement or an arbitral
award relating thereto, the employee is not entitled to refer the grievance to
adjudication unless the Union 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.
9.14 Extension of Normal Time Limit
The time limits stipulated in this procedure may be extended by mutual
agreement between the Management representative and the employee, and the Union
representative where the Union is representing the employee.
9.15 Abandonment
An employee may, by written notice to his or her immediate supervisor or
local officer-in-charge, abandon a grievance at any time during the grievance
process. If the grievance in question has been processed with the support of the
Union, the Employer will notify the Union, that the employee has abandoned the
grievance. The abandonment of a grievance shall not prejudice the position of
the Union in dealing with grievances of a similar nature.
9.16 Where an employee fails to present a grievance to the
next higher step within the prescribed time limits the employee shall be deemed
to have abandoned the grievance.
9.17 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 NJC parties have endorsed, the grievance procedure will be in
accordance with Part 14 of the NJC By-Laws.
10.01 An employee shall be notified in writing of any
disciplinary action, except an oral warning, taken against the employee by the
Employer within a reasonable period of that action having been taken.
10.02 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document from the file of an
employee, the existence of which the employee was not aware at the time of
filing or within a reasonable period thereafter.
10.03 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. The employee
shall be notified orally when such notice has been destroyed.
10.04 Where any disciplinary notice is placed on an
employee's personnel file, a copy of such letter or note must be presented to
the employee or sent by registered mail to the employee's last known address
within forty-eight (48) hours of its placement on the employee's personnel file.
11.01 Where operational requirements permit, the Employer
will grant leave without pay to an employee who has been elected to a full-time
office of the Union. The duration of such leave shall be for the period the
employee is elected to hold office.
11.02 Where operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees at any one time
to attend Union Executive Council meetings, congresses and conventions. Leave
without pay for this purpose shall be requested in writing to the Employer as
far in advance as possible of the date the leave is to commence, but normally
not less than fifteen (15) calendar days in advance. Approval of such requests
shall not unreasonably be withheld.
11.03 Public Service Labour Relations Board Hearings Pursuant to the
former Section 23 of the Public Service Staff Relations Act
(a) Where operational requirements permit, the Employer will grant to an
employee who makes a complaint leave with pay if the Public Service Labour
Relations Board decides in favour of the employee and leave without pay in all
other cases.
(b) Where operational requirements permit, the Employer will grant leave
without pay to an employee who acts on behalf of an employee making a complaint,
or who acts on behalf of the Union making a complaint.
(c) The Employer will grant leave with pay to an employee called as a witness
by the Public Service Labour Relations Board.
(d) Where operational requirements permit, the Employer will grant leave
without pay to an employee called as a witness by an employee or the Union.
11.04 Arbitration Board and Public Interest Commission Hearings
(a) Where operational requirements permit, the Employer will grant leave
without pay to an employee representing the Union before an Arbitration Board or
Public Interest Commission.
(b) The Employer will grant leave with pay to an employee called as a witness
by an Arbitration Board or Public Interest Commission, and where operational
requirements permit, leave without pay to an employee called as a witness by the
Union.
11.05 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 a party to an adjudication.
11.06 Contract Negotiations Meetings
(a) The Employer agrees to recognize and deal with a Collective Bargaining
Committee comprising a reasonable number of employees for the purposes of
negotiating collective agreements between the Employer and the Union.
(b) Where operational requirements permit, members of the Collective
Bargaining Committee will be granted leave without pay for meetings with the
Employer under sub-clause (a).
11.07 Presentation of Grievance
(a) An employee may be granted time off during working hours
to discuss a complaint or grievance provided prior permission of his or her
immediate supervisor is obtained.
(b) An employee who is a representative of the Union may, with the permission
of his or her immediate supervisor, be granted time off during working hours to
assist an employee in the presentation of a grievance. Where such assistance is
given during working hours in the representative's area of jurisdiction he or
she may be granted time off with pay, and where such assistance is given at
locations other than in the representative's area of jurisdiction, leave without
pay.
(c) Employees, and employees who are representatives of the Union, will not
be entitled to be paid when a discussion or meeting on a complaint or grievance
takes place outside their normal working hours.
11.08 Where operational requirements permit, the Employer
shall grant leave without pay to officers of the Union to attend to Union
business.
11.09 Operational requirements permitting, one (1) employee
member of the Union's National Executive or his or her appointed alternate,
formally invited by Federal Government agencies to attend joint meetings for
discussion of mutual problems, shall be granted leave with pay including
reasonable travel time required for attendance at such meetings.
12.01 The Employer may permit the Union to use the
Employer's premises outside the working hours of the employees for conducting
meetings of their members, which are not related to membership recruitment,
where refusal to grant permission would make it difficult for the Union to
convene a meeting. The Union shall insure the orderly and proper conduct of its
members who attend such meetings and agrees to be responsible for leaving
facilities in good order after use.
12.02 Reasonable space on bulletin boards will be made
available to the Union for the posting of official Union notices in convenient
locations as determined by the Employer. Notices or other material shall require
the prior approval of the Employer, except notices of meetings of their members
and elections, the names of Union representatives and social and recreational
affairs. Notices or other material pertaining to political matters or membership
recruiting, or material which may be interpreted to reflect discredit upon the
integrity or motives of the Employer, representatives of management, other
employee organizations, or individuals shall not be posted.
13.01 The Employer and the Union recognize that consultation
and communication on matters of mutual interest outside the terms of the
Collective Agreement should promote constructive and harmonious Employer-Union
relations.
13.02 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.
13.03 The Employer shall recognize a Union Committee
comprised of a reasonable number of employees for the purpose of consulting with
management.
13.04 It is recognized that a subject suggested for
discussion may not be within the authority or jurisdiction of either the
management or Union representatives. In these circumstances, 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 a subject that is
not within their authority or jurisdiction, nor shall any commitment made be
construed as to alter, amend, add to, or modify the terms of this Agreement.
13.05 Meetings with the Union Committee shall take place at
least once per calendar year, and by mutual consent, more frequently.
13.06 All meetings shall be held on the Employer's premises
at a time and for a duration determined by mutual agreement.
13.07 Full-time employees forming the continuing membership
of the Union Committee shall be protected against any loss of normal pay by
reason of attendance at such meetings with management, including reasonable
travel time where applicable. Notwithstanding clause 13.06, such meetings shall
not be held on such employees' days of rest.
13.08 A designated representative of the Union Committee and
management shall exchange written agenda for a meeting as early as possible
prior to the effective date of the meeting, but in any case normally not less
than fifteen (15) calendar days in advance.
13.09 The Employer agrees that an employee will not be
proposed as a managerial or confidential exclusion solely because the employee
may be involved in consultation with a bargaining agent certified under the Public
Service Labour Relations Act.
14.01 The Employer agrees to provide each employee with a
copy of the Collective Agreement and any amendments thereto.
14.02 The Employer agrees to provide the Union quarterly
with the names of new employees, their geographic location and classifications.
In addition, a list of changes in employees' status will be forwarded each month
to the National Office of the Union.
15.01 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 113(b) of the
PSLRA.
15.02 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 Chairperson of the Public Service Labour
Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of
Understanding which became effective December 6, 1978.
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