20.01 Upon written request, an employee shall be entitled to
a complete and current statement of the duties and responsibilities of the
employee's position, including the position's classification level, the position
rating form and an organization chart depicting the position's place in the
organization.
**
20.02 If during the terms of this agreement, a new
classification standard is established and implemented by the Employer, the
Employer shall, before applying rates of pay to the new levels resulting from
the application of the standard, negotiate with the Institute the rates of pay
and the rules affecting the pay of employees on their movement to the new
levels.
21.01 The Employer shall reimburse an employee for payment
of membership or registration fees to an organization or governing body where
membership is a requirement for the continuation of the performance of the
duties of the employee's position.
22.01 Employees whose job duties require them to dive (as
that word is hereinafter defined) shall be paid an extra allowance of fifteen
dollars ($15) per hour. The minimum allowance shall be two (2) hours per dive.
22.02 A dive is the total of any period or periods of time
during any eight (8) hour period in which an employee carries out required
underwater work with the aid of a self-contained air supply.
23.01 The Employer shall provide the employee with
immunization against communicable diseases where there is a risk of incurring
such diseases in the performance of the employee's duties.
24.01 The parties have agreed that in cases where, as a
result of technological change, the services of an employee are no longer
required beyond a specified date because of lack of work or the discontinuance
of a function, the Work Force Adjustment Agreement concluded by the parties will
apply. In all other cases, the following clauses will apply:
24.02 In this Article "Technological Change"
means:
(a) the introduction by the Employer of equipment or material of a
substantially different nature than that previously utilized which will result
in significant changes in the employment status or working conditions of
employees;
or
(b) a major change in the Employer's operation directly related to the
introduction of that equipment or material which will result in significant
changes in the employment status or working conditions of the employees.
24.03 Both parties recognize the overall advantages of
technological change and will, therefore, encourage and promote technological
change in the Employer's operations. Where technological change is to be
implemented, the Employer will seek ways and means of minimizing adverse effects
on employees which might result from such changes.
24.04 The Employer agrees to provide as much advance notice
as is practicable but, except in cases of emergency, not less than one hundred
and twenty (120) days written notice to the Institute of the introduction or
implementation of technological change.
24.05 The written notice provided for in clause 24.04 will
provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to effect
change;
(c) the location or locations involved.
24.06 As soon as reasonably practicable after notice is
given under clause 24.04, the Employer shall consult with the Institute
concerning the effects of the technological change referred to in clause 24.04
on each group of employees. Such consultation will include but not necessarily
be limited to the following:
(a) the approximate number, class and location of employees likely to be
affected by the change;
(b) the effect the change may be expected to have on working conditions or
terms and conditions of employment on employees.
24.07 When, as a result of technological change, the
Employer determines that an employee requires new skills or knowledge in order
to perform the duties of the employee's substantive position, the Employer will
make every reasonable effort to provide the necessary training during the
employee's working hours and at no cost to the employee.
25.01 The Employer shall continue to make all reasonable
provisions for the occupational safety and health of employees. The Employer
will welcome suggestions on the subject from the Institute 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 or occupational illness.
**
26.01 The Employer recognizes the Institute as the exclusive
bargaining agent for all employees described in the certificate issued by the
Public Service Labour Relations Board on August 26, 2005 covering all employees
in the Architecture, Engineering and Land Survey Group as defined in Part I of
the Canada Gazette of August 13, 2005.
**
26.02 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 Labour Relations Act.
27.01 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.
27.02 The Institute shall inform the Employer in writing of
the authorized monthly deduction to be checked off for each employee defined in
clause 27.01.
27.03 For the purpose of applying clause 27.01, deductions
from pay for each employee in respect of each month will start with the first
full month of employment to the extent that earnings are available.
27.04 An employee who satisfies the Employer to the extent
that he declares in an affidavit that he is a member of a religious organisation
whose doctrine prevents him as a matter of conscience from making financial
contributions to an employee organisation and that he will make contributions to
a charitable organisation 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 organisation involved.
**
27.05 No employee organization, as defined in Section 2 of
the Public Service Labour 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.
27.06 The amounts deducted in accordance with clause 27.01
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.
27.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
27.08 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.
27.09 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.
27.10 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.
Access by an Institute Representative
28.01 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.
Bulletin Boards
28.02 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 materials 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 it
considers adverse to its interests or to the interests of any of its
representatives.
Institute Literature
28.03 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.
29.01 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.
29.02 The Employer agrees to supply each employee with a
copy of the Collective Agreement and any amendments thereto.
29.03 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.
29.04 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. The Employer shall
have the right to refuse to distribute any information that it considers adverse
to its interests or to the interests of any of its representatives.
30.01 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.
30.02 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.
30.03 The Institute shall inform the Employer promptly and
in writing of the names of its Stewards, their jurisdiction, and of any
subsequent changes.
Leave for Stewards
30.04 Operational requirements permitting, the Employer
shall grant leave with pay to an employee to enable the employee to carry out
functions as a Steward on the Employer's premises. When the discharge of these
functions require an employee who is a Steward to leave the employee's normal
place of work, the employee shall, on returning, report to the supervisor
whenever practicable.
**
30.05 The Institute 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.
**
31.01 Public Service Labour Relations Board Hearings
Complaints Made to the Public Service Labour Relations Board Pursuant to the
former 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 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 Institute making a complaint.
31.02 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.
31.03 Employee Called as a Witness
The Employer will grant leave with pay:
**
(a) to an employee called as a witness by the Public Service Labour Relations
Board,
and
(b) where operational requirements permit, to an employee called as a witness
by an employee or the Institute.
**
31.04 Arbitration Board, Public Interest Commission 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, Public
Interest Commission or an Alternative Dispute Resolution Process.
**
31.05 Employee Called as a Witness
The Employer will grant leave with pay to an employee called as a witness by
an Arbitration Board, Public Interest Commission or an Alternative Dispute
Resolution Process and, where operational requirements permit, leave with pay to
an employee called as a witness by the Institute.
31.06 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.
31.07 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.
31.08 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.
31.09 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.
31.10 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.
31.11 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without
pay to an employee to attend preparatory contract negotiations meetings.
31.12 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.
31.13 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.
31.14 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.
32.01 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.
**
33.01 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 discharge, for
participation in an illegal strike as defined in the Public Service Labour
Relations Act.
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 using 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 Section 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 notice is given that an
employee, within the time limits prescribed in clause 35.09, 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 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.
35.04 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.
**
35.05 Subject to and as provided in Section 208 of the Public
Service Labour Relations Act, an employee who feels treated unjustly 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 35.03, 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 he has the approval of and is represented by the
Institute.
35.06 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 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 an authorized
representative.
35.07 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.
35.08 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.
35.09 An employee may present a grievance to the first step
of the procedure in the manner prescribed in clause 35.03, 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.
35.10 An employee may present a grievance at each succeeding
step in the grievance procedure beyond the first 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 35.11, within fifteen (15) days after presentation by
the employee of the grievance at the previous step.
35.11 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.
35.12 Where an employee has been represented by the
Institute in the presentation of the employee's 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.
**
35.13 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 Labour Relations Act.
35.14 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.
35.15 Where the provisions of clause 35.03 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
pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration
Act, 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 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 related Arbitral Award,
or
**
(b) termination of employment or demotion pursuant to paragraph 12(1)(c), (d)
or (e) of the Financial Administration Act,
or
(c) disciplinary action resulting in suspension or financial penalty,
**
and the 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 Labour Relations Act and Regulations.
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.
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