**
36.01 Agreements concluded by the National Joint Council
(NJC) of the Public Service on items which may be included in a Collective
Agreement, and which the parties to this Agreement have endorsed after December
6, 1978, will form part of this Collective 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 Section 113 of the PSLRA.
**
36.02 The NJC items which may be included in a Collective
Agreement are those items which parties to the NJC Agreements have designated as
such or upon which the Chairman of the Public Service Labour Relations Board has
made a ruling pursuant to (c) of the NJC Memorandum of Understanding which
became effective December 6, 1978.
**
36.03 The following directives, policies or regulations, 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 Collective
Agreement:
(1) Bilingualism Bonus Directive;
(2) Commuting Assistance Directive;
(3) Foreign Service Directives;
(4) Isolated Posts and Government Housing Directive;
(5) Travel Directive;
(6) Memorandum of Understanding on the Definition of Spouse;
(7) Public Service Health Care Plan Directive;
(8) NJC Integrated Relocation Directive;
(9) Uniforms Directive;
Occupational Safety and Health (10 to 27)
(10) Boiler and Pressure Vessels Directive;
(11) Committees and Representatives Directive;
(12) Electrical Directive;
(13) Elevating Devices Directive;
(14) Elevated Work Structures Directive;
(15) First Aid Allowance Directive;
(16) First Aid Safety and Health Directive;
(17) Hazardous Confined Spaces Directive;
(18) Hazardous Substances Directive;
(19) Materials Handling Directive;
(20) Motor Vehicle Operations Directive;
(21) Noise Control and Hearing Conservation Directive;
(22) Personal Protective Equipment and Clothing Directive;
(23) Pesticides Directive;
(24) Refusal to Work Directive;
(25) Sanitation Directive;
(26) Tools and Machinery Directive;
(27) Use and Occupancy of Buildings Directive;
During the term of this Collective Agreement, other directives, policies or
regulations may be added to the above noted list.
Grievances in regard to the above directives, policies or regulations shall
be filed in accordance with clause 35.01 of the Article on grievance procedure
in this Collective Agreement.
37.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and will consult on matters of common interest.
37.02 The subjects that may be determined as appropriate for
joint consultation will be by mutual agreement of the parties and shall include
consultation regarding career development. Consultation may be at the local,
regional or national level as determined by the parties.
37.03 Wherever possible, the Employer shall consult with
representatives of the Institute at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
Joint Consultation Committee Meetings
37.04 The Consultation Committees shall be composed of
mutually agreeable numbers of employees and Employer representatives who shall
meet at mutually satisfactory times. Committee meetings shall normally be held
on the Employer's premises during working hours.
37.05 Employees forming the continuing membership of the
Consultation Committees shall be protected against any loss of normal pay by
reason of attendance at such meetings with management, including reasonable
travel time where applicable.
37.06 Joint Consultation Committees are prohibited from
agreeing to items which would alter any provision of this collective agreement.
38.01 Where written departmental standards of discipline are
developed or amended, the Employer agrees to supply sufficient information on
the standards of discipline to each employee and to the Institute.
**
38.02 Where an employee is required to attend a meeting on
disciplinary matters the employee is entitled to have a representative of the
Institute attend the meeting when the representative is readily available. Where
practicable, the employee shall receive in writing a minimum of two (2) working
days notice of such meeting as well as its purpose.
38.03 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document concerning the conduct or
performance of an employee the existence of which the employee was not aware at
the time of filing or within a reasonable time thereafter.
38.04 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.
39.01 If employees whose normal duties are performed on the
premises of other employers are prevented from performing their duties because
of a strike or lock-out on the other employer's premises, the employees shall
report the matter to the Employer and the Employer will make every reasonable
effort to ensure that, so long as work is available, the employees affected are
not denied regular pay and benefits to which they would normally be entitled.
Definition
**
40.01 Part-time employee means a person whose normal
scheduled hours of work are less than thirty-seven decimal five (37.5) hours per
week, but not less than those prescribed in the Public Service Labour
Relations Act.
General
40.02 Part-time employees shall be entitled to the benefits
provided under this Agreement in the same proportion as their normal scheduled
weekly hours of work compare with the normal weekly hours of work of full-time
employees unless otherwise specified in this Agreement.
40.03 Part-time employees shall be paid at the hourly rate
of pay for all work performed up to seven decimal five (7.5) hours in a day or
thirty-seven decimal five (37.5) hours in a week unless the employee is working
other daily or weekly hours of work as prescribed pursuant to Article 8, Hours
of Work, or group specific Articles relating to Hours of Work.
40.04 The days of rest provisions of this Collective
Agreement apply only in a week when a part-time employee has worked five (5)
days and a minimum of thirty-seven decimal five (37.5) hours in a week at the
hourly rate of pay.
40.05 Leave will only be provided:
(a) during those periods in which employees are scheduled to perform their
duties;
or
(b) where it may displace other leave as prescribed by this Agreement.
Designated Holidays
40.06 A part-time employee shall not be paid for the
designated holidays but shall instead be paid a premium of four point two five
(4.25) per cent for all straight-time hours worked during the period of
part-time employment.
40.07 Subject to Article 9, Overtime, when a part-time
employee is required to work on a day which is prescribed as a designated paid
holiday for a full-time employee in clause 12.01 of this Agreement, the employee
shall be paid time and one-half (1 1/2) the hourly rate of pay for all hours
worked on the holiday up to the regular daily scheduled hours of work and double
(2) time thereafter.
Overtime
40.08 "Overtime" means work required by the
Employer, to be performed by the employee, in excess of those hours prescribed
in clause 40.03 but does not include time worked on a holiday.
40.09 Subject to clauses 40.04 and 40.08, when a part-time
employee is required by the Employer to work overtime he shall be compensated as
follows:
(a) on his normal work day, at the rate of time and one-half (1 1/2) for each
hour of overtime worked for the first seven decimal five (7.5) overtime hours
worked and double (2) time thereafter;
(b) on his first (1st) day of rest, at time and one-half (1 1/2)
for each hour of overtime worked;
(c) on his second (2nd) or subsequent day of rest, at double (2)
time for each hour of overtime worked. Second (2nd) or subsequent day
of rest means the second or subsequent day in an unbroken series of consecutive
and contiguous calendar days of rest;
(d) notwithstanding paragraph (c) above, if, in an unbroken series of
consecutive and contiguous calendar days of rest, the Employer permits the
employee to work the required overtime on a day of rest requested by the
employee, then the compensation shall be at time and one-half (1 1/2) for the
first (1st) day worked.
Vacation Leave
**
40.10 A part-time employee shall earn vacation leave credits
for each month in which the employee receives pay for at least twice (2) the
number of hours in the employee's normal work week, at the rate for years of
employment established in clause 15.02, prorated and calculated as follows:
(a) when the entitlement is nine point three seven five (9.375) hours a
month, zero point two five (0.25) of the hours in his/her workweek per month;
(b) when the entitlement is twelve point five (12.5) hours a month, zero
point three three three (0.333) of the hours in his/her workweek per month;
(c) when the entitlement is thirteen point seven five (13.75) hours per
month, zero point three six seven (0.367) of the hours in his/her workweek per
month;
(d) when the entitlement is fourteen point three seven five (14.375) hours a
month, zero point three eight three (0.383) of the hours in his/her workweek per
month;
(e) when the entitlement is fifteen point six two five (15.625) hours a
month, zero point four one seven (0.417) of the hours in his/her workweek per
month;
(f) when the entitlement is sixteen point eight seven five (16.875) hours a
month, zero point four five zero (0.450) of the hours in his/her workweek per
month;
(g) when the entitlement is eighteen point seven five (18.75) hours a month,
zero point five (0.5) of the hours in his/her workweek per month.
Sick Leave
40.11 A part-time employee shall earn sick leave credits at
the rate of zero decimal two five (0.25) of the number of hours in an employee's
normal work week for each calendar month in which the employee has received pay
for at least twice (2) the number of hours in the employee's normal work week.
Vacation and Sick Leave Administration
40.12
(a) For the purposes of administration of clauses 40.10 and 40.11, where an
employee does not work the same number of hours each week, the normal work week
shall be the weekly average calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both
full-time and part-time employment shall not earn vacation or sick leave credits
in excess of the entitlement of a full-time employee.
Severance Pay
40.13 Notwithstanding the provisions of Article 19,
Severance Pay, where the period of continuous employment in respect of which a
severance benefit is to be paid consists of both full-and part-time employment
or varying levels of part-time employment, the benefit shall be calculated as
follows: the period of continuous employment eligible for severance pay shall be
established and the part-time portions shall be consolidated to equivalent
full-time. The equivalent full-time period in years shall be multiplied by the
full-time weekly pay rate for the appropriate group and level to produce the
severance pay benefit.
40.14 The weekly rate of pay referred to in clause 40.13
shall be the weekly rate of pay to which the employee is entitled for the
classification prescribed for the employee's substantive position on the date of
termination of employment.
41.01 For the purpose of this Article:
(a) a formal assessment and/or appraisal of an employee's performance means
any written assessment and/or appraisal by any supervisor of how well the
employee has performed assigned tasks during a specified period in the past.
(b) formal assessment and/or appraisals of employee performance shall be
recorded on a form prescribed by the Employer for this purpose.
(c) if, during the employee performance review, either the form or
instructions have changed they shall be given to the employee.
41.02
(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 his 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.
A copy of the employee's assessment form shall be provided to the employee at
the time 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.
41.03 When an employee disagrees with the assessment and/or
appraisal, the employee shall have the right to present written counter
arguments to the manager(s) or committee(s) responsible for the assessment
and/or appraisal decision.
41.04 Upon written request of an employee, the personnel
file of that employee shall be made available once per year for examination by
the employeein the presence of an authorized representative of the Employer.
**
41.05 When a report pertaining to an employee's performance
or conduct is placed on that employee's personnel file, the employee concerned
shall be given an opportunity to
(a) sign the report in question to indicate that its contents have been read,
and
(b) submit such written representation as the employee may deem appropriate
concerning the report and to have such written representations attached to the
report.
|
