42.01 On application by an employee, the Employer shall
provide personal references to the prospective employer of such employee
indicating length of service, principal duties and responsibilities and
performance of such duties. Personal references requested by a prospective
employer outside the Public Service will not be provided without the written
consent of the employee.
43.01 The Institute 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.
43.02
(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 43.02(a) a level in the grievance procedure is waived, no
other level shall be waived except by mutual agreement.
44.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practiced with respect to an employee by reason of age, race,
creed, colour, national or ethnic origin, religious affiliation, sex, sexual
orientation, disability, family status, marital status, conviction for which a
pardon has been granted or membership or activity in the Institute.
**
General
A Penological Factor Allowance (PFA) shall be payable to incumbents in some
positions in the bargaining units which are in the Correctional Service Canada,
subject to the following conditions.
**
45.01 The Penological Factor Allowance is used to provide
additional compensation to an incumbent of a position who, by reason of duties
being performed in a penitentiary, as defined in the Corrections and
Conditional Release Act as amended from time to time, assumes additional
responsibilities for the custody of inmates other than those exercised by the
Correctional Group.
**
45.02 The payment of the allowance for the Penological
Factor is determined by the designated security level of the penitentiary as
determined by the Correctional Service of Canada. For those institutions with
more than one (1) designated security level (i.e. multi-level institutions), the
PFA shall be determined by the highest security level of the institution.
**
45.03 Amount of PFA
Penological Factor
Designated Security level of the Penitentiary |
| Maximum |
Medium |
Minimum |
| $2,000 |
$1,000 |
$600 |
Application of PFA
45.04 Penological Factor Allowance shall only be payable to
the incumbent of a position on the establishment of, or loaned to, Correctional
Staff Colleges, Regional Headquarters, and National Headquarters, when the
conditions described in clause 45.01 above are applicable.
**
45.05 The applicability of PFA to a position and the
position's level of PFA entitlement, shall be determined by the Employer
following consultation with the bargaining agent.
45.06 Except as prescribed in clause 45.09 below, an
employee shall be entitled to receive PFA for any month in which the employee
receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
45.07 Except as provided in clause 45.08 below, PFA shall be
adjusted when the incumbent of a position to which PFA applies, is appointed or
assigned duties in another position to which a different degree of PFA applies,
regardless of whether such appointment or assignment is temporary or permanent,
and for each month in which an employee performs duties in more than one
position to which PFA applies, the employee shall receive the higher allowance,
provided the employee has performed duties for at least ten (10) days as the
incumbent of the position to which the higher allowance applies.
**
45.08 When the incumbent of a position to which PFA applies,
is temporarily assigned to a position to which a different level of PFA, or no
PFA, applies, and when the employee's basic monthly pay entitlement in the
position to which the employee is temporarily assigned, plus PFA, if applicable,
would be less than the employee's basic monthly pay entitlement plus PFA in the
employee's regular position, the employee shall receive the PFA applicable to
the employee's regular position.
45.09 An employee will be entitled to receive PFA, in
accordance with the PFA applicable to the employee's regular position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive
calendar days,
or
(b) during the full period of paid leave where an employee is granted
injury-on-duty leave with pay because of an injury resulting from an act of
violence from one or more inmates.
45.10 PFA shall not form part of an employee's salary except
for the purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations
45.11 If, in any month, an employee is disabled or dies
prior to establishing an entitlement to PFA, the PFA benefits accruing to the
employee or the employee's estate shall be determined in accordance with the PFA
entitlement for the month preceding such disablement or death.
46.01 Except as provided in clauses 46.01 to 46.07
inclusive, and the Notes to Appendix "A" of this Agreement, the terms
and conditions governing the application of pay to employees are not affected by
this Agreement.
46.02 An employee is entitled to be paid for services
rendered at:
(a) the pay specified in Appendix "A" for the classification of the
position to which the employee is appointed, if the classification coincides
with that prescribed in the employee's certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification
prescribed in the employee's certificate of appointment, if that classification
and the classification of the position to which the employee is appointed do not
coincide.
46.03 The rates of pay set forth in Appendix "A"
shall become effective on the date specified therein.
46.04 Only rates of pay and compensation for overtime which
has been paid to an employee during the retroactive period will be recomputed
and the difference between the amount paid on the old rates of pay and the
amount payable on the new rates of pay will be paid to the employee.
Pay Administration
46.05 When two or more of the following actions occur on the
same date, namely appointment, pay increment, pay revision, the employee's rate
of pay shall be calculated in the following sequence:
(a) the employee shall receive the pay increment;
(b) the employee's rate of pay shall be revised;
(c) the employee's rate of pay on appointment shall be established in
accordance with this Agreement.
Rates of Pay
46.06
(a) The rates of pay set forth in Appendix "A" shall become
effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A" have an
effective date prior to the date of signing of this Agreement, the following
shall apply:
(i) "retroactive period" for the purpose of subparagraphs (ii) to
(v) means the period from the effective date of the revision up to and
including the day before the collective agreement is signed or when an
arbitral award is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall apply to
employees, former employees or in the case of death, the estates of former
employees who were employees in the groups identified in Article 26 of this
Agreement during the retroactive period;
(iii) for initial appointments made during the retroactive period, the rate
of pay selected in the revised rates of pay is the rate which is shown
immediately below the rate of pay being received prior to the revision;
(iv) for promotions, demotions, deployments, transfers or acting situations
effective during the retroactive period, the rate of pay shall be
recalculated, in accordance with the Public Service Terms and Conditions
of Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay shown immediately below the rate
of pay being received prior to the revision;
(v) no payment or no notification shall be made pursuant to paragraph
46.06(b) for one dollar ($1.00) or less.
46.07 This Article is subject to the Memorandum of
Understanding signed by the Employer and the Professional Institute of the
Public Service of Canada dated July 21, 1982 in respect of red-circled
employees.
Acting Pay
46.08 When an employee is required by the Employer to
substantially perform the duties of a higher classification level on an acting
basis for the required number of consecutive working days, the employee shall be
paid acting pay calculated from the date on which the employee commenced to act
as if the employee had been appointed to that higher classification level for
the period in which the employee acts.
When a day designated as a paid holiday occurs during the qualifying period,
the holiday shall be considered as a day worked for the purpose of the
qualifying period.
**
(a) The required number of consecutive working days referred to above is
three (3) consecutive working days.
47.01 This Agreement may be amended by mutual consent. If
either party wishes to amend or vary this Agreement, it shall give to the other
party notice of any amendment proposed and the parties shall meet and discuss
such proposal not later than one calendar month after receipt of such notice.
**
48.01 The duration of this Collective Agreement shall be
from the date it is signed to September 30, 2007.
48.02 Unless otherwise expressly stipulated, the provisions
of this Collective Agreement shall become effective on the date it is signed.
SIGNED AT OTTAWA, this 26th day of the month of January 2006.
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL
INSTITUTE OF THE PUBLIC
SERVICE OF CANADA |
THE TREASURY BOARD
OF
CANADA |
|
THE PROFESSIONAL
INSTITUTE OF THE PUBLIC
SERVICE OF CANADA |
|
