Economics and Social Science Services (ES, SI) 208/412 (Archived)

ARTICLE 1
PURPOSE AND SCOPE OF AGREEMENT

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Association, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.

1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the Public Service in which members of the bargaining unit are employed.

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01 For the purpose of this Agreement:

"allowance" means compensation payable for the performance of special or additional duties (« indemnité »);

**

"Association" means the Canadian Association of Professional Employees (« Association »);

**

"bargaining unit" means all the employees of the Employer, classified as ES or SI, in the Economics and Social Science Services Group, as described in the certificate issued by the PSSRB on the 17^th day of December 2003 (« unité de négociation »);

**

"common law partner" means a person living in a conjugal relationship with an employee for a continuous period of at least one year (« conjoint de fait »);

**

"compensatory leave" means leave with pay in lieu of cash payment for overtime, work performed on a designated paid holiday, travelling time compensated at overtime rate, reporting pay and call-back. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken (« congé compensateur »);

"continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations on the date of the signing of this Agreement (« emploi continu »);

"daily rate of pay" means an employee's weekly rate of pay divided by five (5) (« taux de rémunération journalier »);

"day" means a twenty-four (24) hour period commencing at 00:01 hour (« jour »);

"day of rest" in relation to an employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of being on leave or absent from duty without permission (« jour de repos »);

"double time" means two (2) times the employee's hourly rate of pay (« tarif double »);

"employee" means a person who is a member of the bargaining unit (« employé ou employée »);

"Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board (« Employeur »);

"headquarters area" has the same meaning as given to the expression in the Travel Directive (« zone d'affectation »)

"holiday" (« jour férié ») means:

(a) the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in this Agreement;

(b) however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed to have been entirely worked:

"hourly rate of pay" means a full-time employee's weekly rate of pay divided by 37.5 (« taux de rémunération horaire »);

"lay-off" means the termination of an employee's employment because of lack of work or because of the discontinuance of a function (« mise en disponibilité »);

"leave" means authorized absence from duty by an employee during his or her regular or normal hours of work (« congé »);

"membership dues" means the dues established pursuant to the constitution of the Association as the dues payable by its members as a consequence of their membership in the Association, and shall not include any initiation fee, insurance premium, or special levy (« cotisations syndicales »);

"overtime" (« heures supplémentaires ») means:

(a) in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work,

or

(b) in the case of a part-time employee, authorized work in excess of seven and one-half (7 1/2) hours per day or thirty-seven and one-half (37 1/2) hours per week, but does not include time worked on a holiday,

or

(c) in the case of a part-time employee whose normal scheduled hours of work are in excess of seven and one-half (7 1/2) hours per day in accordance with the Variable Hours article (Appendix "B"), authorized work in excess of those normal scheduled daily hours or in excess of an average of thirty-seven and one-half (37 1/2) hours per week;

"PSSRA" means the Public Service Staff Relations Act (« LRTFP »);

"PSSRB" means the Public Service Staff Relations Board (« CRTFP »);

"remuneration" means pay and allowances (« rémunération »);

"spouse" will when required be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directive (« époux »);

"straight-time rate" means the employee's hourly rate of pay (« tarif normal »);

"time and one-half" means one and one-half (1 1/2) times the employee's hourly rate of pay (« tarif et demi »);

"weekly rate of pay" means an employee's annual rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »);

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:

(a) if defined in the PSSRA, have the same meaning as given to them in the PSSRA,

and

(b) if defined in the Interpretation Act, but not defined in the PSSRA, have the same meaning as given to them in the Interpretation Act.

ARTICLE 3
APPLICATION

3.01 The provisions of this Agreement apply to the Association, employees and the Employer.

3.02 Both the English and French texts of this Agreement shall be official.

3.03 In the French text, to ensure that the language of this agreement is gender neutral (with the exception of clauses 21.03, 21.04 and 21.05 as well as articles 49 and 51), the words « employé » and « employée » have been used in alternation from one article to another.

Unless otherwise expressly stipulated, the provisions of this agreement apply equally to male and female employees.

ARTICLE 4
STATE SECURITY

4.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

ARTICLE 5
PRECEDENCE OF LEGISLATION
AND THE COLLECTIVE AGREEMENT

5.01 In the event that any law passed by Parliament, applying to employees covered by this Agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of this Agreement.

ARTICLE 6
MANAGERIAL RESPONSIBILITIES

6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the Public Service.

**ARTICLE 7
RECOGNITION

7.01 The Employer recognizes the Association as the exclusive bargaining agent for all employees described in the certificate issued by the PSSRB on the 17^th day of December 2003 covering employees of the Economics and Social Science Services Group.

ARTICLE 8
EMPLOYEE REPRESENTATIVES

8.01 The Employer acknowledges the right of the Association to appoint or otherwise select employees as representatives.

8.02 The Employer and the Association shall, by mutual agreement, determine the area to be serviced by each representative.

8.03 The Association shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 8.02.

8.04 A representative shall obtain the permission of his or her immediate supervisor before leaving work to investigate employee complaints, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Upon the resumption of the normal duties of the representative, he or she shall report back to the supervisor, where practicable.

8.05 The Association will have the opportunity to have an employee representative introduced to new employees as part of the Employer's formal orientation programs, where they exist.

ARTICLE 9
USE OF EMPLOYER FACILITIES

**

9.01 Space on bulletin boards (including electronic bulletin boards where available) will be made available to the Association for the posting of official Association notices, in convenient locations determined by the Employer and the Association. The posting of notices or other material shall require the prior approval of the Employer, except notices of Association business affairs and meetings, and Association elections, the names of the Association's representatives and social and recreational events. The Employer reserves 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.

**

9.02 Where technically feasible within the existing departmental infrastructure, and subject to security restrictions, each department shall establish a hyperlink to the Association's website from the departmental intranet website.

9.03 The Employer will continue its present practice of making available to the Association specific locations on its premises, and where it is practical to do so on vessels, for the placement of reasonable quantities of literature of the Association.

9.04 A duly accredited representative of the Association may be permitted access to the Employer's premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case be obtained from the Employer. In the case of access to vessels, the Association representative upon boarding any vessel must report to the Master, state his or her business and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and normal operation of the vessels.

9.05 The Association shall provide the Employer a list of such Association representatives and shall advise promptly of any change made to the list.

**

9.06

(a) Subject to the availability of appropriate facilities, the Association may hold general meetings of the local membership on departmental premises. The location, date and duration of such meetings shall require the prior approval of the deputy head or his or her delegate.

(b) This clause does not entitle an employee to attend such meetings during his or her scheduled hours of work.

ARTICLE 10
CHECK-OFF

10.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership dues from the monthly pay of an employee.

10.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee.

10.03 For the purpose of applying clause 10.01, deductions from pay for each employee in respect of each calendar month will start with the first full calendar month of employment to the extent that earnings are available.

10.04 An employee who satisfies the Employer to the extent that the employee satisfies in an affidavit that he or she is a member of a religious organization whose doctrine prevents an employee as a matter of conscience from making financial contributions to an employee organization and that the employee 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. A copy of the affidavit will be provided to the Association.

10.05 No employee organization, as defined in Section 2 of the PSSRA, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Association 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 each employee's behalf.

10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

10.08 The Association 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 limited to the amount actually involved in the error.

ARTICLE 11
INFORMATION

11.01 The Employer agrees to provide the Association, 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, date of appointment to a particular position and classification of the employee and the employer will endeavour to provide it normally within one (1) month following the termination of each quarter.

11.02 The Employer agrees to supply each employee with a copy of the Collective Agreement and will endeavour to do so within one (1) month after receipt from the printer.

**

11.03 National Joint Council Agreements which form part of this collective agreement and which have a direct bearing on employees' terms and conditions of employment shall be made available to employees by the Employer either electronically or in paper form.

ARTICLE 12
EMPLOYEES ON PREMISES OF OTHER EMPLOYERS

12.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of a provincial, municipal, commercial or industrial 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.

ARTICLE 13
RESTRICTION ON OUTSIDE EMPLOYMENT

13.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

ARTICLE 14
LEAVE FOR ASSOCIATION BUSINESS

Complaints made to the PSSRB Pursuant to Section 23 of the PSSRA

14.01 When operational requirements permit, the Employer will grant leave with pay:

(a) to an employee who makes a complaint on his or her own behalf, before the PSSRB,

and

(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association making a complaint.

Applications for Certification, Representations and Interventions with respect to Applications for Certification

14.02 Where operational requirements permit, the Employer will grant leave without pay:

(a) to an employee who represents the Association in an application for certification or in an intervention,

and

(b) to an employee who makes personal representations with respect to a certification.

14.03 The Employer will grant leave with pay:

(a) to an employee called as a witness by the PSSRB,

and

(b) when operational requirements permit, to an employee called as a witness by an employee or the Association.

Arbitration Board, Conciliation Board Hearings and Alternate Dispute Resolution

14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Association before an Arbitration Board, Conciliation Board or in an Alternate Dispute Resolution Process.

14.05 The Employer will grant leave with pay to an employee called as witness by an Arbitration Board, Conciliation Board or in an Alternate Dispute Resolution Process and, when operational requirements permit, to an employee called as a witness by the Association.

Adjudication

14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:

(a) a party to the adjudication,

(b) the representative of an employee who is a party to an adjudication,

and

(c) a witness called by an employee who is a party to an adjudication.

Meetings During the Grievance Process

14.07 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 the employee and on duty status when the meeting is held outside the employee's headquarters area,

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.

14.08 Where an employee wishes to represent, at a meeting with the Employer, an employee who has presented a grievance, the Employer will arrange the meeting having regard to operational requirements, and will grant leave with pay to the representative when the meeting is held in the representative's headquarters area and leave without pay when the meeting is held outside the representative's headquarters area.

14.09 Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a grievance and an employee acting on behalf of the Association 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 his or her headquarters area and reasonable leave without pay when it takes place outside his or her headquarters area.

Contract Negotiations Meetings

14.10 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees for the purpose of attending contract negotiation meetings on behalf of the Association.

Preparatory Contract Negotiations Meetings

14.11 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiations meetings.

Meetings Between the Association and Management Not Otherwise Specified in this Article

14.12 Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Association.

14.13 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings of the Association and organizations to which the Association is affiliated.

Representatives' Training Courses

14.14 Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Association to undertake training related to the duties of a representative.

Employment Relations Meetings, Inquiries or Seminars

14.15 Where operational requirements permit and when the subject matter is related to the terms and conditions of employment of the employees in the bargaining unit, an employee may be granted leave without pay by the Employer to appear at public meetings, inquiries or seminars on behalf of the Association provided the employee can prove that his or her attendance has been sanctioned by the Association.

Leave for election or appointment to Association position

14.16 The Employer will grant leave of absence without pay to an employee who is elected or appointed to a full-time position of the Association within one month after notice is given to the Employer of such election or appointment by the Association. The duration of such leave shall be for the period the employee holds such office.

ARTICLE 15
ILLEGAL STRIKES

15.01 The PSSRA 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 PSSRA.

ARTICLE 16
NO DISCRIMINATION

16.01 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 origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the union, marital status or a conviction for which a pardon has been granted.

16.02

(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 16.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

16.03 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.

ARTICLE 17
NO SEXUAL HARASSMENT

17.01 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.

17.02

(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 17.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

17.03 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.

ARTICLE 18
DUTY ABOARD VESSELS

18.01 Nothing in this Agreement shall be construed to impair in any manner whatsoever the authority of the Master.

18.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime.

18.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all employees at any time on immediate call and, notwithstanding any provisions of this Agreement which might be construed to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of which the Master shall be the sole judge.

18.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed the value of those articles up to a maximum of one thousand ($1,000) dollars based on replacement cost.

18.05

(a) An employee shall submit to the Employer a full inventory of his or her personal effects and shall be responsible for maintaining it in a current state.

(b) An employee or the employee's estate making a claim under this Article shall submit to the Employer reasonable proof of such loss, and shall submit an affidavit listing the individual items and values claimed.

ARTICLE 19
LEAVE GENERAL

19.01 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.

19.02

**

(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours, with one day being equal to seven and one-half (7 1/2) hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to seven and one-half (7 1/2) hours.

**

(b) Earned leave credits or other leave entitlements shall be equal to seven and one-half (7 1/2) hours per day.

(c) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.

(d) Notwithstanding the above, in clause 21.02, Bereavement Leave with Pay, a "day" will mean a calendar day.

(e) The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.

19.03 An employee shall not be granted two (2) different types of leave with pay at the same time.

19.04 An employee is not entitled to leave with pay during any period which the employee is on leave without pay, on education leave or under suspension.

**

19.05 In the event of termination of employment for reasons other than incapacity, death or lay-off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

**

19.06When the employment of an employee who has been granted more sick or vacation leave with pay than he or she has earned is terminated by lay-off, the employee is considered to have earned the amount of leave with pay granted to him or her if at the time of lay-off, he or she has completed two (2) or more years of continuous employment.

19.07 An employee shall not earn leave credits under this collective agreement in any month for which leave has already been credited to him or her under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.

**

19.08 Except as otherwise specified in this agreement,

(a) where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave;

(b) leave without pay for periods in excess of three (3) months shall not be counted for pay increment purposes.

ARTICLE 20
DESIGNATED PAID HOLIDAYS

20.01 Subject to clause 20.02, the following days shall be designated paid holidays for employees:

(a) New Year's Day

Good Friday

Easter Monday

the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday

Canada Day

Labour Day

the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving

Remembrance Day

Christmas Day

Boxing Day,

(b) one additional day in each year that, in the opinion of the Employer, is recognized to be a territorial, provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such additional day is recognized as a provincial or civic holiday, the first Monday in August,

(c) one additional day when proclaimed by an Act of Parliament as a national holiday.

20.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 14, Leave For Association Business.

20.03 When a day designated as a paid holiday under clause 20.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following the employee's day of rest.

20.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 20.03:

(a) work performed by an employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest,

and

(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

**

20.05

(a) When an employee works on a holiday, he or she shall be paid time and one-half (1 1/2) for all hours worked up to the regular daily scheduled hours of work as specified by this Agreement, and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday.

(b) Notwithstanding sub-clause (a), when an employee works on a holiday following a day of rest on which the employee also worked and received overtime in accordance with paragraph 28.11 of this Agreement, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked.

20.06 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:

(a) compensation in accordance with the provisions of clause 20.05;

or

(b) compensation equivalent to three (3) hours pay at the applicable overtime rate of pay.

20.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

20.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

20.09 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.

**

20.10 Payments referred to in clause 20.05 shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, they may be compensated in equivalent leave with pay to be administered in accordance with clause 28.14(b) of this Agreement.

ARTICLE 21
OTHER LEAVE WITH OR WITHOUT PAY

21.01 Marriage Leave With Pay

(a) After the completion of one (1) year's continuous employment in the Public Service, and providing an employee gives the Employer at least five (5) days' notice, the employee shall be granted five (5) days' marriage leave with pay for the purpose of getting married.

(b) For an employee with less than two (2) years of continuous employment, in the event of termination of employment for reasons other than death or lay-off within six (6) months after the granting of marriage leave, an amount equal to the amount paid the employee during the period of leave will be recovered by the Employer from any monies owed the employee.

21.02 Bereavement Leave With Pay

For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee, grand-parent, grandchild, father-in-law, mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently resides.

(a) When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days which must include the day of the funeral. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

(b) An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.

(c) If, during a period of vacation leave, sick leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under paragraph (a) or (b) of this clause, the employee shall be granted bereavement leave with pay and his or her vacation leave, sick leave or compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

(d) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater or in a manner other than that provided for in paragraphs 21.02(a) and (b).

21.03 Maternity Leave without Pay

(a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than seventeen (17) weeks after the termination date of pregnancy.

(b) Notwithstanding paragraph (a):

the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling seventeen (17) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of seventeen (17) weeks.

(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.

(e) An employee who has not commenced maternity leave without pay may elect to:

(f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

(g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

21.04 Maternity Allowance

(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:

**

(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

(d) At the employee's request, the payment referred to in subparagraph 21.04(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy benefits.

(e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act.

(f) The weekly rate of pay referred to in paragraph (c) shall be:

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

21.05 Special Maternity Allowance for Totally Disabled Employees

(a) An employee who:

shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 21.04 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in subparagraph (a)(i).

21.06 Parental Leave Without Pay

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(a)

**

(b)

**

(c) Notwithstanding paragraphs (a) and (b):

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than one-hundred and four (104) weeks after the day on which the child comes into the employee's care.

**

(d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of the leave.

(e) The Employer may:

(f) Parental leave without pay taken by a couple employed in the Public Service shall not exceed a total of thirty-seven (37) weeks for both individuals combined. For the purpose of this paragraph, Public Service means any portion of the Public Service of Canada specified in Part I of Schedule I of the Public Service Staff Relations Act.

(g) Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

21.07 Parental Allowance

(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:

**

(C) should he or she fail to return to work in accordance with discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:

however, an employee whose specified period of employment expired and who is rehired in any portion of the Public Service of Canada specified in Part I of Schedule I of the Public Service Staff Relations Act within a period of five days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

**

(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(d) At the employee's request, the payment referred to in subparagraph 21.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits.

(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.

(f) The weekly rate of pay referred to in paragraph (c) shall be:

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.

(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

21.08 Special Parental Allowance for Totally Disabled Employees

(a) An employee who:

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 21.07 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental benefits pursuant to Section 23 of the Employment Insurance Act, had the employee not been disqualified from Employment Insurance parental benefits for the reasons described in subparagraph (a)(i).

Transitional provisions for 21.09

This clause is applicable to employees who have been and have proceeded on leave on or after the date of signature of this agreement.

An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children (clause 21.09) or on Leave Without Pay for the Long-Term Care of a Parent (clause 21.16) under the terms of the agreement expired on 21 June 2000, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Care and Nurturing of Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent under the terms of another agreement, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

All leave granted under Leave Without Pay for the Care and Nurturing of Pre-School Age Children or under Leave Without Pay for the Long-Term Care of a Parent under the terms of other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the Public Service.

21.09 Leave Without Pay for the Care of Immediate Family

Subject to operational requirements, an employee shall be granted leave without pay for the care of immediate family in accordance with the following conditions:

(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner) parents (including stepparents or foster parent) or any relative permanently residing in the employee's household or with whom the employee permanently resides.

**

(b) Subject to paragraph (a), up to five (5) years leave without pay during an employee's total period of employment in the Public Service may be granted for the personal long-term care of the employee's family or for the care of a dying family member. Leave granted under this paragraph shall be for a minimum period of three (3) weeks.

(c) An employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given.

**

(d) At the request of an employee and with the approval of the Employer, an employee who has proceeded on leave without pay may change his or her return to work date.

21.10 Leave Without Pay for Personal Needs

Leave without pay will be granted for personal needs in the following manner:

(a) Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs. Leave granted under this clause shall be counted for the calculation of continuous employment for the purpose of calculating severance pay and service for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

(b) Subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.

**

(c) An employee is entitled to leave without pay for personal needs twice under each of sub-clause (a) and (b) during the employee's total period of employment in the Public Service. The second period of leave under each sub-clause can be granted provided that the employee has remained in the Public Service for a period of ten (10) years subsequent to the expiration of the first period of leave under the relevant sub-clause.

**

(d) Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.

21.11 Leave Without Pay for Relocation of Spouse

(a) At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.

(b) Leave without pay granted under this clause shall be deducted from the calculation of continuous employment for the purpose of calculating severance pay and service for the purpose of calculating vacation leave for the employee involved, except where the period of such leave is less than three (3) months. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

**

21.12 Leave With Pay for Family-Related Responsibilities

(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), children (including foster children and children of spouse or common-law partner), parents (including step-parents or foster parents), parents of spouse or common law partner, grandparents, or any relative permanently residing in the employee's household or with whom the employee permanently resides.

(b) The Employer shall grant leave with pay under the following circumstances:

(c) The total leave with pay which may be granted under sub-paragraphs (b)(i), (ii), (iii) and (iv) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.

21.13 Court Attendance Leave

Leave with pay shall be granted to every employee, who is required:

(a) to serve on a jury or to be available for jury selection;

and

(b) by subpoena or summons to attend as a witness in any proceeding held:

**

21.14 Injury-on-Duty Leave

An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees' Compensation Act, and a Workers' Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

(a) personal injury accidentally received in the performance of his or her duties and not caused by the employee's willful misconduct,

or

(b) an industrial illness or a disease arising out of and in the course of the employee's employment,

if the employee agrees to remit to the Receiver General of Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.

21.15 Personnel Selection Leave

Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the Public Service, as defined in the PSSRA, the employee is entitled to leave with pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his or her presence is so required. This clause applies equally in respect of the personnel selection processes related to deployment.

**

21.16 Volunteer Leave

(a) Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted in each fiscal year a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

(b) The leave shall be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

**

21.17 Personal Leave With Pay

(a) Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted in each fiscal year a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.

(b) The leave shall be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

21.18 Leave With or Without Pay for Other Reasons

At its discretion, the Employer may grant:

(a) leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty. Such leave shall not be unreasonably withheld;

(b) leave with or without pay for purposes other than those specified in this Agreement.

ARTICLE 22
SICK LEAVE WITH PAY

Credits

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22.01 An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which the employee receives pay for at least seventy-five (75) hours.

Granting of Sick Leave

22.02 An employee shall be granted sick leave with pay when the employee is unable to perform his or her duties because of illness or injury provided that:

(a) the employee satisfies the Employer of this condition in such a manner and at such a time as may be determined by the Employer,

and

(b) the employee has the necessary sick leave credits.

22.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties, shall, when delivered to the Employer, be considered as meeting the requirements of clause 22.02(a).

**

22.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 22.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) hours subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

22.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not granted sick leave with pay.

22.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.

22.07 Sick leave credits earned but unused by an employee during a previous period of employment in the Public Service shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the Public Service within two (2) years from the date of layoff.

22.08 The Employer agrees that an employee recommended for termination for cause pursuant to Section 11(2)(g) of the Financial Administration Act for reasons of incapacity by reason of ill-health shall not be released at a date earlier than the date at which the employee will have utilized his or her accumulated sick leave credits.

ARTICLE 23
CAREER DEVELOPMENT

23.01 Education Leave

(a) An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of education in which special preparation is needed to enable the employee to fill his or her present role more adequately, or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

(b) An employee on education leave under this clause shall receive allowances in lieu of salary equivalent of up to one hundred per cent (100%) of the employee's basic salary provided that where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

(c) Any allowance already being received by the employee and not part of the employee's basic salary shall not be used in the calculation of the education leave allowance.

(d) Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave and the employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

(e) As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee, except with the permission of the Employer,

he or she shall repay the Employer all allowances paid to him or her under this clause during the education leave or such lesser sum as shall be determined by the Employer.

23.02 Attendance at Conferences and Conventions

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(a) The parties to this Agreement recognize that the attendance or participation at conferences, conventions, symposia, workshops and other gatherings of a similar nature contributes to the maintenance of high professional standards.

(b) An employee shall have the opportunity, subject to operational requirements, to attend a reasonable number of conferences or conventions related to the employee's field of specialization in order to benefit from an exchange of knowledge and experience with the employee's professional colleagues. The Employer may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings, subject to budgetary constraints as determined by the Employer.

**

(c) An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, in travel status. The Employer shall pay the registration fees of the conference or convention that the employee is required to attend.

(d) An employee invited to participate in a conference or convention in an official capacity such as to present a formal address or to give a course related to the employee's field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his or her payment of registration fees and reasonable travel expenses.

(e) An employee shall not be entitled to any compensation under Article 28, Hours of Work and Overtime, in respect of hours the employee is in attendance at a conference or convention under the provisions of this clause.

(f) Compensation shall not be paid under Article 30, Travelling Time, in respect of hours travelling to or from a conference or convention under the provisions of this clause, unless the employee is required to attend by the Employer.

23.03 Professional Development

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(a) Because the parties to this Agreement share a desire to improve professional standards, employees may be given the opportunity on occasion subject to operational and budgetary constraints:

(b) An employee may apply at any time for professional development under this clause, and the Employer may select an employee at any time for such professional development.

(c) When an employee is selected by the Employer for professional development under this clause the Employer will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.

(d) An employee selected for professional development under this clause will continue to receive his or her normal compensation including any increase for which the employee may become eligible. The employee shall not be entitled to any compensation under Articles 28, Hours of Work and Overtime, and 30, Travelling Time, while on professional development under this clause.

(e) An employee on professional development under this clause may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

(f) The Employer will ensure the availability for office use of such professional publications as are related to the employees' fields of specialization.

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23.04 Consultation

The parties to this Agreement acknowledge the mutual benefits to be derived from consultation on Career Development, and agree to consult on this issue at the departmental and local union level, subject to the provisions of Article 38, Joint Consultation.

23.05 Examination Leave

Leave with pay to write examinations may be granted by the Employer to an employee who is not on educational leave. Such leave will be granted only where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve the employee's qualifications.

ARTICLE 24
VACATION LEAVE WITH PAY

24.01 The vacation year shall be from April 1^st to March 31^st of the following calendar year, inclusive.

Accumulation of Vacation Leave Credits

24.02 An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives pay for at least ten (10) days:

(a) nine decimal three seven five (9.375) hours at the employee's straight-time hourly rate until the month in which the anniversary of the employee's eighth (8th) year of service occurs; (fifteen (15) days per year)

(b) twelve decimal five (12.5) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's eighth (8th) year of service occurs; (twenty (20) days per year)

(c) thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's sixteenth (16^th) year of service occurs; (twenty-two (22) days per year)

(d) fourteen decimal three seven five (14.375) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's seventeenth (17^th) year of service occurs; (twenty-three (23) days per year)

(e) fifteen decimal six two five (15.625) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's eighteen (18^th) year of service occurs; (twenty-five (25) days per year)

(f) sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's twenty-seventh (27^th) year of service occurs; (twenty-seven (27) days per year)

Arbitral Award effective October 14, 2004

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(g) eighteen decimal seven five (18.75) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's twenty-eighth (28^th) year of service occurs; (thirty (30) days per year)

(h) leave will be scheduled on an hourly basis with the hours debited for each day of vacation leave being the same as the hours the employee would have been scheduled to work on that day or portion thereof;

(i) for the purpose of clause 24.02 only, all service within the Public Service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the Public Service within one year following the date of lay-off;

(j) Notwithstanding (i) above, an employee who was a member of the SI bargaining unit on (the date of signing of the collective agreement - May 17, or 18, or 19, 1989) or an employee who became a member of the SI bargaining unit between (the date of signing of the collective agreement - May 17, or 18, or 19, 1989) and May 31, 1990 shall retain, for the purpose of "service" and of establishing his or her vacation entitlement pursuant to this Article, those periods of former service which had previously qualified for counting as continuous employment, until such time as his or her employment in the Public Service is terminated.

Entitlement to Vacation Leave With Pay

24.03 An employee is entitled to vacation leave with pay to the extent of the employee's earned credits. An employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.

Scheduling of Vacation Leave With Pay

24.04 The Employer reserves the right to schedule an employee's vacation leave but shall make reasonable effort:

(a) to grant an employee's vacation leave in an amount and at such time as the employee may request;

(b) to ensure that approval of an employee's request for vacation leave is not unreasonably denied;

(c) to schedule vacation leave on an equitable basis and when there is no conflict with the interests of the Employer or the other employees, according to the wishes of the employee.

24.05 The Employer shall give an employee as much notice as is practicable and reasonable of approval, denial or cancellation of a request for vacation or furlough leave. In the case of denial, alteration or cancellation of such leave, the Employer shall give the written reason thereof, upon written request from the employee.

24.06 Where in respect of any period of vacation leave, an employee is granted:

(a) bereavement leave with pay,

or

(b) leave with pay because of illness in the immediate family,

or

(c) is granted sick leave on production of a medical certificate,

the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

Carry-Over of Vacation Leave

24.07

(a) Employees with leave credits in excess of two hundred and sixty-two decimal five (262.5) hours either on 31 March 2000 or upon becoming a member of the bargaining unit.

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(b) Employees with leave credits not in excess of two hundred and sixty-two decimal five (262.5) hours either on 31 March 2000 or upon becoming a member of the bargaining unit.

An employee who has earned vacation leave credits which have not been used, shall carry over into the following vacation year earned but unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) hours. All vacation leave credits in excess of two hundred and sixty-two decimal five hours (262.5) shall be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on the last day of the vacation year.

**

(c) Notwithstanding the maximum allowable carryover specified under 24.07(a)(vi) or 24.07(b), where the Employer cancels a period of vacation leave which had been approved in writing or electronically, and which cannot be scheduled before the end of the vacation year, the cancelled leave may, at the request of the employee, be carried over and used in the next vacation year.

(d) Cashing leave credits during the vacation year

During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits shall be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on March 31^st, of the previous vacation year.

Recall from Vacation Leave With Pay

24.08

(a) The Employer will make every reasonable effort not to recall an employee to duty after the employee has proceeded on vacation leave with pay.

(b) Where, during any period of vacation leave or furlough leave with pay, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:

after submitting such accounts as are normally required by the Employer.

(c) The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 24.08(b) to be reimbursed for reasonable expenses incurred by the employee.

Leave When Employment Terminates

24.09 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation and furlough leave with pay to the employee's credit by the hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment, except that the Employer shall grant the employee any vacation and furlough leave earned but not used by the employee before the employment is terminated by lay-off if the employee so requests because of a requirement to meet minimum continuous employment requirements for severance pay.

24.10 Notwithstanding clause 24.09, an employee whose employment is terminated by reason of a declaration that the employee abandoned his or her position is entitled to receive the payment referred to in clause 24.09, if the employee requests it within six (6) months following the date upon which his or her employment is terminated.

Advance Payments

24.11 The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee's vacation period commences.

Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure. Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

Cancellation of Vacation Leave

24.12 When the Employer cancels or alters a period of vacation or furlough leave which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

**

24.13 Upon request of the employee, the Employer shall grant the employee his or her unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1^st) year of continuous employment in the case of lay-off, and the tenth (10^th) year of continuous employment in the case of resignation.

Appointment to a Separate Employer

24.14 Notwithstanding clause 24.09 an employee who resigns to accept an appointment with an organization listed in Part II of Schedule I of the PSSRA may choose not to be paid for unused vacation and furlough leave credits, provided that the appointing organization will accept such credits.

**

Appointment from a Separate Employer

24.15 The Employer agrees to accept the unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) hours of an employee who resigns from an organization listed in Part II of Schedule I of the Public Service Staff Relations Act in order to take a position with the Employer if the employee has chosen to have these credits transferred, provided that the transferring organization is in agreement.

ARTICLE 25
SEVERANCE PAY

25.01 Under the following circumstances and subject to clause 25.02, an employee shall receive severance benefits calculated on the basis of the employee's weekly rate of pay:

(a) Lay-off

(b) Resignation

On resignation, subject to sub-clause 25.01(d) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.

(c) Rejection on Probation

On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay for each complete year of continuous employment.

(d) Retirement

a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.

(e) Death

If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

(f) Termination for Cause for Reasons of Incapacity or Incompetence

25.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 25.01 be pyramided.

25.03

(a) The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee's certificate of appointment pertaining to the position held by the employee on a substantive basis immediately prior to the termination of the employee's employment.

(b) Notwithstanding paragraph 25.03(a), where an employee has been in an acting position for more than 1 (one) years at the time of severance, the rate of pay used to determine the employee's severance pay is the employee's acting rate of pay.

Appointment to a Separate Employer Organization

25.04 Notwithstanding 25.01(b), an employee who resigns to accept an appointment with an organization listed in Part II of Schedule I of the PSSRA may choose not to be paid severance pay provided that the appointing organization will accept the employee's Part I service for its severance pay entitlement.

ARTICLE 26
WASH-UP TIME

26.01 Where the Employer determines that due to the nature of work there is a clear cut need, wash-up time up to a maximum of ten (10) minutes will be permitted before the end of the working day.

ARTICLE 27
PAY ADMINISTRATION

27.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

27.02 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.

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27.03

(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:

27.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first and the resulting rate shall be revised in accordance with the pay revision.

27.05 Holding Rates of Pay

An employee who, in accordance with the Regulations Respecting Pay on Reclassification or Conversion, is being paid at a holding rate of pay on the effective date of an economic increase and continues to be paid at that rate on the date immediately prior to the effective date of a further economic increase, shall receive a lump-sum payment equal to one hundred per cent (100%) of the economic increase for the employee's former group and level calculated on his final rate of pay.

27.06 Rate of Pay on Reclassification of Duties and Responsibilities to a Level With a Lower Maximum Rate

Where an employee's duties and responsibilities are reclassified to a level with a lower maximum rate of pay than the level at which the employee is being paid, the following shall apply:

(a) Prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing.

(b) Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection Status and subject to Section (c)(ii) below shall apply until the position is vacated or the attainable maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level.

(c)

27.07 If, during the term of this Agreement, a new classification standard for a group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Association the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

27.08

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(a) When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least three (3) consecutive days or shifts, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.

(b) When a day designated as a paid holiday occurs during the qualifying period the holiday shall be considered as a day worked for purposes of the qualifying period.

27.09 When the regular pay day for an employee falls on his or her day of rest, every effort shall be made to issue his or her cheque on his or her last working day, provided it is available at his or her regular place of work.