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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
28.01 Hours of Work
(a) Except as provided for in clause 28.03, the normal work week shall
be thirty-seven and one-half (37 1/2) hours exclusive of lunch
periods, comprising five (5) days of seven and
one-half (7 1/2) hours each, Monday through Friday. The work day shall
be scheduled to fall within a nine (9)-hour period between the hours of
6:00 a m. and 6:00 p.m., unless otherwise agreed in consultation
between the Association and the Employer at the appropriate level.
(b) An employee normally shall be granted two (2) consecutive days
of rest during each seven (7)-day period unless operational requirements do
not so permit.
(c) Subject to operational requirements as determined from time to time by
the Employer, an employee shall have the right to select and request flexible
hours between 6:00 a.m. and 6:00 p.m.
(d)
(i) Notwithstanding the provisions of this Article, upon request of an
employee and the concurrence of the Employer, an employee may complete his or
her weekly hours of employment in a period other than five (5) full
days provided that over a period of twenty-eight (28) calendar days the
employee works an average of thirty-seven and one-half (37 1/2) hours per
week. As part of the provisions of this clause, attendance reporting shall be
mutually agreed between the employee and the Employer. In every
twenty-eight (28) day period such an employee shall be granted days of
rest on such days as are not scheduled as a normal workday for the employee.
(ii) Notwithstanding anything to the contrary contained in this Agreement,
the implementation of any variation in hours shall not result in any
additional overtime work or additional payment by reason only of such
variation, nor shall it be deemed to prohibit the right of the Employer to
schedule any hours of work permitted by the terms of this Agreement.
(e) Employees may be required to submit monthly attendance registers; only
those hours of overtime and absences need be specified.
28.02 Employees covered by 28.01(c) shall be subject to the
variable hours of work provisions established in this Agreement.
28.03 For employees who work on a rotating or irregular
basis:
(a) Normal hours of work shall be scheduled so that employees work:
(i) an average of thirty-seven and one-half (37 1/2) hours per week
and an average of five (5) days per week,
and either
(ii) seven and one-half (7 1/2) hours per day,
or
(iii) an average of seven and one-half (7 1/2) hours per day
where so agreed between the Employer and the majority of the employees
affected.
(b) Every reasonable effort shall be made by the Employer:
(i) not to schedule the commencement of a shift within
eight (8) hours of the completion of the employee's
previous shift;
(ii) to avoid excessive fluctuations in hours of work;
(iii) to consider the wishes of the majority of employees concerned in the
arrangement of shifts within a shift schedule;
(iv) to arrange shifts over a period of time not exceeding
fifty-six (56) days and to post schedules at least
fourteen (14) days in advance of the starting date of the new
schedule;
(v) to grant an employee a minimum of two (2) consecutive days
of rest.
(c) The Employer shall make every reasonable effort to schedule a meal break
of one-half (1/2) hour during each full shift which shall not constitute
part of the work period. Such meal break shall be scheduled as close as possible
to the midpoint of the shift, unless an alternate arrangement is agreed to at
the appropriate level between the Employer and the employee. If an employee is
not given a meal break scheduled in advance, all time from the commencement to
the termination of the employee's full shift shall be deemed time worked.
(d) Where an employee's scheduled shift does not commence and end on the same
day, such shift shall be considered for all purposes to have been entirely
worked:
(i) on the day it commenced where half or more of the hours worked fall on
that day,
or
(ii) on the day it terminates where more than half of the hours worked fall
on that day.
Accordingly, the first day of rest will be considered to start immediately
after midnight of the calendar day on which the employee worked or is considered
to have worked the employee's last scheduled shift; and the second day of rest
will start immediately after midnight of the employee's first day of rest, or
immediately after midnight of an intervening designated paid holiday if days of
rest are separated thereby.
General
28.04 An employee's scheduled hours of work shall not be
construed as guaranteeing the employee minimum or maximum hours of work.
28.05 The Employer agrees that, before a schedule of working
hours is changed, the change will be discussed with the appropriate
representative of the Association, if the change will affect a majority of the
employees governed by the schedule.
28.06 Provided sufficient advance notice is given and with
the approval of the Employer, employees may exchange shifts if there is no
increase in cost to the Employer.
28.07 If an employee is given less than
seven (7) days' advance notice of a change in the employee's shift
schedule, the employee will receive a premium rate of time and
one-half (1 1/2) for work performed on the first shift changed.
Subsequent shifts worked on the new schedule shall be paid for at straight time.
Such employee shall retain his or her previously scheduled days of rest next
following the change or if worked, such days of rest shall be compensated in
accordance with the overtime provisions of this Agreement.
28.08 Two (2) rest periods of
fifteen (15) minutes each shall be scheduled during each normal day
for non-operating employees. The Employer agrees, where operational requirements
permit, to continue the present practice of providing rest periods for operating
employees.
28.09 Assignment of Overtime Work
Subject to the operational requirements of the service, the Employer shall
make every reasonable effort:
(a) to allocate overtime work on an equitable basis among readily available,
qualified employees,
and
(b) to give employees who are required to work overtime adequate advance
notice of this requirement.
28.10 Subject to operational requirements, the Employer
shall make every reasonable effort to avoid excessive overtime.
**
28.11 When an employee is required by the Employer to work
overtime, the employee shall be compensated for each fifteen (15)-minute
period as follows:
(a) on the employee's normal work day, at the rate of time and one-half (1
1/2) for the first seven and one-half (7 1/2) hours of overtime worked and at
the rate of double (2) time for all hours of overtime in any contiguous period
in excess of the first seven and one-half (7 1/2) hours;
(b) on the employee's first day of rest, at the rate of time and one-half (1
1/2) for the first seven and one-half (7 1/2) hours of overtime worked and at
the double (2) time rate for each contiguous hour thereafter;
(c) on the employee's second or subsequent day of rest,
(i) at the basis of double (2) time for each hour of overtime worked.
Second or subsequent day of rest means the second or subsequent day in an
unbroken series of consecutive and contiguous calendar days of rest;
(ii) notwithstanding paragraph (b) and sub-paragraph (c)(i) 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 day worked.
28.12
(a) If an employee is given instructions before the beginning of the
employee's meal break or before the midpoint of the employee's workday whichever
is earlier, to work overtime on that day and reports for work at a time which is
not contiguous to the employee's work period, the employee shall be paid for the
time actually worked, or a minimum of two (2) hours' pay at straight
time, whichever is the greater.
(b) If an employee is given instructions, after the midpoint of the
employee's workday or after the beginning of the employee's meal break whichever
is earlier, to work overtime on that day and reports for work at a time which is
not contiguous to the employee's work period, the employee shall be paid for the
time actually worked, or a minimum of three (3) hours' pay at straight
time, whichever is the greater.
28.13 Meal Allowance
**
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following his or her scheduled hours of work,
and who has not been notified of the requirement prior to the end of last
scheduled work period, shall be reimbursed for one meal in the amount of ten
dollars and fifty cents ($10.50), except where free meals are provided.
**
(b) When an employee works overtime continuously extending
four (4) hours or more beyond the period provided in (a) above, the
employee shall be reimbursed for one additional meal in the amount of ten
dollars and fifty cents ($10.50), except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be
allowed the employee in order to take a meal break either at or adjacent to the
employee's place of work.
(d) This clause shall not apply to an employee who is in travel status which
entitles the employee to claim expenses for lodging and/or meals.
**
28.14
(a) Overtime shall be compensated in cash except where, upon request of an
employee and with the approval of the Employer, overtime may be compensated in
equivalent leave with pay.
(b) The Employer shall grant compensatory leave at times convenient to both
the employee and the Employer. Compensatory leave with pay not used by the end
of the fiscal year shall be paid in cash at the employee's hourly rate of pay as
calculated from the classification prescribed in the employee's certificate of
appointment at that date. An employee may elect to carry over into the next
fiscal year up to a maximum of thirty-seven and one-half
(37 1/2) hours of unused compensatory leave.
28.15 The Employer will endeavour to make cash payment for
overtime earned under this Article within six (6) weeks following the
end of the pay period in which the record of the hours of overtime was
submitted.
28.16 When an employee is required to work either continuous
or non-contiguous overtime, time spent by the employee reporting to or returning
from work shall not constitute time worked.
29.01 When an employee is required to report and reports to
work on a day of rest, the employee is entitled to a minimum of
three (3) hours pay at the applicable overtime rate.
29.02 Payments provided under Article 31, Call-Back
Pay, and Article 29, Reporting Pay, shall not be pyramided; that is, an
employee shall not receive more than one compensation for the same service.
29.03 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 an employee reporting to work or
returning to the employee's residence shall not constitute time worked.
29.04 The minimum payment referred to in 29.01 above, does
not apply to part-time employees. Part-time employees will receive a minimum
payment in accordance with B.12 (Appendix "B") of this Agreement.
30.01 For the purposes of this Agreement, travelling time is
compensated for only in the circumstances and to the extent provided for in this
Article.
30.02 When an employee is required to travel outside his or
her headquarters area on government business, as this expression is defined by
the employer, the time of departure and the means of such travel shall be
determined by the Employer and the employee will be compensated for travel time
in accordance with clauses 30.03 and 30.04. Travelling time shall include
time necessarily spent at each stop-over enroute provided such stop-over is not
longer than three (3) hours.
30.03 For the purposes of clauses 30.02 and 30.04, the
travelling time for which an employee shall be compensated is as follows:
(a) For travel by public transportation, the time between the scheduled time
of departure and the time of arrival at a destination, including the normal
travel time to the point of departure, as determined by the Employer.
(b) For travel by private means of transportation, the normal time as
determined by the Employer, to proceed from the employee's place of residence or
work place, as applicable, direct to the employee's destination and, upon the
employee's return, direct back to the employee's residence or work place.
(c) In the event that an alternate time of departure and/or means of travel
is requested by the employee, the Employer may authorize such alternate
arrangements, in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
**
30.04 If an employee is required to travel as set forth in
clauses 30.02 and 30.03:
(a) On a normal working day on which the employee travels but does not work,
the employee shall receive his or her regular pay for the day.
(b) On a normal working day on which the employee travels and works, the
employee shall be paid:
(i) his or her regular pay for the day for a combined period of travel and
work not exceeding his or her regular scheduled working hours,
and
(ii) at the applicable overtime rate for additional travel time in excess
of his or her regularly scheduled hours of work and travel, with a maximum
payment for such additional travel time not to exceed
twelve (12) hours' pay at the straight-time rate of pay, or not to
exceed fifteen (15) hours' pay at the straight-time rate of pay when the
travel is outside Canada or Continental USA.
(c) On a day of rest or on a designated paid holiday, the employee shall be
paid at the applicable overtime rate for hours travelled to a maximum of
twelve (12) hours' pay at the straight-time rate of pay, or not to
exceed fifteen (15) hours' pay at the straight-time rate of pay when the travel
is outside Canada or Continental USA.
(d) Travel time shall be compensated in cash, except where upon request of an
employee and with the approval of the Employer, travel time shall be compensated
by leave with pay. The duration of such leave shall be equal to the travel time
multiplied by the appropriate rate of payment and payment shall be based on the
employee's hourly rate of pay in effect on the date immediately prior to the day
on which the leave is taken.
If any lieu time earned cannot be liquidated by the end of the fiscal year,
then payment in cash will be made at the employee's then current rate of pay.
30.05 This Article does not apply to an employee when the
employee travels by any type of transport in which he or she is required to
perform work, and/or which also serves as his or her living quarters during a
tour of duty. In such circumstances, the employee shall receive the greater of:
(a) on a normal working day, his or her regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 20,
Designated Paid Holidays, and the overtime provisions of this Agreement.
30.06 Compensation under this Article shall not be paid for
travel time to courses, training sessions, conferences and seminars, unless the
employee is required to attend by the Employer.
30.07 All calculations made pursuant to this Article are
subject to clause 28.11.
**
30.08 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his or her permanent residence for forty (40) nights
during a fiscal year shall be granted seven decimal five (7.5) hours off with
pay. The employee shall be credited with an additional seven decimal five
(7.5) hours for each additional twenty (20) nights that the employee
is away from his or her permanent residence to a maximum of
eighty (80) additional nights.
(b) The maximum number of hours off earned under this clause shall not exceed
thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as
compensatory leave with pay, to be administered in accordance with
clause 28.14(b) of this Agreement.
(c) The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars.
31.01 If an employee is called back to work:
(a) on a designated paid holiday which is not the employee's scheduled day of
work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed his or her work for the day and has left
his or her place of work,
and returns to work, the employee shall be paid the greater of:
(i) Compensation equivalent to three (3) hours' pay at the
applicable overtime rate of pay for each call-back to a maximum of
eight (8) hours' compensation in an eight (8) hour period.
Such maximum shall include any reporting pay pursuant to clause 20.07 of
Article 20 and the Reporting Pay Provisions of this Agreement;
or
(ii) compensation at the applicable rate of overtime compensation for time
worked,
provided that the period worked by the employee is not contiguous to the
employee's normal hours of work.
(d) The minimum payment referred to in 31.01(c)(i) above, does not apply to
part-time employees. Part-time employees will receive a minimum payment in
accordance with B.11 (Appendix "B").
31.02 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.
No Pyramiding of Payments
31.03 Payments provided under Overtime and Reporting Pay
provisions, the Designated Paid Holiday and Standby provisions of this Agreement
and clause 31.01 above shall not be pyramided, that is an employee shall
not receive more than one compensation for the same service.
31.04 This Article does not apply where an employee who has
accommodation on board a vessel and:
(a) is not in his or her home port, reports for sailing in accordance with
posted sailing orders or as otherwise required by the Master,
or
(b) is on the Employer's premises at the time of notification of the
requirement to work overtime.
32.01 Where the Employer requires an employee to be
available on standby during off-duty hours, an employee shall be entitled to a
standby payment at the rate of one half (1/2) hour at straight time for
each four (4) consecutive hours or portion thereof that he or she is
on standby.
32.02 An Employee designated by letter or by list for
stand-by duty shall be available during his period of stand-by at a known
telecommunications link number and be able to return for duty as quickly as
possible if called. In designating employees for standby duty the Employer will
endeavour to provide for the equitable distribution of standby duties.
32.03 No standby payment shall be granted if an employee is
unable to report for duty when required.
32.04 An employee on standby who is required to report for
work shall be paid, in addition to the standby pay, the greater of:
(a) the applicable overtime rate for the time worked,
or
(b) the minimum of four (4) hours' pay at the hourly rate of pay,
except that this minimum shall apply only the first time that an employee is
required to report for work during a period of standby of
eight (8) hours.
32.05 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than an
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.
No Pyramiding of Payments
32.06 Payments provided under the Overtime and Reporting Pay
provisions, the Designated Paid Holidays and Call-Back Pay provisions of this
Agreement, and clause 32.04 above shall not be pyramided, that is an
employee shall not receive more than one compensation for the same service.
33.01 Shift Premium
An employee working on shifts, half or more of the hours of which are
regularly scheduled between 4:00 p.m. and 8:00 a.m., will receive a shift
premium of two dollars ($2) per hour for all hours worked, including
overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will
not be paid for hours worked between 8:00 a.m. and 4:00 p.m.
33.02 Weekend Premium
(a) Employees shall receive an additional premium of two dollars ($2) per
hour for work on a Saturday and/or Sunday for hours worked as stipulated in (b)
below.
(b) A weekend premium shall be payable in respect of all regularly scheduled
hours at straight-time rates worked on Saturday and/or Sunday.
34.01 Upon written request, an employee shall be provided
with a complete and current statement of the duties and responsibilities of his
or her position, including the classification level and, where applicable, the
point rating allotted by factor to his or her position, and an organization
chart depicting the position's place in the organization.
**
35.01 When an employee is required to attend a meeting on
disciplinary matters, the Employer shall notify the employee that the employee
is entitled to have a representative of the Association attend the meeting.
Where practicable, the employee shall receive in writing a minimum of
one (1) working day's notice of such a meeting, as well as its
purpose. Where the presence of a National representative of the Association is
required and where the meeting is outside the National Capital Region, this
minimum period shall be increased to two (2) days, where practicable.
35.02 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document from the file of an
employee the content of which the employee was not aware of at the time of
filing or within a reasonable period thereafter.
35.03 Any document or written statement related to
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.
35.04 When an employee is suspended from duty, the Employer
undertakes to notify the employee in writing of the reason for such suspension.
The Employer shall endeavour to give such notification at the time of
suspension.
35.05 The Employer shall notify the local representative of
the Association that such suspension has occurred.
36.01
(a) An employee shall be given an opportunity to sign the formal review of
his or her performance and shall also be given an opportunity to sign all
adverse reports pertaining to the performance of his or her duties in his or her
current position which are placed on his personnel file.
(b) The Employer's representative 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 being
evaluated.
(c) An employee has the right to make written comments to be attached to the
performance review form.
36.02
(a) Prior to an employee performance review the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person
conducting the review;
(b) if during the employee performance review, either the form or
instructions are changed they shall be given to the employee.
36.03 Upon written request of an employee, the personnel
file of that employee may be made available once per year for the employee's
examination in the presence of an authorized representative of the Employer.
37.01 The Employer shall make reasonable provisions for the
occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Association, and the parties undertake to
consult with a view to adopting and expeditiously carrying out reasonable
procedures and techniques designed or intended to prevent or reduce the risk of
employment injury.
38.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and are prepared to enter into discussion aimed
at the development and introduction of appropriate machinery for the purpose of
providing joint consultation on matters of common interest.
38.02 Within five (5) days of notification of
consultation served by either party, the Association shall notify the Employer
in writing of the representatives authorized to act on behalf of the Association
for consultation purposes.
38.03 Upon request of either party, the parties to this
Agreement shall consult meaningfully at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
Agreement.
38.04 Without prejudice to the position the Employer or the
Association may wish to take in future about the desirability of having the
subjects dealt with by the provisions of collective agreements, the subjects
that may be determined as appropriate for joint consultation will be by
agreement of the parties.
39.01 Agreements concluded by the National Joint Council of
the Public Service on items which may be included in a collective agreement, and
which the parties to this agreement have endorsed after December 6, 1978
will form part of this agreement, subject to the PSSRA and any
legislation by Parliament that has been or may be, as the case may be,
established pursuant to any Act specified in Schedule III of the PSSRA.
39.02 NJC items which may be included in a collective
agreement are those items which the parties to the NJC agreements have
designated as such or upon which the Chairman of the PSSRB has made a ruling
pursuant to clause (c) of the NJC Memorandum of Understanding which became
effective December 6, 1978.
**
39.03 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) Foreign Service Directives
(2) Government Travel and Living Accommodations Directive
(3) Isolated Posts and Government Housing Directive
(4) Memorandum of Understanding on the Definition of 'Spouse'
(5) NJC Relocation - IRP Directive
(6) Commuting Assistance Directive
(7) Bilingualism Bonus Policy Directive
(8) Public Service Health Care Plan Directive
(9) Uniforms Directive
Occupational Safety and Health
(10) Boiler and Pressure Vessels Directive
(11) Hazardous Substances Directive
(12) Electrical Directive
(13) Elevating Devices Directive
(14) First-Aid Safety and Health Directive
(15) First-Aid Allowance Directive
(16) Tools and Machinery Directive
(17) Hazardous Confined Spaces Directive
(18) Materials Handling Safety Directive
(19) Motor Vehicle Operations Directive
(20) Noise Control and Hearing Conservation Directive
(21) Personal Protective Equipment and Clothing Directive
(22) Pesticides Directive
(23) Elevated Work Structures Directive
(24) Use and Occupancy of Buildings Directive
(25) Sanitation Directive
(26) Refusal to Work Directive
(27) Committees and Representatives Directive
During the term of this Collective Agreement, other directives, policies or
regulations may be added to the above noted list.
39.04 Grievances in regard to the above directives, policies
or regulations shall be filed in accordance with clause 40.01 of the
Article on grievance procedure in this Collective Agreement.
Interpretation of the agreement
The parties agree that, in the event of a dispute arising out of the
interpretation of a clause or Article in this Agreement, it is desirable that
the parties meet within a reasonable time and seek to resolve the problem. This
Article does not prevent an employee from availing of the grievance procedure
provided in this Agreement.
40.01 In cases of alleged misinterpretation or
misapplication arising out of agreements concluded by the National Joint Council
of the Public Service on items which may be included in a collective agreement
and which the parties to this agreement have endorsed, the grievance procedure
will be in accordance with Section 7.0 of the NJC By-Laws.
40.02 Subject to and as provided in Section 91 of the PSSRA,
an employee who feels that he or she has been treated unjustly or considers
himself or herself aggrieved by any action or lack of action by the Employer in
matters other than those arising from the classification process is entitled to
present a grievance in the manner prescribed in clause 40.05 except that:
(a) where there is another administrative procedure provided by or under any
Act of Parliament to deal with the employee's specific complaint, such procedure
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Collective Agreement or an Arbitral Award, the employee is not entitled to
present the grievance unless he or she has the approval of and is represented by
the Association.
40.03 Except as otherwise provided in this Agreement a
grievance shall be processed by recourse to the following levels:
(a) Level 1 - first level of management;
(b) Levels 2 and 3 - intermediate level(s) where such level or levels are
established in departments or agencies;
(c) Final level - Deputy Head or Deputy Head's authorized representative.
Whenever there are four levels in the grievance procedure, the grievor may
elect to waive either Level 2 or 3.
40.04 The Employer shall designate a representative at each
level in the grievance procedure and shall inform each employee to whom the
procedure applies of the name or title of the person so designated together with
the name or title and address of the immediate supervisor or local
officer-in-charge to whom a grievance is to be presented. This information shall
be communicated to employees by means of notices posted by the Employer in
places where such notices are most likely to come to the attention of the
employees to whom the grievance procedure applies, or otherwise as determined by
agreement between the Employer and the Association.
40.05 An employee who wishes to present a grievance at any
prescribed level in the grievance procedure, shall transmit this grievance to
the employee's immediate supervisor or local officer-in-charge who shall
forthwith:
(a) forward the grievance to the representative of the Employer authorized to
deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the
grievance was received by the Employer.
40.06 Where it is necessary to present a grievance by mail,
the grievance shall be deemed to have been presented on the day on which it is
postmarked and it shall be deemed to have been received by the Employer on the
date it is delivered to the appropriate office of the department or agency
concerned. Similarly the Employer shall be deemed to have delivered a reply at
any level on the date on which the letter containing the reply is postmarked,
but the time limit within which the grievor may present his or her grievance at
the next higher level shall be calculated from the date on which the Employer's
reply was delivered to the address shown on the grievance form.
40.07 A grievance of an employee shall not be deemed to be
invalid by reason only that it is not in accordance with the form supplied by
the Employer.
40.08 An employee may be assisted and/or represented by the
Association when presenting a grievance at any level.
40.09 The Association shall have the right to consult with
the Employer with respect to a grievance at each level of the grievance
procedure. Where consultation is with the deputy head, the deputy head shall
render the decision.
40.10 An employee may present a grievance to the first level
of the procedure in the manner prescribed in clause 40.05, not later than
the twenty-fifth (25th) day after the date on which the employee
is notified orally or in writing or on which the employee first becomes aware of
the action or circumstances giving rise to grievance.
40.11 The Employer shall normally reply to an employee's
grievance at any step of the grievance procedure, except the final step, within
ten (10) days after the grievance is presented, and within twenty
(20) days where the grievance is presented at the final step. Where such
decision or settlement is not satisfactory to the employee, he or she may submit
a grievance at the next higher level in the grievance procedure within
ten (10) days after that decision or settlement has been conveyed to
him or her in writing.
40.12 If the Employer does not reply within
fifteen (15) days from the date that a grievance is presented at any
level, except the final level, the employee may, within the next
ten (10) days, submit the grievance at the next higher level of the
grievance procedure.
40.13 Where an employee has been represented by the
Association in the presentation of his or her grievance, the Employer will
provide the appropriate representative of the Association with a copy of the
Employer's decision at each level of the grievance procedure at the same time
that the Employer's decision is conveyed to the employee.
40.14 The decision given by the Employer at the final level
in the grievance procedure shall be final and binding upon the employee unless
the grievance is a class of grievance that may be referred to adjudication.
40.15 In determining the time within which any action is to
be taken as prescribed in this procedure, Saturdays, Sundays and designated paid
holidays shall be excluded.
40.16 The time limits stipulated in this procedure may be
extended by mutual agreement between the Employer and the employee and, where
appropriate, the Association representative.
40.17 Where it appears that the nature of the grievance is
such that a decision cannot be given below a particular level of authority, any
or all the levels, except the final level, may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Association.
40.18 Where the Employer demotes or terminates an employee
for cause pursuant to paragraph 11(2)(f) or (g) of the Financial
Administration Act, the grievance procedure set forth in this Agreement
shall apply except that:
(a) the grievance may be presented at the final step only;
(b) notwithstanding 40.03(c), the Deputy Head cannot appoint a representative
to hear the grievance and to render a decision;
and
(c) the twenty (20) day time limit within which the Employer is to reply
at the final step may be extended to a maximum of forty (40) days by
mutual agreement of the Employer and the appropriate representative of the
Association.
40.19 An employee may abandon a grievance by written notice
to his or her immediate supervisor or officer-in-charge.
40.20 An employee who fails to present a grievance to the
next higher level within the prescribed time limits shall be deemed to have
abandoned the grievance, unless the employee was unable to comply with the
prescribed time limits due to circumstances beyond his or her control.
40.21 No person shall seek by intimidation, by threat of
dismissal or by any other kind of threat to cause an employee to abandon his or
her grievance or refrain from exercising his or her right to present a
grievance, as provided in this collective agreement.
40.22 Where an employee has presented a grievance up to and
including the final level in the grievance procedure with respect to:
(a) the interpretation or application in respect of him or her of a provision
of this collective agreement or a related arbitral award,
or
(b) disciplinary action resulting in discharge, suspension or a financial
penalty,
and the employee's grievance has not been dealt with to his or her
satisfaction, he or she may refer the grievance to adjudication in accordance
with the provisions of the PSSRA and Regulations.
40.23 Where a grievance that may be presented by an employee
to adjudication is a grievance relating to the interpretation or application in
respect of him or her of a provision of this agreement or an arbitral award, the
employee is not entitled to refer the grievance to adjudication unless
Association signifies in prescribed manner:
(a) its approval of the reference of the grievance to adjudication,
and
(b) its willingness to represent the employee in the adjudication
proceedings.
41.01 Where practicable, advance notice of a change in
posting or a transfer from an employee's headquarters area as defined by the
Employer shall be given to an employee. Such notice shall not normally be less
than two (2) months.
42.01 Subject to the willingness and capacity of individual
employees to accept relocation and retraining, the Employer will make every
reasonable effort to ensure that any reduction in the work force will be
accomplished through attrition.
43.01 The parties have agreed that in cases where as a
result of technological change the services of an employee are no longer
required beyond a specified date because of lack of work or the discontinuance
of a function, the National Joint Council Work Force Adjustment agreement
concluded by the parties will apply. In all other cases the following clauses
will apply.
43.02 In this Article "Technological Change"
means:
(a) the introduction by the Employer of equipment or material of a different
nature than that previously utilized;
and
(b) a change in the Employer's operation directly related to the introduction
of that equipment or material.
43.03 Both parties recognize the overall advantages of
technological change and will, therefore, encourage and promote technological
change in the Employer's operations. Where technological change is to be
implemented, the Employer will seek ways and means of minimizing adverse effects
on employees which might result from such changes.
43.04 The Employer agrees to provide as much advance notice
as is practicable but, except in cases of emergency, not less than one hundred
and eighty (180) days written notice to the Association of the introduction or
implementation of technological change when it will result in significant
changes in the employment status or working conditions of the employees.
43.05 The written notice provided for in clause 43.04
will provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to effect
change;
(c) the location or locations involved.
43.06 As soon as reasonably practicable after notice is
given under clause 43.04, the Employer shall consult with the Association
concerning the effects of the technological change referred to in
clause 43.04 on each group of employees. Such consultation will include but
not necessarily be limited to the following:
(a) The approximate number, class and location of employees likely to be
affected by the change.
(b) The effect the change may be expected to have on working conditions or
terms and conditions of employment on employees.
43.07 When, as a result of technological change, the
Employer determines that an employee requires new skills or knowledge in order
to perform the duties of the employee's substantive position, the Employer will
make every reasonable effort to provide the necessary training during the
employee's working hours and at no cost to the employee.
44.01 The Employer agrees that original articles,
professional and technical papers prepared by an employee, within the scope of
his or her employment, will be retained on appropriate departmental files for
the normal life of such files. The Employer, will not unreasonably withhold
permission for the publication of original articles, or professional and
technical papers in professional media. At the Employer's discretion,
recognition of authorship will be given where practicable in departmental
publications.
44.02 When an employee acts as a sole or joint author or
editor of an original publication, the employee's authorship or editorship shall
normally be shown on the title page of such publication.
44.03
(a) The Employer may suggest revisions to material and may withhold approval
to publish such articles and papers to which clause 44.01 refers.
(b) When approval for publication is withheld, the author shall be so
informed.
Where the Employer wishes to make changes in material submitted for
publication with which the author does not agree, the author shall not be
credited publicly if he or she so requests.
45.01 The Employer shall reimburse an employee for the
employee's payment of membership or registration fees to an organization or
governing body when the payment of such fees is a requirement for the
continuation of the performance of the duties of the employee's position.
45.02 Membership dues referred to in Article 10,
Check-off, of this collective agreement are specifically excluded as
reimbursable fees under this Article.
46.01 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.
47.01 Nothing in this agreement shall be construed as an
abridgement or restriction of any employee's constitutional rights or of any
right expressly conferred in an act of the Parliament of Canada.
48.01 The Employer will continue past practice in giving all
reasonable consideration to continued employment in the Public Service of
employees who would otherwise become redundant because work is contracted out.
49.01 An employee who is pregnant or nursing may, during the
period from the beginning of pregnancy to the end of the twenty-fourth (24th)
week following the birth, request the Employer to modify her job functions or
reassign her to another job if, by reason of the pregnancy or nursing,
continuing any of her current functions may pose a risk to her health or that of
the foetus or child.
49.02 An employee's request under 49.01 must be accompanied
or followed as soon as possible by a medical certificate indicating the expected
duration of the potential risk and the activities or conditions to avoid in
order to eliminate the risk. Dependent upon the particular circumstances of the
request, the Employer may obtain an independent medical opinion.
49.03 An employee who has made a request under 49.01 is
entitled to continue in her current job while the Employer examines her request,
but, if the risk posed by continuing any of her job functions so requires, she
is entitled to be immediately assigned alternative duties until such time as the
Employer:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable to modify
her job functions or reassign her.
49.04 Where reasonably practicable, the Employer shall
modify the employee's job functions or reassign her.
49.05 Where the Employer concludes that a modification of
job functions or a reassignment that would avoid the activities or conditions
indicated in the medical certificate is not reasonably practicable, the Employer
shall so inform the employee in writing and shall grant leave of absence without
pay to the employee for the duration of the risk as indicated in the medical
certificate. However, such leave shall end no later than
twenty-four (24) weeks after the birth.
49.06 An employee whose job functions have been modified,
who has been reassigned or who is on leave of absence shall give at least two
(2) weeks notice in writing to the Employer of any change in duration of the
risk or the inability as indicated in the medical certificate, unless there is a
valid reason why that notice cannot be given. Such notice must be accompanied by
a new medical certificate.
**
49.07 Notwithstanding 49.05, for an employee working in an
institution where she is in direct and regular contact with offenders, if the
Employer concludes that a modification of job functions or a reassignment that
would avoid the activities or conditions indicated in the medical certificate is
not reasonably practicable, the Employer shall so inform the employee in writing
and shall grant leave of absence with pay to the employee for the duration of
the risk as indicated in the medical certificate. However, such leave shall end
no later than at the time the employee proceeds on Maternity Leave Without Pay
or the termination date of the pregnancy, whichever comes first.
50.01 The Employer shall make every reasonable effort to
accommodate an employee who requests time off to fulfill his or her religious
obligations.
50.02 Employees may, in accordance with the provisions of
this Agreement, request annual leave, compensatory leave, leave without pay for
other reasons or a shift exchange (in the case of a shift worker) in order to
fulfill their religious obligations.
50.03 Notwithstanding 50.02, at the request of the employee
and at the discretion of the Employer, time off with pay may be granted to the
employee in order to fulfill his or her religious obligations. The number of
hours with pay so granted must be made up hour for hour within a period of
six (6) months, at times agreed to by the Employer. Hours worked as a
result of time off granted under this article shall not be compensated nor
should they result in any additional payments by the Employer.
50.04 An employee who intends to request leave or time off
under this article must give notice to the Employer as far in advance as
possible but no later than four (4) weeks before the requested period
of absence.
51.01 Up to half (1/2) a day of reasonable time off
with pay will be granted to pregnant employees for the purpose of attending
routine medical appointments.
51.02 Where a series of continuing appointments are
necessary for the treatment of a particular condition relating to the pregnancy,
absences shall be charged to sick leave.
52.01 This Agreement may be amended by mutual consent.
**
53.01 This collective agreement shall expire on 21
June 2006.
53.02 Unless otherwise expressly stipulated, the provisions
of this agreement shall become effective on the date it is signed.
SIGNED AT OTTAWA, this 29th day of the month
of November 2004.
TREASURY BOARD
OF CANADA |
|
CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES |
Display full size graphic
Display full size graphic
X) Effective June 22, 2003 - Pay Adjustment
A) Effective June 22, 2003
B) Effective June 22, 2004
C) Effective June 22, 2005
(Arbitral Award - October 14, 2004)
*Amended by Memorandum of Agreement signed February 23, 2005
| ES-01 and SI-01 |
| From: |
$ |
37744 |
39066 |
40433 |
41849 |
43901 |
| To: |
A |
38688 |
40043 |
41444 |
42895 |
44999 |
|
|
B |
39558 |
40944 |
42376 |
43860 |
46011 |
|
|
C |
40448 |
41865 |
43329 |
44847 |
47046 |
| ES-02 and SI-02 |
| From: |
$ |
42655 |
43706 |
44766 |
46333 |
48439 |
| To: |
A |
43721 |
44799 |
45885 |
47491 |
49650 |
|
|
B |
44705 |
45807 |
46917 |
48560 |
50767 |
|
|
C |
45711 |
46838 |
47973 |
49653 |
51909 |
| SI-03 |
| From: |
$ |
46895 |
48276 |
49655 |
51029 |
52802 |
| To: |
A |
48067 |
49483 |
50896 |
52305 |
54122 |
|
|
B |
49149 |
50596 |
52041 |
53482 |
55340 |
|
|
C |
50255 |
51734 |
53212 |
54685 |
56585 |
| ES-03 and SI-04* |
| From: |
$ |
50220 |
52111 |
53867 |
55757 |
58295 |
| To: |
X |
50220 |
52111 |
53895 |
55757 |
58295 |
|
|
A |
51476 |
53414 |
55242 |
57151 |
59752 |
|
|
B |
52634 |
54616 |
56485 |
58437 |
61096 |
|
|
C |
53818 |
55845 |
57756 |
59752 |
62471 |
| ES-04 and SI-05 |
| From: |
$ |
60096 |
62303 |
64206 |
66304 |
69321 |
| To: |
A |
61598 |
63861 |
65811 |
67962 |
71054 |
|
|
B |
62984 |
65298 |
67292 |
69491 |
72653 |
|
|
C |
64401 |
66767 |
68806 |
71055 |
74288 |
| ES-05 and SI-06 |
| From: |
$ |
68291 |
70392 |
72858 |
75478 |
78913 |
| To: |
A |
69998 |
72152 |
74679 |
77365 |
80886 |
|
|
B |
71573 |
73775 |
76359 |
79106 |
82706 |
|
|
C |
73183 |
75435 |
78077 |
80886 |
84567 |
| ES-06 and SI-07 |
| From: |
$ |
76801 |
79533 |
81933 |
84418 |
88259 |
| To: |
A |
78721 |
81521 |
83981 |
86528 |
90465 |
|
|
B |
80492 |
83355 |
85871 |
88475 |
92500 |
|
|
C |
82303 |
85230 |
87803 |
90466 |
94581 |
| ES-07 and SI-08 |
| From: |
$ |
84050 |
86467 |
88863 |
91377 |
95535 |
| To: |
A |
86151 |
88629 |
91085 |
93661 |
97923 |
|
|
B |
88089 |
90623 |
93134 |
95768 |
100126 |
|
|
C |
90071 |
92662 |
95230 |
97923 |
102379 |
| ES-08 |
| From: |
$ |
88332 |
to |
102243 |
|
|
| To: |
A |
90540 |
to |
104799 |
|
|
|
|
B |
92577 |
to |
107157 |
|
|
|
|
C |
94660 |
to |
109568 |
|
|
**
PAY NOTES AND PAY INCREMENT ADMINISTRATION
1. The pay increment period for employees paid in the ES levels 1 to 7 or SI
levels 1 to 8 is twelve (12) months, and the pay increase shall be to the next
rate in the scale of rates.
2. The pay increment period for employees paid in the ES level 8 is twelve
(12) months, and the pay increase shall be to a rate of pay which is 4.5% higher
than the employee's former rate of pay, provided the maximum of the range is not
exceeded.
3. An employee for whom a restructuring is effective June 22, 2003
will move to the rate of pay shown immediately below the employee's former rate
of pay at the "X" range shown in Appendix A.
4. Except as provided in clause 27.03, an employee being paid in the ES
levels 1 to 7 or SI levels 1 to 8 scale of rates shall, on the relevant
effective dates of adjustments to rates of pay, be paid in the (A), (B) and (C)
scales of rates shown immediately below the employee's former rate of pay.
5. An employee being paid in the ES level 8 scale of rates shall, on the
relevant effective dates of adjustments to rates of pay, be paid in the (A)
scale of rates of pay at a rate which is two point five per cent (2.5%) higher
than the employee's former rate of pay, and in the (B) and (C) scales of rates
of pay, at a rate which is two point two five percent (2.25%) higher than the
employee's rate of pay, rounded to the nearest multiple of two hundred and fifty
dollars ($250).
6. Subject to (1), the pay increment date for an employee appointed on or
after May 22, 1981 to a position in the SI classification, or on or after
January 15, 1982 in the ES classification, on promotion, demotion or
from outside the Public Service, shall be the anniversary date of such
appointment. The anniversary date for an employee who was appointed to a
position in the SI bargaining unit prior to May 22, 1981 or in the ES
bargaining unit prior to January 15, 1982, shall be the date on which
the employee received his or her last pay increment.
7. If an employee dies, the salary due to the employee on the last working
day preceding the employees' death shall continue to accrue to the end of the
month in which the employee dies. Salary so accrued which has not been paid to
the employee as at the date of the employees death shall be paid to the
employees' estate.
8. When an employee who is in receipt of a special duty allowance or an extra
duty allowance is granted leave with pay, the employee is entitled during the
employees period of leave to receive the allowance if the special or extra
duties in respect of which the employee is paid the allowance were assigned to
the employee on a continuing basis, or for a period of two (2) more months prior
to the period of leave.
**
Pay Notes for CBSA Employees
1. Effective date of transfer or appointment to CBSA, the employee's new rate
of pay shall be the step in the applicable line of the new salary grid which is
closest to, but not less than the rate of pay received on that day.
2. Should the employee's salary exceed the maximum of the range for his/her
group and level, the employee's salary shall remain unchanged until such time as
the maximum rate of pay for the employee's group and level is equal to, or
greater than, the employee's salary.
3. Effective June 22, 2004, should the employee's salary be within the new
salary band in the B line, the employee's new rate of pay shall be the step in
the B line which is closest to, but not less than, the rate of pay received on
that day. Furthermore the employee shall be entitled to a lump sum in an
annualized amount equivalent to the difference between the value of the economic
increase (i.e. 2.25%) and the actual salary increase, to be paid bi-weekly.
4. Effective June 22, 2004, employees subject to paragraph b) shall receive a
lump sum payment in an annualized amount equivalent to 2.25% of the employee's
rate of pay, to be paid bi-weekly, in lieu of the economic increase.
5. Effective June 22, 2005, should the employee's salary be within the new
salary band in the C line, the employee's new rate of pay shall be the step in
the C line which is closest to, but not less than, the rate of pay received on
that day. Furthermore the employee shall be entitled to a lump sum in an
annualized amount equivalent to the difference between the value of the economic
increase (i.e. 2.25%) and the actual salary increase, to be paid bi-weekly.
6. Effective June 22, 2005, employees subject to paragraph b) shall receive a
lump sum payment in an annualized amount equivalent to 2.25% of the employee's
rate of pay, to be paid bi-weekly, in lieu of the economic increase.
Definition
B.01 Part-time employee means an employee whose weekly
scheduled hours of work on average are less than those established in
Article 28, but not less than those prescribed in the PSSRA.
General
B.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.
B.03 Part-time employees shall be paid at the straight-time
rate of pay for all work performed up to seven and one-half (7 1/2) hours
in a day or thirty-seven and one-half (37 1/2) hours in a week.
B.04 The days of rest provisions of this agreement apply
only in a week when a part-time employee has worked five (5) days and
the weekly hours specified by this agreement.
B.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
B.06 A part-time employee shall not be paid for the
designated holidays but shall, instead be paid four decimal two
five per cent (4.25%) for all straight-time hours worked.
**
B.07 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 20.01 of this agreement, the employee shall be paid at
time and one-half (1 1/2) of the straight-time rate of pay for
all time worked up to the regular daily scheduled hours of work as specified by
this agreement and double (2T) thereafter.
B.08 A part-time employee who reports for work as directed
on a day which is prescribed as a designated paid holiday for a full-time
employee in clause 20.01 of this agreement, shall be paid for the time
actually worked in accordance with clause B.07, or a minimum of
four (4) hours pay at the straight-time rate, whichever is greater
Overtime
B.09 Overtime means authorized work performed 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.
B.10 Subject to B.09 a part-time employee who is required to
work overtime shall be paid overtime as specified by this agreement.
Call-Back
**
B.11 When a part-time employee meets the requirements to
receive call-back pay in accordance with 31.01(c) and is entitled to receive the
minimum payment rather than pay for actual time worked, the part-time employee
shall be paid a minimum payment of four (4) hours pay at the
straight-time rate.
Reporting Pay
B.12 Subject to B.04, when a part-time employee meets the
requirements to receive reporting pay on a day of rest, in accordance with the
reporting pay provision of this Agreement, and is entitled to receive a minimum
payment rather than pay for actual time worked, the part-time employee shall be
paid a minimum payment of four (4) hours pay at the straight-time rate
of pay.
Bereavement Leave
B.13 Notwithstanding clause B.02, there shall be no
prorating of a "day" in clause 21.02, Bereavement Leave With Pay.
Vacation Leave
**
B.14 A part-time employee shall earn vacation leave credits
for each month in which the employee receives pay for at least twice (2T) the
number of hours in the employee's normal workweek, at the rate for years of
service established in the vacation leave entitlement clause specified by this
Agreement, prorated and calculated as follows:
(a) when the entitlement is nine decimal three seven five (9.375) hours
a month, .250 multiplied by the number of hours in the employee's work week per
month;
(b) when the entitlement is twelve decimal five (12.5) hours a month,
.333 multiplied by the number of the hours in the employee's work week per
month;
(c) when the entitlement is thirteen decimal seven five (13.75) hours a
month, .367 multiplied by the number of hours in the employee's work week per
month;
(d) when the entitlement is fourteen decimal three seven five (14.375)
hours a month, .383 multiplied by the number of hours in the employee's work
week per month;
(e) when the entitlement is fifteen decimal six two five (15.625) hours
a month, .417 multiplied by the number of hours in employee's work week per
month;
(f) when the entitlement is sixteen decimal eight seven five (16.875)
hours a month, .450 multiplied by the number of hours in the employee's workweek
per month;
(g) when the entitlement is eighteen decimal seven five (18.75) hours a
month, .500 multiplied by the number of hours in the employee's workweek per
month;
Sick Leave
B.15 A part-time employee shall earn sick leave credits at
the rate of one-quarter (1/4) of the number of hours in an employee's normal
workweek for each calendar month in which the employee has received pay for at
least twice (2T) the number of hours in the employee's normal workweek.
B.16 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses B.14 and B.15, where
an employee does not work the same number of hours each week, the normal
workweek shall be the weekly average of the hours worked at the straight-time
rate 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
B.17 Where the period of continuous employment in respect of
which 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 as described in
clause 25.03 to produce the severance pay.
The Employer and the Association agree that the following conditions shall
apply to employees for whom variable hours of work schedules are approved
pursuant to the relevant provisions of this Agreement. This Agreement is
modified by these provisions to the extent specified herein.
It is agreed that the implementation of any such variation in hours shall not
result in any additional expenditure or cost by reason only of such variation.
C.01 General Terms
The scheduled hours of work of any day as set forth in a work schedule, may
exceed or be less than the regular workday hours specified by this Agreement;
starting and finishing times, meal breaks and rest periods shall be determined
according to operational requirements as determined by the Employer and the
daily hours of work shall be consecutive.
For shift workers such schedules shall provide that an employee's normal
workweek shall average the weekly hours per week specified in this Agreement
over the life of the schedule. The maximum life of a schedule shall be
six (6) months.
For day workers, such schedules shall provide that an employee's normal
workweek shall average the weekly hours per week specified in this Agreement
over the life of the schedule. The maximum life of a schedule shall be
twenty-eight (28) days.
Whenever an employee changes his or her variable hours or no longer works
variable hours, all appropriate adjustments will be made.
C.02 Conversion of Days to Hours
The provisions of this Agreement which specify days shall be converted to
hours.
Notwithstanding the above, in clause 21.02, Bereavement Leave with Pay,
a "day" will have the same meaning as the provisions of the Collective
Agreement.
Where the Agreement specifies a workweek a day shall be converted to seven
decimal five (7.5) hours.
C.03 Implementation/Termination
Effective the date on which this article applies to an employee, the accrued
leave credits shall be converted from days to hours.
A change to the normal weekly hours of work for an employee will require that
the accrued hourly credits be reverted to days and recalculated at the changed
conversion rate.
Effective the date on which this article ceases to apply to an employee, the
accrued vacation, sick leave and lieu day credits shall be converted from hours
to days.
C.04 Leave - General
When leave is granted, it will be granted on an hourly basis and the hours
debited for each day of leave shall be the same as the hours the employee would
normally have been scheduled to work on that day.
All leave provisions which specify days in this Agreement shall be converted
to hours with one (1) day being equal to seven point five (7.5) hours.
C.05 Specific Application
For greater certainty, the following provisions shall be administered as
provided herein:
Interpretation and Definitions
"Daily rate of pay" - shall not apply.
Travel
Overtime compensation referred to in clause 30.04 of this Agreement
shall only be applicable on a normal day for hours in excess of the employee's
daily scheduled hours of work.
Designated Paid Holidays
(a) designated paid holiday shall account for the normal daily hours
specified by this Agreement.
(b) an employee works on a Designated Paid Holiday, the employee shall be
compensated, in addition to the normal daily hours' pay specified by this
Agreement, according to Article 20 provisions for compensation on a
designated holiday.
Vacation Leave
Employees shall earn vacation at the rates prescribed for their years of
service as set forth in the specific article of this Agreement. Leave will be
granted on an hourly basis and the hours debited for each day of vacation leave
shall be the same as the employee would normally have been scheduled to work on
that day.
Sick Leave
Employees shall earn sick leave credits at the rate prescribed in
Article 22 of this Agreement. Leave will be granted on an hourly basis and
the hours debited for each day of sick leave shall be the same as the employee
would normally have been scheduled to work on that day.
Acting Pay
The qualifying period for acting pay as specified in clause 27.08 shall
be converted to hours.
Exchange of Shifts
On exchange of shifts between employees, the Employer shall pay as if no
exchange had occurred.
Minimum Number of Hours Between Shifts
The provision in this Agreement relating to the minimum period between the
termination and commencement of the employee's next shift shall not apply to an
employee subject to variable hours of work.
General
D.01 An Inmate Custodial Allowance (ICA) shall
be payable to incumbents in some positions in the bargaining unit which are in
Correctional Services Canada, subject to the following conditions.
D.02 The Inmate Custodial 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.
D.03 The payment of the allowance for the Custody of Inmates
is determined by the designated security level of the penitentiary as determined
by Correctional Services Canada.
Amount of ICA
D.04
Inmate Custodial Allowance
Designated Security level of the Penitentiary |
| Maximum |
Multi-Level |
Medium |
Minimum |
| $2,000 |
$1,500 |
$1,000 |
$600 |
Application of ICA
D.05 Inmate Custodial 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 D.02 above are applicable.
D.06 The applicability of ICA to a position and the
position's level of ICA entitlement, shall be determined by the Employer
following consultation with the Association.
D.07 Except as prescribed in clause D.10 below, an employee
shall be entitled to receive ICA for any month in which he or she receives a
minimum of ten (10) days' pay in a position(s) to which ICA applies.
D.08 Except as provided in clause D.09 below, ICA shall
be adjusted when the incumbent of a position to which ICA applies, is appointed
or assigned duties in another position to which a different level of ICA
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 ICA applies, the employee shall receive the higher
allowance, provided he or she has performed duties for at least ten (10)
days as the incumbent of the position to which the higher allowance applies.
D.09 When the incumbent of a position to which ICA applies,
is temporarily assigned a position to which a different level of ICA, or no ICA,
applies, and when the employee's basic monthly pay entitlement in the position
to which he or she is temporarily assigned, plus ICA, if applicable, would be
less than his or her basic monthly pay entitlement plus ICA in his or her
regular position, the employee shall receive the ICA applicable to his or her
regular position.
D.10 An employee will be entitled to receive ICA, in
accordance with the ICA applicable to his or her 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.
D.11 ICA 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
D.12 If, in any month, an employee is disabled or dies prior
to establishing an entitlement to ICA, the ICA benefits accruing to the employee
or the employee's estate shall be determined in accordance with the ICA
entitlement for the month preceding such disablement or death.
E.01 It is recognized that certain full-time indeterminate
employees whose hours of work are regularly scheduled on a shift basis in
accordance with clause 28.03 of this Agreement and who receive Shift
Premiums (clause 33.01) in accordance with Article 33, hereinafter
referred to as a shift work employee, are required to attend certain
proceedings, under this collective agreement as identified in
clause E.01(a) and certain other proceedings identified in
clause E.01(b) which normally take place between the hours of 9 a.m.
to 5 p.m. from Mondays to Fridays inclusive.
When a shift work employee who is scheduled to work on the day of that
proceeding and when the proceeding is not scheduled during the employee's
scheduled shift for that day and when the majority of the hours of his scheduled
shift on that day do not fall between the hours of 9 a.m. to 5 p.m., upon
written application by the employee, the Employer shall endeavour, where
possible, to change the shift work employee's shift on the day of the proceeding
so that the majority of the hours fall between 9 a.m. to 5 p.m. provided that
operational requirements are met, there is no increase in cost to the Employer
and sufficient advance notice is given by the employee.
(a) Certain Proceedings Under This Agreement
(i) PSSRB Proceedings clauses 14.01, 14.02, 14.04, 14.05 and 14.06
(ii) Personnel Selection Leave clause 21.15
(iii) Contract Negotiation and Preparatory Contract Negotiation Meetings
clauses 14.10 and 14.11.
(b) Certain Other Proceedings
(i) Training Courses which the employee is required to attend by the
Employer.
(ii) To write Provincial Certification Examinations which are a requirement
for the continuation of the performance of the duties of the employee's
position.
The Treasury Board Secretariat bulletin entitled Marriage Leave and Same-Sex
Couples dated 12 August 2003 will be in force for the duration of the present
collective agreement unless the parties decide otherwise.
SIGNED AT OTTAWA, this 29th day of the month of
November 2004.
TREASURY BOARD
OF CANADA |
|
CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES |
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