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

"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

"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 »);

**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 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.

9.06

(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 11
INFORMATION

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 19
LEAVE GENERAL

(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.

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.

19.06 When 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.

(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

(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.

20.10 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

(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or 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, she will be indebted to the Employer for an amount determined as follows:

(allowance received)	X	(remaining period to be worked following her return to work)
		[ total period to be worked as specified in (B)]

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 her new period of employment is sufficient to meet the obligations specified in section (B).

(i) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.

Arbitral Award effective October 14, 2004

(ii) Notwithstanding the above, at the option of the employee, the parental leave can be taken in two (2) periods of consecutive weeks, to a maximum of thirty-seven (37) weeks.

(i) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child comes into the employee's care.

Arbitral Award effective October 14, 2004

(ii) Notwithstanding the above, at the option of the employee, the parental leave can be taken in two (2) periods of consecutive weeks, to a maximum of thirty-seven (37) weeks.

(i) where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,

(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,

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.

(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:

(allowance received)	X	(remaining period to be worked following his/her return to work)
		[ total period to be worked as specified in (B)]

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).

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;

(ii) for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period.

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

(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.

(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.

(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.

(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.

(i) to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;

(ii) to provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;

(iii) to provide for the immediate and temporary care of an elderly member of the employee's family;

(iv) for needs directly related to the birth or to the adoption of the employee's child.

(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.

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,

(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.

(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.

ARTICLE 22
SICK LEAVE WITH PAY

Credits

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

22.04 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.

ARTICLE 23
CAREER DEVELOPMENT

23.02 Attendance at Conferences and Conventions

(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.

(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.

23.03 Professional Development

(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:

(i) to participate in seminars, workshops, courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields,

(ii) to conduct research or to perform work related to their normal research programs in institutions or locations other than those of the Employer,

(iii) to carry out research in the employee's field of specialization not specifically related to the employee's assigned work projects when in the opinion of the Employer such research is needed to enable the employee to fill his or her present role more adequately.

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.

ARTICLE 24
VACATION LEAVE WITH PAY

Accumulation of Vacation Leave Credits

(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)

Carry-Over of Vacation Leave

24.07

(vi) An employee liquidating leave under (i) or (ii) 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 plus the portion of excess annual leave that was not required to be liquidated under (i) or (ii).

(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.

Cancellation of Vacation Leave

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 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 27
PAY ADMINISTRATION

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:

(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefor;

(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the bargaining unit during the retroactive period;

(iii) for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;

(iv) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;

(v) no payment nor notification shall be made pursuant to clause 27.03(b) for one dollar ($1.00) or less.

27.08

(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.

ARTICLE 28
HOURS OF WORK AND 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;

(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.

28.13 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.

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.

ARTICLE 30
TRAVELLING TIME

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.

30.08 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.

**ARTICLE 33
SHIFT AND WEEKEND PREMIUMS

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.

ARTICLE 35
DISCIPLINE

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.

ARTICLE 39
NATIONAL JOINT COUNCIL AGREEMENTS

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:

Occupational Safety and Health

During the term of this Collective Agreement, other directives, policies or regulations may be added to the above noted list.

ARTICLE 49
MATERNITY-RELATED REASSIGNMENT OR LEAVE

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.

ARTICLE 53
DURATION

**APPENDIX "A"

ECONOMICS AND SOCIAL SCIENCE SERVICES GROUP
ANNUAL RATES OF PAY

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)

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.

APPENDIX "B"

PART-TIME EMPLOYEES

Designated Holidays

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.

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.

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;

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;

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;

**APPENDIX "D"

INMATE CUSTODIAL ALLOWANCE

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

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,

(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:

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.

**APPENDIX "F"

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TREASURY BOARD OF CANADA
(HEREINAFTER CALLED THE EMPLOYER)
AND
THE CANADIAN ASSOCIATION OF PROFESSIONAL EMPLOYEES
IN RESPECT OF MARRIAGE LEAVE

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.


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