Applied Science and Engineering Groups (AC, AG, AR, BI, CH, EN, FO, MT, PC, SG-PAT, SG-SRE) (Archived)

Agreement - Applied Science and Engineering - List of Changes

List of Changes to the Agreement
Between the Treasury Board and The
Professional Institute of the Public Service
of Canada - Applied Science and Engineering

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01

**

"common-law spouse" a common-law spouse relationship is said to exist when, for a continuous period of at least one year, an employee has lived with a person, publicly represented that person to be his/her spouse, and lives and intends to continue to live with that person as if that person were his/her spouse (« conjoint de fait »);

**

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

ARTICLE 8
HOURS OF WORK

Shift Premium

**

8.19 An employee working a regularly scheduled shift will receive a shift premium of one dollar and fifty cents ($1.50) per hour for each hour worked, including overtime hours, between 1600 and 0800.

Weekend Premium

**

8.20 This clause does not apply to the MT Group.

Employees shall receive an additional weekend premium of one dollar and fifty cents ($1.50) for all scheduled hours worked at straight-time hourly rates on Saturday and/or Sunday.

**

8.21 This clause applies to the MT Group.

(a) Subject to the conditions of this clause, where the Employer has a seven (7) day week operation with rotating shifts on a continuing and annual basis, an employee working in such an operation shall receive a premium of one dollar and fifty cents ($1.50) per hour for all regularly scheduled hours at straight-time rates worked on Saturday and/or Sunday plus shift premium if applicable.

(b) An employee will be eligible to receive such a premium only if rotating shift schedules applicable to him recurrently designate all days in the week as regular working days. However, the foregoing shall not apply in cases where an employee requests to work on Saturday and/or Sunday under other than such a rotating shift schedule.

ARTICLE 9
OVERTIME

**

9.01 When an employee is required by the Employer to work overtime, the employee shall be compensated 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.

**

9.06 Upon application by the employee and at the discretion of the Employer, compensation earned under this Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this Article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on September 30.

**

9.08

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's scheduled hours of work shall be reimbursed for one meal in the amount of nine dollars ($9.00), except where free meals are provided. Reasonable time with pay to be determined by the Employer shall be allowed the employee in order to take a meal either at or adjacent to the employee's place of work.

(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 nine dollars ($9.00) except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.

(c) Paragraphs 9.08(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

ARTICLE 10
CALL-BACK

**

10.01 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 the employee's work for the day and has left the employee's place of work,

and returns to work, the employee shall be paid the greater of:

(i) the minimum of three (3) hours' pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours' pay in an eight (8)-hour period,

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.

ARTICLE 11
STANDBY

**

11.03

(a) An employee required to be on standby duty shall be available during the period of standby at a known telephone number and be able to return for duty as quickly as possible if called.

(b) In areas and in circumstances where the Employer deems that electronic communication devices are both practicable and efficient, they will be provided without cost to those employees on standby duty.

**

11.06 At the Employer's discretion, compensation for standby may be given by granting equivalent time off in lieu of a cash payment. If such time off cannot be granted within the quarter in which it is earned then cash payment will be made.

ARTICLE 13
TRAVELLING TIME

13.01

(b)

**

(ii) at the applicable overtime rate for additional travel time in excess of a seven and one-half (7 1/2) hour period 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 in any day;

**

(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.

ARTICLE 15
VACATION LEAVE

Accumulation of Vacation Leave Credits

15.02

**

(c) one and eleven-twelfths (1 11/12) days commencing with the month in which the employee's seventeenth (17^th) anniversary of service occurs;

**

(d) two and one-twelfth (2 1/12) days commencing with the month in which the employee's eighteen (18^th) anniversary of service occurs;

**

(e) two and one-third (2 1/3) days commencing with the month in which the employee's twenty-eight (28^th) anniversary of service occurs;

Replacement of Vacation Leave

**

15.07 Where, in respect of any period of vacation leave, an employee:

(a) is granted bereavement leave,

or

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

or

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

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

ARTICLE 16
SICK LEAVE

Credits

16.01

**

(b) A shift worker shall earn additional sick leave credits at the rate of one-sixth (1/6) of a day for each calendar month during which he works shifts and receives pay for at least ten (10) days. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used fifteen (15) sick leave credits during the current fiscal year.

**

16.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 16.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to twenty-five (25) days, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for other than death or lay-off, the recovery of the advance from any monies owed the employee.

**

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

**

16.08 An employee shall not be terminated for cause for reason of incapacity pursuant to Section 11(2)(g) of the Financial Administration Act at a date earlier than the date at which the employee will have used his accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which injury-on-duty leave has been granted pursuant to clause 17.16.

ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY

**

17.02 Bereavement Leave With Pay

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

(a) When a member of the immediate family dies, an employee:

(i) shall be entitled to a bereavement period of four (4) consecutive calendar days which must include the day of the funeral. During such period, the employee shall be paid for those days which are not regularly scheduled days of rest for that employee;

(ii) in addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

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

(c) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Deputy Head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater or in a manner other than that provided for in sub-paragraph 17.02(a)(i) and paragraph 17.02(b).

(d) If, during a period of paid leave, an employee is bereaved in circumstances under which the employee would have been eligible for bereavement leave under this clause, the employee shall be granted bereavement leave and the employee's paid leave credits shall be restored to the extent of any concurrent bereavement leave granted.

**

17.06 Parental Leave without Pay

(a) An employee who becomes a parent through the birth of a child or the adoption of a child below the age of majority shall, upon request, be granted parental leave without pay for a single period of up to thirty-five (35) consecutive weeks, or thirty-seven (37) consecutive weeks where the employee is subject to a waiting period referred to in 17.07(b)(i)(A), beginning on or after the date of the child's birth or the date of acceptance of custody of the child for adoption.

(b) The period of parental leave without pay shall end:

(i) where the period of maternity leave without pay as described in 17.03(a)(i) above, is followed by a period of parental leave without pay taken by the employee, or in the case of a Public Service couple, by the employee's spouse, no later than fifty-two (52) weeks after the child is born;

(ii) where the period of maternity leave without pay is extended as described in 17.03(a)(i)(A) above, is followed by a period of parental leave without pay taken by the employee, or in the case of a Public Service couple, by the employee's spouse, no later than fifty-two (52) weeks after the day the child is born;

and

(iii) in all other cases, no later than fifty-two (52) weeks after the day the child is born or the acceptance of custody of the child for adoption.

(c) 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 birth of the child or as soon as the application for adoption has been approved by the adoption agency.

(d)

(i) The Employer may require an employee to submit a birth certificate or proof of adoption for the child.

(ii) Parental leave without pay taken by a Public Service couple shall not exceed a total of thirty-five (35) weeks for both employees combined, or thirty-seven (37) consecutive weeks where one of the employees is subject to a waiting period referred to in 17.07(b)(i)(A).

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

**

17.07 Parental Allowance

(a) An employee who has been granted parental leave without pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in 17.07(b) below, providing he or she:

(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay;

(ii) provides the Employer with proof that he or she has applied for and is in receipt of Employment Insurance (EI) parental benefits pursuant to section 23 of the Employment Insurance Act in respect of insurable employment with the Employer;

and

(iii) has signed an agreement with the Employer stating that he or she:

(A) will return to work on the expiry date of his or her parental leave without pay, unless this date is modified with the Employer's consent;

(B) within eighteen (18) months of his or her return from parental leave without pay, the employee will work an amount of hours paid at straight-time calculated by multiplying the number of hours in the work week on which the parental allowance was calculated by twenty-six (26);

(C) should the employee fail to return to work as per the provisions of 17.07(a)(iii)(A) and (B) for reasons other than death or 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 17.07(a)(iii)(B), or having become disabled as defined in the Public Service Superannuation Act, the employee recognizes that he or she is indebted to the Employer for the amount received as a parental allowance, proportionate to the amount of hours not worked in relation to the hours to be worked as specified in 17.07(a)(iii)(B) above.

(iv) for the purpose of 17.07(a)(iii)(B), periods of leave with pay shall count as time worked.

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

(i)

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

(B) other than as provided in 17.07(b)(i)(C) below, for each week in respect of which the employee receives EI parental benefits pursuant to section 23 of the Employment Insurance Act, the difference between the gross amount of the EI parental benefits he or she is initially eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay, less any other moneys earned during this period;

(C) where the employee becomes entitled to an extension of parental benefits pursuant to subsection 12(7) of the EI Act, the parental allowance payable under the SUB Plan described in 17.07(b)(i)(B) will be extended by the number of weeks of extended benefits which the employee receives under that subsection.

(ii) The parental allowance to which an employee is entitled is limited to that provided in 17.07(b)(i) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the EI Act.

(iii) The weekly rate of pay referred to in 17.07(b)(i) shall be:

(A) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;

(B) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in 17.07(b)(iii)(A) by the fraction obtained by dividing the employee's straight-time earnings by the straight-time earnings the employee would have earned working full-time during such period.

(iv)

(A) The weekly rate of pay referred to in 17.07(b)(iii) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.

(B) Notwithstanding 17.07(b)(iv)(A), and subject to 17.07(b)(iii)(B), if, on the day immediately preceding the commencement of parental leave without pay, an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.

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

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

**

17.09 Leave Without Pay for the Care and Nurturing of Pre-School Age Children

Subject to operational requirements an employee shall be granted leave without pay for the care and nurturing of the employee's pre-school age children (including children of common-law spouse) in accordance with the following conditions:

**

(a) an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave unless such notice cannot be given because of an urgent or unforeseeable circumstance;

**

(b) leave granted under this clause shall be for a minimum period of three (3) weeks;

17.12 Leave Without Pay for the Long-Term Care of a Parent

**

(b) leave granted under this clause shall be for a minimum period of three (3) weeks;

17.13 Leave With Pay for Family-Related Responsibilities

(b)

**

(i) an employee is expected to make every reasonable effort to schedule medical or dental appointments for dependent family members to minimize or preclude the employee's absence from work; however, when alternate arrangements are not possible an employee shall be granted up to one (1) day for a medical or dental appointment when the dependent family member is incapable of attending the appointment without accompaniment, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify the employee's supervisor of the appointment as far in advance as possible;

ARTICLE 19
SEVERANCE PAY

19.01

**

Resignation

(b) On resignation, subject to paragraph 19.01(c) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one-half (1/2) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.

ARTICLE 20
STATEMENT OF DUTIES

**

20.01 Upon written request, an employee shall be entitled to a complete and current statement of the duties and responsibilities of the employee's position, including the position's classification level, the position rating form and an organization chart depicting the position's place in the organization.

ARTICLE 26
RECOGNITION

**

26.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff Relations Board on June 3, 1999 covering all employees in the Applied Science and Engineering Group as defined in Part I of the Canada Gazette of March 27, 1999.

ARTICLE 36
NATIONAL JOINT COUNCIL AGREEMENTS

36.03

**

(13) Public Service Health Care Plan;

ARTICLE 38
STANDARDS OF DISCIPLINE

**

38.02 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to have a representative of the Institute attend the meeting when the representative is readily available. Where practicable, the employee shall receive in writing a minimum of one (1) working day's notice of such meeting as well as its purpose.

ARTICLE 39
LABOUR DISPUTES

**

39.01 If employees whose normal duties are performed on the premises of other employers are prevented from performing their duties because of a strike or lock-out on the other employer's premises, the employees shall report the matter to the Employer and the Employer will make every reasonable effort to ensure that, so long as work is available, the employees affected are not denied regular pay and benefits to which they would normally be entitled.

ARTICLE 40
PART-TIME EMPLOYEES

Vacation Leave

40.10

**

(c) when the entitlement is one and eleven-twelfths (1 11/12) days a month, twenty-three sixtieth (23/60) of the hours in the employee's work week per month;

**

(e) when the entitlement is two and one-third (2 1/3) days a month, seven-fifteenth (7/15) of the hours in the employee's work week per month;

ARTICLE 46
PAY

Acting Pay

46.08

**

(a) The required number of consecutive working days referred to in clause 46.08 is four (4) consecutive working days;

(b)

**

(i) When an employee whose hours of work are scheduled in accordance with clause 8.02 or 8.06 is required by the Employer to perform substantially, on an acting basis, duties of a higher classification level, for a period of at least four (4) consecutive scheduled working days, the employee shall be paid acting pay calculated as if the employee had been appointed to that higher classification level from the date on which the employee commenced to act for the period in which the employee acts.

ARTICLE 48
DURATION

**

48.01 The duration of this Collective Agreement shall be from the date it is signed to September 30, 2002.

**APPENDIX "A"

AC . ACTUARIAL SCIENCE GROUP
ANNUAL RATES OF PAY

A) Effective October 1, 1999
B) Restructure Effective October 1, 2000
C) Effective October 1, 2000
D) Effective October 1, 2001

**

AC
PAY NOTES

(1) An employee shall, on the relevant effective dates of adjustments to rates of pay, be paid in the (A), (B), (C) and (D) scales of rates at the rate shown immediately below his former rate.

(2) Employees who have been Associate of the Society of Actuaries for more than six (6) years and have been at the maximum rate of pay for AC-1 level and have been on October 1, 2000, will move to the new maximum rate of pay effective October 1, 2000.

(3) Employees who have been Fellow of the Society of Actuaries or Casualty Actuarial Society for more than four (4) years and have been at the maximum rate of pay for AC-2 level on October 1, 2000, will move to the new maximum rate of pay effective October 1, 2000.

(4) The pay increment period for employees paid in the AC-1 to AC-3 scales of rates is twelve (12) months.

(5) AC-1 Pay Scale: Subject to notes (a) to (f) below, AC-1 employees are paid at the appropriate rate in relation to the number of courses and years of experience acquired.

(a) The AC-1 pay notes are effective retroactively to October 1, 1999 for all employees.

(b) In addition to the periodic pay increment in note (4), a further increment for each course passed will be awarded effective January 1^st or July 1^st for courses taken prior to these dates and prescribed by the society of Actuaries (SOA) or the Casualty Actuarial Society (CAS). The SOA seventh and ninth course is respectively the Seminar and the Professional Development. Future reference to the SOA includes CAS.

(c) If the employee obtains three (3) courses without having reached the 5^th increment, the employee will then advance to the 5^th increment and will be awarded one additional increment for each course over three. At the discretion of the Employer, a new hired AC-1 could be awarded additional increments for years of experience acquired.

(d) If the employee obtains six (6) courses without having reached the 11^th increment, the employee will then advance to the 11^th increment and will be awarded one additional increment for each course over six. At the discretion of the Employer, a new hired AC-1 could be awarded additional increments for years of experience acquired.

(e) Progression through the AC-1 pay scales will continue unhindered until the employee has reached the 6^th increment, then advancement beyond the 6^th increment is dependent on the employee having obtained three (3) courses.

(f) Advancement beyond the 12^th increment is dependent on the employee having obtained six (6) courses, or having been an Associate of the Society of Actuaries with at least 15 years of consecutive service and acquired expertise in the actuarial field with the Government of Canada.

(6) Where, during the retroactive period, an employee was paid on initial appointment to the Public Service in the bargaining unit at a rate of pay above the minimum, or was promoted or transferred and paid at a rate of pay above the rate specified by the regulations for promotion or transfer, he shall be paid in the new scale of rates of pay at the rate of pay nearest to but not less than the rate of pay at which he was appointed and, at the discretion of the Employer, may be paid at any rate up to and including the rate shown immediately below the rate he was receiving.

(7) The pay increment date for an employee, appointed to a position in the bargaining unit on promotion, demotion or from outside the Public Service after 27 June, 1978, shall be the first Monday following the pay increment period listed below as calculated from the date of the promotion, demotion or appointment from outside the Public Service. The pay increment periods listed below will not apply to employees appointed prior to 27 June, 1978.

PAY INCREMENT PERIODS

AG - AGRICULTURE GROUP
ANNUAL RATES OF PAY

A) Effective October 1, 1999
B) Effective October 1, 2000
C) Effective October 1, 2001

AG
PAY NOTES

**

(2) An employee being paid in that part of the AG-1 scale of rates identified by ten-dollar ($10) intermediate steps shall be paid:

(a) effective October 1, 1999 in the "A" scale of rates which is nearest to but not more than two point zero per cent  (2.0%) higher than his former rate of pay, rounded to the nearest ten dollars ($10);

(b) effective October 1, 2000 in the "B" scale of rates which is nearest to but not more than two point five per cent (2.5%) higher than his former rate of pay, rounded to the nearest ten dollars ($10).

(c) effective October 1, 2001 in the "C" scale of rates which is nearest to but not more than two point five per cent (2.5%) higher than his former rate of pay, rounded to the nearest ten dollars ($10).

 

AR - ARCHITECTURE AND TOWN PLANNING GROUP
ANNUAL RATES OF PAY

A) Effective October 1, 1999
B) Effective October 1, 2000
C) Effective October 1, 2001

AR
PAY NOTES

(3)

**

(b)

(i) an employee being paid for one (1) or more years in the AR-1 scale of rates shall, effective October 1, 1999, be paid in the (A) scale of rates at the rate of pay which is nearest to but not more than two point zero per cent (2.0%) higher than his former rate of pay provided that the maximum rate in the appropriate scale of rates is not exceeded;

(ii) an employee being paid for one (1) or more years in the AR-1 scale of rates shall, effective October 1, 2000, be paid in the (B) scale of rates at the rate of pay which is nearest to but not more than two point five per cent (2.5%) higher than his former rate of pay provided that the maximum rate in the appropriate scale of rates is not exceeded.

(iii) an employee being paid for one (1) or more years in the AR-1 scale of rates shall, effective October 1, 2001, be paid in the (C) scale of rates at the rate of pay which is nearest to but not more than two point five per cent (2.5%) higher than his former rate of pay provided that the maximum rate in the appropriate scale of rates is not exceeded.