Treasury Board of Canada Secretariat - Government of Canada
Skip to Side MenuSkip to Content Area
Français Contact Us Help Search Canada Site
What's New About Us Policies Site Map Home

Human
Resources
Current Collective Agreements
List of Changes
Printing Specifications
Parental and Maternity Leave
Alternate Format(s)
Printable Version

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

Previous Table of Contents Next
Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.


ARTICLE 18
CAREER DEVELOPMENT

General

18.01 The parties recognize that in order to maintain and enhance professional expertise, employees, from time to time, need to have an opportunity to attend or participate in career development activities described in this Article.

Education Leave

18.02

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

(b) An employee on Education Leave without pay under this clause shall receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee's basic salary. The percentage of the allowance is at the discretion of the Employer. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

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

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

(i) fails to complete the course,

(ii) does not resume employment with the Employer on completion of the course,

or

(iii) ceases to be employed, except by reason of death or lay-off, before termination of the period the employee has undertaken to serve after completion of the course,

the employee shall repay the Employer all allowances paid under this clause during the education leave or such lesser sum as shall be determined by the Employer.

Attendance at Conferences and Conventions

18.03

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

(b) In order to benefit from an exchange of knowledge and experience, an employee shall have the opportunity on occasion to attend conferences and conventions which are related to the employee's field of specialization, subject to operational constraints.

(c) The Employer may grant leave with pay and reasonable expenses including registration fees to attend such gatherings, subject to budgetary and operational constraints.

(d) 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 convention or conference the employee is required to attend.

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

(f) An employee shall not be entitled to any compensation under Article 9, Overtime, and 13, Travelling Time in respect of hours the employee is in attendance at or travelling to or from a conference or convention under the provisions of this clause, except as provided by paragraph (d).

Professional Development

18.04

(a) The parties to this Agreement share a desire to improve professional standards by giving the employees the opportunity on occasion:

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

(ii) to conduct research or 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 assigned work projects when in the opinion of the Employer such research is needed to enable the employee to perform the employee's assigned role.

(b) Subject to the Employer's approval an employee shall receive leave with pay in order to participate in the activities described in paragraph 18.04(a).

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

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

(e) An employee selected for professional development under this clause shall continue to receive the employee's normal compensation including any increase for which the employee may become eligible. The employee shall not be entitled to any compensation under Articles 9, Overtime, and 13, Travelling Time, while on professional development under this clause.

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

Selection Criteria

18.05

(a) Should the Employer establish selection criteria for granting leave under clauses 18.02 through 18.04 for a specified group, a copy of these criteria will be provided to an employee who so requests and to the Institute Representative on the Departmental Career Development Consultation Committee. The Employer, on request, will consult with the Institute Representative on the Committee with regard to the selection criteria.

(b) All applications for leave under clauses 18.02 through 18.04 will be reviewed by the Employer. A list of the names of the applicants to whom the Employer grants leave under clauses 18.02 through 18.04 will be provided to the Institute Representative on the Departmental Career Development Consultation Committee.

Departmental Career Development Consultation Committee

18.06

(a) The parties to this collective agreement acknowledge the mutual benefits to be derived from consultation on Career Development. To this effect the parties agree that such consultation will be held at the departmental level either through the existing Joint Consultation Committee or through the creation of a Departmental Career Development Consultation Committee. A consultation committee as determined by the parties, may be established at the local, regional or national level.

(b) The Departmental Consultation Committee shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.

(c) Employees forming the continuing membership of the Departmental Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.

(d) The Employer recognizes the use of such committees for the purpose of providing information, discussing the application of policy, promoting understanding and reviewing problems.

(e) It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

Joint Institute/Treasury Board Career Development Committee

18.07

(a) In addition to consultation on career development at the departmental level referred to in clause 18.06, the representatives of the Employer and the Institute agree to establish a joint Institute/Treasury Board Career Development Committee.

(b) In establishing this committee, it is understood by the parties that Departments are responsible for the application of the policies related to Career Development.

(c) It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

ARTICLE 19
SEVERANCE PAY

19.01 Under the following circumstances and subject to clause 19.02 an employee shall receive severance benefits calculated on the basis of the employee's weekly rate of pay:

Lay-Off

(a)

(i) On the first lay-off, two (2) weeks' pay for the first complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).

(ii) On second or subsequent lay-off, one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted Severance Pay under 19.01(a)(i) above.

**

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.

Retirement

(c) On retirement, when an employee is entitled to an immediate annuity or to an immediate annual allowance under the Public Service Superannuation Act, a severance payment in respect of the employee's complete period of continuous employment, comprising of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.

Death

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

Termination for Cause for Reasons of Incapacity or Incompetence

(e)

(i) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

(ii) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reasons of termination for cause of reasons of incompetence pursuant to Section 11(2)(g) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

19.02 Severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit by the Public Service, a Federal Crown Corporation, the Canadian Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under clause 19.01 be pyramided.

19.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification of the employee's substantive position on the date of the termination of employment.

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 21
REGISTRATION FEES

21.01 The Employer shall reimburse an employee for payment of membership or registration fees to an organization or governing body where membership is a requirement for the continuation of the performance of the duties of the employee's position.

ARTICLE 22
DIVING ALLOWANCE

22.01 Employees whose job duties require them to dive (as that word is hereinafter defined) shall be paid an extra allowance of thirteen dollars and fifty cents ($13.50) per hour. The minimum allowance shall be two (2) hours per dive.

22.02 A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of a self-contained air supply.

ARTICLE 23
IMMUNIZATION

23.01 The Employer shall provide the employee with immunization against communicable diseases where there is a risk of incurring such diseases in the performance of the employee's duties.

ARTICLE 24
TECHNOLOGICAL CHANGE

24.01 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:

24.02 In this Article "Technological Change" means:

(a) the introduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of employees;

or

(b) a major change in the Employer's operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the employees.

24.03 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.

24.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days written notice to the Institute of the introduction or implementation of technological change.

24.05 The written notice provided for in clause 24.04 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.

24.06 As soon as reasonably practicable after notice is given under clause 24.04, the Employer shall consult with the Institute concerning the effects of the technological change referred to in clause 24.04 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.

24.07 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.

ARTICLE 25
SAFETY AND HEALTH

25.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Institute 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 or occupational illness.

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.

26.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a Collective Agreement and the Employer and the Institute agree to bargain in good faith, in accordance with the provisions of the Public Service Staff Relations Act.

ARTICLE 27
CHECK-OFF

27.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership dues from the monthly pay of all employees in the bargaining unit.

27.02 The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 27.01.

27.03 For the purpose of applying clause 27.01, deductions from pay for each employee in respect of each month will start with the first full month of employment to the extent that earnings are available.

27.04 This clause does not apply to the EN, PC, SG-PAT, CH and AR Groups.

An employee who satisfies the Employer to the extent that he declares in an affidavit that he is a member of a religious organization registered pursuant to the Income Tax Act, whose doctrine prevents him as a matter of conscience from making financial contributions to an employee organization, and that the employee will make contributions to a charitable organization, other than the religious organization named in the affidavit, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee shows the registered number of the religious organization and is countersigned by an official representative of the religious organization involved. A copy of the affidavit will be provided to the Institute.

27.05 This clause applies to the EN and PC Groups only.

An employee who satisfies the Employer to the extent that the employee declares in an affidavit that the employee is a member of a religious organization registered pursuant to the Income Tax Act, whose doctrine prevents the employee as a matter of conscience from making financial contributions to an employee organization, and that the employee will make contributions to a charitable organization equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee shows the registered number of the religious organization and is countersigned by an official representative of the religious organization involved.

27.06 The clause applies to the SG-PAT, CH and AR Groups only.

An employee who satisfies the Employer to the extent that the employee declares in an affidavit that the employee is a member of a religious organization registered pursuant to the Income Tax Act, whose doctrine prevents the employee as a matter of conscience from making financial contributions to an employee organization, and that the employee will make contributions to a charitable organization equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee shows the registered number of the religious organization and is countersigned by an official representative of the religious organization involved. A copy of the affidavit will be provided to the Institute.

27.07 No employee organization, as defined in Section 2 of the Public Service Staff Relations Act, other than the Institute, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

27.08 The amounts deducted in accordance with clause 27.01 shall be remitted to the Institute by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf.

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

27.10 The Institute agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Employer, in which case the liability shall be limited to the amount of the error.

27.11 When it is mutually acknowledged that an error has been committed, the Employer shall endeavour to correct such error within the two (2) pay periods following the acknowledgement of error.

27.12 Where an employee does not have sufficient earnings in respect of any month to permit deductions under this Article the Employer shall not be obligated to make such deductions for that month from subsequent salary.

ARTICLE 28
USE OF EMPLOYER FACILITIES

Access by an Institute Representative

28.01 An accredited representative of the Institute may be permitted access to the Employer's premises on stated Institute business and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer.

Bulletin Boards

28.02 Reasonable space on bulletin boards (including electronic bulletin boards, where available) will be made available to the Bargaining Agent for the posting of official notices, in convenient locations determined by the Employer and the Institute. Notices or other materials shall require the prior approval of the Employer, except notices relating to the business affairs of the Institute and social and recreational events. The Employer shall have 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.

Institute Literature

28.03 The Employer will continue its practice of making available to the Institute a specific location on its premises for the storage and placement of a reasonable quantity of Institute files and literature.

ARTICLE 29
INFORMATION

29.01 The Employer agrees to supply the Institute on a quarterly basis with a list of all employees in the bargaining unit. The list referred to herein shall include the name, employing department, geographical location, classification of the employee and shall be provided within one month following the termination of each quarter. As soon as practicable, the Employer agrees to add to the above list the date of appointment for new employees.

29.02 The Employer agrees to supply each employee with a copy of the Collective Agreement and any amendments thereto.

29.03 Upon the written request of an employee, the Employer shall make available at a mutually satisfactory time National Joint Council Agreements listed in clause 36.03 which have a direct bearing on the requesting employee's terms and conditions of employment.

ARTICLE 30
STEWARDS

30.01 The Employer acknowledges the right of the Institute to appoint Stewards from amongst the members of bargaining units for which the Institute is the certified bargaining agent.

30.02 The Employer and the Institute shall, by mutual agreement, determine the area of jurisdiction of each Steward, having regard to the plan of organization and the distribution of employees.

30.03 The Institute shall inform the Employer promptly and in writing of the names of its Stewards, their jurisdiction, and of any subsequent changes.

Leave for Stewards

30.04 Operational requirements permitting, the Employer shall grant leave with pay to an employee to enable the employee to carry out functions as a Steward on the Employer's premises. When the discharge of these functions require an employee who is a Steward to leave the employee's normal place of work, the employee shall, on returning, report to the supervisor whenever practicable.

ARTICLE 31
LEAVE FOR STAFF RELATIONS MATTERS

31.01 Public Service Staff Relations Board Hearings

Complaints Made to the Public Service Staff Relations Board Pursuant to Section 23 of the Public Service Staff Relations Act

Where operational requirements permit the Employer will grant leave with pay:

(a) to an employee who makes a complaint before the Public Service Staff Relations Board,

and

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

31.02 Applications for Certification, Representations and Interventions With Respect to Applications for Certification

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

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

and

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

31.03 Employee Called as a Witness

The Employer will grant leave with pay:

(a) to an employee called as a witness by the Public Service Staff Relations Board,

and

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

31.04 Arbitration Board, Conciliation Board Hearings and Alternative Dispute Resolution Process

Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board, Conciliation Board or an Alternative Dispute Resolution Process.

31.05 Employee Called as a Witness

The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Conciliation Board or an Alternative Dispute Resolution Process and, where operational requirements permit, leave with pay to an employee called as a witness by the Institute.

31.06 Adjudication

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

(a) a party to an adjudication,

or

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

or

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

31.07 Meetings During the Grievance Process

Employee Presenting Grievance

Where operational requirements permit, the Employer will grant to an employee:

(a) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the headquarters area of such employee;

and

(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

31.08 Employee Who Acts as Representative

Where an employee wishes to represent at a meeting with the Employer, an employee who has presented a grievance, the Employer will, where operational requirements permit, grant leave with pay to the representative when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

31.09 Grievance Investigations

Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.

31.10 Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.

31.11 Preparatory Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

31.12 Meetings Between the Institute and Management

Where operational requirements permit, the Employer will grant leave with pay to an employee to attend meetings with management on behalf of the Institute.

31.13 Institute Meetings and Conventions

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend meetings and conventions provided in the Constitution and By-laws of the Institute.

31.14 Stewards Training Courses

(a) Where operational requirements permit, the Employer will grant leave without pay to employees appointed as Stewards by the Institute, to undertake training sponsored by the Institute related to the duties of a Steward.

(b) Where operational requirements permit, the Employer will grant leave with pay to employees appointed as Stewards by the Institute, to attend training sessions concerning Employer-employee relations sponsored by the Employer.

ARTICLE 32
CONTRACTING OUT

32.01 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.

ARTICLE 33
ILLEGAL STRIKES

33.01 The Public Service Staff Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including discharge, for participation in an illegal strike as defined in the Public Service Staff Relations Act.

ARTICLE 34
INTERPRETATION OF AGREEMENT

34.01 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 should meet within a reasonable time and seek to resolve the problem. This Article does not prevent an employee from using the grievance procedure provided in this Agreement.

ARTICLE 35
GRIEVANCE PROCEDURE

35.01 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 14 of the NJC by-laws.

35.02 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee, within the time limits prescribed in clause 35.10, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

35.03 An employee who wishes to present a grievance at any prescribed step 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 step,

and

(b) provide the employee with a receipt stating the date on which the grievance was received.

35.04 A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

35.05 Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee who feels treated unjustly or aggrieved by an 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 35.03, 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 has the approval of and is represented by the Institute.

35.06 This clause does not apply to the CH, AR and SG-PAT Groups:

There shall be no more than a maximum of four (4) steps in the grievance procedure. These steps shall be as follows:

(a) Step 1 - first level of management;

(b) Steps 2 and 3 in departments or agencies where such steps are established - intermediate step(s);

(c) Final Step - Chief Executive or Deputy Head or an authorized representative.

35.07 This clause applies to the CH, AR and SG-PAT Groups only:

There shall be no more than a maximum of four (4) steps in the grievance procedure. These steps shall be as follows:

(a) Step 1 - first level of management;

(b) Steps 2 and 3 in departments or agencies where such steps are established - intermediate step(s);

(c) Final Step - Deputy Head or Chief Executive Officer or Assistant Deputy Head or Assistant Chief Executive Officer.

35.08 The Employer shall designate a representative at each step 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 Institute.

35.09 An employee who so desires, may be assisted and/or represented by the Institute when presenting a grievance at any step. The Institute shall have the right to consult with the Employer with respect to a grievance at each or any step of the grievance procedure.

35.10 An employee may present a grievance to the first step of the procedure in the manner prescribed in clause 35.03, 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 the grievance.

35.11 An employee may present a grievance at each succeeding step in the grievance procedure beyond the first step either:

(a) where the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision or settlement has been conveyed in writing to the employee by the Employer,

or

(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 35.12, within fifteen (15) days after presentation by the employee of the grievance at the previous step.

35.12 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.

35.13 Where an employee has been represented by the Institute in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Institute with a copy of the Employer's decision at each step of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

35.14 Where a grievance has been presented up to and including the final step in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final step in the grievance process is final and binding and no further action may be taken under the Public Service Staff Relations Act.

35.15 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.

35.16 Where the provisions of clause 35.03 cannot be complied with and 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 day 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 step on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present the grievance at the next higher step shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

35.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate the Institute representative, except as provided in clause 35.19.

35.18 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer and the employee, and, where applicable, the Institute.

35.19 Where the Employer demotes or terminates an employee 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,

and

(b) 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 Institute.

35.20 An employee may by written notice to the employee's immediate supervisor or officer-in-charge abandon a grievance.

35.21 Any employee who fails to present a grievance to the next higher step within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the employee's control, the employee was unable to comply with the prescribed time limits.

35.22 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

35.23 Where an employee has presented a grievance up to and including the final step in the grievance procedure with respect to:

(a) the interpretation or application in respect of the employee of a provision of this Collective Agreement or related Arbitral Award,

or

(b) termination of employment or demotion pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act,

or

(c) disciplinary action resulting in suspension or financial penalty,

and the grievance has not been dealt with to the employee's satisfaction, the employee may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations.

35.24 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of the employee of a provision of this Agreement or an Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Institute 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.

ARTICLE 36
NATIONAL JOINT COUNCIL AGREEMENTS

36.01 Agreements concluded by the National Joint Council (NJC) 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 Collective Agreement, subject to the Public Service Staff Relations Act (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 II of the PSSRA.

36.02 The NJC items which may be included in a Collective Agreement are those items which parties to the NJC Agreements have designated as such or upon which the Chairman of the Public Service Staff Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

36.03 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) Travel Policy;

(3) Withdrawal from Work in Imminent Danger Policy and Procedures;

(4) Isolated Posts Directive;

(5) Clothing Policy;

(6) Living Accommodation Charges Policy;

(7) First Aid to the General Public - Allowance for Employees;

(8) Memorandum of Understanding on the Definition of the Word "Spouse";

(9) Relocation Policy;

(10) Commuting Assistance Policy;

(11) Bilingualism Bonus Policy;

(12) Work Force Adjustment Policy;

**

(13) Public Service Health Care Plan;

Health/Safety Standards (14 to 29)

(14) Boilers and Pressure Vessels;

(15) Hazardous Substances;

(16) Electrical;

(17) Elevating Devices;

(18) First Aid;

(19) Hand Tools and Portable Power Tools;

(20) Hazardous Confined Spaces;

(21) Machine Guarding;

(22) Materials Handling;

(23) Motor Vehicle Operations;

(24) Noise Control and Hearing Conservation;

(25) Personal Protective Equipment;

(26) Pesticide Devices;

(27) Elevated Work Structures;

(28) Use and Occupancy of Buildings;

(29) Sanitation.

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

Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 35.01 of the Article on grievance procedure in this Collective Agreement.

ARTICLE 37
JOINT CONSULTATION

37.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.

37.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding career development. Consultation may be at the local, regional or national level as determined by the parties.

37.03 Wherever possible, the Employer shall consult with representatives of the Institute at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

Joint Consultation Committee Meetings

37.04 The Consultation Committees shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.

37.05 Employees forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.

37.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this collective agreement.

ARTICLE 38
STANDARDS OF DISCIPLINE

38.01 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.

**

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.

38.03 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document concerning the conduct or performance of an employee the existence of which the employee was not aware at the time of filing or within a reasonable time thereafter.

38.04 Notice of 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.

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

Definition

40.01 Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven and one-half (37 1/2) hours per week, but not less than those prescribed in the Public Service Staff Relations Act.

General

40.02 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.

40.03 Part-time employees shall be paid at the hourly 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 unless the employee is working other daily or weekly hours of work as prescribed pursuant to Article 8, Hours of Work, or group specific Articles relating to Hours of Work.

40.04 The days of rest provisions of this Collective Agreement apply only in a week when a part-time employee has worked five (5) days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the hourly rate of pay.

40.05 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

40.06 A part-time employee shall not be paid for the designated holidays but shall instead be paid a premium of four point two five (4.25) per cent for all straight-time hours worked during the period of part-time employment.

40.07 Subject to Article 9, Overtime, 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 12.01 of this Agreement, the employee shall be paid time and one-half (1 1/2) the hourly rate of pay for all hours worked on the holiday.

Overtime

40.08 "Overtime" means work required by the Employer, to be performed by the employee, in excess of those hours prescribed in clause 40.03 but does not include time worked on a holiday.

40.09 Subject to Article 9, Overtime, a part-time employee who is required to work overtime shall be paid at time and one-half (1 1/2) for all overtime hours worked.

Vacation Leave

40.10 A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal work week, at the rate for years of employment established in clause 15.02, prorated and calculated as follows:

(a) when the entitlement is one and one-quarter (1 1/4) days a month, one-quarter (1/4) of the hours in the employee's work week per month;

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

**

(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;

(d) when the entitlement is two and one-twelfth (2 1/12) days a month, five-twelfths (5/12) 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;

(f) when the entitlement is two and one-half (2 1/2) days a month, one-half (1/2) of the hours in the employee's work week per month;

(g) however, a part-time employee who has received or is entitled to receive furlough leave shall have the employee's vacation leave credits earned reduced by one-twelfth (1/12) of the hours in the part-time work week, beginning in the month in which the twentieth (20th) anniversary of continuous employment occurs until the beginning of the month in which the employee's twenty-fifth (25th) anniversary of continuous employment occurs.

Sick Leave

40.11 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 work week for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee's normal work week.

Vacation and Sick Leave Administration

40.12

(a) For the purposes of administration of clauses 40.10 and 40.11, where an employee does not work the same number of hours each week, the normal work week shall be the weekly average 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

40.13 Notwithstanding the provisions of Article 19, Severance Pay, where the period of continuous employment in respect of which a 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 for the appropriate group and level to produce the severance pay benefit.

40.14 The weekly rate of pay referred to in clause 40.13 shall be the weekly rate of pay to which the employee is entitled for the classification prescribed for the employee's substantive position on the date of termination of employment.

ARTICLE 41
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

41.01 For the purpose of this Article:

(a) a formal assessment and/or appraisal of an employee's performance means any written assessment and/or appraisal by any supervisor of how well the employee has performed assigned tasks during a specified period in the past;

(b) formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the Employer for this purpose.

41.02

(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. An employee's signature on his assessment form shall be considered to be an indication only that its contents have been read and shall not indicate the employee's concurrence with the statements contained on the form.

A copy of the employee's assessment form shall be provided to the employee at the time the assessment is signed by the employee.

(b) The Employer's representative(s) 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 evaluated.

41.03 When an employee disagrees with the assessment and/or appraisal, the employee shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal decision.

41.04 Upon written request of an employee, the personnel file of that employee shall be made available once per year for examination by the employee in the presence of an authorized representative of the Employer.

41.05 When a report pertaining to an employee's performance or conduct is placed on that employee's personnel file, the employee concerned shall be given an opportunity to sign the report in question to indicate that its contents have been read.

ARTICLE 42
EMPLOYMENT REFERENCES

42.01 On application by an employee, the Employer shall provide personal references to the prospective employer of such employee indicating length of service, principal duties and responsibilities and performance of such duties. Personal references requested by a prospective employer outside the Public Service will not be provided without the written consent of the employee.

ARTICLE 43
SEXUAL HARASSMENT

43.01 The Institute and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.

43.02

(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

(b) If by reason of 43.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

ARTICLE 44
NO DISCRIMINATION

44.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, disability, family status, marital status, conviction for which a pardon has been granted or membership or activity in the Institute.

ARTICLE 45
PENOLOGICAL FACTOR ALLOWANCE

General

A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining units which are in the Canadian Penitentiary Service, subject to the following conditions.

45.01 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Penitentiary Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group, and is exposed to immediate hazards of physical injury by assault and other disagreeable conditions.

Degrees of Exposure

45.02 The factor recognizes the differences between maximum, medium and minimum security penal institutions, as designated by the Employer, and distinguishes between continual, frequent and limited degrees of exposure, as follows:

Continual

-

means fulfilment of the conditions described in clause 45.01 above throughout the working day and recurring daily.
Frequent

-

means fulfilment of the conditions described in clause 45.01 above for part or parts of the working day and generally recurring daily.
Limited

-

means fulfilment of the conditions described in clause 45.01 above on an occasional basis.

45.03 The payment of the allowance for the Penological Factor is determined by the following formula:

Penological Factor (X)
Type of Institution

Degree of Contact

Maximum

Medium

Minimum

Continual

100%

X

($1600)

50%

X

($800)

30%

X

($480)

Frequent

50%

X

($800)

30%

X

($480)

20%

X

($320)

Limited

30%

X

($480)

20%

X

($320)

10%

X

($160)

45.04 The value of "X" is set at $1600 per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

Application of PFA

45.05 Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 45.01 above are applicable.

45.06 The applicability of PFA to a position and the position's degree of PFA entitlement, shall be determined by the Employer following consultation with the bargaining agent.

45.07 Except as prescribed in clause 45.10 below, an employee shall be entitled to receive PFA for any month in which the employee receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.

45.08 Except as provided in clause 45.09 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different degree of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one position to which PFA applies, the employee shall receive the higher allowance, provided the employee has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.

45.09 When the incumbent of a position to which PFA applies, is temporarily assigned to a position to which a different degree of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to which the employee is temporarily assigned, plus PFA, if applicable, would be less than the employee's basic monthly pay entitlement plus PFA in the employee's regular position, the employee shall receive the PFA applicable to the employee's regular position.

45.10 An employee will be entitled to receive PFA, in accordance with the PFA applicable to the employee's regular position:

(a) during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,

or

(b) during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.

45.11 PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:

Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations

45.12 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.

ARTICLE 46
PAY

46.01 Except as provided in clauses 46.01 to 46.07 inclusive, and the Notes to Appendix "A" of this Agreement, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

46.02 An employee is entitled to be paid for services rendered at:

(a) the pay specified in Appendix "A" for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee's certificate of appointment,

or

(b) the pay specified in Appendix "A" for the classification prescribed in the employee's certificate of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

46.03 The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.

46.04 Only rates of pay and compensation for overtime which has been paid to an employee during the retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the employee.

Pay Administration

46.05 When two or more of the following actions occur on the same date, namely appointment, pay increment, pay revision, the employee's rate of pay shall be calculated in the following sequence:

(a) the employee shall receive the pay increment;

(b) the employee's rate of pay shall be revised;

(c) the employee's rate of pay on appointment shall be established in accordance with this Agreement.

Rates of Pay

46.06 Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of the collective agreement the following shall apply:

(a) "retroactive period" for the purpose of paragraphs (b) to (e) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day the collective agreement is signed or when an arbitral award is rendered therefor;

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

(c) rates of pay shall be paid in an amount equal to what would have been paid had the collective agreement been signed or an arbitral award rendered therefor on the effective date of the revision in rates of pay;

(d) in order for former employees, or in the case of death for the former employees' representatives, to receive payment in accordance with paragraph (c), the Employer shall notify by registered mail such individuals at their last known address that they have thirty (30) days from the date of receipt of the registered letter to request in writing such payment after which time any obligation upon the Employer to provide payment ceases;

(e) no payment nor notification shall be made pursuant to clause 46.06 for one dollar ($1.00) or less.

46.07 This Article is subject to the Memorandum of Understanding signed by the Employer and the Professional Institute of the Public Service of Canada dated July 21, 1982 in respect of red-circled employees.

Acting Pay

46.08 When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the required number of consecutive working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to that higher classification level for the period in which the employee acts.

When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.

**

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

(b) This clause applies to the MT Group only.

**

(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.

(ii) When an employee whose hours of work are scheduled in accordance with clause 8.08 is required by the Employer to perform substantially, on an acting basis, duties of a higher classification level for a period of at least thirty-seven and one-half (37 1/2) consecutive scheduled working hours, exclusive of overtime, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed in that higher classification level for the period in which the employee acts.

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

(c) This clause is applicable to the EN Group only.

An employee who:

(i) normally serves abroad at a number of posts pursuant to a rotational pattern throughout the span of the employee's career,

or

(ii) is willing to serve abroad at a number of posts pursuant to a rotational pattern throughout the span of the employee's career, but as a consequence of work-related reasons, performs the employee's duties at one or a few posts abroad,

is not entitled to acting pay.

ARTICLE 47
AGREEMENT RE-OPENER

47.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one calendar month after receipt of such notice.

ARTICLE 48
DURATION

**

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

48.02 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date it is signed.

SIGNED AT OTTAWA, this 21st day of the month of December 2000.

THE TREASURY BOARD
OF
CANADA

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

First Signature Page AP Agreement (19920 bytes)

Display full size graphic

THE TREASURY BOARD
OF
CANADA

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

Second Signature Page AP Agreement (13140 bytes)

Display full size graphic

 

 
Previous Table of Contents Next