Audit, Commerce and Purchasing AV (AU, CO, PG) 204/309/311 (Archived)

List of Changes

List of Changes to the Agreement
Between the Treasury Board and
The Professional Institute of the Public Service
of Canada - Audit, Commerce and Purchasing

ARTICLE 8
HOURS OF WORK

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Terms and Conditions Governing the Administration of Variable Hours of Work

8.06 The Employer and the Institute agree that for those employees to whom the provisions of clause 8.05 apply, the provisions of this Agreement which specifies days shall be converted to hours. Where this Agreement refers to a "day", it shall be converted to seven and one-half (7 1/2) hours, except in clause 17.02, Bereavement Leave with pay, where a day means a calendar day. Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

8.07 For greater clarity, the following provisions of this Agreement shall be administered as provided herein:

(a) Interpretation and Definitions (paragraph 2.01(e))

"Daily rate of pay" - shall not apply.

(b) Overtime (paragraph 9.01(a))

Overtime shall be compensated for all work performed in excess of an employee's scheduled hours of work on normal working days.

(c) Designated Paid Holidays (paragraph 9.01(e))

A designated paid holiday shall account for seven and one-half (7 1/2) hours.

(d) Travel (clause 13.01)

Overtime compensation referred to in clause 13.01 shall only be applicable on a work day for hours in excess of the employee's daily scheduled hours of work.

(e) Leave

When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day.

The converted amounts are as follows:

ARTICLE 9
OVERTIME

9.01 When an employee is required by the Employer to work overtime he shall be compensated as follows:

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(a) on his normal work day, at the rate of time and one-half (1 1/2) for each hour of overtime worked for the first seven and one-half (7 1/2) overtime hours worked and double (2) time thereafter;

9.06

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(a) An employee who works three (3) or more hours of overtime immediately before or immediately following his scheduled hours of work shall be reimbursed for one meal in the amount of nine dollars and fifty cents ($9.50), except where free meals are provided. Effective June 22, 2002, this reimbursement is increased to ten dollars ($10.00). 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 his place of work.

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(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, he shall be reimbursed for one additional meal in the amount of nine dollars and fifty cents ($9.50), except where free meals are provided. Effective June 22, 2002, this reimbursement is increased to ten dollars ($10.00). Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that he may take a meal break either at or adjacent to his place of work.

ARTICLE 13
TRAVELLING TIME

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Effective April 1, 2002

13.09 Travel Status Leave

(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one additional day off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.

(b) The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.

(c) This leave with pay is deemed to be compensatory leave and is subject to the clause 9.04.

(d) The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

ARTICLE 14
LEAVE - GENERAL

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14.09

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

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

(c) Notwithstanding the above, in paragraph 17.02, Bereavement Leave with Pay, a "day" will mean a calendar day.

ARTICLE 15
VACATION LEAVE

15.02 Accumulation of Vacation Leave Credits

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

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

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

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

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15.07 Carry-Over and Liquidation of Vacation Leave

(a) Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, the employee may carry over into the following vacation year up to a maximum of thirty-five (35) days credits. All vacation credits in excess of thirty-five (35) days will be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in his certificate of appointment of his substantive position on the last day of the vacation year.

(c) Notwithstanding paragraph (a), if on the date of signing of this Agreement or on the date an employee becomes subject to this Agreement, he or she has more than two hundred and sixty-two point five (262.5) hours of unused vacation leave credits earned during previous years, a minimum of seventy-five (75) hours credit per year shall be granted, or paid in cash by March 31^st of each year, until all vacation leave credits in excess of two hundred and sixty-two point five (262.5) hours have been liquidated. Payment shall be in one instalment per year, and shall be at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on March 31^st of the applicable previous vacation year.

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15.17 Appointment from a Separate Employer

The Employer agrees to accept the unused vacation and furlough leave credits up to a maximum of thirty-five (35) days of an employee who resigns from an organization listed in Part II of Schedule I of the Public Service Staff Relations Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY

Bereavement Leave with Pay

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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, grandchild, father-in-law, mother-in-law, the employee's grandparents and relative permanently residing in the employee's household or with whom the employee permanently resides.

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

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

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(d) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater and/or in a manner different than that provided for in paragraphs 17.02(a) and 17.02(b).

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Transitional Provision for clause 17.04

If, on the date of signature of the Memorandum of Agreement modifying the provisions of clause 17.04, an employee is currently on maternity leave without pay or has requested a period of maternity leave but has not commenced the leave, she shall upon request be entitled to the provisions of this clause. Any application must be received before the termination date of the leave period originally requested.

17.04 Maternity Allowance

(a)

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

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Transitional Provision for clauses 17.06 and 17.07

If, on the date of signature of the Memorandum of Agreement modifying the provisions of clauses 17.06 and 17.07, an employee is currently on parental leave without pay or has requested a period of such leave without pay but has not commenced the leave, he or she shall upon request be entitled to the provisions of these clauses. Any application must be received before the termination date of the leave period originally requested.

17.06 Parental Leave Without Pay

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

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

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

17.07 Parental Allowance

(a)

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

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17.09 Leave Without Pay for the Care of Immediate Family

Transitional provisions

An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent under clauses 17.09 or 17.13 of the agreement expired on 21 June 2000, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

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

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

This article is also applicable to employees who have been granted Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or Leave Without Pay for the Long-Term Care of a Parent before the signature of the present agreement and have proceeded on leave on or after the date of signature of this agreement.

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

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

(b) an employee shall notify the Employer in writing as far in advance as possible but not less then 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;

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

(d) the total leave granted under this clause shall not exceed five (5) years during an employee's total period of employment in the Public Service;

(e) leave granted under this clause for a period of more than three (3) months shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and from the calculation of "service" for the purpose of calculating vacation leave;

(f) time spent on such leave shall not be counted for pay increment purposes.

17.12 Leave With Pay for Family-Related Responsibilities

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

(b)

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17.13 Volunteer Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;

The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

17.16 Injury-on-Duty Leave With Pay

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if the employee agrees to pay to the Receiver General of Canada any amount received for loss of wages in settlement of any claim the employee may have in respect of such injury, sickness or exposure, providing, however, that such amount does not stem from a personal disability policy for which the employer or the employee's agent paid the premium.

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17.19 Maternity-related Reassignment or Leave

(a) An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24^th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.

(b) An employee's request under clause 44.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.

(c) An employee who has made a request under clause 44.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:

(d) Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.

(e) Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.

(f) An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

(g) Notwithstanding paragraph (e), for an employee working in an institution where she is in direct and regular contact with offenders, if the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence with pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than at the time the employee proceeds on Maternity Leave Without Pay or the termination date of the pregnancy, whichever comes first (1^st).

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17.20 Medical Appointment for Pregnant employees

(a) Up to half (1/2) a day of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

(b) Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

17.21 Leave With or Without Pay for Other Reasons

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(b) Personal Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay for reasons of a personal nature.

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

ARTICLE 18
CAREER DEVELOPMENT

Attendance at Conferences and Conventions

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(a) Career development refers to an activity which is in the opinion of the Employer likely to be of assistance to the individual in furthering his career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:

ARTICLE 19
SEVERANCE PAY

19.01

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(b) Resignation

On resignation, subject to paragraph 19.01(d) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (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.

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19.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 19.01 be pyramided.

ARTICLE 21
REGISTRATION FEES

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Clauses 21.02, 21.03 and 21.04 apply to employees classified as AU in the Audit, Commerce and Purchasing Group.

Effective January 1, 2002

21.02 The Employer shall reimburse an employee his annual membership fees paid to either the Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA) or the Association of Certified General Accountants (CGA), when the payment of such fees is a requirement for the continuation of the performance of the duties of his position.

21.03 When the payment of such fees is not a requirement for the continuation of the performance of the duties of an employee's position, but eligibility for a professional accounting designation from one of these associations is a qualification specified in the Standards for Selection and Assessment for the Auditing group, the Employer shall reimburse the employee for his annual membership fees paid to one of the associations referred to in clause 21.02 to a maximum of eight hundred dollars ($800).

21.04 Upon receipt of proof of payment, the reimbursement will commence with fees that become due and are paid following that date. Reimbursement covered by this Article does not include arrears of previous years' dues.

ARTICLE 23
TECHNOLOGICAL CHANGE

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23.02 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;

and

(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.

ARTICLE 25
RECOGNITION

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25.01 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 16, 1999 covering employees of the Audit, Commerce and Purchasing (AV) Group.

ARTICLE 26
CHECK-OFF

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26.04 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 he 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.

ARTICLE 35
NATIONAL JOINT COUNCIL AGREEMENTS

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35.03 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;

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(8) Public Service Health Care Plan Directive;

(9) Relocation Policy;

(10) Commuting Assistance Policy;

(11) Bilingualism Bonus Policy;

Health/Safety Standards (13 to 28)

(13) Boilers and Pressure Vessels;

(14) Dangerous Substances;

(15) Electrical;

(16) Elevating Devices;

(17) First Aid;

(18) Hand Tools and Portable Power Tools;

(19) Hazardous Confined Spaces;

(20) Machine Guarding;

(21) Materials Handling;

(22) Motor Vehicle Operations;

(23) Noise Control and Hearing Conservation;

(24) Personal Protective Equipment;

(25) Pesticides;

(26) Elevated Work Structures;

(27) Use and Occupancy of Buildings;

(28) 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 34.01 of the Article on grievance procedure in this Collective Agreement.

ARTICLE 36
JOINT CONSULTATION

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36.05 The Institute shall notify the Employer in writing of the representatives authorized to act on behalf of the Institute for consultations purposes.

ARTICLE 37
STANDARDS OF DISCIPLINE

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37.02 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 a minimum of one (1) working day's notice of such meeting.

ARTICLE 39
PART-TIME EMPLOYEES

9.13 Vacation Leave

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(c) when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of hours in the employee's work week per month;

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(d) when the entitlement is fourteen decimal three seven five (14.375) hours a month, .383 multiplied by the number of hours in the employee's work week per month;

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(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number of hours in the employee's workweek per month;

ARTICLE 40
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

40.02

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(c) if, during the employee performance review, either the form or instructions have changed they shall be given to the employee.

40.03

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(c) When an employee disagrees with the assessment and/or the appraisal of his work, he shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal. An employee has the right to make written comments to be attached to the performance review form.

ARTICLE 42
SEXUAL HARASSMENT

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42.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.

ARTICLE 43
NO DISCRIMINATION

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43.02 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.

ARTICLE 44
PENOLOGICAL FACTOR ALLOWANCE

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

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44.04

Effective Date of Signing:

The value of "X" is set at one thousand and nine hundred dollars ($1,900) per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

Effective June 22, 2002:

The value of "X" is set at two thousand dollars ($2,000) per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

ARTICLE 45
PAY ADMINISTRATION

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45.07 Acting Pay

When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for three (3) consecutive working days, the employee shall be paid acting pay calculated from the date on which he commenced to act as if he had been appointed to that higher classification level for the period in which he 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.

ARTICLE 48
DURATION

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48.01 The duration of this Collective Agreement shall be from the date it is signed to June 21, 2003.

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48.03 The provisions of this Collective Agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date of its execution.

SIGNED AT OTTAWA, this 19^th day of the month of December 2001.

**APPENDIX "A"

AUDITING (AU)
ANNUAL RATES OF PAY
(in dollars)

A) Effective June 22, 2000
B) Effective June 22, 2001
C) Effective June 22, 2002

**APPENDIX "A"

COMMERCE (CO)
ANNUAL RATES OF PAY
(in dollars)

A) Effective June 22, 2000
B) Effective June 22, 2001
C) Effective June 22, 2002

 PAY NOTES

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2. An employee being paid in the CO (Development) scale of rates shall be paid as follows: