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
Part 1 - General
Part 2 - Working Conditions
Part 3 - Staff Relations Matters
Part 4 - Other Terms And Conditions
Part 5 - Pay And Duration
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
List of Changes
Memorandum of Understanding
Printing Specifications
Alternate Format(s)
Printable Version

Computer Systems Administration (CS) (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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.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 28
STEWARDS

28.01 The Employer acknowledges the right of the Institute to appoint stewards from amongst the members of the bargaining unit for which the Institute is the certified bargaining agent.

28.02 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.

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

28.04 A steward shall obtain the permission of his immediate supervisor before leaving his work to investigate with fellow employees complaints of an urgent nature, to meet with local management for the purpose of dealing with such complaints or problems, and to attend meetings called by management. Such permission shall not be unreasonably withheld. After the Steward resumes his duties, he shall so notify his supervisor as soon as practicable.

ARTICLE 29
LEAVE FOR STAFF RELATIONS MATTERS

29.01 Public Service Staff Relations Board Hearings

(1) 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 on his own behalf 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.

(2) 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.

(3) 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.

29.02 Arbitration Board Hearings, Conciliation Board Hearings and Alternate Dispute Resolution Process

(1) Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board, Conciliation Board or in an Alternate Dispute Resolution Process.
(2) 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 in an Alternate Dispute Resolution Process and, where operational requirements permit, leave with pay to an employee called as a witness by the Institute.

29.03 Adjudication

(1) Employee who is a Party

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

(2) Employee who Acts as Representative

Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee who is a party.

(3) Employee called as a Witness

Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who is a party.

29.04 Meetings During the Grievance Process

(1) 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.

(2) 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.

(3) 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.

29.05 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.

29.06 Preparatory Contract Negotiations Meetings

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

29.07 Meetings Between the Institute and Management

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

29.08 Institute Official Meetings and Conventions

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend meetings and conventions provided in the constitution and by-laws of the Institute.

29.09 Representatives' Training Courses

Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Institute to undertake training related to the duties of a representative.

29.10 Determination of Leave Status

Where the status of leave requested cannot be determined until the Public Service Staff Relations Board or an adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate leave status.

ARTICLE 30
CONTRACTING OUT

30.01 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 31
ILLEGAL STRIKES

31.01 The Public Service Staff Relations Act provides penalties for engaging in illegal strikes. Both parties agree that 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 32
INTERPRETATION OF AGREEMENT

32.01 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 availing himself of the grievance procedure provided in this Agreement.

ARTICLE 33
GRIEVANCE PROCEDURE

33.01 In cases of alleged misinterpretation or misapplication arising out of 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, the grievance procedure will be in accordance with section 14.0 of the NJC by-laws.

33.02 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 an employee, within the time limits prescribed in clause 33.09, gives notice that he 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.

33.03 An employee who wishes to present a grievance at any prescribed step in the grievance procedure, shall transmit this grievance to his 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 by him.

33.04 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.

33.05 Subject to and as provided in section 91 of the Public Service Staff Relations Act, an employee who feels that he has been treated unjustly or considers himself 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 33.03, except that:

(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with his 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, he is not entitled to present the grievance unless he has the approval of and is represented by the Institute.

33.06 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 his authorized representative.

33.07 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.

33.08 If he so desires, an employee 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.

33.09 An employee may present a grievance to the first step of the procedure in the manner prescribed in clause 33.03, not later than the twenty-fifth (25th) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to grievance.

33.10 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 him, within ten (10) days after that decision or settlement has been conveyed in writing to him by the Employer;

or

(b) where the Employer has not conveyed a decision to him within the time prescribed in clause 33.11, within fifteen (15) days after he presented the grievance at the previous step.

33.11 The Employer shall normally reply to an employee's grievance at any step of the grievance procedure, except the final step, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final step.

33.12 Where an employee has been represented by the Institute in the presentation of his 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.

33.13 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.

33.14 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.

33.15 Where the provisions of clause 33.03 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 his 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.

33.16 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 33.18.

33.17 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.

33.18 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.

33.19 An employee may, by written notice to his immediate supervisor or officer-in-charge, abandon a grievance.

33.20 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 his control, he was unable to comply with the prescribed time limits.

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

33.22 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 him 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 a financial penalty;

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

33.23 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him 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 34
NATIONAL JOINT COUNCIL AGREEMENTS

34.01 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 III of the PSSRA.

34.02 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.

34.03 The following directives, policies or regulations, as amended from time to time by NJC recommendation and which have been approved by the Treasury Board of Canada, form part of this Collective Agreement:

(1) Foreign Service Directives

(2) Travel Directive

(3) Withdrawal from Work in Imminent Danger Directive

(4) Isolated Posts Directive

(5) Clothing Directive

(6) Living Accommodation Charges Directive

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

(8) Memorandum of Understanding on the Definition of the Word .Spouse'

(9) Relocation Directive

(10) Commuting Assistance Directive

(11) Bilingualism Bonus Policy

(12) Work Force Adjustment Directive

**

(13) Public Service Health Care Plan Directive

Safety and Health Standards (14-29)

(14) Boilers and Pressure Vessels

(15) Dangerous 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) Pesticides

(27) Elevated Work Structures

(28) Use and Occupancy of Buildings

(29) Sanitation.

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

34.05 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 33.01 of the Article on grievance procedure in this Collective Agreement.

ARTICLE 35
JOINT CONSULTATION

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

35.02 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.

35.03 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.

35.04 Joint Consultation Committee Meetings

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.

35.05 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.

35.06 Joint consultation committees are prohibited from agreeing to items which would alter any provision of this Collective Agreement.

ARTICLE 36
STANDARDS OF DISCIPLINE

36.01 Where written departmental Standards of Discipline are developed, the Employer agrees to supply sufficient information on the Standards of Discipline to each employee and to the Institute.

36.02 The Employer agrees to consult with the Institute when existing written Standards of Discipline are to be amended. The Employer further agrees to carefully consider and, where appropriate, introduce Institute recommendations on the matter.

36.03 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.

36.04 The Employer agrees not to introduce as evidence in a hearing related to disciplinary action any document or written statement concerning the conduct of an employee unless that employee has been provided with a copy of that document or statement within a reasonable period before that hearing.

36.05 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.


PART 4 - OTHER TERMS AND CONDITIONS

ARTICLE 37
PART-TIME EMPLOYEES

Definition

37.01 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

37.02 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.

37.03 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.

37.04 Leave will only be provided:

(i) during those periods in which employees are scheduled to perform their duties;

or

(ii) where it may displace other leave as prescribed by this Agreement.

Designated Holidays

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

37.06 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.

37.07 Overtime means:

(i) in the case of a part-time employee, authorized work in excess of seven and one-half (7 1/2) hours per day or thirty-seven and one-half (37 1/2) hours per week but does not include time worked on a holiday;

(ii) in the case of a part-time employee whose normal scheduled hours of work are in excess of seven and one-half (7 1/2) hours per day in accordance with clause 37.13 of this article, authorized work in excess of those normal scheduled daily hours or an average of thirty-seven and one-half (37 1/2) hours per week.

**

37.08 Subject to clause 8.05 of Article 8, Overtime, a part-time employee who is required to work overtime shall be paid at time and one half for all overtime hours, except where an employee works more than seven and one-half (7 1/2) overtime hours in any workday the employee shall be paid at double (2) time after the first seven and a half (7 1/2) overtime hours until the conclusion of the overtime requirement.

Vacation Leave

37.09 A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice 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

37.10 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

37.11

(a) For the purposes of administration of clauses 37.09 and 37.10, 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

37.12 Notwithstanding the provisions of Article 19, Severance Pay, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full- and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.

Variable Hours of Work

37.13 Upon request of an employee and with the concurrence of the Employer, a part-time employee may complete his scheduled weekly hours of work in a manner that permits such an employee to work in excess of seven and one-half (7 1/2) hours in any one day provided that over a period of twenty-eight (28) calendar days the part-time employee works an average of his or her scheduled weekly hours of work. As part of this clause, attendance reporting shall be mutually agreed between the employee and the Employer.

37.14 For an employee who completes required hours of work pursuant to 37.13, the definition of "daily rate of pay" clause 2.01(c) of Article 2 shall not apply.

ARTICLE 38
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

38.01 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 his assigned tasks during a specified period in the past;

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

38.02

(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 his concurrence with the statements contained on the form. A copy of the employee's assessment form shall be provided to him at the time the assessment is signed by the employee.

(b) The Employer's representative(s) who assess 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.

(c) An employee has the right to make written comments to be attached to the performance review form.

38.03 When an employee disagrees with the assessment and/or 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 decision.

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

38.05 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 39
EMPLOYMENT REFERENCES

39.01 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.

ARTICLE 40
PENOLOGICAL FACTOR ALLOWANCE

40.01 A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit which are in the Correctional Service Canada, subject to the conditions set forth in Appendix "C" to this Agreement.

ARTICLE 41
PUBLICATIONS AND AUTHORSHIP

41.01 The Employer agrees to continue the past practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.

41.02 The Employer agrees that original articles, professional and technical papers prepared by an employee, within the scope of his employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for the publication of original articles or professional and technical papers in professional media. At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.

41.03 When an employee acts as a sole or joint author or editor of an original publication, his authorship or editorship shall normally be shown on the title page of such publication.

41.04

(a) The Employer may suggest revisions to material and may withhold approval to publish an employee's publication.

(b) When approval for publication is withheld, the author(s) shall be so informed.

(c) Where the Employer wishes to make changes in material submitted for publication with which the author does not agree, the employee shall not be credited publicly if he so requests.

ARTICLE 42
SEXUAL HARASSMENT

42.01 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 workplace.

42.02

(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 clause 42.02(a), a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

ARTICLE 43
NO DISCRIMINATION

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

ARTICLE 44
MATERNITY-RELATED REASSIGNMENT OR LEAVE

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

44.02 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.

44.03 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:

(a) modifies her job functions or reassigns her,

or

(b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

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

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

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

ARTICLE 45
MEDICAL APPOINTMENT FOR PREGNANT EMPLOYEES

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

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

ARTICLE 46
RELIGIOUS OBSERVANCE

46.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

46.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange ( in the case of a shift worker) in order to fulfill their religious obligations.

46.03 Notwithstanding clause 46.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

46.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.


PART 5 - PAY AND DURATION

ARTICLE 47
PAY
ADMINISTRATION

47.01 Except as provided herein, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

47.02 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 he is appointed, if the classification coincides with that prescribed in his certificate of appointment;

or

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

47.03

(a) The rates of pay set forth in Appendix "A" of this Agreement shall become effective on the dates specified therein.

(b) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this Agreement the following shall apply:

(i) retroactive period for the purpose of sub-clauses 47.03(b)(ii) to (v) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day this Agreement is signed or when an arbitral award is rendered therefor;

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

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

(iv) in order for former employees or, in the case of death, for the former employees' representatives to receive payment in accordance with sub-clause 47.03(b)(ii), 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;

(v) no payment or no notification shall be made pursuant to clause 47.03(b) for one dollar ($1) or less.

47.04 Where a salary increment and a salary revision are effected on the same date, the salary increment shall be applied first and the resulting rate shall be revised in accordance with the salary revision.

**

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

47.06

(a) The pay increment period for employees at level CS-1 shall be six (6) months at rates one to eight (1-8).

(b) Notwithstanding clause 47.06(a), an increase from the third (3rd), fourth (4th) or fifth (5th) rate to the sixth (6th) rate, and from the seventh (7th) or eighth (8th) rate to the ninth (9th) rate shall become effective the date on which the deputy head certifies that the employee has attained the requirements specified by the Employer for payment at that rate with the pay increment date for the employee calculated from the date the employee becomes entitled to that rate.

(c) Each pay increment period for rates nine to thirteen (9-13) of level CS-1 and the pay increment period at levels CS-2 to CS-5 inclusive shall be twelve (12) months.

(d) The pay increment date for an employee appointed on or after December 2, 1997, to a position in the bargaining unit on promotion, demotion, or appointment from outside the Public Service shall be the anniversary date of such appointment.

(e) For employees appointed prior to December 2, 1997, their anniversary date will be the date on which the employee received his last pay increment.

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

47.08 With reference to Appendix "A", an employee shall, on the relevant effective dates of adjustments to rates of pay, be paid in the scale of rates at the rate shown immediately below his former rate.

ARTICLE 48
AGREEMENT REOPENER

48.01 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 (1) calendar month after receipt of such notice.

ARTICLE 49
DURATION

**

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

49.02 Unless otherwise expressly stipulated, the provisions of this agreement shall become effective on the date it is signed.

SIGNED AT OTTAWA, this 28th day of the month of June 2001.

THE TREASURY BOARD OF CANADA

 

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

Signature Page - CS Agreement

Display full size graphic


**APPENDIX "A"

CS - COMPUTER SYSTEMS GROUP
ANNUAL RATES OF PAY

A) Effective May 1st, 2000 (Restructure)
B) Effective May 1st, 2000
C) Effective May 1st, 2001 (Restructure)
D) Effective May 1st, 2001

CS-01

From:

$

27114

28575

30033

31494

32960

34418

35886

To:

A

27114

28575

30033

31494

32960

34418

35886

B

27792

29289

30784

32281

33784

35278

36783

C

27792

29289

30784

32281

33784

35278

36783

D

30021

31554

33088

34629

36160

37703

From:

$

37352

38809

40272

41734

43186

44637

46089

To:

A

37352

38809

40272

41734

43186

44637

46089

B

38286

39779

41279

42777

44266

45753

47241

C

38286

39779

41279

42777

44266

45753

47241

48729

D

39243

40773

42311

43846

45373

46897

48422

49947

CS-02

From:

$

45092

46652

48221

49787

51355

52923

54490

To:

A

46652

48221

49787

51355

52923

54490

56057

B

47818

49427

51032

52639

54246

55852

57458

C

49427

51032

52639

54246

55852

57458

59064

D

50663

52308

53955

55602

57248

58894

60541

CS-03

From:

$

53052

55055

57058

59049

61040

63032

65024

To:

A

55055

57058

59049

61040

63032

65024

67016

B

56431

58484

60525

62566

64608

66650

68691

C

58484

60525

62566

64608

66650

68691

70732

D

59946

62038

64130

66223

68316

70408

72500

CS-04

From:

$

60861

63158

65442

67726

70008

72290

74573

To:

A

63158

65442

67726

70008

72290

74573

76856

B

64737

67078

69419

71758

74097

76437

78777

C

67078

69419

71758

74097

76437

78777

81117

D

68755

71154

73552

75949

78348

80746

83145

CS-05

From:

$

69771

72616

75463

78305

81146

83990

86833

To:

A

72616

75463

78305

81146

83990

86833

B

74431

77350

80263

83175

86090

89004

C

77350

80263

83175

86090

89004

D

79284

82270

85254

88242

91229

From:

$

89675

To:

A

89675

92517

B

91917

94830

C

91917

94830

97743

D

94215

97201

100187

 

 
Previous Table of Contents Next