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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
Credits
22.01 An employee shall earn sick leave credits at the rate of one and one-quarter (1 1/4) days for each
calendar month for which the employee receives pay for at least ten (10) days.
Granting of Sick Leave
22.02 An employee shall be granted sick leave with pay when the employee is unable to perform his or her
duties because of illness or injury provided that:
(a) the employee satisfies the Employer of this condition in such a manner and at such a time as may be determined
by the Employer,
and
(b) the employee has the necessary sick leave credits.
22.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of
illness or injury he or she was unable to perform his or her duties, shall, when delivered to the Employer, be
considered as meeting the requirements of clause 22.02(a).
22.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the
provisions of clause 22.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a
period of up to twenty-five (25) days subject to the deduction of such advanced leave from any sick leave credits
subsequently earned.
22.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for
the same period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not
granted sick leave with pay.
22.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on
production of a medical certificate, the period of compensatory leave so displaced shall either be added to the
compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later
date.
22.07 Sick leave credits earned but unused by an employee during a previous period of employment in the
Public Service shall be restored to an employee whose employment was terminated by reason of layoff and who is
reappointed in the Public Service within two (2) year from the date of layoff.
22.08 The Employer agrees that an employee recommended for termination for cause pursuant to Section 11(2)(g)
of the Financial Administration Act for reasons of incapacity by reason of ill-health shall not be released at a
date earlier than the date at which the employee will have utilized his or her accumulated sick leave credits.
23.01 Education Leave
(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 fill his or her present role 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 under this clause shall receive allowances in lieu of salary equivalent of up to
one hundred per cent (100%) of the employee's basic salary provided that 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) Any allowance already being received by the employee and not part of the employee's basic salary shall not be
used in the calculation of the education leave allowance.
(d) Allowances already being received by the employee may at the discretion of the Employer be continued during the
period of the education leave and the employee shall be notified when the leave is approved whether such allowances are
to be continued in whole or in part.
(e) 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 before termination of the period the employee has undertaken to serve after completion
of the course,
he or she shall repay the Employer all allowances paid to him or her under this clause during the education leave or
such lesser sum as shall be determined by the Employer.
23.02 Attendance at Conferences and Conventions
(a) An employee shall have the opportunity, subject to operational requirements, to attend a reasonable number of
conferences or conventions related to the employee's field of specialization in order to benefit from an exchange of
knowledge and experience with the employee's professional colleagues. The Employer may grant leave with pay and
reasonable expenses, including registration fees, to attend such gatherings, subject to budgetary constraints as
determined by the Employer.
(b) 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.
(c) 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 his or her payment of registration fees and reasonable travel
expenses.
(d) An employee shall not be entitled to any compensation under Article 28, Hours of Work and Overtime, in respect
of hours the employee is in attendance at a conference or convention under the provisions of this clause.
(e) Compensation shall not be paid under Article 30, Travelling Time, in respect of hours travelling to or from a
conference or convention under the provisions of this clause, unless the employee is required to attend by the
Employer.
23.03 Professional Development
(a) Because the parties to this Agreement share a desire to improve professional standards, employees may be given
the opportunity on occasion subject to operational and budgetary constraints:
(i) to participate in seminars, workshops, short courses or similar out-service programs to keep up to date with
knowledge and skills in their respective fields,
or
(ii) to conduct research or to perform work related to their normal research programs in institutions or locations
other than those of the Employer.
(b) 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.
(c) 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.
(d) An employee selected for professional development under this clause will continue to receive his or her normal
compensation including any increase for which the employee may become eligible. The employee shall not be entitled to
any compensation under Articles 28, Hours of Work and Overtime, and 30, Travelling Time, while on professional
development under this clause.
(e) 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.
(f) The Employer will ensure the availability for office use of such professional publications as are related to the
employees' fields of specialization.
23.04 Examination Leave
Leave with pay to write examinations may be granted by the Employer to an employee who is not on educational leave.
Such leave will be granted only where, in the opinion of the Employer, the course of study is directly related to the
employee's duties or will improve the employee's qualifications.
24.01 The vacation year shall be from April 1st to March 31st of the following calendar
year, inclusive.
Accumulation of Vacation Leave Credits
24.02 An employee shall earn vacation leave credits at the following rate for each calendar month during
which the employee receives pay for at least ten (10) days:
(a) nine decimal three seven five (9.375) hours at the employee's straight-time hourly rate until the month in which
the anniversary of the employee's eighth (8th) year of service occurs;
(b) twelve decimal five (12.5) hours at the employee's straight-time hourly rate commencing with the month in which
the anniversary of the employee's eighth (8th) year of service occurs;
**
(c) As of 22 June 2002, thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate
commencing with the month in which the anniversary of the employee's sixteenth (16th) year of service
occurs;
(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 (17th) year of service occurs;
(e) fifteen decimal six two five (15.625) hours at the employee's straight-time hourly rate commencing with the
month in which the anniversary of the employee's eighteen (18th) year of service occurs;
**
(f) as of 22 June 2002, sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate
commencing with the month in which the anniversary of the employee's twenty-seventh (27th) year of service
occurs;
**
(g) seventeen decimal five (17.5) hours at the employee's straight-time hourly rate commencing with the month in
which the anniversary of the employee's twenty-eight (28th) year of service occurs;
(h) 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 ninth (29th) year of service occurs;
(i) however, an employee who is entitled to or who has received furlough leave shall have the vacation leave
credits, earned under this article, reduced by three decimal one two five (3.125) hours per month from the beginning of
the month in which the employee completes his or her twentieth (20th) year of service until the beginning of
the month in which the employee completes his or her twenty-fifth (25th) year of service;
(j) leave will be scheduled on an hourly basis with the hours debited for each day of vacation leave being the same
as the hours the employee would have been scheduled to work on that day or portion thereof;
(k) for the purpose of clause 24.02 only, all service within the Public Service, whether continuous or
discontinuous, shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has
taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off
and is reappointed to the Public Service within one year following the date of lay-off;
(l) Notwithstanding (k) above, an employee who was a member of the SI bargaining unit on (the date of signing of the
collective agreement - May 17, or 18, or 19, 1989) or an employee who became a member of the SI bargaining unit between
(the date of signing of the collective agreement - May 17, or 18, or 19, 1989) and May 31, 1990 shall retain, for the
purpose of "service" and of establishing his or her vacation entitlement pursuant to this Article, those periods of
former service which had previously qualified for counting as continuous employment, until such time as his or her
employment in the Public Service is terminated.
Entitlement to Vacation Leave With Pay
24.03 An employee is entitled to vacation leave with pay to the extent of the employee's earned credits. An
employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the
anticipated credits for the vacation year.
Scheduling of Vacation Leave With Pay
24.04 The Employer reserves the right to schedule an employee's vacation leave but shall make reasonable
effort:
(a) to grant an employee's vacation leave in an amount and at such time as the employee may request;
(b) to ensure that approval of an employee's request for vacation leave is not unreasonably denied;
(c) to schedule vacation leave on an equitable basis and when there is no conflict with the interests of the
Employer or the other employees, according to the wishes of the employee.
24.05 The Employer shall give an employee as much notice as is practicable and reasonable of approval, denial
or cancellation of a request for vacation or furlough leave. In the case of denial, alteration or cancellation of such
leave, the Employer shall give the written reason thereof, upon written request from the employee.
24.06 Where in respect of any period of vacation leave, an employee is granted:
(a) bereavement leave with pay,
or
(b) leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee
and approved by the Employer, or reinstated for use at a later date.
**
Carry-Over of Vacation Leave
24.07
**
(a) Employees with leave credits in excess of two hundred and sixty-two decimal five (262.5) hours either on 31
March 2000 or upon becoming a member of the bargaining unit.
(i) An employee who as of 31 March 2000, had accumulated annual leave in excess of two hundred and sixty-two decimal
five (262.5) hours, shall liquidate the excess annual leave at a rate of twenty per cent (20%) in each subsequent
vacation year, until all leave in excess of two hundred and sixty-two decimal five (262.5) hours has been
eliminated.
(ii) In the case of an individual who became or becomes a member of the bargaining unit after 31 March 2000, and who
has, at the end of the vacation year during which he or she became a member, accumulated annual leave in excess of two
hundred and sixty-two decimal five (262.5) hours, he or she shall liquidate the excess annual leave at a rate of twenty
per cent (20%) in each subsequent vacation year, until all leave in excess of two hundred and sixty-two decimal five
(262.5) hours has been eliminated.
(iii) In calculating the amount to be liquidated under (i) or (ii), should the calculation result in a fraction of
an hour, that number shall be rounded to the nearest half-hour.
(iv) An employee subject to (i) or (ii) who has not, at the end of the vacation year, used the excess annual
vacation leave required to be liquidated shall be paid in cash at the employee's daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of the employee's substantive position on
the last day of the vacation year, for that portion of the twenty per cent (20%) of excess annual leave which was not
used.
(v) An employee liquidating leave under (i) or (ii), shall use before the end of the vacation year, all vacation
leave earned within a vacation year, or it will be paid in cash at the employee's daily rate of pay as calculated from
the classification prescribed in the employee's certificate of appointment of the employee's substantive position on
the last day of the vacation year.
**
(b) Employees with leave credits not in excess of two hundred and sixty-two decimal five (262.5) hours either on 31
March 2000 or upon becoming a member of the bargaining unit.
An employee who has earned vacation leave credits which have not been used, shall carry over into the following
vacation year earned but unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five
(262.5) hours. All vacation leave credits in excess of two hundred and sixty-two decimal five hours (262.5) shall be
paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's
certificate of appointment of the employee's substantive position on the last day of the vacation year.
(c) Cashing leave credits during the vacation year.
During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused
vacation leave credits shall be paid in cash at the employee's daily rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment of the employee's substantive position on
March 31st, of the previous vacation year.
Recall from Vacation Leave With Pay
24.08
(a) The Employer will make every reasonable effort not to recall an employee to duty after the employee has
proceeded on vacation leave with pay.
(b) Where, during any period of vacation leave or furlough leave with pay, an employee is recalled to duty, the
employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee
incurs:
(i) in proceeding to the employee's place of duty,
and
(ii) in returning to the place from which the employee was recalled if the employee immediately resumes vacation
upon completing the assignment for which the employee was recalled,
after submitting such accounts as are normally required by the Employer.
(c) The employee shall not be considered as being on vacation leave during any period in respect of which the
employee is entitled under clause 24.08(b) to be reimbursed for reasonable expenses incurred by the employee.
Leave When Employment Terminates
24.09 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall
be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation and
furlough leave with pay to the employee's credit by the hourly rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment,
except that the Employer shall grant the employee any vacation and furlough leave earned but not used by the employee
before the employment is terminated by lay-off if the employee so requests because of a requirement to meet minimum
continuous employment requirements for severance pay.
24.10 Notwithstanding clause 24.09, an employee whose employment is terminated by reason of a declaration
that the employee abandoned his or her position is entitled to receive the payment referred to in clause 24.09, if the
employee requests it within six (6) months following the date upon which his or her employment is terminated.
Advance Payments
24.11 The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2)
or more complete weeks, provided a written request for such advance payment is received from the employee at least
six (6) weeks prior to the last pay day before the employee's vacation period commences.
Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of
going on vacation shall be made prior to departure. Any overpayment in respect of such pay advances shall be an
immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further
payment of salary.
Cancellation of Vacation Leave
24.12 When the Employer cancels or alters a period of vacation or furlough leave which it has previously
approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and
reservations made by the employee in respect of that period, subject to the presentation of such documentation as the
Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide
proof of such action to the Employer.
Furlough Leave
24.13 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that
is to say, one hundred and eighty seven decimal five (187.5) hours' leave with pay at the employee's straight-time
hourly rate upon completing twenty (20) years of continuous employment, retains his or her entitlement to furlough
leave subject to the conditions respecting the granting of such leave that are in force on the day that this Agreement
is signed.
Appointment To A Separate Employer
24.14 Notwithstanding clause 24.09 an employee who resigns to accept an appointment with an organization
listed in Part II of Schedule I of the PSSRA may choose not to be paid for unused vacation and furlough leave
credits, provided that the appointing organization will accept such credits.
25.01 Under the following circumstances and subject to clause 25.02, an employee shall receive severance
benefits calculated on the basis of the employee's weekly rate of pay:
(a) Lay-off
(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 sub-clause 25.01(a)(i) above.
(b) Resignation
On resignation, subject to sub-clause 25.01(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 up to a maximum of twenty-six (26) years with a
maximum benefit of thirteen (13) weeks' pay.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases
to be employed by reason of rejection during a probationary period, one (1) week's pay for each complete year of
continuous employment.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation
Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation
Act,
or
(ii) a part-time employee, who regularly works more than thirteen and one-half (13 1/2) but less than thirty (30)
hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be
entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or
she were a contributor under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of continuous employment, comprised 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.
(e) Death
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, comprised 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.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(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 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
reason of termination for cause of reasons of incompetence pursuant to Section 11(2)(g) of the Financial
Administration Act, one week's pay for each complete year of continuous employment with a maximum benefit of
twenty-eight (28) weeks.
25.02 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 25.01 be pyramided.
25.03
(a) 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 prescribed in the employee's certificate of appointment pertaining to the position held
by the employee on a substantive basis immediately prior to the termination of the employee's employment.
(b) Notwithstanding paragraph 25.03(a), where an employee has been in an acting position for more than 1 (one) years
at the time of severance, the rate of pay used to determine the employee's severance pay is the employee's acting rate
of pay.
Appointment to a Separate Employer Organization
25.04 Notwithstanding 25.01 (b), an employee who resigns to accept an appointment with an organization listed
in Part II of Schedule I of the PSSRA may choose not to be paid severance pay provided that the appointing
organization will accept the employee's Part I service for its severance pay entitlement.
26.01 Where the Employer determines that due to the nature of work there is a clear cut need, wash-up time up
to a maximum of ten (10) minutes will be permitted before the end of the working day.
27.01 Except as provided in this Article, the terms and conditions governing the application of pay to
employees are not affected by this Agreement.
27.02 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.
27.03
(a) The rates of pay set forth in Appendix "A" 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 the
collective agreement the following shall apply:
(i) "retroactive period" for the purpose of clauses (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 the collective agreement is signed or when an
arbitral award is rendered therefore;
(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 the collective agreement been
signed or an arbitral award rendered therefore 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 clause (b)(iii), 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 nor notification shall be made pursuant to clause 27.03(b) for one dollar ($1) or less.
27.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be
applied first and the resulting rate shall be revised in accordance with the pay revision.
27.05 Holding Rates of Pay
An employee who, in accordance with the Regulations Respecting Pay on Reclassification or Conversion, is
being paid at a holding rate of pay on the effective date of an economic increase and continues to be paid at that rate
on the date immediately prior to the effective date of a further economic increase, shall receive a lump-sum payment
equal to one hundred per cent (100%) of the economic increase for the employee's former group and level calculated on
his final rate of pay.
27.06 Rate of Pay on Reclassification of Duties and Responsibilities to a Level With a Lower Maximum Rate
Where an employee's duties and responsibilities are reclassified to a level with a lower maximum rate of pay than
the level at which the employee is being paid, the following shall apply:
(a) Prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay,
the incumbent shall be notified in writing.
(b) Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all
purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection
Status and subject to Section (c)(ii) below shall apply until the position is vacated or the attainable maximum of the
reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time,
to the former classification level.
(c)
(i) The Employer will make a reasonable effort to transfer the incumbent to a position having a level equivalent to
that of the former group and/or level of the position.
(ii) In the event that an incumbent declines an offer of transfer to a position as in (i) above in the same
geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for
the reclassified position.
27.07 If, during the term of this Agreement, a new classification standard for a group is established and
implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the
application of the standard, negotiate with the Association the rates of pay and the rules affecting the pay of
employees on their movement to the new levels.
27.08
(a) When an employee is required by the Employer to substantially perform the duties of a higher classification
level in an acting capacity and performs those duties for at least four (4) consecutive days or shifts, the employee
shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been
appointed to that higher classification level for the period in which he or she acts,
(b) 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.
27.09 When the regular pay day for an employee falls on his or her day of rest, every effort shall be made to
issue his or her cheque on his or her last working day, provided it is available at his or her regular place of
work.
27.10 Except as otherwise specified in this collective agreement, periods of absence without pay, including
leave without pay, for periods in excess of three (3) months shall not be counted for pay increment purposes.
28.01 Hours of Work
(a) Except as provided for in clause 28.03, the normal work week shall be thirty-seven and one-half (37 1/2) hours
exclusive of lunch periods, comprising five (5) days of seven and one-half (7 1/2) hours each, Monday through Friday.
The work day shall be scheduled to fall within a nine (9)-hour period between the hours of 6:00 a m. and 6:00 p.m.,
unless otherwise agreed in consultation between the Association and the Employer at the appropriate level.
(b) An employee normally shall be granted two (2) consecutive days of rest during each seven (7)-day period unless
operational requirements do not so permit.
(c) Subject to operational requirements as determined from time to time by the Employer, an employee shall have the
right to select and request flexible hours between 6:00 a.m. and 6:00 p.m.
(d)
(i) Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer,
an employee may complete his or her weekly hours of employment in a period other than five (5) full days provided that
over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven and one-half (37 1/2)
hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the
employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such
days as are not scheduled as a normal workday for the employee.
(ii) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in
hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor
shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this
Agreement.
(e) Employees may be required to submit monthly attendance registers; only those hours of overtime and absences need
be specified.
28.02 Employees covered by 28.01(c) shall be subject to the variable hours of work provisions established in
this Agreement.
28.03 For employees who work on a rotating or irregular basis:
(a) Normal hours of work shall be scheduled so that employees work:
(i) an average of thirty-seven and one-half (37 1/2) hours per week and an average of five (5) days per week,
and either
(ii) seven and one-half (7 1/2) hours per day,
or
(iii) an average of seven and one-half (7 1/2) hours per day where so agreed between the Employer and the majority
of the employees affected.
(b) Every reasonable effort shall be made by the Employer:
(i) not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's
previous shift;
(ii) to avoid excessive fluctuations in hours of work;
(iii) to consider the wishes of the majority of employees concerned in the arrangement of shifts within a shift
schedule;
(iv) to arrange shifts over a period of time not exceeding fifty-six (56) days and to post schedules at least
fourteen (14) days in advance of the starting date of the new schedule;
(v) to grant an employee a minimum of two (2) consecutive days of rest.
(c) The Employer shall make every reasonable effort to schedule a meal break of one-half (1/2) hour during each full
shift which shall not constitute part of the work period. Such meal break shall be scheduled as close as possible to
the midpoint of the shift, unless an alternate arrangement is agreed to at the appropriate level between the Employer
and the employee. If an employee is not given a meal break scheduled in advance, all time from the commencement to the
termination of the employee's full shift shall be deemed time worked.
(d) Where an employee's scheduled shift does not commence and end on the same day, such shift shall be considered
for all purposes to have been entirely worked:
(i) on the day it commenced where half or more of the hours worked fall on that day,
or
(ii) on the day it terminates where more than half of the hours worked fall on that day.
Accordingly, the first day of rest will be considered to start immediately after midnight of the calendar day on
which the employee worked or is considered to have worked the employee's last scheduled shift; and the second day of
rest will start immediately after midnight of the employee's first day of rest, or immediately after midnight of an
intervening designated paid holiday if days of rest are separated thereby.
General
28.04 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or
maximum hours of work.
28.05 The Employer agrees that, before a schedule of working hours is changed, the change will be discussed
with the appropriate representative of the Association, if the change will affect a majority of the employees governed
by the schedule.
28.06 Provided sufficient advance notice is given and with the approval of the Employer, employees may
exchange shifts if there is no increase in cost to the Employer.
28.07 If an employee is given less than seven (7) days' advance notice of a change in the employee's shift
schedule, the employee will receive a premium rate of time and one-half (1 1/2) for work performed on the first shift
changed. Subsequent shifts worked on the new schedule shall be paid for at straight time. Such employee shall retain
his or her previously scheduled days of rest next following the change or if worked, such days of rest shall be
compensated in accordance with the overtime provisions of this Agreement.
28.08 Two (2) rest periods of fifteen (15) minutes each shall be scheduled during each normal day for
non-operating employees. The Employer agrees, where operational requirements permit, to continue the present practice
of providing rest periods for operating employees.
28.09 Assignment of Overtime Work
Subject to the operational requirements of the service, the Employer shall make every reasonable effort:
(a) to allocate overtime work on an equitable basis among readily available, qualified employees,
and
(b) to give employees who are required to work overtime adequate advance notice of this requirement.
28.10 Subject to operational requirements, the Employer shall make every reasonable effort to avoid excessive
overtime.
28.11 Overtime Compensation
Each fifteen (15)-minute period of overtime shall be compensated for at the following rates:
(a) Time and one-half (1 1/2), except as provided for in clause 28.11(b).
(b) Double (2) time for all hours of overtime worked in excess of seven and one-half (7 1/2) consecutive hours of
overtime in any contiguous period, and for all hours worked on the second or subsequent day of rest provided that the
employee also worked on the first day of rest. Second or subsequent day of rest means the second or subsequent day in
an unbroken series of consecutive and contiguous calendar days of rest.
28.12
(a) If an employee is given instructions before the beginning of the employee's meal break or before the midpoint of
the employee's workday whichever is earlier, to work overtime on that day and reports for work at a time which is not
contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of
two (2) hours' pay at straight time, whichever is the greater.
(b) If an employee is given instructions, after the midpoint of the employee's workday or after the beginning of the
employee's meal break whichever is earlier, to work overtime on that day and reports for work at a time which is not
contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of
three (3) hours' pay at straight time, whichever is the greater.
28.13 Meal Allowance
**
(a) Effective the date of signing, an employee who works three (3) or more hours of overtime immediately before or
immediately following his or her scheduled hours of work, and who has not been notified of the requirement prior to the
end of last scheduled work period, shall be reimbursed for one meal in the amount of nine dollars and fifty cents
($9.50), except where free meals are provided.
**
(b) Effective the date of signing, when an employee works overtime continuously extending four (4) hours or more
beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of nine
dollars and fifty cents ($9.50), except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order to take a
meal break either at or adjacent to the employee's place of work.
(d) This clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses
for lodging and/or meals.
28.14
(a) Overtime shall be compensated in cash except where, upon request of an employee and with the approval of the
Employer, overtime may be compensated in equivalent leave with pay.
(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
Compensatory leave with pay not used by the end of the twelve (12)-month period, to be determined by the Employer, will
be paid for in cash. Such payment will be at the employee's hourly rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment at the end of the twelve (12)-month period.
28.15 The Employer will endeavour to make cash payment for overtime earned under this Article within
six (6) weeks following the end of the pay period in which the record of the hours of overtime was submitted.
28.16 When an employee is required to work either continuous or non-contiguous overtime, time spent by the
employee reporting to or returning from work shall not constitute time worked.
29.01 When an employee is required to report and reports to work on a day of rest, the employee is entitled
to a minimum of three (3) hours pay at the applicable overtime rate.
29.02 Payments provided under Article 31, Call-Back Pay, and Article 29, Reporting Pay, shall not be
pyramided; that is, an employee shall not receive more than one compensation for the same service.
29.03 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work
location other than the employee's normal place of work, time spent by an employee reporting to work or returning to
the employee's residence shall not constitute time worked.
29.04 The minimum payment referred to in 29.01 above, does not apply to part-time employees. Part-time
employees will receive a minimum payment in accordance with B.12 (Appendix "B") of this Agreement.
30.01 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to
the extent provided for in this Article.
30.02 When an employee is required to travel outside his or her headquarters area on government business, as
this expression is defined by the employer, the time of departure and the means of such travel shall be determined by
the Employer and the employee will be compensated for travel time in accordance with clauses 30.03 and 30.04.
Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer
than three (3) hours.
30.03 For the purposes of clauses 30.02 and 30.04, the travelling time for which an employee shall be
compensated is as follows:
(a) For travel by public transportation, the time between the scheduled time of departure and the time of arrival at
a destination, including the normal travel time to the point of departure, as determined by the Employer.
(b) For travel by private means of transportation, the normal time as determined by the Employer, to proceed from
the employee's place of residence or work place, as applicable, direct to the employee's destination and, upon the
employee's return, direct back to the employee's residence or work place.
(c) In the event that an alternate time of departure and/or means of travel is requested by the employee, the
Employer may authorize such alternate arrangements, in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
30.04 If an employee is required to travel as set forth in clauses 30.02 and 30.03:
(a) On a normal working day on which the employee travels but does not work, the employee shall receive his or her
regular pay for the day.
(b) On a normal working day on which the employee travels and works, the employee shall be paid:
(i) his or her regular pay for the day for a combined period of travel and work not exceeding his or her regular
scheduled working hours,
and
(ii) at the applicable overtime rate for additional travel time in excess of his or her regularly scheduled hours of
work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the
straight-time rate of pay.
(c) On a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for
hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate of pay.
(d) Travel time shall be compensated in cash, except where upon request of an employee and with the approval of the
Employer, travel time shall be compensated by leave with pay. The duration of such leave shall be equal to the travel
time multiplied by the appropriate rate of payment and payment shall be based on the employee's hourly rate of pay in
effect on the date immediately prior to the day on which the leave is taken.
If any lieu time earned cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the
employee's then current rate of pay.
30.05 This Article does not apply to an employee when the employee travels by any type of transport in which
he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In
such circumstances, the employee shall receive the greater of:
(a) on a normal working day, his or her regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 20, Designated Paid Holidays, and the overtime provisions
of this Agreement.
30.06 Compensation under this Article shall not be paid for travel time to courses, training sessions,
conferences and seminars, unless the employee is required to attend by the Employer.
30.07 All calculations made pursuant to this Article are subject to clause 28.11.
31.01 If an employee is called back to work:
(a) on a designated paid holiday which is not the employee's scheduled day of work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed his or her work for the day and has left his or her place of work,
and returns to work, the employee shall be paid the greater of:
(i) Compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each call-back to a
maximum of eight (8) hours' compensation in an eight (8) hour period. Such maximum shall include any reporting pay
pursuant to clause 20.07 of Article 20 and the Reporting Pay Provisions of this Agreement;
or
(ii) compensation at the applicable rate of overtime compensation for time worked,
provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
(d) The minimum payment referred to in 31.01(c)(i) above, does not apply to part-time employees. Part-time employees
will receive a minimum payment in accordance with B.11 (Appendix "B").
31.02 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work
location other than the employee's normal place of work, time spent by the employee reporting to work or returning to
his or her residence shall not constitute time worked.
No Pyramiding of Payments
31.03 Payments provided under Overtime and Reporting Pay provisions, the Designated Paid Holiday and Standby
provisions of this Agreement and clause 31.01 above shall not be pyramided, that is an employee shall not receive more
than one compensation for the same service.
31.04 This Article does not apply where an employee who has accommodation on
board a vessel and:
(a) is not in his or her home port, reports for sailing in accordance with posted sailing orders or as otherwise
required by the Master,
or
(b) is on the Employer's premises at the time of notification of the requirement to work overtime.
32.01 Where the Employer requires an employee to be available on standby during off-duty hours, an employee
shall be entitled to a standby payment at the rate of one half (1/2) hour at straight time for each
four (4) consecutive hours or portion thereof that he or she is on standby.
32.02 An Employee designated by letter or by list for stand-by duty shall be available during his period of
stand-by at a known telecommunications link number and be able to return for duty as quickly as possible if called. In
designating employees for standby duty the Employer will endeavour to provide for the equitable distribution of standby
duties.
32.03 No standby payment shall be granted if an employee is unable to report for duty when required.
32.04 An employee on standby who is required to report for work shall be paid, in addition to the standby
pay, the greater of:
(a) the applicable overtime rate for the time worked,
or
(b) the minimum of four (4) hours' pay at the hourly rate of pay, except that this minimum shall apply only the
first time that an employee is required to report for work during a period of standby of eight (8) hours.
32.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work
location other than an employee's normal place of work, time spent by the employee reporting to work or returning to
his or her residence shall not constitute time worked.
No Pyramiding of Payments
32.06 Payments provided under the Overtime and Reporting Pay provisions, the Designated Paid Holidays and
Call-Back Pay provisions of this Agreement, and clause 32.04 above shall not be pyramided, that is an employee shall
not receive more than one compensation for the same service.
**
33.01 Shift Premium
An employee working on shifts, half or more of the hours of which are regularly scheduled between 4:00 p.m. and 8:00
a.m., will receive a shift premium of one dollar and seventy-five cents ($1.75) per hour for all hours worked,
including overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between
8:00 a.m. and 4:00 p.m.
**
33.02 Weekend Premium
(a) Employees shall receive an additional premium of one dollar and seventy-five cents ($1.75) per hour for work on
a Saturday and/or Sunday for hours worked as stipulated in (b) below;
(b) weekend premium shall be payable in respect of all regularly scheduled hours at straight-time rates worked on
Saturday and/or Sunday.
34.01 Upon written request, an employee shall be provided with a complete and current statement of the duties
and responsibilities of his or her position, including the classification level and, where applicable, the point rating
allotted by factor to his or her position, and an organization chart depicting the position's place in the
organization.
**
35.01 When an employee is required to attend a meeting on disciplinary matters, the employee is entitled to
have, at his or her request, a representative of the Association attend the meeting. Where practicable, the employee
shall receive in writing a minimum of one (1) working day's notice of such a meeting, as well as its purpose.
35.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any
document from the file of an employee the content of which the employee was not aware of at the time of filing or
within a reasonable period thereafter.
35.03 Any document or written statement related to 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.
35.04 When an employee is suspended from duty, the Employer undertakes to notify the employee in writing of
the reason for such suspension. The Employer shall endeavour to give such notification at the time of suspension.
35.05 The Employer shall notify the local representative of the Association that such suspension has
occurred.
36.01
(a) An employee shall be given an opportunity to sign the formal review of his or her performance and shall also be
given an opportunity to sign all adverse reports pertaining to the performance of his or her duties in his or her
current position which are placed on his personnel file.
(b) The Employer's representative 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 being
evaluated.
(c) An employee has the right to make written comments to be attached to the performance review form.
36.02
(a) Prior to an employee performance review the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person conducting the review;
(b) if during the employee performance review, either the form or instructions are changed they shall be given to
the employee.
36.03 Upon written request of an employee, the personnel file of that employee may be made available once per
year for the employee's examination in the presence of an authorized representative of the Employer.
37.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The
Employer will welcome suggestions on the subject from the Association, 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.
38.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to
enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing
joint consultation on matters of common interest.
38.02 Within five (5) days of notification of consultation served by either party, the Association shall
notify the Employer in writing of the representatives authorized to act on behalf of the Association for consultation
purposes.
38.03 Upon request of either party, the parties to this Agreement shall consult meaningfully at the
appropriate level about contemplated changes in conditions of employment or working conditions not governed by this
Agreement.
38.04 Without prejudice to the position the Employer or the Association may wish to take in future about the
desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be
determined as appropriate for joint consultation will be by agreement of the parties.
39.01 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 after December 6, 1978 will form part
of this agreement, subject to the 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.
39.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC
agreements have designated as such or upon which the Chairman of the PSSRB has made a ruling pursuant to clause (c) of
the NJC Memorandum of Understanding which became effective December 6, 1978.
39.03 The following directives, policies or regulations, as amended from time to time by National Joint
Council recommendation and which have been approved by the Treasury Board of Canada, form part of this collective
agreement:
(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
Health/Safety Standards (12/27)
(12) Boilers and Pressure Vessels
(13) Hazardous Substances
(14) Electrical
(15) Elevating Devices
(16) First Aid
(17) Hand Tools and Portable Power Tools
(18) Hazardous Confined Spaces
(19) Machine Guarding
(20) Materials Handling
(21) Motor Vehicle Operations
(22) Noise Control and Hearing Conservation
(23) Personal Protective Equipment
(24) Pesticides
(25) Elevated Work Structures
(26) Use and Occupancy of Buildings
(27) Sanitation
(28) Work Force Adjustment Policy
**
(29) Public Service Health Care Plan
During the term of this Collective Agreement, other directives, policies or regulations may be added to the above
noted list.
39.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with
clause 40.01 of the Article on grievance procedure in this Collective Agreement.
Interpretation of the agreement
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 meet within a reasonable time and seek to resolve the problem. This Article
does not prevent an employee from availing of the grievance procedure provided in this Agreement.
40.01 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 7.0 of the NJC
By-Laws.
40.02 Subject to and as provided in Section 91 of the PSSRA, an employee who feels that he or she has
been treated unjustly or considers himself or herself aggrieved by any 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 40.05 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 or she has the approval of and is represented by
the Association.
40.03 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the
following levels:
(a) Level 1 - first level of management;
(b) Levels 2 and 3 - intermediate level(s) where such level or levels are established in departments or
agencies;
(c) Final level - Deputy Head or Deputy Head's authorized representative.
Whenever there are four levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.
40.04 The Employer shall designate a representative at each level 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 Association.
40.05 An employee who wishes to present a grievance at any prescribed level 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 level,
and
(b) provide the employee with a receipt stating the date on which the grievance was received by the Employer.
40.06 Where 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 date
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 level on the date on which the letter containing the reply is postmarked, but the time
limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the
date on which the Employer's reply was delivered to the address shown on the grievance form.
40.07 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in
accordance with the form supplied by the Employer.
40.08 An employee may be assisted and/or represented by the Association when presenting a grievance at any
level.
40.09 The Association shall have the right to consult with the Employer with respect to a grievance at each
level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the
decision.
40.10 An employee may present a grievance to the first level of the procedure in the manner prescribed in
clause 40.05, 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
grievance.
40.11 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. Where such decision or settlement is not satisfactory to the employee, he or
she may submit a grievance at the next higher level in the grievance procedure within ten (10) days after that decision
or settlement has been conveyed to him or her in writing.
40.12 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at
any level, except the final level, the employee may, within the next ten (10) days, submit the grievance at the next
higher level of the grievance procedure.
40.13 Where an employee has been represented by the Association in the presentation of his or her grievance,
the Employer will provide the appropriate representative of the Association with a copy of the Employer's decision at
each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.
40.14 The decision given by the Employer at the final level in the grievance procedure shall be final and
binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.
40.15 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.
40.16 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer
and the employee and, where appropriate, the Association representative.
40.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a
particular level of authority, any or all the levels, except the final level, may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Association.
40.18 Where the Employer demotes or terminates an employee for cause 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;
(b) notwithstanding 40.03(c), the Deputy Head cannot appoint a representative to hear the grievance and to render a
decision;
and
(c) 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
Association.
40.19 An employee may abandon a grievance by written notice to his or her immediate supervisor or
officer-in-charge.
40.20 An employee who fails to present a grievance to the next higher level within the prescribed time limits
shall be deemed to have abandoned the grievance, unless the employee was unable to comply with the prescribed time
limits due to circumstances beyond his or her control.
40.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an
employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance, as
provided in this collective agreement.
40.22 Where an employee has presented a grievance up to and including the final level in the grievance
procedure with respect to:
(a) the interpretation or application in respect of him or her of a provision of this collective agreement or a
related arbitral award,
or
(b) disciplinary action resulting in discharge, suspension or a financial penalty,
and the employee's grievance has not been dealt with to his or her satisfaction, he or she may refer the grievance
to adjudication in accordance with the provisions of the PSSRA and Regulations.
40.23 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 or her of a provision of this agreement or an arbitral award, the
employee is not entitled to refer the grievance to adjudication unless Association 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.
41.01 Where practicable, advance notice of a change in posting or a transfer from an employee's headquarters
area as defined by the Employer shall be given to an employee. Such notice shall not normally be less than
two (2) months.
42.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining,
the Employer will make every reasonable effort to ensure that any reduction in the work force will be accomplished
through attrition.
43.01 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.
43.02 In this Article "Technological Change" means:
(a) the introduction by the Employer of equipment or material of a different nature than that previously
utilized;
and
(b) a change in the Employer's operation directly related to the introduction of that equipment or material.
43.03 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.
43.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of
emergency, not less than one hundred and eighty (180) days written notice to the Association of the introduction or
implementation of technological change when it will result in significant changes in the employment status or working
conditions of the employees.
43.05 The written notice provided for in clause 43.04 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.
43.06 As soon as reasonably practicable after notice is given under clause 43.04, the Employer shall consult
with the Association concerning the effects of the technological change referred to in clause 43.04 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.
43.07 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.
44.01 The Employer agrees that original articles, professional and technical papers prepared by an employee,
within the scope of his or her 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.
44.02 When an employee acts as a sole or joint author or editor of an original publication, the employee's
authorship or editorship shall normally be shown on the title page of such publication.
44.03
(a) The Employer may suggest revisions to material and may withhold approval to publish such articles and papers to
which clause 44.01 refers.
(b) When approval for publication is withheld, the author shall be so informed.
Where the Employer wishes to make changes in material submitted for publication with which the author does not
agree, the author shall not be credited publicly if he or she so requests.
45.01 The Employer shall reimburse an employee for the employee's payment of membership or registration fees
to an organization or governing body when the payment of such fees is a requirement for the continuation of the
performance of the duties of the employee's position.
45.02 Membership dues referred to in Article 10, Check-off, of this collective agreement are specifically
excluded as reimbursable fees under this Article.
46.01 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.
47.01 Nothing in this agreement shall be construed as an abridgement or restriction of any employee's
constitutional rights or of any right expressly conferred in an act of the Parliament of Canada.
48.01 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.
49.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the
end of the twenty-fourth 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.
49.02 An employee's request under 49.01 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.
49.03 An employee who has made a request under 49.01 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.
49.04 Where reasonably practicable, the Employer shall modify the employee's job functions or reassign
her.
49.05 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.
49.06 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.
50.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to
fulfill his or her religious obligations.
50.02 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.
50.03 Notwithstanding 50.02, 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 article shall not be compensated nor should they result in any
additional payments by the Employer.
50.04 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.
51.01 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.
51.02 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.
52.01 This Agreement may be amended by mutual consent.
**
53.01 This collective agreement shall expire on 21 June 2003.
53.02 Unless otherwise expressly stipulated, the provisions of this agreement shall become effective on the
date it is signed.
SIGNED AT OTTAWA, this 27th day of the month of June 2001.
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TREASURY BOARD
OF CANADA
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THE SOCIAL SCIENCE EMPLOYEES ASSOCIATION
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