Electronics (EL) 404 (Archived)

39.01 Employee complaints or grievances will be dealt with in accordance with the procedure set forth in this Article the purpose of which is to secure prompt and fair disposition of grievances.

39.02 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 NJC parties to this agreement have endorsed, the grievance procedure will be in accordance with Section 14.0 of the NJC By-laws.

All "days" referred to in this procedure are calendar days exclusive of Saturdays, Sundays and designated holidays.

The "immediate supervisor" is the supervisor who has been specified by the Department to deal with complaints from employees in his/her work area, and to receive written grievances and process them to the appropriate step in the procedure.

The "management representative" is the officer identified by the Employer as an authorized representative whose decision constitutes a step in the grievance procedure.

Subject to and as provided in Section 91 of the Public Service Staff Relations Act an employee who feels that he/she has been treated unjustly or considers himself/herself aggrieved by any action or lack of action by the Employer in matters other than those which are dealt with in the classification grievance process is entitled to present a grievance in accordance with the procedure provided by this Article except that:

(a) where there is another administrative procedure provided in or under any Act of Parliament to deal with his/her specific complaint such procedure must be followed,

(b) where the grievance relates to the interpretation or application of this Collective Agreement or an Arbitral Award relating thereto the employee is not entitled to present the grievance unless he/she has the approval of and is represented by the Local.

A grievance must be presented not later than thirty (30) days from the day on which the employee was notified, informed or otherwise became aware of the decision, situation or circumstance that is the subject of his/her grievance.

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.

An employee may be assisted and/or represented by an authorized representative of the Local when presenting a complaint or grievance at any level. Such representative may meet with the Employer to discuss a complaint or grievance at each or any level of the grievance procedure.

When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him or her, the employee shall be informed that he or she is entitled to have an authorized representative of the Local attend the meeting.

An employee who has a complaint should attempt to resolve the same through discussion with his/her supervisor.

An employee may present his/her grievance in writing to his/her immediate supervisor within the thirty (30) day period referred to in 39.04 above. The immediate supervisor shall sign the form indicating the time and date received. A signed copy will be returned to the employee and a copy forwarded to the management representative authorized to make a decision at Level One. The management representative shall give his/her decision and reasons in writing as quickly as possible and not later than fifteen (15) days after the day on which the grievance was presented. The decision will be in writing and a copy will be returned, through the immediate supervisor, to the employee.

If a decision at Level One is not acceptable to the employee, the employee may, not later than ten (10) days after receipt of the decision at Level One, or if no decision was received, not later than fifteen (15) days after the last day on which he/she was entitled to receive a decision, complete the grievance transmittal form and present it to his/her immediate supervisor who will sign it indicating the time and date received. A copy will be returned to the employee and the employee representative if applicable. The management representative shall give his/her decision and reasons in writing as quickly as possible and not later than fifteen (15) days after the grievance was presented. The decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the employee.

If a decision at the level immediately preceding the Final Level is not acceptable to the employee, the employee may, not later than ten (10) days after receipt of the decision, or if no decision was received, not later than fifteen (15) days after the last day on which he/she was entitled to receive a decision, complete the grievance transmittal form and present it to his/her immediate supervisor who will sign it indicating the time and date received. A receipted copy will be returned to the employee and the employee representative, and a copy forwarded to the Deputy Minister or his/her delegated representative authorized to make a decision at the Final Level. The Deputy Minister or his/her delegated representative shall give his/her decision and reasons for his/her decision as quickly as possible and not later than thirty (30) days after the grievance was presented. The decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the employee. The decision of the Deputy Minister or his/her delegated representative 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.

Where a grievance related to the interpretation or application in respect of an employee of a provision of this Collective Agreement or an Arbitral Award relating thereto or where the employee has indicated that he/she is being represented by the Local, a copy of the reply at each level of this procedure shall be forwarded to the authorized representative of the Local.

(a) A grievance resulting from the demotion or termination for cause pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act of an employee shall begin at the Final Level of the grievance procedure. The written decision of the Deputy Minister or his/her delegated representative shall be given as quickly as possible and not later than fifteen (15) days after the grievance is presented. The fifteen (15)-day time limit may be extended to thirty (30) days by mutual agreement between the Employer and the employee.

(b) A grievance resulting from the indefinite suspension of an employee once the period of indefinite suspension exceeds fifteen (15) days shall begin at the Final Level of the grievance procedure. The written decision of the Deputy Minister or his/her delegated representative shall be given as quickly as possible and not later than fifteen (15) days after the grievance is presented. The fifteen (15) day time limit may be extended to thirty (30) days by mutual agreement between the Employer and the employee.

An employee may be granted time off during working hours to discuss a complaint or grievance provided prior permission of his/her supervisor is obtained.

An employee who is a representative of the Local may, with the permission of his/her supervisor, be granted time off during working hours to assist an employee in the presentation of a complaint or grievance. Where such assistance is given during working hours in the representative's area of jurisdiction he/she may be granted time off with pay, and where such assistance is given at locations other than in the representative's area of jurisdiction, leave without pay.

Employees and employees who are representatives of the Local, will not be entitled to be paid when a discussion or meeting on a complaint or grievance takes place outside their normal working hours. The Employer will make every reasonable attempt to schedule such meetings during normal working hours.

An authorized representative of the Local may be permitted access to the Employer's premises to assist in the settlement of a grievance. The Local shall request such access from an authorized management representative in writing where time permits and verbally in other cases.

Where security clearance is required this clearance will not be unreasonably withheld.

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/her of a provision of this Collective Agreement or an Arbitral Award relating thereto,

and his/her grievance has not been dealt with to his/her satisfaction, the employee may refer the grievance to adjudication.

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/her of a provision of this Collective Agreement or an Arbitral Award relating thereto, the employee is not entitled to refer the grievance to adjudication unless the Local signifies in prescribed manner:

The time limits stipulated in this procedure may be extended by mutual agreement between the Management representative and the employee, and the Local representative where the Local is representing the employee.

An employee may, by written notice to his/her immediate supervisor or local officer-in-charge, abandon a grievance at any time during the grievance process. If the grievance in question has been processed with the support of the Local, the Employer will notify the Local that the employee has abandoned the grievance. The abandonment of a grievance shall not prejudice the position of the Local in dealing with grievances of a similar nature.

Where an employee fails to present a grievance to the next higher level within the prescribed time limits the employee shall be deemed to have abandoned the grievance.

It is not the Employer's intent to deny any grievance as being untimely when failure to present the grievance within the time limits stipulated above is caused due to circumstances beyond the control of the grievor.

ARTICLE 40
JOINT CONSULTATION

40.01 The Employer and the Union recognize that consultation and communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive and harmonious Employer-Union relations.

40.02 The Employer will recognize committees of the Union for the purpose of consultation with management with a view to resolving problems which arise within the ambit of the joint consultation process, as follows:

(a) A National Committee of the Union consisting of not more than five (5) employee representatives of the Union.

(b) Regional Committees of the Union consisting of not more than three (3) employee representatives.

(c) By agreement of the parties, and where circumstances warrant, local Unit Committees of the Union, consisting of not more than three (3) employee representatives, may be established for the purpose of consultation with local management.

40.03 It is agreed that a subject suggested for discussion may not be within the authority or jurisdiction of either the management or union representatives. In these circumstances, consultation may take place for the purpose of providing information, discussing the application of policy or airing problems to promote understanding, but it is expressly understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to, or modify the terms of this Agreement.

40.04 Meetings with Regional Committees and the National Committee shall take place at least every six (6) calendar months. By agreement of the parties the frequency of meetings may be increased. The frequency of meetings with local Committees shall be determined by mutual agreement.

40.05 All meetings shall be held on the Employer's premises at a time and for a duration determined by mutual agreement.

40.06 Full-time employees forming the continuing membership of local 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.

40.07 A designated representative of the Union Committee and management shall exchange a written agenda for a meeting as early as possible prior to the effective date of the meeting, but in any case normally not less than fifteen (15) calendar days in advance.

40.08 It is agreed that the following matters will be subjects for joint consultation under clause 40.01:

(d) duration of tour and return of employees posted for lengthy terms of field survey or construction trips;

ARTICLE 41
PREVIOUS RIGHTS

41.01 The coming in force of this Agreement will not serve to deny an employee any right previously enjoyed which flows from Acts, Regulations or Treasury Board Minutes then in force except to the extent that such rights are modified by the express provisions of this Agreement.

41.02 The Employer agrees to consult the Union before implementing any changes in terms and conditions of employment not covered by this Agreement.

41.03 The terms and conditions of employment about which the Employer agrees to consult in accordance with clause 41.02 shall extend to and include those terms and conditions of employment established by the following Regulations or Directives:

(d) Employer's share of premium payments for PSHCPM, Provincial and Supplementary Hospital Insurance.

ARTICLE 42
EMPLOYEE-OWNED MOTOR VEHICLE

42.01 Unless by prior agreement in writing between the employee and the Employer, no employee shall be required by the Employer to use his/her privately-owned motor vehicle on Employer business.

ARTICLE 43
TRAINING

43.01 In recognition of changes taking place in the "state of the art" in the Electronics field, the Employer will continue to provide appropriate training manuals and, when operational requirements permit, to initiate and to facilitate relevant training and study sessions designed to improve the qualifications of an employee.

43.02 The parties agree to continue a joint committee established to enquire into the feasibility and ways and means of implementing an educational programme which will provide employees with the opportunity to improve their "state of the art" knowledge in the Electronics field and to make formal recommendations based on this study.

While the above programme shall be the Committee's first priority objective, there shall be no barrier to their discussing, exchanging information and making recommendations on subjects relating to the continuing technical development and training of employees in the Electronics Group.

The formal recommendations of the Committee will be submitted to the Employer for consideration and where found practicable will be initiated.

Such meetings shall normally occur at least four (4) times per year or more frequently if desired by the parties. There is no requirement for equal representation as the function of this Committee is such that the number of persons involved from either party may vary depending on the subject matter.

It is expressly understood that no commitment may be made by any member of the Committee on a subject that is not within his/her authority or jurisdiction nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

The Employer shall, where practicable, schedule at least two (2) days off to which the employee would normally be entitled immediately preceding and immediately following training courses and in no case will an employee lose credit because of such training for days off to which he/she would normally be entitled.

(a) Employees attending training courses will be reimbursed for expenses incurred for accommodation, meals and incidentals in accordance with the Treasury Board Travel Policy.

(b) An employee shall advise his/her supervisor, within one (1) week of being informed that he/she is to be assigned to an off-location training session, of any unusual related personal expenses he/she anticipates incurring as a result of attendance at such course. The supervisor shall thereupon decide whether or not to proceed with the assignment. If the decision is to proceed, and subsequently the employee's attendance at the course is cancelled or re-scheduled, any such expenses incurred by the employee will be reimbursed by the Employer. The employee will make every reasonable effort to mitigate any losses incurred and will provide proof of such action to the Employer.

An employee required to attend a training course will, where practicable, be given two (2) months' advance notice of the nature and location of the course. However, an employee assigned to a training course outside of his/her headquarters area, which will necessitate his/her absence from his/her home for a period of more than fourteen (14) consecutive calendar days will be given a minimum of one (1) month's notice.

(a) An employee will not be required to attend a course or series of courses in excess of twelve (12) continuous weeks' duration.

(i) Courses which are primarily for employees and conducted by members of the Electronics Group shall operate on days otherwise recognized as designated holidays when such days occur within the course schedule.

(ii) Whenever the Employer can arrange courses, not conducted by members of the Electronics Group, to operate on days otherwise recognized as designated paid holidays they will do so and will advise the attendees of this requirement in advance.

(iii) All employees attending such courses on a designated paid holiday shall receive the equivalent of a day's straight-time pay and shall be credited with a lieu day as is appropriate under clause 26.05 or 26.09(a) and (b).

(iv) Where the Employer is unable to arrange for a course, attended by employees outside their assigned headquarters' area, to be conducted on what are otherwise considered to be designated paid holidays, the employees shall be notified of such in advance and the day in question shall be recognized as a holiday in accordance with clause 26.03 and shall constitute a deduction from lieu day credits as provided in 26.05, 26.07, 26.08, 26.09 or 26.11(b).

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(c) Clause (b) above shall apply to employees in Foreign Affairs and International Trade (DFAIT) only when they are required to attend courses outside their headquarters' area.

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(d) The Employer will make every reasonable effort to ensure that training courses do not require employees to be away from their headquarters area between December 15^th and January 5^th.

43.07 If the Employer requires an employee to become proficient in the use of a second language, language training will be paid for by the Employer.

43.08 When training courses are given in locations where French is the employees' working language, such courses shall be conducted in the French language except where, because of the nature of the course content, the employees attending the course request that the instruction be given in the English language.

43.09 When, in connection with training courses given under the terms of this Article, the courses entail classroom or associated instruction of seven (7) or less hours per day, exclusive of a meal period, no overtime claim from participants will be recognized or paid, except as may be involved in travel immediately prior to or following the course from his/her residence to his/her place of lodging during the course and vice versa.

43.10 An employee assigned to a training course outside of his/her headquarters' area, which will necessitate his/her absence from his/her assigned work place for a period of more than fourteen (14) consecutive calendar days, will not be required to report for work on the day(s) he/she is assigned to travel to such training course. Except in respect of travel on a day of rest or a designated paid holiday, an employee will receive his/her normal salary for the day(s) but no additional payment will be made for time spent travelling unless such time exceeds eight (8) hours per day. Such excess hours will be paid at the rate of time and one-half (1 1/2).

43.11 On return from a training course outside of his/her headquarters area, which necessitated his/her absence from his/her assigned work place for a period of more than fourteen (14) consecutive calendar days, an employee may travel on the day his/her course terminates; but when the employee is given a following day or days off with pay for the purpose of travel, he/she shall receive no additional payment for time spent travelling unless such time exceeds eight (8) hours per day. Such excess hours will be paid at the rate of time and one-half (1 1/2).

43.12 Clause 43.10 and 43.11 shall not apply to an employee who lives at home while on an assigned training course.

43.13 Instructors will not be required to provide formal instruction (be formally in contact with the students in a classroom or laboratory environment) to students in excess of an average of twenty (20) hours per week over a fiscal year. Such hours are part of the hours of work set out in clause 23.04.

ARTICLE 44
TECHNOLOGICAL CHANGE

44.01 Both parties recognize the overall advantages of technological change. Both parties will, therefore, encourage and promote technological change and improvements in the Electronics field.

44.02 With this in view, and recognizing the extensive lead time required for the selection, installation and proving of sophisticated electronic equipment, the Employer agrees to provide as much advance notice as is practicable but not less than six (6) months' notice to the Union of any major technological change in electronic equipment which would result in changes in the employment status or working conditions of employees as provided for in this Agreement. In addition, the Employer agrees to consult with the Union with a view to resolving problems which may arise as a result of the introduction of such technological change.

44.03 If, during the life of this Agreement, it becomes likely that an employee will become redundant, the Employer will notify the Union forthwith and agrees to meet with the Union within thirty (30) days of a written request by the Union to do so, to discuss the matter fully and, if necessary to ensure that all steps including those provided by the Employer's manpower adjustment procedures have been fully utilized.

ARTICLE 45
SAFETY AND SECURITY

45.01 The Employer shall make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on this subject and, to this end, local committees will continue to be utilized. These will be composed of Union and Employer representatives, will meet periodically for the correction of unsafe or potentially harmful work practices, will review and examine reports of serious accidents, and will carry out inspections of work sites when this is warranted by circumstances, and make recommendations.

45.02 In addition, a national committee composed of not less than three (3) Employer representatives and not less than three (3) Union representatives will be established to review the activities and reports of the various local committees, to review accident frequency and accident severity records, to promote health and safety education on a national basis, and to recommend procedures and techniques designed or intended to prevent or reduce the risk of employee injury.

45.03 The Union agrees to participate on the above-mentioned safety committees and to make every effort to encourage its members to observe all safety rules and to use all the appropriate protective equipment and safeguards.

45.04 In the interests of safety the Employer will continue to provide all training it considers necessary to employees required to work on new equipment and facilities either by on-the-job training or by formal or informal training at factories or at Employer training schools. The Employer will also continue to provide training in safety practices to employees while attending technical courses at the Employer's schools.

45.05 The Employer shall provide medical services and facilities necessary for the treatment of occupational illness or injuries.

45.06 In the event of a fatal accident a representative of the Local will be invited to be present, where possible, in the Employer's investigation of the accident.

ARTICLE 46
FOREIGN AFFAIRS

Foreign Technicians and Engineers shall not be permitted to work on Canadian-owned electronics equipment installed or maintained by the Infrastructure Technology Division without the approval of the Regional Technical Manager (RTM) or if he/she is not available, the Head of Mission (HOM) or delegate after consultation with the Infrastructure Technology Division (SXT) Ottawa. The RTM or HOM shall only give permission in emergency situations and the work performed shall be inspected by a DFAIT employee in the Electronics group at the next possible opportunity.

Where building and space limitations permit, the Employer shall provide adequate and where possible separate workshop facilities at posts abroad.

Home leave will normally be taken immediately upon return to Canada for duty in Canada. At the request of an employee and where operational requirements permit, home leave may be deferred to a time mutually agreed upon by the employee and the Employer.

Upon request, the Employer shall advise an employee of his/her status for posting purposes.

The Employer shall advise an employee of any change in his/her status for posting purposes and, where possible, will provide reasons for the change.

An employee shall have the right to discuss his/her status for posting purposes with his/her assignment officer.

The Employer agrees to continue to provide employees with the use of the diplomatic mail service in conformity with the practice generally applicable throughout the Foreign Service.

Where on removal to a post or return to Ottawa an employee, with the approval of the Employer engages in travel by land or sea, preceded or followed by travel by air, the Employer will bear the cost of forwarding by air for the latter portion of the journey the employee's accompanying baggage other than personal hand luggage. This cost will be borne provided a separate air shipment from the point of departure to the employee's destination has not been authorized. The weight limitation on air shipments shall be in accordance with current practice and subject to the approval of the Employer.

Diplomatic passports will be issued to employees in the Department of Foreign Affairs and International Trade posted or travelling abroad when the Employer considers necessary the protection provided by such passports.

46.08 Electronic Technologists or Technicians at posts abroad will be responsible to the Deputy Head of Post or Officer Delegate.

ARTICLE 47
POSTING

47.01 Whenever practicable, advance notice of a change in posting or a transfer shall be given to an employee. Such notice shall not normally be less than three (3) months. Every reasonable effort will be made to effect such posting or transfer of an employee during his/her children's vacations from school.

ARTICLE 48
EMPLOYEE PERFORMANCE REVIEW
AND EMPLOYEE FILES

48.01 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 and understood. A copy of an employee's completed assessment form will be provided to the employee.

48.02 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 at the time of filing or within a reasonable period thereafter. In the case of discharge such evidence will be limited to the grounds stated in the notice of discharge given to the employee.

48.03 When an unsatisfactory report is placed on an employee's file, the employee concerned must be given an opportunity to sign the report in question to indicate that its contents have been read and understood.

48.04 Any document relating 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 infraction took place provided that no further occurrence of disciplinary action has been recorded during this subsequent period.

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

ARTICLE 49
LOSS OF PERSONAL EFFECTS

49.01 An employee who suffers loss of clothing or personal effects will be compensated in accordance with Order-in-Council, PC-1974-4/1946.

49.02 Where an employee is assigned to duty aboard a ship and suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of a marine accident or disaster, the employee shall be reimbursed the value of those articles up to a maximum of one thousand dollars ($1,000) based on replacement cost less the usual rate of depreciation.

ARTICLE 50
TOOLS

50.01 The Employer agrees to continue its present practice of supplying tools where it considers them necessary.

50.03 An employee who through neglect or negligence destroys or loses any of the tools issued to him/her by the Employer shall be held responsible for such damage or loss.

ARTICLE 51
MANUALS

51.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all manuals considered necessary to their work by the Employer, and manuals of a non-confidential nature relating to their terms and conditions of employment.

ARTICLE 52
POWER UNITS

52.01 Electronics personnel are not required to be responsible for the care and operation of gasoline/diesel power generating units.

52.02 While at equipment sites, electronics personnel may be required to perform regular plant run-ups, checking of oil or antifreeze levels and other minor inspections. An employee may also be required to perform minor maintenance/repair activities on environmental control systems such as the replacement or adjustment of modules and components.

52.03 It is recognized that at isolated work locations, where normal maintenance services are not available, employees may attempt to repair gasoline/diesel power generating units.

ARTICLE 53
FLYING ACCIDENTS

53.01 When an employee dies or is injured as a result of an unscheduled flight he/she is required to undertake, he/she or his/her estate shall be paid compensation with respect to flying accidents in accordance with the policy in effect at the time the accident occurred.

ARTICLE 54
PAY ADMINISTRATION

An employee, other than an employee paid a holding rate or acting pay, shall be paid for services rendered a rate of pay specified in Appendix "B" for his/her classification level prescribed in his/her certificate of appointment.

(a) A person appointed to a classification level from outside the Public Service shall be paid at the minimum rate applying to that level except where the Employer, in its discretion, authorizes a higher rate of pay.

(b) An employee appointed to a classification level from within the Public Service shall be paid a rate of pay as determined by the application of clause 54.04, 54.05 or 54.06 as applicable.

(c) An employee to whom sub-clause 54.03(a) applied and who was appointed above the minimum rate during a period where a pay increase becomes retroactive and who was notified in writing prior to his/her appointment that a negotiated retroactive pay increase would not apply to him/her shall, effective the date of his/her appointment, have his/her rate of pay on appointment altered to the rate in the new scale of rates for his/her classification level which is nearest to but not less than the rate at which the employee was appointed. Changes in the employee's rate of pay which took place during the retroactive period will be recalculated on the basis of that new rate.

(d) When a person is appointed to the Public Service within one (1) year of having been laid off, he/she shall be paid in accordance with clause 54.04, 54.05 or 54.06 as if he/she were being appointed to a classification level from within the Public Service. For purposes of applying clause 54.04, 54.05 or 54.06 the employee's rate of pay "immediately before the appointment" shall be deemed to be the rate the employee was being paid when he/she was laid off, except that if the rate the employee was being paid when he/she was laid off has been revised subsequent to the employee being laid off the employee's rate of pay "immediately before the appointment" shall be deemed to be the revised rate.

54.04 Rate of Pay on Appointment to a Classification Level Having a Higher Maximum Rate

An employee appointed to a classification level having a maximum rate of pay four per cent (4%) or more greater than the maximum of his/her former classification level shall be paid in his/her new classification level at the rate of pay, nearest to the rate he/she was receiving immediately before the appointment (see clause 54.10 for application on acting pay and temporary assignment), that gives him/her an increase in pay of not less than the smallest pay increment for his/her new classification level. If there is no such rate, the employee shall be paid the maximum rate in his/her new scale.

54.05 Rate of Pay on Appointment to a Classification Level Having a Lower Maximum Rate

(Except in the case of reclassification of duties and responsibilities to a level having a lower maximum rate where clause 54.12 would apply.)

(a) An employee appointed, other than for incompetence or incapacity, to a classification level having a lower maximum rate of pay than his/her former classification level may be paid at any rate in the scale of rates for the new classification level to which he/she is appointed which is not less than the rate of pay the employee was receiving immediately before the appointment (see clause 54.10 for application on acting pay and temporary assignment), or if there is no such rate the employee shall be paid the maximum of his/her new scale of rates.

(b) An employee appointed, because of his/her incompetence, to a classification level having a lower maximum rate of pay than his/her former classification level shall be paid in his/her new classification level at a rate of pay to be determined by the Employer.

(c) An employee appointed, because of his/her incapacity, to a classification level having a lower maximum rate of pay than his/her former classification level shall be paid in his/her new classification level at a rate of pay to be determined by the Employer.

(b) a maximum rate which exceeds the employee's former maximum rate by less than four per cent (4%).

(c) An employee appointed to a classification level having the same maximum rate of pay as his/her former classification level shall be paid a rate of pay in his/her new scale of rates nearest to but not less than the rate he/she was receiving immediately before the appointment (see clause 54.10 for application on acting pay and temporary assignment), or if there is no such rate the employee shall be paid the maximum of his/her new scale of rates, except that when the employee is being paid a holding rate and the appointment is to the same classification level the employee shall retain his/her holding rate.

(d) An employee appointed to a classification level having a maximum rate of pay which exceeds the maximum rate of his/her former classification level by less than four per cent (4%) shall be paid a rate of pay in his/her new scale of rates nearest to but not less than the rate he/she was receiving immediately before the appointment (see clause 54.10 for application on acting pay and temporary assignment), except that if there is no such rate the employee shall be paid the maximum of his/her new scale of rates.

54.07 Rates of Pay on Appointment Where the Effective Date of Appointment Coincides With a Pay Increment Date and/or a Pay Revision Date

Where there is a coincidence of dates of appointment, pay increment and/or pay revision, the employee's rate shall be adjusted in the following sequence as applicable:

(c) his/her rate of pay on appointment shall be established in the revised scale of rates in the new classification level in accordance with the provisions of clause 54.04, 54.05 or 54.06.

An employee who is required by the Employer to perform on an acting basis the duties of a higher position to which a higher rate of pay would apply, if appointed for a period of at least three (3) consecutive scheduled working days for a non-operating employee or at least three (3) consecutive scheduled working days for an operating employee, shall be paid acting pay, from the date on which he/she commenced to act, equal to the difference between the employee's current rate of pay and the rate of pay to which he/she would be entitled if he/she were appointed to the position.

Acting pay will be recalculated as the result of any pay increment or any change to the range of rates in the employee's substantive position or any change to the range of rates in the higher position.

An employee of the Public Service from outside the bargaining unit who is temporarily assigned to, and performs for at least ten (10) consecutive working days, the duties of a classification level in the bargaining unit having a higher maximum rate of pay than the maximum rate of pay for the classification level held by him/her, shall be paid from the first day of his/her temporary assignment the rate of pay of the higher classification level as if he/she had been appointed to the higher classification level.

54.10 Pay of an Employee on Termination of Acting Pay within the Bargaining Unit or Termination of Temporary Assignment Outside the Bargaining Unit

(a) On termination of acting pay within the bargaining unit or termination of a temporary assignment outside the bargaining unit, an employee shall be entitled to pay from the date of termination as if he/she had remained in his/her classification level in the bargaining unit. The rate so determined shall also be the employee's rate of pay for the purpose of calculating a new rate of pay for any appointment, acting pay within the bargaining unit or temporary assignment outside the bargaining unit which coincides with the termination date.

(b) Where an employee on acting pay or on temporary assignment is appointed to the classification level in which he/she is acting or temporarily assigned, the employee shall continue to be paid in that classification level at the rate of pay he/she is receiving and his/her service in that classification level shall be recognized in determining his/her increment date.

An employee who on the effective date of this Agreement was being paid in a holding range of rates shall continue to be paid in that range of rates until such time as the maximum rate of pay for his/her classification level is equal to or higher than the maximum of his/her holding range of rates. At such time the employee will be paid at the rate which is nearest to but not less than his/her holding rate and the employee shall retain his/her increment date.

54.12 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 he/she 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.

(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.

(a) Except as provided in sub-clause 54.13(b) an employee's salary shall be increased by a pay increment on completion of the pay increment period specified in Appendix "B".

(b) The Employer may deny a pay increment to an employee if it is satisfied the employee is not performing the duties of his/her position satisfactorily. Where the Employer intends to deny a pay increment from an employee it shall, at least two (2) weeks but not more than six (6) weeks before the due date for the pay increment to the employee, give the employee, in writing the reason for the denial.

(c) Where the Employer has denied an increment it may grant the increment on any Monday prior to the expiry of the increment period following and the employee shall retain his/her increment date. The Employer shall review the employee's performance three (3) months after the date of denial and decide whether or not the employee's increment should be granted.

(d) The pay increment date of an employee who has an established quarterly increment date shall be the Monday nearest to that quarterly increment date.

(e) The pay increment date of an employee who is appointed in accordance with sub-clause 54.03(a), 54.04 or 54.05 shall be the first Monday following completion of his/her pay increment period specified in Appendix "B".

(f) The increment of an employee appointed in accordance with clause 54.06 will become due at the end of the increment period specified in Appendix "B" calculated from the date from which his/her increment period would have been calculated in his/her former classification level.

(g) This clause does not apply to an employee who is on leave without pay except when the leave without pay is for a period of two (2) months or less or is on leave of absence for military leave, education leave or on election to a full-time municipal office or on leave as per Article 16.

If, during the term of this Agreement, the Employer establishes and implements a new classification standard, the Employer, following consultation with the Local may apply rates of pay to the classification levels of the standard. If the Local does not agree to the rates as final rates, they shall be considered temporary rates and the Employer will negotiate the rates of pay with the Local. The rates of pay finally agreed will be effective retroactively to the date the temporary rates of pay were applied by the Employer.

When an employee dies the Employer shall pay to the estate of that employee the amount of pay the employee would have received but for his/her death for the period from the date of the employee's death to the end of the month in which the employee's death occurred.

(a) The Employer will endeavour to make cash payments for overtime premium and shift differential within four (4) weeks following the end of the calendar month in which they are earned.

(b) The Employer will endeavour to make cash payments in settlement of travel claims within six (6) weeks of the submission of the claim by the employee.

Sections 63 to 85 inclusive of the Public Service Terms and Conditions of Employment Regulations (or sections of the Terms and Conditions of Employment Regulations that have been issued to accompany Agreements), the Conversion and Post-Conversion Pay Regulations and the Retroactive Remuneration Regulations cease to apply to employees in the bargaining unit.

54.18 When an employee, through no fault of his/her own, has been overpaid, the paying office will, before recovery action is implemented, advise the employee of the intention to recover the overpayment. Where the amount of overpayment is in excess of fifty dollars ($50), and where the employee advises his/her Local Management that the stated recovery action will create a hardship, arrangements will be made by the Department with the paying office to limit recovery action to not more than 10% of the employee's pay each period until the entire amount is recovered.

For the purpose of this Article, "Public Service" means that part in respect of which Her Majesty as represented by the Treasury Board is the Employer.

ARTICLE 55
MISCELLANEOUS

55.01 Except as otherwise provided in Articles 12, 15, 22, 26, 28, 30 and Appendix "B" (Check-off, Time Off for Local Business, Severance Pay, Designated Holidays, Call-Back, Shift and Weekend Premiums and Pay Rates), the terms and conditions of employment for seasonal employees are not altered by this Agreement.

ARTICLE 56
DIVING DUTY ALLOWANCE

56.01 Qualified personnel performing assigned diving duties shall be paid an extra allowance of twelve dollars and fifty cents ($12.50) per hour. The minimum allowance shall be for two (2) hours per dive.

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

ARTICLE 57
REDUNDANCY

57.01 If, during the life of this agreement it becomes likely that an employee's services will no longer be required, the Employer agrees to give as much advance notice as is practicable but not less than three (3) months' notice to the Union and agrees to meet with the union within thirty (30) days of a written request by the union to do so, to discuss the matter fully and, if necessary to ensure that all steps including those provided by the Employer's manpower adjustment procedures have been fully utilized.

ARTICLE 58
AGREEMENT RE-OPENER CLAUSE

ARTICLE 59
DURATION AND RENEWAL

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

APPENDIX "A"

PENOLOGICAL FACTOR ALLOWANCE

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

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

3. The payment of the allowance for the penological factor is determined by the following formula:

The value of "X" is set at $1,600 per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

5. Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in Section 1 above are applicable.

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

7. Except as prescribed in Section 10 below, an employee shall be entitled to receive PFA for any month in which he/she receives a minimum of ten (10) days' pay in a position to which PFA applies.

8. Except as provided in Section 9 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different degree of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one (1) position to which PFA applies, the employee shall receive the higher allowance, provided he/she has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.

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

10. An employee will be entitled to receive PFA, in accordance with the PFA applicable to his/her regular position:

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

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

11. PFA shall not form part of an employee's salary except for the purposes of the following:

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

12. If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to him/her or his/her estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.


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