Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
**
28.01 The Employer acknowledges the exclusive right of the Institute to appoint stewards from
amongst the members of the bargaining unit for which the Institute is the certified bargaining agent.
28.02 The Employer and the Institute shall, by mutual agreement, determine the area of jurisdiction
of each steward, having regard to the plan of organization and the distribution of employees.
28.03 The Institute shall inform the Employer promptly and in writing of the names of its stewards,
their jurisdiction, and of any subsequent changes.
28.04 A steward shall obtain the permission of his immediate supervisor before leaving his work to
investigate with fellow employees complaints of an urgent nature, to meet with local management for the purpose of
dealing with such complaints or problems, and to attend meetings called by management. Such permission shall not be
unreasonably withheld. After the Steward resumes his duties, he shall so notify his supervisor as soon as
practicable.
(1) Complaints made to the Public Service Staff Relations Board pursuant to Section 23 of the Public Service
Staff Relations Act
Where operational requirements permit, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his own behalf before the Public Service Staff Relations Board;
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute
making a complaint.
(2) Applications for Certification, Representations and Interventions with respect to Applications for
Certification
Where operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Institute in an application for certification or in an intervention;
and
(b) to an employee who makes personal representations with respect to a certification.
(3) Employee called as a Witness
The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations Board;
and
(b) where operational requirements permit, to an employee called as a witness by an employee or the Institute.
(1) Where operational requirements permit, the Employer will grant leave with pay to an
employee representing the Institute before an Arbitration Board, Conciliation Board or in an Alternate Dispute
Resolution Process.
(2) Employee called as a Witness
The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Conciliation
Board or in an Alternate Dispute Resolution Process and, where operational requirements permit, leave with pay to an
employee called as a witness by the Institute.
(1) Employee who is a Party
Where operational requirements permit, the Employer will grant leave with pay to an employee who is a party.
(2) Employee who Acts as Representative
Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee
who is a party.
(3) Employee called as a Witness
Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who
is a party.
(1) Employee Presenting Grievance
Where operational requirements permit, the Employer will grant to an employee:
(a) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when
the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the
headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee
when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held
outside the headquarters area of such employee.
(2) Employee who Acts as Representative
Where an employee wishes to represent at a meeting with the Employer, an employee who has presented a grievance, the
Employer will, where operational requirements permit, grant leave with pay to the representative when the meeting is
held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters
area of such employee.
(3) Grievance Investigations
Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a
grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the
employee and the representative of the employee will, where operational requirements permit, be given reasonable leave
with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without
pay when it takes place outside the headquarters area of such employee.
Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of
attending contract negotiations meetings on behalf of the Institute.
Where operational requirements permit, the Employer will grant leave without pay to an employee to attend
preparatory contract negotiations meetings.
Where operational requirements permit, the Employer will grant leave with pay to an employee who is meeting with
management on behalf of the Institute.
Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees
to attend meetings and conventions provided in the constitution and by-laws of the Institute.
Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the
authority of a representative on behalf of the Institute to undertake training related to the duties of a
representative.
Where the status of leave requested cannot be determined until the Public Service Staff Relations Board or an
adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate
leave status.
30.01 The Employer will continue past practice in giving all reasonable consideration to continued
employment in the Public Service of employees who would otherwise become redundant because work is contracted out.
31.01 The Public Service Staff Relations Act provides penalties for engaging in illegal
strikes. Both parties agree that disciplinary action may also be taken, which will include penalties up to and
including discharge, for participation in an illegal strike as defined in the Public Service Staff Relations
Act.
32.01 The parties agree that, in the event of a dispute arising out of the interpretation of a
clause or Article in this Agreement, it is desirable that the parties should meet within a reasonable time and seek to
resolve the problem. This Article does not prevent an employee from availing himself of the grievance procedure
provided in this Agreement.
33.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded
by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and
which the parties to this Agreement have endorsed, the grievance procedure will be in accordance with section 14.0 of
the NJC by-laws.
33.02 The parties recognize the value of informal discussion between employees and their
supervisors to the end that problems might be resolved without recourse to a formal grievance. When an employee, within
the time limits prescribed in clause 33.09, gives notice that he wishes to take advantage of this clause, it is agreed
that the period between the initial discussion and the final response shall not count as elapsed time for the purpose
of grievance time limits.
33.03 An employee who wishes to present a grievance at any prescribed step in the grievance
procedure, shall transmit this grievance to his immediate supervisor or local officer-in-charge who shall
forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the
appropriate step;
and
(b) provide the employee with a receipt stating the date on which the grievance was received by him.
33.04 A grievance of an employee shall not be deemed to be invalid by reason only of the fact that
it is not in accordance with the form supplied by the Employer.
33.05 Subject to and as provided in section 91 of the Public Service Staff Relations Act,
an employee who feels that he has been treated unjustly or considers himself aggrieved by an action or lack of action
by the Employer in matters other than those arising from the classification process is entitled to present a grievance
in the manner prescribed in clause 33.03, except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with his
specific complaint such procedure must be followed;
and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral
award, he is not entitled to present the grievance unless he has the approval of and is represented by the
Institute.
33.06 There shall be no more than a maximum of four (4) steps in the grievance procedure. These
steps shall be as follows:
(a) Step 1 - first level of management;
(b) Steps 2 and 3 in departments or agencies where such steps are established - intermediate step(s);
(c) Final Step - Chief Executive or his authorized representative.
33.07 The Employer shall designate a representative at each step in the grievance procedure and
shall inform each employee to whom the procedure applies of the name or title of the person so designated together with
the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be
presented.
This information shall be communicated to employees by means of notices posted by the Employer in places where such
notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise
as determined by agreement between the Employer and the Institute.
33.08 If he so desires, an employee may be assisted and/or represented by the Institute when
presenting a grievance at any step. The Institute shall have the right to consult with the Employer with respect to a
grievance at each or any step of the grievance procedure.
33.09 An employee may present a grievance to the first (1st) step of the procedure in
the manner prescribed in clause 33.03, not later than the twenty-fifth (25th) day after the date on which he
is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to
grievance.
33.10 An employee may present a grievance at each succeeding step in the grievance procedure beyond
the first (1st) step either:
(a) where the decision or settlement is not satisfactory to him, within ten (10) days after that decision or
settlement has been conveyed in writing to him by the Employer;
or
(b) where the Employer has not conveyed a decision to him within the time prescribed in clause 33.11, within fifteen
(15) days after he presented the grievance at the previous step.
33.11 The Employer shall normally reply to an employee's grievance at any step of the grievance
procedure, except the final step, within ten (10) days after the grievance is presented, and within twenty (20) days
where the grievance is presented at the final step.
33.12 Where an employee has been represented by the Institute in the presentation of his grievance,
the Employer will provide the appropriate representative of the Institute with a copy of the Employer's decision at
each step of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.
33.13 Where a grievance has been presented up to and including the final step in the grievance
process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the
final step in the grievance process is final and binding and no further action may be taken under the Public
Service Staff Relations Act.
33.14 In determining the time within which any action is to be taken as prescribed in this
procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
33.15 Where the provisions of clause 33.03 cannot be complied with and it is necessary to present a
grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it
shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the
department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any step on the
date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present
his grievance at the next higher step shall be calculated from the date on which the Employer's reply was delivered to
the address shown on the grievance form.
33.16 The time limits stipulated in this procedure may be extended by mutual agreement between the
Employer and the employee and, where appropriate, the Institute representative, except as provided in clause 33.18.
33.17 Where it appears that the nature of the grievance is such that a decision cannot be given
below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Institute.
33.18 Where the Employer demotes or terminates an employee pursuant to paragraph 11(2)(f) or (g) of
the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except
that:
(a) the grievance may be presented at the final step only;
and
(b) the twenty (20) day time limit within which the Employer is to reply at the final step may be extended to a
maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Institute.
33.19 An employee may, by written notice to his immediate supervisor or officer-in-charge, abandon
a grievance.
33.20 Any employee who fails to present a grievance to the next higher step within the prescribed
time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was
unable to comply with the prescribed time limits.
33.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat
to cause an employee to abandon his grievance or refrain from exercising his right to present a grievance, as provided
in this Collective Agreement.
33.22 Where an employee has presented a grievance up to and including the final step in the
grievance procedure with respect to:
(a) the interpretation or application in respect of him of a provision of this Collective Agreement or related
arbitral award;
or
(b) termination of employment or demotion pursuant to paragraph 11(2)(f) or (g) of the Financial Administration
Act;
or
(c) disciplinary action resulting in suspension or a financial penalty;
and his grievance has not been dealt with to his satisfaction, he may refer the grievance to adjudication in
accordance with the provisions of the Public Service Staff Relations Act and Regulations.
33.23 Where a grievance that may be presented by an employee to adjudication is a grievance
relating to the interpretation or application in respect of him of a provision of this Agreement or an arbitral award,
the employee is not entitled to refer the grievance to adjudication unless the Institute signifies in prescribed
manner:
(a) its approval of the reference of the grievance to adjudication;
and
(b) its willingness to represent the employee in the adjudication proceedings.
34.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items which
may be included in a collective agreement, and which the parties to this Agreement have endorsed after December 6,
1978, will form part of this Collective Agreement, subject to the Public Service Staff Relations Act (PSSRA)
and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act
specified in Schedule II of the PSSRA.
34.02 The NJC items which may be included in a collective agreement are those items which parties
to the NJC agreements have designated as such or upon which the Chairman of the Public Service Staff Relations Board
has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
**
34.03 The following directives, policies or regulations, as amended from time to time by NJC
recommendation and which have been approved by the Treasury Board of Canada, form part of this Collective
Agreement:
(1) Foreign Service Directives
(2) Government Travel and Living Accommodations Directive
(3) Isolated Posts and Government Housing Directive
(4) Memorandum of Understanding on the Definition of 'Spouse'
(5) NJC Relocation - IRP Directive
(6) Commuting Assistance Directive
(7) Bilingualism Bonus Policy Directive
(8) Public Service Health Care Plan Directive
(9) Uniforms Directive
Occupational Safety and Health
(10) Boiler and Pressure Vessels Directive
(11) Hazardous Substances Directive
(12) Electrical Directive
(13) Elevating Devices Directive
(14) First-Aid Safety and Health Directive
(15) First-Aid Allowance Directive
(16) Tools and Machinery Directive
(17) Hazardous Confined Spaces Directive
(18) Materials Handling Safety Directive
(19) Motor Vehicle Operations Directive
(20) Noise Control and Hearing Conservation Directive
(21) Personal Protective Equipment and Clothing Directive
(22) Pesticides Directive
(23) Elevated Work Structures Directive
(24) Use and Occupancy of Buildings Directive
(25) Sanitation Directive
(26) Refusal to Work Directive
(27) Committees and Representatives Directive
34.04 During the term of this Collective Agreement, other directives, policies or regulations may
be added to the above-noted list.
34.05 Grievances in regard to the above directives, policies or regulations shall be filed in
accordance with clause 33.01 of the Article on grievance procedure in this Collective Agreement.
35.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will
consult on matters of common interest.
**
35.02 The subjects that may be determined as appropriate for joint consultation will be by mutual
agreement of the parties with the exception of career development which will be a standing item for discussion at all
levels of the Joint Consultation meetings. Consultation may be at the local, regional or national level as determined
by the parties.
35.03 Wherever possible, the Employer shall consult with representatives of the Institute at the
appropriate level about contemplated changes in conditions of employment or working conditions not governed by this
Agreement.
The consultation committees shall be composed of mutually agreeable numbers of employees and Employer
representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the
Employer's premises during working hours.
35.05 Employees forming the continuing membership of the Consultation Committees shall be protected
against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel
time where applicable.
35.06 Joint consultation committees are prohibited from agreeing to items which would alter any
provision of this Collective Agreement.
**
36.01 Where written departmental Standards of Discipline are developed or amended, the Employer
agrees to supply sufficient information on the Standards of Discipline to each employee and to the Institute.
36.02 The Employer agrees to consult with the Institute when existing written Standards of
Discipline are to be amended. The Employer further agrees to carefully consider and, where appropriate, introduce
Institute recommendations on the matter.
**
36.03 Where an employee is required to attend a meeting on disciplinary matters, the employee is
entitled to have a representative of the Institute attend the meeting when the representative is readily available.
Where practicable, the employee shall receive in writing a minimum of two (2) working days notice of such meeting.
36.04 The Employer agrees not to introduce as evidence in a hearing related to disciplinary action
any document or written statement concerning the conduct of an employee unless that employee has been provided with a
copy of that document or statement within a reasonable period before that hearing.
36.05 Notice of disciplinary action which may have been placed on the personnel file of an employee
shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further
disciplinary action has been recorded during this period.
37.01 Part-time employee means a person whose normal scheduled hours of work are less than
thirty-seven and one-half (37 1/2) hours per week, but not less than those prescribed in the Public Service Staff
Relations Act.
37.02 Part-time employees shall be entitled to the benefits provided under this Agreement in the
same proportion as their normal scheduled weekly hours of work compare with the normal weekly hours of work of
full-time employees unless otherwise specified in this Agreement.
37.03 The days of rest provisions of this Collective Agreement apply only in a week when a
part-time employee has worked five (5) days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the
hourly rate of pay.
37.04 Leave will only be provided:
(i) during those periods in which employees are scheduled to perform their duties;
or
(ii) where it may displace other leave as prescribed by this Agreement.
37.05 A part-time employee shall not be paid for the designated holidays but shall instead be paid
a premium of four point two five per cent (4.25%) for all straight-time hours worked during the period of part-time
employment.
37.06 When a part-time employee is required to work on a day which is prescribed as a designated
paid holiday for a full-time employee in clause 12.01 of this Agreement, the employee shall be paid time and one-half
(1 1/2) the hourly rate of pay for all hours worked.
37.07 Overtime means:
(i) in the case of a part-time employee, authorized work in excess of seven and one-half (7 1/2) hours per day or
thirty-seven and one-half (37 1/2) hours per week but does not include time worked on a holiday;
(ii) in the case of a part-time employee whose normal scheduled hours of work are in excess of seven and one-half (7
1/2) hours per day in accordance with clause 37.13 of this article, authorized work in excess of those normal scheduled
daily hours or an average of thirty-seven and one-half (37 1/2) hours per week.
37.08 Subject to clause 8.05 of Article 8, Overtime, a part-time employee who is required to work
overtime shall be paid at time and one half for all overtime hours, except where an employee works more than seven and
one-half (7 1/2) overtime hours in any workday the employee shall be paid at double (2) time after the first seven and
a half (7 1/2) overtime hours until the conclusion of the overtime requirement.
37.09 A part-time employee shall earn vacation leave credits for each month in which the employee
receives pay for at least twice (2) the number of hours in the employee's normal work week, at the rate for years of
employment established in clause 15.02, prorated and calculated as follows:
(a) when the entitlement is nine decimal three seven five (9.375) hours a month, .250 multiplied by the number of
hours in the employee's work week per month;
(b) when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of hours in the
employee's work week per month;
**
(c) when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of
hours in the employee's work week per month;
(d) when the entitlement is fourteen decimal three seven five (14.375) hours a month, .383 multiplied by the number
of hours in the employee's work week per month;
(e) when the entitlement is fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of
hours in the employee's work week per month;
**
(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number
of hours in the employee's work week per month;
(g) when the entitlement is eighteen decimal seven five (18.75) hours a month, .5 multiplied by the number of hours
in the employee's work week per month;
(h) however, a part-time employee who has received or is entitled to receive furlough leave shall have the
employee's vacation leave credits earned reduced by one-twelfth (1/12) of the hours in the part-time work week,
beginning in the month in which the twentieth (20th) anniversary of continuous employment occurs until the
beginning of the month in which the employee's twenty-fifth (25th) anniversary of continuous employment
occurs.
37.10 A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the
number of hours in an employee's normal work week for each calendar month in which the employee has received pay for at
least twice (2) the number of hours in the employee's normal work week.
(a) For the purposes of administration of clauses 37.09 and 37.10, where an employee does not work the same number
of hours each week, the normal work week shall be the weekly average calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not
earn vacation or sick leave credits in excess of the entitlement of a full-time employee.
37.12 Notwithstanding the provisions of Article 19, Severance Pay, where the period of continuous
employment in respect of which severance benefit is to be paid consists of both full- and part-time employment or
varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment
eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent
full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the
appropriate group and level to produce the severance pay benefit.
37.13 Upon request of an employee and with the concurrence of the Employer, a part-time employee
may complete his scheduled weekly hours of work in a manner that permits such an employee to work in excess of seven
and one-half (7 1/2) hours in any one day provided that over a period of twenty-eight (28) calendar days the part-time
employee works an average of his or her scheduled weekly hours of work. As part of this clause, attendance reporting
shall be mutually agreed between the employee and the Employer.
37.14 For an employee who completes required hours of work pursuant to 37.13, the definition of
"daily rate of pay" paragraph 2.01(d) of Article 2 shall not apply.
38.01 For the purpose of this Article:
(a) a formal assessment and/or appraisal of an employee's performance means any written assessment and/or appraisal
by any supervisor of how well the employee has performed his assigned tasks during a specified period in the past;
(b) formal assessments and/or appraisals of employee performance shall be recorded on a form prescribed by the
Employer for this purpose.
(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an
opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read.
An employee's signature on his assessment form shall be considered to be an indication only that its contents have been
read and shall not indicate his concurrence with the statements contained on the form. A copy of the employee's
assessment form shall be provided to him at the time the assessment is signed by the employee.
(b) The Employer's representative(s) who assess an employee's performance must have observed or been aware of the
employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.
(c) An employee has the right to make written comments to be attached to the performance review form.
38.03 When an employee disagrees with the assessment and/or appraisal of his work he shall have the
right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or
appraisal decision.
38.04 Upon written request of an employee, the personnel file of that employee shall be made
available once per year for his examination in the presence of an authorized representative of the Employer.
38.05 When a report pertaining to an employee's performance or conduct is placed on that employee's
personnel file, the employee concerned shall be given an opportunity to sign the report in question to indicate that
its contents have been read.
39.01 On application by an employee, the Employer shall provide personal references to the
prospective employer of such employee, indicating length of service, principal duties and responsibilities and
performance of such duties.
A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit which are in
the Correctional Service Canada, subject to the following conditions.
40.01 The Penological Factor Allowance (PFA) 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.
The factor recognizes the differences between maximum, medium and minimum security penal institutions, as designated
by the Employer, and distinguishes between continual, frequent and limited degrees of exposure, as follows:
Continual
|
means fulfilment of the conditions described in clause 40.01 above throughout the working day and recurring
daily.
|
Frequent
|
means fulfilment of the conditions described in clause 40.01 above for part or parts of the working day and
generally recurring daily.
|
Limited
|
means fulfilment of the conditions described in clause 40.01 above on an occasional basis.
|
The value of X is set at two thousand dollars ($2,000) per annum. This allowance shall be paid on the same basis as
that for the employee's regular pay.
The payment of the allowance for the Penological Factor is determined by the following formula:
Penological Factor (X)
Type of Institution
|
Degree of
Contact
|
Maximum
|
Medium
|
Minimum
|
Continual
|
100%
|
X
|
($2,000)
|
50%
|
X
|
($1,000)
|
30%
|
X
|
($600)
|
Frequent
|
50%
|
X
|
($1,000)
|
30%
|
X
|
($600)
|
20%
|
X
|
($400)
|
Limited
|
30%
|
X
|
($600)
|
20%
|
X
|
($400)
|
10%
|
X
|
($200)
|
Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned
to, Correctional Staff Colleges, Regional Headquarters and National Headquarters, when the conditions described in
clause 40.01 above are applicable.
40.06 The applicability of PFA to a position and the position's degree of PFA entitlement shall be
determined by the Employer following consultation with the bargaining agent.
40.07 Except as prescribed in clause 40.10 below, an employee shall be entitled to receive PFA for
any month in which he receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
40.08 Except as provided in clause 40.09 below, PFA shall be adjusted when the incumbent of a
position to which PFA applies is appointed or assigned duties in another position to which a different degree of PFA
applies, regardless of whether such appointment or assignment is temporary or permanent. For each month in which an
employee performs duties in more than one (1) position to which PFA applies, he shall receive the higher allowance,
provided he has performed duties for at least ten (10) days as the incumbent of the position to which the higher
allowance applies.
40.09 When the incumbent of a position to which PFA applies is temporarily assigned to a position
to which a different degree of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the
position to which he is temporarily assigned, plus PFA, if applicable, would be less than his basic monthly pay
entitlement plus PFA in his regular position, he shall receive the PFA applicable to his regular position.
40.10 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his
regular position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive calendar days;
or
(b) during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an
injury resulting from an act of violence from one or more inmates.
40.11 PFA shall not form part of an employee's salary except for the purposes of the following
benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance Act
Government Employees Compensation Act
Flying Accidents Compensation Regulations
40.12 If, in any month, an employee is disabled or dies prior to establishing an entitlement to
PFA, the PFA benefits accruing to him or his estate shall be determined in accordance with the PFA entitlement for the
month preceding such disablement or death.
41.01 The Employer agrees to continue the past practice of ensuring that employees have ready
access to all publications considered necessary to their work by the Employer.
41.02 The Employer agrees that original articles, professional and technical papers prepared by an
employee, within the scope of his employment, will be retained on appropriate departmental files for the normal life of
such files. The Employer will not unreasonably withhold permission for the publication of original articles or
professional and technical papers in professional media. At the Employer's discretion, recognition of authorship will
be given where practicable in departmental publications.
41.03 When an employee acts as a sole or joint author or editor of an original publication, his
authorship or editorship shall normally be shown on the title page of such publication.
(a) The Employer may suggest revisions to material and may withhold approval to publish an employee's
publication.
(b) When approval for publication is withheld, the author(s) shall be so informed.
(c) Where the Employer wishes to make changes in material submitted for publication with which the author does not
agree, the employee shall not be credited publicly if he so requests.
42.01 The Institute and the Employer recognize the right of employees to work in an environment
free from sexual harassment and agree that sexual harassment will not be tolerated in the workplace.
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If, by reason of paragraph 42.02(a), a level in the grievance procedure is waived, no other level shall be
waived except by mutual agreement.
43.01 There shall be no discrimination, interference, restriction, coercion, harassment,
intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race,
creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, family status, marital
status, mental or physical disability, membership or activity in the union or conviction for which a pardon has been
granted.
44.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy
to the end of the twenty-fourth (24th) week following the birth, request the Employer to modify her job
functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current
functions may pose a risk to her health or that of the foetus or child.
44.02 An employee's request under clause 44.01 must be accompanied or followed as soon as possible
by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to
avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may
obtain an independent medical opinion.
44.03 An employee who has made a request under clause 44.01 is entitled to continue in her current
job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires,
she is entitled to be immediately assigned alternative duties until such time as the Employer:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
44.04 Where reasonably practicable, the Employer shall modify the employee's job functions or
reassign her.
44.05 Where the Employer concludes that a modification of job functions or a reassignment that
would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the
Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the
duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four
(24) weeks after the birth.
44.06 An employee whose job functions have been modified, who has been reassigned or who is on
leave of absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the
risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be
given. Such notice must be accompanied by a new medical certificate.
45.01 Up to half (1/2) a day of reasonable time off with pay will be granted to pregnant employees
for the purpose of attending routine medical appointments.
45.02 Where a series of continuing appointments are necessary for the treatment of a particular
condition relating to the pregnancy, absences shall be charged to sick leave.
ARTICLE 46
RELIGIOUS OBSERVANCE
46.01 The Employer shall make every reasonable effort to accommodate an employee who requests time
off to fulfill his or her religious obligations.
46.02 Employees may, in accordance with the provisions of this Agreement, request annual leave,
compensatory leave, leave without pay for other reasons or a shift exchange ( in the case of a shift worker) in order
to fulfill their religious obligations.
46.03 Notwithstanding clause 46.02, at the request of the employee and at the discretion of the
Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The
number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to
by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should
they result in any additional payments by the Employer.
46.04 An employee who intends to request leave or time off under this Article must give notice to
the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.
47.01 Except as provided herein, the terms and conditions governing the application of pay to
employees are not affected by this Agreement.
47.02 An employee is entitled to be paid for services rendered at:
(a) the pay specified in Appendix "A" for the classification of the position to which he is appointed, if the
classification coincides with that prescribed in his certificate of appointment;
or
(b) the pay specified in Appendix "A" for the classification prescribed in his certificate of appointment if that
classification and the classification of the position to which he is appointed do not coincide.
**
47.03
(a) The rates of pay set forth in Appendix "A" shall become effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this
Agreement, the following shall apply:
(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of
the revision up to and including the day before the collective agreement is signed or when an arbitral award is
rendered therefor;
(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of
death, the estates of former employees who were employees in the bargaining unit during the retroactive period;
(iii) for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of
pay is the rate which is shown immediately below the rate of pay being received prior to the revision;
(iv) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period,
the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment
Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee
was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of
pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new
rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;
(v) no payment or no notification shall be made pursuant to paragraph 47.03 (b) for one dollar ($1.00) or less.
47.04 Where a salary increment and a salary revision are effected on the same date, the salary
increment shall be applied first and the resulting rate shall be revised in accordance with the salary revision.
47.05 When an employee is required by the Employer to perform the duties of a higher classification
or grade level on an acting basis for a period of at least three (3) consecutive working days, he shall be paid acting
pay calculated from the date on which he commenced to act as if he had been appointed to the higher classification
level for the period in which he acts. When a day designated as a paid holiday occurs during the qualifying period, the
holiday shall be considered as a day worked for purposes of the qualifying period.
**
(a) Each pay increment period for all employees of levels CS-1 to CS-5 inclusive shall be twelve (12) months.
(b) The pay increment date for an employee appointed on or after December 2, 1997, to a position in the bargaining
unit on promotion, demotion, or appointment from outside the Public Service shall be the anniversary date of such
appointment.
(c) For employees appointed prior to December 2, 1997, their anniversary date will be the date on which the employee
received his last pay increment.
47.07 With reference to Appendix "A", an employee shall, on the relevant effective dates of
adjustments to rates of pay, be paid in the scale of rates at the rate shown immediately below his former rate.
**
47.08 This Article is subject to the Memorandum of Understanding signed by the Employer and the
Professional Institute of the Public Service of Canada dated July 21, 1982 in respect of red-circled employees.
48.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this
Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss
such proposal not later than one (1) calendar month after receipt of such notice.
**
49.01 The duration of this Collective Agreement shall be from the date it is signed to December 21,
2004.
49.02 Unless otherwise expressly stipulated, the provisions of this agreement shall become
effective on the date it is signed.
SIGNED AT OTTAWA, this 3rd day of the month of June, 2003.
THE TREASURY BOARD
OF
CANADA
|
|
THE PROFESSIONAL
INSTITUTE OF THE PUBLIC
SERVICE OF CANADA
|
Display full size graphic
THE TREASURY BOARD
OF
CANADA
|
|
THE PROFESSIONAL
INSTITUTE OF THE PUBLIC
SERVICE OF CANADA
|
Display full size graphic
CS-01
|
From:
|
$
|
30021
|
31554
|
33088
|
34629
|
36160
|
37703
|
39243
|
40773
|
|
To:
|
A
|
30141
|
31680
|
33220
|
34768
|
36305
|
37854
|
39400
|
40936
|
|
|
B
|
31226
|
32820
|
34416
|
36020
|
37612
|
39217
|
40818
|
42410
|
|
|
C
|
|
|
|
|
|
|
|
42410
|
|
|
D
|
|
|
|
|
|
|
|
43470
|
|
|
From:
|
$
|
42311
|
43846
|
45373
|
46897
|
48422
|
49947
|
|
|
|
To:
|
A
|
42480
|
44021
|
45554
|
47085
|
48616
|
50147
|
|
|
|
|
B
|
44009
|
45606
|
47194
|
48780
|
50366
|
51952
|
|
|
|
|
C
|
44009
|
45606
|
47194
|
48780
|
50366
|
51952
|
53538
|
|
|
|
D
|
45109
|
46746
|
48374
|
50000
|
51625
|
53251
|
54876
|
|
|
CS-02
|
From:
|
$
|
50663
|
52308
|
53955
|
55602
|
57248
|
58894
|
60541
|
|
|
To:
|
A
|
50866
|
52517
|
54171
|
55824
|
57477
|
59130
|
60783
|
|
|
|
B
|
52697
|
54408
|
56121
|
57834
|
59546
|
61259
|
62971
|
|
|
|
C
|
52697
|
54408
|
56121
|
57834
|
59546
|
61259
|
62971
|
64683
|
|
|
D
|
54014
|
55768
|
57524
|
59280
|
61035
|
62790
|
64545
|
66300
|
|
CS-03
|
From:
|
$
|
59946
|
62038
|
64130
|
66223
|
68316
|
70408
|
72500
|
|
|
To:
|
A
|
60186
|
62286
|
64387
|
66488
|
68589
|
70690
|
72790
|
|
|
|
B
|
62353
|
64528
|
66705
|
68882
|
71058
|
73235
|
75410
|
|
|
|
C
|
62353
|
64528
|
66705
|
68882
|
71058
|
73235
|
75410
|
77585
|
|
|
D
|
63912
|
66141
|
68373
|
70604
|
72834
|
75066
|
77295
|
79525
|
|
CS-04
|
From:
|
$
|
68755
|
71154
|
73552
|
75949
|
78348
|
80746
|
83145
|
|
|
To:
|
A
|
69030
|
71439
|
73846
|
76253
|
78661
|
81069
|
83478
|
|
|
|
B
|
71515
|
74011
|
76504
|
78998
|
81493
|
83987
|
86483
|
|
|
|
C
|
71515
|
74011
|
76504
|
78998
|
81493
|
83987
|
86483
|
88979
|
|
|
D
|
73303
|
75861
|
78417
|
80973
|
83530
|
86087
|
88645
|
91203
|
|
CS-05
|
From:
|
$
|
79284
|
82270
|
85254
|
88242
|
91229
|
94215
|
97201
|
100187
|
|
To:
|
A
|
79601
|
82599
|
85595
|
88595
|
91594
|
94592
|
97590
|
100588
|
|
|
B
|
82467
|
85573
|
88676
|
91784
|
94891
|
97997
|
101103
|
104209
|
|
|
C
|
82467
|
85573
|
88676
|
91784
|
94891
|
97997
|
101103
|
104209
|
107315
|
|
D
|
84529
|
87712
|
90893
|
94079
|
97263
|
100447
|
103631
|
106814
|
109998
|
|