Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The purpose of this Agreement is to
maintain harmonious relationships between the Employer, the
Association and the employees and to set forth certain terms and
conditions of employment affecting employees covered by
this Agreement.
1.02 The parties to this Agreement share a
desire to contribute toward the improvement of aviation safety
and to advance the well-being of its employees so as to promote
the safe provision of air traffic control services to the
public.
Unless specified elsewhere in this Agreement, the following
definitions will apply throughout this Agreement:
"Designated holiday" means the
twenty-four (24)-hour period commencing at 00:00 hours of a day
designated as a holiday in this agreement (jours fériés
désignés).
"Employee" means a person so defined in the
Public Service Staff Relations Act, and who is a member
of the Air Traffic Control bargaining unit (employé).
"Employer" means Her Majesty in right of
Canada as represented by the Treasury Board, and includes any
person authorized to exercise the authority of the Treasury Board
(Employeur).
"Normal pay" means compensation for the
performance of duties of a position including Supervisory
Differential, but exclusive of allowances, special remuneration,
overtime, other compensation, and other gratuities
(rémunération normale).
"Straight-time rate" means an employee's
weekly rate of pay divided by thirty-seven and one-half (37 1/2)
(taux horaire normal).
"Weekly rate of pay" means an employee's
annual normal pay divided by 52.176 (taux de rémunération
hebdomadaire).
3.01 All the functions, rights, powers and
authority which the Employer has not specifically abridged,
delegated or modified by this Agreement are recognized by the
union as being retained by the Employer.
4.01 Nothing in this Agreement shall be
construed to require the Employer to do or refrain from doing
anything contrary to any instruction, direction or regulations
given or made by or on behalf of the Government of Canada in the
interest of the safety or security of Canada or any state allied
or associated with Canada.
5.01 Where there is a conflict between this
Collective Agreement and any Regulation or Directive, except as
provided under Section 57(2) of the Public Service Staff
Relations Act, this Agreement shall take precedence over
said Regulation or Directive.
6.01 The parties agree that there shall be no
discrimination exercised or practiced with respect to an employee
by reason of race, national or ethnic origin, colour, religion,
age, sex, sexual orientation, marital status, family status,
disability, a conviction for which a pardon has been granted, or
membership or activity in the Association.
7.01 The Employer recognizes the Canadian Air
Traffic Control Association as the exclusive bargaining agent for
all employees in the bargaining unit as defined in the
certificate issued by the Public Service Staff Relations Board on
the twenty-eight (28th) day of November, 1967, and
amended on the seventh (7th) day of June, 1999.
7.02 The Association shall notify the
Employer promptly and in writing of the names of its
representatives, the respective dates of their appointment and
the names, if any, of those representatives who are being
replaced or discontinued.
7.03 The Employer acknowledges the right of
the Association to appoint employees as Stewards. The Association
and Employer jointly shall determine the jurisdiction of the
Steward having regard to the plan of organization, the
disbursement of employees at the work place, and the
administrative structure implied in the grievance procedure.
7.04 The Association recognizes that
employees who are representatives of the Association have regular
duties to perform in connection with their work for
the Employer.
7.05 A Steward shall obtain the permission of
his or her immediate supervisor before leaving his or her work to
investigate complaints or grievances of an urgent nature, to meet
with local management for the purpose of dealing with these
matters and to attend meetings called by management. Such
permission shall not be unreasonably withheld. The Steward shall
report back to his or her supervisor before resuming his or her
normal duties.
**
8.01 Subject to the provisions of this
Article, the Employer will, as a condition of employment, deduct
Association membership dues from the monthly pay of all employees
in the bargaining unit.
**
8.02 The provisions of clause 8.01 will be
applied effective the first (1st) of the month
following the signing of this Agreement and the deductions from
the pay for each employee in respect of each month will start
with the first (1st) full month of employment. Where
an employee does not have sufficient earnings in respect of any
month to permit deduction the Employer shall not be obliged to
make such deduction from subsequent salary.
8.03 The amounts deducted in accordance with
clause 8.01 shall be remitted by cheque to the National
Secretary-Treasurer of the Association within a reasonable period
of time after deductions are made and shall be accompanied by
particulars identifying each employee and the amount of the
deduction made on behalf of each employee.
8.04 The Employer shall provide a voluntary
revocable check-off of premiums payable on health and sickness,
and life insurance plans provided by the Association for its
members on the basis of production of appropriate documentation,
provided that the amounts so deducted are combined with
Association dues in a single monthly deduction.
8.05 The Association agrees to indemnify and
save the Employer harmless against any claim or liability arising
out of the application of this Article.
8.06 If a general revision in the amount of
membership dues is to be made during the term of the Agreement,
the Association agrees to notify the Employer in writing at least
sixty (60) days prior to the effective date of such revision.
8.07 No employee organization, as defined in
Section 2 of the Public Service Staff Relations Act,
other than the Association, shall be permitted to have membership
dues and/or other monies deducted by the Employer from the pay of
employees in the bargaining unit.
**
8.08 An employee who satisfies the Employer
to the extent that he or she declares in an affidavit that he or
she is a member of a religious organization whose doctrine
prevents him or her as a matter of conscience from making
financial contributions to an employee organization and that he
or she will make contributions to a charitable organization
registered pursuant to the Income Tax Act, equal to
dues, shall not be subject to this article, provided that the
affidavit submitted by the employee is countersigned by an
official representative of the religious organization
involved.
9.01 Employee complaints or grievances will
be dealt with in accordance with the procedure set forth in this
Article.
9.02 Definitions
(a) Days - All "days" referred to in this
procedure are calendar days exclusive of Saturdays, Sundays and
designated holidays.
(b) Immediate Supervisor - The "immediate
supervisor" is the supervisor who has been specified by the
Department to deal with a complaint from employees in his or her
work area, and to receive written grievances and process them to
the appropriate step in the procedure.
(c) Management Representative - The
"management representative" is the officer identified by the
Employer as an authorized representative whose decision
constitutes a step in the grievance procedure.
9.03 Right to Present Grievances
Subject to and as provided in Section 91 of the Public
Service Staff Relations Act an employee who feels that he or
she has been treated unjustly or considers himself or herself
aggrieved by any action or lack of action by the Employer in
matters other than those which are dealt within 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 an employee's
specific complaint such procedures must be followed,
and
(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 the employee has the approval of and is
represented by the Association.
A grievance must be presented not later than
twenty-five (25) days from the day on which the employee was
notified or informed of the decision or circumstance that is the
subject of his or her grievance.
9.04 Representation
An employee may be assisted and/or represented by an
authorized representative of the Association when presenting a
grievance at any step. Such representative may meet with the
Employer to discuss a grievance at each or any step of the
grievance procedure.
9.05 Procedure
Complaints - An employee who has a complaint
should attempt to resolve the same through discussion with his or
her immediate supervisor.
9.06 Step One
An employee may present his or her grievance in writing to his
or her immediate supervisor within the twenty-five (25) day
period referred to in clause 9.03 above. The immediate supervisor
shall sign the form indicating the time and date received. A
receipted copy will be returned to the employee and a copy
forwarded to the management representative authorized to make a
decision at Step One. The management representative shall give
the decision 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.
9.07 Step Two
If a decision in Step One is not acceptable to the employee,
he or she may, not later than ten (10) days after receipt of the
decision in Step One, or if no decision was received, not later
than fifteen (15) days after the last day on which he or she was
entitled to receive a decision, present the written grievance to
his or her immediate supervisor who will sign it indicating the
time and date received. A receipted copy will be returned to the
employee and a copy forwarded to the management representative
authorized to make a decision at Step Two. The management
representative shall give the decision 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.
9.08 Step Three
If a decision in Step Two is not acceptable to the employee,
he or she may, not later than ten (10) days after receipt of the
decision in Step Two, or if no decision was received, not later
than fifteen (15) days after the last day on which he or she was
entitled to receive a decision, present the written grievance to
his or her immediate supervisor who will sign it indicating the
time and the date received. A receipted copy will be returned to
the employee and a copy forwarded to the Deputy Minister or
delegated representative authorized to make a decision at Step
Three. The Deputy Minister or delegated representative shall give
the decision as quickly as possible and not later than
twenty (20) 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 delegated representative at the final
step of 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.
9.09 Copy to Association
Where a grievance relates 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 or she is being represented by the
Association, a copy of the reply at each step of this procedure
shall be forwarded to the authorized representative of the
Association.
9.10 Demotion or Termination for Cause
A grievance resulting from the demotion or termination of an
employee for cause pursuant to sub-clause 11(2)(f) or (g) of the
Financial Administration Act shall begin at the final
step of the grievance procedure. The written decision of the
Deputy Minister or delegated representative shall be given as
quickly as possible and not later than thirty (30) days after the
grievance is presented.
9.11 Permission to Enter Premises or Offices
A representative of the Association other than an employee
will be permitted access to the Employer's premises to assist in
the settlement of a grievance, provided the Association has
formally identified the representative in writing to the Employer
and the prior approval of the Employer has been obtained.
9.12 Adjudication of Grievances
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 the
employee of a provision of this Collective Agreement or an
arbitral award relating thereto,
or
(b) disciplinary action resulting in suspension or a financial
penalty,
or
(c) termination of employment or demotion pursuant to
sub-clause 11(2)(f) or (g) of the Financial Administration
Act,
and the employee's grievance has not been dealt with to his or
her satisfaction, the employee may refer the grievance to
adjudication.
9.13 Where a grievance that may be presented
by an employee to adjudication is a grievance relating to the
interpretation or application in respect of him or her of a
provision of this Collective Agreement or an arbitral award
relating thereto, the employee is not entitled to refer the
grievance to adjudication unless the Association signifies in
prescribed manner:
(a) its approval of the reference of the grievance to
adjudication;
and
(b) its willingness to represent the employee in the
adjudication proceedings.
9.14 Extension of Normal Time Limit
The time limits stipulated in this procedure may be extended
by mutual agreement between the Management representative and the
employee, and the Association representative where the
Association is representing the employee.
9.15 Abandonment
An employee may, by written notice to his or 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 Association, the
Employer will notify the Association, that the employee has
abandoned the grievance. The abandonment of a grievance shall not
prejudice the position of the Association in dealing with
grievances of a similar nature.
9.16 Where an employee fails to present a
grievance to the next higher step within the prescribed time
limits the employee shall be deemed to have abandoned the
grievance.
9.17 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 NJC
parties have endorsed, the grievance procedure will be in
accordance with Part 14 of the NJC By-Laws.
10.01 An employee shall be notified in
writing of any disciplinary action, except an oral warning, taken
against the employee by the Employer within a reasonable period
of that action having been taken.
10.02 The Employer agrees not to introduce as
evidence in a hearing relating to disciplinary action any
document from the file of an employee, the existence of which the
employee was not aware at the time of filing or within a
reasonable period thereafter.
10.03 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. The employee shall be notified
orally when such notice has been destroyed.
10.04 Where any disciplinary notice is placed
on an employee's personnel file, a copy of such letter or note
must be presented to the employee or sent by registered mail to
the employee's last known address within forty-eight (48) hours
of its placement on the employee's personnel file.
11.01 Where operational requirements permit,
the Employer will grant leave without pay to an employee who has
been elected to a full-time office of the Association. The
duration of such leave shall be for the period the employee is
elected to hold office.
11.02 Where operational requirements permit,
the Employer will grant leave without pay to a reasonable number
of employees at any one time to attend Association Executive
Council meetings, congresses and conventions. Leave without pay
for this purpose shall be requested in writing to the Employer as
far in advance as possible of the date the leave is to commence,
but normally not less than fifteen (15) calendar days in advance.
Approval of such requests shall not unreasonably be withheld.
11.03 Public Service Staff Relations Board Hearings Pursuant
to Section 23 of the Public Service Staff Relations
Act
(a) Where operational requirements permit, the Employer will
grant to an employee who makes a complaint leave with pay if the
Public Service Staff Relations Board decides in favour of the
employee and leave without pay in all other cases.
(b) Where operational requirements permit, the Employer will
grant leave without pay to an employee who acts on behalf of an
employee making a complaint, or who acts on behalf of the
Association making a complaint.
(c) The Employer will grant leave with pay to an employee
called as a witness by the Public Service Staff Relations
Board.
(d) Where operational requirements permit, the Employer will
grant leave without pay to an employee called as a witness by an
employee or the Association.
11.04 Arbitration Board and Conciliation Board Hearings
(a) Where operational requirements permit, the Employer will
grant leave without pay to an employee representing the
Association before an Arbitration Board or Conciliation
Board.
(b) The Employer will grant leave with pay to an employee
called as a witness by an Arbitration Board or Conciliation
Board, and where operational requirements permit, leave without
pay to an employee called as a witness by the Association.
11.05 Adjudication
Where operational requirements permit, the Employer will grant
leave with pay to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an
adjudication,
or
(c) a witness called by an employee who is a party to an
adjudication.
11.06 Contract Negotiations Meetings
(a) The Employer agrees to recognize and deal with a
Collective Bargaining Committee comprising a reasonable number of
employees for the purposes of negotiating collective agreements
between the Employer and the Association.
(b) Where operational requirements permit, members of the
Collective Bargaining Committee will be granted leave without pay
for meetings with the Employer under sub-clause (a).
11.07 Presentation of Grievance
(a) An employee may be granted time off during working hours
to discuss a complaint or grievance provided prior permission of
his or her immediate supervisor is obtained.
(b) An employee who is a representative of the Association
may, with the permission of his or her immediate supervisor, be
granted time off during working hours to assist an employee in
the presentation of a grievance. Where such assistance is given
during working hours in the representative's area of jurisdiction
he or 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.
(c) Employees, and employees who are representatives of the
Association, will not be entitled to be paid when a discussion or
meeting on a complaint or grievance takes place outside their
normal working hours.
11.08 Where operational requirements permit,
the Employer shall grant leave without pay to officers of the
Association to attend to Association business.
11.09 Operational requirements permitting,
one (1) employee member of the Association's National Executive
or his or her appointed alternate, formally invited by Federal
Government agencies to attend joint meetings for discussion of
mutual problems, shall be granted leave with pay including
reasonable travel time required for attendance at such
meetings.
12.01 The Employer may permit the Association
to use the Employer's premises outside the working hours of the
employees for conducting meetings of their members, which are not
related to membership recruitment, where refusal to grant
permission would make it difficult for the Association to convene
a meeting. The Association shall insure the orderly and proper
conduct of its members who attend such meetings and agrees to be
responsible for leaving facilities in good order after use.
12.02 Reasonable space on bulletin boards
will be made available to the Association for the posting of
official Association notices in convenient locations as
determined by the Employer. Notices or other material shall
require the prior approval of the Employer, except notices of
meetings of their members and elections, the names of Association
representatives and social and recreational affairs. Notices or
other material pertaining to political matters or membership
recruiting, or material which may be interpreted to reflect
discredit upon the integrity or motives of the Employer,
representatives of management, other employee organizations, or
individuals shall not be posted.
13.01 The Employer and the Association
recognize that consultation and communication on matters of
mutual interest outside the terms of the Collective Agreement
should promote constructive and harmonious Employer-Association
relations.
13.02 Wherever possible, the Employer shall
consult with representatives of the Association, at the
appropriate level, about contemplated changes in conditions of
employment or working conditions not governed by this
Agreement.
13.03 The Employer shall recognize an
Association Committee comprised of a reasonable number of
employees for the purpose of consulting with management.
13.04 It is recognized that a subject
suggested for discussion may not be within the authority or
jurisdiction of either the management or Association
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.
13.05 Meetings with the Association Committee
shall take place at least once per calendar year, and by mutual
consent, more frequently.
13.06 All meetings shall be held on the
Employer's premises at a time and for a duration determined by
mutual agreement.
13.07 Full-time employees forming the
continuing membership of theAssociation Committee shall be
protected against any loss of normal pay by reason of attendance
at such meetings with management, including reasonable travel
time where applicable. Notwithstanding clause 13.06, such
meetings shall not be held on such employees' days of rest.
13.08 A designated representative of the
Association Committee and management shall exchange 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.
13.09 The Employer agrees that an employee
will not be proposed as a managerial or confidential exclusion
solely because the employee may be involved in consultation with
a bargaining agent certified under the Public Service Staff
Relations Act.
14.01 The Employer agrees to provide each
employee with a copy of the Collective Agreement and any
amendments thereto.
14.02 The Employer agrees to provide the
Association quarterly with the names of new employees, their
geographic location and classifications. In addition, a list of
changes in employees' status will be forwarded each month to the
National Office of the Association.
15.01 Agreements concluded by the National
Joint Council of the Public Service on items which may be
included in a collective agreement, and which the parties to this
agreement have endorsed after December 6, 1978, will form part of
this agreement, subject to the Public Service Staff Relations
Act (PSSRA) and any legislation by Parliament that has been
or may be, as the case may be, established pursuant to any Act
specified in Schedule III of the PSSRA.
15.02 NJC items which may be included in a
collective agreement are those items which the parties to the NJC
agreements have designated as such or upon which the Chairman of
the Public Service Staff Relations Board has made a ruling
pursuant to (c) of the NJC Memorandum of Understanding which
became effective December 6, 1978.
16.01 Thirty-seven and
one-half (37 1/2) hours exclusive of lunch periods shall
constitute the normal workweek.
16.02 Notwithstanding the provisions of this Article, upon
request of an employee and the concurrence of the Employer, an
employee may complete his or her weekly hours of employment in a
period other than five (5) full days provided that over a period
of fourteen (14) calendar days the employee works an average of
thirty-seven and one-half (37 1/2) hours per week. As part of the
provisions of this clause, attendance reporting shall be mutually
agreed between the employee and the Employer. In every
fourteen (14) day period, such an employee shall be granted days
of rest on such days as are not scheduled as a normal work day
for him or her.
16.03 Notwithstanding anything to the
contrary contained in this Agreement, the implementation of any
variation in hours shall not result in any additional overtime
work or additional payment by reason only of such variation, nor
shall it be deemed to prohibit the right of the Employer to
schedule any hours of work permitted by the terms of this
Agreement.
16.04 Employees will submit weekly attendance
registration only to report leave or overtime.
16.05 Where operational requirements permit,
the Employer will provide employees with meal and relief
breaks.
17.01 Time worked by an employee in excess of
his or her scheduled hours of work shall be considered as
overtime.
17.02 Overtime Compensation
(a) An employee shall be paid for overtime worked at one and
one-half (1 1/2) times his or her straight-time hourly rate
except that if the overtime is worked by the employee on two (2)
or more consecutive and contiguous days of rest, the employee
shall be paid at two (2) times his or her straight-time hourly
rate for each hour worked on the second (2nd) and
subsequent days of rest.
(b) An employee is entitled to overtime compensation for each
completed fifteen (15) minute period of overtime worked by the
employee.
(c) An employee at his or her request, shall be granted time
off in lieu of overtime at the appropriate overtime rate. The
employee and his or her supervisor shall attempt to reach mutual
agreement with respect to the time at which the employee shall
take such lieu time off. However, failing such agreement, such
lieu time will be accumulated.
Where an employee requests time off in lieu of overtime, the
employee must indicate this to his or her supervisor prior to the
end of the month in which the overtime occurred.
Where an employee has not utilized accumulated time off in
lieu of overtime by the end of the fiscal year, the unused
portion will be paid off at the appropriate overtime rate.
(d) Except as provided in sub-clause 17.02(c), the Employer
will endeavour to make cash payment for overtime in the month
following the month in which the overtime was worked.
17.03 The Employer will endeavour to keep
overtime work to a minimum and shall assign overtime equitably
among employees who are qualified to perform the work that is
required at the location concerned.
17.04
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following the employee's
scheduled hours of work shall be reimbursed expenses for one meal
in the amount of nine ($9.00) except where free meals are
provided.
(b) When an employee works overtime continuously extending
four (4) hours or more beyond the period provided in (a) above,
the employee shall be reimbursed for one additional meal in the
amount of seven dollars ($7.00), except where free meals are
provided.
(c) Reasonable time with pay, to be determined by the
Employer, shall be allowed the employee in order that the
employee may take a meal break either at or adjacent to his or
her place of work.
18.01 When an employee is called in to work
overtime that is not contiguous to the employee's scheduled hours
of work, the employee is entitled to the greater of:
(a) compensation at the applicable overtime rate,
or
(b) compensation equivalent to four (4) hours' pay at his or
her straight-time hourly rate.
18.02 An employee who receives a call to duty
or responds to a telephone or data line call after completing his
or her work for the day and leaving his or her place of work may,
at the discretion of the Employer, work at the employee's
residence or at another place to which the Employer agrees, and
receive compensation for time worked in accordance with the
Overtime Article. In such instances, the employee shall be paid
the greater of:
(a) compensation at the applicable overtime rate for the time
worked,
or
(b) compensation equivalent to one (1) hours' pay at his or
her straight-time hourly rate, which shall apply only the
first (1st) time an employee reports for work during a
one-hour period, starting with the employee's
first (1st) reporting.
19.01 The following days shall be designated
holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) The day fixed by proclamation of the Governor in Council
for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) The day fixed by proclamation of the Governor in Council
as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) One additional day in each year that, in the opinion of
the Employer, is recognized to be a provincial or civic holiday
in the area in which the employee is employed, or in any area
where no such day is so recognized, the first Monday in
August,
(l) Any other day that is proclaimed by law as a national
holiday.
19.02 When an employee works on a
holiday, the employee shall be paid, in addition
to the pay he or she would have received had he or she not worked
on the holiday, one and one-half (1 1/2) times his or her
straight-time hourly rate for all hours worked by him or her on
the holiday.
19.03
(a) An employee at his or her request, shall be granted time
off in lieu of cash payment at that rate. The employee and his or
her supervisor shall attempt to reach mutual agreement with
respect to the time at which the employee shall take such lieu
time off. However, failing such agreement, such lieu time will be
accumulated.
(b) Where an employee requests time off in lieu of cash
payment he or she must indicate this to his or her supervisor
prior to the end of the month in which he or she worked on the
holiday.
(c) Where an employee has not utilized this accumulated time
off by the end of the fiscal year, the unused portion will be
paid off at the appropriate rate.
19.04
(a) An employee who is absent without pay on both the working
day immediately preceding and the working day following the
holiday shall not be paid for the holiday.
(b) An employee who is absent without permission and who is
not on sick or special leave on a designated holiday, on which he
or she is scheduled to work, shall not be entitled to be paid for
the holiday.
20.01 Under the following circumstances and
subject to clause 20.02, an employee shall receive severance
benefits calculated on the basis of his or her weekly rate of
pay:
(a) Lay-Off
(i) On the first (1st) lay-off after March 21,
1979, two (2) weeks' pay for the first (1st) complete
year of continuous employment and one (1) week's pay for each
additional complete year of continuous employment with a maximum
benefit of thirty (30) weeks' pay.
(ii) On second (2nd) or subsequent lay-off after
March 21, 1979, one (1) week's pay for each complete year of
continuous employment with a maximum benefit of
twenty-nine (29) weeks' pay, less any period in respect of which
he or she was granted severance pay under
sub-subclause 20.01(a)(i) above.
(b) Retirement
On retirement, when an employee is entitled to an immediate
annuity or entitled to an immediate annual allowance under the
Public Service Superannuation Act, one (1) week's pay
for each complete year of continuous employment with a maximum
benefit of thirty (30) weeks' pay.
(c) Death
If an employee dies, there shall be paid to his or her estate,
one (1) week's pay for each complete year of continuous
employment to a maximum of thirty (30) weeks' pay, regardless of
any other benefit payable.
(d) Termination for Cause for Reasons of
Incapacity
An employee released from employment under Section 11(2)(g) of
the Financial Administration Act by reason of release
for incapacity shall on termination of his or her employment be
entitled to severance pay on the basis of one (1) week's pay for
each complete year of continuous employment with a maximum
benefit of twenty-eight (28) weeks' pay.
(e) Resignation
On resignation, an employee who has completed ten (10) or more
years of continuous employment and who is not qualified under
sub-clause (b) above, one-half (1/2) week's pay for each complete
year of continuous employment with a maximum benefit of
thirteen (13) weeks' pay.
20.02 The period of continuous employment
used in the calculation of severance benefits payable to an
employee under this Article shall be reduced by any period of
continuous employment in respect of which the employee was
already granted any type of termination benefit by the Public
Service, a Federal Crown Corporation, the Canadian Forces, or the
Royal Canadian Mounted Police. Under no circumstances shall the
maximum severance pay provided under clause 20.01 be
pyramided.
20.03 The weekly rate of pay referred to in
the above clauses shall be the weekly rate of pay to which the
employee is entitled for the classification prescribed in his or
her certificate of appointment on the date of the termination of
his or her employment.
21.01 At least ninety (90) days before the
introduction of any major technological change which will result
in a reduction of staff, the Employer shall notify the
Association of the proposed change.
22.01 The Employer will continue to make
provision for the safe and healthful working conditions of
employees and the Association agrees to cooperate fully in the
prevention of accidents to employees and in the enforcement of
safety rules.
23.01 Where an employee is required by the
Employer to travel to or from the employee's headquarters area as
normally defined by the Employer, the employee's method of travel
shall be determined by the Employer. However, if an employee
wishes to use a different method, the employee's wish will not be
arbitrarily refused provided that the method chosen is consistent
with the purpose of the travel and does not entail additional
costs.
23.02 When required to travel, the employee
will be compensated in the following manner:
(a) On a normal working day on which he or she travels but
does not work, the employee shall receive his or her normal pay
for the day.
(b) On a normal working day on which the employee travels and
works, the employee shall be paid:
(i) his or her normal pay for the day for a combined period of
travel and work but not exceeding his or her normal hours of
work,
and
(ii) at the applicable overtime rate for additional travel
time in excess of the employee's normal hours of work, with a
maximum payment for such additional travel time not to exceed
eight (8) hours' pay at the applicable overtime rate in any
day.
(c) On a day of rest or on a designated paid holiday, the
employee shall be paid at the applicable overtime rate for hours
travelled to a maximum of eight (8) hours' pay at one and a
half (1 1/2) times the employee's straight-time hourly rate.
23.03 When an employee is required by the
Employer to travel to or from the employee's headquarters area as
normally defined by the Employer, the employee may in accordance
with clause 23.01 above:
(a) elect to travel via scheduled air carrier at the most
economical air fare or its equivalent;
or
(b) elect to use privately-owned transportation and be
reimbursed at the rate shown in clause 2.13 (use at traveller's
request) of the Treasury Board Travel Directive;
or
(c) be requested by the Employer, or elect to use
privately-owned transportation and be reimbursed at the rate
shown in clause 2.12 (use at Employer's request) of the Treasury
Board Travel Directive.
(d) When the employee elects under sub-clauses (b) or (c)
above to use privately-owned transportation, the employee shall
be paid at the applicable rate for the time normally required to
travel portal to portal by air carrier.
(e) Employees travelling to or from Ottawa for temporary
assignments in excess of five (5) days, whose headquarters area
is in Newfoundland or the Pacific or Western Region, who elect to
use privately-owned transportation under sub-clauses (b) or (c)
above shall be allowed an additional day in which to travel and
shall receive normal pay for that day. An employee travelling to
or from Ottawa for temporary assignments in excess of
five (5) days, whose headquarters is in the Pacific Region will
be allowed a day with pay in addition to the day noted
immediately above.
(f) An employee who elects to use privately-owned
transportation under sub-clause (c) above shall be reimbursed at
the rate shown in clause 2.12 of the Treasury Board Travel
Directive, or an amount equal to the most economical air fare
including the normal airport limousine fares, whichever is the
least, in lieu of travel expenses.
23.04 When an employee requires hotel
accommodation, the employee will select a hotel that has been
approved and is listed in the Public Works and Government
Services Hotel Directory. He or she will choose accommodation
which his or her supervisor agrees is convenient for the purposes
of the travel and which does not require unnecessary related
transportation costs. Where the work site is an airport,
transportation costs between the airport and the hotel which do
not exceed the official airport limousine fares shall not be
deemed to be unnecessary related transportation costs.
23.05 Except as may be modified in this
agreement, employees will be reimbursed for all travel expenses
in accordance with the current Treasury Board Travel
Directive.
**
23.06 Travel Status Leave
(a) An employee who is required to travel outside his or her
headquarters area on government business, as these expressions
are defined by the Employer, and is away from his permanent
residence for forty (40) nights during a fiscal year shall be
granted one (1) day off with pay. The employee shall be credited
with one additional day off for each additional
twenty (20) nights that the employee is away from his or her
permanent residence to a maximum of eighty (80) additional
nights.
(b) The maximum number of days off earned under this clause
shall not exceed five (5) days in a fiscal year and shall
accumulate as compensatory leave with pay.
(c) The Employer shall grant the travel status leave at times
convenient to both the employee and the Employer.
(d) If any of this leave cannot be liquidated by the end of
the fiscal year, then payment in cash shall be made at the
employee's rate of pay as of March 31st.
The provisions of this clause do not apply when the employee
travels in connection with courses, training sessions,
professional conferences and seminars.
24.01 With the exception of vacation leave
requests and holidays, the employee must provide satisfactory
validation of the circumstances necessitating requests for leave
with or without pay, if required by the Employer, in such manner
and at such time as may be determined by the Employer and
confirmed in writing.
**
24.02
(a) When an employee becomes subject to this Agreement, his or
her earned daily leave credits shall be converted into hours.
When an employee ceases to be subject to this Agreement, his or
her earned hourly leave credits shall be reconverted into days,
with one (1) day being equal to seven and one-half (7 1/2)
hours.
(b) When leave is granted, it will be granted on an hourly
basis and the number of hours debited for each day of leave being
equal to the number of hours of work scheduled for the employee
for the day in question.
(c) Notwithstanding the above, in Article 32, "Bereavement
Leave with Pay," a "day" will mean a calendar day.
**
24.03 Except as otherwise specified in this Agreement:
(a) Where leave without pay for a period in excess of three
(3) months is granted to an employee for reasons other than
illness, the total period of leave granted shall be deducted from
"continuous employment" for the purpose of calculating severance
pay and vacation leave.
(b) Time spent on such leave which is for a period of more
than three (3) months shall not be counted for pay increment
purposes.
**
25.01 An employee who has earned at least
ten (10) days' pay for each calendar month of a fiscal year shall
earn vacation leave at the following rates:
(a) one hundred and twelve point five (112.5) hours if the
employee has completed less than eight (8) years of continuous
employment;
(b) one hundred and fifty (150) hours per fiscal year if the
employee has completed eight (8) years of continuous
employment;
(c) one hundred and sixty-five (165) hours per fiscal year if
the employee has completed sixteen (16) years of continuous
employment;
(d) one hundred and seventy-two pint five (172.5) hours per
fiscal year if the employee has completed seventeen (17) years of
continuous employment;
(e) one hundred and eighty-seven point five (187.5) hours per
fiscal year if the employee has completed eighteen (18) years of
continuous employment;
(f) two hundred and two point five (202.5) hours per fiscal
year if the employee has completed twenty-seven (27) years of
continuous employment;
(g) two hundred and twenty-five (225) hours per fiscal year if
the employee has completed twenty-eight (28) years of continuous
employment;
25.02 An employee who has not received at
least ten (10) days' pay for each calendar month of a fiscal year
will earn vacation leave at one-twelfth (1/12) of the rate
referred to in clause 25.01 for each calendar month for which he
or she receives at least ten (10) days' pay.
25.03 An employee earns but is not entitled
to receive vacation leave with pay during his or her first
six (6) months of continuous employment.
25.04
(a) The vacation year extends from April 1 to March 31 and
vacation may be scheduled by the Employer at any time during this
period.
(b) Local representatives of the Association shall be given
the opportunity to consult with representatives of the Employer
on vacation schedules. Consistent with efficient operating
requirements the Employer shall make every reasonable effort to
schedule vacations in a manner acceptable to employees.
(c) Subject to operational requirements, the
Employer shall make every reasonable effort to schedule an
employee's vacation leave during the fiscal year it is earned.
Where in any fiscal year, the Employer has
not scheduled all of the vacation leave credited to an employee,
the unused portion of the employee's vacation leave shall be
carried over into the following fiscal year, subject to the
conditions in sub-subclauses (d)(i)-(iv).
(d) It is agreed by the parties, in accordance with the intent
of Article 25 that it is both appropriate and desirable that each
employee utilize his or her full vacation entitlement during the
vacation year in which such vacation entitlement is earned.
However, an employee may elect to carry forward into the next
vacation year unused vacation up to a maximum of ten (10) working
days subject to the following conditions:
(i) that any vacation period carried forward from the previous
vacation year and utilized by any employee does not disrupt
vacation schedules in the current vacation year nor prevent
another employee from taking his or her regularly scheduled
vacation for that year;
(ii) that the days which are carried over from the previous
vacation year are taken at a time which is acceptable to both the
Employer and the employee;
(iii) that an employee's vacation earned in the vacation year
will be utilized before days carried forward from the previous
vacation year;
**
(iv) any vacation leave credits in excess of thirty-five
(35) days on March 31 will be paid off at the employee's
straight-time rate of pay in effect at that time.
**
25.05 During any vacation year, upon
application by the employee and at the discretion of the
Employer, earned but unused vacation leave credits in excess of
fifteen (15) days may be paid in cash at the employee's
straight-time rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment of the
employee's substantive position on March 31.
25.06 Where, in respect of any period of vacation leave, an
employee is granted bereavement leave, or is granted sick leave
on production of a medical certificate, the
period of vacation leave so displaced shall either be added to
the vacation period, if requested by the employee and approved by
the Employer, or reinstated for use at a later date.
25.07 Where an employee dies or otherwise
terminates his or her employment after a period of continuous
employment of not more than six (6) months, the employee or the
employee's estate shall be paid an amount equal to the earned but
unused vacation leave.
25.08 Subject to clause 25.09, where an
employee dies or voluntarily terminates his or her employment or
is terminated from employment after a period of continuous
employment of more than six (6) months, the employee or the
employee's estate shall, in lieu of earned but unused vacation
leave, be paid an amount equal to the product obtained by
multiplying the number of hours of earned but unused vacation
leave and (furlough leave) by the straight-time rate of pay
applicable to the employee immediately prior to the termination
of the employee's employment.
25.09 An employee whose employment is
terminated for cause pursuant to Section 11(2)(g) of the
Financial Administration Act by reason of abandonment of
his or her position is not entitled to receive the payment
referred to in clause 25.08, unless the employee requests it
within six (6) months following the date upon which the
employee's employment is terminated.
25.10 Recall from Vacation Leave
Where, during any period of vacation leave, an employee is
recalled to duty, the employee shall be reimbursed for reasonable
expenses, as normally defined by the Employer, that he or she
incurs:
(a) in proceeding to the employee's place of duty,
and
(b) in returning to the place from which the employee was
recalled if he or she immediately resumes vacation upon
completing the assignment for which he or she was recalled,
after submitting such accounts as are normally required by the
Employer.
25.11 The employee shall not be considered as
being on vacation leave during any period in respect of which the
employee is entitled under clause 25.10 to be reimbursed for
reasonable expenses incurred by him or her.
25.12
(a) The Employer agrees to issue advance payments of net
salary for vacation periods, provided six (6) weeks' notice is
received from the employee in advance of the day payment is
required.
(b) Provided an employee has been authorized to proceed on
vacation for the period concerned, advance payment of net salary
shall be made prior to departure and shall consist of an
estimated two (2), three (3), four (4) or five (5) weeks' net
entitlement subsequent to the last regular pay issue.
Any overpayment in respect of such advance shall be an
immediate first charge against any subsequent pay entitlement and
shall be recovered in full prior to any further payment of
salary.
26.01 An employee shall earn sick leave
credits at the rate of nine point three seven five (9.375) hours
for each calendar month for which that employee receives pay for
at least ten (10) days.
26.02 An employee is eligible for sick leave
with pay when the employee is unable to perform his or her duties
because of illness or injury provided that:
(a) the employee has the necessary sick leave credits,
and
(b) the employee satisfies the Employer of this condition in
such manner and at such time as may be determined by the
Employer.
26.03 Unless otherwise informed by the
Employer before or during the period of illness or injury that a
certificate from a qualified medical practitioner, licensed
chiropractor, dentist, dental surgeon or orthodontist, will be
required, a statement signed by the employee stating that because
of this illness or injury the employee was unable to perform his
or her duties shall, when delivered to the Employer, be
considered as meeting the requirements of
sub-clause 26.02(b):
(a) if the period of leave requested does not exceed
five (5) days,
and
(b) if in the current fiscal year, the employee has not been
granted more than ten (10) days' sick leave wholly on the basis
of statements signed by the employee.
26.04 An employee is not eligible for sick
leave with pay during any period in which the employee is on
leave of absence without pay or under suspension.
26.05 Where an employee has insufficient or
no credits to cover the granting of sick leave with pay under the
provisions of clause 26.02, sick leave with pay may, at the
discretion of the Employer, be granted for a period of up to one
hundred and twelve point five (112.5) hours subject to the
deduction of such advanced leave from any sick leave credits
subsequently earned.
26.06 The amount of sick leave with pay
already credited to an employee by the Employer at the time this
agreement is signed shall be retained by the employee.
26.07 The Employer agrees that an employee
terminated for cause for reasons of incapacity pursuant to
Section 11(2)(g) of the Financial Administration Act may
exhaust his or her accumulated sick leave credits prior to his or
her release.
27.01 Maternity Leave without Pay
(a) An employee who becomes pregnant shall, upon request, be
granted maternity leave without pay for a period beginning
before, on or after the termination date of pregnancy and ending
not later than seventeen (17) weeks after the termination date of
pregnancy.
**
(b) Notwithstanding sub-clause (a):
(i) where the employee has not yet proceeded on maternity
leave without pay and her newborn child is hospitalized,
or
(ii) where the employee has proceeded on maternity leave
without pay and then returns to work for all or part of the
period during which her newborn child is hospitalized,
the period of maternity leave without pay defined in
sub-clause (a) may be extended beyond the date falling
seventeen (17) weeks after the date of termination of pregnancy
by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on maternity
leave, to a maximum of seventeen (17) weeks.
(c) The extension described in sub-clause (b) shall end not
later than fifty-two (52) weeks after the termination date of
pregnancy.
**
(d) The Employer may require an employee to submit a medical
certificate certifying pregnancy.
(e) An employee who has not commenced maternity leave without
pay may elect to:
(i) use earned vacation and compensatory leave credits up to
and beyond the date that her pregnancy terminates;
(ii) use her sick leave credits up to and beyond the date that
her pregnancy terminates, subject to the provisions set out in
the Sick Leave Article. For purposes of this sub-clause, the
terms "illness" or "injury" used in the Sick Leave Article shall
include medical disability related to pregnancy.
**
(f) An employee shall inform the Employer in writing of her
plans for taking leave with and without pay to cover her absence
from work due to the pregnancy at least four (4) weeks in advance
of the initial date of continuous leave of absence during which
termination of pregnancy is expected to occur unless there is a
valid reason why the notice cannot be given.
(g) Leave granted under this clause shall be counted for the
calculation of "continuous employment" for the purpose of
calculating severance pay and vacation leave.
Time spent on such leave shall be counted for pay increment
purposes.
27.02 Maternity Allowance
(a) An employee who has been granted maternity leave without
pay shall be paid a maternity allowance in accordance with the
terms of the Supplemental Unemployment Benefit (SUB) Plan
described in sub-clause (c) to (j), provided that she:
(i) has completed six (6) months of continuous employment
before the commencement of her maternity leave without pay,
(ii) provides the Employer with proof that she has applied for
and is in receipt of pregnancy benefits pursuant to Section 22 of
the Employment Insurance Act in respect of insurable
employment with the Employer,
and
**
(iii) has signed an agreement with the Employer stating
that:
(A) she will return to work on the expiry date of her
maternity leave without pay unless the return to work date is
modified by the approval of another form of leave;
(B) following her return to work, as described in section (A),
she will work for a period equal to the period she was in receipt
of the maternity allowance;
(C) should she fail to return to work in accordance with
section (A), or should she return to work but fail to work for
the total period specified in section (B), for reasons other than
death, lay-off, early termination due to lack of work or
discontinuance of a function of a specified period of employment
that would have been sufficient to meet the obligations specified
in section (B), or having become disabled as defined in the
Public Service Superannuation Act, she will be indebted
to the Employer for an amount determined as follows:
(allowance received)
|
X
|
(remaining period to be worked
following her return to work)
|
|
|
[total period to be
worked as specified in (B)]
|
however, an employee whose specified period of employment
expired and who is rehired by the same department within a period
of five (5) days or less is not indebted for the amount if her
new period of employment is sufficient to meet the obligations
specified in section (B).
**
(b) For the purpose of sections (a)(iii)(B), and (C), periods
of leave with pay shall count as time worked. Periods of leave
without pay during the employee's return to work will not be
counted as time worked but shall interrupt the period referred to
in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Maternity allowance payments made in accordance with the
SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of
two (2) weeks before receiving Employment Insurance pregnancy
benefits, ninety-three per cent (93%) of her weekly rate of pay
for each week of the waiting period, less any other monies earned
during this period,
and
(ii) for each week that the employee receives a pregnancy
benefit pursuant to Section 22 of the Employment Insurance
Act, the difference between the gross weekly amount of the
Employment Insurance pregnancy benefit she is eligible to receive
and ninety-three per cent (93%) of her weekly rate of pay less
any other monies earned during this period which may result in a
decrease in Employment Insurance benefits to which she would have
been eligible if no extra monies had been earned during this
period.
**
(d) At the employee's request, the payment referred to in
sub-clause 27.02(c)(i) will be estimated and advanced to the
employee. Adjustments will be made once the employee provides
proof of receipt of Employment Insurance pregnancy benefits.
(e) The maternity allowance to which an employee is entitled
is limited to that provided in sub-clause (c) and an employee
will not be reimbursed for any amount that she may be required to
repay pursuant to the Employment Insurance Act.
(f) The weekly rate of pay referred to in sub-clause (c) shall
be:
(i) for a full-time employee, the employee's weekly rate of
pay on the day immediately preceding the commencement of
maternity leave without pay,
(ii) for an employee who has been employed on a part-time or
on a combined full-time and part-time basis during the
six (6) month period preceding the commencement of maternity
leave, the rate obtained by multiplying the weekly rate of pay in
sub-clause (i) by the fraction obtained by dividing the
employee's straight time earnings by the straight time earnings
the employee would have earned working full-time during such
period.
(g) The weekly rate of pay referred to in sub-clause (f) shall
be the rate to which the employee is entitled for her substantive
level to which she is appointed.
(h) Notwithstanding sub-clause (g), and subject to
sub-subclause (f)(ii), if on the day immediately preceding the
commencement of maternity leave without pay an employee has been
on an acting assignment for at least four (4) months, the weekly
rate shall be the rate she was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or
pay revision while in receipt of the maternity allowance, the
allowance shall be adjusted accordingly.
(j) Maternity allowance payments made under the SUB Plan will
neither reduce nor increase an employee's deferred remuneration
or severance pay.
27.03 Special Maternity Allowance for Totally Disabled
Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
sub-subclause 27.02(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan,
the Longterm Disability (LTD) Insurance portion of the Public
Service Management Insurance Plan (PSMIP) or the Government
Employees Compensation Act prevents her from receiving
Employment Insurance pregnancy benefits,
and
(ii) has satisfied all of the other eligibility criteria
specified in sub-clause 27.02(a), other than those specified in
sections (A) and (B) of sub-subclause 27.02(a)(iii),
shall be paid, in respect of each week of maternity allowance
not received for the reason described in sub-subclause (i), the
difference between ninety-three per cent (93%) of her weekly rate
of pay and the gross amount of her weekly disability benefit
under the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause
and under clause 27.02 for a combined period of no more than the
number of weeks during which she would have been eligible for
pregnancy benefits pursuant to Section 22 of the Employment
Insurance Act had she not been disqualified from Employment
Insurance pregnancy benefits for the reasons described in
sub-subclause (a)(i).
**
27.04 Transitional Provisions
If, on the date of signature of this Agreement, an employee is
currently on maternity leave without pay or has requested a
period of maternity leave but has not commenced the leave, she
shall upon request be entitled to the provisions of this Article.
Any application must be received before the termination date of
the leave period originally requested.
**
28.01 Parental Leave Without Pay
(a) Where an employee has or will have the actual care and
custody of a new-born child (including the new-born child of a
common-law spouse), the employee shall, upon request, be granted
parental leave without pay for a single period of up to
thirty-seven (37) consecutive weeks in the fifty-two (52) week
period beginning on the day on which the child is born or the day
on which the child comes into the employee's care.
(b) Where an employee commences legal proceedings under the
laws of a province to adopt a child or obtains an order under the
laws of a province for the adoption of a child, the employee
shall, upon request, be granted parental leave without pay for a
single period of up to thirty-seven (37) consecutive weeks in the
fifty-two week (52) period beginning on the day on which the
child comes into the employee's care.
(c) Notwithstanding sub-clauses (a) and (b):
(i) where the employee's child is hospitalized within the
period defined in the above sub-clauses, and the employee has not
yet proceeded on parental leave without pay,
or
(ii) where the employee has proceeded on parental leave
without pay and then returns to work for all or part of the
period during which his or her child is hospitalized,
the period of parental leave without pay specified in the
original leave request may be extended by a period equal to that
portion of the period of the child's hospitalization during which
the employee was not on parental leave. However, the extension
shall end not later than fifty-two (52) weeks after the day on
which the child comes into the employee's care.
(d) An employee who intends to request parental leave without
pay shall notify the Employer at least four (4) weeks in advance
of the expected date of the birth of the employee's child
(including the child of a common-law spouse), or the date the
child is expected to come into the employee's care pursuant to
sub-clauses (a) and (b).
(e) The Employer may:
(i) defer the commencement of parental leave without pay at
the request of the employee;
(ii) grant the employee parental leave without pay with less
than four (4) weeks' notice;
(iii) require an employee to submit a birth certificate or
proof of adoption of the child.
(f) Parental leave without pay taken by a couple employed in
the Public Service shall not exceed a total of thirty-seven (37)
weeks for both individuals combined. For the purpose of this
sub-clause, Public Service means any portion of the Public
Service of Canada specified in Part I of Schedule I of the
Public Service Staff Relations Act.
(g) Leave granted under this clause shall count for the
calculation of "continuous employment" for the purpose of
calculating severance pay and vacation leave. Time spent on such
leave shall count for pay increment purposes.
28.02 Parental Allowance
(a) An employee who has been granted parental leave without
pay, shall be paid a parental allowance in accordance with the
terms of the Supplemental Unemployment Benefit (SUB) Plan
described in sub-clauses (c) to (j), providing he or she:
(i) has completed six (6) months of continuous employment
before the commencement of parental leave without pay,
(ii) provides the Employer with proof that he or she has
applied for and is in receipt of parental benefits pursuant to
Section 23 of the Employment Insurance Act in respect of
insurable employment with the Employer,
and
**
(iii) has signed an agreement with the Employer stating
that:
(A) the employee will return to work on the expiry date of
his/her parental leave without pay, unless the return to work
date is modified by the approval of another form of leave;
(B) following his or her return to work, as described in
section (A), the employee will work for a period equal to the
period the employee was in receipt of the parental allowance, in
addition to the period of time referred to in section
27.02(a)(iii)(B), if applicable;
(C) should he or she fail to return to work in accordance with
section (A) or should he or she return to work but fail to work
the total period specified in section (B), for reasons other than
death, lay-off, early termination due to lack of work or
discontinuance of a function of a specified period of employment
that would have been sufficient to meet the obligations specified
in section (B), or having become disabled as defined in the
Public Service Superannuation Act, he or she will be
indebted to the Employer for an amount determined as follows:
(allowance received)
|
X
|
(remaining period to be worked
following his/her return to work)
|
|
|
[ total period to be
worked as specified in (B)]
|
however, an employee whose specified period of employment
expired and who is rehired by the same department within a period
of five (5) days or less is not indebted for the amount if his or
her new period of employment is sufficient to meet the
obligations specified in section (B).
**
(b) For the purpose of sections (a)(iii)(B), and (C), periods
of leave with pay shall count as time worked. Periods of leave
without pay during the employee's return to work will not be
counted as time worked but shall interrupt the period referred to
in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
(c) Parental Allowance payments made in accordance with the
SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of
two (2) weeks before receiving Employment Insurance parental
benefits, ninety-three per cent (93%) of his/her weekly rate of
pay for each week of the waiting period, less any other monies
earned during this period;
(ii) other than as provided in sub-subclause (iii) below, for
each week in respect of which the employee receives parental
benefits pursuant to Section 23 of the Employment Insurance
Act, the difference between the gross weekly amount of the
Employment Insurance parental benefits he or she is eligible to
receive and ninety-three per cent (93%) of his or her weekly rate
of pay less any other monies earned during this period which may
result in a decrease in Employment Insurance benefits to which he
or she would have been eligible if no extra monies had been
earned during this period;
(iii) where the employee becomes entitled to an extension of
parental benefits pursuant to Subsection 12(7) of the
Employment Insurance Act, the parental allowance payable
under the SUB Plan described in sub-subclause (ii) will be
extended by the number of weeks of extended benefits which the
employee receives under Subsection 12(7) of the
EI Act.
**
(d) At the employee's request, the payment referred to in
sub-subclause 28.02(c)(i) will be estimated and advanced to the
employee. Adjustments will be made once the employee provides
proof of receipt of EI parental benefits.
(e) The parental allowance to which an employee is entitled is
limited to that provided in sub-clause (c) and an employee will
not be reimbursed for any amount that he or she is required to
repay pursuant to the Employment Insurance Act.
(f) The weekly rate of pay referred to in sub-clause (c) shall
be:
(i) for a full-time employee, the employee's weekly rate of
pay on the day immediately preceding the commencement of
maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or
on a combined full time and part-time basis during the
six (6) month period preceding the commencement of maternity or
parental leave without pay, the rate obtained by multiplying the
weekly rate of pay in sub-subclause (i) by the fraction obtained
by dividing the employee's straight time earnings by the straight
time earnings the employee would have earned working full time
during such period.
(g) The weekly rate of pay referred to in sub-clause (f) shall
be the rate to which the employee is entitled for the substantive
level to which she or he is appointed.
(h) Notwithstanding sub-clause (g), and subject to
sub-subclause (f)(ii), if on the day immediately preceding the
commencement of parental leave without pay an employee is
performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate the employee was being paid on that
day.
(i) Where an employee becomes eligible for a pay increment or
pay revision while in receipt of parental allowance, the
allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will
neither reduce nor increase an employee's deferred remuneration
or severance pay.
28.03 Special Parental Allowance for Totally Disabled
Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in
sub-subclause 28.02(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan,
the Long-term Disability (LTD) Insurance portion of the Public
Service Management Insurance Plan (PSMIP) or via the
Government Employees Compensation Act prevents the
employee from receiving Employment Insurance parental
benefits,
and
(ii) has satisfied all of the other eligibility criteria
specified in sub-clause 28.02(a), other than those specified in
sections (A) and (B) of sub-subclause 28.02(a)(iii),
shall be paid, in respect of each week of benefits under the
parental allowance not received for the reason described in
sub-subclause (i), the difference between
ninety-three per cent (93%) of the employee's rate of pay and the
gross amount of his or her weekly disability benefit under the
DI Plan, the LTD Plan or via the Government Employees
Compensation Act.
(b) An employee shall be paid an allowance under this clause
and under clause 28.02 for a combined period of no more than the
number of weeks during which the employee would have been
eligible for parental benefits pursuant to Section 23 of the
Employment Insurance Act, had the employee not been
disqualified from Employment Insurance parental benefits for the
reasons described in sub-subclause (a)(i).
**
28.04 Transitional Provisions
If, on the date of signature of this Agreement, an employee is
currently on parental leave without pay or has requested a period
of such leave without pay but has not commenced the leave, he or
she shall upon request be entitled to the provisions of this
Article. Any application must be received before the termination
date of the leave period originally requested.
29.01
(a) For the purpose of this clause, family is defined as
spouse (or common-law spouse resident with the employee),
children (including children of legal or common-law spouse),
parents (including step-parents or foster parents), or any
relative permanently residing in the employee's household or with
whom the employee permanently resides.
(b) The Employer shall grant leave with pay under the
following circumstances:
(i) up to one (1) day to take a family member for a medical or
dental appointment when the family member is incapable of
attending the appointments by himself of herself, or for
appointments with appropriate authorities in schools or adoption
agencies. An employee is expected to make reasonable efforts to
schedule medical or dental appointments for family members to
minimize his or her absence from work. An employee requesting
leave under this provision must notify his or her supervisor of
the appointment as far in advance as possible;
(ii) to provide for the immediate and temporary care of a sick
member of the employee's family and to provide an employee with
time to make alternate arrangements where the illness is of a
longer duration;
(iii) to provide for the immediate and temporary care of an
elderly member of the employee's family;
(iv) two (2) day's leave with pay for needs directly related
to the birth or to the adoption of the employee's child. This
leave may be divided into two (2) periods and granted on separate
days.
(c) The total leave with pay which may be granted under
sub-clause (b) shall not exceed five (5) days in a
fiscal year.
30.01 After the completion of one (1) year's
continuous employment in the Public Service, an employee who
gives the Employer at least twenty (20) days' notice, shall be
granted marriage leave with pay but not more than two (2) days,
for the purpose of getting married.
**ARTICLE 31
LEAVE WITHOUT PAY FOR
THE CARE OF IMMEDIATE FAMILY
31.01 Both parties recognize the importance
of access to leave for the purpose of care for the immediate
family.
31.02 For the purpose of this article, family
is defined as spouse (or common-law spouse resident with the
employee), children (including foster children or children of
legal or common-law spouse), parents (including stepparents or
foster parents) or any relative permanently residing in the
employee's household or with whom the employee permanently
resides.
31.03 Subject to clause 31.02, an employee
shall be granted leave without pay for the Care of Immediate
Family in accordance with the following conditions:
(a) an employee shall notify the Employer in writing as far in
advance as possible but not less than four (4) weeks in advance
of the commencement date of such leave, unless, because of urgent
or unforeseeable circumstances, such notice cannot be given;
(b) leave granted under this clause shall be for a minimum
period of three (3) weeks;
(c) the total leave granted under this article shall not
exceed five (5) years during an employee's total period of
employment in the Public Service;
(d) leave granted for a period of one (1) year or less shall
be scheduled in a manner which ensures continued service
delivery.
31.04 An employee who has proceeded on leave
without pay may change his or her return to work date if such
change does not result in additional costs to the Employer.
31.05 All leave granted under Leave Without
Pay for the Care and Nurturing of Pre-School Age Children under
the terms of the previous AI collective agreement or other
agreements will not count towards the calculation of the maximum
amount of time allowed for Care of Immediate Family during an
employee's total period of employment in the Public Service.
Transitional Provision
31.06
This transitional provision is applicable to employees who
have been granted and have proceeded on leave on or after the
date of signature of this agreement.
(a) An employee who, on the date of signature of this
agreement, is on Leave Without Pay for the Care and Nurturing of
Pre-School Age Children (article 31) under the terms of the
agreement expired on June 30, 2000, continues on that leave for
the approved duration or until the employee's return to work, if
the employee returns to work before the end of the approved
leave.
(b) An employee who becomes a member of the bargaining unit on
or after the date of signature of this agreement and who is on
Leave Without Pay for the Long-Term Care of a Parent or on Leave
Without Pay for the Care and Nurturing of Pre-School Age Children
under the terms of another agreement, continues on that leave for
the approved duration or until the employee's return to work, if
the employee returns to work before the end of the approved
leave.
32.01 For the purpose of this clause,
immediate family is defined as father, mother, (or alternatively,
stepfather, stepmother or foster parent), brother, sister, spouse
(including common-law spouse resident with the employee), child
(including child of common-law spouse), ward of the employee,
father-in-law, mother-in-law, grandparent, grandchild and
relative permanently residing in the employee's household or with
whom the employee permanently resides.
32.02 When a member of the employee's
immediate family dies, an employee shall be entitled to a
bereavement period of five (5) consecutive calendar days which
must include the day of the funeral. During such period, the
employee shall be paid for those days which are not regularly
scheduled days of rest for that employee. In addition, the
employee may be granted up to three (3) days' leave with pay for
the purpose of travel related to the death.
32.03 An employee is entitled to up to
one (1) day's bereavement leave with pay for the purpose related
to the death of the employee's son-in-law, daughter-in-law,
brother-in-law or sister-in-law.
32.04 It is recognized by the parties that
the circumstances which call for leave in respect of bereavement
are based on individual circumstances. On request, the Employer
may, after considering the particular circumstances involved,
grant leave with pay for a period greater than and/or in a manner
different than that provided for in clauses 32.02 and 32.03.
33.01 Leave with pay shall be given to every
employee, other than an employee already on leave without pay, on
education leave, or under suspension who is required:
(a) to be available for jury selection;
(b) to serve on a jury;
or
(c) by subpoena or summons to attend as a witness in any
proceeding held:
(i) in or under the authority of a court of justice or before
a grand jury;
(ii) before a court, judge, justice, magistrate or
coroner;
(iii) before the Senate or House of Commons of Canada or a
committee of the Senate or House of Commons otherwise than in the
performance of the duties of his position;
(iv) before a legislative council, legislative assembly or
house of assembly, or any committee thereof that is authorized by
law to compel the attendance of witnesses before it;
or
(v) before an arbitrator or umpire or a person or body of
persons authorized by law to make an inquiry and to compel the
attendance of witnesses before it.
34.01 Where an employee participates as a
candidate in a personnel selection process for a position in the
Public Service, as defined in the Public Service Staff
Relations Act, the employee is entitled to leave with pay
for the period during which the employee's presence is required
for purposes of the selection process, and for such further
period as the Employer considers reasonable for the employee to
travel to and from the place where his or her presence is so
required. Remuneration in these circumstances shall be limited to
normal pay.
35.01 The Employer recognizes the usefulness
of Education Leave. Upon written application by the employee and
with the approval of the Employer, an employee may be granted
education leave without pay for varying periods up to
one (1) year, which can be renewed by mutual agreement, to attend
a recognized institution for studies in some field of education
in which preparation is needed to fill his or her present role
more adequately or to undertake studies in some field in order to
provide a service which the Employer requires or is planning to
provide.
35.02 At the Employer's discretion, an
employee on education leave without pay under this Article may
receive an allowance in lieu of salary of up to
one hundred per cent (100%) of his or her normal pay, depending
on the degree to which the education leave is deemed by the
Employer to be relevant to organizational requirements. Where the
employee receives a grant, bursary or scholarship, the education
leave allowance may be reduced. In such cases, the amount of the
reduction shall not exceed the amount of the grant, bursary
or scholarship.
35.03 Allowances already being received by
the employee may at the discretion of the Employer be continued
during the period of the education leave. The employee shall be
notified when the leave is approved whether such allowances are
to be continued in whole or in part.
35.04 As a condition of the granting of
education leave without pay, an employee shall, if required, give
a written undertaking prior to the commencement of the leave to
return to the service of the Employer for a period of not less
than the period of the leave granted.
If the employee, except with the permission of the
Employer:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion
of the course;
or
(c) ceases to be employed, except by reason of death or
lay-off, before termination of the period he or she has
undertaken to serve after completion of the course;
the employee shall repay the Employer all allowances paid to
him or her under this Article during the education leave or such
lesser sum as shall be determined by the Employer.
35.05 Career Development Leave With Pay
(a) Career development refers to an activity which in the
opinion of the Employer is likely to be of assistance to the
individual in furthering his or her career development and to the
organization in achieving its goals. The following activities
shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic
institution;
(iii) a seminar, convention or study session in a specialized
field directly related to the employee's work..
(b) Upon written application by the employee, and with the
approval of the Employer, career development leave with pay may
be given for any one of the activities described in
sub-clause 35.05(a) above. Article 17, Overtime, and Article 23,
Travel, do not apply during time spent on career development
leave provided for in this clause.
(c) Employees on career development leave shall be reimbursed
for all reasonable travel and other expenses incurred by them
which the Employer may deem appropriate.
35.06 Invitation to Participate at Seminars and
Conventions
An employee invited to give courses or lectures on matters
related to his or her field of employment or to take part in
seminars and conventions pertaining to Air Traffic Control and
related to his or her employment may, at the discretion of the
Employer, be given leave with pay for such attendance.
36.01
(a) Subject to operational requirements as determined by the
Employer and with an advance notice of at least five (5) working
days, the employee shall be granted, in each fiscal year,
one (1) day of leave with pay to work as a volunteer for a
charitable or community organization or activity, other than for
activities related to the Government of Canada Workplace
Charitable Campaign;
(b) The leave shall be scheduled at a time convenient to both
the employee and the Employer. Nevertheless, the Employer shall
make every reasonable effort to grant the leave at such time as
the employee may request.
37.01
(a) Subject to operational requirements as determined by the
Employer and with an advance notice of at least five (5) working
days, the employee shall be granted, in each fiscal year,
one (1) day of leave with pay for reasons of a personal
nature.
(b) The leave shall be scheduled at a time convenient to both
the employee and the Employer. Nevertheless, the Employer shall
make every reasonable effort to grant the leave at such time as
the employee may request.
38.01 It is agreed that, operational
requirements permitting, employees in the Air Traffic Control
Group who are selected for employment by ICAO, CUSO, or under
Canada's External Aid Programme, will be granted leave without
pay on presentation of a letter indicating their acceptance by
such an organization.
38.02 At the discretion of the Employer,
leave with pay may be granted when circumstances not directly
attributable to the employee prevent the employee's reporting for
duty. Such leave shall not be unreasonably withheld.
38.03 At its discretion, the Employer may
grant leave without pay for purposes other than those specified
in this Agreement.
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