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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
ARTICLE 25
OTHER LEAVE WITH OR WITHOUT PAY
25.01 In respect of any requests for leave under this Article, the
employee, when required by the Employer, must provide satisfactory validation of the circumstances necessitating such
requests, in such manner and at such time as may be determined by the Employer and confirmed in writing.
Bereavement Leave With Pay
25.02 For the purpose of this clause, immediate family is defined as
father, mother, 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 and relative permanently residing in
the employee's household or with whom the employee permanently resides.
**
(a) When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of
four (4) 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.
(b) An employee is entitled up to one (1) day's bereavement leave with pay for the purpose related to the death of
the employee's grandparent, grandchild, son-in-law, daughter-in-law, brother-in-law or sister-in-law.
(c) 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 deputy head of a department may, after considering the particular
circumstances involved, grant leave with pay for a period greater than that provided for in sub-clauses 25.02(a) and
(b).
Court Leave with Pay
25.03 The Employer shall grant leave with pay to an employee for the
period of time the employee 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 except one to which an employee is a party and
otherwise than in the performance of the duties of his or her position, 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 a Senate or House of Commons of Canada, or a committee of the Senate or House of Commons,
(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.
Personnel Selection Leave With Pay
25.04 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 of absence 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 the employee's presence is so required. Remuneration in these
circumstances shall be limited to regular salary.
Injury-on-Duty Leave With Pay
25.05 An employee shall be granted injury-on-duty leave with pay for such
reasonable period as may be determined by the Employer when a claim has been made pursuant to the Government
Employees' Compensation Act, and a Workmen's Compensation authority has notified the Employer that it has certified
that the employee is unable to work because of:
(a) personal injury received in the performance of the employee's duties and not caused by willful misconduct,
or
(b) an industrial illness or a disease arising out of and in the course of the employee's employment,
if the employee agrees to remit to the Receiver General for Canada any amount received by the employee in
compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that
such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the
premium.
Examination Leave With Pay
25.06 Leave of absence with pay to write examinations may be granted by
the Employer to an employee. Such leave will be granted only where in the opinion of the Employer the course of study
is directly related to the employee's duties or will improve the employee's qualifications.
**
25.07 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's newborn child is hospitalized within the period defined in
sub-clause (a),
and
(ii) where the employee has proceeded on maternity leave without pay and then, upon request and with
the concurrence of the Employer, 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 returned to work, 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) At its discretion, 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 With Pay Article. For purposes of this Article, illness or injury as defined 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.
(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.
**
25.08 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), 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 Employment
Insurance (EI) 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 with the Employer's consent,
(B) within eighteen (18) months following her return from maternity leave without pay, she will work an amount of
hours paid at straight time calculated by multiplying the number of hours in the work week on which her maternity
allowance was calculated by twenty-six (26),
(C) should the employee fail to return to work as per the provisions of sub-clauses (A) and (B) for reasons other
then death or 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 sub-clause (B), or having become
disabled as defined in the Public Service Superannuation Act, the employee recognizes that she is indebted to
the Employer for the amount received as a maternity allowance, proportionate to the amount of hours not worked in
relation to the hours to be worked as specified in sub-clause (B) above.
(b) For the purpose of sub-clause (a)(iii)(B), periods of leave with pay shall count as time worked.
(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 EI maternity 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 EI 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.
(d) 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 EI Act.
(e) The weekly rate of pay referred to in sub-clause (c) shall be:
(i) for a full-time employee, her 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 her straight time earnings by the straight time earnings she
would have earned working full time during such period.
(f) The weekly rate of pay referred to in sub-clause (e) shall be the rate to which the employee is entitled for her
substantive level to which she is appointed.
(g) Notwithstanding sub-clause (f), and subject to sub-clause (e)(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.
(h) 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.
(i) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
**
25.09 Special Maternity Allowance for Totally-Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-clause 25.08(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 the Government Employees Compensation Act
prevents her from receiving EI maternity benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 25.08(a), other than
those specified in sections (A) and (B) of sub-clause 25.08(a)(iii),
shall be paid, in respect of each week of maternity allowance not received for the reason described
in sub-clause (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 25.08 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 EI Act had she not been disqualified from EI maternity benefits for the reasons described in
sub-clause (a)(i).
**
25.10 Parental Leave Without Pay
(a) An employee who becomes a parent through the birth of a child or the adoption of a child below
the age of majority shall, upon request, be granted parental leave without pay for a single period of up to
twenty-six (26) consecutive weeks beginning on or after the date of the child's birth or the date of acceptance of
custody of the child for adoption.
(b) The period of parental leave without pay shall end:
(i) where the period of maternity leave without pay as described in sub-clause 25.07(a) is followed
by a period of parental leave without pay taken by the employee, or in the case of a Public Service couple, by the
employee's spouse, no later than fifty-two (52) weeks after the child is born;
(ii) where the period of maternity leave without pay is extended as described in sub-clause 25.07(b)
is followed by a period of parental leave without pay taken by the employee, or in the case of a Public Service couple,
by the employee's spouse, no later than fifty-two (52) weeks after the day the child is born;
and
(iii) in all other cases, no later than fifty-two (52) weeks after the day the child is born or the
acceptance of custody of the child for adoption.
(c) 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 child or as soon as the application for adoption has
been approved by the adoption agency.
(d) The Employer may require an employee to submit a birth certificate or proof of adoption for the
child.
(e) Parental leave without pay taken by a Public Service couple shall not exceed a total of
twenty-six (26) weeks for both employees combined.
(f) 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.
**
25.11 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-clause (c), 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 Employment
Insurance (EI) 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 he or she:
(A) will return to work on the expiry date of his or her parental leave without pay, unless the return to work date
is modified with the Employer's consent,
(B) within eighteen (18) months of the employee's return from parental leave without pay, he or she will work an
amount of hours paid at straight time calculated by multiplying the number of hours in the work week on which the
parental allowance was calculated by twenty-six (26),
(C) should the employee fail to return to work as per the provisions of sub-clauses A and B for reasons other than
death or 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 sub-clause B, or having become disabled
as defined in the Public Service Superannuation Act, the employee recognizes that he or she is indebted to the
Employer for the amount received as a parental allowance, proportionate to the amount of hours not worked in relation
to the hours to be worked as specified in sub-clause B above.
(b) For the purpose of section (iii)(B), periods of leave with pay shall count as time worked.
(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 EI parental benefits,
ninety-three per cent (93%) of the employee's 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-clause (iii) below, for each week in respect of which the employee receives EI
parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross
amount of the EI parental benefits he or she is initially eligible to receive and ninety-three per cent (93%) of the
employee's weekly rate of pay less any other monies earned during this period;
(iii) where the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the
EI Act, the parental allowance payable under the SUB Plan described in sub-clause (ii) will be extended by the
number of weeks of extended benefits which the employee receives under that sub-clause.
(d) 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 El Act.
(e) 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-clause (i) by the fraction obtained by dividing the employee's straight time
earnings by the straight time earnings he or she would have earned working full time during such period.
(f) The weekly rate of pay referred to in sub-clause (e) shall be the rate to which the employee is entitled for the
substantive level to which he or she is appointed.
(g) Notwithstanding sub-clause (f), and subject to sub-clause (e)(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 he or she was being paid on that day.
(h) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance,
the allowance shall be adjusted accordingly.
(i) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred
remuneration or severance pay.
**
25.12 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in sub-clause 25.11(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 him or her from receiving EI parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in sub-clause 25.11(a), other than
those specified in sections (A) and (B) of sub-clause 25.11(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance not received for the
reason described in sub-clause (i), the difference between ninety-three per cent (93%) of the employee's rate of pay
and the gross amount of the employee's 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 25.11 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 EI Act, had the employee not been disqualified from EI parental benefits for the reasons
described in sub-clause (a)(i).
**
25.13 Transitional Provisions
(a) If, on December 6, 1999, 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 in
this Article. Any application must be received before the termination date of the leave period originally
requested.
(b) If, on December 6, 1999, an employee is absent on maternity leave without pay and more than
seventeen (17) weeks have elapsed since the termination date of her pregnancy, she may request parental leave as of the
date of signing and her return to work date will be extended subject to the provisions of the Parental Leave Without
Pay Article. Time already spent on maternity leave after seventeen (17) weeks following the termination of pregnancy
shall be deducted from the period of parental leave specified in sub-clause 25.10(a) unless it is for reasons related
to the hospitalization of the newborn child, as specified in sub-clause 25.07(b).
(c) If, on December 6, 1999, any employee is currently on paternity or adoption 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 in this Article. Any application must be received before the termination date of the leave
period originally requested.
25.14 Leave Without Pay for the Care and Nurturing of Preschool Age
Children
Subject to operational requirements as determined by the Employer an employee shall be granted leave without pay for
the care and nurturing of the employee's preschool age children in accordance with the following conditions:
(a) an employee shall notify the Employer in writing four (4) weeks in advance of the commencement date of such
leave;
(b) leave granted under this clause shall be for a minimum period of six (6) months;
(c) the total leave granted under this clause shall not exceed five (5) years during an employee's total period of
employment in the Public Service;
(d) such leave shall be deducted for the calculation of "continuous employment" for the purposes of calculating
severance pay and vacation leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
25.15 Leave Without Pay for Family-Related Needs
Leave without pay will be granted for family-related needs, in the following manner:
(a) Subject to operational requirements as determined by the Employer, leave without pay for a period of up to
three (3) months will be granted to an employee for family-related needs.
(b) Subject to operational requirements as determined by the Employer, leave without pay of more than
three (3) months but not exceeding one (1) year will be granted to an employee for family-related needs.
(c) An employee is entitled to leave without pay for family-related needs only once under each of (a) and (b) of
this clause during the employee's total period of employment in the Public Service. Leave without pay granted under
this clause may not be used in combination with maternity, paternity or adoption leave without the consent of the
Employer.
(d) Leave without pay granted under (a) of this clause shall be counted for the calculation of "continuous
employment" for the purpose of calculating severance pay and vacation leave for the employee involved. Time spent on
such leave shall be counted for pay increment purpose.
(e) Leave without pay granted under (b) of this clause shall be deducted from the calculation of "continuous
employment" for the purpose of calculating severance pay and vacation leave for the employee involved. Time spent on
such leave shall not be counted for pay increment purposes.
25.16 Leave Without Pay for Relocation of Spouse
(a) At the request of an employee, leave without pay for a period up to one (1) year shall be granted
to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is
temporarily relocated.
(b) Leave without pay granted under this clause shall be deducted from the calculation of "continuous
employment" for the purpose of calculating severance pay and vacation leave for the employee involved except where the
period of such leave is less than three (3) months. Time spent on such leave which is for a period of more than
three (3) months shall not be counted for pay increment purposes.
25.17 Leave With Pay for Family-Related Responsibilities
(a) For the purpose of this clause, family is defined as spouse (or common-law spouse resident with
the employee), dependent children (including 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.
(b) The Employer shall grant leave with pay under the following circumstances:
(i) an employee is expected to make every reasonable effort to schedule medical or dental
appointments for dependent family members to minimize or preclude the employee's absence from work, however, when
alternate arrangements are not possible an employee shall be granted up to one-half (1/2) day for a medical or dental
appointment when the dependent family member is incapable of attending the appointment by himself or herself, or for
appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this
provision must notify his or her supervisor of the appointment as far in advance as possible;
**
(ii) leave with pay 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 care arrangements where the illness is of a longer duration;
(iii) one (1) 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;
**
(iv) five (5) days' marriage leave for the purpose of getting married provided that the employee gives the Employer
at least five (5) days' notice.
(c) The total leave with pay which may be granted under sub-clause (b)(i), (ii), (iii) and (iv) shall not exceed
five (5) days in a fiscal year.
25.18 Leave With or Without Pay for Other Reasons
At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this
Agreement.
26.01 It is agreed that there shall be no discrimination with respect to
an employee by reason of age, race, creed, colour, national origin, political or religious affiliation, sex, membership
or activity in the Union.
27.01 When the employment of an employee who has been granted more
vacation or sick leave with pay than the employee has earned is terminated by death, the employee is considered to have
earned the amount of leave with pay granted to him or her.
27.02 When the employment of an employee who has been granted more
vacation or sick leave with pay than the employee has earned is terminated by lay-off, the employee is considered to
have earned the amount of leave with pay granted if at the time of lay-off the employee has completed two (2) or more
years of continuous employment.
**
27.03 An employee is entitled, once in each quarter, to be informed, upon
request, of the balance of his or her leave credits.
27.04 The amount of leave with pay credited to an employee by the Employer
at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be
retained by the employee.
27.05 Leave shall be granted only in respect of time the employee would be
otherwise scheduled to work at straight-time rates.
27.06 An employee is not entitled to leave with pay during periods when
the employee is on leave without pay or under suspension.
27.07 An employee shall not be granted two different types of leave with
pay at the same time.
27.08 An employee shall not earn leave credits under this Collective
Agreement in any month for which leave has already been credited to the employee under the terms of any other
collective agreement to which the Employer is a party.
Lay-off
28.01 An employee who has one (1) year or more of continuous employment
and who is laid off is entitled to be paid severance pay at the time of lay-off.
28.02 In the case of an employee who is laid off for the first time
following May 9, l969, the amount of severance pay shall be two (2) weeks' pay for the first and one (1) week's pay for
each succeeding complete year of continuous employment less any period in respect of which the employee was granted
severance pay, retiring leave or a cash gratuity in lieu thereof by the Employer, but the total amount of severance pay
which may be paid under this clause shall not exceed twenty-eight (28) weeks' pay.
28.03 In the case of an employee who is laid off for a second or
subsequent time following May 9, 1969, the amount of severance pay shall be one week's pay for each completed year of
continuous employment less any period in respect of which the employee was granted severance pay, retiring leave or a
cash gratuity in lieu thereof by the Employer, but the total amount of severance pay which may be paid under this
clause shall not exceed twenty-seven (27) weeks' pay.
**
Resignation
28.04 Provided an employee gives not less than one (1) month's notice of
his or her intention to resign or such shorter period as the Employer may agree, an employee who has ten (10) or more
years of continuous employment is, subject to clause 28.05, entitled to be paid on resignation from the Public Service
severance pay equal to the amount obtained by multiplying half (1/2) of the employee's weekly rate of pay on
resignation by the number of completed years of the employee's continuous employment to a maximum of twenty-six (26),
less any period in respect of which the employee was granted severance pay, retiring leave or a cash gratuity in lieu
of retiring leave by the Employer.
Retirement
28.05 On termination of employment an employee who is entitled to an
immediate annuity or an immediate annual allowance under the Public Service Superannuation Act shall be paid
severance pay equal to the product obtained by multiplying the employee's weekly rate of pay on termination of
employment by the number of completed years of continuous employment to a maximum of twenty-eight (28), less any period
in respect of which the employee was granted severance pay, retiring leave or a cash gratuity in lieu of retiring leave
by the Employer.
Severance Pay on Death
28.06 Regardless of any other benefit payable, if an employee dies there
shall be paid to the employee's estate an amount equal to the product obtained by multiplying the employee's weekly
rate of pay at the time of death by the number of completed years of continuous employment to a maximum of
twenty-eight (28) less any period in respect of which the employee was granted severance pay, retiring leave or a cash
gratuity in lieu thereof by the Employer.
28.07 For an employee appointed to a position in the bargaining unit after
February 22, 1982, severance benefits payable under this Article shall be reduced by any period of continuous
employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances
shall the maximum severance pay provided under clauses 28.02 and 28.03 be pyramided.
29.01 An employee shall be given an opportunity to sign any formal review
of his or her performance, including the results of proficiency checks, and shall also be given an opportunity to sign
all adverse reports pertaining to the performance of his or her duties.
29.02 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.
29.03 Any document, relating to disciplinary action, which may have been
placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the infraction
took place; provided that no further occurrence of disciplinary action has been recorded during this period.
30.01 The Employer shall continue to ensure that reasonable provisions are
made for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the
Union and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures
and techniques designed or intended to prevent or reduce the risk of employment injury.
31.01 The Employer agrees to continue the present practice of providing an
employee with immunization against communicable diseases when such immunization is a requirement to obtain a passport
for travel in the performance of duties outside Canada.
32.01 The Employer agrees to continue the present practice of ensuring
that employees have ready access to all publications considered necessary to their work by the Employer.
33.01 At Helicopter bases where there are two (2) or more Helicopter
Pilots, and where there is no supervisory pilot, an Assignment Scheduling Allowance shall be paid to one of the
Helicopter Pilots.
33.02 The Helicopter Pilot who receives the Allowance shall be designated
as the Pilot in Charge by the Employer.
33.03 The Allowance shall be thirty-two dollars ($32.00) per
four (4) weeks pay period and it shall not be paid during any period when the designated pilot is on leave of
absence.
33.04 The Allowance shall be reduced on a pro-rata basis for any period of
less than four (4) weeks during which a pilot is assigned the Assignment Scheduling responsibilities by the
Employer.
34.01 Personal references shall be given to a prospective Employer on
application by such Employer, indicating length of service, principal duties and responsibilities, and performance of
such duties provided that the Employer may withhold such references until receipt of written authority from the
employee or former employee.
**
35.01 In cases of alleged misinterpretation or misapplication arising out
of agreements concluded by the National Joint Council of the Public Service on items which may be included in a
collective agreement and which the NJC parties have endorsed, the grievance procedure will be in accordance with
Section 14 of the NJC By-Laws.
35.02 If he or she so desires an employee may be assisted and/or
represented by the Union when presenting a grievance at any step.
35.03 An employee who wishes to present a grievance at any prescribed step
in the grievance procedure, shall transmit this grievance to his or her 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 or her.
35.04 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.
**
35.05 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 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 35.03, except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the
employee's specific complaint such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral
award, the employee is not entitled to present the grievance unless the employee has the approval of and is represented
by the Union.
35.06 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) Step 2 - (and 3 in departments or agencies where such a step is established) - intermediate step(s);
(c) Final Step - Chief Executive or authorized representative.
35.07 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 Union.
35.08 The Union shall have the right to consult with the Employer with
respect to a grievance at each or any step of the grievance procedure.
35.09 An employee may present a grievance to the first step of the
procedure in the manner prescribed in clause 35.03, not later than the twenty-fifth (25th) day after the
date on which the employee is notified orally or in writing or on which the employee first becomes aware of the action
or circumstances giving rise to grievance.
35.10 An employee may present a grievance at each succeeding step in the
grievance procedure beyond the first step either:
(a) where the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision
or settlement has been conveyed in writing to the employee by the Employer,
or
(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 35.11,
within ten (10) days following the last day on which the Employer was due to convey a decision.
35.11 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 thirty (30) days where the grievance is presented at the final step.
35.12 Where an employee has been represented by the Union in the
presentation of his or her grievance, the Employer will provide the appropriate representative of the Union 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.
35.13 The decision given by the Employer at the final step in the
grievance shall be final and binding upon the employee for all purposes of the Public Service Staff Relations
Act, unless the grievance is one which may be referred to adjudication.
35.14 In determining the time within which any action is to be taken as
prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.
35.15 Where the provisions of clause 35.03 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 or her 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.
35.16 The time limits stipulated in this procedure may be extended by
mutual agreement between the Employer and the employee and, where appropriate, the Union representative, except as
provided in clause 35.18.
35.17 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 Union.
**
35.18 Where the Employer demotes or terminates an employee for cause
pursuant to paragraph 11(2)(f) or (g) of the Financial Administration Act, the grievance procedure set forth in
this Agreement shall apply except that:
(a) the grievance may be presented at the final step only,
and
(b) the thirty (30)-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 Union.
35.19 An employee may by written notice to his or her immediate supervisor
or officer-in-charge abandon a grievance.
35.20 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 the employee's control, the employee was unable to comply with the prescribed time limits.
35.21 No person shall seek by intimidation, by threat of dismissal or by
any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her
right to present a grievance, as provided in this Collective Agreement.
35.22 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 the employee of a provision of this Collective Agreement or a
related arbitral award,
or
(b) disciplinary action resulting in discharge, suspension or a financial penalty,
and the employee's grievance has not been dealt with to the employee's satisfaction, the employee may refer the
grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and
Regulations.
35.23 Where a grievance that may be presented by an employee to
adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of
this Agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the
Union 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.
36.01 The parties acknowledge the mutual benefits to be derived from joint
consultation and will consult on matters of common interest.
36.02 Subjects that may be determined as appropriate for joint
consultation will be by mutual agreement of the parties.
**
National Consultation
36.03
(a) To facilitate discussions on matters of mutual interest outside the terms of the Collective
Agreement including training and career development, the Employer will recognize an Aircraft Operations Group Committee
of the Union for the purpose of consulting with management. Representation at such meetings will normally be limited to
five (5) representatives from each party, or as mutually agreed. It is agreed that the first of such meetings will be
held within three (3) months of the date of the signing of this Agreement, and thereafter as determined by mutual
agreement.
(b) 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.
37.01 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.
38.01 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.
39.01 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 calendar month after receipt of such notice.
40.01 The Employer agrees, where an employee loses his or her Flight Crew
licence due to medical reasons, to continue the present practice of making every reasonable effort to find suitable
alternate employment for the employee either within the Department or elsewhere in the Public Service.
40.02 Where an employee, who has been denied renewal of his or her Flight
Crew licence on the grounds that he or she does not meet the prescribed medical standards, applies for a review of his
or her case to the Civil Aviation Medical Advisory Panel, the Employer will reimburse the employee for the cost of any
additional medical examinations which he or she is required to undergo.
41.01 The Employer shall reimburse an employee for his or her payment of
fees incurred in:
(a) obtaining medical examinations, including but not limited to electrocardiograms, specialist reports and x-rays,
when required by the licencing authority, for the purpose of the renewal of a Flight Crew licence;
and
(b) renewing his or her Flight Crew licence including ratings and endorsements thereto, when required by the
Employer as a condition for the continuation of the performance of the duties of his or her position.
42.01 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 collective agreement, subject to the Public Service Staff Relations
Act (PSSRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to
any Act specified in Schedule III of the PSSRA.
42.02 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 clause (c) of the NJC Memorandum of Understanding which became
effective on December 6, 1978.
43.01 If an employee on a designated holiday or a day of rest or after he
or she has completed his or her work for the day and has left his or her place of work is called back to work and
returns to work he or she shall be entitled to the greater of:
(a) compensation at the applicable overtime rate for any time worked,
(b) compensation equivalent to four (4) hours' pay at the straight-time rate.
Time spent by an employee reporting to work or returning to his or her residence shall not constitute time
worked.
**
43.02 An employee who receives a call to duty or responds to a telephone
or data line call on a designated holiday or a day of rest or after he or she has completed his or her work for the
day, may, at the discretion of the Employer, work at the employee's residence or at another place to which the Employer
agrees. In such instances, the employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for any time worked,
or
(b) compensation equivalent to one (1) hour's pay at the straight-time rate, which shall apply only the first time
an employee performs work during an eight-hour period, starting when the employee first commences the work.
44.01
**
(a) An employee will be considered to be on standby when the Employer requires that employee to be available at a
known telecommunications link number and able to perform authorized work during off-duty hours for his or her
designated period of standby duty.
**
(b) An employee on standby shall be compensated at the rate of one (1) hour for each eight (8) consecutive hours or
portion thereof that the employee has been designated as being on standby duty.
**
(c) The compensation referred to in (b) shall be made in cash. However, at the request of the employee and the
discretion of the Employer, the compensation may be in the form of compensatory leave.
**
(d) No compensation shall be made for the total period of standby duty if the employee is unable to report for duty
when required.
**
(e) An employee on standby who receives a call to duty and who performs authorized work shall be credited with
compensatory leave in accordance with Article 43 and shall continue to receive compensation under this clause for the
balance of the period of standby duty in which he or she is called to duty.
(f) Upon recommencement of standby duty following a period in which an employee has been recalled to work or
received a call to duty subject to clause 44.01(e) he or she will recommence to earn standby compensation under the
provisions of paragraph (b) of this clause.
(g) When there is a known requirement for standby duties on a continuing basis the Employer will endeavour to
distribute the standby duties on an equitable basis among qualified available employees.
45.01 A Helicopter Pilot shall receive a weekly allowance of
thirty (30) hours at time and one-half (1 1/2) for each period of seven (7) days in which he or she is required to
undertake shipboard or special assignment duties, and periods of less than seven (7) days on shipboard or special
assignment duties will be pro-rated, provided that:
(a) such allowance shall not apply to Helicopter Pilots receiving Isolated Post Allowance or any other special
allowance for hardship and isolation,
and
(b) such allowance is in lieu of daily or weekly overtime, call-back, standby and all premium pay for work on days
of rest and designated holidays,
(c) the Special Assignment Allowance for helicopter operations applies to operations north of
fifty-five (55o) degrees latitude north,
(d) subject to operational requirements, as determined by the Employer, compensation earned under clause 45.01 may,
at the request of the Employer or the employee, and with reasonable notice, be granted in leave at time mutually
convenient,
(e) when a Helicopter Pilot on shipboard or special assignment works on a designated paid holiday he or she shall be
credited with one day of leave with pay in lieu of the holiday.
46.01
(a) Subject to clause (b) of this Article, Civil Aviation Inspectors shall be paid an Extra Duty
Allowance of $6,300 annualized.
(b) The requirements for eligibility to receive Extra Duty Allowance and the timing of payments shall
be the same as those contained in "Transport Canada Professional Currency Programs for Civil Aviation Inspectors" and
the "TSB Policy on CAI Professional Aviation Currency" and may be changed after consultation with the Union.
(c) Extra Duty Allowance shall form part of pay for purposes of the Public Service Superannuation
Act (PSSA), Disability Insurance Act (DI) and the Public Service Management Insurance Plan
(PSMIP).
47.01 Subject to the willingness and capacity of individual employees to
accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the
work force will be accomplished through attrition.
48.01 The Employer shall provide legal advice and
assistance to an employee who is required to appear at a coroner's inquest or judicial/magisterial inquiry, or who is a
party to or is required to attend as a witness at a civil or criminal legal action, arising out of the performance of
the employee's duties.
48.02 If the employee so desires, he or she may select legal counsel of
his or her choice, and the legal fees for such representation shall be borne by the employee. Where, in the opinion of
the Employer, a conflict of interest may exist, the Employer shall pay the legal fees for such representation, in
accordance with the schedule of fees established for agents of the Department of Justice.
**
49.01 The duration of this Collective Agreement shall be from the date it
is signed to January 25, 2001.
49.02 Unless otherwise expressly stipulated the provisions of this
Agreement shall become effective on the date it is signed.
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