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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships
between the Employer, the UTs and the Association, and to set forth herein certain terms and conditions of employment
upon which agreement has been reached through collective bargaining.
1.02 The parties are determined to establish, within the framework provided by law, an effective
working relationship.
1.03 The provisions of this Agreement apply to the Association, the UTs and the Employer.
1.04 In this Agreement, reference to one gender shall include the other.
2.01 For the purpose of this Agreement:
(a) "academic year" is the period from 1 July to 30 June of the next calendar year, or as otherwise
defined in the academic calendar;
(b) "Association" means the Canadian Military Colleges Faculty Association;
(c) "bargaining unit" means all the employees of the Employer in the University Teaching Group,
Scientific and Professional Category, as described in the certificate issued by the Public Service Staff Relations
Board on the 24th day of May 1991;
**
(d) "College" refers to the Royal Military College of Canada;
(e) "continuous employment" has the same meaning as specified in the Public Service Terms and
Conditions of Employment Regulations on the date of signing of this Agreement;
(f) "day of rest" in relation to a UT means a day, other than a designated paid holiday, on which
that UT is not ordinarily required to perform the duties of his or her position other than by reason of his or her
being on leave;
(g) "designated paid holiday" means the twenty-four (24) hour period commencing at 00:01 hour of a
day designated as a holiday in this Agreement;
(h) "employee" means a person so defined by the Public Service Staff Relations Act and who
is a member of the bargaining unit;
(i) "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;
(j) "lay-off" means termination of employment as defined in section 29 of the Public Service
Employment Act, as amended from time to time;
(k) "leave" means authorized absence from duty;
(l) "membership dues" means the dues established pursuant to the constitution and by-laws of the
Association as payable by its members as a consequence of their membership in the Association and shall not include any
initiation fee, insurance premium or special levy;
(m) "parties" refers to the Association and the Employer;
(n) "personnel file" of a UT shall include any file of material which is held by the Employer or
any supervisor of the UT and which can be used in assessment of or in a career development decision concerning that UT
or in a decision to impose discipline on a UT;
(o) "sabbatical leave" is an authorized period of leave without pay, but with an allowance in lieu
of salary, for a specified duration (normally twelve (12) months or less) during which time eligible UTs, while
remaining employees, shall be relieved of their normal teaching and administrative obligations as a means of providing
them with an opportunity to pursue research or other scholarly activities thereby improving their knowledge of a
particular discipline and enhancing their professional competence;
(p) "UT" means an employee as defined in (i).
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,
(a) if defined in the Public Service Staff Relations Act, have the same meaning as given to them in the
Public Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public Service Staff Relations
Act, have the same meaning as given to them in the Interpretation Act.
3.01 Both the English and French texts of this Agreement shall be official.
4.01 In the event that any law passed by Parliament, applying to Public Service employees covered
by this Agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement
shall remain in effect for the term of the Agreement.
General Definition
5.01 UTs have a right to academic freedom. Academic freedom does not confer legal immunity, nor
does it diminish the responsibility of UTs to fulfil their academic obligations. It is defined as the freedom,
individually or collectively, to pursue, to develop and to transmit knowledge through research, study, discussion,
documentation, production, creation, teaching, lecturing and writing, regardless of prescribed or official doctrine and
without constriction by institutional censorship. It includes:
The Freedom to Teach, and Its Responsibilities
5.02 UTs teaching courses have the right to the free expression of their views on the subject area,
and may use and refer to materials and their treatment thereof without reference or adherence to prescribed
doctrine.
In such circumstances, the UT is expected to cover topics according to the Calendar description, to remain up to
date in the knowledge of the discipline, treat students fairly and ethically, and teach effectively, which includes
using fair, reasoned and fact-based arguments and showing a willingness to accommodate the expression of differing
points of view.
The Freedom to Research, and Its Responsibilities
5.03 UTs have the freedom to carry out scholarly research within areas of their expertise without
reference or adherence to prescribed doctrine. This should not be interpreted to preclude or inhibit the ability of UTs
to develop new areas of expertise.
UTs are expected to meet established ethical guidelines for work with animal or human subjects, to deal fairly with
colleagues and students, to carry out their research in the spirit of an honest search for knowledge, and to base
findings upon a critical appraisal of available evidence and a reasoned analysis of its interpretation.
The Freedom to Publish, and Its Responsibilities
5.04 UTs have the right to publish the results of their research, without interference or
censorship by the institution, its agents, or others. This should not be interpreted as prohibiting the UT from
accepting restrictions upon publication as a condition of receiving support for the UT's research from a sponsor.
Researchers have a responsibility to report findings honestly and accurately, and to recognise appropriately the
contributions of others to the work they report.
Freedom of Expression, and Its Responsibilities
5.05 UTs have the right to freedom of expression.
UTs who are commenting in their areas of disciplinary expertise are bound by the same obligation to honest and
accurate scholarship which attends the right to publish research.
In the exercise of this right, UTs shall not create ambiguities as to whether they are speaking in a professional
capacity or as private citizens, nor shall they purport to speak on behalf of the College unless so authorized.
Academic Freedom and the Specific Mission of the CMC
5.06 The special mission of the College does not diminish the academic freedom of the UT.
Nonetheless, the special mission of the College makes its vulnerable to harm from misunderstandings which may arise
from public discussion or publication in areas which speak directly to that special mission. This places on the UT
embarking upon such public discussion or publication a somewhat greater responsibility for clarity than might attend
similar actions in areas not closely associated with the mission.
The College will be better placed to correct any public misunderstandings and to assure the academic freedom of the
UT, if both the College and the UT are in a position to anticipate the impact of the UT's discourse. To this end, UTs
are encouraged to advise the Principal in advance of any anticipated public discussion or publication which, in the
opinion of the UT, relates closely to the special mission of the College.
6.01 All the functions, rights, powers and authority which the Employer has not specifically
abridged, delegated or modified by this Agreement are recognised by the Association as being retained by the
Employer.
ARTICLE 7
OTHER RIGHTS, RESPONSIBILITIES AND PRIVILEGES
7.01 Nothing in this Agreement shall be construed to alter any rights, privileges, and
responsibilities of UTs, individually or collectively, to participate in the decision-making of the CMC and its
component parts where such rights, privileges and responsibilities are not inconsistent with the express terms of this
Agreement.
7.02 Nothing in this Agreement shall be construed to alter any rights of individual UTs where such
rights are not inconsistent with the express terms of this Agreement.
8.01 Where this Agreement is silent on working conditions, the conditions existing immediately
prior to the date of this Agreement shall continue to apply provided that:
(a) they are not inconsistent with the Agreement;
(b) they are reasonable, certain and known;
(c) they may be included in this Agreement in accordance with the Public Service Staff Relations Act;
and
(d) they are carried out in a fair and equitable manner.
8.02 The onus of establishing an existing practice within the meaning of 8.01 shall rest on the
party who alleges the existence of same.
9.01 There shall be no discrimination, interference, restriction, coercion, harassment,
intimidation or any disciplinary action exercised or practised with respect to a UT by reason of age, race, creed,
colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability,
membership or activity in the Association.
10.01 The Parties recognise the right of UTs to work in an environment free from harassment and
agree that harassment will not be tolerated in the work place. Harassment shall be defined in Appendix "A" of Treasury
Board's "Harassment in the Work Place Policy", as amended from time to time.
10.02 Any level in the grievance procedure shall be waived if a person hearing the grievance is the
subject of the complaint.
10.03 If by reason of 10.02 a level in the grievance procedure is waived, no other level shall be
waived except by mutual agreement.
11.01 Unless otherwise specified by the Employer as representing a conflict of interest, UTs shall
not be restricted from engaging in other employment outside the hours they are required to work for the Employer.
12.01 The standard hours of work are normally seven and one-half (7 1/2) hours per day;
thirty-seven and one-half (37 1/2) hours per week. Notwithstanding this, the nature of the work and the exigencies of
the service require flexibility in arrival and departure times and hours of work. A UT shall not be entitled to payment
for overtime (including work on a day of rest or on a holiday) or other conditions relating to hours of work, such as
call-back, standby, travel on a day of rest and travel on a holiday.
13.01 The teaching workload of a UT shall be consistent with the normal average teaching workload
of UTs in his/her academic department or equivalent unit. Teaching duties materially in excess of the appropriate
teaching workload shall be considered overload.
13.02 Assignments of teaching to a particular UT shall be consistent with his/her
qualifications.
13.03 The appropriate Head of department, as the delegate of the Employer, will normally assign
teaching workloads. A UT shall be consulted concerning such assignment prior to its making.
13.04 A UT will be advised of his/her teaching assignment for each academic term at least two
(2) months before the commencement of classes in that term, unless it is not possible to do so as a result of
circumstances that were not foreseen. Barring such circumstances, courses assigned after that time shall be considered
overload.
13.05 Where in a given academic year a UT is assigned overload teaching duties, his/her teaching
workload shall be reduced in one of the two (2) following years by an amount equivalent to that overload.
13.06 Teaching duties include, but are not limited to, conducting scheduled classes, seminars,
tutorials and laboratories, and supervising theses and special projects.
13.07 Factors to be used in determining appropriate teaching workload include, but are not limited
to, the following:
(a) the number of courses taught by each UT;
(b) the number of scheduled contact periods per course;
(c) the number of hours of preparation, grading, and administration per course;
(d) the number of students enrolled, on average, per course;
(e) the number of hours devoted to counselling students;
(f) the level (introductory, upper year, graduate, etc.) of each course;
(g) the type (lecture, seminar, etc.) of each course;
(h) assistance of graduate students or colleagues in the teaching of the UT's courses;
(i) additional hours of preparation required for a new course or revision of an existing course;
and
(j) the teaching of courses in both official languages.
13.08 Notwithstanding 13.01, the teaching workload of a UT may vary materially from the normal
average teaching workload of UTs in his/her academic department or equivalent unit due to the following factors:
(a) the number of hours devoted to administrative duties;
and
(b) the level of productive scholarly activity, it being understood that greater than normal involvement in
scholarly activity may not result in a reduction in teaching workload unless such reduction can be accommodated within
the resources accorded to the department.
13.09
(a) Department Heads shall not be required to teach more than the normal annual teaching workload of other UTs in
their department, less 2 one-term courses or equivalent.
(b) Service as Chairperson of an Academic program will be given due consideration as a factor in assigning teaching
workload,
13.10 Each UT shall have a continuous period of not less than three (3) months in every academic
year which is free of scheduled teaching duties.
14.01 A UT who is required by management to:
(a) work excessive hours;
and/or
(b) work or travel on a day of rest or on a holiday;
may be granted such leave with pay as the deputy head considers appropriate.
15.01
(a) The following days are paid holidays:
New Year's Day
Good Friday
Easter Monday
The day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday
Canada Day
Labour Day
The day fixed by proclamation of the Governor in Council as a general day of thanksgiving
Remembrance Day
Christmas Day
Boxing Day and
such additional days as are designated by the deputy head to be holidays in the locality in which a UT works.
(b) When a day designated as a paid holiday coincides with a UT's day of rest, the holiday shall be moved to the
UT's first working day following the day of rest.
(c) Where a UT works on a holiday, he or she may be granted management leave as provided in Article 14.
16.01 A UT is entitled, once in each fiscal year, to be informed upon request of the balance of his
or her vacation and sick leave credits.
16.02 The amount of leave with pay earned but unused credited to a UT by the Employer at the time
when this Agreement is signed, or at the time when the UT becomes subject to this Agreement, shall be retained by the
UT.
16.03 A UT shall not be granted two (2) different types of leave with pay or monetary remuneration
in lieu of leave in respect of the same period of time.
16.04 A UT who, on the day that this Agreement is signed, is entitled to receive furlough leave,
that is to say, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains his
or her entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force
on the day that this Agreement is signed.
16.05 A UT is not entitled to leave with pay during periods he or she is on leave without pay or
under suspension.
16.06 A UT who has been granted more vacation or sick leave with pay than has been earned, whose
services are terminated by lay-off or death, is considered to have earned the amount of leave with pay granted to him
or her.
16.07 A UT shall not earn leave credits under this Agreement in any month for which leave has
already been credited to him or her under the terms of any other collective agreement to which the Employer is a party
or under other rules or regulations of the Employer.
16.08 Except as otherwise specified in this Agreement and except for periods of Sabbatical
Leave:
(a) where leave without pay for a period in excess of three (3) months is granted to an UT, the total period of
leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating 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.
17.01 The vacation year shall be from April 1st to March 31st of the
following calendar year, inclusive.
Accumulation of Vacation Leave
17.02 A UT shall earn vacation leave credits at the following rate for each calendar month during
which the UT receives pay for at least ten (10) days:
**
(a) one and two-thirds (1 2/3) days until the month in which the anniversary of the UT's
sixteenth (16th) year of service occurs;
**
(b) One and ten-twelfth (1 10/12) days commencing with the month in which the anniversary of the
UT's sixteenth (16th) year of service occurs;
**
(c) one and eleven- twelfth (1 11/12) days commencing with the month in which the anniversary of the UT's
seventeenth (17th) year of service occurs;
**
(d) two and one-twelfth (2 1/12) days commencing with the month in which the UT's
eighteenth (18th) anniversary of service occurs;
**
(e) Notwithstanding (a), (b), (c), and (d) above, a UT who has a greater vacation leave entitlement on the date of
signing of this agreement shall retain the current entitlement rate.
17.03 For the purpose of clause 17.02 only, all service within the Public Service, whether
continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the Public
Service, takes or has taken severance pay. However, the above exception shall not apply to a UT who receives severance
pay on lay-off and is reappointed to the Public Service within one (1) year following the date of lay-off.
17.04 A UT is entitled to vacation leave with pay to the extent of the UT's earned credits but a UT
who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the
anticipated credits for the vacation year.
17.05
(a) Vacation leave will be taken at such time as the deputy head specifies. Deputy heads should encourage UTs to
take all of their vacation leave in the fiscal year in which it is earned.
(b) Carry-over
Where in any vacation year a UT has not taken all the vacation leave credited to him or her, the unused portion of
the UT's vacation leave shall be carried over into the following vacation year.
(c) Cash-out
During any vacation year, upon application by the UT and at the discretion of the Employer earned but unused
vacation leave credits will be paid in cash at the UT's daily rate of pay as calculated from the classification
prescribed in the UT's certificate of appointment of the UT's substantive position on March 31st.
Cash-outs are based on current base salary and do not include performance awards and bonuses.
17.06 Recall from Vacation Leave
(a) A UT who is recalled to duty from vacation leave or whose vacation leave is cancelled by management without
notice shall be reimbursed for reasonable expenses, as defined in the Travel Directive, that he or she incurs:
(i) in proceeding to his or her place of duty;
(ii) in returning to the place from which he or she was recalled if he or she immediately resumes vacation upon
completing the assignment for which he or she was recalled;
and
for any reasonable monetary penalty which results from cancellation of reservations, after submitting such expense
accounts as may be required.
(b) A UT shall not be considered as being on vacation leave during any period in respect of which he or she is
entitled under sub-clause 17.07(a) to be reimbursed for reasonable expenses he or she incurred.
17.07 Vacation Pay on Termination of Employment
(a) If a UT ceases to be employed or dies, the UT or the estate shall be paid, in lieu of the unused vacation leave
which has been earned, an amount which is equal to the product of the UT's current daily rate of pay as calculated from
the classification specified in his or her certificate of appointment, multiplied by the number of days of earned but
unused vacation and furlough leave with pay to his or her credit on the day the UT ceased to be employed or died.
(b) Notwithstanding sub-clause 17.07(a), a UT whose employment is terminated by reason of a declaration of
abandonment of position is entitled to receive the payment referred to in 17.07(a) if the UT requests it within a
period of three and one-half (3 1/2) years following the date upon which employment is terminated.
18.01 UT's shall be eligible for sabbatical leave in accordance with
the terms and conditions outlined herein.
18.02 Sabbatical leave is an authorized period of leave without pay with an allowance in lieu of
salary, that may be granted to UTs in accordance with the conditions, requirements and provisions detailed herein.
18.03 Purpose and Principles
Sabbatical leave, a feature of employment for UTs, is a period of leave for a specified duration of either six or
twelve months during which time eligible employees shall be relieved of their normal teaching and administrative
obligations as a means of providing them with an opportunity to pursue research or other scholarly activities.
18.04 Eligibility Criteria
(a) To be eligible for sabbatical leave, a UT must be employed on a full-time indeterminate basis.
(b) A UT applying for a six-month sabbatical leave period must have completed three years of service as a UT. A UT
applying for a twelve-month sabbatical leave period must have completed six years of service as a UT. An applicant may
be given credit for up to three years service at another university upon recommendation of the principal. However, no
UT may be granted sabbatical leave before having served three years of continuous service as a full-time UT.
(c) Applications for subsequent periods of sabbatical leave will normally require completion of six years
intervening service before being granted a twelve-month sabbatical or three years before being granted a six-month
sabbatical.
18.05 Selection Criteria
(a) Applications that meet the essential eligibility criteria requirements as noted above, and are submitted in
accordance with the requirements outlined in this agreement, will be considered for approval by a screening committee
designated by the Faculty Review Committee (FRC).
(b) The following criteria will be used in the screening and prioritization process:
(i) the relevance of the proposed professional development activity to the needs of the department;
(ii) the projected benefits to the professional development of the UT;
(iii) the merit of the sabbatical proposal in terms of its scope, planning, resource implication and potential for
success within the sabbatical period;
(iv) evidence of benefits derived from the applicant's previous sabbatical leave (if applicable);
(v) the applicant's performance assessments and evidence of scholarly potential/achievement during the period of
qualifying service; and
(vi) the operational and human resources management priorities of the College.
18.06 Duration
Sabbatical leave for periods of up to twelve months in duration will be considered for UT applicants meeting the
eligibility requirements for initial or subsequent sabbatical leave. Sabbatical leave periods will be of six months
duration (normally 01 July - 31 December or 01 January - 30 June), or twelve months duration (normally 01 July -
30 June).
18.07 Entitlement to Sabbatical Leave
Sabbatical leave may be granted at the discretion of the employer. Sabbatical leave shall not be unreasonably
denied. In the case where an application is denied, if requested by the applicant, the employer will provide written
reasons for the denial.
18.08 Employment Commitment
(a) A UT who is granted sabbatical leave is expected to return to service as a UT.
(b) As a condition of being granted sabbatical leave, UTs will be required to sign a written commitment, the Return
to Service Agreement for Sabbatical Leave, to return to the department for a period of employment equal to their period
of sabbatical leave. A UT who does not honour this commitment will be required to repay the monies paid to him or her
during the sabbatical leave or a portion thereof based on the number of months worked by the UT after returning from
sabbatical leave.
18.09 Allowance in Lieu of Salary
(a) Sabbaticants at the UT-2 or UT-3 level, who are granted a first sabbatical leave within ten (10) years of
joining the College, will be on leave without pay and may be granted an allowance in lieu of salary equal to 100% of
their annual rate of pay in effect at the commencement of the leave, except as provided for in (e) of this clause.
(b) Other sabbaticants will be on leave without pay and may be granted an allowance in lieu of salary equal to
82.5% of their annual rate of pay in effect at the commencement of the leave, except as provided for
in (e) of this clause.
(c) A sabbaticant's allowance in lieu of salary will be automatically adjusted, as applicable, to reflect any
economic revision to the University Teaching Group.
(d) Pay increments and promotion increases based on performance prior to the commencement of the sabbatical leave
will be implemented on the normal increment date, and the sabbaticant's allowance will be adjusted accordingly.
(e) During periods of sabbatical leave, UTs are not entitled to administrative allowances received for extra duties
performed during regular employment at one of the colleges. Such allowances may be reinstated effective the date of
return from the sabbatical leave on the authority of the principal.
18.10 Employment During Sabbatical
(a) Sabbaticants granted a leave of absence from regular duties to pursue the stated purpose of their research or
study, and granted an allowance in lieu of salary to assist them in this endeavour, may not accept remuneration
associated with their sabbatical leave project or assignment that in combination with their allowance would provide
them with remuneration in excess of 100 per cent of their normal annual salary from the department.
(b) Sabbaticants may not accept other professional commitments that might impede completion of the primary goals
stipulated in their approved sabbatical leave plan.
(c) If remunerated employment, or other significant activities not related to the primary purpose of the sabbatical
leave, are expected to be an integral part of a sabbaticant's perceived use of sabbatical leave, such intentions are to
be clearly identified and fully substantiated in the sabbatical leave application and will be considered during the
review/approval process.
(d) In the event that a sabbaticant's total remuneration related to the leave project is determined to exceed
100 per cent of normal salary, the department will reduce the allowance in lieu of salary as appropriate and may
request repayment of all or a portion of the allowance if subsequent evidence indicates that the sabbaticant has not
complied with the intent of the restriction pertaining to external remuneration.
18.11 Financial Assistance
(a) Financial assistance in the form of grants, awards, scholarships, to support their sabbatical research will not
be taken into consideration in determining the departmental allowance in lieu of salary to be granted to a sabbaticant
provided that such assistance does not constitute personal remuneration.
(b) Sabbaticants are required to identify and report on the sources and the allocation of the funding for all
financial assistance received in support of their sabbatical research.
18.12 Employee Benefits While on Sabbatical Leave
While on sabbatical leave, UTs do not accrue sick or annual leave.
18.13 Application and Approval Process
(a) The employer may defer a requested sabbatical leave in the event that the UT's services are required for the
period of time planned for the leave. Such deferral shall be counted towards an application for a subsequent leave.
(b) Where an application meets the criteria for approval but the leave is denied due to financial constraints, the
application will be given first priority the following year.
(c) A UT may cancel application for sabbatical leave by notifying the principal in writing at least four months
prior to commencement of the leave, or later, at the discretion of the principal.
Credits
19.01 A UT shall earn sick leave credits at the rate of one and one-quarter (1 1/4) days for each
calendar month for which he or she receives pay for at least ten (10) days.
Granting of Sick Leave
19.02 A UT shall be granted sick leave with pay when he or she is unable to perform his or her
duties because of illness or injury provided that:
(a) the UT satisfies the Employer of this condition in such manner and at such time as may be determined by the
Employer;
and
(b) the UT has the necessary sick leave credits.
19.03 Unless a medical certificate is required by the deputy head, a statement signed by the UT
stating that because of illness or injury he or she was unable to perform his or her duties shall, when delivered to
the Employer, be considered as meeting the requirements of sub-clause 19.02(a).
19.04 A UT who has insufficient sick leave credits to cover the granting of sick leave with pay
during the entire period of illness may be granted, at the discretion of the deputy head, a repayable advance of sick
leave credits of up to thirteen (13) weeks.
Court Leave
20.01 The Employer shall grant leave with pay to a UT for the period of time he or she is
required:
(a) to be available for jury selection;
(b) to serve on a jury;
and
(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 other than in
the performance of the duties of the UT's 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.
Injury-on-Duty Leave
20.02 A UT 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 Workers' Compensation authority has notified the Employer that it has certified that the UT is unable to work
because of:
(a) personal injury accidentally received in the performance of his or her duties and not caused by the UT's wilful
misconduct;
(b) an industrial illness or a disease arising out of and in the course of the UT's employment;
and
if the UT agrees to remit to the Receiver General of Canada any amount received by him or her 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 UT or the UT's agent has paid the premium.
Personnel Selection Leave
20.03 Where a UT participates in a personnel selection process, including the appeal process where
applicable, for a position in the Public Service as defined in the Public Service Staff Relations Act, the UT
is entitled to leave with pay for the period during which the UT's presence is required for purposes of the selection
process and for such further period as the Employer considers reasonable for the UT to travel to and from the place
where his or her presence is so required.
Special Leave
20.04 At the discretion of the deputy head, a UT may be granted leave with pay under the following
circumstances:
(a) where there is illness or death in the UT's family;
(b) where he or she is to be married;
(c) where circumstances not directly attributable to the UT prevent him or her from reporting for duty;
and
(d) on the occasion of the birth of his or her child.
Other Leave
20.05 A deputy head may grant leave with pay for a period not in excess of two (2) weeks to a UT
who is not on leave where:
(a) the place of work has been rendered uninhabitable and the UT cannot perform his or her duties until an
alternative working place is found;
or
(b) he or she is required or urgently needed to assist in meeting a community emergency.
20.06 Leave with pay may be granted by a deputy head to a UT to take a course in civil defence
training if:
(a) no such training is available in his or her locality after regular working hours;
and
(b) the UT has not been required by the deputy head to take the course for purposes of Public Service civil
defence.
20.07 A deputy head may grant a UT leave with pay for any period in which the services of that UT
are required by:
(a) a commission established pursuant to the Inquiries Act;
(b) an Industrial Inquiry Commission established pursuant to Part I of the Canada Labour Code;
or
(c) an international organization of which the Government of Canada is a member.
ARTICLE 21
EDUCATION LEAVE WITHOUT PAY
AND CAREER DEVELOPMENT LEAVE
Education Leave Without Pay
21.01 The Employer recognises the usefulness of education leave. Upon written application by the UT
and with the approval of the Employer, a UT may be granted education leave without pay for varying periods of up to one
(1) year, which can be renewed by mutual agreement to attend a recognised institution for studies in some field of
education in which preparation is needed to fill the UT's 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.
21.02 At the Employer's discretion, a UT 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 the UT's annual rate of pay, depending
on the degree to which the education leave is deemed by the Employer to be relevant to organisational requirements. If
the UT 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.
21.03 Allowances already being received by the UT may at the discretion of the Employer be
continued during the period of the education leave. The UT shall be notified when the leave is approved whether such
allowances are to be continued in whole or in part.
21.04 As a condition of the granting of education leave without pay, a UT 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 UT:
(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 UT 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.
Career Development Leave With Pay
21.05
(a) Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to
the UT 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 recognised academic institution;
or
(iii) a seminar, convention or study session in a specialized field directly related to the UT's work.
(b) Upon written application by the UT, 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 21.05(a) above. The UT shall receive no compensation
under the Management Leave provisions of this Agreement during time spent on career development leave provided for in
this clause.
(c) UTs on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by
them which the Employer may deem appropriate.
Examination Leave With Pay
21.06 At the Employer's discretion, examination leave with pay may be granted to a UT for the
purpose of writing an examination which takes place during the UT's scheduled hours of work. Such leave will only be
granted where, in the opinion of the Employer, the course of study is directly related to the UT's duties or will
improve his or her qualifications.
22.01 Maternity Leave without Pay
(a) A UT 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 paragraph (a):
(i) where the UT has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
or
(ii) where the UT 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 paragraph (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 UT was not on maternity leave, to a maximum of seventeen (17) weeks.
(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination
date of pregnancy.
(d) The Employer may require a UT to submit a medical certificate certifying pregnancy.
(e) A UT 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 Article 19, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in
Article 19, Sick Leave With Pay, shall include medical disability related to pregnancy.
(f) A UT 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 "service" for the purpose of calculating vacation leave. Time spent on such leave
shall be counted for pay increment purposes.
22.02 Maternity Allowance
(a) A UT 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 paragraph (c) to (i), 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 beworked as specified in (B)] |
however, a UT 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 UT'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 a UT 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 UT 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 UT's request, the payment referred to in subparagraph 22.02(c)(i) will be estimated and advanced to the
UT. Adjustments will be made once the UT provides proof of receipt of Employment Insurance pregnancy benefits.
(e) The maternity allowance to which a UT is entitled is limited to that provided in paragraph (c) and a UT 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 paragraph (c) shall be:
(i) for a full-time UT, the UT's weekly rate of pay on the day immediately preceding the commencement of maternity
leave without pay,
(ii) for a UT 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 subparagraph (i) by the fraction obtained by dividing the UT's straight time earnings by the straight time
earnings the UT would have earned working full-time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the UT is entitled for her
substantive level to which she is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the
commencement of maternity leave without pay a UT 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 a UT 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 a UT's deferred
remuneration or severance pay.
22.03 Special Maternity Allowance for Totally Disabled UTs
(a) A UT who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 22.02(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 paragraph 22.02(a), other than those specified
in sections (A) and (B) of subparagraph 22.02(a)(iii),
shall be paid, in respect of each week of maternity allowance not received for the reason described in
subparagraph (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) A UT shall be paid an allowance under this clause and under clause 22.02 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 subparagraph (a)(i).
22.04 Parental Leave Without Pay
(a) Where a UT 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 UT 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 UT's care.
(b) Where a UT 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 UT 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 UT's care.
(c) Notwithstanding paragraphs (a) and (b):
(i) where the UT's child is hospitalized within the period defined in the above paragraphs, and the UT has not yet
proceeded on parental leave without pay,
or
(ii) where the UT 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 UT 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 UT's
care.
(d) A UT 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 UT's child (including the child of a common-law spouse), or the date
the child is expected to come into the UT's care pursuant to paragraphs (a) and (b).
(e) The Employer may:
(i) defer the commencement of parental leave without pay at the request of the UT;
(ii) grant the UT parental leave without pay with less than four (4) weeks' notice;
(iii) require a UT 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 paragraph, 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 "service" for the purpose of calculating vacation leave. Time spent on such leave shall
count for pay increment purposes.
22.05 Parental Allowance
(a) A UT 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 paragraphs (c) to (i), 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 UT 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 UT will work for a period equal to the
period the UT was in receipt of the parental allowance, in addition to the period of time referred to in
section 22.02(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, a UT 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 UT'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 a UT 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 subparagraph (iii) below, for each week in respect of which the UT 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 UT 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 subparagraph (ii)
will be extended by the number of weeks of extended benefits which the UT receives under Subsection 12(7) of the
EI Act.
(d) At the UT's request, the payment referred to in subparagraph 22.06(c)(i) will be estimated and advanced to the
UT. Adjustments will be made once the UT provides proof of receipt of EI parental benefits.
(e) The parental allowance to which a UT is entitled is limited to that provided in paragraph (c) and a UT 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 paragraph (c) shall be:
(i) for a full-time UT, the UT's weekly rate of pay on the day immediately preceding the commencement of maternity
or parental leave without pay;
(ii) for a UT 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 subparagraph (i) by the fraction obtained by dividing the UT's straight time
earnings by the straight time earnings the UT would have earned working full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the UT is entitled for the
substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the
commencement of parental leave without pay a UT is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate the UT was being paid on that day.
(i) Where a UT 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 a UT's deferred
remuneration or severance pay.
22.06 Special Parental Allowance for Totally Disabled UTs
(a) A UT who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 22.06(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 UT from receiving Employment Insurance parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 22.06(a), other than those specified
in sections (A) and (B) of subparagraph 22.06(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason
described in subparagraph (i), the difference between ninety-three per cent (93%) of the UT'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) A UT shall be paid an allowance under this clause and under clause 22.06 for a combined period of no more than
the number of weeks during which the UT would have been eligible for parental benefits pursuant to Section 23 of the
Employment Insurance Act, had the UT not been disqualified from Employment Insurance parental benefits for the
reasons described in subparagraph (a)(i).
23.01 Leave for the Care and Nurturing of Pre-school Age Children
Subject to operational requirements, a UT shall be granted leave without pay for the personal care and nurturing of
the UT's pre-school age children in accordance with the following conditions:
(a) a UT 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 an urgent or unforeseeable circumstance such notice
cannot be given;
(b) leave granted under this clause shall be for a minimum period of six (6) weeks;
(c) the total leave granted under this clause shall not exceed five (5) years during a UT's total period of
employment in the Public Service;
(d) leave granted under this clause for a period of more than three (3) months shall be deducted from the
calculation of "continuous employment" for the purposes of calculating severance pay and from the calculation of
"service" for the purposes of calculating vacation leave;
and
(e) time spent on such leave shall not be counted for pay increment purposes.
23.02 Leave for Personal Needs
Leave without pay will be granted for personal needs in the following manner:
(a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to
a UT for personal needs;
(b) subject to operational requirements, leave without pay for more than three (3) months but not exceeding one
(1) year will be granted to a UT for personal needs;
(c) a UT is entitled to leave without pay for personal needs only once (1) under each of (a) and (b) of this clause
during the UT'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 as "continuous employment" for the purpose
of calculating severance pay and as "service" for the purpose of calculating vacation leave. Time spent on such leave
shall not be counted for pay increment purposes;
and
(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 from "service" for the purpose of calculating vacation
leave for the UT involved. Time spent on such leave shall not be counted for pay increment purposes.
23.03 Leave for Relocation of Spouse
(a) At the request of a UT, leave without pay for a period of up to one (1) year shall be granted to a UT whose
spouse is permanently relocated and up to five (5) years to a UT 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 from "service" for the purpose of calculating vacation leave for the
UT 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.
23.04 Leave for Service or Political Office
A UT may request leave without pay in order to:
(a) fulfil duties assumed as a member of the Canadian Armed Forces Reserves;
and/or
(b) be a candidate for political office in municipal government, or to assume the duties of such an office.
Such leave shall not unreasonably be denied. In making its decision, the Employer shall take into consideration the
duration and timing of the leave requested and the operational needs of the College.
(c) 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 from "service" for the purpose of calculating vacation
leave for the UT involved. Time spent on such leave shall not be counted for pay increment purposes.
24.01 UTs shall be granted a pedagogical break which will include all calendar days between
December 25 and January 2, inclusively. During this period, UTs are entitled to four (4) days of leave with pay, in
addition to three (3) holidays, as provided for under Article 15 of this Agreement.
24.02 Should January 2 coincide with a UT's day of rest or with a day to which a designated paid
holiday has been moved, this day shall be moved to the UT's first (1st) scheduled working day following the
pedagogical break.
**
25.01 The Employer recognises the Association as the exclusive bargaining agent for all employees
described in the certificate issued by the Public Service Staff Relations Board on the twenty-fourth day of May, 1991,
covering employees of the Employer in the University Teaching Group.
25.02 The Employer recognises that it is a proper function and a right of the Association to
bargain with a view to arriving at a collective agreement and the Employer and the Association agree to bargain in good
faith, in accordance with the provisions of the Public Service Staff Relations Act.
26.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will
consult on matters of mutual interest.
26.02 The subjects that may be determined as appropriate for joint consultation will be by mutual
agreement of the parties. Consultation will be at the college or national level as determined by the parties.
26.03 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.
26.04 Joint consultation committees shall be composed of mutually agreed numbers of UTs and
Employer representatives who shall meet at mutually satisfactory times.
26.05 Joint consultation committee meetings shall ordinarily be held on the Employer's premises
during working hours. Normally the meetings will be held at the request of either party. Representatives of the parties
will normally exchange a written agenda for the meeting not less than five (5) calendar days in advance of each
meeting.
26.06 Joint consultation committees are prohibited from agreeing to items which would alter any
provision of this Agreement.
Access by an Association Representative
27.01 An accredited representative of the Association and of the Canadian Association of University
Teachers or the Collective Bargaining Co-operative may be permitted access to the Employer's premises on stated
Association business and to attend meetings called by management. Permission to enter the premises shall be obtained
from the Employer. The Association shall provide the Employer with a list of such representatives and shall advise
promptly of any change made to the list.
Bulletin Boards
27.02 Reasonable space on bulletin boards will be made available to the bargaining agent for the
posting of official notices, in convenient locations as determined by the Employer and the Association. Notices or
other material shall require the prior approval of the Employer, except notices relating to the business affairs of the
Association and social and recreational events. Such approval shall not be unreasonably withheld. The Employer shall
have the right to refuse the posting of any information which it considers adverse to its interests or to the interests
of any of its representatives.
Association Literature
27.03 The Employer will make available to the Association a specific location on its premises for
the storage and placement of a reasonable quantity of Association files and literature.
28.01 The Employer will as a condition of employment deduct an amount equal to the amount of the
membership dues from the monthly pay of all UTs in the bargaining unit.
28.02 The Association shall inform the Employer in writing of the authorized monthly deduction to
be checked off for each UT defined in clause 28.01.
28.03 For the purpose of applying clause 28.01, deductions from pay for each UT in respect of each
month will start with the first (1st) full month of employment to the extent that earnings are
available.
28.04 A UT 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 UT is countersigned by an official representative of the religious
organization involved. A copy of the affidavit will be provided to the Association.
28.05 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 UTs in the bargaining unit.
28.06 The amounts deducted in accordance with clause 28.01 shall be remitted to the Association by
cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying
each UT and the deductions made on his or her behalf.
28.07 The Employer agrees to continue the past practice of making deductions for other purposes on
the basis of the production of appropriate documentation.
28.08 The Association agrees to indemnify and save the Employer harmless against any claim or
liability arising out of the application of this Article, except for any claim or liability arising out of an error
committed by the Employer, in which case the liability shall be limited to the amount of the error.
28.09 When it is mutually acknowledged that an error has been committed, the Employer shall
endeavour to correct such error within the two (2) pay periods following the acknowledgement of error.
28.10 Where a UT does not have sufficient earnings in respect of any month to permit deductions
under this Article the Employer shall not be obligated to make such deductions for that month from subsequent
salary.
29.01 The Employer acknowledges the right of the Association to appoint representatives from among
the members of the bargaining unit.
29.02 The Employer and the Association shall, by mutual agreement, determine the number of
representatives entitled to time off or leave under this Article or Article 33, Leave for Staff Relations Matters.
29.03 The Association shall inform the Employer promptly and in writing of the names, titles and
functions of its representatives and of any subsequent changes.
Leave for Representatives
29.04 Operational requirements permitting, the Employer shall grant leave with pay to a UT to
enable him or her to carry out his or her functions as a representative on the Employer's premises. When the discharge
of these functions require a UT who is a representative to leave his or her normal place of work, upon return the UT
shall report to his or her supervisor whenever practicable.
**
30.01 The Employer agrees to supply the Association biannually with a list of all UTs in the
bargaining unit. The list referred to herein shall include each UT's name; faculty department; classification level and
appointment date; employment status (full time or part time); and work address. The list shall be provided on or before
the 15th of February and the 15th of October each year. The Employer agrees to provide any
amendments to the above as soon as possible.
30.02 The Employer agrees to supply each UT with a copy of the Collective Agreement and any
amendments thereto.
30.03 Upon the written request of a UT, the Employer shall make available at a mutually
satisfactory time National Joint Council agreements which have a direct bearing on the requesting UT's terms and
conditions of employment.
31.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded
by the National Joint Council of the Public Service on items which may be included in a collective agreement and which
the parties to this Agreement have endorsed, the grievance procedure will be in accordance with Section 14 of the NJC
By-Laws.
31.02 The parties recognise the value of informal discussion between UTs and their supervisors to
the end that problems might be resolved without recourse to a formal grievance. When a UT, within the time limits
prescribed in clause 31.09, gives written notice of intent to take advantage of this clause, it is agreed that the
period between the initial notice and the final written response shall not count as elapsed time for the purpose of
grievance time limits.
31.03 A UT who wishes to present a grievance at any prescribed step in the grievance procedure
shall transmit this grievance to the immediate supervisor or official designated under clause 31.07 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 UT with a receipt stating the date on which the grievance was received.
31.04 A grievance of a UT 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.
31.05 Subject to and as provided in Section 91 of the Public Service Staff Relations Act,
a UT who feels unjustly treated or 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 31.03,
except:
(a) where there is another administrative procedure provided by or under any act of Parliament to deal with the
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 UT is not entitled to present the grievance without the approval and representation of the Association.
31.06 There shall be no more than a maximum of four (4) steps in the grievance procedure. These
steps shall be as follows:
(a) Step 1 - first level of management;
(b) Steps 2 and 3 where such intermediate step(s) are established;
(c) Final Step - deputy head or authorized representative.
31.07 The Employer shall designate a representative at each step in the grievance procedure and
shall inform each UT 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 other official to whom a grievance is to be presented.
This information shall be communicated to UTs by means of notices posted by the Employer in places where such
notices are most likely to come to the attention of UTs to whom the grievance procedure applies, or otherwise as
determined by agreement between the Employer and the Association.
31.08 If so desired, a UT may be assisted and/or represented by the Association when presenting a
grievance at any step. The Association shall have the right to consult with the Employer with respect to a grievance at
each or any step of the grievance procedure.
31.09 A UT may present a grievance at the first step of the procedure in the manner prescribed in
clause 31.03, not later than the twenty-fifth (25th) day after the date on which the UT is notified orally
or in writing or first becomes aware of the action or circumstances giving rise to the grievance.
31.10 A UT may present a grievance at each succeeding step in the grievance procedure beyond the
first (1st) step either:
(a) where the decision or settlement is not satisfactory, within ten (10) days after that decision or settlement has
been conveyed in writing by the Employer;
or
(b) where the Employer has not conveyed a decision within the time prescribed in clause 31.11, within fifteen
(15) days after the presentation of the grievance at the previous step.
31.11 The Employer shall normally reply to a UT's grievance at any step of the grievance procedure,
except the final step, within ten (10) days after the grievance is presented and within twenty (20) days if the
grievance is presented at the final step.
31.12 Where a UT has been represented by the Association in the presentation of a grievance, the
Employer will provide the appropriate representative of the Association 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 UT.
31.13 Where a grievance has been presented up to and including the final step in the grievance
process and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the
final step in the grievance process is final and binding and no further action may be taken under the Public
Service Staff Relations Act.
31.14 In determining the time within which any action is to be taken as prescribed in this
procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
31.15 Where the provisions of clause 31.03 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. 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. The time limit within which the grievor may present the 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.
31.16 The time limits stipulated in this procedure may be extended by mutual agreement between the
Employer and the UT and where appropriate the Association representative, except as provided in clause 31.18.
31.17 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 UT and, where applicable, the Association.
31.18 Where the Employer demotes or terminates the employment of a UT 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 twenty (20) day time limit within which the Employer is to reply at the final step may be extended to a
maximum of forty (40) days by mutual agreement of the UT, the Employer and, where applicable, the appropriate
representative of the Association.
31.19 A UT may by written notice to his immediate supervisor or designated official abandon a
grievance.
31.20 A UT 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 UT's control, compliance
within the prescribed time limits was not possible.
31.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat
to cause a UT to abandon a grievance or refrain from exercising the right to present a grievance as provided in this
Collective Agreement.
31.22 Where a UT 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 UT of a provision of this Collective Agreement or related
Arbitral Award;
or
(b) disciplinary action resulting in suspension or a financial penalty;
or
(c) demotion or termination of employment for cause pursuant to paragraphs 11(2)(f) or (g) and 11(4) of the
Financial Administration Act;
and the grievance has not been dealt with to the UT's satisfaction, the grievance may be referred to adjudication in
accordance with the provisions of the Public Service Staff Relations Act and Regulations.
31.23 Where a grievance that may be presented by a UT to adjudication is a grievance relating to
the interpretation or application in respect of the UT of a provision of this Agreement or an Arbitral Award, the UT 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 UT in the adjudication proceedings.
32.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items which
may be included in a collective agreement, and which the parties to this Agreement have endorsed after December 6,
1978, will form part of this Collective Agreement, subject to the Public Service Staff Relations Act (PSSRA)
and any legislation by Parliament that has been or may be established pursuant to any act specified in Schedule III of
the PSSRA.
32.02 The NJC items which may be included in a collective agreement are those items which parties
to the NJC agreements have designated as such or upon which the chairman of the Public Service Staff Relations Board
has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6,
1978.
32.03 The following directives, policies or regulations, as amended from time to time by National
Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Collective
Agreement:
(1) Foreign Service Directives
(2) Travel Policy
(3) Withdrawal from Work in Imminent Danger Policy and Procedures
(4) Isolated Posts Directive
(5) Clothing Policy
(6) Living Accommodation Charges Policy
(7) First Aid to the General Public - Allowance for Employees
(8) Memorandum of Understanding on the Definition of the Word "Spouse"
(9) Relocation Policy
(10) Commuting Assistance Policy
(11) Bilingualism Bonus Policy
(12) Work Force Adjustment Policy
Health/Safety Standards (13 to 28)
(13) Boilers and Pressure Vessels
(14) Dangerous Substances
(15) Electrical
(16) Elevating Devices
(17) First Aid
(18) Hand Tools and Portable Power Tools
(19) Hazardous Confined Spaces
(20) Machine Guarding
(21) Materials Handling
(22) Motor Vehicle Operations
(23) Noise Control and Hearing Conservation
(24) Personal Protective Equipment
(25) Pesticides
(26) Elevated Work Structures
(27) Use and Occupancy of Buildings
(28) Sanitation
(29) Public Service Health Care Plan (PSHCP).
During the term of this Collective Agreement, other directives, policies or regulations may be added to the above
noted list.
Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 31.01
of the Article on grievance procedure in this Collective Agreement.
Complaints Made to the Public Service Staff Relations Board Pursuant to Section 23 of the Public Service Staff
Relations Act
33.01 When operational requirements permit, the Employer will grant leave with pay:
(a) to a UT who makes a complaint on his or her own behalf before the Public Service Staff Relations Board;
and
(b) to a UT who acts on behalf of a UT making a complaint, or who acts on behalf of the Association making a
complaint.
Applications for Certification, Representations and Interventions With Respect to Applications for
Certification
33.02 Where operational requirements permit, the Employer will grant leave without pay:
(a) to a UT who represents the Association in an application for certification or in an intervention;
and
(b) to a UT who makes personal representations with respect to a certification.
UT Called as a Witness
33.03 The Employer will grant leave with pay:
(a) to a UT called as a witness by the Public Service Staff Relations Board;
and
(b) where operational requirements permit, to a UT called as a witness by a UT or the Association.
Arbitration Board and Conciliation Board Hearings
33.04 Where operational requirements permit, the Employer will grant leave with pay to a UT
representing the Association before an arbitration board or conciliation board.
UT Called as a Witness
33.05 The Employer will grant leave with pay to a UT called as a witness by an arbitration board or
conciliation board and, where operational requirements permit, leave with pay to a UT called as a witness by the
Association.
Adjudication
33.06 Where operational requirements permit, the Employer will grant leave with pay to a UT who
is:
(a) a party to an adjudication;
(b) the representative of a UT who is a party to an adjudication;
or
(c) a witness called by a UT who is party to an adjudication.
Meetings During the Grievance Process
UT Presenting Grievance
33.07 Where operational requirements permit, the Employer will grant to a UT:
(a) where the Employer originates a meeting with the UT who has presented the grievance, leave with pay when the
meeting is held in the headquarters area of such UT and on duty status when the meeting is held outside the
headquarters area of such UT;
and
(b) where a UT who has presented a grievance seeks to meet with the Employer, leave with pay to the UT when the
meeting is held in the headquarters area of such UT and leave without pay when the meeting is held outside the
headquarters area of such UT.
UT Who Acts as Representative
33.08 Where a UT wishes to represent at a meeting with the Employer a UT who has presented a
grievance, the Employer will, where operational requirements permit, grant leave with pay to the representative when
the meeting is held in the headquarters area of such UT and leave without pay when the meeting is held outside the
headquarters area of such UT.
Grievance Investigations
33.09 Where a UT has asked or is obliged to be represented by the Association in relation to the
presentation of a grievance and a UT acting on behalf of the Association wishes to discuss the grievance with that UT,
the UT and the representative of the UT will, where operational requirements permit, be given reasonable leave with pay
for this purpose when the discussion takes place in the headquarters area of such UT and leave without pay when it
takes place outside the headquarters area of such UT.
Contract Negotiations Meetings
33.10 Where operational requirements permit, the Employer will grant leave without pay to a UT for
the purpose of attending contract negotiations meetings on behalf of the Association.
Preparatory Contract Negotiations Meetings
33.11 Where operational requirements permit, the Employer will grant leave without pay to a UT to
attend preparatory contract negotiations meetings.
Meetings Between the Association and Management
33.12 Where operational requirements permit, the Employer will grant leave with pay to a UT to
attend meetings with management on behalf of the Association.
Association Executive Meetings and Conventions
33.13 Where operational requirements permit, the Employer will grant leave without pay to a UT to
attend executive meetings and conventions of the Association.
Representatives Training Courses
33.14 Where operational requirements permit, the Employer will grant leave without pay to UTs
appointed as representatives by the Association, to undertake training sponsored by the Association related to the
duties of a representative.
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