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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.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 Alliance and the employees and to set forth herein certain terms and conditions of employment upon
which agreement has been reached through collective bargaining.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada and
to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well
and efficiently served. Accordingly, they are determined to establish, within the framework provided by law, an
effective working relationship at all levels of the Public Service in which members of the bargaining units are
employed.
Exceptions
Refer to the appropriate Appendix for group specific alternate or additional interpretations or definitions.
2.01 For the purpose of this Agreement:
(a) "Alliance" means the Public Service Alliance of Canada (Alliance);
(b) "allowance" means compensation payable for the performance of special or additional duties;
(indemnité);
(c) "alternate provision" means a provision of this Agreement that has application to certain specific
employees (disposition de dérogation);
(d) "bargaining unit" means the employees of the Employer in the group described in Article 9 (unité de
négociation);
(e) a "common-law spouse" relationship exists when, for a continuous period of at least one (1) year, an
employee has lived with a person, publicly represented that person to be his/her spouse and continues to live with the
person as if that person were his/her spouse (conjoint de fait);
Definition (f) does not apply to the LI Group
(f) "compensatory leave" means leave with pay in lieu of cash payment for overtime or travelling time
compensated at overtime rate. The duration of such leave will be equal to the time compensated or the minimum time
entitlement, multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such
leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the
employee's certificate of appointment on the day immediately prior to the day on which leave is taken (congé
compensateur);
(g) "continuous employment" has the same meaning as specified in the existing Public Service Terms and
Conditions of Employment Regulations of the Employer on the date of signing of this Agreement (emploi continu);
(h) "day of rest" in relation to a full-time employee means a day other than a holiday on which that employee
is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on
leave or absent from duty without permission (jour de repos);
(i) "double time" means two (2) times the employee's hourly rate of pay (tarif double);
(j) "employee" means a person so defined in the Public Service Staff Relations Act and who is a member
of the bargaining unit specified in Article 9 (employé-e);
(k) "Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any
person authorised to exercise the authority of the Treasury Board (Employeur);
(l) "excluded provision" means a provision of this Agreement which has no application to certain specific
employees and for which there are no alternate provisions (disposition exclue);
Definition (m) does not apply to LI Group
(m) "holiday" means (jour férié),
(i) the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in
this Agreement;
(ii) however, for the purpose of administration of a shift that does not commence and end on the same day, such
shift shall be deemed to have been entirely worked:
(A) on the day it commenced where half (1/2) or more of the hours worked fall on that day,
or
(B) on the day it terminates where more than half (1/2) of the hours worked fall on that day;
(n) "lay-off" means the termination of an employee's employment because of lack of work or because of the
discontinuance of a function (mise en disponibilité);
(o) "leave" means authorised absence from duty by an employee during his or her regular or normal hours of
work (congé);
(p) "membership dues" means the dues established pursuant to the constitution of the Alliance as the dues
payable by its members as a consequence of their membership in the Alliance, and shall not include any initiation fee,
insurance premium, or special levy (cotisations syndicales);
(q) "overtime" means (heures supplémentaires):
(i) in the case of a full-time employee, authorised work in excess of the employee's scheduled hours of work;
or
(ii) in the case of a part-time employee, authorised work in excess of the normal daily or weekly hours of work of a
full-time employee specified by the relevant Group Specific Appendix but does not include time worked on a holiday;
(r) "spouse" will, when required, be interpreted to include "common-law spouse" except, for the purposes of
the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign
Service Directive (conjoint);
(s) "straight-time rate" means the employee's hourly rate of pay (tarif normal);
(t) "time and one-half" means one and one-half (1 1/2) times the employee's hourly rate of pay (tarif et
demi);
(u) "time and three-quarters" means one and three-quarters (1 3/4) times the employee's hourly rate of pay
(tarif et trois quarts).
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 The provisions of this Agreement apply to the Alliance, employees and the Employer.
3.02 Both the English and French texts of this Agreement shall be official.
4.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing
anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
5.01 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.
6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged
with managerial responsibilities in the Public Service.
7.01 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 Agreement, subject to the Public Service Staff Relations Act (PSSRA) and any legislation by
Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Schedule II of the
PSSRA.
7.02 The 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 Chairperson 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.
7.03
(a) The following directives, 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 Agreement:
Bilingualism Bonus Directive
Commuting Assistance Directive
Foreign Service Directives
Isolated Posts Directive
Living Accommodation Charges Directive
Relocation Directive
Travel Directive
Uniforms Directive
**
Public Service Health Care Plan (PSHCP)
Health / Safety
Boiler and Pressure Vessels Directive
Committees and Representatives Directive
Dangerous Substances Directive
Electrical Directive
Elevated Work Structures Directive
Elevating Devices Directive
First-Aid Allowance Directive
First-Aid Safety and Health Directive
Hazardous Confined Spaces Directive
Material Handling Directive
Motor Vehicle Operations Directive
Noise Control and Hearing Conservation Directive
Personal Protective Equipment and Clothing Directive
Pesticides Directive
Refusal to Work Directive
Sanitation Directive
Tools and Machinery Directive
Use and Occupancy of Buildings Directive.
(b) During the term of this Agreement, other directives may be added to the above noted list.
7.04 Grievances in regard to the above directives shall be filed in accordance with clause 18.01 of the
Article on grievance procedure in this Agreement.
8.01 The Dental Care plan as contained in the Master Agreement between the Treasury Board and the Public
Service Alliance of Canada, with an expiry date of June 30, 1988, and subsequently amended on March 10, 1988,
December 12, 1991, November 26, 1993, April 2, 1996, January 15, 1997, March 11, 1998 and February 11, 2000 shall be
deemed to form part of this Agreement.
9.01 The Employer recognizes the Alliance as the exclusive bargaining agent for all employees of the Employer
described in the certificate issued by the Public Service Staff Relations Board on June 16, 1999 covering employees of
the Operational Services Group.
10.01 The Employer agrees to supply the Alliance each quarter with the name, geographic location and
classification of each new employee.
10.02 The Employer agrees to supply each employee with a copy of this Agreement and will endeavour to do so
within one (1) month after receipt from the printer.
11.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an
amount equal to the monthly membership dues from the monthly pay of all employees in the bargaining unit. Where an
employee does not have sufficient earnings in respect of any month to permit deductions made under this Article, the
Employer shall not be obligated to make such deduction from subsequent salary.
11.02 The Alliance shall inform the Employer in writing of the authorized monthly deduction to be checked off
for each employee.
11.03 For the purpose of applying clause 11.01, deductions from pay for each employee in respect of each
calendar month will start with the first (1st) full calendar month of employment to the extent that earnings
are available.
11.04 An employee who satisfies the Employer to the extent that he or she declares in an affidavit that he or
she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making
financial contributions to an employee organization and that he or she will make contributions to a charitable
organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article,
provided that the affidavit submitted by the employee is countersigned by an official representative of the religious
organization involved.
11.05 No employee organization, as defined in Section 2 of the Public Service Staff Relations Act,
other than the Alliance, shall be permitted to have membership dues or other monies deducted by the Employer from the
pay of employees in the bargaining unit.
11.06 The amounts deducted in accordance with clause 11.01 shall be remitted to the Comptroller of the
Alliance by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars
identifying each employee and the deductions made on the employee's behalf.
11.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis
of the production of appropriate documentation.
11.08 The Alliance 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 limited to the amount actually involved in the error.
12.01 Reasonable space on bulletin boards in convenient locations will be made available to the Alliance for
the posting of official Alliance notices. The Alliance shall endeavour to avoid requests for posting of notices which
the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its
representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices
related to the business affairs of the Alliance, including the names of Alliance representatives, and social and
recreational events. Such approval shall not be unreasonably withheld.
12.02 The Employer will also continue its present practice of making available to the Alliance specific
locations on its premises, and where it is practical to do so on vessels, for the placement of reasonable quantities of
literature of the Alliance.
12.03 A duly accredited representative of the Alliance may be permitted access to the Employer's premises,
which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by
management. Permission to enter the premises shall, in each case be obtained from the Employer. In the case of access
to vessels, the Alliance representative upon boarding any vessel must report to the Master, state his or her business
and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and
normal operation of the vessels.
12.04 The Alliance shall provide the Employer a list of such Alliance representatives and shall advise
promptly of any change made to the list.
13.01 The Employer acknowledges the right of the Alliance to appoint or otherwise select employees as
representatives.
13.02 The Alliance and the Employer shall endeavour in consultation to determine the jurisdiction of each
representative, having regard to the plan of organization, the number and distribution of employees at the work place
and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in
consultation, then any dispute shall be resolved by the grievance/adjudication procedure.
13.03 The Alliance shall notify the Employer in writing of the name and jurisdiction of its representatives
identified pursuant to clause 13.02.
13.04
(a) A representative shall obtain the permission of his or her immediate supervisor before leaving his or her work
to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with
grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where
practicable, the representative shall report back to his or her supervisor before resuming his or her normal
duties.
(b) Where practicable, when management requests the presence of an Alliance representative at a meeting, such
request will be communicated to the employee's supervisor.
(c) An employee shall not suffer any loss of pay when permitted to leave his or her work under paragraph (a).
13.05 The Alliance shall have the opportunity to have an employee representative introduced to new employees
as part of the Employer's formal orientation programs, where they exist.
Complaints made to the Public Service Staff Relations Board Pursuant to Section 23 of the Public Service Staff
Relations Act
14.01 When operational requirements permit, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf, before the Public Service Staff Relations
Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Alliance
making a complaint.
Applications for Certification, Representations and Interventions with respect to Applications for
Certification
14.02 When operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Alliance in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations Board,
and
(b) when operational requirements permit, to an employee called as a witness by an employee or the Alliance.
Arbitration Board Hearings, Conciliation Board Hearings and Alternate Dispute Resolution Process
14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of
employees representing the Alliance before an Arbitration Board, Conciliation Board or in an Alternate Dispute
Resolution Process.
14.05 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board,
Conciliation Board or in an Alternate Dispute Resolution Process and, when operational requirements permit, leave with
pay to an employee called as a witness by the Alliance.
Adjudication
14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is
obliged to be represented by the Alliance in relation to the presentation of his or her grievance, the Employer will,
where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes
place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters
area.
14.08 Subject to operational requirements:
(a) when the Employer originates a meeting with a grievor in his headquarters area, he or she will be granted leave
with pay and "on duty" status when the meeting is held outside the grievor's headquarters area,
and
(b) when a grievor seeks to meet with the Employer, he or she will be granted leave with pay when the meeting is
held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters
area,
and
(c) when an employee representative attends a meeting referred to in this clause, he or she will be granted leave
with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held
outside his or her headquarters area.
Contract Negotiation Meetings
14.09 When operational requirements permit, the Employer will grant leave without pay to an employee for the
purpose of attending contract negotiation meetings on behalf of the Alliance.
Preparatory Contract Negotiation Meetings
14.10 When operational requirements permit, the Employer will grant leave without pay to a reasonable number
of employees to attend preparatory contract negotiation meetings.
Meetings Between the Alliance and Management Not Otherwise Specified in this Article
14.11 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of
employees who are meeting with management on behalf of the Alliance.
14.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number
of employees to attend meetings of the Board of Directors of the Alliance, meetings of the National Executive of the
Components, Executive Board meetings of the Alliance, and conventions of the Alliance, the Components, the Canadian
Labour Congress and the Territorial and Provincial Federations of Labour.
14.13 When operational requirements permit, the Employer will grant leave without pay to employees who
exercise the authority of a representative on behalf of the Alliance to undertake training related to the duties of a
representative.
15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises
of a provincial, municipal, commercial or industrial employer, the employees shall report the matter to the Employer,
and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall
receive their regular pay and benefits to which they would normally be entitled.
16.01 The Public Service Staff Relations Act provides penalties for engaging in illegal strikes.
Disciplinary action may also be taken, which will include penalties up to and including termination of employment
pursuant to paragraph 11(2)(f) of the Financial Administration Act, for participation in an illegal strike as
defined in the Public Service Staff Relations Act.
17.01 When an employee is suspended from duty or terminated in accordance with paragraph 11(2)(f) of the
Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such
suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or
termination.
17.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary
hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to
have, at his or her request, a representative of the Alliance attend the meeting. Where practicable, the employee shall
receive a minimum of one (1) day's notice of such a meeting.
17.03 The Employer shall notify the local representative of the Alliance as soon as possible that such
suspension or termination has occurred.
17.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any
document from the file of an employee the content of which the employee was not aware of at the time of filing or
within a reasonable period thereafter.
17.05 Any document or written statement related 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 disciplinary action was
taken, provided that no further disciplinary action has been recorded during this period.
18.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the
National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and which
the parties to this Agreement have endorsed, the grievance procedure will be in accordance with Section 14 of the NJC
By-Laws.
18.02 Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee
who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of
action by the Employer in matters other than those arising from the classification process is entitled to present a
grievance in the manner prescribed in clause 18.05 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 Agreement or an arbitral award, the
employee is not entitled to present the grievance unless he or she has the approval of and is represented by the
Alliance.
18.03 Except as otherwise provided in this Agreement, a grievance shall be processed by recourse to the
following levels:
(a) level 1 - first (1st) level of management;
(b) levels 2 and 3 - intermediate level(s) where such level or levels are established in departments or
agencies;
(c) final level - Deputy Head or Deputy Head's authorized representative.
Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2
or 3.
18.04 The Employer shall designate a representative at each level 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 Alliance.
18.05 An employee who wishes to present a grievance at a prescribed level 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 level,
and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
18.06 Where 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 date
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 level 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 level shall be calculated from the
date on which the Employer's reply was delivered to the address shown on the grievance form.
18.07 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in
accordance with the form supplied by the Employer.
18.08 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any
level.
18.09 The Alliance shall have the right to consult with the Employer with respect to a grievance at each
level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the
decision.
18.10 An employee may present a grievance to the First (1st) Level of the procedure in the manner
prescribed in clause 18.05 not later than the twenty-fifth (25th) day after the date on which he or she is
notified orally or in writing or on which he or she first becomes aware of the action or circumstances giving rise to
the grievance.
18.11 The Employer shall normally reply to an employee's grievance, at any level in the grievance procedure,
except the final level, within ten (10) days after the date the grievance is presented at that level. Where such
decision or settlement is not satisfactory to the employee, he or she may submit a grievance at the next higher level
in the grievance procedure within ten (10) days after that decision or settlement has been conveyed to him or her in
writing.
18.12 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at
any level, except the final level, the employee may, within the next ten (10) days, submit the grievance at the next
higher level of the grievance procedure.
18.13 The Employer shall normally reply to an employee's grievance at the final level of the grievance
procedure within thirty (30) days after the grievance is presented at that level.
18.14 Where an employee has been represented by the Alliance in the presentation of his or her grievance, the
Employer will provide the appropriate representative of the Alliance with a copy of the Employer's decision at each
level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.
18.15 The decision given by the Employer at the Final Level in the grievance procedure shall be final and
binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.
18.16 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.
18.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer
and the employee and, where appropriate, the Alliance representative.
18.18 Where it appears that the nature of the grievance is such that a decision cannot be given below a
particular level of authority, any or all the levels, except the final level may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Alliance.
18.19 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
the grievance shall be presented at the final level only.
18.20 An employee may abandon a grievance by written notice to his or her immediate supervisor or
officer-in-charge.
18.21 An employee who fails to present a grievance to the next higher level within the prescribed time limits
shall be deemed to have abandoned the grievance, unless the employee was unable to comply with the prescribed time
limits due to circumstances beyond his or her control.
18.22 No person who is employed in a managerial or confidential capacity 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 Agreement.
18.23 Where an employee has presented a grievance up to and including the Final Level in the grievance
procedure with respect to:
(a) the interpretation or application in respect of him or her of a provision of this Agreement or a related
arbitral award,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or (g) of the Financial Administration
Act,
and the employee's grievance has not been dealt with to his or her satisfaction, he or she may refer the grievance
to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations.
18.24 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 Alliance signifies in the 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.
**
Expedited Adjudication
18.25 The parties agree that any adjudicable grievance may be referred to the following expedited
adjudication process:
(a) At the request of either party, a grievance that has been referred to adjudication may be dealt with through
Expedited Adjudication with the consent of both parties.
(b) When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Alliance
will submit to the PSSRB the consent form signed by the grievor or the bargaining agent.
(c) The parties may proceed with or without an Agreed Statement of Facts. When the parties arrive at an Agreed
Statement of Facts it will be submitted to the PSSRB or to the Adjudicator at the hearing.
(d) No witnesses will testify.
(e) The Adjudicator will be appointed by the PSSRB from among its members who have had at least three (3) years
experience as a member of the Board.
(f) Each Expedited Adjudication session will take place in Ottawa, unless the parties and the PSSRB agree otherwise.
The cases will be scheduled jointly by the parties and the PSSRB, and will appear on the PSSRB schedule.
(g) The Adjudicator will make an oral determination at the hearing, which will be recorded and initialed by the
representatives of the parties. This will be confirmed in a written determination to be issued by the Adjudicator
within five (5) days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a
particular case.
(h) The Adjudicator's determination will be final and binding on all the parties, but will not constitute a
precedent. The parties agree not to refer the determination to the Federal Court.
19.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practiced with respect to an employee 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 Alliance, marital status or a conviction for which a pardon has been granted.
19.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived
except by mutual agreement.
19.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
discrimination. The selection of the mediator will be by mutual agreement.
20.01 The Alliance and the Employer recognize the right of employees to work in an environment free from
sexual harassment and agree that sexual harassment will not be tolerated in the work place.
20.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived
except by mutual agreement.
20.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
sexual harassment. The selection of the mediator will be by mutual agreement.
21.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to
enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing
joint consultation on matters of common interest.
21.02 Within five (5) days of notification of consultation served by either party, the Alliance shall notify
the Employer in writing of the representatives authorized to act on behalf of the Alliance for consultation
purposes.
21.03 Upon request of either party, the parties to this Agreement shall consult meaningfully at the
appropriate level about contemplated changes in conditions of employment or working conditions not governed by this
Agreement.
21.04 Without prejudice to the position the Employer or the Alliance may wish to take in future about the
desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be
determined as appropriate for joint consultation will be by agreement of the parties.
22.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The
Employer will welcome suggestions on the subject from the Alliance, 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.
23.01 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.
24.01 The parties have agreed that in cases where as a result of technological change the services of an
employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function,
Appendix "I" on Work Force Adjustment will apply. In all other cases the following clauses will apply.
24.02 In this Article "Technological Change" means:
(a) the introduction by the Employer of equipment or material of a different nature than that previously
utilized;
and
(b) a change in the Employer's operation directly related to the introduction of that equipment or material.
24.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage
and promote technological change in the Employer's operations. Where technological change is to be implemented, the
Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
24.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of
emergency, not less than one hundred and eighty (180) days written notice to the Alliance of the introduction or
implementation of technological change when it will result in significant changes in the employment status or working
conditions of the employees.
24.05 The written notice provided for in clause 24.04 will provide the following information:
(a) the nature and degree of the technological change;
(b) the date or dates on which the Employer proposes to effect the technological change;
(c) the location or locations involved;
(d) the approximate number and type of employees likely to be affected by the technological change;
(e) the effect that the technological change is likely to have on the terms and conditions of employment of the
employees affected.
24.06 As soon as reasonably practicable after notice is given under clause 24.04, the Employer shall consult
meaningfully with the Alliance concerning the rationale for the change and the topics referred to in paragraph 24.05 on
each group of employees, including training.
24.07 When, as a result of technological change, the Employer determines that an employee requires new skills
or knowledge in order to perform the duties of the employee's substantive position, the Employer will make every
reasonable effort to provide the necessary training during the employee's working hours without loss of pay and at no
cost to the employee.
Exclusions
This article does not apply to the FR, LI and SC Groups.
25.01 For the purposes of this Article:
(a) "day" means a twenty-four (24) hour period commencing at 00:00 hour;
(b) "week" means a period of seven (7) consecutive days beginning at 00:00 hour Monday morning and ending at
24:00 hours the following Sunday night.
25.02
(a) For employees who work five (5) consecutive days per week on a regular and non-rotating basis, the Employer
shall schedule the hours of work so that these employees work the standard work week as specified in the Group Specific
Appendix.
(b) When hours of work are scheduled for employees on a rotating or irregular basis, the Employer shall schedule the
hours of work so that employees work an average of hours as specified in the Group Specific Appendix.
(c) The implementation of hours of work other than those specified in paragraphs 25.02(a) or (b) are subject to the
provisions of Article 28, Variable Hours of Work.
25.03 The Employer will make every reasonable effort:
(a) not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's previous
shift,
and
(b) to avoid excessive fluctuation in hours of work.
25.04 The Employer will review with the local Alliance representative(s) any change in hours of work which
the Employer proposes to institute, when such change will affect the majority of the employees governed by the
schedule. In all cases following such reviews, the Employer will, where practical, accommodate such employee
representations as may have been conveyed by the Alliance representative(s) during the meeting.
By mutual agreement, in writing, the Employer and the local Alliance representative(s) may waive the application of
change of shift with no notice provisions.
25.05 Scheduled of hours of work shall be posted at least fifteen (15) calendar days in advance of the
starting date of the new schedule, and the Employer shall, where practical, arrange schedules which will remain in
effect for a period of not less than twenty-eight (28) calendar days. The Employer shall also endeavour, as a matter of
policy, to give an employee at least two (2) consecutive days of rest at a time. Such two (2) consecutive days of rest
may be separated by a designated paid holiday, and the consecutive days of rest may be in separate calendar weeks.
Days of Rest
25.06 When an employee's scheduled shift does not commence and end on the same day, such shift shall be
deemed to have been entirely worked:
(a) on the day it commenced where half (1/2) or more of the hours worked fall on that day,
or
(b) on the day it terminates where more than half (1/2) of the hours worked fall on that day.
Accordingly, the first (1st) day of rest will be deemed to start immediately after midnight of the
calendar day on which the employee worked or is deemed to have worked his or her last scheduled shift; and the second
(2nd)day of rest will start immediately after midnight of the employee's first (1st) day of rest,
or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.
25.07 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or
maximum hours of work.
25.08 Provided sufficient advance notice is given and with the approval of the Employer, employees may
exchange shifts if there is no increase in cost to the Employer.
26.01
(a) When a full-time indeterminate employee is required to attend one of the following proceedings outside a period
which extends before or beyond three (3) hours his or her scheduled hours of work on a day during which he or she would
be eligible for a Shift Premium, the employee may request that his or her hours of work on that day be scheduled
between 7 a.m. and 6 p.m.; such request will be granted provided there is no increase in cost to the Employer. In no
case will the employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours
of rest between the time his or her attendance was no longer required at the proceeding and the beginning of his or her
next scheduled work period.
(i) Public Service Staff Relations Board Proceedings
Clauses 14.01, 14.02, 14.04, 14.05 and 14.06.
(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings
Clauses 14.09 and 14.10.
(iii) Personnel Selection Process
Article 48.
(iv) To write Provincial Certification Examinations which are a requirement for the continuation of the performance
of the duties of the employee's position.
(v) Training Courses which the employee is required to attend by the Employer.
(b) Notwithstanding paragraph (a), proceedings described in subparagraph (v) are not subject to the condition that
there be no increase in cost to the Employer.
Exclusions
This article does not apply to the FR, LI and SC Groups.
**
27.01 Shift Premium
An employee working on shifts will receive a shift premium of one dollar and seventy-five cents ($1.75) per hour for
all hours worked, including overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for
hours worked between 8:00 a.m. and 4:00 p.m.
Effective August 5, 2002
An employee working on shifts will receive a shift premium of two dollars ($2.00) per hour for all hours worked,
including overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between
8:00 a.m. and 4:00 p.m.
**
27.02 Weekend Premium
An employee working on shifts during the weekend will receive an additional premium of one dollar and seventy-five
cents ($1.75) per hour for all hours worked, including overtime hours, on Saturday or Sunday.
Effective August 5, 2002
An employee working on shifts during the weekend will receive an additional premium of two dollars ($2.00) per hour
for all hours worked, including overtime hours, on Saturday or Sunday.
**
Exclusions
This article does not apply to the FR, and LI Groups and the SC Group other than those employees subject to Annex B
of Appendix G (Conventional Work System).
Work Unit
28.01 Any special arrangement may be at the request of either party and must be mutually agreed between the
Employer and the majority of employees and shall apply to all employees at the work unit.
Employee
**
28.02 Upon request of an employee and the concurrence of the Employer, an employee may complete the weekly hours
of employment in a period of other than five (5) full days provided that over a period of up to twenty-eight (28)
calendar days, the employee works an average of the weekly hours specified in the relevant Group Specific Appendix.
**
28.03 The employee shall be granted days of rest on such days as are not scheduled as a normal work day for the
employee.
Terms and Conditions Governing the Administration of Variable Hours of Work
28.04 Notwithstanding anything to the contrary contained in this Agreement, the implementation of any
variation in hours shall not result in any additional overtime work or additional payment by reason only of such
variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the
terms of this Agreement.
28.05
(a) The scheduled hours of work of any day may exceed or be less than the daily hours specified in the Group
Specific Appendix; starting and finishing times, meal breaks and rest periods shall be determined according to
operational requirements as determined by the Employer and the daily hours of work shall be consecutive.
(b) Such schedules shall provide an average of work per week over the life of the schedule as specified in the Group
Specific Appendix.
(i) The maximum life of a shift schedule shall be six (6) months.
(c) Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate
adjustments will be made.
28.06 Specific Application of this Agreement
For greater certainty, the following provisions of this Agreement shall be administered as provided herein:
(a) Interpretation and Definitions
"Daily rate of pay" - shall not apply.
(b) Minimum Number of Hours Between Shifts
Provisions relating to the minimum period between the termination and commencement of the employee's next shift,
shall not apply.
(c) Exchange of Shifts
On exchange of shifts between employees, the Employer shall pay as if no exchange had occurred.
(d) Overtime
Overtime shall be compensated for all work performed on regular working days or on days of rest at time and
three-quarter (1 3/4).
(e) Designated Paid Holidays
(i) A designated paid holiday shall account for the normal daily hours of work as specified in the relevant Group
Specific Appendix.
(ii) When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the pay
for the hours specified in sub-paragraph (i), at time and one-half (1 1/2) up to his or her regular scheduled
hours worked and at double (2) time for all hours worked in excess of his or her regular scheduled hours.
(f) Travel
Overtime compensation referred to in clause 33.04 shall only be applicable on a work day for hours in excess of the
employee's daily scheduled hours of work.
(g) Acting Pay
The qualifying period for acting pay as specified in paragraph 61.07 shall be converted to hours.
Exclusions
This article does not apply to the FR, LI and SC Groups.
General
29.01 Compensation under this Article shall not be paid for overtime worked by an employee at courses,
training sessions, conferences and seminars unless the employee is required to attend by the Employer.
29.02 Where overtime work is authorized in advance by the Employer, an employee is entitled to overtime
compensation for each completed fifteen (15) minute period of overtime worked by the employee.
29.03 Payments provided under this Article shall not be pyramided; that is an employee shall not receive more
than one compensation for the same service.
29.04 Assignment of Overtime Work
Subject to the operational requirements of the service, the Employer shall make every reasonable effort:
(a) to allocate overtime work on an equitable basis among readily available qualified employees,
and
(b) to give employees who are required to work overtime adequate advance notice of this requirement.
29.05 The Alliance is entitled to consult the Deputy Head or the Deputy Head's delegated representative
whenever it is alleged that employees are required to work unreasonable amounts of overtime.
29.06 Overtime Compensation
Subject to clause 29.02, an employee is entitled to time and one-half (1 1/2) compensation for each hour of overtime
worked by the employee.
29.07 Notwithstanding clause 29.06, an employee is entitled to double (2) time for each hour of overtime
worked by the employee,
(a) on a scheduled day of work or a first (1st) day of rest, after a period of overtime equal to the
normal daily hours of work specified in the Group Specific Appendix;
and
(b) on a second (2nd) or subsequent day of rest, provided the days of rest are consecutive, except that
they may be separated by a designated paid holiday;
and
(c) where an employee is entitled to double (2) time in accordance with paragraphs (a) or (b) above and has worked a
period of overtime equal to the normal daily hours of work specified in the Group Specific Appendix, the employee shall
continue to be compensated at double (2) time for all hours worked until he or she is given a period of rest of at
least eight (8) consecutive hours.
29.08 Compensatory Leave
(a) Overtime shall be compensated in cash, except where upon, mutual agreement between the employee and the Employer
overtime may be compensated in compensatory leave with pay.
(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
(c) If any above leave with pay earned cannot be liquidated by the end of a twelve (12)-month period, to be
determined by the Employer, then payment in cash will be made at the employee's then current rate of pay.
29.09 Overtime Meal Allowance
**
(a) An employee who works three (3) or more hours of overtime,
(i) immediately before the employee's scheduled hours of work and who has not been notified of the requirement prior
to the end of the employee's last scheduled work period,
or
(ii) immediately following the employee's scheduled hours of work,
shall be reimbursed for one (1) meal in the amount of nine dollars and fifty cents ($9.50), except where a free meal
is provided or when the employee is being compensated on some other basis. Reasonable time with pay, to be determined
by management, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to
the employee's place of work.
**
Effective August 5, 2002:
shall be reimbursed for one (1) meal in the amount of ten dollars ($10), except where a free meal is provided or
when the employee is being compensated on some other basis. Reasonable time with pay, to be determined by management,
shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's
place of work.
**
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in
paragraph (a) above, the employee shall be reimbursed for one (1) additional meal in the amount of nine dollars and
fifty cents ($9.50) after each four (4) hour period, except where free meals are provided or when the employee is being
compensated on some other basis. Reasonable time with pay, to be determined by management, shall be allowed the
employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.
**
Effective August 5, 2002
When an employee works overtime continuously extending four (4) hours or more beyond the period provided in
paragraph (a) above, the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars ($10)
after each four (4) hour period, except where free meals are provided or when the employee is being compensated on some
other basis. Reasonable time with pay, to be determined by management, shall be allowed the employee in order that the
employee may take a meal break either at or adjacent to the employee's place of work
(c) This clause shall not apply to an employee who is in travel status, which entitles the employee to claim
expenses for lodging and/or meals.
29.10 Transportation Expenses
(a) Where an employee is required to report to work overtime on a day of rest or to work overtime which is not
contiguous to the employee's scheduled hours of work, and reports, and is required to use transportation services other
than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as
follows:
(i) mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her
automobile when the employee travels by means of his or her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
(b) Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location
other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her
residence shall not constitute time worked.
Exclusions
This article does not apply to the LI Group.
30.01 If an employee is called back to work
(a) on a designated paid holiday which is not the employee's scheduled day of work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed his or her work for the day and has left his or her place of work,
and returns to work, the employee shall be paid the greater of:
(i) Compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each call-back to a
maximum of eight (8) hours' compensation in an eight (8) hour period,
or
(ii) compensation at the applicable rate of overtime compensation for time worked,
provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
(d) The minimum payment referred to in subparagraph 30.01(c)(i) above, does not apply to part-time employees.
Part-time employees will receive a minimum payment in accordance with clause 59.06.
30.02 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work
location other than the employee's normal place of work, time spent by the employee reporting to work or returning to
his or her residence shall not constitute time worked.
No Pyramiding of Payments
30.03 Payments provided under Overtime and Reporting Pay provisions of the Agreement, the Designated Paid
Holiday and Standby provisions of the Agreement and clause 30.01 above shall not be pyramided, that is an employee
shall not receive more than one compensation for the same service.
30.04 This Article does not apply where an employee who has accommodation on board a vessel and:
(a) is not in his or her home port, reports for sailing in accordance with posted sailing orders or as otherwise
required by the Master,
or
(b) is on the Employer's premises at the time of notification of the requirement to work overtime.
30.05 Transportation Expenses
(a) Where an employee is required to report for work and reports under the conditions described in 30.01 above, and
is required to use transportation services other than normal public transportation services, the employee shall be
reimbursed for reasonable expenses incurred as follows:
(i) mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her
automobile when the employee travels by means of his or her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
(b) Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location
other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her
residence shall not constitute time worked.
Exclusions
This article does not apply to the FR, LI or SC Groups.
31.01 Where the Employer requires an employee to be available on standby during off-duty hours, such employee
shall be compensated at the rate of one-half (1/2) hour for each four (4)-hour period or part thereof for which the
employee has been designated as being on standby duty.
31.02
(a) An employee designated by letter or by list for standby duty shall be available during his or her period of
standby at a known telephone number and be available to return for duty as quickly as possible, if called.
(b) In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of
standby duties.
(c) No standby payment shall be granted if an employee is unable to report for duty when required.
(d) An employee on standby who is required to report for work and reports shall be compensated in accordance with
clause 30.01 or the reporting pay provisions found in the relevant Group Specific Appendix, and is also eligible for
reimbursement of transportation expenses in accordance with clause 29.10.
32.01 Subject to clause 32.02, the following days shall be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is recognised to be a provincial or civic
holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such
additional day is recognised as a provincial or civic holiday, the first (1st) Monday in August,
(l) one additional day when proclaimed by an Act of Parliament as a national holiday.
Excluded Provisions
The remainder of this Article does not apply to employees in the FR group
32.02 An employee absent without pay on both his or her full working day immediately preceding and his or her
full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case
of an employee who is granted leave without pay under the provisions of Article 14, Leave With or Without Pay For
Alliance Business.
32.03 Designated Holiday Coinciding with a Day of Paid Leave
Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall
count as a holiday and not as a day of leave.
32.04 Designated Holiday Coinciding with a Day of Rest
(a) When a day designated as a holiday under clause 32.01 coincides with an employee's day of rest, the holiday
shall be moved to the first (1st) scheduled working day following the employee's day of rest. When a day
that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a
holiday and not as a day of leave.
(b) When two (2) days designated as holidays under clause 32.01 coincide with an employee's consecutive days
of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest.
When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days
shall count as holidays and not as days of leave.
Work Performed on a Designated Holiday
32.05 Where operational requirements permit, the Employer shall not schedule an employee to work both
December 25 and January 1 in the same holiday season.
32.06 When a day designated as a holiday for an employee is moved to another day under the provisions of
clause 32.04:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as worked
performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed
on a holiday.
32.07
(a) When an employee works on a holiday, he or she shall be paid time and one-half (1 1/2) for all hours worked, up
to the daily hours specified in the relevant Group Specific Appendix, and double (2) time thereafter, in addition to
the pay that the employee would have been granted had he or she not worked on the holiday,
or
(b) upon request, and with the approval of the Employer, the employee may be granted:
(i) a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday,
and
(ii) pay at one and one-half (1 1/2) times the straight-time rate of pay for all hours worked up to seven and
one-half (7 1/2) hours,
and
(iii) pay at two (2) times the straight-time rate of pay for all hours worked by him or her on the holiday in excess
of seven and one-half (7 1/2) hours.
(c) Notwithstanding paragraphs (a) and (b), when an employee works on a holiday contiguous to a day of rest on which
he or she also worked and received overtime in accordance with clause 29.07, the employee shall be paid in addition to
the pay that he or she would have been granted had he or she not worked on the holiday, two (2) times his or her hourly
rate of pay for all time worked.
(d) Subject to operational requirements and adequate advance notice, the Employer shall grant lieu days at such
times as the employee may request.
(i) When in a fiscal year an employee has not been granted all of his or her lieu days as requested by him or her,
at the employee's request, such lieu days shall be carried over for one (1) year.
(ii) In the absence of such request, unused lieu days shall be paid off at the employee's straight-time rate of pay
in effect when the lieu day was earned.
32.08 Reporting for Work on a Designated Holiday
(a) When an employee is required to report for work and reports on a designated holiday, the employee shall be paid
the greater of:
(i) compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each reporting to a
maximum of eight (8) hours' compensation in an eight (8) hour period; such maximum shall include any reporting pay
pursuant to Article 30;
or
(ii) compensation in accordance with the provisions of clause 32.07.
(b) The minimum payment referred to in subparagraph (a)(i) does not apply to part-time employees. Part-time
employees will receive a minimum payment in accordance with clause 59.08 of this Agreement.
(c) When an employee is required to report for work and reports under the conditions described in paragraph (a) and
is required to use transportation services other than normal public transportation services, the employee shall be
reimbursed for reasonable expenses incurred as follows:
(i) mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her
automobile when the employee travels by means of his or her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
(d) Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location
other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her
residence shall not constitute time worked.
33.01 This Article does not apply to an employee when the employee travels by any type of transport in which
he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In
such circumstances, the employee shall receive the greater of:
(a) on a normal working day, his or her regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 32, Designated Paid Holidays and Article 29, Overtime, of
this Agreement.
33.02 Compensation under this Article shall not be paid for travel time to courses, training sessions,
conferences and seminars, unless the employee is required to attend by the Employer.
33.03 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to
the extent provided for in this Article.
33.04 When an employee is required to travel outside his or her headquarters area on government business, as
these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined
by the Employer and the employee will be compensated for travel time in accordance with clauses 33.05 and 33.06.
Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer
than three (3) hours.
33.05 For the purposes of clauses 33.04 and 33.06, the travelling time for which an employee shall be
compensated is as follows:
(a) for travel by public transportation, the time between the scheduled time of departure and the time of arrival at
a destination, including the normal travel time to the point of departure, as determined by the Employer;
(b) for travel by private means of transportation, the normal time as determined by the Employer, to proceed from
the employee's place of residence or work place, as applicable, direct to the employee's destination and, upon the
employee's return, direct back to the employee's residence or work place;
(c) in the event that an alternate time of departure and/or means of travel is requested by the employee, the
Employer may authorize such alternate arrangements, in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
33.06 If an employee is required to travel as set forth in clauses 33.04 and 33.05:
(a) on a normal working day on which the employee travels but does not work, the employee shall receive his or her
regular pay for the day;
(b) on a normal working day on which the employee travels and works, the employee shall be paid:
(i) his regular pay for the day for a combined period of travel and work not exceeding his or her regular scheduled
working hours,
and
(ii) at the applicable overtime rate for additional travel time in excess of his or her regularly scheduled hours of
work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the
straight-time rate of pay;
(c) on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for
hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate of pay.
33.07
(a) Upon request of an employee and with the approval of the Employer, compensation at the overtime rate earned
under this Article may be granted in compensatory leave with pay.
(b) Compensatory leave with pay not used by the end of a twelve-month (12) period, to be determined by the Employer,
will be paid for in cash at the end of the twelve-month (12) period.
**
33.08 Travel Status Leave
Exclusions
This clause does not apply to employees covered by Annex I of Appendix B - General Labour and Trades Group.
(a) An employee who is required to travel outside his or her headquarters area on government business, as these
expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal
year shall be granted one (1) day off with pay. The employee shall be credited with one additional day off for each
additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of 80
nights.
(b) The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and
shall accumulate as compensatory leave with pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to paragraphs 29.08 (b) and (c).
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions,
professional conferences and seminars.
34.01
(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted
into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be
reconverted into days, with one (1) day being equal to seven and one-half (7 1/2) hours.
(b) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of
leave being equal to the number of hours of work scheduled for the employee for the day in question.
(c) Notwithstanding the above, in Article 46, Bereavement Leave with Pay, a "day" will mean a calendar day.
34.02 Except as otherwise specified in this Agreement:
(a) where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other
than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of
calculating severance pay and "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.
34.03 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his
or her vacation and sick leave credits.
34.04 The amount of leave with pay earned but unused 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.
34.05 An employee 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.
34.06 An employee 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.
34.07 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under
suspension.
34.08 In the event of termination of employment for reasons other than incapacity, death or lay-off, the
Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken
by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the
date of the termination of the employee's employment.
34.09 An employee 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.
34.10 When an employee who is in receipt of a special duty allowance or an extra duty allowance is granted
leave with pay, the employee is entitled during the employee's period of leave to receive the allowance if the special
or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing
basis, or for a period of two (2) or more months prior to the period of leave.
**
Excluded Provisions
Except for clause 35.16, this Article does not apply to employees in the FR Group.
35.01 The vacation year shall be from April 1st to March 31st, inclusive, of the
following calendar year.
Accumulation of Vacation Leave Credits
35.02 For each calendar month in which an employee has earned at least ten (10) days' pay, the employee shall
earn vacation leave credits at the rate of:
(a) one decimal twenty five (1.25) days until the month in which the anniversary of the employee's
eighth (8th) year of service occurs;
(b) one decimal sixty-seven (1.67) days commencing with the month in which the employee's eighth (8th)
anniversary of service occurs;
**
(c) one decimal eighty-three (1.84) days commencing with the month in which the employee's sixteenth (16th)
anniversary of service occurs
(d) one decimal ninety-two (1.92) days commencing with the month in which the employee's
seventeenth (17th) anniversary of service occurs
(e) two decimal zero nine (2.09) days commencing with the month in which the employee's eighteenth (18th)
anniversary of service occurs;
**
(f) two decimal twenty-five (2.25) days commencing with the month in which the employee's
twenty-seventh (27th) anniversary of service occurs;
**
(g) two decimal fifty (2.50) days commencing with the month in which the employee's twenty-eighth (28th)
anniversary of service occurs;
(h) however, an employee who has received or is entitled to receive furlough leave shall have the vacation leave
credits earned under this clause, reduced by zero decimal forty-two (0.42) of a day per month from the beginning of the
month in which the employee's twentieth (20th) anniversary of service occurs until the beginning of the
month in which the employee's twenty-fifth (25th) anniversary of service occurs.
35.03
(a) For the purpose of clause 35.02 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 an employee who receives severance pay on lay-off
and is reappointed to the Public Service within one (1) year following the date of lay-off.
(b) Notwithstanding paragraph (a) above, an employee who was a member of one of the bargaining units listed below on
the date of signing of the relevant collective agreement or an employee who became a member of those bargaining units
between the date of signing of the relevant collective agreement and May 31, 1990 shall retain, for the purpose of
"service" and of establishing his or her vacation entitlement pursuant to this clause, those periods of former service
which had previously qualified for counting as continuous employment, until such time as his or her employment in the
Public Service is terminated.
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Bargaining Unit
|
Date of Signing
|
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HP
GL&T
LI
HS
FR
GS
SC
PR(S)
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April 6, 1989
May 4, 1989
June 19, 1989
June 21, 1989
June 30, 1989
August 4, 1989
December 31, 1989
July 7, 2000
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(i) Sub-clause (b) above applies with respect to Printing Operations Supervisory employees except that May 31, 1990
shall be replaced by the first (1st) day of the month following the date of signing.
35.04 An employee is entitled to vacation leave with pay to the extent of the employee's earned credits but
an employee who has completed six (6) months of continuous employment is entitled to receive an advance of credits
equivalent to the anticipated credits for the current vacation year.
Scheduling of Vacation Leave With Pay
35.05
(a) Employees are expected to take all their vacation leave during the vacation year in which it is earned.
(b) Subject to the following subparagraphs, the Employer reserves the right to schedule an employee's vacation leave
but shall make every reasonable effort:
(i) to provide an employee's vacation leave in an amount and at such time as the employee may request;
(ii) not to recall an employee to duty after the employee has proceeded on vacation leave;
(iii) not to cancel nor alter a period of vacation or furlough leave which has been previously approved in
writing.
35.06 The Employer shall give an employee as much notice as is practicable and reasonable of approval,
denial, alteration or cancellation of a request for vacation or furlough leave. In the case of denial, alteration or
cancellation of such leave, the Employer shall give the written reason therefore, upon written request from the
employee.
35.07 Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
or
(b) is granted leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate,
the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee
and approved by the Employer, or reinstated for use at a later date.
35.08 Advance Payments
(a) The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more
complete weeks, provided a written request for such advance payment is received from the employee at least six (6)
weeks prior to the last pay day before the employee's vacation period commences.
(b) Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance
of going on vacation shall be made prior to the commencement of leave. Any overpayment in respect of such pay advances
shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any
further payment of salary.
35.09 Recall from Vacation Leave
(a) Where an employee is recalled to duty during any period of vacation or furlough leave, the employee shall be
reimbursed for reasonable expenses that the employee incurs:
(i) in proceeding to the employee's place of duty,
and
(ii) in returning to the place from which the employee was recalled if the employee immediately resumes vacation
upon completing the assignment for which the employee was recalled,
after submitting such accounts as are normally required by the Employer.
(b) The employee shall not be considered as being on vacation leave or furlough leave during any period in respect
of which the employee is entitled under paragraph (a) to be reimbursed for reasonable expenses incurred by the
employee.
35.10 Cancellation or Alteration of Vacation Leave
When the Employer cancels or alters a period of vacation or furlough leave which it has previously approved in
writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and
reservations made by the employee in respect of that period, subject to the presentation of such documentation as the
Employer may require. The employee must make every reasonable attempt to mitigate such losses.
35.11 During any vacation year, upon application by the employee and at the discretion of the Employer,
earned but unused vacation leave credits in excess of fifteen (15) days may be paid in cash at the employees' daily
rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's
substantive position on March 31st of the previous vacation year.
Leave When Employment Terminates
35.12 When an employee dies or otherwise ceases to be employed, the employee's estate or the employee shall
be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation and
furlough leave to the employee's credit by the daily rate of pay as calculated from the classification prescribed in
the certificate of appointment on the date of the termination of employment.
35.13 Notwithstanding clause 35.12, an employee whose employment is terminated for cause pursuant to
Section 11(2)(g) of the Financial Administration Act by reason of abandonment of his or her position is entitled
to receive the payment referred to in clause 35.12, if he or she requests it within six (6) months following the date
upon which his or her employment is terminated.
35.14 Where the employee requests, the Employer shall grant the employee his or her unused vacation leave
credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete
the first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year
of continuous employment in the case of resignation.
35.15 Appointment to a Separate Employer
Notwithstanding clause 35.12, an employee who resigns to accept an appointment with an organization listed in
Part II of Schedule I of the Public Service Staff Relations Act may choose not to be paid for unused vacation
and furlough leave credits, provided that the appointing organization will accept such credits.
**
35.16 Appointment from a Separate Employer
An employee who has resigned from an organization listed in Part II of Schedule I of the Public Service Staff
Relations Act may, with concurrence of Employer, transfer up to 35 days of earned vacation leave credits earned
previously with that organization.
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