Translation (TR) (Archived)

"common-law partner": in relation to an individual, a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year (conjoint de fait),

ARTICLE 10
LEAVE FOR UNION BUSINESS

10.08 Union Meetings

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend meetings of the Union and organizations to which the Union is affiliated.

ARTICLE 12
HOURS OF WORK

12.01 Normal Work Week

(b) To meet operational requirements, the Employer may, notwithstanding paragraph 12.01(a), ask employees to complete their normal work day between 7:00 a.m. and 9:00 p.m. Except in cases of emergency, the Employer shall consult the Union' head office when it decides to use the present exceptional provision or to change a work schedule implemented according to this paragraph.

(g) Except in cases of emergency, where scheduled hours are to be changed so that they are different from those specified in paragraph 12.01(a) or from a work schedule implemented in accordance with 12.01(b), the Employer shall consult with the Union' head office on such hours of work and shall show that such hours are required to meet its operational requirements.

ARTICLE 13
OVERTIME

13.05 Compensation for Work on a Designated Paid Holiday

(d) where an employee is required to and does report for work on a designated paid holiday, the employee shall be paid the greater of the following:

(i) three (3) hours compensation at the applicable overtime rate, only once during an eight (8)-hour period,

(ii) compensation at the applicable rate under paragraphs 13.05 (a), (b) or (c).

13.08 Standby Pay

(e) The Employer shall endeavour to allocate standby duties equitably among employees and shall first call for volunteers within the service where standby is required. Except in cases of emergency, the Employer shall also endeavour to give reasonable advance notice to the employee required to be on standby.

13.11 Meal Reimbursement

(a) An employee who works three (3) or more hours of overtime immediately before or following his scheduled hours of work shall be reimbursed for one (1) meal in the amount of nine dollars fifty ($9.50) except when the meal has been provided free to the employee.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one (1) additional meal in the amount of nine dollars fifty ($9.50), except when the meal has been provided free to the employee.

ARTICLE 15
PAY

15.04 The qualifying period for the payment of acting pay for employees is three (3) consecutive working days or shifts. This payment will be made in accordance with existing regulations.

15.07 Shift Premium

(b) An employee who works shifts shall receive an additional premium of one dollar and seventy-five cents ($1.75) per hour for hours of work regularly scheduled and worked on Saturdays and/or Sundays. This premium shall not apply to overtime hours.

ARTICLE 17
LEAVE - GENERAL

17.08 Except as otherwise indicated in this agreement, when leave without pay of a duration exceeding three (3) months is granted to an employee for reasons other than illness, the total duration of the leave granted shall be deducted from the calculation of the employee's period of continuous employment for the purpose of calculating severance pay and of service for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes.

ARTICLE 18
ANNUAL LEAVE

18.01 Credits

(iii) as of 19 April 2002, thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's sixteenth (16^th) year of service occurs;

(vi) as of 19 April 2002, sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's twenty-seventh (27^th) year of service occurs;

(vii) seventeen decimal five (17.5) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's twenty-eight (28^th) year of service occurs;

18.02 Granting of Annual Leave

(c) During his first six (6) months of continuous employment, an employee is only entitled to annual leave with pay to the extent of his earned credits.

ARTICLE 20
SICK LEAVE

20.02 Granting of Sick Leave

(b) Unless the employee is otherwise informed by the Employer, a statement signed by him stating that because of this illness or injury he was unable to perform his duties shall, when delivered to the Employer, be considered as meeting the requirements of sub-paragraph (i).

ARTICLE 21
OTHER LEAVE

21.02 Bereavement Leave

For the purposes of this clause, "immediate family" is defined as any relative permanently residing in the employee's household or with whom the employee permanently resides, and the employee's father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse, (including common-law partner resident with the employee), child, (including child of common-law partner), stepchild or ward of the employee, grandchild, grandparent, father-in-law and mother-in-law.

(a) When a member of his immediate family dies, an employee shall be granted bereavement leave for a period of five (5) consecutive calendar days which must include the day of the funeral. During such period he shall be paid for those days which are not regularly scheduled days of rest for that employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

(b) An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his son-in-law, daughter-in-law, brother-in-law or sister-in-law.

Transitional Provision for 21.04

If, on the date of signature of the Memorandum of Agreement modifying the provisions of clause 21.04, an employee is currently on maternity leave without pay or has requested a period of maternity leave but has not commenced the leave, she shall upon request be entitled to the provisions of this clause. Any application must be received before the termination date of the leave period originally requested.

21.04 Maternity Allowance

(C) should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B) , for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:

(allowance received)	X	(remaining period to be worked following her return to work)
		[ total period to be worked as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

If, on the date of signature of the Memorandum of Agreement modifying the provisions of clauses 21.06 and 21.07, an employee is currently on parental leave without pay or has requested a period of such leave without pay but has not commenced the leave, he or she shall upon request be entitled to the provisions of these clauses. Any application must be received before the termination date of the leave period originally requested.

21.06 Parental Leave Without Pay

(a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.

(b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period beginning on the day on which the child comes into the employee's care.

(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.

21.07 Parental Allowance

(C) should he or she fail to return to work in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:

(allowance received)	X	(remaining period to be worked following his/her return to work)
		[total period to be worked as specified in (B)]

however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

21.09 Leave Without Pay for the Care of Immediate Family

Transitional provisions

An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent under clauses 21.09 or 21.13 of the agreement expired on 18 April 2000, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or on Leave Without Pay for the Long-Term Care of a Parent under the terms of another agreement, continues on that leave for the approved duration or until the employee's return to work, if the employee returns to work before the end of the approved leave.

All leave granted under Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or under Leave Without Pay for the Long-Term Care of a Parent under the terms of agreements other than the present agreement will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the Public Service.

This article is also applicable to employees who have been granted Leave Without Pay for the Care and Nurturing of the employee's Pre-School Age Children or Leave Without Pay for the Long-Term Care of a Parent before the signature of the present agreement and have proceeded on leave on or after the date of signature of this agreement.

Subject to operational requirements, an employee shall be granted leave without pay for the care of immediate family in accordance with the following conditions:

(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner) parents (including stepparents or foster parent) or any relative permanently residing in the employee's household or with whom the employee permanently resides.

(b) Subject to paragraph (a), up to five (5) years leave without pay during an employee's total period of employment in the Public Service may be granted for the personal long-term care of the employee's family. Leave granted under this paragraph shall be for a minimum period of three (3) weeks.

(d) An employee who has proceeded on leave without pay may change his return to work date if such change does not result in additional costs to the Employer.

21.12 Leave With Pay for Family-Related Responsibilities

(a) For the purposes of this clause, "family" is defined as any relative residing in the employee's household or with whom the employee permanently resides, and the employee's spouse (or common-law partner resident with the employee), dependent children (including foster children and children of legal or common-law partner) and parents (including step-parents or foster parents).

(i) up to one (1) day of leave with pay, on each occasion, for an appointment to take a member of his family for a medical or dental appointment, when the family member is incapable of attending the appointment by himself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this sub-paragraph must make every reasonable effort to schedule the appointment to minimize or preclude time away from work, and must notify his supervisor of the appointment as far in advance as possible;

(iii) two (2) days' leave with pay for needs directly related to the birth or to the adoption of his child. This leave may be divided into two (2) periods and granted on separate days.

21.13 Court Leave

(b) by subpoena, summons or other legal instruments to attend as a witness in any proceeding, other than a proceeding in which the employee is a party, held:

(i) in or under the authority of a court of justice or before a grand jury,

(ii) before a court, judge, justice magistrate or coroner,

(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of his position,

(iv) before a legislative council, legislative assembly (or "house of assembly"), or any committee thereof that is authorized by law to compel the attendance of witnesses before it,

(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.

ARTICLE 22
SEVERANCE PAY

(i) an employee who, on retirement, is entitled to an immediate annuity, or an employee is entitled to an immediate annual allowance under the Public Service Superannuation Act,

(ii) a part-time employee, who regularly works more than thirteen and one-half (13 1/2) but less than thirty (30) hours a week, and who, if he were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity or to an immediate annual allowance,

shall be paid, on termination of employment, severance pay equal to the product obtained by multiplying his weekly rate of pay on termination of employment by the number of completed years of continuous employment and, in the case of a partial year of continuous employment, by the number of days of continuous employment divided by three hundred and sixty-five (365), up to a maximum of thirty (30) years.

ARTICLE 26
WORK AREAS

The Employer shall undertake to consult the Union's head office as soon as possible and throughout the process prior to finalizing plans to move or rearrange work areas, to familiarize himself with the employees' concerns.

ARTICLE 31
CONSULTATION

31.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to consult on matters of common interest upon request from either party, for example contemplated changes in conditions of employment or working conditions not governed by this Agreement, without prejudice to the position the Employer or the Union may wish to take in the future as to the desirability of having those subjects dealt with through provisions in collective agreements. The parties may also consult on other issues, by mutual consent.

31.02 The parties recognize moreover that consultation affords them an opportunity to better understand their respective interests, as well as the decisions and positions each will come to following their discussions.

31.03 To be efficient, consultation must take place as soon as possible before the final decision is made; as much as possible, it must begin as soon as an issue is raised or a problem arises and before parties start formulating their conclusions. It must continue at each stage of the process.

31.04 Parties in a consultation process listen with an open mind and discuss substantively the issues raised during consultation. When a party comes to a decision on an issue that was subject to consultation, it informs the other party of its decision and of the underlying reasons before making it public.

ARTICLE 32
TRAINING AND DEVELOPMENT

32.02 The Employer shall consult the Union's head office at the beginning of the fiscal year on implementation of the training policy during that year.

ARTICLE 33
TECHNOLOGICAL CHANGE

33.02 The Employer agrees to provide as much advance notice as is practicable but not less than three (3) months' notice to the Union's head office of any major technological change in equipment which would result in significant changes in the employment status or working conditions of employees. In addition, the Employer agrees to consult with the Union's head office with a view to resolving problems which may arise as a result of the introduction of such technological change.

ARTICLE 34
PART-TIME EMPLOYEES

34.04 Annual Leave

(c) when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of hours in the employee's work week per month;

(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number of hours in the employee's workweek per month;

(g) when the entitlement is seventeen decimal five (17.5) hours a month, .467 multiplied by the number of hours in the employee's workweek per month;

ARTICLE 36
NATIONAL JOINT COUNCIL (NJC) AGREEMENTS

**ARTICLE 37
EMPLOYEES ON THE PREMISES OF OTHER EMPLOYERS

37.01 If employees are prevented for performing their duties because of a strike or a lock-out on the premises of another employer, the employees shall report the matter to the Employer and the Employer will make every 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.

ARTICLE 38
TERM OF AGREEMENT

38.01 The duration of this Collective Agreement shall be from the date it is signed to 18 April 2003.

**APPENDIX "A"

TRANSLATION GROUP
RATES OF PAY
(in dollars)

X) Effective April 19, 2000
A) Effective April 19, 2000
B) Effective April 19, 2001
Y) Effective on the date of signing
C) Effective April 19, 2002

PAY NOTES

Pay Adjustments

(a) as of 19 April 2000, by 2.50%, but not to exceed the maximum of the A scale [at intervals of ten dollars ($10)];

(b) as of 19 April 2001, by 2.50%, but not to exceed the maximum of the B scale [at intervals of ten dollars ($10)];

(c) an employee for whom a restructuring is effective on the date of the signing will move to the "Y" range shown in Appendix A, at the closest rate, but not lower than the employee's former rate of pay;

(d) subject to notes (5) and (6), an employee being paid in the TR-1 scale of rates shall be paid, as of the effective date of the C scale, at the rate shown immediately below his rate pursuant to the note 1(c).

(a) An employee being paid in the TR-5 scale of rates for whom a restructuring is effective on April 19, 2000 will be paid at the "X" range shown in Appendix A, at the closest rate, but not lower than the employee's former rate of pay.

(b) Subject to notes (4) and (6), an employee being paid in the TR-5 scale of rates shall be paid, as of the effective date of the A scale, at the rate shown immediately below his rate pursuant to the note 2(a) and, as of the effective dates of the B and C scales, at the rate shown immediately below his rate the day before.

Subject to notes (4) and (6), an employee being paid in the TR-2, TR-3 or TR-4 scale of rates shall be paid, as of the effective dates of the A, B or C scales, at the rate shown immediately below his rate the day before.

The pay increment period for an employee paid in the TR-2, TR-3, TR-4 or TR-5 scale of rates is twelve (12) months. The pay increment shall be to the next rate in the applicable scale, unless the maximum has been reached.

An employee paid in the TR-4 scale of rates who has been at the maximum of his level for at least one (1) year on 18 April 2000 moves to the new maximum step retroactively to 19 April 2000.

The pay increment period for an employee paid in the TR-1 scale of rates is six (6) months. The pay increment shall be to the next rate in the pay scale, unless the maximum has been reached.

An employee who at the date of signing of the collective agreement, has been employed for at least six (6) months and less than twelve (12) months shall receive one pay increment effective at the date of signing, unless the maximum has been reached. The pay increment period is of six (6) months starting at the six (6) month anniversary date of his appointment.

An employee whose twelve (12) month anniversary date of appointment coincides with or is subsequent to the date of signing of the collective agreement shall receive one pay increment effective at the date of signing, unless the maximum has been reached, and one more pay increment effective at the twelve (12) month anniversary date of his appointment, unless the maximum has been reached. The pay increment period is of six (6) months starting at the twelve (12) month anniversary date of his appointment.

An employee who at the date of signing of the collective agreement, has been employed for at least eighteen (18) months and less than twenty-four (24) months shall receive one pay increment effective at the date of signing, unless the maximum has been reached. The pay increment period is of six (6) months starting at the eighteen (18) month anniversary date of his appointment.

An employee appointed after the signature of this Agreement, whether he has been promoted, demoted or is newly entering the Public Service, shall receive his increment on the first Monday after the increment periods defined in notes (4) and (5) as from the date of the promotion, demotion or entry into the Public Service.

(a) A supplement of seven per cent (7%) of the employee's pay shall be added to the pay of the employee classified as TR-2 who is in:

(i) a combined translator-interpreter position where the work requires significant additions to the responsibilities of translators' positions, in the form of simultaneous interpretation functions corresponding to at least twenty-five per cent (25%) of working time;

(ii) a position of translator assigned to parliamentary service to translate the debates of the Senate and of the House of Commons, in the evening or at night, under pressure at all times, and in accordance with production standards which are qualitatively and quantitatively reasonable as determined by the Employer.

(b)

(i) An employee at the TR-2 level who on May 15, 1998, the date of signature of the agreement in principle on renewal of the Translation Group collective agreement which expired on 18 April 1997, was the incumbent of a designated specialist position, shall be entitled to salary protection equivalent to a seven per cent (7%) supplement calculated on the pay of this present agreement. This salary protection shall also apply to an employee at the TR-2 level who, as of the above-mentioned date, had made a written request for a review of his case for the purpose of obtaining this supplement, and is subsequently granted it as a result of the review.

(ii) This salary protection shall continue as long as the employee remains in the same bargaining unit.

(iii) The protection granted under (i) above shall continue in effect following a lateral transfer or a reinstatement at the TR-2 level.

(iv) Salary protection shall be definitively withdrawn from an employee referred to in paragraph (i) on a written request by the employee.

(c) A supplement of four per cent (4%) of the employee's pay shall be added to the pay of the employee classified as TR-3 who is the head of an isolated sub-section.

(d)

(i) A supplement of four per cent (4%) of the employee's pay shall be added to the pay of the employee classified as TR-2 or TR-3 who is in a multilingual position or who is assigned to the multilingual service and who translates :

(A) from two (2) official languages to one (1) aboriginal or foreign language,

(B) from one (1) aboriginal or foreign language to two (2) official languages,

(D) from one (1) official language to two (2) aboriginal or foreign languages

(ii) A supplement of seven per cent (7%) of the employee's pay shall be added to the pay of the employee classified as TR-2 or TR-3 who is in a multilingual position or who is assigned to the multilingual service and who translates from at least six (6) aboriginal or foreign languages to one (1) official language, or vice-versa.

(iii) For the purpose of interpreting this paragraph, "translates" means translation, revision or quality control.

(e) A supplement of four per cent (4%) of the employee's pay shall be added to the pay of the employee classified as TR-2 or TR-3 who occupies a terminologist position or is assigned to the terminology service and has oral and written proficiency in a third (3^rd) language which he uses in the performance of his duties in addition to the two (2) official languages.

(f) A supplement of sixty dollars ($60) shall be added to the pay of an employee who occupies an official languages interpreter position for each day during which, at the Employer's discretion, he performs foreign language interpretation, regardless of the type or duration of such interpretation. This supplement shall be paid annually after the end of the fiscal year.

(g) A supplement of seven dollars ($7) for each gross hour of televised interpretation shall be paid to an employee who interprets a debate or conference in the minority language as the sole interpreter assigned, or who interprets a debate or conference in the majority language as a member of a two-person (2) team. This supplement shall be paid twice (2) each fiscal year. For this purpose, total televised interpretation time shall be calculated to the nearest quarter (1/4) hour.

(h) A supplement of five dollars and fifty cents ($5.50) for each gross hour of interpretation shall be paid to an employee who interprets the debates of the House of Commons. This supplement shall be paid twice (2) each fiscal year. For this purpose, total interpretation time shall be calculated daily to the nearest quarter (1/4) hour.

(i) Article 15 shall apply to an employee who performs the functions of a position described in this clause on a temporary basis.

(j) A supplement of four per cent (4%) of the employee's pay shall be added to the pay of the employee classified as TR-3 assigned to the parliamentary service and who usually work in the evening or at night, under pressure at all times, or who also works in the evening or at night and can be assigned to the parliamentary debates service at a moment notice.

(k) A supplement of seven per cent (7%) of the employee's pay shall be added to the pay of the employee classified as TR-3 who occupies a position in conference interpretation in foreign languages.

(l) The above-mentioned supplements shall be rounded to the nearest dollar and shall be considered as pay for all purposes.

(m) An employee who completes his normal work day in accordance with the provisions of paragraph 12.01(b) shall receive an allowance of seven dollars ($7) per hour for each hour worked before 8:00 a.m. and after 6:00 p.m. This allowance shall be rounded up on a daily basis to the half-hour above. It shall not apply to overtime hours.

(a) Supplements 7(a), (b), (c), (d) and (e) are calculated from the A, B or C scales in Appendix A.

(b) Supplements 7(i) and (j) are calculated only from the B or C scales in Appendix A.

APPENDIX "B"

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TREASURY BOARD
AND
THE CANADIAN UNION OF PROFESSIONAL AND
TECHNICAL EMPLOYEES

If at any time during the life of the Translation Group Collective Agreement, the House of Commons changes its work schedule, the parties thereto agree to reopen Articles 12, Hours of Work, and 19, Parliamentary Leave and Interpretation Leave, upon request of either one.


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