Translation (TR) 313 (Archived)

List of Changes to the Agreement between the Treasury Board and The Canadian Association of Professional Employees - Translation

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01

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"Association" means the Canadian Association of Professional Employees (association),

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"bargaining unit" means all employees of the Employer in the Translation Group as described in the certificate issued by the Public Service Staff Relations Board on 17 December 2003 (unité de négociation),

ARTICLE 5
RIGHTS OF EMPLOYEES

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5.02 Recognition

The Employer recognizes the Association as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff Relations Board on the 17^th day of December 2003, covering employees of the Translation Group.

ARTICLE 12
HOURS OF WORK

12.01 Normal Work Week

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(h) Upon application by the employee, the Employer may authorize the employee to work his normal work day so it is different from that specified in paragraph 12.01(a). In such a case, the Employer shall consult the Association's head office beforehand.

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12.04 Interpreters

(a) On average, an interpreter's normal work day shall consist of six (6) hours of interpretation when part of a team of three (3) interpreters for a meeting in a single bilingual booth, (or a team of two (2) interpreters for a meeting in a trilingual booth), or approximately four (4) hours of interpretation when part of a team of two (2) interpreters for a meeting in a single bilingual booth.

(b) The number and make-up of the teams of interpreters shall be determined on the basis of the workload.

(i) For simultaneous interpretation, the minimum number is:

In the case of meetings involving two (2) working languages, three (3) interpreters in a single bilingual booth working for up to six (6) hours (it being understood that a team should not normally work for more than four (4) consecutive hours); or two (2) interpreters working for up to four (4) hours (it being understood that a team should not normally work for more than three (3) consecutive hours).

In the case of meetings involving three (3) working languages, at least two (2) interpreters per unilingual booth working for up to six (6) hours (it being understood that a team should not normally work for more than four (4) consecutive hours).

In the case of meetings involving four (4) working languages, at least two (2) interpreters per unilingual booth working for up to six (6) hours, and three (3) interpreters where conditions warrant (it being understood that a team should not normally work for more than four (4) consecutive hours).

At the House of Commons, teams shall consist of three (3) interpreters per booth and should not normally work for more than six (6) consecutive hours. The Employer, after consultation with the Association, shall establish the roster of interpreters accordingly.

(ii) For consecutive, elbow or escort interpretation, the number of interpreters on the team shall normally be at least two (2) interpreters working a six (6)-hour day.

(c) The total hours of work may vary depending on operational requirements. However, the hours of work shall be balanced on a monthly basis or, when possible, twice a month, with the Employer making every reasonable effort not to assign more than thirty-seven and one-half (37 1/2) hours of work per week, as a general rule. Work shall be calculated in hours, with one hour of interpretation equalling one point two-five (1.25) hours of work in the case of a team of three (3) interpreters (or a team of two (2) interpreters working in a single bilingual booth) and one point eight seven five (1.875) hours of work in the case of a team of two (2) interpreters in a meeting involving two working languages working in a single bilingual booth.

For elbow, consecutive or escort interpretation, one (1) hour of interpretation shall equal one point eight seven five (1.875) hours of work when the interpreter is alone and one point two five (1.25) hours of work when the interpreter is part of a team.

The calculation of hours of work shall include all duties expressly authorized by the Employer, as well as leaves and holidays.

(d) As a general rule, interpretation assignments shall be scheduled within time blocks that begin at the time the interpreter is required to report for duty and end twelve (12) hours later. The interpretation time of each assignment is counted in minutes, beginning at the time recorded on the interpreter's program and ending at the time the interpreter's presence is no longer required.

(e) Where operational requirements allow it, the Employer, when scheduling the interpreter's program, shall normally allow for a twelve (12)-hour interval between the end of the interpreter's work day and the start of his or her next time block.

(f) Where operational requirements allow it, the Employer shall grant the interpreter two (2) consecutive days of rest during each seven (7) calendar day period. Should it not be possible to grant such a rest period, these days of rest shall be reinstated as soon as possible through the operation of the monthly balancing process set out in paragraph (c) above.

(g) Pursuant to paragraph (c), the Employer shall post the interpreters' weekly and cumulative hours worked. Moreover, where the Conference Interpretation Service is concerned, the Employer shall post fortnightly the assignment program for the next two (2) weeks.

(h) An interpreter whose interpretation assignment is cancelled and who is not reassigned for an equivalent period during the same time block shall be deemed to have performed duties other than interpretation during the idle portion of the scheduled assignment.

(i) An interpreter who is required by the Employer to be on standby for a specified period shall remain available for the duration of that period at a known telephone number and shall stand ready to report for duty as quickly as possible if called. This period shall be deemed part of the time block for the purposes of paragraph (d).

ARTICLE 13
OVERTIME

13.02 General

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(a) All calculations for overtime shall be based on each completed quarter (1/4) hour.

13.10 Compensatory Leave

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(c) Compensatory leave credits earned but not used by the end of a twelve (12)-month period, as determined by the Employer and that remain outstanding by the end of the next four (4)-month period, shall be converted into cash by multiplying the number of credit hours by the straight-time hourly rate which applied to the employee on the last day of the twelve (12)-month period.

Compensatory leave credits earned under this paragraph shall be used before any other compensatory leave credits earned thereafter.

13.11 Meal Reimbursement

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(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 ten dollars fifty ($10.50) except when the meal has been provided free to the employee.

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(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 ten dollars fifty ($10.50), except when the meal has been provided free to the employee.

ARTICLE 14
TRAVELLING TIME

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14.06 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.

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14.07 Travel Status Leave

(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 paragraph 13.10(c).

(d) The provisions of this clause do not apply when the employee travels to attend courses, training sessions, professional conferences and seminars.

ARTICLE 15
PAY

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15.03

(a) The rates of pay set forth in Appendix "A" shall become effective on the dates specified.

(b) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this Agreement, the following shall apply:

(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefor;

(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the bargaining unit during the retroactive period;

(iii) for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is immediately shown below the rate of pay being received prior to the revision;

(iv) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay immediately shown below the rate of pay being received prior to the revision;

(v) no payment or no notification shall be made pursuant to paragraph 15.03(b) for one dollar ($1.00) or less.

ARTICLE 18
ANNUAL LEAVE

18.01 Credits

(a)

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(vii) eighteen decimal seven five (18.75) 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 (thirty (30) days per year).

ARTICLE 20
SICK LEAVE

20.03 Advance of Credits

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(a) When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 20.02, advanced sick leave with pay may, at the discretion of the Employer, be granted to an employee to cover one or several periods of sick leave for a total overdraft of twenty-five (25) days, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

ARTICLE 21
OTHER LEAVE

21.07 Parental Allowance

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(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

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(ii) for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period;

21.09 Leave Without Pay for the Care of Immediate Family

Transitional provisions

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An employee shall be granted leave without pay for the care of immediate family in accordance with the following conditions:

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(e) Leave granted for a period of less than one (1) year shall be scheduled in a manner which ensures continued service delivery.

21.10 Leave Without Pay for Personal Needs

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(c) An employee is entitled to leave without pay for personal needs twice under each of (a) and (b) of this clause during his total period of employment in the Public Service. At least ten (10) years must have elapsed before the second use of the leave as provided under each of (a) and (b) of this clause. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.

21.12 Leave With Pay for Family-Related Responsibilities

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(a) For the purposes of sub-paragraphs (b)(i), (ii) and (iii) only, "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).

(b)

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(iii) up to five (5) consecutive days of 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.

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(iv) only once in the employee's career in the Public Service, up to five (5) consecutive days for any other responsibilities provided that the employee gives the Employer at least five (5) days' notice unless otherwise agreed by the employee and the Employer. The employee must have completed one (1) year of continuous employment in the Public Service.

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21.22 Volunteer Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

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21.23 Personal Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day of leave with pay for reasons of a personal nature.

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

ARTICLE 26
WORK AREAS

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The Employer shall undertake to consult in the spirit of clauses 31.02, 31.03 and 31.04 of this collective agreement the Association'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 34
PART-TIME EMPLOYEES

34.01 General

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(d) Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for the part-time employee to work on a day which is not part of his normal scheduled weekly hours of work.

34.04 Annual Leave

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(g) when the entitlement is eighteen decimal seven five (18.75) hours a month, .500 multiplied by the number of hours in the employee's workweek per month.

ARTICLE 36
NATIONAL JOINT COUNCIL (NJC) AGREEMENTS

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(1) Foreign Service Directives

**ARTICLE 38
PROFESSIONNAL FEES

38.01 Upon receipt of proof of payment, the Employer shall reimburse the employee up to six hundred dollars ($600) for the annual dues payable to one (1) of the professional association members of the Canadian Translators, Terminologists and Interpreters Council when the payment of such dues is required for the performance of the duties of that employee's position.

38.02 If payment of said dues is not required for the performance of the duties of that employee's position, but eligibility for the professional status conferred by one (1) of these associations constitutes a qualification under the selection and evaluation standards for the Translation Group, the Employer shall reimburse the employee for the annual dues paid, up to the amount set in 38.01.

ARTICLE 39
TERM OF AGREEMENT

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39.01 The duration of this Collective Agreement shall be from the date it is signed to 18 April 2005.

**APPENDIX "A"

TRANSLATION GROUP
ANNUAL RATES OF PAY
(in dollars)

X) Pay Equity Adjustment Effective April 19, 2003
A) Effective April 19, 2003
B) Effective April 19, 2004

PAY NOTES

Pay Adjustments

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1. Adjustments respecting TR-1s, TR-2s, TR-3s, TR-4s and TR-5s

Subject to notes (2) and (3), an employee being paid in the TR-1, TR-2, TR-3, TR-4, or TR-5 scale of rates shall be paid, as of the effective dates of the X, A, or B scales, at the rate shown immediately below his rate the day before.

Pay Increment for Full Time and Part-Time Employees

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2. Employee paid in the TR-2, TR-3, TR-4 or TR-5 scale of rates

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.

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A part-time employee in the TR-2, TR-3, TR-4 or TR-5 scale of rates who on the date of signing of the collective agreement, has been at his actual rate of pay for at least twelve (12) months shall receive one pay increment effective at the date of signing, unless the maximum has been reached. The next pay increment will be calculated from this date.

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3. Employee paid in the TR-1 scale of rates

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.

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A part-time employee in the TR-1 scale of rates who on the date of signing of the collective agreement, has been at his actual rate of pay for at least six (6) months shall receive one pay increment effective at the date of signing, unless the maximum has been reached. The next pay increment will be calculated from this date.

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4. First Pay Increment

The pay increment date for an employee, appointed on or after the date of signing of this collective agreement, to a position in the bargaining unit upon promotion, demotion or from outside the Public Service, shall be the anniversary date of such an appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the signing date of this collective agreement, remains unchanged.

Pay Supplements

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6.

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