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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
NOTA BENE:
The provisions of the Collective Agreement covering the employees of the Correctional Group (Supervisory) are
identical except for the following two provisions contained in the Correctional Group (Non-Supervisory) Collective
Agreement.
2.01 For the purpose of this Agreement:
(c) "bargaining unit" means the employees of the Employer in the Correctional Group, Operational Category,
whose duties include the supervision of other employees in that occupational group, as described in the certificate
issued by the Public Service Staff Relations Board on March 13, 2001;
7.01 The Employer recognizes the Bargaining Agent as the exclusive bargaining agent for all employees
described in the certificate issued by the Public Service Staff Relations Board on the thirteenth (13th) day
of March 2001, covering employees of the Correctional Group whose duties include the supervision of other
employees.
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between
the Employer, the Bargaining Agent and the employees and to set forth herein certain terms and conditions of employment
for all employees described in the certificates issued by the Public Service Staff Relations Board on March 13, 2001
covering employees in the Correctional Group.
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.
2.01 For the purpose of this Agreement:
(a) "Bargaining Agent" means the Union of Canadian Correctional Officers - Syndicat des agents correctionnels
du Canada - CSN (agent négociateur);
(b) "allowance" means compensation payable for the performance of special or additional duties
(indemnité);
(c) "bargaining unit" means the employees of the Employer in the Correctional Group, Operational Category,
whose duties do not include the supervision of other employees in that occupational group, as described in the
certificate issued by the Public Service Staff Relations Board on March 13, 2001 (unité de négociation);
(d) "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);
(e) "daily rate of pay" means an employee's weekly rate of pay divided by five (5) (taux de rémunération
journalier);
(f) "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);
(g) "employee" means a person so defined in the Public Service Staff Relations Act, and who is a
member of one of the bargaining units specified in Article 7 (employé-e);
(h) "Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any
person authorized to exercise the authority of the Treasury Board (Employeur);
(i) "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;
(j) "hourly rate of pay" means a full-time employee's weekly rate of pay divided by
thirty-seven point five (37.5) (taux de rémunération)
(k) "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);
(l) "leave" means authorized absence from duty by an employee during his or her regular or normal hours of
work (congé);
(m) "membership dues" means the dues established pursuant to the constitution of the Bargaining Agent as the
dues payable by its members as a consequence of their membership in the Bargaining Agent, and shall not include any
initiation fee, insurance premium, or special levy (cotisations syndicales);
(n) "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);
(o) a "common-law spouse" relationship exists when, for a continuous period of at least one 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);
(p) "straight-time rate" means the employee's hourly rate of pay (tarif normal);
(q) "overtime" means (heures supplémentaires):
(i) in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work;
or
(ii) in the case of a part-time employee, authorized work in excess of the normal daily or weekly hours of work of a
full-time employee specified by this collective agreement but does not include time worked on a holiday;
(r) "time and one-half" means one and one-half (1 1/2) times the employee's hourly rate of pay (tarif et
demi);
(s) "double time" means two (2) times the employee's hourly rate of pay (tarif double);
(t) "weekly rate of pay" means an employee's annual rate of pay divided by fifty-two point one seventy-
six (52.176) (taux de rémunération hebdomadaire).
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 Bargaining Agent, 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 The Employer recognizes the Bargaining Agent as the exclusive bargaining agent for all employees
described in the certificate issued by the Public Service Staff Relations Board on the thirteenth (13th) day
of March 2001, covering employees of the Correctional Group whose duties do not include the supervision of other
employees.
8.01 The Employer acknowledges the right of the Bargaining Agent to appoint or otherwise select employees as
representatives.
8.02 The Bargaining Agent 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.
8.03 The Bargaining Agent shall notify the Employer in writing of the name and jurisdiction of its
representatives identified pursuant to clause 8.02.
8.04
(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 Bargaining Agent 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).
8.05 The Bargaining Agent 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.
9.01 Reasonable space on bulletin boards, including electronic bulletin boards where available, will be made
available to the Bargaining Agent for the posting of official Bargaining Agent notices. The Bargaining Agent 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 Bargaining Agent, including the
names of Bargaining Agent representatives, and social and recreational events. Such approval shall not be unreasonably
withheld.
9.02 The Employer will also continue its present practice of making available to the bargaining agent
specific locations on its premises, and where it is practical to do so, for the placement of reasonable quantities of
literature of the bargaining agent.
9.03 A duly accredited representative of the Bargaining Agent may be permitted access to the Employer's
premises 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.
9.04 The Bargaining Agent shall provide the Employer a list of such Bargaining Agent representatives and
shall advise promptly of any change made to the list.
10.01 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.
10.02 The Bargaining Agent shall inform the Employer in writing of the authorized monthly deduction to be
checked off for each employee.
10.03 For the purpose of applying clause 10.01, 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.
10.04 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.
10.05 No employee organization, as defined in Section 2 of the Public Service Staff Relations Act,
other than the Bargaining Agent, shall be permitted to have membership dues and/or other monies deducted by the
Employer from the pay of employees in the bargaining unit.
10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Comptroller of the
Bargaining Agent 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.
10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis
of the production of appropriate documentation.
10.08 The Bargaining Agent 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.
11.01 The Employer agrees to supply the Bargaining Agent each quarter with the name, geographic location and
classification of each new employee.
11.02 The Employer agrees to supply each employee with a copy of the collective agreement and will endeavour
to do so within one (1) month after receipt from the printer.
12.01 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.
13.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of
interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work
for the Employer.
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 Bargaining
Agent making a complaint.
14.02 When operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Bargaining Agent 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 Bargaining
Agent.
14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of
employees representing the Bargaining Agent 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 Bargaining Agent.
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 Bargaining Agent 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 or her 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,
(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.
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 Bargaining Agent.
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.
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 Bargaining Agent.
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 Bargaining Agent, meetings of the National Executive
of the Components, Executive Board meetings of the Bargaining Agent, and conventions of the Bargaining Agent, 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 Bargaining Agent to undertake training related to the
duties of a representative.
15.01 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.
16.01 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.
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 Bargaining Agent attend the meeting. Where practicable, the
employee shall receive a minimum of two (2) days notice of such a meeting.
**
17.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of
an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to
appear at the administrative enquiry, hearing or investigation being conducted, he or she may be accompanied by an
employee representative. The unavailability of the representative will not delay the inquiry, hearing or investigation
more than forty-eight (48) hours from the time of notification to the employee.
**
17.04 The Employer shall notify the local representative of the Bargaining Agent as soon as possible that
such suspension, termination or financial penalty has occurred. Where a verbal or written reprimand has occurred, the
Employer shall notify the local representative of the Bargaining Agent at the request of the employee.
**
17.05 When notification in writing is given to an employee that he or she is the subject of a disciplinary
investigation, the employee shall be provided concurrently with a copy of the order convening the investigation.
**
17.06 Upon request, the employee shall be provided the opportunity to tape record his or her interview.
**
17.07 Subject to the Access to Information and Privacy Act, the Employer shall provide the employee
access to the information used during the disciplinary investigation.
17.08 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.
17.09 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 The Employer shall make reasonable provisions for the occupational safety and health of employees. The
Employer will welcome suggestions on the subject from the Bargaining Agent, 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.
19.01 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.
19.02 Within five (5) days of notification of consultation served by either party, the Bargaining Agent shall
notify the Employer in writing of the representatives authorized to act on behalf of the Bargaining Agent for
consultation purposes.
19.03 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.
19.04 Without prejudice to the position the Employer or the Bargaining Agent 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.
20.01 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 7.0 of the NJC
By-Laws.
20.02 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 20.05 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
Bargaining Agent.
**
20.03 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) level 2 - intermediate level;
(c) final level - Deputy Head or Deputy Head's authorized representative.
20.04 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 Bargaining Agent.
20.05 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.
20.06 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.
20.07 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.
20.08 An employee may be assisted and/or represented by the Bargaining Agent when presenting a grievance at
any level.
20.09 The Bargaining Agent 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.
20.10 An employee may present a grievance to the First (1st) Level of the procedure in the manner
prescribed in clause 20.05 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.
20.11 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.
20.12 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.
20.13 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.
20.14 Where an employee has been represented by the Bargaining Agent in the presentation of his or her
grievance, the Employer will provide the appropriate representative of the Bargaining Agent 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.
20.15 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.
20.16 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.
20.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer
and the employee and, where appropriate, the Bargaining Agent representative.
20.18 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 Bargaining Agent.
20.19 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.
20.20 An employee may abandon a grievance by written notice to his or her immediate supervisor or
officer-in-charge.
20.21 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.
20.22 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.
20.23 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.
20.24 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 Bargaining Agent 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.
Hours of Work
Day Work
21.01 When hours of work are scheduled for employees on a regular basis, they shall be scheduled so that
employees:
(a) on a weekly basis, work thirty-seven and one-half (37 1/2) hours and five (5) days per week, and obtain
two (2) consecutive days of rest,
(b) on a daily basis, work seven and one-half (7 1/2) hours per day.
Shift Work
21.02 When, because of the operational requirements of the service, hours of work are scheduled for employees
on a rotating or irregular basis:
(a) they shall be scheduled so that employees:
(i) on a weekly basis, work an average of thirty-seven and one-half (37 1/2) hours,
and
(ii) on a daily basis, work eight (8) hours per day.
**
(b) every reasonable effort shall be made by the Employer:
(i) not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's previous
shift,
(ii) to ensure an employee assigned to a regular shift cycle shall not be required to change his or her shift more
than once during that shift cycle without his or her consent except as otherwise required by a penitentiary
emergency,
and
(iii) to avoid excessive fluctuations in hours of work;
(c) they shall, except as otherwise required by a penitentiary emergency, be scheduled so that each shift ends not
later than nine (9) hours after its commencement,
(d) they shall be scheduled so that an employee will not be regularly scheduled to work more than
eight (8) consecutive calendar days. Exceptions may be scheduled at the request of an employee and with the approval of
the Employer, or after consultation between the Employer and the Bargaining Agent,
(e) they shall be averaged over a period (in weeks) no greater than the product of two (2) times the number of
correctional officer positions at the same classification level at an institution,
(f) an employee shall obtain at least two (2) consecutive days of rest at any one time.
21.03
**
(a) Shift schedules shall be posted at least fourteen (14) calendar days in advance of the starting date of the new
schedule in order to provide an employee with reasonable notice as to the shift he or she will be working. The shift as
indicated in this schedule shall be the employee's regularly scheduled shift.
(b) The Employer agrees that, before a schedule of working hours is changed, the change will be discussed with the
authorized representative of the Bargaining Agent if the change will affect a majority of the employees governed by the
schedule.
(c) Within five (5) days of notification of consultation served by either party, the Bargaining Agent shall notify
the Employer in writing of the representative authorized to act on behalf of the Bargaining Agent for consultation
purposes.
**
(d) An employee whose regularly scheduled shift is changed without forty-eight (48) hours prior notice shall be
compensated at the rate of time and one-half (1 1/2) for the first (1st) full shift worked on the new
schedule. Subsequent shifts worked on the new schedule shall be paid for at the straight-time.
General
21.04 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or
maximum hours of work.
21.05 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.
**
21.06 After meaningful consultation with the appropriate Bargaining Agent local, the Employer will arrange
equitable rotation of employees through shifts and post/work assignments. The special needs of employees and the
operational requirements of the Service shall be considered in the decision-making process.
21.07 Except as may be required in a penitentiary emergency, the Employer shall:
(a) permit a Correctional Officer to take a reasonable amount of time to eat a lunch or meal during any shift,
and
(b) notwithstanding paragraph (a) above, a Correctional Officer may be required to eat the lunch or meal at his or
her work location when the nature of the duties makes it necessary.
21.08 For the purpose of Clause 21.07, lunch or meal periods for each shift shall be sometime during the
following hours:
Day Shift - 11:00 to 13:00 hours (11 a.m. to 1 p.m.)
Evening Shift - 17:00 to 19:00 hours (5 p.m. to 7 p.m.)
Night Shift - 02:30 to 05:30 hours (2:30 a.m. to 5:30 a.m.)
21.09 Where an employee's scheduled shift does not commence and end on the same day, such shift shall be
deemed for all purposes 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.
**
21.10 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,
(b) to allocate overtime work to employees at the same group and level as the position to be filled, i.e.: CX-1 to
CX-1, CX-2 to CX-2, etc.;
and
(c) to give employees who are required to work overtime adequate advance notice of this requirement.
21.11 The Bargaining Agent is entitled to consult the Commissioner or the commissioner's representative
whenever it is alleged that employees are required to work unreasonable amounts of overtime.
21.12 Overtime Compensation
Subject to Clause 21.13, an employee is entitled to time and one-half (1 1/2) compensation for each hour of overtime
worked by the employee.
21.13 Subject to Clause 21.14, an employee is entitled to double (2) time for each hour of overtime worked by
him or her,
(a) on the employee's second or subsequent day of rest, (second or subsequent day of rest means the second or
subsequent day in an unbroken series of consecutive and contiguous calendar days of rest),
or
(b) after eight (8) hours of overtime in a calendar day,
or
(c) in excess of eight (8) consecutive hours of overtime in any contiguous period of overtime,
(d) in the case of an emergency as determined by the Employer, when an employee is required to work more than
twenty-four (24) consecutive hours, the employee shall be compensated at the rate of double (2) time for all hours
continuously worked in excess of twenty-four (24) hours.
21.14 An employee is entitled to overtime compensation for each completed fifteen (15) minute period of
overtime worked by him or her.
**
21.15 Overtime Meal Allowance
(a) An employee who works three (3) or more hours of overtime immediately before or following the scheduled hours of
work shall be reimbursed expenses for one (1) meal in the amount of nine dollars ($9.00) except where a free meal is
provided.
(b) When an employee works overtime continuously beyond the period provided in (a) above, he or she shall be
reimbursed for one (1) additional meal in the amount of nine dollars ($9.00) for each four (4) hour period of overtime
worked thereafter, except where a free meal is provided.
(c) 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 his or her place of work.
(d) 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.
Effective June 1st, 2001:
(a) An employee who works three (3) or more hours of overtime immediately before or following the scheduled hours of
work shall be reimbursed expenses for one (1) meal in the amount of nine dollars and fifty cents ($9.50) except where a
free meal is provided.
(b) When an employee works overtime continuously beyond the period provided in (a) above, he or she shall be
reimbursed for one (1) additional meal in the amount of nine dollars and fifty cents ($9.50) for each four (4) hour
period of overtime worked thereafter, except where a free meal is provided.
(c) 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 his or her place of work.
(d) 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.
22.01 If an employee reports for work on the employee's scheduled shift, the employee shall be paid for the
time actually worked, or a minimum of four (4) hours' pay at straight-time, whichever is the greater.
22.02 Time spent by the employee reporting to work or returning to his or her residence shall not constitute
time worked.
22.03 Payments provided under Call-Back and Reporting Pay shall not be pyramided, that is an employee shall
not receive more than one compensation for the same service.
23.01 An employee, who is required by subpoena or summons to attend as a witness, or a defendant, or a
plaintiff in an action against an inmate or any other person, in any of the proceedings specified in Clause "30.17",
sub-clause "C" of this Agreement, as a result of the employee's actions in the performance of his or her authorized
duties, shall be considered on duty and shall be paid at the applicable rate of pay and shall be reimbursed for
reasonable expenses incurred for transportation, meals and lodging as normally defined by the Employer.
24.01 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. Such maximum shall include any reporting pay
pursuant to clause 22.03 of this collective agreement;
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 24.01(c)(i) above, does not apply to part-time employees. Part-time employees
will receive a minimum payment in accordance with clause 35.11 of this collective agreement.
24.02 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.
24.03 Payments provided under the Overtime, Reporting Pay, Designated Paid Holiday and Standby provisions of
this collective agreement and clause 24.01 above shall not be pyramided, that is an employee shall not receive more
than one compensation for the same service.
An employee working on shifts, half (1/2) or more of the hours of which are regularly scheduled between 3:00 p.m.
and 7:00 a.m., will receive a shift premium of one dollar and sixty cents ($1.60) per hour for all hours worked,
including overtime hours, between 3:00 p.m. and 7:00 a.m. The shift premium will not be paid for hours worked between
7:00 a.m. and 3:00 p.m.
Effective June 1st, 2001:
An employee working on shifts, half (1/2) or more of the hours of which are regularly scheduled between 3:00 p.m.
and 7:00 a.m., will receive a shift premium of one dollar and seventy-five cents ($1.75) per hour for all hours worked,
including overtime hours, between 3:00 p.m. and 7:00 a.m. The shift premium will not be paid for hours worked between
7:00 a.m. and 3:00 p.m.
25.02 Weekend Premium
(a) An employee working on shifts during a weekend will receive an additional premium of one dollar and sixty cents
($1.60) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.
Effective June 1st, 2001:
An employee working on shifts during a 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 and/or Sunday.
(b) Where Saturday and Sunday are not recognized as the weekend at a mission abroad, the Employer may substitute
two (2) other contiguous days to conform to local practice.
26.01 Subject to clause 26.02, 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 (1) additional day in each year that, in the opinion of the Employer, is recognized 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 recognized as a provincial or civic holiday, the first Monday in August,
(l) one (1) additional day when proclaimed by an Act of Parliament as a national holiday.
26.02 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
Bargaining Agent Business.
26.03 When a day designated as a holiday under clause 26.01 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.
When two (2) days designated as holidays under clause 26.01 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.
26.04 When a day designated as a holiday for an employee is moved to another day under the provisions of
clause 26.03:
(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.
26.05 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 regular daily scheduled hours of work as specified in Article 21 of this collective agreement 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.
26.06 When an employee is required to report for work and reports on a designated holiday, the employee shall
be paid the greater of:
(a) compensation in accordance with the provisions of clause 26.05;
or
(b) three (3) hours pay at the applicable overtime rate of pay.
26.07 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.
26.08 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.
26.09 Where operational requirements permit, the Employer shall not schedule an employee to work both
December 25 and January 1 in the same holiday season.
26.10 Subject to the operational requirements of the service the Employer shall make every reasonable effort
to allocate, on an equitable basis, work in vacant posts on designated paid holidays to those employees on leave with
pay who are readily available and qualified.
27.01 For the purposes of this collective agreement, travelling time is compensated for only in the
circumstances and to the extent provided for in this article.
27.02 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 27.03 and 27.04.
Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer
than three (3) hours.
27.03 For the purposes of clauses 27.02 and 27.04, the travelling time for which an employee shall be
compensated is as follows:
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.
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.
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.
27.04 If an employee is required to travel as set forth in clauses 27.02 and 27.03:
(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.
27.05 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 26, Designated Paid Holidays, and Article 21, Work and
Hours, Overtime of this collective agreement.
27.06 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.
28.01 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.
28.02 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.
28.03 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.
28.04 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.
28.05 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under
suspension.
28.06 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.
28.07 An employee shall not earn leave credits under this collective 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.
Vacation Year
29.01 The vacation year shall be from April 1st to March 31st inclusive of the
following calendar year.
Accumulation of Vacation Leave Credits
**
29.02 An employee who has earned at least ten (10) days' full pay during any calendar month of a vacation
year shall earn vacation leave credits at the following rates provided the employee has not earned credits in another
bargaining unit with respect to the same month:
(a) one and one-quarter (1 1/4) days until the month in which the anniversary of the employee's
eighth (8th) year of service occurs;
(b) one and two-third (1 2/3) days commencing with the month in which the employee's
eighth (8th) anniversary of service occurs;
(c) one and eleven-twelfth (1 11/12) days commencing with the month in which the employees seventeenth
(17th) anniversary of service occurs;
(d) two and one-twelfth (2 1/12) days commencing with the month in which the employee's
eighteenth (18th) anniversary of service occurs;
(e) two and one-third (2 1/3) days commencing with the month in which the employees twenty-eighth (28th)
anniversary of service occurs;
(f) two and one-half (2 1/2) days commencing with the month in which the employee's
twenty-nine (29th) anniversary of service occurs;
(g) however, an employee who has received or is entitled to receive furlough leave shall have his or her vacation
leave credits earned under this Article, reduced by five twelfths (5/12ths) 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;
29.03
(a) For the purpose of clause 29.02 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 year following the date of lay-off.
(b) Notwithstanding (a) above an employee who was a member of the bargaining unit on May 18, 1989 or an employee who
becomes a member of the bargaining unit between May 18, 1989 and May 31, 1990 shall retain, for the purpose of
"service" and of establishing his or her vacation entitlement pursuant to this Article, 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.
Entitlement to Vacation Leave With Pay
29.04 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 may receive an advance of credits equivalent to
the anticipated credits for the vacation year.
29.05 If at the end of a vacation year, an employee's entitlement to vacation leave with pay includes a
fractional entitlement of less or more than one-half (1/2) day, the entitlement shall be increased to the nearest
half (1/2) day.
Granting of Vacation Leave With Pay
29.06 Employees are expected to take all their vacation leave during the vacation year in which it is
earned.
29.07 The Employer shall, subject to the operational requirements of the service, make reasonable effort
to:
(a) grant the employee vacation leave for at least two (2) consecutive weeks provided notice is given prior to
May 31st of any vacation year;
(b) grant the employee vacation leave on any other basis if the employee gives the Employer at least two (2) days'
advance notice for each day of leave requested.
29.08 The Employer may for good and sufficient reason grant vacation leave on shorter notice than that
provided for in clause 29.07.
29.09 When, after December 1st of any vacation year, vacation leave has not been scheduled or
taken by an employee, the Employer may schedule such leave during the remainder of the vacation year providing written
notice is given to the employee seven (7) calendar days in advance.
29.10 The Employer shall give the employee as much notice as is reasonable that a request for vacation or
furlough leave has not been approved. Such notice shall be in writing.
29.11 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.
29.12 The Employer agrees that, once a year before scheduling vacation leave, consultation shall take place
at each institution with the local authorized representative of the Bargaining Agent, to determine the minimum number
of correctional officers of each level who may be granted vacation leave at the same time based on the operational
requirements of the institution.
Carry-Over Provisions
29.13 When operational requirements prevent an employee from using all the vacation leave credited to the
employee, the unused portion of the employee's vacation leave shall be carried over into the following vacation
year.
29.14 The Employer will make reasonable effort to comply with a request made by the employee before
December 1st that he or she be permitted to carry over into the following vacation year, any period of
vacation leave up to five (5) days earned by the employee in the current vacation year. Carry-over beyond one (1) year
shall be by mutual consent but in any event the total accumulation shall not exceed twenty-five (25) days.
Recall from Vacation Leave With Pay
29.15
(a) Subject to the operational requirements of the Service, the Employer will make every reasonable effort not to
recall an employee to duty after the employee has proceeded on vacation leave with pay.
(b) When, during any period of vacation leave with pay, an employee is recalled to duty, the employee shall be
reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:
(i) 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.
(c) The employee shall not be considered as being on vacation leave during any period in respect of which the
employee is entitled under Clause 29.15(b) to be reimbursed for reasonable expenses incurred by the employee.
Leave When Employment Terminates
29.16 When an employee dies or otherwise ceases to be employed, the employee's estate shall be paid an amount
equal to the product obtained by multiplying the number of days of earned but unused vacation and furlough leave with
pay to the employee's credit by the daily rate of pay to which the employee is entitled by virtue of the certificate of
appointment in effect at the time of the termination of the employee's employment.
29.17 Notwithstanding clause 29.16, 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 29.16, if he or she requests it in writing within six (6) months following
the date upon which his or her employment is terminated.
29.18 Notwithstanding clause 29.16. 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.
Advance Payments
29.19 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.
29.20 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 departure. Any overpayments in respect of such pay advances
shall be an immediate first (1st) charge against any subsequent pay entitlements and shall be recovered in
full prior to any further payment of salary.
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