Correctional Services (Non-Supervisory and Supervisory) (CX) 601, 651 (Archived)

1. The new Employer will have in place, or Her Majesty in right of Canada will require the new Employer to put in place, reasonable pension arrangements for transferring employees. The test of "reasonableness" will be that the actuarial value (cost) of the new Employer pension arrangements will be at least 6.5 per cent (6.5%) of pensionable payroll, which in the case of defined-benefit pension plans will be as determined by the Assessment Methodology developed by Towers Perrin for the Treasury Board, dated October 7, 1997. This Assessment Methodology will apply for the duration of this agreement. Where there is no reasonable pension arrangement in place on the transfer date or no written undertaking by the new Employer to put such reasonable pension arrangement in place effective on the transfer date, subject to the approval of Parliament and a written undertaking by the new Employer to pay the Employer costs, Public Service Superannuation Act (PSSA) coverage could be provided during a transitional period of up to a year.

2. Benefits in respect of service accrued to the point of transfer are to be fully protected.

3. Her Majesty in right of Canada will seek portability arrangements between the Public Service Superannuation Plan and the pension plan of the new Employer where a portability arrangement does not yet exist. Furthermore, Her Majesty in right of Canada will seek authority to permit employees the option of counting their service with the new Employer for vesting and benefit thresholds under the PSSA.

Annex B

For indeterminate seasonal and part-time employees, the TSM will be pro-rated in the same manner as severance pay under the terms of this Agreement.

APPENDIX "C"

OVERTIME MEAL ALLOWANCE

In view of the unique requirements found in the Correctional Service of Canada, and for the duration of the Correctional Services Group Collective Agreement (Non-Supervisory and Supervisory) which will expire on May 31, 2002, the Employer agrees to the following interpretation and application of the Overtime Meal Allowance.

1. The Overtime Meal Allowance will not be paid when an employee is provided with a meal(s) at departmental expense.

2. The "free meal" to be provided in lieu of the Overtime Meal Allowance means a regular full course meal as prepared in the institution where the employee is employed.

3. A snack or sandwiches will not be considered by the Employer as a full course meal.

4. Notwithstanding the provisions of clause 21.15, when there is a reasonable expectation that an employee will work the full eight (8) hours' overtime shift, the first (1^st) meal break will be allowed prior to the working of the first three (3) hours of overtime, and the second (2^nd) meal break will be allowed after approximately four (4) hours of overtime have been worked.

5. Where an employee is scheduled to work overtime on a day of rest or on a designated paid holiday, the provisions of clause 21.15, and this appendix, shall be applicable to the employee only with respect to such additional overtime hours which the employee may work in excess of the employee's prior scheduled hours of overtime on that day without prior notification.

6. In the event that the Employer is unable to grant an employee reasonable time off with pay for the purpose of taking an overtime meal break, in lieu thereof the employee shall receive an additional one-half (1/2) hour of overtime compensation at the same overtime rate of the shift completed.

APPENDIX "D"

INMATE ESCORTS

For the duration of the Correctional Services Group Collective Agreement (Non-Supervisory and Supervisory) which will expire on May 31, 2002, the Employer agrees to the following:

1. To the extent practicable, the Employer will endeavour to avoid assigning Correctional Officers on inmate escorts on other than their regular working days.

2. When an officer is required to escort an inmate outside of the Headquarters area the employee will be compensated as follows:

(a) the total period during which the officer is escorting the inmate or has the inmate under visual surveillance will be considered as time worked and the officer will be compensated at the applicable straight time and/or overtime rate;

(b) an officer who is required to escort inmates at a time which is outside the officer's normal regular scheduled hours of work will be compensated at the applicable overtime rates;

(c) an officer who escorts an inmate for a period of less than eight (8) hours will receive his or her regular pay for the day, that is eight (8) hours. However, on these occasions, where practicable, an officer may be required to perform other correctional officer duties for the balance of the eight (8) hour period;

(d) on a statutory holiday or on a day of rest the employee will be compensated at the applicable overtime rate for the actual hours worked but in any event, no less than the equivalent of eight (8) hours at the straight-time rate;

(e) all hours included between the time of reporting to the institution until the time of return shall be considered as hours worked when these hours are consecutive without interruption by overnight stopover for a suitable rest period;

(f) when an officer's journey is interrupted by an overnight stopover the officer will be paid up to the time of the officer's arrival at his or her destination including normal travelling time to register at a hotel and will be paid for normal travelling time from the hotel to the officers point of departure. Thus, all hours between the normal time of registration at the hotel until the time of departure from the hotel will not be considered as hours worked;

(g) on an inbound or outbound journey, without an inmate, the officer will be compensated for the first eight (8) hours as if the officer had been working and the remaining time in travel to be compensated at the applicable overtime rate to a maximum of twelve (12) hours at the straight-time rate;

(h) on the return journey after a stopover and when escorting an inmate, the officer will be compensated as in paragraph (a) above;

(i) when a Correctional Officer, who has been performing escort duty outside the officer's Headquarters area, does not have a reasonable rest period between the completion of the officer's escort duty and the start of his or her next scheduled shift, the officer will not be required to perform his or her duties for that day, however, the officer will receive a day's pay and the eight (8) hours will be deducted from the compensation earned during the period of escort.

3. When an officer is required to escort an inmate outside of the officer's Headquarters area the officers will be subject to the following travelling conditions:

(a) an officer will be reimbursed for reasonable expenses incurred as normally defined by the Employer;

(b) an officer who is required to escort an inmate on a journey involving at least nine (9) hours will be given an overnight stopover whenever it is expected that the journey will exceed twelve (12) hours from the time of departure from the institution to the time of return to the institution;

(c) whenever it is expected that an officer may be required to drive more than eighty (80) kilometers (fifty (50) miles) in any day beyond the number of kilometers normally defined by the Employer the officer will be given an overnight stopover.

APPENDIX "E"

VARIABLE HOURS OF WORK

1. Notwithstanding the provisions of Article 21 of the Correctional collective agreement, correctional services employees employed in correctional institutions may, with the approval of the Employer, complete their weekly hours of employment in a period other than five full days provided that over a period to be determined by the Employer, employees work an average of thirty-seven and one-half (37 1/2) hours per week. In every such period, employees shall be granted days of rest on days not scheduled as normal work days for them.

2. Notwithstanding anything to the contrary contained in the Correctional collective agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of the Correctional collective agreement.

3. Any hours-of-work arrangement in accordance with paragraph 1 of this Appendix may be at the request of either party and must be mutually agreed between the Employer and the majority of employees affected and shall apply to all employees at the correctional institution.

4. Any special arrangement established under this Appendix shall be subject to the provisions of Article 34 of this agreement.

5. Hours-of-work arrangements that have been implemented at a correctional institution in accordance with this Appendix may be discontinued at the request of either party, provided at least thirty (30) days written notice is provided, or earlier if mutually agreed.

APPENDIX "F"

The parties agree to establish a joint committee comprised of on an equal number of employees and Employer representatives for the purpose of comparing the duties, working conditions and wage rates of persons employed in the Correctional Group bargaining units and those of uniformed Royal Canadian Mounted Police officers and correctional officers in provincial jurisdictions. This committee shall meet by July 1, 1999 and shall report its conclusions within nine months.

MEMORANDUM OF UNDERSTANDING 00-1

REMOVAL FROM DUTIES PENDING THE OUTCOME OF DISCIPLINARY INVESTIGATIONS IN REGARDS TO INCIDENTS INVOLVING OFFENDERS

This memorandum is to give effect to the agreement reached between the Employer and the Bargaining Agent in respect to the removal of employees from regular duties pending the outcome of disciplinary investigations in regards to incidents involving offenders.

The parties acknowledge the unique nature of the work performed by Correctional Officers, providing a safe environment in which all correctional professionals can do their work with offenders. In order to maintain this secure environment, respect for officers and respect for the rule of law is essential.

To that end, the parties agree that when an employee is removed from his or her duties pending the outcome of a disciplinary investigation in regards to incidents involving offenders, the Managers guide to Staff Discipline will provide direction of such removal. The parties agree to engage in meaningful consultation in the event changes to the Guide to Staff Discipline as it pertains to the removal of employees from duties pending the outcome of disciplinary investigations in regards to incidents involving offenders, are being considered for amendment.


Français	Contact Us	Help	Search	Canada Site
What's New	About Us	Policies	Site Map	Home