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however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B). ** (b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C). (c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following: (i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance pregnancy benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period, and (ii) for each week that the employee receives a pregnancy benefit pursuant to Section 22 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance pregnancy benefit she is eligible to receive and ninety-three per cent (93%) of 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 she would have been eligible if no extra monies had been earned during this period. ** (d) At the employee's request, the payment referred to in subparagraph 33.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy benefits. (e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act. (f) The weekly rate of pay referred to in paragraph (c) shall be: (i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay, (ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period. (g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed. (h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day. (i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly. (j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay. 33.03 Special Maternity Allowance for Totally Disabled Employees (a) An employee who: (i) fails to satisfy the eligibility requirement specified in subparagraph 33.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance pregnancy benefits, and (ii) has satisfied all of the other eligibility criteria specified in paragraph 33.02(a), other than those specified in sections (A) and (B) of subparagraph 33.02(a)(iii), shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act. (b) An employee shall be paid an allowance under this clause and under clause 33.02 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in subparagraph (a)(i). ** 33.04 Transitional Provisions If, on the date of signature of this Agreement, an employee is currently on maternity leave without pay or has requested a period of maternity leave but has not commenced the leave, she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested. **ARTICLE 34
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(allowance received) |
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(remaining period to be worked |
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[total period to be |
however, an employee whose specified period of employment expired and who is rehired by the same department within a period of five (5) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
**
(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
(ii) other than as provided in subparagraph (iii) below, 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;
(iii) where the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.
**
(d) At the employee's request, the payment referred to in subparagraph 35.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits.
(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full time during such period.
(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
35.03 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(i) fails to satisfy the eligibility requirement specified in subparagraph 35.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance parental benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 35.02(a), other than those specified in sections (A) and (B) of subparagraph 35.02(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
(b) An employee shall be paid an allowance under this clause and under clause 35.02 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental benefits pursuant to Section 23 of the Employment Insurance Act, had the employee not been disqualified from Employment Insurance parental benefits for the reasons described in subparagraph (a)(i).
**
35.04 Transitional Provisions
If, on the date of signature of this Agreement, any employee is currently on parental leave without pay or has requested a period of such leave without pay but has not commenced the leave, he or she shall upon request be entitled to the provisions of this Article. Any application must be received before the termination date of the leave period originally requested.
36.01 Subject to operational requirements, an employee shall be granted leave without pay for the personal care and nurturing her pre-school age children in accordance with the following conditions:
(a) she shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless because of an urgent or unforeseeable circumstance such notice cannot be given;
**
(b) leave granted under this Article shall be for a minimum period of three (3) weeks;
(c) the total leave granted under this Article shall not exceed five (5) years during her total period of employment in the Public Service.
37.01 For the purpose of this Article, family is defined as spouse (or common-law spouse resident with the employee), dependent children (including children of legal or common-law spouse), parents (including stepparents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.
37.02 The total leave with pay which may be granted under this Article shall not exceed thirty-seven point five (37.5) hours in a fiscal year.
37.03 Subject to clause 37.02, an employee shall be granted leave with pay under the following circumstances:
**
(a) up to seven point five (7.5) hours for a medical or dental appointment when his dependent family member is incapable of attending the appointment by himself, or for appointments with appropriate authorities in schools or adoption agencies, if
(i) alternate arrangements were not possible (an employee is expected to make every reasonable effort to schedule medical or dental appointments for dependent family members to minimize or preclude his absence from work),
and
(ii) the supervisor was notified of the appointment as far in advance as possible;
(b) to provide for the immediate and temporary care of a sick member of his family and to provide him with time to make alternative care arrangements where the illness is of a longer duration;
(c) to provide for the immediate and temporary care of an elderly member of his family;
(d) seven point five (7.5) hours of leave with pay for needs directly related to the birth or to the adoption of his child, which may be divided into two (2) periods and granted on separate days.
38.01 Subject to operational requirements as determined by the Employer, an employee may be granted leave without pay for family-related needs, in accordance with the following conditions:
**
(a) Up to five (5) years of leave without pay during her total period of employment in the Public Service may be granted for the long-term personal care of her parents, including step-parents or foster parents. Leave granted under this paragraph shall be for a minimum period of three (3) weeks.
(b) One (1) period of leave without pay of up to three (3) months and another period of leave without pay of more than three (3) months, but not exceeding one (1) year, may be granted to her for family-related needs which are not covered under paragraph (a). An employee is entitled to each period of leave only once during her total period of employment in the Public Service. Such leave period may not be used in combination with maternity leave, parental leave or leave for the care and nurturing of pre-school age children without the consent of the Employer.
38.02 An employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of the leave periods referred to in clause 38.01 unless, because of an urgent or unforeseeable circumstance, such notice cannot be given.
39.01 After the completion of one (1) year's continuous employment in the Public Service, and providing an employee gives the Employer at least five (5) days' notice, the employee shall be granted thirty-seven point five (37.5) hours of marriage leave with pay for the purpose of getting married.
39.02 For an employee with less than two (2) years of continuous employment, in the event of termination of employment for reasons other than death or lay-off within six (6) months after the granting of marriage leave, an amount equal to the amount paid the employee during the period of leave will be recovered by the Employer from any monies owed the employee.
40.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.
**
41.01 For the purpose of this Article, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild or ward of the employee, grandchild, father-in-law, mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently resides.
**
41.02 When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of four (4) consecutive calendar days which must include the day of the funeral. During such period he shall be paid for those days which are not regularly scheduled days of rest for him. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.
41.03 An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her grandparent, son-in-law, daughter-in-law, brother-in-law or sister-in-law.
**
41.04 If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under clauses 41.02 and 41.03, he shall be granted bereavement leave with pay and his paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
41.05 It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clauses 41.02 and 41.03.
42.01 The Employer shall grant leave with pay to an employee for the period of time she is required:
(a) to be available for jury selection;
(b) to serve on a jury;
(c) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury,
(ii) before a court, judge, justice, magistrate or coroner,
(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of her position,
(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it,
or
(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.
**
43.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the Public Service, as defined in the Public Service Staff Relations Act, he is entitled to leave with pay for the period during which his presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for him to travel to and from the place where his presence is so required. This clause applies equally in respect of the personnel selection processes related to deployment.
44.01 Education Leave Without Pay
(a) The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, she may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill her present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
(b) At the Employer's discretion, an employee on education leave without pay under this clause may receive an allowance in lieu of salary of up to one hundred per cent (100%) of her annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
(c) Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.
(d) As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted.
(e) If the employee:
(i) fails to complete the course;
(ii) does not resume employment with the Employer on completion of the course;
or
(iii) ceases to be employed, except by reason of death or lay-off, before termination of the period she has undertaken to serve after completion of the course;
she shall repay the Employer all allowances paid to her under this clause during the education leave or such lesser sum as shall be determined by the Employer.
44.02 Professional Development Leave With Pay
(a) Professional development refers to an activity which is in the opinion of the Employer is likely to be of assistance to the employee in furthering her professional development and to the organization in achieving its goals. The following activities shall be deemed to be part of professional development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution.
(b) Upon written application by the employee, and with the approval of the Employer, professional development leave with pay may be given for any one of the activities described in paragraph (a) above. The employee shall receive no compensation under the Overtime and Travelling Time Articles during time spent on professional development leave provided for in this clause.
(c) Employees on professional development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.
44.03 Attendance at Conferences and Conventions
(a) An employee shall have the opportunity, subject to operational requirements and budgetary constraints as determined by the Employer, to attend conferences or conventions related to her field of specialization in order to benefit from an exchange of knowledge and experience with her professional colleagues. The Employer may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings.
(b) An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, in travel status.
(c) An employee invited to participate in a conference or convention in an official capacity such as to present a formal address or to give a course related to her field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for her payment of registration fees and reasonable travel expenses.
(d) An employee shall not be entitled to any compensation under Article 19, Overtime, in respect of hours she is in attendance at a conference or convention under the provisions of this clause.
(e) Compensation shall not be paid under Article 24, Travelling Time, in respect of hours travelling to or from a conference or convention under the provisions of this clause, unless the employee is required to attend by the Employer.
**
44.04 Career Development Leave
(a) Subject to operational requirements and unless specified by the Employer as being in an area that could represent a conflict of interest, leave without pay for a period not exceeding one (1) year will be granted to an employee who wants to work in the private sector, if such opportunity could help the employee in filling her present role more adequately or help her to provide a service which the Employer requires.
(b) An employee is entitled to leave without pay for career development only once during the employee's total period of employment in the Public Service.
Examination Leave With Pay
44.05 Examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during her scheduled hours of work. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to her duties or will improve her qualifications.
45.01 At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the employee prevent his reporting for duty; such leave shall not be unreasonably withheld;
(b) leave with or without pay for purposes other than those specified in this Agreement.46.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the National Joint Council Work Force Adjustment Directive concluded by the parties will apply. In all other cases the following clauses will apply.
46.02 In this Article "Technological Change" means:
(a) the introduction by the Employer of equipment or material of a different nature than that previously utilized;
and
(b) a change in the Employer's operation directly related to the introduction of that equipment or material.
46.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
46.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days written notice to the Association of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.
46.05 The written notice provided for in clause 46.04 will provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to effect change;
(c) the location or locations involved.
46.06 As soon as reasonably practicable after notice is given under clause 46.04, the Employer shall consult with the Association concerning the effects of the technological change referred to in clause 46.05 on each group of employees. Such consultation will include but not necessarily be limited to the following:
(a) the approximate number, class and location of employees likely to be affected by the change;
(b) the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.
46.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of her substantive position, the Employer will make every reasonable effort to provide the necessary training during her working hours and at no cost to her.
47.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, marital status, family status, mental or physical disability, conviction for which a pardon has been granted, membership or activity in the Association.
47.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
48.01 The Association and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.
48.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
General
49.01 A Penological Factor Allowance (PFA) shall be payable to incumbents in some positions in the bargaining unit which are in Correctional Service Canada, subject to the following conditions.
49.02 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group, and is exposed to immediate hazards of physical injury by assault and other disagreeable conditions.
Degrees of Exposure
49.03 The factor recognizes the differences between maximum, medium and minimum security penal institutions, as designated by the Employer, and distinguishes between continual, frequent and limited degrees of exposure, as follows:
Continual |
- |
means fulfillment of the conditions described in Clause 49.02 above throughout the working day and recurring daily. |
Frequent |
- |
means fulfillment of the conditions described in Clause 49.02 above for part or parts of the working day and generally recurring daily. |
Limited |
- |
means fulfillment of the conditions described in Clause 49.02 above on an occasional basis. |
Formula
49.04 The payment of the allowance for the Penological Factor is determined by the following formula:
Penological Factor (X) |
|||||||||
Degree of |
Maximum |
Medium |
Minimum |
||||||
Continual |
100% |
X |
($1,600) |
50% |
X |
($800) |
30% |
X |
($480) |
Frequent |
50% |
X |
($800) |
30% |
X |
($480) |
20% |
X |
($320) |
Limited |
30% |
X |
($480) |
20% |
X |
($320) |
10% |
X |
($160) |
Amount of PFA
49.05 The value of "X" is set at one thousand and six hundred dollars ($1,600) per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.
Application of PFA
49.06 Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 49.02 above are applicable.
49.07 The applicability of PFA to a position and the position's degree of PFA entitlement, shall be determined by the Employer following consultation with the Association.
49.08 Except as prescribed in clause 49.11 below, an employee shall be entitled to receive PFA for any month in which he receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
49.09 Except as provided in clause 49.10 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different degree of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one (1) position to which PFA applies, the employee shall receive the higher allowance, provided he has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.
49.10 When the incumbent of a position to which PFA applies, is temporarily assigned a position to which a different degree of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to which he is temporarily assigned, plus PFA, if applicable, would be less than his basic monthly pay entitlement plus PFA in his regular position, he shall receive the PFA applicable to his regular position.
49.11 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his regular position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,
or
(b) during the full period of paid leave where he is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.
49.12 PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations.
49.13 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing him or his estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.
50.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of her position, including the classification level and, where applicable, the point rating allotted by factor to her position, and an organization chart depicting the position's place in the organization.
51.01
(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment form will be provided to him at that time. An employee's signature on his assessment form will be considered to be an indication only that its contents have been read and shall not indicate his concurrence with the statements contained on the form.
(b) The Employer's representative(s) who assess an employee's performance must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which his performance is evaluated.
(c) An employee has the right to make written comments to be attached to the performance review form.
51.02
(a) Prior to an employee performance review, the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person conducting the review.
(b) If during the employee performance review, either the form or instructions are changed, they shall be given to the employee.
51.03 Upon written request of an employee, his personnel file shall be made available once (1) per year for his examination in the presence of an authorized representative of the Employer.
51.04 Demotion or Non-Disciplinary Termination
When an employee is required to attend a meeting, the purpose of which is to demote or terminate him for cause pursuant to Section 11(2)(g) of the Financial Administration Act, he is entitled to have, at his request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day's notice of such a meeting.
52.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement, and which the parties to this Agreement have endorsed after December 6, 1978 will form part of this Agreement, subject to the Public Service Staff Relations Act (PSSRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Schedule II of the PSSRA.
52.02 The NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Staff Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978, as amended from time to time.
52.03
(a) The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Agreement:
Bilingual Bonus Directive;
Boiler and Pressure Vessels Directive;
Clothing Directive;
Commuting Assistance Directive;
Committees and Representatives Directive;
Dangerous Substances Directive;
Electrical Directive;
Elevated Work Structures Directive;
Elevating Devices Directive;
First-Aid Safety and Health Directive;
First-Aid Allowance Directive;
Foreign Service Directives;
Hazardous Confined Spaces Directive;
Isolated Posts Directive;
Living Accommodation Charges Directive;
Material Handling Safety Directive;
Motor Vehicle Operations Directive;
Noise Control and Hearing Conservation Directive;
Personal Protective Equipment Directive;
Pesticides Directive;
**
Public Service Health Care Plan Directive;
Refusal to Work Directive;
Relocation Directive;
Sanitation Directive;
Tools and Machinery Directive;
Travel Directive;
Use and Occupancy of Building Directive;
Work Force Adjustment Directive.
(b) During the term of this Agreement, other directives, policies or regulations may be added to the above noted list.
52.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 17.01 of the Grievance Procedure Article.
53.01 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.
54.01 The Association and the Employer have agreed to provide for a professional allowance to be paid in accordance with the following conditions.
54.02 The Employer shall reimburse an employee her annual membership fees paid to either the Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA) or the Association of Certified General Accountants (CGA), when the payment of such fees is a requirement for the continuation of the performance of the duties of her position.
54.03 When the payment of such fees is not a requirement for the continuation of the performance of the duties of an employee's position, but eligibility for a professional accounting designation from one of these associations is a qualification specified in the Standards for Selection and Assessment for the Financial Management Group, the Employer shall reimburse the employee for her annual membership fees paid to one of the associations referred to in clause 54.02 to a maximum of $800.
54.04 Effective January 1, 2001, upon receipt of proof of payment, the reimbursement will commence with fees that become due and are paid following that date. Reimbursement covered by this Article does not include arrears of previous years' dues.
54.05 Membership dues referred to in Article 8, Check-Off, of this Agreement are specifically excluded as reimbursable fees under this Article.
55.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.
55.02 An employee is entitled to be paid for services rendered at:
(a) the pay specified in Appendix "A", for the classification of the position to which he is appointed, if the classification coincides with that prescribed in his certificate of appointment;
or
(b) the pay specified in Appendix "A", for the classification prescribed in his certificate of appointment, if that classification and the classification of the position to which his is appointed do not coincide.
55.03
(a) The rates of pay set forth in Appendix "A" shall become effective on the dates specified therein.
(b) Paragraph (c) supersedes the Retroactive Remuneration Directives.
(c) 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 commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day this Agreement is signed or when an arbitral award is rendered therefore;
(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 this bargaining unit during the retroactive period.
(iii) rates of pay shall be paid in an amount equal to what would have been paid had this Agreement been signed or an arbitral award rendered therefore on the effective date of the revision in rates of pay;
(iv) in order for former employees or, in the case of death, for the former employees' representatives to receive payment in accordance with subparagraph (iii), the Employer shall notify, by registered mail, such individuals at their last known address that they have thirty (30) days from the date of receipt of the registered letter to request in writing such payment, after which time any obligation upon the Employer to provide payment ceases;
(v) no payment or no notification shall be made pursuant to paragraph (c) for one dollar ($1) or less.
55.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first (1st) and the resulting rate shall be revised in accordance with the pay revision.
55.05 If, during the term of this Agreement, a new classification standard for this group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Association the rates of pay and the rules affecting the pay of employees on their movement to the new levels.
55.06 When the regular pay day for an employee falls on his day of rest, every effort shall be made to issue his cheque on his last working day, provided it is available at his regular place of work.
56.01
**
(a) When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least five (5) consecutive working days, she shall be paid acting pay calculated from the date on which she commenced to act as if she had been appointed to that higher classification level for the period in which she acts.
(b) When a day designated as a paid holiday occurs during the qualifying period the holiday shall be considered as a day worked for purposes of the qualifying period.
57.01 This Agreement may be amended by mutual consent.
**
58.01 The duration of this Agreement shall be from the date it is signed to November 6, 2001.
58.02 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date it is signed.
**
58.03 The provisions of this Agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date of signing.
SIGNED AT OTTAWA, this 2nd day of the month of March 2001.
THE TREASURY BOARD |
|
THE ASSOCIATION OF |
A) Effective November 7, 1999
B) Effective November 7, 2000
FI - DEVELOPMENT |
||||||
From: $ |
19858 |
to |
36505 |
|||
To: A |
20255 |
to |
37235 |
|||
B |
20761 |
to |
38166 |
|||
FI-1 |
||||||
From: $ |
37138 |
38855 |
40573 |
42292 |
44007 |
45726 |
To: A |
37881 |
39632 |
41384 |
43138 |
44887 |
46641 |
B |
38828 |
40623 |
42419 |
44216 |
46009 |
47807 |
From: $ |
47444 |
49161 |
51076 |
|||
To: A |
48393 |
50144 |
52098 |
|||
B |
49603 |
51398 |
53400 |
|||
FI-2 |
||||||
From: $ |
45207 |
47304 |
49401 |
51499 |
53598 |
55696 |
To: A |
46111 |
48250 |
50389 |
52529 |
54670 |
56810 |
B |
47264 |
49456 |
51649 |
53842 |
56037 |
58230 |
From: $ |
57791 |
60124 |
||||
To: A |
58947 |
61326 |
||||
B |
60421 |
62859 |
||||
FI-3 |
||||||
From: $ |
54797 |
57202 |
59611 |
62021 |
64428 |
66837 |
To: A |
55893 |
58346 |
60803 |
63261 |
65717 |
68174 |
B |
57290 |
59805 |
62323 |
64843 |
67360 |
69878 |
From: $ |
69514 |
|||||
To: A |
70904 |
|||||
B |
72677 |
|||||
FI-4 |
||||||
From: $ |
61170 |
63884 |
66594 |
69308 |
72022 |
74734 |
To: A |
62393 |
65162 |
67926 |
70694 |
73462 |
76229 |
B |
63953 |
66791 |
69624 |
72461 |
75299 |
78135 |
From: $ |
77746 |
|||||
To: A |
79301 |
|||||
B |
81284 |
I. PAY INCREMENT
(1) Full-Time Employees
(a) The pay increment period for a full-time employee in the FI Development level is twenty-six (26) weeks and for full-time employees at levels FI-1 to FI-4 is fifty-two (52) weeks.
(i) For full-time employees at levels FI-1 to FI-4, a pay increment shall be the next rate in the scale of rates.
(ii) For employees in the Financial Management Development range, an increase at the end of an increment period shall be to a rate in the pay range which is four hundred dollars ($400) higher than the rate at which the employee is being paid or, if there is no such rate, to the maximum of the pay range.
(b) The pay increment date for a full-time employee, appointed to a position in the bargaining unit on promotion, demotion or from outside the Public Service after April 15, 1986, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to April 15, 1986, remains unchanged.
(2) Part-Time Employees
A part-time employee shall be eligible to receive a pay increment when he has worked a total of nineteen hundred and fifty (1950) hours at the hourly rate of pay during a period of employment provided that the maximum rate for his level is not exceeded. The pay increment date shall be the first working day following completion of the hours specified in this clause.
II. PAY ADJUSTMENT (FI-DEV.)
**
(1) An employee being paid in the Financial Management Development range shall have his rate of pay increased on:
(a) November 7, 1999, to a pay rate within the "A" range which is two percent (2.0%) higher than his or her former rate of pay,
(b) November 7, 2000, to a pay rate within the "B" range which is two decimal five percent (2.5%) higher than his or her former rate of pay.
|
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