Education and Library Science - Table 5 EB (ED, LS, EU) 209, 215, 414 (Archived)

Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.

List of Changes to the Agreement
Between the Treasury Board and
The Public Service Alliance of Canada -
Education and Library Science

ARTICLE 9
USE OF EMPLOYER FACILITIES

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9.01 Reasonable space on bulletin boards in convenient locations, including electronic bulletin board where available, will be made available to the Alliance for the posting of official Alliance notices. The Alliance 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 Alliance, including the names of Alliance representatives, and social and recreational events. Such approval shall not be unreasonably withheld.

**ARTICLE 12
LABOUR DISPUTES

12.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another 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.

ARTICLE 19
SICK LEAVE WITH PAY

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19.07 Sick leave credits earned but unused by an employee during a previous period of employment in the Public Service shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the Public Service within two (2) years from the date of layoff.

ARTICLE 20
VACATION LEAVE WITH PAY

20.02 Accumulation of Vacation Leave Credits

For each calendar month in which an employee has earned at least ten (10) days' pay, the employee shall earn vacation leave credits at the rate of:

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(c) one decimal eighty-four (1.84) days commencing with the month in which the employee's sixteen (16th) anniversary of service occurs;

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(f) two decimal twenty-five (2.25) days commencing with the month in which the employee's twenty-seventh (27^th) anniversary of service occurs;

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(g) two decimal five (2.5) days commencing with the month in which the employee's twenty-eight (28^th) anniversary of service occurs.

20.16 Appointment from a Separate Employer

The Employer agrees to accept the unused vacation and furlough leave credits up to a maximum of thirty-five (35) days of an employee who resigns from an organization listed in Part II of Schedule I of the Public Service Staff Relations Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

20.17 Summer Leave for ED-LAT Sub-group of ED (12 month work year)

Employees shall be granted leave without pay during the months of May, June, July, August and September provided a request for such leave is received in writing by the Employer on or before March 15^th in each year, and provided that leave without pay immediately follows the annual leave. At the departmental level, the total number of requests for leave without pay, spread over the aforementioned five (5) months shall not exceed four per cent (4%) of the employees subject to this clause. The total number of weeks of leave with pay earned by the employee together with the total number of weeks of leave without pay granted to the employee shall not exceed ten (10) weeks. The period of leave of absence without pay shall be considered as time worked for the purpose of accruing leave credits providing the employee continues in the employment of the Employer in the month immediately following the employee's return to work.

ARTICLE 22
OTHER LEAVE WITH OR WITHOUT PAY

22.02 Bereavement Leave With Pay

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(a) For the purpose of this clause, 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, the employee's grand parents and relative permanently residing in the employee's household or with whom the employee permanently resides.

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

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

22.04 Maternity Allowance

(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:

(B) following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of the maternity allowance;

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

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

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

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(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).

Transitional Provisions to clauses 22.04 and 22.05

If, on the date of signature of the Memorandum of Agreement modifying the provisions of this Article, 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.

22.06 Parental Leave Without Pay

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

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

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(f) Parental leave without pay taken by a couple employed in the Public Service shall not exceed a total of thirty-seven (37) weeks for both individuals combined. For the purpose of this paragraph, Public Service means any portion of the Public Service of Canada specified in Part I of Schedule I of the Public Service Staff Relations Act.

22.07 Parental Allowance

(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:

(B) Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 22.04 (a)(iii)(B), if applicable;

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

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

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

Transitional Provisions to clauses 22.06 and 22.07

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

22.13 Leave with Pay for Family-Related Responsibilities

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

(i) up to one (1) day to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;

(iv) two (2) days leave with pay for needs directly related to the birth or to the adoption of the employee's child, which may be divided into two (2) periods and granted on separate days.

22.17 Volunteer Leave

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

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

22.18 Leave With or Without Pay for Other Reasons

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

ARTICLE 23
EDUCATION LEAVE WITHOUT PAY AND
CAREER DEVELOPMENT LEAVE

Clause 23.15 to 23.18 inclusively apply only to the employees of the Library Science (LS) group.

23.15 Education Leave

(b) An employee on education leave, under this clause, shall receive allowances in lieu of salary equivalent to not less than fifty per cent (50%) and up to one hundred per cent (100%) of his or her basic salary provided that 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.

ARTICLE 25
PENOLOGICAL FACTOR ALLOWANCE

Formula

25.04 The payment of the allowance for the Penological Factor is determined by the following formula:

Amount of PFA

25.05

Effective Date of Signing:

The value of "X" is set at one thousand and nine hundred dollars ($1,900) per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

Effective July 1, 2002:

The value of "X" is set at two thousand dollars ($2,000) per annum. This allowance shall be paid on the same basis as that for the employee's regular pay.

ARTICLE 26
PAY ADMINISTRATION

26.07

(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 three (3) consecutive working days, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or 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.

ARTICLE 36
NATIONAL JOINT COUNCIL AGREEMENTS

36.03

(a) The following directives, 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:

ARTICLE 37
GRIEVANCE PROCEDURE

37.25 The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

(a) At the request of either party, a grievance that has been referred to adjudication may be dealt with through Expedited Adjudication with the consent of both parties.

(b) When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Alliance will submit to the PSSRB the consent form signed by the grievor or the bargaining agent.

(c) The parties may proceed with or without an Agreed Statement of Facts. When the parties arrive at an Agreed Statement of Facts it will be submitted to the PSSRB or to the Adjudicator at the hearing.

(e) The Adjudicator will be appointed by the PSSRB from among its members who have had at least three (3) years experience as a member of the Board.

(f) Each Expedited Adjudication session will take place in Ottawa, unless the parties and the PSSRB agree otherwise. The cases will be scheduled jointly by the parties and the PSSRB, and will appear on the PSSRB schedule.

(g) The Adjudicator will make an oral determination at the hearing, which will be recorded and initialed by the representatives of the parties. This will be confirmed in a written determination to be issued by the Adjudicator within five (5) days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a particular case.

(h) The Adjudicator's determination will be final and binding on all the parties, but will not constitute a precedent. The parties agree not to refer the determination to the Federal Court.

ARTICLE 38
PART-TIME EMPLOYEES

Vacation Leave

38.14 A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal workweek, at the rate for years of service established in the vacation leave entitlement clause of this Agreement, prorated and calculated as follows:

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(c) when the entitlement is one decimal eighty-four (1.84) days a month, .367 multiplied by the number of hours in the employee's workweek per month;

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(f) when the entitlement is two decimal twenty-five (2.25) days a month, .450 multiplied by the number of hours in the employee's workweek per month;

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(g) when the entitlement is two decimal five (2.5) days a month, .500 multiplied by the number of hours in the employee's workweek per month.

ARTICLE 44
HOURS OF WORK FOR THE LS GROUP

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44.04 Notwithstanding clause 44.01, 44.02 and 44.03, for employees required to provide direct services to the public or to students:

(a) the normal hours of work may be scheduled between 7:00 a.m. and 10:00 p.m. from Monday to Friday inclusive, and between 8:30 a.m. and 5:00 p.m. on Saturdays;

(b) the Employer shall set up a master shift schedule for a fifty-six (56) calendar day period, posted at least fifteen (l5) calendar days in advance;

(c) the Employer shall schedule for each employee at least two (2) consecutive days of rest per week. This provision shall be considered to have been met when two (2) days of rest for an employee are separated by a designated paid holiday on which the employee is not scheduled to work.

ARTICLE 45
WORK YEAR AND HOURS OF WORK FOR THE
ED-EST SUB-GROUP AND EU GROUP

Clauses 45.01 to 45.13 apply only to the ED-EST Sub-group

Correctional Service Canada

45.10

The Employer shall schedule two (2) rest periods of fifteen (15) minutes each during each shift. An employee in the Correctional Service Canada may be required to take such rest periods at his or her work location when the nature of his or her duties makes it necessary.

ARTICLE 49
OVERTIME

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(b) Effective April 1, 2002, compensatory time off with pay earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on March 31 of the year during which it was earned.

Transition provision

(c) Earned but unused compensatory time off with pay on March 31, 2002 that remains outstanding on September 30, 2002 shall be paid at the employee's daily rate of pay on March 31, 2002.

ARTICLE 58
MATERNITY-RELATED REASSIGNMENT OR LEAVE

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58.07 Notwithstanding 58.05, for an officer working in an institution where she is in direct and regular contact with offenders, if the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the officer in writing and shall grant leave of absence with pay to the officer for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than at the time the officer proceeds on Maternity Leave Without Pay or the termination date of the pregnancy, whichever comes first.


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