Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
Clause 23.01 to 23.14 inclusively apply only to the employees in the Education (ED) group and Educational Support
(EU) group
Education Leave
23.01 For the purposes of clause 23.02 to 23.11, the Employer will normally consider once per year the
applications for education leave, when the courses begin after June 1st of the current year and end no later
than June 30th of the following year.
23.02 The Employer recognizes the usefulness of education leave and will grant such leave to employees for
varying periods of up to one (1) year which can be renewed by mutual agreement in order to permit them to acquire
additional or special training in some field of education in which special preparation is needed to enable the
applicant to fill his or her present role more adequately in order to permit the employee to undertake studies in some
field in which training is needed in order to provide a service which the Employer requires or is planning
to provide.
23.03 Applications for education leave must normally be submitted to the Employer by April 1st of
the previous school year by all employees except employees of the Department of Northern and Indian Affairs Canada, who
are required to submit their applications for leave to the Employer prior to January 31st.
23.04 All applications must be accompanied by a statement outlining the field of study, the programme to be
followed and the value of the leave to the employee and to the Employer.
23.05 The criteria for selection proposed by the Employer are submitted to the appropriate Alliance
representative for consultation purposes, as provided for in Article 35. Subsequent to such consultation, the Employer
chooses the selection criteria which will be used and provides a copy of these to the appropriate Alliance
representative.
All applications for education leave will be reviewed by the Employer, and a list of the applications received,
indicating the names of the applicants to whom the Employer grants the leave, shall be provided to the appropriate
Alliance representative. The employee will then be advised in writing on or before May 1st whether his or
her application has been accepted or rejected.
23.06 Education leave shall be granted to the maximum possible number of employees who make application for
such leave, but in any case shall be not less than one per cent (1%) of the total number person-years in the respective
sub-group as determined on April 1st of each year.
23.07 An employee on education leave shall receive allowances in lieu of salary equivalent to from
fifty per cent (50%) to one hundred per cent (100%) of basic salary.
23.08 For the purpose of calculating the education leave allowance, the term "basic salary" shall include any
compensation and allowance set out in the collective agreement already paid to an employee.
23.09 Allowances already being received by the employee but not provided for in this collective agreement
may, at the discretion of the Employer, be continued during the period of education leave and the employee shall be
notified when the leave is approved whether such allowances are to be continued in whole or in part.
23.10 As a condition to the granting of education leave, an employee shall, if required, give a written
undertaking prior to commencement of the leave to return to the service of the Employer for a period at least equal to
the period of the leave granted.
If the employee:
(a) fails to complete the approved programme of studies;
(b) does not resume employment with the Employer following completion of the programme;
or
(c) ceases to be employed before termination of the period he or she has undertaken to serve after completion of the
programme,
the employee shall repay the Employer all allowances paid to him or her during the education leave or such lesser
sum as shall be determined by the Employer.
23.11 The employee shall be returned to a position at a basic salary level not lower than the position
encumbered immediately prior to the commencement of the leave.
Professional Development
23.12 Professional Development
(a) Professional development refers to an activity which in the opinion of the Employer is likely to be of
assistance to the individual in furthering his or 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;
(iii) a research program carried out in a recognized institution;
(iv) a symposium, seminar, convention or study session in a specialized field directly related to the employee's
work.
(b) Where an employee has submitted an application for professional development leave in one of the activities
described in paragraph 23.12(a) above and has been selected by the Employer, the employee shall continue to receive his
or her normal salary plus any allowances that apply, in addition to any increments to which the employee may be
entitled. The employee shall receive no pay under Articles 27 and 49 during time spent on professional development
leave provided for in this clause.
(c) Employees taking professional development training shall be reimbursed for all reasonable travel and other
expenses incurred by them which the Employer may deem appropriate.
(d) Once the Employer has selected an employee for professional development leave, according to
subparagraphs 23.12(a)(ii), (iii), (iv) above, the Employer shall consult with the employee to determine the
institution where the work or study program concerned will be undertaken and the duration of the programme.
23.13 Examination Leave
Leave of absence with pay may be granted to an employee for the purpose of writing an examination which takes place
during the employee's scheduled hours of work. Such leave of absence will be granted only where the course of study is
directly related to the employee's duties or will improve his or her professional qualifications.
23.14 Attendance at Courses at the Request of the Employer
If an employee attends a course at the request of the Employer, the employee shall be considered as being on duty
and his or her pay and allowances shall be determined accordingly.
Clause 23.15 to 23.18 inclusively apply only to the employees of the Library Science (LS) group.
23.15 Education Leave
(a) An employee may be granted education leave without pay for varying periods up to one (1) year, which can be
renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of
education in which special preparation is needed to enable the employee to fill his or 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) 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.
(c) Any allowance already being received by the employee and not part of his or her basic salary shall not be used
in the calculation of the education leave allowance.
(d) Allowances already being received by the employee may at the discretion of the Employer be continued during the
period of the education leave and the employee shall be notified when the leave is approved whether such allowances are
to be continued in whole or in part.
(e) As a condition to the granting of education leave, 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. If the employee, except with the permission of the Employer,
(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 before termination of the period he or she has undertaken to serve after completion of
the course,
the employee shall repay the Employer all allowances paid to him or her under this clause during the education leave
or such lesser sum as shall be determined by the Employer.
(f) The Employer will endeavour to return the employee to a position at a basic salary level not lower than the
position he or she encumbered immediately prior to the commencement of the education leave.
23.16 Attendance at Conferences and Conventions
(a) In order that each employee shall have the opportunity for an exchange of knowledge and experience with his or
her professional colleagues, the employee shall have the right to apply to attend a reasonable number of conferences or
conventions related to his or her field of specialization. The Employer may grant leave with pay and reasonable
expenses, including registration fees, to attend such gatherings, subject to budgetary and operational constraints as
determined by the Employer.
(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 his or her field of employment, may be granted leave with pay for this
purpose and may, in addition, be reimbursed for his or her payment of registration fees and reasonable travel
expenses.
(d) An employee shall not be entitled to any compensation under Articles 27 and 49 in respect of hours he or she is
in attendance at or travelling to or from a conference or convention, under the provisions of this clause, except as
may be provided in paragraph 23.16(b).
23.17 Professional Development
(a) The parties to this agreement share a desire to improve professional standards by giving employees the
opportunity, on occasion,
(i) to participate in seminars, workshops, short courses or similar out-service programs to keep up to date with
knowledge and skills in their respective fields,
(ii) to conduct research or to perform work related to their normal research programs in institutions or locations
other than those of the Employer,
or
(iii) to perform work in a co-operating department or agency for a short period of time in order to enhance the
relevant subject knowledge or the technical expertise of the employee.
(b) An employee may apply at any time for professional development under this clause and the Employer may select an
employee at any time for such professional development.
(c) When an employee is selected by the Employer for professional development under this clause the Employer will
consult with the employee before determining the location and duration of the program of work or studies to be
undertaken.
(d) An employee selected for professional development, under this clause, will continue to receive his or her normal
compensation, including any increase for which the employee may become eligible. The employee shall not be entitled to
any compensation under Articles 27 and 49 while on professional development under this clause.
(e) An employee on professional development, under this clause, may be reimbursed for reasonable travel expenses and
such other additional expenses as the Employer deems appropriate.
23.18 Examination Leave
Leave of absence with pay to write examinations may be granted by the Employer to an employee who is not on
educational leave. Such leave will be granted only where, in the opinion of the Employer, the course of study is
directly related to the employee's duties or will improve his or her qualifications.
24.01 Under the following circumstances and subject to clause 24.02, an employee shall receive severance
benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification
prescribed in his or her certificate of appointment on the date of his or her termination of employment.
(a) Lay-off
(i) On the first lay-off two (2) weeks' pay for the first complete year of continuous employment and one (1) week's
pay for each additional complete year of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and
sixty-five (365).
(ii) On second or subsequent lay-off one (1) week's pay for each complete year of continuous employment and, in the
case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted
severance pay under sub-paragraph (a)(i).
(b) Resignation
On resignation, subject to paragraph 24.01(d) and with ten (10) or more years of continuous employment,
one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with
a maximum benefit of thirteen (13) weeks' pay.
(c) Rejection on Probation
On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases
to be employed by reason of rejection during a probationary period, one (1) week's pay.
(d) Retirement
(i) On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation
Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation
Act,
or
(ii) a part-time employee, who regularly works more than thirteen and one-half (13 1/2) but less than
thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act,
would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance
if he or she were a contributor under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of continuous employment, comprised of
one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and
sixty-five (365), to a maximum of thirty (30) weeks' pay.
(e) Death
If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's
complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay,
regardless of any other benefit payable.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by
reason of termination for cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of
twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by
reason of termination for cause for reasons of incompetence pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of
twenty-eight (28) weeks.
24.02 The period of continuous employment used in the calculation of severance benefits payable to an
employee under this Article shall be reduced by any period of continuous employment in respect of which the employee
was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided
under clause 24.01 be pyramided.
24.03 Appointment to a separate employer organization
Notwithstanding paragraph 24.01(b), 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 severance pay provided
that the appointing organization will accept the employee's Part I of Schedule I service for its severance pay
entitlement.
General
25.01 A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit
which are in Correctional Service Canada, subject to the following conditions.
25.02 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 Penitentiary 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
25.03 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 25.02 above throughout the working day and recurring
daily.
|
Frequent
|
-
|
means fulfillment of the conditions described in clause 25.02 above for part or parts of the working day and
generally recurring daily.
|
Limited
|
-
|
means fulfillment of the conditions described in clause 25.02 above on an occasional basis.
|
**
Formula
25.04 The payment of the allowance for the Penological Factor is determined by the following formula:
Penological Factor (X)
Type of Institution
Effective Date of Signing:
|
Degree of
Exposure
|
Maximum
|
Medium
|
Minimum
|
Continual
|
100 %
|
X
|
($1,900)
|
50%
|
X
|
($950)
|
30%
|
X
|
($570)
|
Frequent
|
50%
|
X
|
($950)
|
30%
|
X
|
($570)
|
20%
|
X
|
($380)
|
Limited
|
30%
|
X
|
($570)
|
20%
|
X
|
($380)
|
10%
|
X
|
($190)
|
Effective July 1, 2002:
|
Degree of
Exposure
|
Maximum
|
Medium
|
Minimum
|
Continual
|
100 %
|
X
|
($2,000)
|
50%
|
X
|
($1,000)
|
30%
|
X
|
($600)
|
Frequent
|
50%
|
X
|
($1,000)
|
30%
|
X
|
($600)
|
20%
|
X
|
($400)
|
Limited
|
30%
|
X
|
($600)
|
20%
|
X
|
($400)
|
10%
|
X
|
($200)
|
**
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.
Application of PFA
25.06 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 25.02 above are applicable.
25.07 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 bargaining agent.
25.08 Except as prescribed in clause 25.11 below, an employee shall be entitled to receive PFA for any month
in which he or she receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
25.09 Except as provided in clause 25.10 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 position to which PFA applies, the employee shall receive the higher allowance,
provided he or she has performed duties for at least ten (10) days as the incumbent of the position to which the higher
allowance applies.
25.10 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 or she is temporarily assigned, plus PFA, if applicable, would be less than his or her basic monthly pay
entitlement plus PFA in his or her regular position, the employee shall receive the PFA applicable to his or her
regular position.
25.11 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his or her
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 an employee is granted injury-on-duty leave with pay because of an
injury resulting from an act of violence from one or more inmates.
25.12 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
25.13 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA
benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement
for the month preceding such disablement or death.
26.01 Except as provided in this Article, the terms and conditions governing the application of pay to
employees are not affected by this Agreement.
26.02 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 the employee is appointed, if
the classification coincides with that prescribed in the employee's certificate of appointment;
or
(b) the pay specified in Appendix "A", for the classification prescribed in the employee's certificate of
appointment, if that classification and the classification of the position to which the employee is appointed do
not coincide.
26.03
(a) The rates of pay set forth in Appendix "A" shall become effective on the dates specified therein.
(b) Paragraph 26.03(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 clause (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 the 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 clause (c)(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 this clause for one dollar ($1) or less.
26.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be
applied first and the resulting rate shall be revised in accordance with the pay revision.
26.05 This article is subject to the Memorandum of Understanding signed by the Employer and the Public
Service Alliance of Canada dated February 9, 1982 in respect of red-circled employees.
26.06 If, during the term of this Agreement, a new classification standard for the 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 Alliance the rates of pay and the rules affecting the pay of employees
on their movement to the new levels.
**
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.
26.08 When the regular pay day for an employee falls on his or her day of rest, every effort shall be made to
issue his or her cheque on his or her last working day, provided it is available at his or her regular place of
work.
27.01 For the purposes of this 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 clause 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 clause 27.02 and 27.04, the travelling time for which an employee shall be
compensated is as follows:
(a) 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.
(b) 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.
(c) 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 clause 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 or her 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.
Travel time shall be compensated in cash, except where upon request of an employee and with the approval of the
Employer, travel time shall be compensated by leave with pay. The duration of such leave shall be equal to the travel
time multiplied by the appropriate rate of payment and payment shall be based on the employee's hourly rate of pay in
effect on the date immediately prior to the day on which the leave is taken. Compensatory leave outstanding at the end
of a fiscal year shall be paid in cash at the employee's daily rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment, on the last day of the fiscal year.
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 21, Designated Paid Holidays and the overtime provisions
of this 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 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 21.06 and the Reporting Pay Provisions of this 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 28.01(c)(i) above does not apply to part-time employees. Part-time employees
will receive a minimum payment in accordance with 38.11.
28.02 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.
No Pyramiding of Payments
28.03 Payments provided under Overtime, Reporting Pay, Designated Paid Holiday, Standby provisions and
clause 28.01 above shall not be pyramided, that is an employee shall not receive more than one compensation for the
same service.
28.04 Compensatory Leave
Clause 49.07, 49.08 and 49.09 of the Overtime article (Article 49) apply to compensation earned according to
28.01(c)(i) and 28.01(d).
28.05 Transportation expenses
(a) When an employee is required to report for work and reports under the conditions described in
paragraphs 28.01(c) and (d), and is required to use transportation services other than normal public transportation
services, the employee shall be reimbursed for reasonable expenses incurred as follows:
(i) mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her
automobile when the employee travels by means of his or her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
29.01 Where the Employer requires an employee to be available on standby during off-duty hours, such employee
shall be compensated at the rate of one-half (1/2) hour for each four (4)-hour period or part thereof for which the
employee has been designated as being on standby duty.
29.02 An employee designated by letter or by list for standby duty shall be available during his or her
period of standby at a known telephone number and be available to return for duty as quickly as possible if called. In
designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby
duties.
29.03 No standby payment shall be granted if an employee is unable to report for duty when required.
29.04 An employee on standby who is required to report for work and reports shall be compensated in
accordance with clause 28.01(c), 28.01(d) and 28.04, and is also eligible for reimbursement of transportation expenses
in accordance with clause 28.05.
29.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work
location other than an 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.
No Pyramiding of Payments
29.06 Payments provided under the Overtime, Reporting Pay, Designated Paid Holidays, Call-Back Pay provisions
and clause 29.04 above shall not be pyramided, that is an employee shall not receive more than one compensation for the
same service.
30.01 Shift Premium
A shift work employee, whose hours of work are scheduled pursuant to 44.04, 45.10 and 46.04, will receive a shift
premium of one dollar and fifty cents ($1.50) per hour for all hours worked, including overtime hours, between
4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between 8:00 a.m. and 4:00 p.m.
30.02 Weekend Premium
An employee working on shifts during a weekend will receive an additional premium of
one dollar and fifty cents ($1.50) per hour for all hours worked, including overtime hours, on Saturday and/or
Sunday.
31.01 Upon written request, an employee shall be provided with a complete and current statement of the duties
and responsibilities of his or her position, including the classification level and, where applicable, the point rating
allotted by factor to his or her position, and an organization chart depicting the position's place in the
organization.
32.01 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.
32.02 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 Alliance attend the meeting. Where practicable, the employee shall
receive a minimum of one (1) day's notice of such a meeting.
32.03 The Employer shall notify the local representative of the Alliance as soon as possible that such
suspension or termination has occurred.
32.04 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.
32.05 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.
33.01
(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 the employee at that time. An employee's signature on his or her
assessment form will be considered to be an indication only that its contents have been read and shall not indicate the
employee's 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 the employee's performance is evaluated.
(c) An employee has the right to make written comments to be attached to the performance review form.
33.02
(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.
33.03 Upon written request of an employee, the personnel file of that employee shall be made available once
per year for his or her examination in the presence of an authorized representative of the Employer.
34.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The
Employer will welcome suggestions on the subject from the Alliance, 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.
Clause 35.01 to 35.04 apply only to Library Science (LS) group and Educational Support (EU) group
35.01 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.
35.02 Within five (5) days of notification of consultation served by either party, the Alliance shall notify
the Employer in writing of the representatives authorized to act on behalf of the Alliance for consultation
purposes.
35.03 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.
35.04 Without prejudice to the position the Employer or the Alliance 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.
Clause 35.05 to 35.11 apply only to the Education (ED) group
Consultation Committees
35.05 To facilitate discussions on matters of mutual interest outside the terms of this collective agreement,
the Employer recognizes the following Education group committees of the Alliance for the purpose of consulting with
management:
(a) with regard to the Elementary and Secondary Teaching sub-group, regional committees in each province but only
one (1) for the Maritime Provinces;
(b) the procedure regarding consultation with Correctional Service Canada will be established by mutual agreement
between the two (2) parties;
(c) with regard to the Language Teaching sub-group, committees in each region and/or work unit determined by mutual
agreement by the Public Service Commission's Joint Departmental Committee. The procedure regarding consultation with
the Department of National Defence will be established by mutual agreement between the two (2) parties.
35.06 The parties will consult for the purpose of providing information, discussing the application of
policies, promoting understanding and reviewing problems.
35.07 The Employer agrees to inform and consult with the appropriate Alliance representatives on proposed
changes which affect the majority of the employees in any work unit.
35.08 It is understood that no commitment may be made by either party on a subject that is not within their
authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of
this agreement.
35.09 Representation at such meetings will be limited to five (5) representatives from each party, except
that by mutual agreement of the parties, the number of representatives may be decreased or increased. It is agreed that
meetings will be held at the request of either party.
35.10 Committee meetings will normally be held on the Employer's premises at times to be determined by mutual
agreement between the representatives for both sides. Representatives of the parties will normally exchange a written
agenda for the meeting not less than five (5) calendar days in advance of the date of each meeting.
35.11 Full-time employees forming the continuing membership of the Consultation Committees shall be protected
against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel
time where applicable.
The Employer shall not be responsible for any travel or other expenses incurred by employees travelling or attending
such consultation meetings with management.
36.01 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.
36.02 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.
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:
Bilingualism Bonus Directive;
Commuting Assistance Directive;
Foreign Service Directives;
Health/Safety
Boiler and Pressure Vessels Directive;
Committees and Representatives Directive;
Dangerous Substances Directive;
Electrical Directive;
Elevated Work Structures Directive;
Elevating Devices Directive;
First-Aid Allowance Directive;
First-Aid Safety and Health Directive;
Hazardous Confined Spaces Directive;
Material Handling Directive;
Motor Vehicle Operations Directive;
Noise Control and Hearing Conservation Directive;
Personal Protective Equipment and Clothing Directive;
Pesticides Directive;
Refusal to Work Directive;
Sanitation Directive;
Tools and Machinery Directive;
Use and Occupancy of Buildings Directive;
**
Isolated Posts and Government Housing Directive;
Living Accommodation Charges Directive;
**
Public Service Health Care Plan ( PSHCP)
Relocation Directive;
Travel Directive;
Uniforms Directive.
(b) During the term of this Agreement, other directives may be added to the above noted list.
36.04 Grievances in regard to the above directives shall be filed in accordance with clause 37.01 of the
Article on grievance procedure in this Agreement.
37.01 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 Part 14 of the NJC
By-Laws.
37.02 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 37.05 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 Alliance.
37.03 Except as otherwise provided in this Agreement, a grievance shall be processed by recourse to the
following levels:
(a) level 1 - first level of management;
(b) levels 2 and 3 - intermediate level(s) where such level or levels are established in departments or
agencies;
(c) final level - Deputy Head or Deputy Head's authorized representative.
Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2
or 3.
37.04 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 Alliance.
37.05 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.
37.06 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.
37.07 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.
37.08 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any
level.
37.09 The Alliance 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.
37.10 An employee may present a grievance to the First Level of the procedure in the manner prescribed in
clause 37.05 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.
37.11 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.
37.12 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.
37.13 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.
37.14 Where an employee has been represented by the Alliance in the presentation of his or her grievance, the
Employer will provide the appropriate representative of the Alliance 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.
37.15 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.
37.16 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.
37.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer
and the employee and, where appropriate, the Alliance representative.
37.18 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 Alliance.
37.19 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.
37.20 An employee may abandon a grievance by written notice to his or her immediate supervisor or
officer-in-charge.
37.21 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.
37.22 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.
37.23 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.
37.24 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 Alliance 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.
**
Expedited Adjudication
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.
(d) No witnesses will testify.
(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.
Definition
38.01 Part-time employee means a person whose normal hours of work are less than those established in the
Hours of Work Article for the relevant group or sub-group, but not less than those prescribed in the Public Service
Staff Relations Act.
General
38.02 Part-time employees shall be entitled to the benefits provided under this Agreement in the same
proportion as their normal weekly hours of work compare with the normal weekly hours of work, specified for the
relevant group or sub-group, of full-time employees unless otherwise specified in this Agreement.
38.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed up to the
normal daily or weekly hours specified for the relevant group or sub-group for a full-time employee.
38.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked
five (5) days and the weekly hours specified for the relevant group or sub-group.
38.05 Leave will only be provided:
(a) during those periods in which employees are scheduled to perform their duties;
or
(b) where it may displace other leave as prescribed by this Agreement.
Designated Holidays
38.06 A part-time employee shall not be paid for the designated holidays but shall, instead be paid four
decimal two five (4.25) per cent for all straight-time hours worked.
38.07 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday
for a full-time employee in clause 21.01 of this Agreement, the employee shall be paid at time and one-half (1 1/2) of
the straight-time rate of pay for all hours worked up to the regular daily scheduled hours of work for the relevant
group or sub-group and double (2T) thereafter.
38.08 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid
holiday for a full-time employee in clause 21.01, shall be paid for the time actually worked in accordance with
clause 38.07, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.
Overtime
38.09
(a) Overtime means authorized work performed in excess of the normal daily or weekly hours of work, specified for
the relevant group or sub-group, of a full-time employee, but does not include time worked on a holiday.
(b) Notwithstanding (a), for employees whose normal scheduled hours of work are in excess of the normal daily hours
of work specified for the relevant group or sub-group, overtime means work performed in excess of those normal
scheduled daily hours or in excess of the average weekly hours of work specified for the relevant group or
sub-group.
38.10 Subject to 38.09 a part-time employee who is required to work overtime shall be paid overtime as
specified for the relevant group or sub-group.
Call-Back
38.11 When a part-time employee meets the requirements to receive call-back pay in accordance with 28.01 and
is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid
a minimum payment of four (4) hours pay at the straight-time rate.
Reporting Pay
38.12 Subject to 38.04, when a part-time employee meets the requirements to receive reporting pay on a day of
rest, in accordance with the reporting pay provision for the relevant group or sub-group, and is entitled to receive a
minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of
four (4) hours pay at the straight-time rate of pay.
Bereavement Leave
38.13 Notwithstanding clause 38.02, there shall be no prorating of a "day" in clause 22.02, Bereavement Leave
With Pay.
**
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:
(a) when the entitlement is one decimal twenty-five (1.25) days a month, .250 multiplied by the number of hours in
the employee's workweek per month;
(b) when the entitlement is one decimal sixty-seven (1.67) days a month, .333 multiplied by the number of hours
in the employee's workweek per month;
**
(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;
(d) when the entitlement is one decimal ninety-two (1.92) days a month, .383 multiplied by the number of hours in
the employee's workweek per month;
(e) when the entitlement is two decimal zero nine (2.09) days a month, .417 multiplied by the number of hours in the
employee's workweek per month;
**
(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;
**
(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.
Sick Leave
38.15 A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the number of
hours in an employee's normal workweek for each calendar month in which the employee has received pay for at least
twice (2) the number of hours in the employee's normal workweek.
38.16 Vacation and Sick Leave Administration
(a) For the purposes of administration of clause 38.14 and 38.15, where an employee does not work the same number of
hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate
calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not
earn vacation or sick leave credits in excess of the entitlement of a full-time employee.
Severance Pay
38.17 Notwithstanding the provisions of Article 24, Severance Pay, where the period of continuous employment
in respect of which severance benefit is to be paid consists of both full- and part-time employment or varying levels
of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for
severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The
equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and
level to produce the severance pay benefit.
The Employer and the Public Service Alliance of Canada agree that the following conditions shall apply to employees
for whom variable hours of work schedules are approved pursuant to the relevant provisions of this Agreement.
It is agreed that the implementation of any such variation in hours shall not result in any additional expenditure
or cost by reason only of such variation.
39.01 General Terms
The scheduled hours of work of any day as set forth in a work schedule, may exceed or be less than the regular
workday hours for the relevant Group or Sub-Group; starting and finishing times, meal breaks and rest periods shall be
determined according to operational requirements as determined by the Employer and the daily hours of work shall be
consecutive.
For shift workers such schedules shall provide that an employee's normal workweek shall average the weekly hours per
week specified for the relevant Group or Sub-Group over the life of the schedule. The maximum life of a schedule shall
be six (6) months.
For day workers, such schedules shall provide that an employee's normal workweek shall average the weekly hours per
week specified in this agreement over the life of the schedule. The maximum life of a schedule shall be
twenty-eight (28) days.
Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate
adjustments will be made.
39.02 Specific Application
For greater certainty, the following provisions shall be administered as provided herein:
Interpretation and Definitions
"Daily rate of pay" - shall not apply.
Overtime
Overtime shall be compensated for all work performed:
(a) in excess of an employee's scheduled hours of work on a scheduled working day in accordance with the provisions
of this Agreement;
(b) on days of rest at time and one-half (1 1/2) except that if the overtime is worked by the employee on two (2) or
more consecutive and contiguous days of rest, the employee shall be paid at double (2) time for each hour worked on the
second and subsequent days of rest. Second and subsequent days of rest means the second and subsequent days in an
unbroken series of consecutive and contiguous calendar days of rest.
Travel
Overtime compensation referred to in clause 27.04 of this Agreement shall only be applicable on a normal day for
hours in excess of the employee's daily scheduled hours of work.
Designated Paid Holidays
(a) A designated paid holiday shall account for seven and one half (7 1/2) hours.
(b) When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the
normal daily hours' pay, time and one-half (1 1/2) up to his or her regular scheduled hours worked and double (2) time
for all hours worked in excess of his or her regular scheduled hours.
Vacation Leave - ED and EU Groups
Employees shall earn vacation at the rates prescribed for their years of service as set forth in this Agreement.
Leave will be granted on an hourly basis and the hours debited for each day of vacation leave shall be the same as the
employee would normally have been scheduled to work on that day.
Vacation Leave - LS Group
(a) Employees shall earn vacation at the rates prescribed for their years of service as set forth in this Agreement.
Leave will be granted on an hourly basis and the hours debited for each day of vacation leave shall be the same as the
employee would normally have been scheduled to work on that day.
(b) Employees scheduled to work any portion of a fiscal year under the variable hours of work provisions of this
Agreement shall not have fractional vacation entitlement of more or less than one-half (1/2) day increased to the
nearest half day.
Sick Leave
Employees shall earn sick leave credits at the rate prescribed in Article 19 of this Agreement. Leave will be
granted on an hourly basis and the hours debited for each day of sick leave shall be the same as the employee would
normally have been scheduled to work on that day.
Acting Pay
The qualifying period for acting pay as specified in Article 26, clause 26.07 shall be converted to hours.
Exchange of Shifts
On exchange of shifts between employees, if provided in this agreement, the Employer shall pay as if no exchange had
occurred.
Minimum Number of Hours Between Shifts
The provision in the Agreement relating to the minimum period between the termination and commencement of the
employee's next shift shall not apply to an employee subject to variable hours of work.
40.01 The Dental Care plan as contained in the Master Agreement between the Treasury Board and the Public
Service Alliance of Canada, with an expiry date of June 30, 1988, and subsequently amended on March 10, 1988,
December 12, 1991, November 26, 1993, April 2, 1996, January 15, 1997, March 11, 1998 and February 11, 2000 shall be
deemed to form part of this Agreement.
41.01 This Article applies to the ED and EU groups only.
41.02 The Employer will continue past practice in giving all reasonable consideration to continued employment
in the Public Service of employees who would otherwise become redundant because an operation is contracted out,
terminated or transferred to another jurisdiction.
41.03 In accordance with clause 41.02 where an employee is offered employment with another jurisdiction and
he or she is not permitted to retain substantially the same entitlement to credits in respect to sick leave, special
leave, and severance pay, as were accumulated during his or her service with the Employer, he or she shall, for the
purpose of this agreement, be deemed to be on lay-off from the effective date of termination or turnover of the
operation and entitled to benefits as set forth in paragraph 24.01(a) of this agreement.
41.04 The provisions of paragraph 24.01(b) shall apply to an employee who is offered the retention of
substantially the same entitlement to credits accumulated during his or her service with the Employer and who declines
employment on this basis.
41.05 When an official application to negotiate the takeover of a school is received from a band council, the
Department of Indian and Northern Affairs Canada will notify the appropriate Alliance representative as soon as
possible.
41.06 As far in advance as possible of the proposed date of any termination or transfer of operations, the
Employer will notify the employees involved and will provide an opportunity for consultation with the Alliance on
details of the future pay and benefit entitlements.
42.01 This clause applies to employees certified in the Elementary and Secondary Teaching subgroup or as a
Teacher Aide.
(a) Professional Development Sessions
The Employer recognizes the usefulness of professional development and, where possible, one period per year may be
set aside to arrange such a session. The session content will be discussed with the appropriate consultation committee
and the expenses of such a session, subject to operational constraints, will be borne by the Employer. If the session
is held away from an employee's work location and the employee is unable to attend, he or she will be considered on
duty provided that he or she performs duties as assigned by the Employer for the duration of the professional
development session.
It is understood that other professional development days will also be granted, in accordance with present
practice.
(b) Transportation
The parties agree that, except in cases of emergency, employees will not be required to use their private vehicle in
the performance of their duties if other means of transportation are available. Should employees be required to use
their private vehicle for field trips or similar activities, they will be reimbursed in accordance with the Treasury
Board Travel Directive.
42.02 This clause applies to employees certified in the Language Teaching sub-group and the EU - Physical
Education Instructors.
At the request of an employee who takes a course offered by the Employer, the Employer shall provide a certificate
indicating the subject of the course, the name of the person who gave the course, the date on which it was given and
its duration, provided the employee requests a certificate within thirty (30) days of completion of such a course.
|