Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The parties to this Agreement share a desire to
improve the quality of the Career Foreign Service within the
Public Service of Canada, to maintain and enhance the
professional standards of Foreign Service officers to the end
that the people and Government of Canada will be well and
effectively served in the furtherance of Canada's national
interests in Canada and abroad. Accordingly, they are determined
to establish within the framework provided by law an effective
working relationship.
1.02 The purpose of this Agreement is to maintain
harmonious and mutually beneficial relationships between the
Employer, the Association and the career foreign service
employees it represents, and to set forth certain terms and
conditions of employment relating to remuneration, employee
benefits and general working conditions affecting employees
covered by this Agreement.
1.03 The Employer will retain all the functions,
rights, powers and authority not specifically abridged or
modified by this Agreement.
1.04 Nothing in this Agreement shall be construed as an
abridgement or restriction of any employee's constitutional
rights or of any right expressly conferred in an Act of the
Parliament of Canada.
2.01 For the purpose of this Agreement:
"Association" means the Professional Association of
Foreign Service Officers (Association),
"bargaining agent" means the Professional Association
of Foreign Service Officers (agent négociateur),
**
"bargaining unit" means the employees of the Employer in
the Foreign Service Group as described in the certificate issued
by the Public Service Staff Relations Board on March 11, 1968 as
amended on May 10, 1999 (unité de négociation),
**
"common-law spouse" a "common-law spouse" relationship
exists when, for a continuous period of at least one year, an
employee has lived with a person, publicly represented that
person to be his or her spouse and continues to live with the
person as if that person were his or her spouse (conjoint de
fait),
"continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of
Employment Regulations (emploi continu),
"daily rate of pay" means an employee's weekly rate of
pay divided by five (5) (taux de rémunération journalier),
"double time" means twice the straight-time hourly rate
(tarif double),
"employee" means a person who is a member of the
bargaining unit (fonctionnaire),
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person
authorized to exercise the authority of the Treasury Board
(Employeur),
"hourly rate of pay" means an employee's daily rate of
pay divided by seven and one-half (7 1/2) (taux de rémunération
horaire),
"overtime" (heures supplémentaires) means:
(a) in the case of a full-time employee, authorized work
performed in excess of his scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work
performed in excess of seven and one-half (7 1/2) hours per day
or thirty-seven and one-half (37 1/2) hours per week but does not
include time worked on a holiday,
or
(c) for any employee whose normal scheduled hours of work are
in excess of seven and one-half (7 1/2) hours per day, authorized
work performed in excess of those normal scheduled daily hours or
an average of thirty-seven and one-half (37 1/2) hours per
week,
"part-time employee" means an employee whose normal
scheduled hours of work on average are less than thirty-seven and
one-half (37 1/2) hours per week, but not less than those
prescribed in the Public Service Staff Relations Act
(fonctionnaire à temps partiel),
"spouse" will, when required, be interpreted to include
"common-law spouse" except, for the purposes of the Foreign
Service Directives, in which case the definition of "spouse" will
remain as specified in Directive 2 of the Foreign Service
Directives (conjoint),
"time and one-half" means one and one-half (1 1/2)
times the straight-time
"weekly rate of pay" means an employee's annual rate of
pay divided by 52.176 (taux de rémunération hebdomadaire).
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement:
(a) if defined in the Public Service Staff Relations
Act, have the same meaning as given to them in the Public
Service Staff Relations Act,
(b) if defined in the Interpretation Act, but not
defined in the Public Service Staff Relations Act, have
the same meaning as given to them in the Interpretation
Act,
and
(c) if defined in the Public Service Terms and Conditions
of Employment Regulations but not defined in either the
Public Service Staff Relations Act or the
Interpretation Act, have the same meaning as given to them
in the Public Service Terms and Conditions of Employment
Regulations as they are amended from time to time.
2.03 The parties to this Agreement share a desire to
eliminate sexual stereotyping from all government communications
and, to this end, have agreed to give equal importance to both
sexes in alternating the use of the feminine and masculine
genders in the wording of this Agreement. Therefore, unless
otherwise indicated by the context, what is formulated in the
feminine gender includes the masculine and vice versa.
2.04 The English and French texts of this Agreement are
equally authentic.
3.01 Subject to the provisions of this Article, the
Employer will, as a condition of employment, deduct an amount
equal to the membership dues from the monthly pay of all
employees in the bargaining unit.
3.02 The Association shall inform the Employer in
writing of the authorized monthly deduction to be checked off for
each employee defined in clause 3.01. The Association shall give
at least three (3) months' advance notice to the Employer of any
amendment to the amount of the authorized monthly deduction.
3.03
(a) For new employees to the bargaining unit, the provisions
of clause 3.01 will commence the first full month of employment
to the extent that earnings are available.
(b) Where any employee does not have sufficient earnings in
respect of any month to permit deductions, the Employer shall not
be obligated to make such deductions from subsequent salary.
3.04 An employee, who satisfies the Employer to the
extent that she declares in an affidavit that she is a member of
a religious organization whose doctrine prevents her as a matter
of conscience from making financial contributions to an employee
organization and that she will make contributions to a charitable
organization registered pursuant to the Income Tax Act,
equal to dues, shall not be subject to this Article, provided
that the affidavit submitted by her is countersigned by an
official representative of the religious organization
involved.
3.05 The amounts deducted in accordance with
clause 3.01 shall be remitted to the Association by cheque within
a reasonable period of time after deductions are made and shall
be accompanied by the name and pay number of each employee and
the amount of the deductions made on the employee's behalf.
3.06 The Employer shall provide a monthly revocable
check-off of premiums payable on insurance plans, provided by the
Association for its members in the bargaining unit, on the basis
of presentation of appropriate documentation, provided that the
amounts so deducted are combined with membership dues in a single
monthly deduction. The Employer will not be required to inform an
employee when her insurance plan coverage is affected because of
lack of sufficient earnings to cover deductions or because of her
transfer out of or into the bargaining unit.
3.07 The Association agrees to indemnify and save the
Employer harmless against any claim or liability arising out of
the application of this Article, except for any claim or
liability arising out of an error committed by the Employer.
4.01 The communication facilities of the Employer are
for the delivery of government programs. Nevertheless, in the
situations circumscribed by clauses 4.03 and 4.04 and subject to
operational requirements, the Employer agrees to cooperate in
providing certain facilities for communications between the
Association and the employees on foreign assignment.
4.02 The Association agrees to indemnify and save the
Employer harmless against any claim or liability arising out of
the application of this Article.
4.03 Foreign Affairs Mail Distribution Service
Notwithstanding any restrictions on use of government mail
facilities, the departmental internal mail facilities may be used
for communications between the Association and the employees on
foreign assignment, in conformity with applicable Employer
policies as amended from time to time.
4.04 Departmental Electronic Mail Systems
The use of departmental electronic mail systems will require
prior approval of the appropriate departmental authorised
representative, and will only be permitted for communications
between the Association and the employees on foreign assignment,
in the following circumstances:
(a) Communications between the Association and all of the
employees on foreign assignment will be permitted in cases
where
(i) as a result of the impending introduction of new Employer
policies affecting the welfare of the employees as a whole, the
Association needs to consult with the employees on an urgent
basis,
or
(ii) by mutual agreement, it is in the interest of both the
Association and the Employer, to communicate urgent messages to
all employees on foreign assignment.
(b) Communications between the Association and individual
employees on foreign assignment will be permitted only where
commercial telecommunication facilities are not readily available
to either the Association or the employee, and provided that the
following situations exist:
(i) statutory or contractual deadlines are involved which
cannot be extended by mutual agreement between the Employer and
the employee or the Association;
(ii) the employee could lose the insurance plan coverage
provided through the Association.
5.01 The Employer agrees to supply the Association each
month with the name, geographic location and classification level
of each employee who enters or leaves the bargaining unit.
5.02 The Employer agrees to provide each employee with
a copy of this Agreement.
6.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and will consult on matters of
common interest.
6.02 The subjects for joint consultation shall include
career development.
6.03 Without limiting the manner in which the parties
agree to consult, the Department of Foreign Affairs and
International Trade and the Department of Citizenship and
Immigration undertake to maintain a consultation process with the
Association in accordance with terms of reference which are
mutually agreed upon.
**
7.01 An employee who is required to attend a meeting, the
purpose of which is to conduct a disciplinary hearing concerning
her or to render a disciplinary decision concerning her,
shall:
(a) where practicable, receive a minimum of one day's notice
of such a meeting, and
(b) at her request, have a representative of the Association
attend the meeting, when the representative is readily
available:
**
7.02 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 her 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.
**
7.03 The Employer shall notify the Executive Director of
the Association that such suspension and, at the written
agreement of the employee, that such termination has
occurred.
7.04 The Employer agrees not to introduce as evidence
in a hearing relating to disciplinary action any document from
the file of an employee, the existence of which she was not aware
at the time of filing or within a reasonable period
thereafter.
7.05 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.
8.01 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 14of the NJC By-Laws.
8.02 Subject to and as provided in Section 91 of the
Public Service Staff Relations Act, an employee who feels
that he has been treated unjustly or considers himself 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 8.05
except that,
(a) where there is another administrative procedure provided
by or under any Act of Parliament to deal with his 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, he is not
entitled to present the grievance unless he has the approval of
and is represented by the Association.
8.03 Except as otherwise provided in this Agreement a
grievance shall be processed by recourse to the following
levels:
(a) level 1 - that level of management authorized to respond
to grievances at Level 1;
(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 hisauthorized
representative.
8.04 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 Association.
8.05 An employee who wishes to present a grievance at a
prescribed level in the grievance procedure, shall transmit this
grievance to his 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.
8.06 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 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.
8.07 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.
8.08 An employee may be assisted and/or represented by
the Association when presenting a grievance at any level.
8.09 The Association 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.
8.10 An employee may present a grievance to the First
Level of the procedure in the manner prescribed in clause 8.05,
not later than the twenty-fifth (25th) day after the
date on which he is notified orally or in writing or on which he
first becomes aware of the action or circumstances giving rise to
grievance.
8.11 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 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 in
writing.
8.12 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.
8.13 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.
8.14 Where an employee has been represented by the
Association in the presentation of his grievance, the Employer
will provide the appropriate representative of the Association
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.
8.15 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.
8.16 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.
8.17 The time limits stipulated in this procedure may
be extended by mutual agreement between the Employer and the
employee and, where appropriate, the Association
representative.
8.18 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 Association.
8.19 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.
8.20 An employee may abandon a grievance by written
notice to his immediate supervisor or officer-in-charge.
8.21 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 he was unable to
comply with the prescribed time limits due to circumstances
beyond his control.
8.22 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 grievance or refrain from exercising his right to
present a grievance as provided in this Agreement.
8.23 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 the
employee 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 his grievance has not been dealt with to his satisfaction,
he may refer the grievance to adjudication in accordance with the
provisions of the Public Service Staff Relations Act and
Regulations.
8.24 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 of a provision of
this Agreement or an arbitral award, he is not entitled to refer
the grievance to adjudication unless the
Associationsignifies in theprescribed
manner:
(a) its approval of the reference of the grievance to
adjudication,
and
(b) its willingness to represent the employee in the
adjudication proceedings.
9.01 Where, at the request of the Employer, an employee
performs duties outside the Public Service the performance of
which is not under the direction or control of the Employer the
provisions of this Agreement, except for Article 18 - Severance
Pay, do not apply to her. Where the employment of such employee
is terminated, her severance pay entitlement under Article 18
shall be reduced by the amount of any severance pay she receives
from any Employer outside the Public Service under whose
direction and control she was performing her duties.
10.01 Normal Work Week
(a) The normal work week shall be thirty-seven and one-half
(37 1/2) hours from Monday to Friday inclusive, and the normal
work day shall be seven and one-half (7 1/2) hours, exclusive of
a lunch period, between the hours of 7:00 a.m. and 6:00 p.m..
(b) An employee normally shall be granted two (2) consecutive
days of rest during each seven (7) day period.
(c) Subject to operational requirements as determined from
time to time by the Employer, an employee shall have the right to
select and request flexible hours between 7:00 a.m. and 6:00 p.m.
and such request shall not be unreasonably denied.
10.02 Compressed Work Week
(a) Notwithstanding the provisions of clause 10.01, upon
request of an employee and the concurrence of the Employer, an
employee may complete his weekly hours of employment in a period
other than five (5) full days, provided that over a period of
twenty-eight (28) calendar days, he works an average of
thirty-seven and one-half (37 1/2) hours per week.
(b) In every twenty-eight (28) day period, such an employee
shall be granted days of rest on such days as are not scheduled
as a normal workday for him.
(c) The implementation of any variation in hours shall not
result in any additional overtime work or additional payment by
reason only of such variation, nor shall it be deemed to prohibit
the right of the Employer to schedule any hours of work permitted
by the terms of this Agreement.
(d) As part of the provisions of this clause, attendance
reporting shall be mutually agreed between the employee and the
Employer.
10.03 Special Hours of Work
(a) When hours of work other than those provided in
clause 10.01 are in existence when this Agreement is signed, the
Employer, on request, will advise the Association of such hours
of work.
(b) Where hours of work which were in existence when this
Agreement was signed are to be changed so that they are different
from those specified in clause 10.01, the Employer, except in
cases of emergency, will consult in advance with the Association
on such hours of work and, in such consultation, will establish
that they are required to meet the needs of the public and/or the
efficient operation of the Foreign Service.
(c) If, as a result of the application of paragraph (b), an
employee's hours of work are changed to extend before or beyond
the stipulated hours of 7:00 a.m. and 6:00 p.m., as provided in
clause 10.01, and the employee has not received at least
five (5) days notice in advance of such change, he shall be paid
for the first day worked subsequent to such change at time and
one-half (1 1/2). Subsequent days worked on the revised hours
shall be paid for at straight time, subject to the overtime
provisions of this Agreement. The above notice requirement does
not apply when the change in hours of work results from a posting
abroad or an assignment in Canada, pursuant to a rotational
pattern, or from temporary duty abroad or in Canada, if posted
abroad.
(d) employees whose work schedules vary from seven and
one-half (7 1/2) hours per day and/or vary from five (5) days per
week shall be subject to the Variable Hours of Work provisions
established in Article 11 of this Agreement.
(e) Special Hours of Work Premium
An employee working on workdays, half or more of the hours of
which are regularly scheduled between 4:00 p.m. and 8:00 a.m.,
will receive a premium of one dollar ($1.00) per hour for all
hours worked between 4:00 p.m. and 8:00 a.m., including overtime
hours. This premium will not be paid for hours worked between
8:00 a.m. and 4:00 p.m.
(f) Weekend Premium
employees shall receive an additional premium of seventy-five
cents (75¢) per hour for all regularly scheduled hours worked at
the straight-time hourly rate on Saturday and/or Sunday. Where
Saturday and Sunday are not recognized as the weekend at a
mission abroad, the Employer may substitute two (2) other
contiguous days to conform to local practice.
**
11.01 Employer and the Association agree that the
following conditions shall apply to employees for whom variable
hours of work schedules are approved pursuant to clauses 10.02
and 10.03. This Agreement is modified by these provisions to the
extent specified herein.
11.02 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.
11.03 General Terms
(a) The scheduled hours of work of any day as set forth in a
work schedule, may exceed or be less than the normal workday
hours specified by this Agreement; starting and finishing times
shall be determined according to operational requirements as
determined by the Employer and the daily hours of work shall be
consecutive.
(b) Such schedules shall provide an average of thirty-seven
and one-half (37 1/2) hours and an average of five (5) working
days per week over the life of the schedule.
(c) Such schedules shall provide an average of two (2) days of
rest per week over the life of the schedule. A minimum of
two (2) consecutive calendar days of rest must be provided at any
one time, except when days of rest are separated by a designated
paid holiday which is not worked.
(d) The maximum life of a schedule established under
clause 10.03 shall be two (2) months, except at missions abroad
when the normal weekly and daily hours of work are varied by the
Employer to allow for summer and winter hours, in which case the
life of a schedule shall be one (1) year.
11.04 Specific Application of this Agreement
For greater certainty, the following provisions of this
Agreementshall be administered as provided
herein:
Interpretation and Definitions
"Daily rate of pay" - shall not apply.
Travel
Overtime compensation referred to in clause 16.04 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 the normal
daily hours specified by this Agreement.
(b) When an employee works on a Designated Paid Holiday, the
employee shall be compensated, in addition to the normal daily
hours' pay specified by this Agreement, time and one-half (1 1/2)
for each completed period of half (1/2) hour worked by her.
**
Acting Pay
The qualifying period for acting pay as specified in
clause 42.08 shall be converted to hours.
12.01 Exclusion
The provisions of this Article do not apply where an employee
is required to attend social engagements.
12.02 General
(a) Subject to clause 12.01, an employee is entitled to
overtime compensation for each completed period of half (1/2)
hour of overtime worked by him:
(i) when the overtime work is authorized in advance by the
Employer or is in accordance with standard operating
instructions,
and
(ii) when the employee does not control the duration of the
overtime work.
(b) employees shall record starting time and finishing times
of overtime work in a form determined by the Employer.
12.03 Overtime Compensation on A Scheduled Work Day
Subject to clause 12.02, an employee who is required by the
Employer to work overtime on a scheduled work day shall be
granted compensation at time and one-half (1 1/2) for each
completed period of half (1/2) hour of overtime worked.
12.04 Overtime Compensation on A Day Of Rest
(a) Subject to clause 12.02, an employee who is required by
the Employer to report for duty and works on his days of rest
shall be compensated for each completed period of half (1/2) hour
of overtime worked by him on his days of rest:
(i) at time and one-half (1 1/2) for the first seven and
one-half (7 1/2) hours,
and
(ii) double (2) time thereafter.
(b) Subject to clause 12.02, an employee who is required by
the Employer to report for duty and works on two (2) or more
consecutive and contiguous days of rest shall be compensated at
double (2) time for each completed period of half (1/2) hour of
overtime worked by him on the second and each subsequent day of
rest.
12.05 Reporting Pay
Subject to clause 12.02, an employee who is required by the
Employer to report for duty and reports on a day of rest shall be
paid the greater of:
(a) compensation for each completed period of half (1/2) hour
worked at the applicable overtime rate of pay;
or
(b) compensation for a minimum period of three (3) hours at
the applicable overtime rate of pay, except that this minimum
shall apply only the first time that he reports for work during a
period of eight (8) hours starting with his first reporting.
12.06 The Employer shall endeavour to pay cash overtime
compensation by the eight (8th) week after which it is
claimed.
12.07 Compensatory Leave
(a) Compensation earned under this Article and the Designated
Holiday Article shall be compensated in cash or, upon mutual
agreement between the employee and the Employer, in equivalent
leave with pay.
(b) The Employer reserves the right to direct an employee to
take leave accumulated under this Article but in so doing shall
endeavour to grant such leave at times he may request.
(c) If any leave cannot be liquidated by the end of the fiscal
year, it will be paid off at his hourly rate of pay as calculated
from the classification prescribed in his certificate of
appointment of his substantive position on the last day of the
fiscal year.
12.08 Transportation Expenses
(a) When an employee is required to report for work and
reports under the conditions described in clause 12.05, and is
required to use transportation services other than normal public
transportation services, he 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 automobile when the
employee travels by means of his own automobile,
or
(ii) out-of-pocket expenses for other means of commercial
transportation.
(b) Except 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 the employee's residence shall
not constitute time worked.
**
12.09 Overtime Meal Allowance
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following his scheduled hours
of work shall be reimbursed for one meal in the amount of $9.00
except where free meals are provided. Reasonable time with pay to
be determined by the Employer shall be allowed the employee in
order to take a meal either at or adjacent to his place of
work.
(b) When an employee works overtime continuously extending
four (4) hours or more beyond the period provided in (a) above,
he shall be reimbursed for one additional meal in the amount of
$9.00, except where free meals are provided. Reasonable time with
pay, to be determined by the Employer, shall be allowed the
employee in order that he may take a meal break either at or
adjacent to his place of work.
(c) Clause 12.09(a) and (b) shall not apply to an employee who
is in travel status, which entitles the employee to claim
expenses for lodging and/or meals.
13.01 Exclusion
An employee who receives a call to duty or responds to a
telephone or data line call after completing her work for the day
and leaving her place of work, may at the discretion of the
Employer work at the employee's residence or at another place to
which the Employer agrees, and receive compensation for time
worked in accordance with the Overtime Article. In such
instances, the employee shall not be entitled to the minimum
compensation under sub-paragraph 13.02(a)(iv).
13.02
(a) If an employee is called back to work:
(i) on a designated paid holiday which is not her scheduled
day of work,
or
(ii) on her day of rest,
or
(iii) after she has completed her work for the day and has
left her place of work
and returns to work, she shall be paid the greater of:
(iv) compensation equivalent to three (3) hours pay at the
applicable overtime rate of pay except that this compensation
shall apply only the first time that she reports for work during
a period of eight hours, starting with her first reporting; this
compensation shall include any reporting pay pursuant to the
Reporting Pay provisions of this Agreement,
or
(v) compensation at the applicable rate of overtime
compensation for each completed period of half (1/2) hour
worked,
provided that the period worked by her is not contiguous to
her normal hours of work.
(b) The minimum payment referred to in subparagraph (a)(iv)
does not apply to part-time employees. Part-time employees will
receive a minimum payment in accordance with clause 17.07.
13.03 Except when required by the Employer to use a
vehicle of the Employer for transportation to work location other
than an employee's normal place of work, time spent by the
employee reporting to work or returning to her residence shall
not constitute time worked.
14.01 Exclusion
An employee who is on standby and receives a call to duty or
is required to respond to telephone calls or data line calls, may
at the discretion of the Employer work at the employee's
residence or at another place to which the Employer agrees, and
receive compensation for time worked in accordance with the
Overtime Article. In such instances, the employee shall not be
entitled to compensation under subparagraph 14.05(a)(ii).
**
14.02 When the Employer requires an employee to be
available on standby during off-duty hours an employee shall be
compensated at the rate of one-half (1/2) hour for each
four (4) hour period or portion thereof for which he has been
designated as being on standby duty.
14.03 An employee designated for standby duty shall be
available during his period of standby at a known
telecommunications link number and be able, as specified by the
Employer:
(a) to return for duty to a workplace designated by the
Employer within a period of time specified by the Employer, if
called;
or
(b) to respond to telephone calls or data line
callsreceived from Employer authorized sources.
14.04 No standby payment shall be granted if an
employee is unable to report for duty in accordance with
paragraph 14.03(a) when required, or is not available to respond
in accordance with paragraph 14.03(b).
14.05
(a) An employee on standby who is required to return for duty
to a workplace designated by the Employer and so returns and
reports for work, shall be paid, in addition to the standby pay,
the greater of:
(i) the applicable overtime rate for each completed period of
half (1/2) hour worked,
or
(ii) the minimum of three (3) hours' pay at the applicable
overtime rate, except that this minimum shall apply only the
first time he reports for work during a period of standby of
eight hours, starting with his first reporting. This compensation
does not apply to part-time employees, who receive a minimum
payment in accordance with clause 17.08.
(b) An employee on standby who is required to respond to
telephone calls or data line calls in accordance with 14.03(b)
shall be paid, in addition to the standby pay, the applicable
overtime rate for each completed period of half (1/2) hour
worked.
(i) Time worked, for purposes of this paragraph, shall
comprise actual time spent by the employee on the telephone or
data line, as well as all other work performed by him which is
authorized in advance by the Employer, or is in accordance
with standard operating instructions.
(ii) Time worked shall be accumulated over each
eight (8) consecutive hours or portion thereof that the employee
is on standby, and he is, subject to (iii) below, entitled to
overtime compensation for such accumulated time to the nearest
completed half (1/2) hour period.
(iii) To qualify for payment for time worked under this
paragraph, the employee shall submit to the Employer, supporting
information satisfactory to the Employer, in such a manner and at
such time as may be determined by the Employer.
14.06 Except 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 residence shall
not constitute time worked
15.01 Exclusion
Clauses 15.05 and 15.06 do not apply where an employee is
required to attend social engagements.
15.02 Subject to clause 15.03, the following days shall
be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council
for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council
as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day when proclaimed by an Act of Parliament
as a National Holiday,
and,
(l) one additional day in each year that, in the opinion of
the Employer, is recognized to be a provincial or civic holiday
in the area in which the employee is employed or in any area
where, in the opinion of the Employer, no such day is recognized
as a provincial or civic holiday, the first Monday in August.
15.03 Clause 15.02 does not apply to an employee
who is absent without pay on both her normal working day
immediately preceding and her normal working day immediately
following the designated paid holiday.
15.04 Designated Paid Holiday Falling on a Day of
Rest
When a day designated as a paid holiday under
clause 15.02 coincides with an employees' day of rest, the
holiday shall be moved to her first normal working day following
her day of rest.
15.05 When a day designated as a paid holiday for an
employee is moved to another day under the provisions of
clause 15.04:
(a) work performed by her on the day from which the
holiday was moved shall be considered as work performed on a day
of rest,
and
(b) work performed by her on the day to which the
holiday was moved, shall be considered as work performed on a
holiday.
15.06 Compensation for work on a Designated Paid
Holiday
(a) An employee who is required by the Employer to report for
duty and works on a designated paid holiday shall receive, in
addition to the pay that she would have received had she not
worked on the holiday, compensation for each completed period of
half (1/2) hour worked by her on the holiday at time and one-half
(1 1/2).
(b) When an employee works on a designated paid holiday which
is not her scheduled day of work, immediately following a day of
rest on which she also worked and received overtime in accordance
with paragraph 12.04(b), she shall receive in addition to the pay
that she would have been granted had she not worked on the
holiday, compensation for each completed period of half (1/2)
hour worked at double time (2).
15.07 Reporting Pay
When an employee is required to report for work and reports on
a designated paid holiday, she shall be paid the greater of:
(a) compensation in accordance with the provisions of
clause 15.06,
or
(b) compensation for a minimum period of three (3) hours at
the applicable overtime rate of pay, except that this minimum
shall apply only the first time that she reports for work during
a period of eight (8) hours starting with her first
reporting.
15.08 Work performed on a designated paid holiday may
be compensated in the equivalent leave with pay in accordance
with clause 12.07.
15.09 Designated Paid Holiday Coinciding with a Day of Paid
Leave
Where a day that is a designated paid holiday for an employee
coincides with a day of leave with pay or is moved as a result of
the application of 15.04, the holiday shall not count as a day of
leave.
16.01 Subject to clause 34.05, no travel compensation
will be paid for travel in connection with postings, courses,
training sessions, professional conferences and seminars.
16.02 Where an employee is required by the Employer to
travel outside of his headquarters area and on government
business, as these expressions are normally defined by the
Employer, and such travel is approved and the means of travel
determined by the Employer, he is entitled to be paid only in
accordance with clause 16.04. Travelling time shall include time
necessarily spent at each stop-over enroute provided such
stop-over is not longer than three (3) hours.
16.03 For purposes of clause 16.04, the travel time to
be paid is as follows:
(a) For travel by public transportation, the time between the
scheduled time of departure and the time of arrival at
destination, except that for travel by aircraft the normal travel
time by taxi to and from the airports will also be considered as
travel time.
(b) For travel by privately-owned automobile, the normal time
as determined by the Employer to drive from the employee's place
of residence or workplace directly to his destination and, upon
his return, direct back to his residence or work place.
(c) In the event that an alternate time of departure,
itinerary 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.
16.04 Subject to clause 16.01, if an employee is
required to travel as set forth in clauses 16.02 and 16.03:
(a) on a normal working day on which the employee travels but
does not work, he shall receive his regular pay for the day.
(b) on a normal working day on which the employee travels and
works, he shall be paid:
(i) his regular pay for the day for a combined period of
travel and work not exceeding his regular scheduled working
hours,
and
**
(ii) at the applicable overtime rate for each completed period
of half (1/2) hour travelled in excess of his regularly scheduled
hours of work and travel, to a maximum payment of
twelve (12) hours pay at the straight-time hourly 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 each
completed period of half (1/2) hour travelled to a maximum of
twelve (12) hours' pay at the straight-time hourly rate of
pay.
17.01 Part-time employees shall be entitled to the
benefits provided under this Agreement in the same proportion as
their normal scheduled weekly hours of work compare with the
normal weekly hours of work of full-time employees unless
otherwise specified in this Agreement.
17.02 Part-time employees shall be paid at the hourly
rate of pay for all work performed up to thirty-seven and
one-half (37 1/2) hours per week.
17.03 The days of rest provisions of this agreement
apply only in a week when a part-time employee has worked
five (5) days and thirty-seven and one-half (37 1/2) hours.
17.04 Leave will only be provided during those periods
in which employees are scheduled to perform their duties.
17.05 Designated Holidays
A part-time employee shall not be paid for the designated
holidays but shall instead be paid a premium of four (4%) percent
for all straight-time hours worked during the period of part-time
employment.
17.06 Notwithstanding clause 17.02, 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 Article 15
she shall be paid at time and one-half (1 1/2) for each completed
period of half (1/2) hour worked.
17.07 Call-Back
When a part-time employee meets the requirements to receive
call-back pay in accordance with clause 13.02 and is entitled to
receive the minimum payment rather than pay for actual time
worked, she shall be paid a minimum payment of four (4) hours pay
at the straight-time hourly rate of pay.
17.08 Reporting Pay
Subject to clause 17.03, when a part-time employee meets the
requirements to receive a minimum payment rather than actual time
worked as reporting pay on a day of rest, in accordance with
clause 12.05(b), or is entitled to receive a minimum payment
rather than pay for actual time worked during a period of
standby, in accordance with sub-paragraph 14.05(a)(ii), she shall
be paid a minimum payment of four (4) hours pay at the
straight-time hourly rate of pay.
**
17.09 Vacation Leave
A part-time employee shall earn vacation leave credits for
each month in which she receives pay for at least twice the
number of hours in her normal work week, at the rate for years of
service established in clause 20.02, prorated and calculated as
follows:
(a) when the entitlement is one and one-quarter (1 1/4) days a
month, .250 multiplied by the number in the employee's work week
per month;
(b) when the entitlement is one and two-thirds (1 2/3) days a
month, .333 multiplied by the number of hours in the
employee's work week per month;
(c) when the entitlement is one and eleven twelfths (1 11/12),
.383 multiplied by the number of hours in the employee's work
week per month;
(d) when the entitlement is two and one-twelfth (2 1/12) days
a month, .417 of the hours in the employee's work week per
month;
(e) when the entitlement is two and a half (2 1/2) days a
month, .500 of the hours in the employee's work week per
month;
(f) however, a part-time employee who has received or is
entitled to receive furlough leave shall have her vacation leave
credits earned reduced by .083 multiplied by the number of the
hours in the part-time work week, beginning in the month in which
the twentieth (20th) anniversary of service occurs
until the beginning of the month in which her twenty-fifth
(25th) anniversary of service occurs.
17.10 Sick Leave
A part-time employee shall earn sick leave credits at the rate
of one-quarter (1/4) of the number of hours in her normal work
week for each calendar month in which she has received pay for at
least twice the number of hours in her normal work week.
17.11 Vacation and Sick Leave Administration
(a) For the purpose of administration of clauses 17.09 and
17.10, where an employee does not work the same number of hours
each week, the normal work week shall be the weekly average
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.
17.12 Severance Pay
Notwithstanding the provisions of Article 18 (Severance Pay),
where the period of continuous employment in respect of which
severance benefit is to be paid consists of both full-time 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
completed years shall be multiplied by the full-time weekly rate
of pay for the classification prescribed in the employee's
certificate of appointment of her substantive position on the
date of the termination of her employment to produce the
severance pay benefit.
17.13 Pay
A part-time employee shall be eligible to receive an in-range
pay increase when she 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 her level is not
exceeded. The in-range pay increase date shall be the first
working day following completion of the hours specified in this
clause.
18.01 When calculating entitlements under this Article,
the weekly rate of pay referred to in this Article shall be the
weekly rate of pay to which the employee is entitled for his
classification.
18.02 Under the following circumstances and subject to
clause 18.03 an employee shall receive severance entitlements
calculated on the basis of his weekly rate of pay:
**
(a) On first lay-off after February 28, 1969, two (2) weeks' pay
for the first 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 365;
**
(b) On second or subsequent lay-off after February 28, 1969,
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 365, less any period in
respect of which the employee was granted severance pay under
(a) above
(c) On resignation, subject to paragraph 18.02(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
with a maximum entitlement of thirteen (13) weeks.
(d) 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,
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 365, with a maximum benefit
of thirty (30) weeks.
(e) If an employee dies, there shall be paid to his estate,
one (1) week's pay for each 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 365, to a maximum of thirty (30) weeks,
regardless of any other entitlements payable.
(f) 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 or 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
of pay for each complete year of continuous employment with a
maximum benefit of twenty-eight (28) weeks.
**
(g) On rejection on probation, when an employee has completed
more than one (1) year of continuous employment and ceases to be
employed, one (1) week's pay for each complete year of continuous
employment with a maximum benefit of twenty-seven (27) week's pay
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 365.
**
18.03 The period of continuous employment used in the
calculation of severance entitlements payable to an employee
under this Article shall be reduced by any period of continuous
employment in respect of which he was already granted any type of
termination benefit by the Public Service, a Federal Crown
Corporation, the Canadian Forces or the Royal Canadian Mounted
Police. Under no circumstances shall the maximum severance pay
provided under clause 18.02 be pyramided.
19.01
(a) When an employee becomes subject to this Agreement, her
earned daily leave credits shall be converted into hours. When
she ceases to be subject to this Agreement, her earned hourly
leave credits shall be reconverted into days, with one day being
equal to seven and one-half (7 1/2) hours.
(b) When leave is granted, it will be granted on an hourly
basis and the number of hours debited for each day of leave being
equal to the number of hours of work scheduled for the employee
for the day in question.
(c) Notwithstanding the above, in clause 30.02, Bereavement
Leave with Pay, a "day" will mean a calendar day.
19.02 Except for vacation leave requests, the employee,
when required by the Employer, must provide satisfactory
validation of the circumstances necessitating any requests for
leave with or without pay under this Part, in such manner and at
such time as may be determined by the Employer.
19.03 Except as otherwise specified in this Agreement,
where leave without pay for a period in excess of
three (3) months is granted to an employee, the total period of
leave granted shall be deducted from "continuous employment" for
the purpose of calculating severance pay and "service" for the
purpose of calculating vacation leave.
|