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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
**
20.01 Subject to clause 20.02, the following days shall
be designated paid holidays for non-operating 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 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 additional day is
recognized as a provincial or civic holiday, the first Monday in
August,
and
(l) one additional day when proclaimed by an Act of Parliament
as a National Holiday.
**
20.02
(a) Clause 20.01 does not apply to an employee who is absent
without pay on both the working day immediately preceding and the
working day following the designated paid holiday, except in the
case of an employee who is granted leave without pay under the
provisions of Article 18, Leave With or Without Pay for the Union
Business or for other activities under the Public Service
Staff Relations Act, and in respect of whom the Union has
certified that the employee was paid by the Union for the Union
business conducted on the working day immediately preceding and
the working day immediately following the designated paid
holiday.
and
(b) An employee who is absent without leave on a designated
paid holiday, or the day to which a designated paid holiday is
moved by reason of clause 20.03, on which he is scheduled to work
shall not be entitled to be paid for the holiday.
Holiday Falling on a Day of Rest
20.03 When a day designated as a holiday under clause
20.01 coincides with an employee's day of rest, the holiday shall
be moved to the employee's first scheduled working day following
his day of rest.
20.04 When a day designated as a holiday for an
employee is moved to another day under the provisions of clause
20.03:
(a) work performed by an employee 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 an employee on the day to which the
holiday was moved, shall be considered as work performed on a
holiday.
Compensation for Work on a Holiday
20.05 The following shall apply to all Non-Operating
employees. Where an employee works on a holiday, he shall be paid
in addition to the pay that he would have been granted had he not
worked on the holiday:
(a) one and one-half (1 1/2) times his hourly rate of pay for the
first eight (8) hours worked,
and
(b) two (2) times his hourly rate of pay for hours worked in
excess of eight (8) hours.
**
20.06 Where a non-operating employee who is employed in
a continuous operation which does not shut down on a designated
paid holiday works on that holiday:
(a) He shall be paid compensation in accordance with the
provisions of clause 20.05,
or
(b) upon request, and with the approval of the Employer he
shall be granted:
(i) seven decimal five (7.5) hours of leave with pay at a
later date in lieu of the holiday,
and
(ii) pay at one and one-half (1 1/2) times his hourly rate of
pay for the first eight (8) hours worked,
(iii) twice (2) his hourly rate of pay for hours worked in
excess of eight (8) hours.
**
(c) Consistent with operational requirements of the service and
subject to adequate notice, the Employer shall make every
reasonable effort to grant lieu hours at times desired by the
employee.
**
(d) If any lieu hours cannot be liquidated by the end of the
vacation year, they will be paid off at the employee's daily rate
of pay or, upon the written request of the employee and with the
approval of the Employer, lieu days may be carried over to the
following vacation year.
**
20.07 The following shall apply to all Operating
Employees.
(a) On April 1st of each year each employee shall be
credited with one hundred and twenty (120) hours in lieu ("lieu
hours") of designated holidays;
(b) A deduction shall be made from the credited lieu hours for
which the employee is absent without leave on the designated
holiday as listed in clause 20.01;
(c) Lieu hours may be taken in conjunction with days of rest
or vacation leave or a combination thereof or as occasional days
and shall be charged against the lieu hours credits on the basis
of the employee's regularly scheduled hours of work;
(d) Consistent with operational requirements of the service
and subject to adequate notice the Employer shall make every
reasonable effort to grant lieu hours at times desired by the
employee;
(e) When operational requirements prevent the Employer from
providing lieu hours to which the employee was entitled prior to
the end of the fiscal year, the remaining hours shall be paid off
at the employee's straight-time rate of pay in effect at that
time;
(f) Any leave granted under the provisions of this clause in
advance of the holidays occurring after the date of an employee's
termination, resignation or commencement of retirement shall be
subject to recovery of pay;
(g) Employees who work on a designated paid holidays, or the
day to which the holiday is moved as provided in 20.03 shall be
paid at their straight-time hourly rate for all regularly
scheduled hours of work. For hours worked in excess of the
employees regularly scheduled hours of work shall be paid in
accordance with Article 21, Hours of Work and Overtime.
Holiday Coinciding With A Day of Paid Leave
**
20.08 When a day that is a designated paid holiday for
an non-operating employee falls within a period of leave with
pay, the holiday shall not count as leave.
Non-Operating Employees
21.01 Where hours of work are scheduled for employees
on a regular basis, they shall be scheduled so that
employees:
(a) work thirty-seven and one-half (37 1/2) hours and five (5)
days per week,
and
(b) work seven and one-half (7 1/2) hours per day.
21.02 Notwithstanding the provisions of this Article,
upon request of an employee and the concurrence of his 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 fourteen (14) calendar days the employee works an average of
thirty-seven and one-half (37 1/2) hours per week. As part of the
provisions of this clause, attendance reporting shall be mutually
agreed between the employee and the Employer. In every fourteen
(14)-day period such an employee shall be granted days of rest on
such days as are not scheduled as a normal work day for him.
Notwithstanding anything to the contrary contained in this
Agreement, the implementation of any variation in hours shall not
result in any additional overtime work or additional payment by
reason only of such variation, nor shall it be deemed to prohibit
the right of the Employer to schedule any hours of work permitted
by the terms of this Agreement.
Any special arrangement established under this clause shall be
subject to the provisions of Appendix "D" of this collective
agreement.
Operating Employees
**
21.03
(a) Where hours of work are scheduled for employees on a
rotating or irregular basis, they shall be averaged so that
employees over a period not exceeding one hundred and twenty six
(126) days:
(i) work an average of thirty-seven and one-half (37 1/2)
hours per week.
(ii) work shifts of eight (8) or twelve (12) hours duration
(except as may be otherwise agreed under Appendix "E"), where a
shift is defined as the continuous duration of time between the
employee's scheduled start time and the scheduled stop time.
(iii) Employees of the same classification and level at a
location shall all work either all 8-hour shifts, or all 12-hour
shifts (except as may be otherwise agreed under Appendix "E"). The shift durations in place at each centre shall not be
altered except by mutual agreement between the Employer and the authorized union representative at the regional level.
(iv) work consecutive shifts of not more than six (6) eight
(8) hour shifts and not more than four (4) twelve (12) hour
shifts.
(b) An employee's days of rest shall be consecutive and not less
than three (3) when working an eight (8) hour shift schedule, and
not less than four (4) when working a twelve (12) hour shift
schedule. The first (1st) day of rest will start
immediately after midnight of the calendar day in which the
employee worked, or was scheduled to work, his last regular
shift; the second (2nd) day of rest shall start
immediately after midnight of the employee's first
(1st) day of rest and each subsequent day of rest
shall start immediately after midnight of the preceding day of
rest provided those days are consecutive and contiguous to the
preceding day of rest.
(c) Notwithstanding clauses (a) and (b) above, the
Employer
(i) may, no more than twice in a fiscal year, require an
employee to work seven (7) eight (8) hour shifts or five (5)
twelve (12) hour shifts, once for operational requirements and
once for conversion from non-operational to operational
status;
and
(ii) may, no more than twice in a fiscal year, schedule two
(2) consecutive days of rest when working an eight (8) hour shift
schedule, or three (3) consecutive days of rest when working a
twelve (12) hour shift schedule, once for operational
requirements and once for conversion from non-operational to
operational status.
(d) Notwithstanding clause (b) above, the Employer may change
days of rest as specified in sub-clause (c)(ii) above, as a
result of employee-requested training.
(e) Every reasonable effort shall be made by the Employer:
(i) not to schedule the commencement of a shift within eight
(8) hours of the completion of the employee's previous shift,
and
(ii) to avoid excessive fluctuation in hours of work.
(f) An employee who works more than fifteen (15) consecutive
hours shall not be required to report for work on his next
regularly scheduled shift until a period of at least nine (9)
hours has elapsed from the end of the period of work that
exceeded fifteen (15) hours. If as a result of the application of
this sub-clause, an employee works fewer hours than called for on
his next regularly scheduled shift, he shall nevertheless receive
the full rate of pay for that shift.
(g) For training or mutually agreed upon work assignments the
employee may be changed to non-operating status. During such
periods, his hours of work will be governed by clauses 21.01 and
21.02.
Appendix "E" of this collective agreement contains provisions
applicable to operational employees whose hours of work vary from
those specified in this clause.
General
21.04 An employee's scheduled hours of work shall not
be construed as guaranteeing the employee minimum or maximum
hours of work.
**
21.05
(a) The Employer agrees to consult with the Union
representatives in the establishment of shift schedules
established in accordance with clause 21.03.
(b) The Employer agrees that, before a schedule of working
hours is changed, the change will be discussed with the
appropriate representative of the Union, if the change will
affect a majority of the employees governed by the schedule.
21.06 Provided sufficient advance notice is given and
with the approval of the Employer, employees may exchange shifts
if there is no increase in cost to the Employer. Once an exchange
of shifts has been approved, it will be the responsibility of the
employees involved to report for duty in accordance with the
approved exchange. Penalties and costs identified under Article
21 will not apply as a result of a shift exchange.
**
21.07
(a) An employee's shift schedule shall cover a period of at
least sixty-three (63) days and shall be posted thirty (30) days
in advance of its starting date. Every reasonable effort will be
made by the Employer to minimize changes to an employee's days of
rest. If an employee is given less than fifteen (15) days'
advance notice of a change in his shift schedule, he will receive
a premium rate of time and one-half (1 1/2) for work performed on
the first shift changed. Subsequent shifts worked on the new
schedule shall be paid for at the hourly rate of pay. Such
employee shall retain his previously scheduled days of rest next
following the change or if worked, such days of rest shall be
compensated in accordance with the overtime provisions of this
Agreement.
(b) A planning schedule shall be posted prior to the end of
January for the subsequent fiscal year. This schedule shall be
updated on issuance of each shift schedule in that fiscal year to
reflect any changes.
Overtime
21.08
(a) "overtime" means in the case of a full-time employee
authorized work performed in excess of his normal scheduled hours
of work;
(b) "time and one-half" means one and one-half (1 1/2) times
the hourly rate of pay;
and
(c) "double time" means twice (2) the hourly rate of pay.
Assignment of Overtime Work
21.09 Subject to operational requirements of the
service, the Employer shall make every reasonable effort:
(a) to allocate overtime work on an equitable basis among readily
available qualified employees;
and
(b) to give employees who are required to work overtime
adequate advance notice of this requirement;
(c) employees whose normal scheduled hours of work are less
than thirty-seven and one-half (37 1/2) hours per week shall be
entitled to overtime work as per clause 21.09(a) in the same
proportion as their weekly hours of work compare to the weekly
hours of work of a full-time employee.
**
21.10 The Union is entitled to consult the deputy
minister or his representative whenever it is alleged that
employees are required to work unreasonable amounts of
overtime.
Overtime Compensation
21.11 Each six (6) minute period of overtime shall be
compensated for at the following rates:
(a) time and one-half (1 1/2), except as provided for in
paragraphs 21.11(b), (c), (d) or (e);
(b) double time (2) for all hours of overtime worked in excess
of eight (8) consecutive hours of overtime in any contiguous
period;
(c) on a day of rest double (2) time for all hours worked in
excess of eight (8) hours for that day;
(d) double time (2) for all hours worked on a second or
subsequent day of rest in an unbroken series of consecutive and
contiguous days of rest, provided the employee has worked and has
received time and one-half (1 1/2) his straight-time hourly rate
on a day of rest in that series;
**
(e) time and three-quarter (1 3/4) for all hours of overtime
worked by an employee working variable hours, on a working day or
on days of rest.
**
21.12
(a) An employee who works three (3) or more hours of
overtime:
(i) immediately before his scheduled hours of work and who has
not been notified of the requirement prior to the end of his last
scheduled work period,
or
(ii) immediately following his scheduled hours of work
shall be reimbursed for one (1) meal in the amount of ten
dollars ($10) except where free meals are provided. Reasonable
time with pay, to be determined by management, shall be allowed
the employee in order that he may take a meal break either at or
adjacent to his place of work. This clause shall not apply to an
employee who is in travel status which entitles him to claim
expenses for lodging and/or meals.
(b) When an employee works overtime continuously extending
four (4) hours or more beyond the period provided for in (a)
above, he shall be reimbursed for one additional meal in the
amount of ten dollars ($10), except where free meals are
provided. Reasonable time with pay, to be determined by
management, shall be allowed the employee in order that he may
take a meal break either at or adjacent to his place of work.
This clause shall not apply to an employee who is in travel
status which entitles him to claim expenses for lodging and/or
meals.
21.13
(a) Overtime shall be compensated in cash, except where upon
request of an employee and with the approval of the Employer,
overtime shall be compensated by paid time off computed at the
same premium rate as the overtime.
(b) If any compensatory time earned cannot be liquidated by
the end of the fiscal year it will be paid off at the employee's
hourly rate of pay.
Rest Periods - Operating Employees
21.14 Where operational requirements permit, the
Employer will provide operating employees with meal and relief
breaks.
21.15 When an employee is required to work either
contiguous or non-contiguous overtime, time spent by the employee
reporting to or returning from work shall not constitute time
worked.
21.16 The Employer will endeavour to make cash payments
for overtime during the month following that in which the credits
were earned.
22.01 When an employee is required by the Employer to
travel to or from his Headquarters area as normally defined by
the Employer, his method of travel shall be determined by the
Employer and he shall be compensated in the following manner:
(a) On a normal working day on which he travels but does not
work, the employee shall receive his regular pay for the day.
(b) On a normal working day on which he travels and works, the
employee shall be paid:
(i) his regular pay for the day for a combined period of
travel and work not exceeding eight (8) hours,
and
(ii) at the applicable overtime rate for additional travel
time in excess of an eight (8)-hour period of work and travel,
with a maximum payment for such additional travel time not to
exceed twelve (12) hours' pay at the hourly rate of pay in any
day.
(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 hourly
rate of pay.
(d) 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.
(e) If any lieu time earned cannot be liquidated by the end of
the fiscal year, then payment in cash will be made at the
employee's then current rate of pay.
22.02 Clause 22.01 does not apply to an employee
travelling by means of any type of transport in which he is
required to perform work. In such circumstances, the employee
shall receive the greater of
(a) on a normal working day, his regular pay for the day,
or
(b) pay for actual hours worked in accordance with Articles 20
and 21 of this Agreement.
22.03 Travel time shall include time necessarily spent
at each stop-over en route provided such stop-over is not longer
than three (3) hours.
**
22.04 Travel Status Leave
(a) An employee who is required to travel outside his or her
headquarters area on government business, as these expressions
are defined by the Employer, and is away from his permanent
residence for forty (40) nights during a fiscal year shall be
granted seven decimal five (7.5) hours off with pay. The employee
shall be credited with an additional seven decimal five (7.5)
hours off for each additional twenty (20) nights that the
employee is away from his or her permanent residence to a maximum
of eighty (80) nights.
(b) The maximum number of days off earned under this clause
shall not exceed thirty-seven decimal five (37.5) hours in a
fiscal year and shall accumulate as compensatory leave with
pay.
(c) This leave with pay is deemed to be compensatory leave and
is subject to paragraphs 21.13(b).
The provisions of this clause do not apply when the employee
travels in connection with courses, training sessions,
professional conferences and seminars.
**
23.01 An employee working rotating or irregular shifts
will receive a shift premium of two dollars ($2.00) per hour for
all hours worked, including overtime hours, during the period
between 16:00 and 08:00 local time.
**
23.02
(a) Employees shall receive an additional premium of two
dollars ($2.00) per hour for work on a Saturday and/or Sunday for
hours worked as stipulated in (b) below.
(b) Weekend premium shall be payable for all hours worked,
including overtime hours, on Saturday and/or Sunday.
(c) Weekend premium is not applicable to persons employed on a
casual or temporary basis for a period of less than six (6)
months, as defined in the Public Service Staff Relations
Act.
24.01 If an employee is called back to work:
(a) on a designated paid holiday which is not his scheduled day
of work,
or
(b) on his day of rest,
or
(c) after he has completed his work for the day and has left
his place of work,
and returns to work he shall be entitled to the greater
of:
(i) the appropriate compensation as specified in Article 20 or
Article 21, whichever is applicable, for any time worked,
or
(ii) compensation equivalent to three (3) hours' pay at the
applicable overtime rate of pay for each call-back to maximum of
eight (8) hours compensation in an eight (8) hour period. Such
maximum shall include any reporting pay pursuant to Article
25.
24.02 When an employee is called back to work under the
conditions described in clause 24.01, and is required to use
transportation services other than normal public transportation
services, he shall be reimbursed for reasonable expenses incurred
as follows:
(a) 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
(b) out-of-pocket expenses for other means of commercial
transportation.
24.03 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location
other than his normal place of work, time spent by an employee
reporting to work or returning to his residence shall not
constitute time worked.
25.01 When an employee is required to report and
reports to work
(a) on a designated paid holiday which is not his scheduled day
of work,
or
(b) on his day of rest,
he is entitled to a minimum of four (4) hours' pay at the
hourly rate of pay.
25.02 When an employee reports to work under the
conditions described in clause 25.01, and is required to use
transportation services other than normal public transportation
services, he shall be reimbursed for reasonable expenses incurred
as follows:
(a) 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
(b) out-of-pocket expenses for other means of commercial
transportation.
25.03 Payments provided under Article 24, Call-Back
Pay, and Article 25, Reporting Pay, shall not be pyramided; that
is an employee shall not receive more than one compensation for
the same service.
25.04 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location
other than his normal place of work, time spent by an employee
reporting to work or returning to his residence shall not
constitute time worked.
26.01 Where the Employer requires an employee to be
available on standby during off-duty hours, such employee shall
be entitled to a standby payment of thirteen dollars ($13) for
each eight (8) consecutive hours or portion thereof that he is
designated as being on standby.
26.02 An employee designated by letter or by list for
standby duty shall be available during his 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.
26.03 No standby payment shall be granted if an
employee is unable to report for duty when required.
26.04 An employee on standby who is called in to work
and who reports for work shall be compensated in accordance with
the call-back provisions of this Agreement.
27.01 Under the following circumstances and subject to
clause 27.02, an employee shall receive severance benefits
calculated on the basis of his weekly rate of pay:
(a) Lay-Off
(i) On the first (1st) lay-off after June 6, 1969,
two (2) weeks' pay for the first (1st) 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 365.
(ii) On second or subsequent lay-off after June 6, 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 27.01 above (a)(i)
above.
(b) Resignation
On resignation, subject to paragraph 27.01(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
On retirement, when an employee is entitled to an immediate
annuity under the Public Service Superannuation Act or
when he 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 with a maximum
benefit of thirty (30) weeks.
(e) Death
If an employee dies, there shall be paid to his estate, one
(1) week's pay for each complete year of continuous employment to
a maximum of thirty (30) weeks' pay, regardless of any other
benefit payable.
(f) Termination for Cause for Reasons of Incapacity
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.
27.02 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
severance pay, retiring leave, rehabilitation leave or cash
gratuity in lieu thereof 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 this Article be pyramided.
27.03 The weekly rate of pay referred to in the above
clauses shall be the weekly rate of pay to which the employee is
entitled for the classification prescribed in his certificate of
appointment on the date of the termination of his employment.
28.01 Except as provided in clauses 28.02, 28.03, 28.04
and 28.05, the terms and conditions governing the application of
pay to employees are not affected by this Agreement.
28.02 An employee is entitled to be paid for services
rendered at:
(a) the pay specified in Appendix "A" for the classification of
the position to which he is appointed, if the classification
coincides with that prescribed in his certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification
prescribed in his certificate of appointment, if that
classification and the classification of the position to which he
is appointed do not coincide.
**
28.03 When an employee is required by the Employer to
perform the duties of a higher classification level on an acting
basis for a period of at least one (1) working day he shall be
paid acting pay calculated from the day on which he commenced to
act as if he had been appointed to that higher classification
level for the period in which he acts.
28.04 If, during the term of this Agreement, a new
classification standard 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 Union the rates of pay and the rules affecting the pay
of employees on their movement to the new levels.
28.05 If an employee dies, the salary due to him on the
last working day preceding his death, shall continue to accrue to
the end of the month in which he dies. Salary so accrued which
has not been paid to the employee as at the date of his death
shall be paid to his estate.
28.06 The increment period for employees paid in the
scale of rates for the RO-00 level is six (6) months. The
increment period for employees paid in the scale of rates for
levels RO-1 through RO-6 inclusive is one (1) year.
28.07 The pay increment date for an employee, appointed
on or after date of signing of this collective agreement, to a
position in the bargaining unit upon promotion, demotion or from
outside the Public Service, shall be the anniversary date of such
appointment. The anniversary date for an employee who was
appointed to a position in the bargaining unit prior to the
signing date of this collective agreement remains unchanged
28.08
(a) The rates of pay set forth in Appendices "A" of shall
become effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A" have an
effective date prior to the date of signing of the Group Specific
Agreement the following shall apply:
(i) "retroactive period" for the purpose of clauses (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
the Agreement is signed or when an arbitral award is rendered
therefor;
(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
units identified in Article 8 of this Agreement during the
retroactive period;
(iii) rates of pay shall be paid in an amount equal to what
would have been paid had the Agreement been signed or an arbitral
award rendered therefor 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 (b)(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
clause 28.08(b) for one dollar ($1.00) or less.
28.09 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.
28.10 Only rates of pay and compensation for overtime
which has been paid to an employee during the retroactive period
will be recomputed and the difference between the amount paid on
the old rates of pay and the amount payable on the new rates of
pay will be paid to the employee.
28.11 An employee whose employment is terminated
voluntarily or involuntarily other than by reason of retirement
or lay-off during the retroactive period and who is re-employed
during the retroactive period and is an employee on the date of
signing of this Collective Agreement shall only be entitled to
retroactive pay from the date of commencement of the employee's
most recent period of employment during the retroactive
period.
28.12 Notwithstanding clause 28.10 an employee whose
employment terminates during the retroactive period because of
completion of the term for which the employee is appointed and
who becomes re-employed and is an employee on the date of signing
of this Collective Agreement shall be entitled to retroactive pay
for any period of employment during the retroactive period.
Education Leave Without Pay
29.01 The Employer recognizes the usefulness of
Education Leave. Upon written application by the employee and
with the approval of the Employer, 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 studies in some field of education in
which preparation is needed to fill his 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.
29.02 At the Employer's discretion, an employee on
education leave without pay under this Article may receive an
allowance in lieu of salary of up to one hundred per cent (100%)
of his annual rate of pay as provided for in Appendix "B", of
this Agreement, depending on the degree to which the education
leave is deemed, by the Employer, to be relevant to
organizational requirements. Where the employee receives a grant,
bursary or scholarship, the education leave allowance may be
reduced. In such cases, the amount of the reduction shall not
exceed the amount of the grant, bursary or scholarship.
29.03 Allowances already being received by the employee
may at the discretion of the Employer be continued during the
period of the education leave. The employee shall be notified
when the leave is approved whether such allowances are to be
continued in whole or in part.
29.04 As a condition of the granting of education leave
without pay an employee shall, if required, give a written
undertaking prior to the commencement of the leave to return to
the service of the Employer for a period of not less than the
period of the leave granted.
If the employee:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion
of the course;
or
**
(c) ceases to be employed, except by reason of death or
lay-off, before termination of the period he has undertaken to
serve after completion of the course;
he shall repay the Employer all allowances paid to him under
this Article during the education leave or such lesser sum as
shall be determined by the Employer.
Career Development Leave With Pay
29.05
(a) Career development refers to an activity which in the
opinion of the Employer is likely to be of assistance to the
individual in furthering his career development and to the
organization in achieving its goals. The following activities
shall be deemed to be part of career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic
institution;
(iii) a seminar, convention or study session in a specialized
field directly related to the employee's work.
(b) Upon written application by the employee, and with the
approval of the Employer, career development leave with pay may
be given for any one of the activities described in paragraph
29.05(a) above. The employee shall receive no compensation under
Article 21, Hours of Work and Overtime, and Article 22, Travelling, during time spent on career development leave
provided for in this clause.
(c) Employees on career development leave shall be reimbursed
for all reasonable travel and other expenses incurred by them
which the Employer may deem appropriate.
Examination Leave With Pay
29.06 Leave 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 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 qualifications.
30.01 Unless it is a requirement of the employee's job,
or unless by prior agreement in writing between the employee and
management, no employee shall be required by the Employer to use
his privately-owned motor vehicle on government business.
31.01 The Public Service Staff Relations Act
provides penalties for engaging in illegal strikes. Disciplinary
action, which may include penalties up to and including
discharge, may also be taken for participation in an illegal
strike as defined in the Public Service Staff Relations
Act.
32.01 If employees whose normal duties are performed on
the premises of industrial employers are prevented from
performing their duties because of a strike or lock-out on the
industrial employers' premises, the employees shall report the
matter to the Employer and the Employer will consider measures
designed to ensure that, so long as work is available, the
employees affected are not denied regular pay and benefits to
which they would normally be entitled.
33.01 The Employer shall continue to make all
reasonable provisions for the occupational safety and health of
employees. The Employer welcomes suggestions on this subject, and
to this end encourages the formation of safety and health
committees at appropriate locations in government departments.
Where such a committee is formed, it may encompass one or all
bargaining units at the location at the discretion of the
Employer. The composition of the Committee, which shall be
composed of personnel employed at the location, will be
determined locally through consultation between management and
local union representatives. The Committee shall meet as required
to consult and make recommendations on matters of occupational
health and safety; within the scope of the policies, procedures
and standards prescribed by the Employer, and which are designed
or intended to prevent or reduce the risk of occupational injury
and illness.
34.01 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 Section 7.0 of the NJC By-Laws.
34.02 Subject to and as provided in Section 90 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 34.05
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 Collective Agreement or an Arbitral Award, he
is not entitled to present the grievance unless he has the
approval of and is represented by the Union.
34.03 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 his authorized
representative.
Whenever there are four (4) levels in the grievance procedure,
the grievor may elect to waive either level 2 or 3.
**
34.04 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 Union.
34.05 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.
34.06 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.
34.07 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.
**
34.08 An employee may be assisted and/or represented by
the Union when presenting a grievance at any level.
**
34.09
(a) The Union 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.
(b) The Employer and the Union recognize the value of an
exchange of information during the grievance process.
34.10
(a) An employee may present a grievance to the First Level of
the procedure in the manner prescribed in clause 34.05, 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.
(b) Notwithstanding 34.10(a), an employee who utilizes an
internal departmental alternative dispute resolution process does
not prejudice his or her right to present a grievance as
specified under 34.01(a).
34.11 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.
34.12 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.
34.13 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.
**
34.14 Where an employee has been represented by the
Union in the presentation of his grievance, the Employer will
provide the appropriate representative of the Union 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.
34.15 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.
34.16 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.
**
34.17 The time limits stipulated in this procedure may
be extended by mutual Agreement between the Employer and the
employee and, where appropriate, the Union representative.
**
34.18 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 of the levels, except the final level,
may be eliminated by Agreement of the Employer and the employee,
and, where applicable, the Union.
34.19 Where the Employer discharges an employee, the
grievance procedure set forth in this Agreement shall apply
except that the grievance may be presented at the final level
only.
34.20 An employee may abandon a grievance by written
notice to his immediate supervisor or officer-in-charge.
34.21 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.
34.22 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 Collective Agreement.
34.23 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 of a
provision of this Collective Agreement or a related Arbitral
Award,
or
(b) disciplinary action resulting in discharge, suspension or
a financial penalty,
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.
34.24 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
a Collective Agreement or an Arbitral Award, the employee is not
entitled to refer the grievance to adjudication unless the
bargaining agent for the bargaining unit to which the Collective
Agreement or Arbitral Award applies signifies in 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.
35.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and are prepared to enter into
discussions 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 Union shall notify the
Employer in writing of the representative authorized to act on
behalf of the Union for consultation purposes.
**
35.03 Without prejudice to the position the Employer or
the Union may wish to take in future about the desirability of
having the subjects dealt with by provisions of collective
agreements, the following subjects, as they affect employees
covered by this Agreement, shall be regarded as appropriate
subjects of consultation involving the Employer and the Union
during the term of this Agreement:
(a) Pay administration
(b) Relocation directive
(c) Insurance for long-term disability
(d) Training
(e) Cafeterias, mobile canteens, washrooms, restrooms,
showers, locker facilities and recreational facilities
(f) Parking privileges
(g) Payment of school fees and costs of transportation to
school for children of employees
(h) Provision of uniforms and protective clothing
(i) Provision to the Union of departmental manuals and
Treasury Board directives
(j) Technological change and reduction in work force,
including measures to deal with their effect on employees
(k) Treasury Board Living Accommodation Charges Directive
(l) Entertainment expenses
(m) Travel Directive
(n) Foreign Service Directives and the Single Assignment
Policy
(o) Isolated Posts Regulations
(p) Employer's share of premium payments for GSMIP, Provincial
and Supplementary Hospital Insurance.
**
35.04 With respect to the subjects listed in clause
35.03, the Employer agrees that new policies will not be
introduced and existing regulations or directives will not be
cancelled or amended by the Treasury Board in such a way as to
affect employees covered by this Agreement until such time as the
Union has been given a reasonable opportunity to consider and to
consult on the Employer's proposals.
**
35.05 Wherever possible, the Employer shall consult
with representatives of the Union at the appropriate level about
contemplated changes in conditions of employment or working
conditions not governed by this Agreement.
Consultation Committees
**
35.06 To facilitate discussions on matters of mutual
interest outside the terms of the Collective Agreement the
Employer will recognize a National Radio Operations Group
Committee and Regional Radio Operations Group Committees of the
Union for the purpose of consulting with management.
Representation at such meetings will be limited to three (3)
representatives from each party.
35.07 Meetings of these Committees will be held on the
Employer's premises.
35.08 Consultation may take place for the purpose of
providing information, discussing the application of policy or
airing problems to promote understanding, but it is expressly
understood that no commitment may be made by either party on the
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.
36.01 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 work is contracted out.
37.01 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 III of the PSSRA.
37.02 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.
38.01 When a formal review of an employee's performance
is made, the employee concerned shall be given an opportunity to
discuss and then sign the review form in question to indicate
that its contents have been read and understood. Upon written
request, a copy of the completed review form will be provided to
the employee.
38.02 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 the employee was
not aware at the time of filing, or within a reasonable period
thereafter.
38.03 Notice of 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.
38.04 Upon written request of an employee, the
personnel file of that employee may be made available at least
once per year for his examination in the presence of an
authorized representative of the Employer.
39.01 Where practicable, advance notice of a change in
posting or a transfer from an employee's headquarters area as
defined by the Employer, shall be given to an employee. Such
notice shall not normally be less than two (2) months.
40.01 Upon written request, an employee shall be
entitled to a complete and current statement of the duties and
responsibilities of his position including the position's
classification level and point rating allotted by factor.
41.01 This Agreement may be amended by mutual
consent.
Maintenance Duties
42.01 An allowance of three ($3.00) per day shall be
paid to an employee who is required to perform maintenance duties
in addition to the duties of his position.
On-the-Job Training Allowance
42.02 When an RO-1, RO-2, RO-3 or RO-4 employee in an
operating station is assigned to provide on-the-job training to
an RO employee who has not yet qualified to operate at that
station, the trainer shall be entitled to receive three dollars
($3.00) for each complete hour during which he provides such
training.
43.01 Where an employee is assigned to duty aboard a
ship and suffers loss of clothing or personal effects because of
a marine disaster or shipwreck he/she shall be reimbursed for the
loss up to maximum of three thousands dollars ($3,000).
44.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practiced with respect to an
employee by reason of age, race, creed, colour, national origin,
religious affiliation, sex, sexual orientation, family status,
mental or physical disability, membership or activity in the
union, marital status or a conviction for which a pardon has been
granted.
Definition
45.01 Part-time employee means a person whose normal
hours of work are less than those established in the Hours of
Work Article of this Agreement, but not less than those
prescribed in the Public Service Staff Relations Act.
General
45.02 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 by this Agreement, of full-time
employees unless otherwise specified in this Agreement.
45.03 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 by this Agreement for a full-time
employee.
45.04 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 by this Agreement.
45.05 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
45.06 A part-time employee shall not be paid for the
designated holidays but shall, instead be paid four decimal two
five per cent (4.25%) for all straight-time hours worked.
45.07 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 20.01 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 as specified by this Agreement and
double (2T) thereafter.
45.08 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 20.01 of this
agreement, shall be paid for the time actually worked in
accordance with clause 45.07, or a minimum of four (4) hours pay
at the straight-time rate, whichever is greater.
Overtime
45.09 Overtime means authorized work performed in
excess of the normal daily or weekly hours of work, specified by
this Agreement, of a full-time employee, but does not include
time worked on a holiday.
45.10 Subject to 45.09 a part-time employee who is
required to work overtime shall be paid overtime as specified by
this Agreement.
Call-Back
45.11 When a part-time employee meets the requirements
to receive call-back pay in accordance with clause 24.01 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
45.12 Subject to 45.04, when a part-time employee meets
the requirements to receive reporting pay on a day of rest, in
accordance with clause 25.01 of this Agreement, 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
45.13 Notwithstanding clause 45.02, there shall be no
prorating of a "day" in clause 19.02 - Bereavement Leave With
Pay.
Vacation Leave
45.14 A part-time employee shall earn vacation leave
credits for each month in which the employee receives pay for at
least twice (2T) the number of hours in the employee's normal
workweek, at the rate for years of service established in the
vacation leave entitlement clause 29.02 specified by this
Agreement, prorated and calculated as follows:
(a) when the entitlement is six decimal two five (6.25) hours
in a month, .166 multiplied by the number of hours in the
employee's workweek per month;
(b) when the entitlement is nine decimal three seven five
(9.375) hours in a month, .250 multiplied by the number of hours
in the employee's workweek per month;
(c) when the entitlement is twelve decimal five (12.5) hours
in a month, .333 multiplied by the number of hours in the
employee's workweek per month;
**
(d) when the entitlement is thirteen decimal seventy-five
(13.75) hours in a month, .367 multiplied by the number of
hours in the employee's workweek per month;
(e) when the entitlement is fourteen decimal three seven five
(14.375) hours in a month, .383 multiplied by the number of hours
in the employee's workweek per month;
(f) when the entitlement is fifteen decimal six two five
(15.625) hours in a month, .416 multiplied by the number of hours
in the employee's workweek per month;
**
(g) when the entitlement is sixteen decimal eight seven five
(16.875) hours in a month, .450 multiplied by the number of hours
in the employee's workweek per month;
**
(h) when the entitlement is eighteen decimal seven five
(18.75) hours in a month, .500 multiplied by the number of
hours in the employee's workweek per month.
Sick Leave
45.15 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 the number of
hours in the employee's normal workweek.
45.16 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 45.14 and
45.15, 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
45.17 Notwithstanding the provisions of Article 27,
Severance Pay, of this Agreement, 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.
46.01 It is recognized that certain full-time
indeterminate employees whose hours of work are regularly
scheduled on a shift basis in accordance with clause 21.03 or
Appendix "E-1" of this Agreement and who receive Shift Premium in
accordance with clause 23.0l, are required to attend certain
proceedings under this collective agreement as identified in
clause 46.01(a) and certain other proceedings identified in
clause 46.01(b) of this article which normally take place between
the hours of 9 a.m. to 5 p.m. from Monday to Friday
inclusive.
When such an employee is scheduled to work on the day of that
proceeding and when the proceeding is not scheduled during the
employee's scheduled shift for that day and when the majority of
the hours of the employee's scheduled shift on that day do not
fall between the hours of 9 a.m. to 5 p.m. upon written
application by the employee, the Employer shall endeavour, where
possible, to change the employee's shift on the day of the
proceeding so that the majority of the hours fall between 9 a.m.
to 5 p.m. provided that operational requirements are met, there
is no increase in cost to the Employer and sufficient advance
notice is given by the employee.
(a) Certain Proceedings Under this Agreement
(i) PSSRB Proceedings
Clauses 18.01, 18.02, 18.04, 18.05 and 18.06
(ii) Personnel Section Process
Clause 19.04
(iii) Contract Negotiation and Preparatory Contract
Negotiation Meetings
Clauses 18.10 and 18.11
(iv) Safety and Health Committees
Clause 33.01
(b) Certain Other Proceedings
Training courses which the employee is required to attend by
the Employer.
47.01 Unless otherwise expressly stipulated, the
provisions of this Agreement shall become effective on the date
it is signed.
**
47.02 This Agreement shall expire on April 30,
2004.
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