|
Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
18.01 General
The parties recognize that in order to maintain and enhance professional expertise, employees, from time to time,
need to have an opportunity to attend or participate in career development activities described in this Article.
18.02 Education Leave
(a) An employee may be granted education leave without pay for varying periods up to one (1) year, which can be
renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of
education in which special preparation is needed to enable the employee to fill his present role more adequately, or to
undertake studies in some field in order to provide a service which the Employer requires or is planning to
provide.
(b) An employee on Education Leave without pay under this clause shall receive an allowance in lieu of salary
equivalent to from fifty per cent (50%) to one hundred per cent (100%) of the employee's basic salary. The percentage
of the allowance is at the discretion of the Employer. Where the employee receives a grant, bursary or scholarship, the
education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the
grant, bursary or scholarship.
(c) Allowances already being received by the employee may, at the discretion of the Employer, be continued during
the period of the education leave. The employee shall be notified when the leave is approved whether such allowances
are to be continued in whole or in part.
(d) As a condition to the granting of education leave, an employee shall, if required, give a written undertaking
prior to the commencement of the leave to return to the service of the Employer for a period of not less than the
period of the leave granted. If the employee, except with the permission of the Employer:
(i) fails to complete the course,
(ii) does not resume employment with the Employer on completion of the course,
or
(iii) ceases to be employed, except by reason of death or lay-off, before termination of the period he has
undertaken to serve after completion of the course,
the employee shall repay the Employer all allowances paid to him under this clause during the education leave or
such lesser sum as shall be determined by the Employer.
18.03 Attendance at Conferences and Conventions
(a) The parties to this Agreement recognize that attendance or participation at conferences, conventions, symposia,
workshops and other gatherings of a similar nature contributes to the maintenance of high professional standards.
(b) In order to benefit from an exchange of knowledge and experience, an employee shall have the opportunity on
occasion to attend conferences and conventions which are related to the employee's field of specialization, subject to
operational constraints.
(c) The Employer may grant leave with pay and reasonable expenses including registration fees to attend such
gatherings, subject to budgetary and operational constraints.
(d) An employee who attends a conference or convention at the request of the Employer to represent the interests of
the Employer shall be deemed to be on duty and, as required, in travel status. The Employer shall pay the registration
fees of the convention or conference the employee is required to attend.
(e) An employee invited to participate in a conference or convention in an official capacity, such as to present a
formal address or to give a course related to the employee's field of employment, may be granted leave with pay for
this purpose and may, in addition, be reimbursed for the payment of convention or conference registration fees and
reasonable travel expenses.
(f) An employee shall not be entitled to any compensation under Article 9, Overtime, and 13, Travelling Time, in
respect of hours the employee is in attendance at or travelling to or from a conference or convention under the
provisions of this clause, except as provided by paragraph (d).
18.04 Professional Development
(a) The parties to this Agreement share a desire to improve professional standards by giving the employees the
opportunity on occasion:
(i) to participate in workshops, short courses or similar out-service programs to keep up to date with knowledge and
skills in their respective fields,
(ii) to conduct research or perform work related to their normal research programs in institutions or locations
other than those of the Employer,
or
(iii) to carry out research in the employee's field of specialization not specifically related to the employee's
assigned work projects when in the opinion of the Employer such research is needed to enable the employee to fill his
present role more adequately.
(b) Subject to the Employer's approval an employee shall receive leave with pay in order to participate in the
activities described in paragraph 18.04(a).
(c) An employee may apply at any time for professional development under this clause, and the Employer may select an
employee at any time for such professional development.
(d) When an employee is selected by the Employer for professional development under this clause the Employer will
consult with the employee before determining the locations and duration of the program of work or studies to be
undertaken.
(e) An employee selected for professional development under this clause shall continue to receive his normal
compensation including any increase for which the employee may become eligible. The employee shall not be entitled to
any compensation under Articles 9, Overtime, and 13, Travelling Time, while on professional development under this
clause.
(f) An employee on professional development under this clause may be reimbursed for reasonable travel expenses and
such other additional expenses as the Employer deems appropriate.
18.05 Selection Criteria
(a) The Employer shall establish Selection Criteria for granting leave under clauses 18.02, 18.03 and 18.04. Upon
request, a copy of these criteria will be provided to an employee and/or the Institute Representative.
(b) The parties to this Collective Agreement acknowledge the mutual benefits to be derived from consultation on
Career Development. To this effect, the Employer, upon request, will consult with the Institute as prescribed in
Article 36, Joint Consultation.
18.06 Departmental Career Development Consultation Committee
(a) The parties to this Collective Agreement acknowledge the mutual benefits to be derived from consultation on
Career Development. To this effect the parties agree that such consultation will be held at the departmental level
either through the existing Joint Consultation Committee or through the creation of a Departmental Career Development
Consultation Committee. A consultation committee as determined by the parties, may be established at the local,
regional or national level.
(b) The Departmental Consultation Committee shall be composed of mutually agreeable numbers of employees and
Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on
the Employer's premises during working hours.
(c) Employees forming the continuing membership of the Departmental Consultation Committees shall be protected
against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel
time where applicable.
(d) The Employer recognizes the use of such committees for the purpose of providing information, discussing the
application of policy, promoting understanding and reviewing problems.
(e) It is understood that no commitment may be made by either party on a subject that is not within their authority
or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this
Agreement.
18.07 Joint Institute/Treasury Board Career Development Committee
(a) In addition to consultation on career development at the departmental level referred to in clause 18.06, the
representatives of the Employer and the Institute agree to establish a joint Institute/Treasury Board Career
Development Committee.
(b) In establishing this committee, it is understood by the parties that Departments are responsible for the
application of the policies related to Career Development.
(c) It is understood that no commitment may be made by either party on a subject that is not within their authority
or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this
Agreement.
19.01 Under the following circumstances and subject to clause 19.02 an employee shall receive severance
benefits calculated on the basis of the employee's weekly rate of pay:
(a) Lay-Off
(i) On the first lay-off two (2) week's pay for the first complete year of continuous employment and one (1) week's
pay for each additional complete year of continuous employment and, in the case of partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous of employment divided by three hundred
and sixty-five (365).
(ii) On second or subsequent lay-off one (1) week's pay for each complete year of continuous employment and, in the
case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), less any period in respect of which he was granted Severance
Pay under 19.01(a)(i) above.
(b) Resignation
On resignation, subject to paragraph 19.01(c) 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) Retirement
On retirement, when an employee is entitled to an immediate annuity or to an immediate annual allowance under the
Public Service Superannuation Act, a severance payment in respect of the employee's complete period of
continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case
of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
(d) Death
If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's
complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay,
regardless of any other benefit payable.
(e) 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 for each complete year of
continuous employment with a maximum benefit of twenty-seven (27) weeks.
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by
reason of termination for cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial
Administration Act, one (1) week's pay for each complete year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment
divided by three hundred and sixty-five (365), with a maximum benefit of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by
reasons of termination for cause of reasons of incompetence pursuant to Section 11(2)(g) of the Financial
Administration Act, one week's pay for each complete year of continuous employment with a maximum benefit of
twenty-eight (28) weeks.
19.02 The period of continuous employment used in the calculation of severance benefits payable to an
employee under this Article shall be reduced by any period of continuous employment in respect of which the employee
was already granted any type of termination benefit 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 19.01 be pyramided.
19.03 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 the employee's certificate of appointment, immediately prior
to the termination of his employment.
19.04 Appointment to a Separate Employer
Notwithstanding paragraph 19.01(b) an employee who resigns to accept an appointment with an organization listed in
Part II of Schedule 1 of the Public Service Staff Relations Act may choose not to be paid severance pay,
provided that the appointing organization will accept the employee's Part I service for its severance pay
entitlement.
20.01 At time of hiring or at any other time 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 the position rating form.
21.01 The Employer shall reimburse an employee for the payment of membership, registration or other related
fees to organizations or governing bodies when the Employer is satisfied that the payment of such fees is a requirement
for the continuation of the performance of the duties of the employee's position.
This Article applies to the PH Group only
22.01 The Employer recognizes that the monitoring of pharmaceutical services shall be performed by a
pharmacist. The Employer will make every reasonable effort to ensure that correct pharmaceutical services, as
determined by the Employer, will be provided within the Employer's institutions. The Employer encourages the employee
to make proposals for improvement of the Employer's pharmaceutical services.
23.01 The parties have agreed that in cases where, as a result of technological change, the services of an
employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function,
the National Joint Council Work Force Adjustment Agreement concluded by the parties will apply. In all other cases, the
following clauses will apply:
23.02 In this Article "Technological Change" means:
(a) the introduction by the Employer of equipment or material of a substantially different nature than that
previously utilized which will result in significant changes in the employment status or working conditions of
employees;
or
(b) a major change in the Employer's operation directly related to the introduction of that equipment or material
which will result in significant changes in the employment status or working conditions of the employees.
23.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage
and promote technological change in the Employer's operations. Where technological change is to be implemented, the
Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
23.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of
emergency, not less than one hundred and twenty (120) days written notice to the Institute of the introduction or
implementation of technological change.
23.05 The written notice provided for in clause 23.04 will provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to effect change;
(c) the location or locations involved.
23.06 As soon as reasonably practicable after notice is given under clause 23.04, the Employer shall consult
meaningfully with the Institute concerning the effects of the technological change referred to in clause 23.04 on each
group of employees. Such consultation will include but not necessarily be limited to the following:
(a) the approximate number, class and location of employees likely to be affected by the change;
(b) the effect the change may be expected to have on working conditions or terms and conditions of employment on
employees.
23.07 When, as a result of technological change, the Employer determines that an employee requires new skills
or knowledge in order to perform the duties of his substantive position, the Employer will make every reasonable effort
to provide the necessary training during the employee's working hours and at no cost to the employee.
24.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of
employees. The Employer will welcome suggestions on the subject from the Institute and the parties undertake to consult
with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to
prevent or reduce the risk of employment injury or occupational illness, including critical incident stress management
services consistent with Treasury Board employee Assistance Program policy.
24.02 The Employer shall provide the employee with immunization or prophylactic drugs against communicable
diseases or infection where there is a risk of incurring such diseases or infection in the performance of the
employee's duties.
24.03 The Employer shall provide for a pre-employment physical examination including chest x-ray for each new
NU employee, and for other employees at risk as determined by the Employer in accordance with the Occupational Health
Evaluation Standard. The Employer shall also provide for employees a health evaluation in accordance with the Periodic
Health Evaluation Standard.
25.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in
the certificate issued by the Public Service Staff Relations Board on 10 June 1999 covering employees of the Health
Services Group.
25.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a
view to arriving at a Collective Agreement and the Employer and the Institute agree to bargain in good faith, in
accordance with the provisions of the Public Service Staff Relations Act.
26.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership
dues from the monthly pay of all employees in the bargaining unit.
26.02 The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked
off for each employee defined in clause 26.01.
26.03 For the purpose of applying clause 26.01, deductions from pay for each employee in respect of each
month will start with the first (1st) full month of employment to the extent that earnings are
available.
26.04 An employee who satisfies the Employer to the extent that he declares in an affidavit that he is a
member of a religious organization whose doctrine prevents him as a matter of conscience from making financial
contributions to an employee organization and that he will make contributions to a charitable organization registered
pursuant to the Income Tax Act, other than the religious organization named in the affidavit, equal to dues,
shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an
official representative of the religious organization involved. A copy of the affidavit will be provided to the
Institute.
26.05 No employee organization, as defined in Section 2 of the Public Service Staff Relations Act,
other than the Institute, shall be permitted to have membership dues and/or other monies deducted by the Employer from
the pay of employees in the bargaining unit.
26.06 The amounts deducted in accordance with clause 26.01 shall be remitted to the Institute by cheque
within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each
employee and the deductions made on the employee's behalf.
26.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis
of the production of appropriate documentation.
26.08 The Institute 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, in which case the liability shall be limited to the amount of the error.
26.09 When it is mutually acknowledged that an error has been committed, the Employer shall endeavour to
correct such error within the two (2) pay periods following the acknowledgement of error.
26.10 Where an employee does not have sufficient earnings in respect of any month to permit deductions under
this Article the Employer shall not be obligated to make such deductions for that month from subsequent salary.
27.01 Access by an Institute Representative
An accredited representative of the Institute may be permitted access to the Employer's premises on stated Institute
business and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained
from the Employer.
27.02 Bulletin Boards
(a) Reasonable space on bulletin boards including electronic bulletin boards, where available will be made available
to the Bargaining Agent for the posting of official notices, in convenient locations determined by the Employer and the
Institute. Notices or other material shall require the prior approval of the Employer, except notices relating to the
business affairs of the Institute and social and recreational events. The Employer shall have the right to refuse the
posting of any information which he considers adverse to his interests or to the interests of any of his
representatives.
**
(b) In Health Canada nursing stations and health centres, the Employer agrees the Institute can use the fax machines
for the purpose stipulated in paragraph 27.02(a), subject to the same conditions.
27.03 Institute Literature
The Employer will continue its practice of making available to the Institute a specific location on its premises for
the storage and placement of a reasonable quantity of Institute files and literature.
28.01 The Employer agrees to supply the Institute on a quarterly basis with a list of all employees in the
bargaining unit. The list referred to herein shall include the name, employing department, geographical location,
classification of the employee and shall be provided within one month following the termination of each quarter. As
soon as practicable, the Employer agrees to add to the above list the date of appointment for new employees.
28.02 The Employer agrees to supply each employee with a copy of the Collective Agreement and any amendments
thereto.
28.03 Upon the written request of an employee, the Employer shall make available at a mutually satisfactory
time National Joint Council Agreements listed in clause 35.03 which have a direct bearing on the requesting employee's
terms and conditions of employment.
**
29.01 The Employer acknowledges the exclusive right of the Institute to appoint Stewards and other Institute
representatives from amongst the members of bargaining units for which the Institute is the certified bargaining
agent.
29.02 The Employer and the Institute shall, by mutual agreement, determine the area of jurisdiction of each
Steward, having regard to the plan of organization and the distribution of employees.
29.03 The Institute shall inform the Employer promptly and in writing of the names of its Stewards, their
jurisdiction, and of any subsequent changes.
29.04 Leave for Stewards
Operational requirements permitting, the Employer shall grant leave with pay to an employee to enable the employee
to carry out the employee's functions as a Steward on the Employer's premises. When the discharge of these functions
require an employee who is a Steward to leave his normal place of work, the employee shall report his return to his
supervisor whenever practicable.
30.01 Public Service Staff Relations Board Hearings
Complaints Made to the Public Service Staff Relations Board Pursuant to Section 23 of the Public Service Staff
Relations Act
Where operational requirements permit the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his own behalf before the Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute
making a complaint.
30.02 Applications for Certification, Representations and Interventions With Respect to Applications for
Certification
Where operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Institute in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
30.03 Employee Called as a Witness
The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations Board,
and
(b) where operational requirements permit, to an employee called as a witness by an employee or the Institute.
30.04 Arbitration Board, Conciliation Board Hearings and Alternative Dispute Resolution Process
When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees
representing the Institute before an Arbitration Board, Conciliation Board or an Alternative Dispute Resolution
Process.
30.05 Employee Called as a Witness
The Employer will grant leave with pay to an employee called as witness by an Arbitration Board, Conciliation Board
or an Alternative Dispute Resolution Process and, when operational requirements permit, leave with pay to an employee
called as a witness by the Institute.
30.06 Adjudication
Where operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an adjudication,
or
(c) a witness called by an employee who is party to an adjudication.
30.07 Meetings During the Grievance Process
Employee Presenting Grievance
Where operational requirements permit, the Employer will grant to an employee:
(a) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when
the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the
headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee
when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held
outside the headquarters area of such employee.
30.08 Employee Who Acts as Representative
Where an employee who has presented a grievance wishes to be represented by an employee at a meeting with the
Employer, the Employer will, where operational requirements permit, grant leave with pay to the representative when the
meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the
headquarters area of such employee.
30.09 Grievance Investigations
Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a
grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the
employee and the representative of the employee will, where operational requirements permit, be given reasonable leave
with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without
pay when it takes place outside the headquarters area of such employee.
30.10 Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of
attending contract negotiations meetings on behalf of the Institute.
30.11 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without pay to an employee to attend
preparatory contract negotiations meetings.
30.12 Meetings Between the Institute and Management
Where operational requirements permit, the Employer will grant leave with pay to an employee to attend meetings with
management on behalf of the Institute.
30.13 Institute Official Meetings and Conventions
Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees
to attend meetings and conventions provided in the constitution and the by-laws of the Institute.
30.14 Employee Representatives Training Courses
(a) Where operational requirements permit, the Employer will grant leave without pay to employees appointed as
employee representatives by the Institute, to undertake training sponsored by the Institute related to the duties of an
employee representative.
(b) Where operational requirements permit, the Employer will grant leave with pay to employees appointed as employee
representatives by the Institute, to attend training sessions concerning Employer-employee relations sponsored by the
Employer.
31.01 The Public Service Staff Relations Act provides penalties for engaging in illegal strikes.
Disciplinary action may also be taken, which will include penalties up to and including discharge, for participation in
an illegal strike as defined in the Public Service Staff Relations Act.
32.01 The parties agree that, in the event of a dispute arising out of the interpretation of a clause or
Article in this Agreement, it is desirable that the parties should meet within a reasonable time and seek to resolve
the problem. This Article does not prevent an employee from availing himself or herself of the grievance procedure
provided in this Agreement.
33.01 The Employer and the Institute agree it is appropriate to resolve disputes at the level where they
occur without necessarily invoking the filing of a grievance, and preferably at the lowest possible level of management
with the involvement of an Institute representative. Accordingly, when disputes might arise, the manager and the
Institute representative endeavour to foster open co-operation, frank exchanges of views and a quest for innovative
solutions.
34.01 In cases of alleged misinterpretation or misapplication arising out of Agreements concluded by the
National Joint Council 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 The parties recognize the value of informal discussion between employees and their supervisors to the
end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits
prescribed in clause 34.09, gives notice that they wish to take advantage of this clause, it is agreed that the period
between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time
limits.
34.03 An employee who wishes to present a grievance at any prescribed step in the grievance procedure, shall
transmit this grievance to the 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 step,
and
(b) provide the employee with a receipt stating the date on which the grievance was received.
34.04 A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not
in accordance with the form supplied by the Employer.
34.05 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 an 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 34.03, except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the
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, the employee is not entitled to present the grievance unless the employee has the approval of and is represented
by the Institute.
34.06 There shall be no more than a maximum of four (4) steps in the grievance procedure. These steps shall
be as follows:
(a) Step 1 - first (1st) level of management;
(b) Steps 2 and 3 in departments or agencies where such steps are established - intermediate step(s);
(c) Final Step - Chief Executive or Deputy Head or authorized representative.
34.07 The Employer shall designate a representative at each step 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 Institute.
34.08 If the employee so desires, they may be assisted and/or represented by the Institute when presenting a
grievance at any step. The Institute shall have the right to consult with the Employer with respect to a grievance at
each or any step of the grievance procedure.
34.09 An employee may present a grievance to the first (1st) step of the procedure in the manner
prescribed in clause 34.03, not later than the twenty-fifth (25th) day after the date on which the employee
is notified orally or in writing or on which the employee first becomes aware of the action or circumstances giving
rise to the grievance.
34.10 An employee may present a grievance at each succeeding step in the grievance procedure beyond the first
(1st) step either:
(a) where the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision
or settlement has been conveyed in writing to the employee by the Employer,
or
(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 34.11,
within fifteen (15) days after the employee presented the grievance at the previous step.
34.11 The Employer shall normally reply to an employee's grievance at any step of the grievance procedure,
except the final step, within ten (10) days after the grievance is presented, and within twenty (20) days where the
grievance is presented at the final step.
34.12 Where an employee has been represented by the Institute in the presentation of a grievance, the
Employer will provide the appropriate representative of the Institute with a copy of the Employer's decision at each
step of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.
34.13 Where a grievance has been presented up to and including the final step in the grievance process, and
the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final step in
the grievance process is final and binding and no further action may be taken under the Public Service Staff
Relations Act.
34.14 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.
34.15 Where the provisions of clause 34.03 cannot be complied with and 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 day 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 step on the date on which
the letter containing the reply is postmarked, but the time limit within which the grievor may present the grievance at
the next higher step shall be calculated from the date on which the Employer's reply was delivered to the address shown
on the grievance form.
34.16 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer
and the employee and, where appropriate the Institute representative, except as provided in clause 34.18.
34.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a
particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer
and the employee, and, where applicable, the Institute.
34.18 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 11(2)(f) and (g)
of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except
that:
(a) the grievance may be presented at the final step only,
and
(b) the twenty (20) day time limit within which the Employer is to reply at the final step may be extended to a
maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Institute.
34.19 An employee may by written notice to their immediate supervisor or officer-in-charge abandon a
grievance.
34.20 Any employee who fails to present a grievance to the next higher step within the prescribed time limits
shall be deemed to have abandoned the grievance unless, due to circumstances beyond the employee's control, they were
unable to comply with the prescribed time limits.
34.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an
employee to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this
Collective Agreement.
34.22 Where an employee has presented a grievance up to and including the final step in the grievance
procedure with respect to:
(a) the interpretation or application in respect of the employee of a provision of this Collective Agreement or
related Arbitral Award,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or (g) of the Financial Administration
Act.
and the employee's grievance has not been dealt with to the employee's satisfaction, the employee may refer the
grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and
Regulations.
34.23 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the
interpretation or application in respect of the employee of a provision of this Agreement or an Arbitral Award, the
employee is not entitled to refer the grievance to adjudication unless the Institute 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 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 6 December 1978, will
form part of this Collective Agreement, subject to the Public Service Staff Relations Act (PSSRA) and any
legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in
Schedule II of the PSSRA.
35.02 The NJC items which may be included in a Collective Agreement are those items which 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 paragraph (c) of the NJC Memorandum of Understanding which became effective 6 December 1978.
**
35.03 The following directives, policies or regulations, as amended from time to time by National Joint
Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Collective
Agreement:
(1) Foreign Service Directives
(2) Travel Policy
(3) Withdrawal from Work in Imminent Danger Policy and Procedures
(4) Isolated Posts Directive
(5) Clothing Policy
(6) Living Accommodation Charges Policy
(7) First Aid to the General Public - Allowance for employees
(8) Memorandum of Understanding on the Definition of the Word "Spouse"
(9) Relocation Policy
(10) Commuting Assistance Policy
(11) Bilingualism Bonus Policy
Health/Safety Standards (12 to 28)
(12) Boilers and Pressure Vessels
(13) Hazardous Substances
(14) Electrical
(15) Elevating Confined Spaces
(16) First Aid
(17) Hand Tools and Portable Power Tools
(18) Hazardous Confined Spaces
(19) Machine Guarding
(20) Materials Handling
(21) Motor Vehicle Operations
(22) Noise Control and Hearing Conservation
(23) Personal Protective Equipment
(24) Pesticide Devices
(25) Elevated Work Structures
(26) Use and Occupancy of Buildings
(27) Sanitation
(28) Public Service Health Care Plan.
During the term of this Collective Agreement, other directives, policies or regulations may be added to the above
noted list.
Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 34.01
of the Article on grievance procedure in this Collective Agreement.
36.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on
matters of common interest.
**
36.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement
of the parties and shall include consultation regarding career development, professional responsibilities and
standards, quality of client services and workload. Consultation may be at the local, regional or national level as
determined by the parties.
36.03 Wherever possible, the Employer shall consult with representatives of the Institute at the appropriate
level about contemplated changes in conditions of employment or working conditions not governed by this Agreement. Both
parties agree to consult in a timely manner so that the opinions of the consulted party can be taken into consideration
before a decision is taken.
Joint Consultation Committee Meetings
36.04 The Consultation Committees shall be composed of mutually agreeable numbers of employees and Employer
representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the
Employer's premises during working hours.
36.05 Employees forming the continuing membership of the Consultation Committees shall be protected against
any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where
applicable.
36.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of
this collective agreement.
Clauses 36.07 and 36.08 apply only to the NU Group
36.07 Without prejudice to the position the Employer or the Institute may wish to take in future about the
desirability of having the subjects dealt with by the 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 Institute 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 Institute of departmental manuals and Treasury Board directives.
36.08 With respect to the subjects listed in clause 36.07, 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 Institute has been given a reasonable
opportunity to consider and to consult on the Employer's proposals.
37.01 Where written departmental standards of discipline are developed or amended, the Employer agrees to
supply sufficient information on the standards of discipline to each employee and to the Institute.
37.02 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to
have a representative of the Institute attend the meeting when the representative is readily available. Where
practicable, the employee shall receive in writing a minimum of one (1) working day's notice of such meeting as well as
its purpose.
37.03 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any
document concerning the conduct or performance of an employee the existence of which the employee was not aware at the
time of filing or within a reasonable time thereafter.
37.04 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.
38.01 If employees whose normal duties are performed on the premises of another Employer are prevented from
performing their duties because of a strike or lock-out on this other Employer's 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.
39.01 Definition
Part-time employee means a person whose normal scheduled hours of work 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.
39.02 General
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 compared with the normal weekly hours of work of full-time employees unless
otherwise specified in this Agreement.
39.03 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven and
one-half (7 1/2) hours in a day or thirty-seven and one-half (37 1/2) hours in a week unless the employee is working
other daily or weekly hours of work as prescribed pursuant to Article 8, hours of Work and Shift Work.
39.04 The days of rest provisions of this Collective Agreement apply only in a week when a part-time employee
has worked five (5) days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the hourly rate of
pay.
39.05 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.
39.06 Designated Holidays
A part-time employee shall not be paid for the designated holidays but shall, instead be paid a premium of four
decimal two five per cent (4.25%) for all straight-time hours worked during the period of part-time employment.
**
39.07 Subject to Article 9, Overtime, 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 12.01 of this Agreement, the employee shall
be paid according to paragraph 9.01(b) for all hours worked on the holiday.
39.08 Overtime
"Overtime" means work required by the Employer, to be performed by the employee, in excess of those hours prescribed
in clause 39.03 but does not include time worked on a holiday.
39.09 Subject to Article 9, Overtime, a part-time employee who is required to work overtime shall be paid at
time d one-half (1 ½) for all overtime hours worked. The provisions of clause 9.04, Compensatory Leave, do not
apply.
39.10 Call-back
(a) When a part-time employee is called back to work or when a part-time employee who is on standby duty is called
back to work by the Employer anytime outside his normal working hours, and such employee is not entitled to overtime in
accordance with the present article, the employee shall be entitled to the greater of:
(i) a minimum of three (3) hours' pay at the straight-time rate;
or
(ii) compensation at the applicable rate for all hours worked.
(b) When a part-time employee is entitled to overtime in accordance with the present article the employee shall be
paid in accordance with Article 10, Call-back, of this Agreement.
39.11 Vacation Leave
A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at
least twice (2) the number of hours in the employee's normal work week, at the rate for years of employment established
in clause 15.02, prorated and calculated as follows:
(a) when the entitlement is one decimal twenty-five (1.25) days a month, .250 multiplied by the number of hours in
the employee's workweek per month;
(b) when the entitlement is one decimal sixty-seven (1.67) days a month, .333 multiplied by the number of hours in
the employee's workweek per month;
**
(c) when the entitlement is one decimal eighty-four (1.84) days a month, .367 multiplied by the number of hours in
the employee's workweek per month;
(d) when the entitlement is one decimal ninety-two (1.92) days a month, .383 multiplied by the number of hours in
the employee's workweek per month;
(e) when the entitlement is two decimal zero nine (2.09) days a month, .417 multiplied by the number of hours in the
employee's workweek per month;
**
(f) when the entitlement is two decimal twenty-five (2.25) days a month, .450 multiplied by the number of hours in
the employee's workweek per month;
**
(g) when the entitlement is two decimal five (2.5) days a month, .500 multiplied by the number of hours in the
employee's workweek per month;
(h) however, a part-time employee who has received or is entitled to receive furlough leave shall have his vacation
leave credits earned reduced by .083 multiplied by the number of hours in the part-time workweek, beginning in the
month in which the twentieth (20th) anniversary of service occurs until the beginning of the month in which his
twenty-fifth (25th) anniversary of service occurs.
39.12 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 an
employee's normal work week for each calendar month in which the employee has received pay for at least twice (2) the
number of hours in the employee's normal work week.
39.13 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 39.11 and 39.12, 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.
39.14 Severance Pay
Notwithstanding the provisions of Article 19, Severance Pay, where the period of continuous employment in respect of
which a 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.
39.15 The weekly rate of pay referred to in clause 39.14 shall be the weekly rate of pay to which the
employee is entitled for the classification prescribed in the employee's certificate of appointment, immediately prior
to the termination of employment.
40.01 For the purpose of this Article,
(a) a formal assessment and/or appraisal of an employee's performance means any written assessment and/or appraisal
by any supervisor of how well the employee has performed his assigned tasks during a specified period in the past;
(b) formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the
Employer for this purpose.
40.02
(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an
opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read.
An employee's signature on the assessment form shall be considered to be an indication only that its contents have been
read and shall not indicate his concurrence with the statements contained on the form.
A copy of the employee's assessment form shall be provided to him at the time the assessment is signed by the
employee.
(b) The Employer's representative(s) who assesses an employee's performance must have observed or been aware of the
employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.
40.03 When an employee disagrees with the assessment and/or appraisal of his work the employee shall have the
right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or
appraisal decision.
**
40.04 Upon written request of an employee, all the personnel files of that employee shall be made available
once per year for his examination in the presence of an authorized representative of the Employer.
40.05 When a report pertaining to an employee's performance or conduct is placed on that employee's personnel
file, the employee concerned shall be given an opportunity to sign the report in question to indicate that its contents
have been read.
41.01 On application by an employee, the Employer shall provide personal references to the prospective
Employer of such employee, indicating length of service, principal duties and responsibilities and performance of such
duties.
42.01 The Institute and the Employer recognize the right of employees to work in an environment free from
sexual harassment and agree that sexual harassment will not be tolerated in the work place.
42.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
If by reason of paragraph 42.02(a) a level in the grievance procedure is waived, no other level shall be waived
except by mutual agreement.
**
42.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
sexual harassment. The selection of the mediator will be by mutual agreement.
43.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national
or ethnic origin, religious affiliation, sex, sexual orientation, family status, marital status, a conviction for which
a pardon has been granted, mental or physical disability, or membership or activity in the Institute.
43.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of a
complaint.
If by reason of paragraph 43.02(a) a level in the grievance procedure is waived, no other level shall be waived
except by mutual agreement.
**
43.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
discrimination. The selection of the mediator will be by mutual agreement.
General
A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining units which are in
the Correctional Service Canada, subject to the following conditions.
44.01 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a
position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional
Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than
those exercised by the Correctional Group, and is exposed to immediate hazards of physical injury by assault and other
disagreeable conditions.
44.02 Degrees of Exposure
The factor recognizes the differences between maximum, medium and minimum security penal institutions, as designated
by the Employer, and distinguishes between continual, frequent and limited degrees of exposure, as follows:
|
Continual
|
-
|
means fulfillment of the conditions described in clause 44.01 above throughout the working day and recurring
daily.
|
|
Frequent
|
-
|
means fulfillment of the conditions described in clause 44.01 above for part or parts of the working day and
generally recurring daily.
|
|
Limited
|
-
|
means fulfillment of the conditions described in clause 44.01 above on an occasional basis.
|
**
44.03 The payment of the allowance for the Penological Factor is determined by the following formula:
|
Penological Factor (X)
Type of Institution
Effective Date of Signing:
|
|
Degree of
Exposure
|
Maximum
|
Medium
|
Minimum
|
|
Continual
|
100%
|
X
|
($1,900)
|
50%
|
X
|
($950)
|
30%
|
X
|
($570)
|
|
Frequent
|
50%
|
X
|
($950)
|
30%
|
X
|
($570)
|
20%
|
X
|
($380)
|
|
Limited
|
30%
|
X
|
($570)
|
20%
|
X
|
($380)
|
10%
|
X
|
($190)
|
|
Effective 1 October 2002:
|
|
Degree of
Exposure
|
Maximum
|
Medium
|
Minimum
|
|
Continual
|
100%
|
X
|
($2,000)
|
50%
|
X
|
($1,000)
|
30%
|
X
|
($600)
|
|
Frequent
|
50%
|
X
|
($1,000)
|
30%
|
X
|
($600)
|
20%
|
X
|
($400)
|
|
Limited
|
30%
|
X
|
($600)
|
20%
|
X
|
($400)
|
10%
|
X
|
($200)
|
**
44.04
The value of "X" is set at one thousand and nine hundred dollars ($1,900) per annum. This allowance shall be paid on
the same basis as that for the employee's regular pay.
Effective 1 October 2002:
The value of "X" is set at two thousand dollars ($2,000) per annum. This allowance shall be paid on the same basis
as that for the employee's regular pay.
44.05 Application of PFA
Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned
to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in
clause 44.01 above are applicable.
44.06 The applicability of PFA to a position and the position's degree of PFA entitlement, shall be
determined by the Employer following consultation with the bargaining agent.
44.07 Except as prescribed in clause 44.10 below, an employee shall be entitled to receive PFA for any month
in which he receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
44.08 Except as provided in clause 44.09 below, PFA shall be adjusted when the incumbent of a position to
which PFA applies, is appointed or assigned duties in another position to which a different degree of PFA applies,
regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee
performs duties in more than one position to which PFA applies, he shall receive the higher allowance, provided he has
performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.
44.09 When the incumbent of a position to which PFA applies, is temporarily assigned to a position to which a
different degree of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to
which he is temporarily assigned, plus PFA, if applicable, would be less than his basic monthly pay entitlement plus
PFA in his regular position, the employee shall receive the PFA applicable to his regular position.
44.10 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his regular
position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,
or
(b) during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an
injury resulting from an act of violence from one or more inmates.
44.11 PFA shall not form part of an employee's salary except for the purposes of the following benefit
plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government employees Compensation Act
Flying Accident Compensation Regulations
44.12 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA
benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement
for the month preceding such disablement or death.
45.01 Except as provided in clauses 45.01 to 45.08 inclusive, and the Notes to Appendix "A" of this
Agreement, the terms and conditions governing the application of pay to employees are not affected by this
Agreement.
45.02 An employee is entitled to be paid for services rendered at:
(a) the pay specified in Appendix "A" for the classification of the position to which the employee is appointed, if
the classification coincides with that prescribed in 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 the employee is appointed do not coincide.
45.03 The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.
45.04 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.
45.05 Pay Administration
When two (2) or more of the following actions occur on the same date, namely appointment, pay increment, pay
revision, the employee's rate of pay shall be calculated in the following sequence:
(a) the employee shall receive their pay increment;
(b) the employee's rate of pay shall be revised;
(c) the employee's rate of pay on appointment shall be established in accordance with this Agreement.
45.06 Rates of Pay
(a) This clause supersedes the Retroactive Remuneration Directives. Where the rates of pay set forth in Appendix "A"
have an effective date prior to the date of signing of the collective agreement the following shall apply:
(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period commencing on the effective
date of the retroactive upward revision in rates of pay and ending on the day the collective agreement is signed or
when an arbitral award is rendered therefore;
(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in case of death
the estates of former employees, who were employees in the bargaining unit during the retroactive period;
(iii) rates of pay shall be paid in an amount equal to what would have been paid had the collective agreement been
signed or an arbitral award rendered therefore on the effective date of the revision in rates of pay;
(iv) in order for former employees, or in the case of death for the former employees' representatives, to receive
payment in accordance with subparagraph (iii), the Employer shall notify by registered mail, such individuals at their
last known address that they have thirty (30) days from the date of receipt of the registered letter to request in
writing such payment after which time any obligation upon the Employer to provide payment ceases;
(v) no payment nor notification shall be made pursuant to clause 45.06 for one dollar ($1.00) or less.
45.07 This Article is subject to the Memorandum of Understanding signed by the Employer and the Professional
Institute of the Public Service of Canada dated 21 July 1982 in respect of red-circled employees.
**
45.08 Overpayment
Should there be an error made in pay calculations resulting in an overpayment, the employee shall be notified
beforehand in writing of the requirement for repayment to the employer and the intended repayment schedule. The
employer will discuss the proposed schedule with the employee prior to putting it into effect.
45.09 Acting Pay
(a) When an employee is required by the Employer to substantially perform the duties of a higher classification
level on an acting basis for the number of consecutive working days indicated in (i) or (ii), the employee shall be
paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed
to that higher classification level for the period in which the employee acts.
(i) two (2) working days: ND-DIT and OP level 1, and NU-CHN and NU-HOS levels 1-4;
(ii) four (4) working days: all other employees.
(b) When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as
a day worked for the purpose of the qualifying period.
46.01 Principle
The following conditions shall apply to employees to whom the provisions of clause 8.06 (Compressed Work Week) and
subparagraph 8.09(e)(i) (shift longer than 7 1/2 hours) of Article 8 apply.
It is agreed that the implementation of any variation in hours shall not result under any circumstances in any
additional expenditure or cost by reason of such variation.
46.02 General Application
(a) Conversion to Hours
(i) The provisions of the Collective Agreement which specify days shall be converted to hours based on a seven and
one-half (7 1/2) hour day as follows:
|
-
|
five-twelfths (5/12) day
|
=
|
3.125 hours
|
|
-
|
one (1) day
|
=
|
7.500 hours
|
|
-
|
one and one-quarter(1 1/4) days
|
=
|
9.375 hours
|
|
-
|
one and two-thirds (1 2/3) days
|
=
|
12.500 hours
|
|
-
|
one and eleven-twelfth (1 11/12) days
|
=
|
14.375 hours
|
|
-
|
two and one-twelfth (2 1/12) days
|
=
|
15.625 hours
|
|
-
|
two and one half ( 2 1/2) days
|
=
|
18.750 hours
|
(ii) Notwithstanding the above, in clause 17.02, Bereavement Leave with Pay, and Article 34, Grievance Procedure, a
day will have the same meaning as the provisions of the collective agreement.
(b) Implementation and Termination
Effective the date on which clause 8.06 and paragraph 8.09(c) of Article 8, hours of Work and Shift Work, apply or
cease to apply to an employee, the accrued vacation and sick leave credits shall be converted to days or hours, as
applicable.
(c) Leave - Usage
When leave is granted, it will be granted on an hourly basis with the hours debited for each day of leave being the
same as the hours the employee would normally have been scheduled to work on that day.
46.03 Specific Applications
For greater certainty, the following provisions shall be administered as provided herein:
(a) Article 2 - Interpretation and Definitions
Paragraph 2.01(c) - "daily rate of pay" - shall not apply.
(b) Article 9 - Overtime
(i) Overtime compensation shall only be applicable on a normal work day for hours in excess of the employee's
scheduled daily hours of work.
(ii) The provision of two (2) times the straight-time hourly rate still applies when a designated paid holiday(s)
separates the period of consecutive and contiguous days of rest provided the requirements of subparagraph 46.03(b)(i)
above are met.
(c) Article 12 - Designated Paid Holiday
A designated holiday shall account for seven and one-half (7 1/2) hours.
(d) Article 13 - Travelling Time
Overtime compensation referred to in clause 13.01 shall only be applicable on a normal work day for hours in excess
of the employee's scheduled daily hours of work.
(e) Article 15 - Vacation Leave
Leave When Employment Terminates
When an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the
product obtained by multiplying the number of hours of earned but unused vacation and furlough leave with pay to his
credit by the hourly rate of pay as calculated from the rate specified in his certificate of appointment prior to the
termination of his employment.
**
47.01 An employee on shift work shall receive a shift premium of one dollar and seventy-five cents ($1.75)
per hour for all hours worked between 1600 and 0800 hours. The shift premium will not be paid for hours worked between
0800 and 1600 hours.
As of 1 October 2002 the premium will be increased to two dollars ($2.00).
**
47.02
(a) Employees shall receive an additional premium of one dollar and seventy-five cents ($1.75) per hour for work on
a Saturday and/or Sunday for hours worked as stipulated in (b) below.
As of 1 October 2002 the premium will be increased to two dollars ($2.00).
(b) Weekend premiums shall be payable in respect of all regularly scheduled hours at straight-time rates worked on
Saturday and/or Sunday.
48.01 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.
49.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this
Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss
such proposal not later than one (1) calendar month after receipt of such notice.
**
50.01 The duration of this Collective Agreement shall be from the date it is signed to 30 September 2003.
50.02 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the
date it is signed.
SIGNED AT OTTAWA, this 24th day of the month of December 2001.
|
THE TREASURY BOARD
OF
CANADA
|
|
THE PROFESSIONAL
INSTITUTE OF THE PUBLIC
SERVICE OF CANADA
|
Display full size graphic
|
THE TREASURY BOARD
OF
CANADA
|
|
THE PROFESSIONAL
INSTITUTE OF THE PUBLIC
SERVICE OF CANADA
|
Display full size graphic
|
