Non-Supervisory Printing Services (PR) (Archived)

1.01 The purpose of this Agreement is to maintain a harmonious and mutually beneficial relationship between the Employer, the employees and the Council of Graphic Arts Unions of the Public Service of Canada, hereinafter called the Council, and to set forth herein certain provisions relating to remuneration, hours of work, and working conditions.

1.02 The parties of this Agreement share a desire to improve the quality of the Public Service of Canada and to promote the well-being and increased productivity of its employees to the end that the people of Canada will be well and efficiently served. With this in mind, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the Public Service in which members of the bargaining unit are employed.

ARTICLE 2
INTERPRETATION AND DEFINITIONS

(a) "Council" means the Council of Graphic Arts Unions of the Public Service of Canada;

(b) "bargaining unit" means the employees of the Employer in the Non-Supervisory Printing Services Group, other than employees whose duties include the supervision of other employees in that occupational group, as described in the certificate issued by the Public Service Staff Relations Board on November 10, 1967 and as amended by the decisions of the Public Service Staff Relations Board on February 28, 1973, December 3, 1975, January 5, 1984, July 25, 1988, and June 2, 1999;

(c) "continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations;

(d) "Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board;

(e) "day" means the twenty-four (24) hour period commencing eight (8) hours before the time at which a shift is scheduled to commence;

(f) "holiday" means the twenty-four (24) hour period commencing eight (8) hours before the regular starting time of a shift which is not scheduled to be worked due to the observance of a day designated as a holiday;

(g) "employee" means a person so defined by the Public Service Staff Relations Act and who is a member of the bargaining unit;

(h) "Shop Delegate" also means Shop Steward or Chapel Chairman, according to the custom of the respective union;

(i) a "common-law spouse" relationship is said to exist when, for a continuous period of at least one (1) year, an employee has lived with a person, publicly represented that person to be his/her spouse, and lives and intends to continue to live with that person as if that person were his/her spouse.

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:

(a) if defined in the Public Service Staff Relations Act, have the same meaning as given to them in the Public Service Staff Relations Act,

(b) if defined in the Interpretation Act, but not defined in the Public Service Staff Relations Act, have the same meaning as given to them in the Interpretation Act.

2.03 In this Agreement, words importing the masculine gender include the feminine gender.

ARTICLE 3
OFFICIAL TEXTS

ARTICLE 4
CONFLICT BETWEEN LEGISLATION
AND THE COLLECTIVE AGREEMENT

4.01 In the event that any law passed by Parliament, applying to public servants covered by this Agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of Agreement.

ARTICLE 5
MANAGERIAL RESPONSIBILITIES

5.01 The Employer and the Council agree that all the functions of Management are retained by the Employer. Without limiting the generality of the foregoing, except to the extent provided herein and except as provided by law, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the Public Service.

ARTICLE 6
SCOPE OF AGREEMENT

6.01 The Employer recognizes the Council of Graphic Arts Unions of the Public Service of Canada as the exclusive bargaining agent for all employees described in the certificate issued to the Council by the Public Service Staff Relations Board on November 10, 1967, and as amended by the decisions of the Public Service Staff Relations Board on February 28, 1973, December 3, 1975, January 5, 1984, July 25, 1988 and June 2, 1999.

ARTICLE 7
COUNCIL REPRESENTATION

7.01 Accredited Council representatives shall have access to the plant provided the permission of the Employer or of a person designated by him has been obtained.

7.02 The Council shall notify the Employer promptly and in writing of the name of its Shop Delegates and their area of jurisdiction. The Employer shall be notified promptly by the Council if any changes occur thereafter.

7.03 The Employer recognizes the Shop Delegate as the Council's representative in his designated area and will not discriminate against him for performing any of the functions of a Shop Delegate, as set forth in this Article.

7.04 A Shop Delegate must obtain the permission of his immediate supervisor before leaving his work, and such permission may be granted without loss of pay for a reasonable period of time to investigate complaints of an urgent nature or to meet with local management for the purpose of dealing with grievances, and it is understood that such permission may be granted only with reference to grievances which may arise in the plant where the Shop Delegate is normally employed. The Shop Delegate shall report back to his supervisor before resuming his normal duties.

7.05 The Employer will continue its present practice of providing space on bulletin boards for the posting of notices. These notices will be subject to the approval of the Employer except notices of meetings, elections, names of Council representatives and social and recreational events.

ARTICLE 8
COUNCIL SECURITY

8.01 The Employer will, as a condition of employment, deduct an amount equivalent to regular membership dues, in a fixed amount exclusive of any initiation fees, pension deductions, special assessments or arrears which may exist at the signing of this Agreement, from the monthly pay of all employees in the bargaining unit.

8.02 The Council shall inform the Employer, in writing, of the authorized monthly deduction to be checked off for employees defined in clause 8.01.

8.03 The Employer agrees to make deductions for the Council's group life insurance premiums upon production of properly authorized documentation, and such other deductions as may be agreed to between the parties from time to time.

8.04 For the purpose of applying clause 8.01, deductions from pay for each employee in respect of each month will start with the first (1^st) full month of employment to the extent that earnings are available.

8.05 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, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee shows the registered number of the religious organization and is countersigned by an official representative of the religious organization involved.

8.06 For the duration of this Agreement, no employee organization, as defined in Section 2 of the Public Service Staff Relations Act, other than the Council, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

8.07 The amounts deducted in accordance with clause 8.01 shall be remitted by cheque to the person designated by the Council, within a reasonable period of time after deductions are made. The cheque shall be accompanied by particulars identifying each employee, the appropriate Union, and the deductions made on the employee's behalf.

8.08 The Council 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.

ARTICLE 9
VACATION LEAVE

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

(a) five-sixths (5/6) of a day, [ten (10) working days per year], if he has completed less than one (1) year of continuous employment;

(b) one and one-quarter (1 1/4) days, [fifteen (15) working days per year], if he has completed one (1) year of continuous employment;

(c) effective September 1, 1990 one and two-thirds, (1 2/3) days, [twenty (20) working days per year] if he has completed eight (8) years of continuous employment;

(d) one and eleven -twelfth (1 11/12) days [twenty-three, (23) working days per year] if he has completed seventeen (17) years of continuous employment.

(e) two and one-twelfth (2 1/12) days [twenty-five, (25) working days per year] if he has completed nineteen (18) years of continuous employment;

(f) two and one-third, (2 1/3) days, [thirty (28) working days per year] if he has completed twenty-nine (28) years of continuous employment;

(g) two and one-half (2 1/2) days, [thirty (30) working days per year] if he has completed twenty-nine (28) years of continuous employment;

(h) if an employee has received or is entitled to receive furlough leave, he shall earn vacation leave at the rate of one and two-thirds (1 2/3) days per month, [twenty (20) working days per year], effective from the month in which he has completed twenty (20) years of continuous employment, until the first (1^st) of the month in which he has completed twenty-five (25) years of continuous employment;

(i) an employee shall have his accrued days of vacation credits converted to hours of credits by multiplying the number of accrued days by seven (7) hours or seven and one-half (7 1/2) hours per day whichever is applicable. When an employee's hours of work are changed, his credits will be converted to days by dividing the number of hours of credits by seven (7) hours or seven and one-half (7 1/2) hours per day whichever is applicable. Leave will be scheduled on an hourly basis with the hours debited for each day of vacation leave being the same as the hours the employee would have been scheduled to work on that day or portion thereof subject to operational requirements as determined by the Employer.

9.02 When an employee completes the years of continuous employment set forth above, he shall earn vacation leave at the applicable rate from the first (1^st) day of the month in which he completes such years of continuous employment. However, an employee who has completed the continuous employment requirements on or before November 1, 1984, shall earn vacation leave at the appropriate rate as provided in 9.01 effective on the date of signing of this collective agreement.

An employee earns but is not entitled to receive vacation leave with pay during his first six (6) months of continuous employment.

9.04 Vacations, as far as possible, will be scheduled at times most desirable to the employee. However, vacation periods shall be designated by the Employer in accordance with work requirements as determined by the Employer.

9.05 The Employer shall make every effort not to have to recall an employee to duty after he has proceeded on vacation leave.

9.06 At least two (2) weeks' vacation shall be taken in consecutive weeks unless otherwise mutually agreed.

Permission may be granted to an employee to take the remainder of his vacation leave in periods of less than one (1) week, subject to the operational requirements of the service as determined by the Employer.

9.07 A vacation due to an employee in any year may be carried over to the next year by mutual agreement.

9.08 An employee shall be entitled to vacation leave with pay at the rate of pay established for the classification level of his substantive position.

9.09 The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee's vacation period commences.

Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure. Any overpayments in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

9.10 Where an employee dies or otherwise terminates his employment after a period of continuous employment of not less than thirty (30) days but not more than six (6) months, he or his estate shall, in lieu of earned vacation leave, be paid an amount equal to four per cent (4%) of the total of the pay and compensation for overtime received by him during his period of employment.

9.11 When the employment of an employee who has completed more than six (6) months of continuous employment is terminated for any reason, the employee or his estate shall, in lieu of earned but unused vacation leave and/or furlough leave, be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave and/or furlough leave, by the daily rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his employment.

9.12 Notwithstanding clause 9.11, an employee whose employment is terminated by reason of a declaration that he abandoned his position is entitled to receive the payment referred to in clause 9.11 if he requests it within six (6) months following the date upon which his employment is terminated.

9.13 When the employment of an employee who has been granted more vacation leave with pay than he has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him.

9.14 If a Holiday as specified in clause 10.01 falls within an employee's vacation period, that day shall not be charged against his earned vacation leave.

9.15 For the purpose of this Article the fiscal year begins on April 1 and ends on March 31 of the following year.

When the Employer cancels or alters a period of vacation leave with pay which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee will make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

9.17 Where in respect of any period of vacation leave with pay, an employee is granted:

(b) leave with pay because of illness in the immediate family on production of a medical certificate,

the period of vacation leave with pay so displaced shall either be added to the vacation period if requested by the employee and approved by the Employer or reinstated for use at a later date.

9.18 During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of fifteen (15) days may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment of the employee's substantive position on March 31^st of the previous vacation year.

ARTICLE 10
DESIGNATED HOLIDAYS

10.01 Subject to this Article, the following days are Designated Holidays with pay for employees:

(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,

(f) one additional day in each year that, in the opinion of the Employer, is recognized to be a Provincial or Civic Holiday in the area in which the employee is employed, or in any area where, in the opinion of the Employer, no such day is recognized as a Provincial or Civic Holiday, the first (1^st) Monday in August,

(h) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

(l) one additional day when proclaimed by an Act of Parliament as a National Holiday.

10.02 The Employer may substitute for the Designated Holiday specified in clause 10.01(f), or for Easter Monday, any other Holiday generally observed in any area of employment, except in the Ottawa-Hull area.

10.03 Subject to clause 10.04, when a Designated Holiday falls on a weekend recess, it shall be moved to the regular working day next following the Designated Holiday.

(a) Subject to paragraph (b), an employee who does not work on a Designated Holiday shall be paid for that day the amount he would have been paid for a regular working day.

(b) An employee shall not be paid for a Designated Holiday as provided in paragraph (a) if:

(i) he is not entitled to pay for at least ten (10) of the thirty (30) calendar days immediately preceding the Designated Holiday;

(ii) he is absent without permission on the day before and the day after the Designated Holiday.

ARTICLE 11
EDUCATION LEAVE WITHOUT PAY,
CAREER DEVELOPMENT LEAVE WITH PAY AND
EXAMINATION LEAVE WITH PAY

11.01 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 of 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 the employee's 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.

11.02 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 the employee's annual rate of pay, 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.

11.03 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.

11.04 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.

(c) ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has undertaken to serve after completion of the course;

the employee shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.

(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 or her 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 sub-clause 11.05(a) above. The employee shall receive no compensation under Article 16, Overtime, and Article 17, Travelling, of this collective agreement 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.

11.06 At the Employer's discretion, examination 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.

ARTICLE 12
SICK LEAVE WITH PAY

An employee shall earn sick leave credits at the rate of one and one-quarter (1 1/4) days for each calendar month for which he receives pay for ten (10) days or more.

An employee shall be eligible for sick leave with pay when he is unable to perform his duties because of illness or injury under the following conditions:

(a) that he satisfies the Employer of his condition in such manner and at such time as may be determined by the Employer;

12.03 Unless otherwise indicated by the Employer, a statement signed by the employee describing the nature of his illness or injury and stating that because of this illness or injury he was unable to perform his duties shall, when delivered to the Employer, be considered as meeting the requirements of clause 12.02(a):

(b) if in the current fiscal year, the employee has not been granted more than ten (10) days' paid sick leave wholly on the basis of statements signed by him.

12.04 Where an employee who has been continuously employed for a period of at least three (3) years is unable to perform his duties because of illness or injury for a continuous period of not less than three (3) days and has no earned sick leave credits, he may be advanced up to twenty-five (25) days, if he is awaiting a decision on an application for injury-on-duty leave and he may be advanced up to fifteen (15) days sick leave with pay for illness under the provisions of clause 12.02 but this shall be deducted from any sick leave credits, subsequently earned by him and no further sick leave with pay shall be granted to him until the total amount advanced has been so deducted.

12.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered, for the purpose of the record of sick leave credits, that he was not granted sick leave with pay.

ARTICLE 13
OTHER TYPES OF LEAVE

In respect of any requests for leave under this Article, the Employer may request, and when so requested an employee must provide, satisfactory validation of the circumstances necessitating such request, in such manner and at such time as may be determined by the Employer.

For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild or ward of the employee, father-in-law, mother-in-law, the employee's grandparents, and relative permanently residing in the employee's household or with whom the employee permanently resides.

(a) Where a member of the employee's immediate family dies, an employee shall be entitled to special leave with pay for a period of not more than five (5) days and not extending beyond the day following the funeral, and may, in addition, be granted up to three (3) days' special leave with pay for the purpose of travel.

(b) In special circumstances and at the request of the employee, bereavement leave may be extended beyond the day of the funeral but the total number of days granted must be consecutive and not greater in number than those provided for above, and must include the day of the funeral.

(c) An employee is entitled to special leave with pay, up to a maximum of one (1) day, in the event of the death of the employee's son-in-law, daughter-in-law, brother-in-law, sister-in-law or grandchild.

(d) If, during a period of compensatory leave, and/or a period of vacation leave with pay an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under paragraph (a), (b) or (c) of this clause, the employee shall be granted bereavement leave with pay and his compensatory leave credits and/or vacation leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

(a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than seventeen (17) weeks after the termination date of pregnancy.

(i) where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

(ii) where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized,

the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling seventeen (17) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of seventeen (17) weeks.

(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.

(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;

(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 12, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 12, Sick Leave With Pay, shall include medical disability related to pregnancy.

(f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

(g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

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

(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,

(ii) provides the Employer with proof that she has applied for and is in receipt of pregnancy benefits pursuant to Section 22 of the Employment Insurance Act in respect of insurable employment with the Employer,

and

(iii) has signed an agreement with the Employer stating that:

(A) she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;

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

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

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

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

(b) For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance pregnancy benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period,

and

(ii) for each week that the employee receives a pregnancy benefit pursuant to Section 22 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance pregnancy benefit she is eligible to receive and ninety-three per cent (93%) of her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which she would have been eligible if no extra monies had been earned during this period.

(d) At the employee's request, the payment referred to in subparagraph 13.03(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance pregnancy benefits.

(e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act.

(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,

(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

(j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

(i) fails to satisfy the eligibility requirement specified in subparagraph 13.03(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance pregnancy benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 13.03(a), other than those specified in sections (A) and (B) of subparagraph 13.03(a)(iii),

shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 13.03 for a combined period of no more than the number of weeks during which she would have been eligible for pregnancy benefits pursuant to Section 22 of the Employment Insurance Act had she not been disqualified from Employment Insurance pregnancy benefits for the reasons described in subparagraph (a)(i).

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

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

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

(i) where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,

(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period during which his or her child is hospitalized,

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization during which the employee was not on parental leave. However, the extension shall end not later than fifty-two (52) weeks after the day on which the child comes into the employee's care.

(d) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the expected date of the birth of the employee's child (including the child of a common-law spouse), or the date the child is expected to come into the employee's care pursuant to paragraphs (a) and (b).

(i) defer the commencement of parental leave without pay at the request of the employee;

(ii) grant the employee parental leave without pay with less than four (4) weeks' notice;

(iii) require an employee to submit a birth certificate or proof of adoption of the child.

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

(g) Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

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

(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,

(ii) provides the Employer with proof that he or she has applied for and is in receipt of parental benefits pursuant to Section 23 of the Employment Insurance Act in respect of insurable employment with the Employer,

and

(iii) has signed an agreement with the Employer stating that:

(A) the employee will return to work on the expiry date of his/her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;

(B) following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 13.07 (a)(iii)(B), if applicable;

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

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

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

(i) where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;

(ii) other than as provided in subparagraph (iii) below, for each week in respect of which the employee receives parental benefits pursuant to Section 23 of the Employment Insurance Act, the difference between the gross weekly amount of the Employment Insurance parental benefits he or she is eligible to receive and ninety-three per cent (93%) of his or her weekly rate of pay less any other monies earned during this period which may result in a decrease in Employment Insurance benefits to which he or she would have been eligible if no extra monies had been earned during this period;

(iii) where the employee becomes entitled to an extension of parental benefits pursuant to Subsection 12(7) of the Employment Insurance Act, the parental allowance payable under the SUB Plan described in subparagraph (ii) will be extended by the number of weeks of extended benefits which the employee receives under Subsection 12(7) of the EI Act.

(d) At the employee's request, the payment referred to in subparagraph 13.07(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI parental benefits.

(e) The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.

(i) for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;

(ii) for an employee who has been employed on a part-time or on a combined full time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full time during such period.

(g) The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.

(h) Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.

(i) Where an employee becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.

(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

(i) fails to satisfy the eligibility requirement specified in subparagraph 13.07(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving Employment Insurance parental benefits,

and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 13.07(a), other than those specified in sections (A) and (B) of subparagraph 13.07(a)(iii),

shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 13.07 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental benefits pursuant to Section 23 of the Employment Insurance Act, had the employee not been disqualified from Employment Insurance parental benefits for the reasons described in subparagraph (a)(i).

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

An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer when a claim has been made pursuant to the Government Employees Compensation Act, and a Workmen's Compensation authority has notified the Employer that it has certified that the employee is unable to perform his duties because of:

(a) personal injury received in the performance of his duties and not caused by the employee's willful misconduct,

(b) an industrial illness or a disease arising out of and in the course of his employment,

if the employee agrees to remit to the Receiver General of Canada any amount received by him in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or his agent has paid the premium.

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

(b) Subject to such verification as may be requested by the Employer, leave with pay shall be granted under the following circumstances:

(i) while an employee is expected to make every reasonable effort to schedule medical or dental appointments for dependent family members to minimize or preclude his absence from work, however, when alternate arrangements are not possible an employee shall be granted up to one-half (1/2) day for a medical or dental appointment when the dependent family member is incapable of attending the appointment by himself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify his supervisor of the appointment as far in advance as possible;

(ii) up to two (2) consecutive days of leave with pay to provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;

(iii) one (1) day's leave with pay for needs directly related to the birth or to the adoption of the employee's child. This leave may be divided into two (2) periods and granted on separate days;

(iv) five (5) days' marriage leave for the purpose of getting married provided that the employee gives the Employer at least five (5) days' notice.

(c) The total leave with pay which may be granted under sub-clause (b)(i), (ii), (iii), and (iv) shall not exceed five (5) days in a fiscal year.

(a) At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.

(b) Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the employee involved except where the period of such leave is less than three (3) months. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

Leave of absence with pay shall be given to every employee, other than an employee on leave of absence without pay, or under suspension, who is required:

(i) in or under the authority of a court of justice or before a grand jury,

(ii) before a court, judge, justice, magistrate or coroner,

(iii) before the Senate or House of Commons of Canada, or a committee of the Senate or House of Commons, otherwise than in the performance of the duties of his position,

(iv) before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it,

(v) before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it;

(c) to appear on his own behalf before an Adjudicator appointed by the Public Service Staff Relations Board and the employee's grievance is upheld.

13.14 Employees shall be also eligible for additional leave, as follows, in accordance with the policy of the Employer in effect on the date of signing:

The Employer shall compensate an employee at the applicable rate of pay for any lost regularly scheduled work time which results from the employee's participation in a personnel selection process for a position in the Public Service as defined in the Public Service Staff Relations Act, and for lost regularly scheduled work time the Employer considers reasonable for the employee to travel to and from the place his presence is required.

At its discretion, the Employer may grant leave with pay for purposes other than those specified in this Agreement, including military or civil defence training and emergencies affecting the community or place of work.

At its discretion, the Employer may grant leave without pay for any purpose, including upgrading of formal educational qualifications, enrolment in the Canadian Armed Forces and election to a full-time municipal office.

ARTICLE 14
LEAVE - GENERAL

14.01 When the employment of an employee who has been granted more vacation or sick leave with pay than he has earned is terminated by death, the employee is considered to have earned the amount of leave with pay granted to him.

14.02 When the employment of an employee who has been granted more vacation or sick leave with pay than he has earned is terminated by lay-off, he is considered to have earned the amount of leave with pay granted to him if, at the time of his lay-off, he has completed two (2) or more years of continuous employment.

14.03 An employee is entitled to be informed, upon request to his supervisor, and not more than two (2) times per year, of the balance of his vacation or sick leave credits.

14.04 The amount of vacation leave and sick leave earned by an employee at the time when this Agreement is signed, or at the time when he becomes subject to this Agreement, shall be retained by the employee.

14.05 An employee is not entitled to leave with pay during periods he is on leave of absence without pay or under suspension.

14.06 An employee shall not be granted two (2) different types of leave with pay during any one period, or monetary remuneration in lieu of leave with respect of that period.

14.07 Except as otherwise specified in this collective agreement, where leave without pay for a period in excess of three (3) consecutive months is granted under Article 13 of this collective agreement to an employee, the total period of leave granted shall be deducted from continuous employment. Time spent on such leave shall not be counted for pay increment purposes.

ARTICLE 15
SEVERANCE PAY

An employee who has one (1) year or more of continuous employment and who is laid off is entitled to be paid severance pay at the time of lay-off.

15.02 In the case of an employee who is laid off for the first (1^st) time, the amount of severance pay shall be two (2) weeks' pay for the first (1^st) and one (1) week's pay for each succeeding complete year of continuous employment less any period of employment in respect of which he was granted a termination of employment benefit, but the total amount of severance pay which may be paid under this clause shall not exceed twenty-eight (28) weeks' pay.

15.03 In the case of an employee who is laid off for a second (2^nd) or subsequent time, the amount of severance pay shall be one (1) week's pay for each completed year of continuous employment less any period of employment in respect of which he was granted a termination of employment benefit, but the total amount of severance pay which may be paid under this clause shall not exceed twenty-seven (27) weeks' pay.

Subject to clause 15.05, an employee who has ten (10) or more years of continuous employment is entitled to be paid on resignation from the Public Service, severance pay equal to the amount obtained by multiplying half (1/2) of his weekly rate of pay on resignation by the number of completed years of his continuous employment to a maximum of thirteen (13) weeks' pay less any period of employment in respect of which he was granted a termination of employment benefit.

On termination of employment an employee who is entitled to an immediate annuity, or is entitled to an immediate annual allowance, under the Public Service Superannuation Act, shall be paid severance pay equal to the product obtained by multiplying his weekly rate of pay on termination of employment by the number of completed years of his continuous employment to a maximum of thirty (30), less any period in respect of which he was granted a termination of employment benefit.

15.06 The rate of pay referred to in the above clauses shall be the rate of pay to which the employee is entitled for the classification prescribed in his certificate of appointment on the date of termination.

15.07 If an employee dies, there shall be paid to his estate an amount determined in accordance with clause 15.05 regardless of any other benefit payable.

(a) 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.

(b) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence pursuant to Section 11(2)(g) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

ARTICLE 16
OVERTIME

16.01 Subject to the operational requirements of the service as determined by the Employer, the Employer shall make every reasonable effort to allocate overtime work on an equitable basis among readily available qualified employees, and to give adequate notice to employees who are required to work overtime. Provided there is another qualified employee readily available to carry out the assignment, the Employer will not unreasonably withhold the granting of employee requests to be excused from working overtime.

16.02 All time worked each day, either before or after the regular starting or quitting time in each shift, shall be considered as overtime, and will be paid at the rate of time and one-half (1 1/2) for the first three (3) hours of overtime worked in each day and at the rate of double (2) time thereafter.

(a) All work performed during a weekend recess shall be paid for at the rate of double (2) time except as provided in 16.03(b). A weekend recess is defined as the forty-eight (48) consecutive hours commencing eight (8) hours after the termination of an employee's last regularly scheduled shift of the week. For the purpose of this clause:

(i) for an employee scheduled to work from Monday to Friday, a weekend recess shall commence between 3:00 p.m. Friday and 4:00 p.m. Saturday;

(ii) for an employee scheduled to work from Tuesday to Saturday a weekend recess shall commence between 3:00 p.m. Saturday to 4:00 p.m. Sunday.

(b) When an employee is moved from the night shift to the day shift and the new shift commences during the last twelve (12) hours of his weekend recess, the employee shall be paid at his regular straight-time rate and not at the rate of double (2) time for that shift.

(c) When an employee scheduled to work from Tuesday to Saturday is moved to a schedule of Monday to Friday, he shall be paid at his regular straight-time rate and not at the rate of double (2) time for that shift.

16.04 The Employer agrees to pay for a minimum of three (3) hours if an employee is called in, on his weekend recess or on a Holiday, unless the employee leaves earlier by mutual consent.

16.05 All work performed on a Holiday shall be paid for at the rate of double (2) time plus pay for the Holiday, where applicable.

16.06 Overtime pay shall be computed on the basis of the actual hourly rate of pay plus shift differential, where applicable, paid to each employee.

16.07 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 leave with pay. The duration of such leave shall be equal to the overtime worked multiplied by the applicable overtime rate. Payment of such leave shall be at the employee's straight-time rate of pay in effect on the day that such leave is taken.

(a) The Employer reserves the right to direct an employee to take accumulated compensatory leave but in so doing shall endeavour to grant such leave at such times as the employee may request.

(b) If any above leave with pay earned cannot be liquidated by the end of a twelve (12)-month period, to be determined by the Employer, then payment in cash will be made at the employee's then current rate of pay established for the classification level of his substantive position.

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's scheduled hours of work shall be reimbursed for one (1) meal in the amount of nine dollars ($9.00) except where free meals are provided.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in (a), the employee shall be reimbursed for one additional meal in the amount of nine dollars ($9.00) for each additional four (4) hour period thereafter, except where free meals are provided.

(c) Effective October 1, 2001, meals referred to in (a) and in (b) will be reimbursed in the amount of nine dollars and fifty cents ($9.50).

(d) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.

(e) Meal allowances under this clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

ARTICLE 17
TRAVELLING

17.01 Where an employee is required by the Employer to travel outside of his Headquarters area and on government business as these expressions are normally defined by the Employer, and such travel is approved 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 his normal work day of seven and one-half (7 1/2) hours or seven (7) hours, as applicable,

and

(ii) at the applicable overtime rate for additional travel time in excess of seven and one-half (7 1/2) hours or seven (7)-hour period, as applicable, of work and travel, with a maximum payment for such additional travel time not to exceed seven and one-half (7 1/2) or seven (7) hours' pay as applicable, at the straight-time rate 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 travel led to a maximum of seven and one-half (7 1/2) or seven (7) hours' pay at the straight-time rate, as applicable.

17.02 Clause 17.01 above does not apply to an employee performing work in any type of transport in which he is travelling. In such circumstances, the employee shall receive the greater of:

(b) pay for actual hours worked in accordance with Article 16 and Addenda "A", "B", "C", "D" and "E" of this Agreement.

17.03 An employee, regularly employed in one plant, who is required to travel to and work in another plant within the same headquarters area during his regular hours or immediately after, shall have normal travelling time to such other plant paid for at the applicable rate.

ARTICLE 18
CALL-BACK PAY

18.01 When an employee is recalled to work overtime that has not been scheduled in advance, he is entitled to either:

(a) a minimum of three (3) hours at time and one-half (1 1/2) for work starting before 10:00 p.m.,

(b) a minimum of two (2) hours at double (2) time for work performed between 10:00 p.m. and 6:00 a.m.,

provided that the period of overtime worked by the employee is not contiguous to his scheduled shift and that the minimum shall apply only the first (1^st) time that an employee reports for work during a period of eight (8) hours commencing with the first call-back.

ARTICLE 19
REPORTING PAY

19.01 If an employee reports for work on his regular shift without previous notice that work is not available, he shall be entitled to a full day's pay at his regular basic rate, unless that period is reduced because of an employee's own lateness or voluntary leaving before the end of the shift. This clause would not apply where the employee fails to receive notification not to report for work through absence from his home or because of other circumstances beyond the control of the Employer.

ARTICLE 20
DEDUCTIONS FOR LATE ARRIVAL

20.01 In cases where an employee reports late for work, only the time actually lost by the employee himself may be deducted.

ARTICLE 21
DAY AND NIGHT SHIFTS

21.01 A night shift is one in which four (4) or more regularly scheduled hours fall between 18:00 and 7:00 of the following morning. All other shifts are day shifts.

21.02 An employee whose scheduled regular shift is changed without seventy-two (72) hours prior notice shall be paid at the rate of time and one-half (1 1/2) for the first (1^st) full shift worked on the new schedule. Subsequent shifts worked on the new schedule shall be paid for at straight time.

ARTICLE 22
PIECE WORK

22.01 It is agreed by the Employer that no piece work shall be inaugurated in relation to any employees covered by this Agreement.

ARTICLE 23
PAY ADMINISTRATION

An employee is entitled to be paid for services rendered at the rate of pay specified in Addenda "A", "B", "C", "D" and "E", as applicable, for the classification at which he is appointed in his certificate of appointment.

The rates of pay in Addenda "A", "B", "C", "D" and "E" shall be effective on the dates specified therein.

(a) If an employee is employed for a period of at least three (3) hours on duties which have a higher classification than the classification to which he has been appointed, he shall be paid acting pay for the higher classification from the beginning of the period during which he assumed the higher duties.

(b) When an employee is required by the Employer to perform the duties of a higher level classification outside of the bargaining unit for the qualifying period specified in the collective agreement applicable to that higher classification, the employee shall be paid acting pay for the higher classification from the beginning of the period during which he assumed the higher duties.

When an employee dies the Employer shall pay to the estate of that employee the amount of pay for any regularly scheduled work time he would have been entitled to receive but for his death had he worked for the period from the date of his death to the end of the month in which his death occurred.

(a) The rates of pay set forth in Addenda "A", "B", "C", "D", "E", and "F" of this Agreement shall become effective on the dates specified therein.

(b) Where the rates of pay set forth in Addenda "A", "B", "C", "D", "E" and "F" have an effective date prior to the date of signing of this 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 this 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 unit during the retroactive period.

(iii) rates of pay shall be paid in an amount equal to what would have been paid had this Agreement been signed or an arbitral award rendered 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 (c)(iii), the Employer shall notify, by registered mail, such individuals at their last known address that they have thirty (30) days from the date of receipt of the registered letter to request in writing such payment, after which time any obligation upon the Employer to provide payment ceases;

(v) no payment or no notification shall be made pursuant to clause 23.10(b) for one dollar ($1) or less.

(a) An employee classified as lead-hand level "A" shall receive a differential of ninety cents (90¢) above his basic hourly wage rate.

(b) An employee classified as remote level "B" shall receive a differential of one dollar and ten cents ($1.10) above his basic hourly wage rate.

(c) An employee classified at supervisory level "C" shall receive a differential of one dollar and twenty-five cents ($1.25) above either his basic hourly wage rate, or the basic hourly wage rate of the highest paid tradesperson reporting to him, whichever is greater.

23.12 An employee who is scheduled to work Tuesday to Saturday shall receive a premium of fifty-five cents (55¢) per hour for all regularly scheduled hours worked at straight-time rates between 8:00 a.m. Saturday and 8:00 a.m. Sunday.

23.13 This Article is subject to the Memorandum of Understanding signed by the Employer and the Council of Graphic Arts Unions of the Public Service of Canada, dated and effective December 16, 1986, in respect of red-circled employees.

ARTICLE 24
NEW RATES

24.01 The Employer agrees to give the Council forty-five (45) days' notice in writing of its intent to place in operation new printing equipment of a type not used by the Employer at the date of signing of this Agreement, and to establish new classifications, if required for the positions required to operate or maintain the equipment in question, provided such maintenance work falls within the Council's jurisdiction. During such forty-five (45)-day period, the Employer will meet with the Council for the purpose of negotiating wage rates for the new classification.

24.02 In the event that agreement cannot be reached within sixty (60) days from the date on which notice is given, as specified in clause 24.01, the matter shall be submitted to an arbitrator agreed by the parties, who will render a final decision, binding on both parties.

24.03 The arbitrator's fees and his travelling expenses shall be shared equally by the Council and the Employer.

24.04 The wage rates, whenever finally determined, shall be retroactive to the date of the beginning of operation of the new machine.

ARTICLE 25
GRIEVANCE PROCEDURE

25.01 In cases of alleged misinterpretation or if 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.

25.02 The purpose of this procedure is to provide an orderly and effective process for the consideration and resolution of the grievances of employees within the bargaining unit. Both parties recognize that in ordinary circumstances an employee should discuss his complaint with his supervisor and give him an opportunity to adjust the employee's complaint before a grievance is presented.

(a) "grievance" means a complaint in writing presented by an employee on his own behalf or on behalf of himself and one or more other employees;

(b) all "days" referred to in this procedure are calendar days, excluding Saturdays, Sundays and Holidays.

25.04 Subject to and as laid down 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 an action or lack of action by the Employer is entitled to present a grievance, other than a grievance arising out of the classification process, in the manner prescribed except that:

(a) where there is another administrative procedure provided by law to deal with his specific complaint such procedure must be followed,

(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 Council.

25.05 An employee shall present his grievance at the first (1^st) stage of the grievance procedure not later than the twenty-fifth (25^th) day after the date on which he was notified orally or in writing, or otherwise became aware of the action or circumstance giving rise to the grievance.

25.06 Within ten (10) days after receipt of such presentation, the Employer at the first (1^st) stage shall reply in writing to the employee's grievance and, if applicable, forward copies of the reply to the Council.

25.07 If the decision of the Employer at Stage 1 is not acceptable to the employee, the employee may, not later than the tenth (10^th) day after receipt of the reply at Stage 1, present his grievance for consideration by the Employer at Stage 2.

25.08 Within ten (10) days after receipt of the employee's grievance, the Employer at Stage 2 shall deliver to the employee and, if applicable, to the Council, a written reply to the grievance.

25.09 If the decision of the Employer at Stage 2 is not acceptable to the employee, the employee may, not later than the tenth (10^th) day after receipt of the reply at Stage 2, present his grievance for consideration by the Employer at Stage 3, where such a step exists.

25.10 Within fifteen (15) days after receipt of the employee's grievance, the Employer at Stage 3 shall deliver to the employee and, if applicable, to the Council, a written reply to the grievance.

25.11 If the decision of the Employer at Stage 3 is not acceptable to the employee, the employee may, not later than the tenth (10^th) day after receipt of the reply at Stage 3, present his grievance for consideration by the Employer at Stage 4, where such a step exists.

25.12 Within fifteen (15) days after receipt of the employee's grievance, the Employer at the fourth and final stage shall deliver to the employee and, if applicable, to the Council, a written reply to the grievance.

25.13 Where the Employer at any stage fails to reply to the employee's grievance within the prescribed time limits, the employee may present his grievance to the next stage not later than the fifteenth (15^th) day after the last day on which the Employer was required to reply to his grievance at the last preceding stage of the grievance procedure.

25.14 Where an employee has presented a grievance up to and including the final stage in the grievance process with respect to:

(a) the interpretation or application in respect of him of a provision of a collective agreement or arbitral award,

(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.

25.15 The time limits stipulated in this procedure may be extended by mutual agreement of the parties involved in the grievance.

25.16 Where the Employer discharges an employee, the grievance procedure set forth in this Article shall apply, except that the decision on the grievance shall be made by the Employer at the final stage only. The written reply to the grievance shall be delivered to the employee and, if applicable, to the Council, within thirty (30) days.

25.17 Where an employee fails to present a grievance to the next higher stage in the grievance procedure within the established time limits, he shall be deemed to have abandoned the grievance.

25.18 An employee may, by written notice to the Employer at the appropriate stage in the grievance procedure, abandon a grievance at any time during the grievance process, but no person who is employed in a managerial or confidential capacity shall seek to intimidate by threat of discharge, or by any other kind of threat cause an employee to refrain from exercising his right to present a grievance.

(a) Where an employee can establish that a grievance has been presented, and the Employer has not received same, the grievance may be re-submitted to the appropriate stage. Such presentation shall have the same force and effect as the first (1^st) grievance submitted.

(b) A second (2^nd) grievance shall not be presented more than thirty (30) days after the day on which the first (1^st) grievance was presented.

25.20 The Employer acknowledges the employee's right to representation by the Council in the presentation of his grievance at any stage in the grievance procedure, including the complaint stage referred to in clause 25.02.


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Non-Supervisory Printing Services (PR) (Archived)

ARTICLE 12 SICK LEAVE WITH PAY

ARTICLE 12
SICK LEAVE WITH PAY