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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
LIST OF CHANGES TO THE COLLECTIVE AGREEMENT
BETWEEN THE TREASURY BOARD OF CANADA AND
THE COUNCIL OF GRAPHIC ARTS UNION
OF THE PUBLIC SERVICE OF CANADA
2.01
**
(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.
**
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.
9.01
**
(d) 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;
**
9.17 Where in respect of any period of vacation leave with pay, an
employee is granted:
(a) bereavement leave,
or
(b) leave with pay because of illness in the immediate family on production of a medical certificate,
or
(c) sick leave 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.
Education Leave Without 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.
If the employee:
(a) fails to complete the course;
(b) does not resume employment with the Employer on completion of the course;
or
(c) ceases to be employed, except by reason of death or lay-off, before termination of the period he 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.
Career Development Leave With Pay
11.05
(a) Career development refers to an activity which in the opinion of the Employer is likely to be of
assistance to the individual in furthering his 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.
Examination Leave With Pay
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 13
OTHER TYPES OF LEAVE
**
13.02 Maternity Leave Without Pay
(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.
(b) Notwithstanding paragraph (a):
(i) where the employee has not yet proceeded on maternity leave without pay and her newborn child is
hospitalized,
or
(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 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.
(e) An employee who has not commenced maternity leave without pay may elect to:
(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.
**
13.03 Maternity Allowance
(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) within eighteen (18) months following her return to work, as described in section (A), should she claim the full
seventeen (17) weeks of maternity allowance, she will work a number of hours paid at the straight time calculated by
multiplying the number of hours in the work week on which her maternity leave allowance was calculated by
twenty-six (26);
(C) within eighteen (18) months following her return to work, as described in section (A), should she claim only a
portion of the seventeen (17) weeks of maternity allowance, she will work a number of hours paid at straight time
calculated by multiplying the number of hours in the work week on which her maternity allowance was calculated by a
number determined as follows:
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(26 weeks)
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X |
(number of weeks during which
she received the maternity allowance)
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|
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(17 weeks)
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(D) should she fail to return to work in accordance with section (A), 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 sections (B) and (C), or having become disabled as defined in the
Public Service Superannuation Act, she will be indebted to the Employer for the full amount of the maternity
allowance she has received;
(E) should she return to work but fail to work the total number of hours as specified in sections (B) or (C), 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 sections (B) and (C), 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:
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(allowance received)
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X
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(number of hours not worked
following her return to work)
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|
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[ total number of hours to be worked
as specified in (B) or (C)]
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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 her new period of employment is sufficient to meet
the obligations specified in sections (B) and (C).
(b) For the purpose of section (a)(iii)(B), (C) and (E), 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 will extend
the eighteen (18) month period referred to in sections (a)(iii)(B) and (C).
(c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
(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.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(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.
**
13.04 Special Maternity Allowance for Totally-Disabled Employees
(a) An employee who:
(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 Long-term 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).
**
13.05 Transitional Provisions
(a) 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.
(b) If, on the date of signature of this Agreement, an employee is absent on maternity leave without
pay and more than seventeen (17) weeks have elapsed since the termination date of her pregnancy, she may request
parental leave as of the date of signing and her return to work date will be extended subject to the provisions of the
Parental Leave Without Pay Article. Time already spent on maternity leave after seventeen (17) weeks following the
termination of pregnancy shall be deducted from the period of parental leave specified in paragraph 13.07(a) unless it
is for reasons related to the hospitalization of the newborn child, as specified in paragraphs 13.02(b)
and (c).
**
13.06 Parental Leave Without Pay
(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 twenty-six (26) 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 twenty-six (26) consecutive weeks in the fifty-two
week (52) period beginning on the day on which the child comes into the employee's care.
(c) Notwithstanding paragraphs (a) and (b):
(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,
or
(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 new-born 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).
(e) The Employer may:
(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
twenty-six (26) 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.
**
13.07 Parental Allowance
(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) within ten (10) months of his or her return to work, as described in section (A), should the employee claim the
full twelve (12) weeks of parental allowance, the employee will work a number of hours paid at straight time calculated
by multiplying the number of hours in the work week on which the parental allowance was calculated by fifteen (15);
(C) within ten (10) months of his or her return to work, as described in section (A), should the employee claim
only a portion of the full twelve (12) weeks of parental allowance, the employee will work a number of hours paid at
straight time calculated by multiplying the number of hours in the work week on which the parental allowance was
calculated by a number determined as follows:
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(15 weeks)
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X
|
(number of weeks during which
he/she received the parental allowance)
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|
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(12 weeks)
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(D) should he or she fail to return to work in accordance with section (A), 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 sections (B) and (C), or having become disabled as defined in
the Public Service Superannuation Act, he or she will be indebted to the Employer for the full amount of the
parental allowance he or she has received;
(E) should he or she return to work but fail to work the total number of hours as specified in sections (B) or (C),
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 sections (B)
and (C), 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:
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(allowance received)
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X
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(number of hours not worked following his/her
return to work)
|
|
|
[ total number of hours to be worked as specified in (B) or (C)]
|
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 sections (B) and (C).
(b) For the purpose of sections (a)(iii)(B), (C) and (E), 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 will extend
the ten (10) month period referred to in sections (a)(iii)(B) and (C).
(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
(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
Employment Insurance 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.
(f) The weekly rate of pay referred to in paragraph (c) shall be:
(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.
**
13.08 Special Parental Allowance for Totally Disabled Employees
(a) An employee who:
(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).
**
13.09 Transitional Provisions
If, on the date of signature of this Agreement, any employee is currently on paternity or adoption 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.
**
13.12 Leave Without Pay For The Relocation of a Spouse
(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.
**
15.02 In the case of an employee who is laid off for the first time, the
amount of severance pay shall be two (2) weeks' pay for the first 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 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.
**
16.08 Meal Allowance
(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
seven dollars ($7.00) 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 six dollars ($6.00) for
each additional four (4) hour period thereafter, except where free meals are provided.
(c) 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.
(d) 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.
23.03
**
(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.
32.01 When an employee is suspended from duty or terminated in accordance
with paragraph 11(2)(f) of the Financial Administration Act, the Employer undertakes to notify the employee in
writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the
time of suspension or termination.
32.02 When an employee is required to attend a meeting, the purpose of
which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or
her, the employee is entitled to have, at his or her request, a representative of the Alliance attend the meeting.
Where practicable, the employee shall receive a minimum of one day's notice of such a meeting.
32.03 The Employer shall notify the local representative of the Alliance
as soon as possible that such suspension or termination has occurred.
32.04 The Employer agrees not to introduce as evidence in a hearing
relating to disciplinary action any document from the file of an employee the content of which the employee was not
aware of at the time of filing or within a reasonable period thereafter.
32.05 Any document or written statement related to disciplinary action,
which may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed
since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this
period.
33.01 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.
33.02 In this Article "Technological Change" means:
(a) the introduction by the Employer of equipment or material of a different nature than that previously
utilized;
and
(b) a change in the Employer's operation directly related to the introduction of that equipment or material.
33.03 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.
33.04 The Employer agrees to provide as much advance notice as is
practicable but, except in cases of emergency, not less than one hundred and eighty (180) calendar days written notice
to the Council of the introduction or implementation of technological change when it will result in significant changes
in the employment status or working conditions of the employees.
33.05 The written notice provided for in clause 33.04 will provide the
following information:
(a) the nature and degree of the technological change;
(b) the date or dates on which the Employer proposes to effect the technological change;
(c) the location or locations involved;
(d) the approximate number and type of employees likely to be affected by the technological change;
(e) the effect that the technological change is likely to have on the terms and conditions of employment of the
employees affected.
33.06 As soon as reasonably practicable after notice is given under
clause 33.04, the Employer shall consult meaningfully with the Council concerning the rationale for the change and the
topics referred to in paragraph 33.05 on each group of employees, including training.
33.07 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 the employee's substantive
position, the Employer will make every reasonable effort to provide the necessary training during the employee's
working hours without loss of pay and at no cost to the employee.
34.01
(a) When a formal assessment of an employee's performance is made, the employee concerned must be
given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have
been read. A copy of the assessment form will be provided to the employee at that time. An employee's signature on his
or her assessment form will be considered to be an indication only that its contents have been read and shall not
indicate the employee's concurrence with the statements contained on the form.
(b) The Employer's representative(s) who assess an employee's performance must have observed or been
aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is
evaluated.
(c) An employee has the right to make written comments to be attached to the performance review
form.
34.02
(a) Prior to an employee performance review the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person conducting the review;
(b) if during the employee performance review, either the form or instructions are changed they shall
be given to the employee.
34.03 Upon written request of an employee, the personnel file of that
employee shall be made available once per year for his or her examination in the presence of an authorized
representative of the Employer.
THE FOLLOWING MATTERS, IN ADDITION TO THOSE CONTAINED IN THE MASTER COLLECTIVE
AGREEMENT, APPLY TO EMPLOYEES OF THE BINDERY SUB-GROUP:
1.1(A) The regular weekly hours of work for all employees in the Bindery
Sub-Group shall be thirty-seven and one-half (37 1/2) hours to be worked in five (5) regular shifts of
seven and one-half (7 1/2) hours each.
**
1.2(A)
(i) Notwithstanding the provisions of clause 1.1(A), upon request of an employee and the concurrence
of the Employer, an employee may complete his or her weekly hours of employment in a period other than five (5) full
days provided that over a period of twenty-eight (28) calendar days the employee works an average of
thirty-seven and one-half (37 1/2) hours per week. As part of the provisions of this clause, attendance reporting shall
be mutually agreed between the employee and the Employer. In every twenty-eight-day (28) period such an employee shall
be granted days of rest on such days as are not scheduled as a normal workday for the employee.
(ii) Notwithstanding the provisions of clause 1.1(A), it may be operationally advantageous to
implement work schedules for employees that differ from those specified in clause 1.1(A). Any special arrangement may
be at the request of either party and must be mutually agreed between the Employer and the majority of employees
affected.
(iii) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any
variation in hours shall not result in any additional overtime work or additional payment by reason only of such
variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the
terms of this Agreement.
NIGHT SHIFT DIFFERENTIAL
1.3(A) An employee working on a scheduled night shift shall be paid a
premium of one dollar and twenty-five cents ($1.25) per hour.
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