45.01 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 Directive
concluded by the parties will apply. In all other cases the following clauses
will apply.
45.02 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.
45.03 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.
45.04 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) days written notice to the Association 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.
45.05 The written notice provided for in clause 45.04 will
provide the following information:
(a) the nature and degree of change;
(b) the anticipated date or dates on which the Employer plans to effect
change;
(c) the location or locations involved.
**
45.06 As soon as reasonably practicable after notice is
given under clause 45.04, the Employer shall consult meaningfully with the
Association concerning the effects of the technological change referred to in
clause 45.05 on each group of employees. Such consultation will include but not
necessarily be limited to the following:
(a) the approximate number, class and location of employees likely to be
affected by the change;
(b) the effect the change may be expected to have on working conditions or
terms and conditions of employment on employees.
45.07 When, as a result of technological change, the
Employer determines that an employee requires new skills or knowledge in order
to perform the duties of his/her substantive position, the Employer will make
every reasonable effort to provide the necessary training during his/her working
hours and at no cost to her.
46.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practiced with respect to an employee by reason of age, race,
creed, colour, national or ethnic origin, religious affiliation, sex, sexual
orientation, marital status, family status, mental or physical disability,
conviction for which a pardon has been granted, membership or activity in the
Association.
46.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
47.01 The Association and the Employer recognize the right
of employees to work in an environment free from sexual harassment and agree
that sexual harassment will not be tolerated in the work place.
47.02
(a) Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
(b) If by reason of paragraph (a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
General
A Penological Factor Allowance (PFA) shall be payable to incumbents in some
positions in the bargaining unit which are in Correctional Service Canada,
subject to the following conditions.
48.01 The Penological Factor Allowance is used to provide
additional compensation to an incumbent of a position who, by reason of duties
being performed in a penitentiary, as defined in the Corrections and
Conditional Release Act as amended from time to time, assumes additional
responsibilities for the custody of inmates other than those exercised by the
Correctional Group.
48.02 The payment of the allowance for the Penological
Factor is determined by designated security level of the penitentiary as
determined by the Correctional Service of Canada. For those institutions with
more than one (1) designated security level (i.e. multi-level institutions), the
PFA shall be determined by the highest security level of the institution.
Amount of PFA
48.03
Penological Factor
Designated Security level of the Penitentiary
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Maximum
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Medium
|
Minimum
|
$2,000
|
$1,000
|
$600
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Application of PFA
48.04 Penological Factor Allowance shall only be payable to
the incumbent of a position on the establishment of, or loaned to, Correctional
Staff Colleges, Regional Headquarters, and National Headquarters, when the
conditions described in clause 48.01 above are applicable.
48.05 The applicability of PFA to a position and the
position's level of PFA entitlement, shall be determined by the Employer
following consultation with the Alliance.
48.06 Except as prescribed in clause 48.09 below, an
employee shall be entitled to receive PFA for any month in which he or she
receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
48.07 Except as provided in clause 48.08 below, PFA shall be
adjusted when the incumbent of a position to which PFA applies, is appointed or
assigned duties in another position to which a different level of PFA applies,
regardless of whether such appointment or assignment is temporary or permanent,
and for each month in which an employee performs duties in more than one
position to which PFA applies, the employee shall receive the higher allowance,
provided he or she has performed duties for at least ten (10) days as the
incumbent of the position to which the higher allowance applies.
48.08 When the incumbent of a position to which PFA applies,
is temporarily assigned a position to which a different level of PFA, or no PFA,
applies, and when the employee's basic monthly pay entitlement in the position
to which he or she is temporarily assigned, plus
PFA, if applicable, would be less than his or her basic monthly pay entitlement
plus PFA in his or her regular position, the employee shall receive the PFA
applicable to his or her regular position.
48.09 An employee will be entitled to receive PFA, in
accordance with the PFA applicable to his or her regular position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive
calendar days,
or
(b) during the full period of paid leave where an employee is granted
injury-on-duty leave with pay because of an injury resulting from an act of
violence from one or more inmates.
48.10 PFA shall not form part of an employee's salary except
for the purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations
48.11 If, in any month, an employee is disabled or dies
prior to establishing an entitlement to PFA, the PFA benefits accruing to the
employee or the employee's estate shall be determined in accordance with the PFA
entitlement for the month preceding such disablement or death.
49.01 Upon written request, an employee shall be provided
with a complete and current statement of the duties and responsibilities of
his/her position, including the classification level and, where applicable, the
point rating allotted by factor to his/her position, and an organization chart
depicting the position's place in the organization.
50.01
(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 him/her at that time. An
employee's signature on his/her assessment form will be considered to be an
indication only that its contents have been read and shall not indicate his/her
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 his/her performance is evaluated.
(c) An employee has the right to make written comments to be attached to the
performance review form.
50.02
(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.
50.03 Upon written request of an employee, his/her personnel
file shall be made available once (1) per year for his/her examination in the
presence of an authorized representative of the Employer.
**
50.04 Demotion or Non-Disciplinary Termination
When an employee is required to attend a meeting, the purpose of which is to
demote or terminate him/her for cause pursuant to Section 12(l)(d) of the Financial
Administration Act, he/she is entitled to have, at his/her request, a
representative of the Association attend the meeting. Where practicable, the
employee shall receive a minimum of one (1) day's notice of such a meeting.
**
51.01 Agreements concluded by the National Joint Council
(NJC) of the Public Service on items which may be included in a collective
agreement, and which the parties to this Agreement have endorsed after December
6, 1978 will form part of this Agreement, subject to the Public Service
Labour Relations Act (PSLRA) and any legislation by Parliament that has
been or may be, as the case may be, established pursuant to any Act specified in
Section 113 of the PSLRA.
51.02 The NJC items which may be included in a collective
agreement are those items which the parties to the NJC agreements have
designated as such or upon which the Chairman of the Public Service Labour
Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum
of Understanding which became effective December 6, 1978, as amended from time
to time.
**
51.03
(a) The following directives, policies or regulations, as amended from time
to time by National Joint Council recommendation and which have been approved by
the Treasury Board of Canada, form part of this Agreement:
(1) Bilingualism Bonus Directive;
(2) Commuting Assistance Directive;
(3) First-Aid to the General Public – Allowance for Employees;
(4) Foreign Service Directives;
(5) Isolated Posts and Government Housing Directive;
(6) Memorandum of Understanding on the Definition of Spouse;
(7) NJC Integrated Relocation Directive;
(8) Public Service Health Care Plan Directive;
(9) Travel Directive;
(10) Uniforms Directive;
(11) Workforce Adjustment Directive.
Occupational Safety and Health
(12) Committees and Representatives Directive;
(13) Motor Vehicle Operations Directive;
(14) Occupational Safety and Health Directive;
(15) Pesticides Directive;
(16) Refusal to work Directive.
(b) During the term of this Agreement, other directives, policies or
regulations may be added to the above noted list.
51.04 Grievances in regard to the above directives, policies
or regulations shall be filed in accordance with clause 17.01 of the Grievance
Procedure Article.
52.01 Subject to the willingness and capacity of individual
employees to accept relocation and retraining, the Employer will make every
reasonable effort to ensure that any reduction in the work force will be
accomplished through attrition.
53.01 The Association and the Employer have agreed to
provide for a professional allowance to be paid in accordance with the following
conditions.
53.02 Upon receipt of proof of payment, the Employer shall
reimburse an employee his/her annual membership fees paid to either the
Institute of Chartered Accountants (CA), the Society of Management Accountants
(CMA) or the Association of Certified General Accountants (CGA), when the
payment of such fees is a requirement for the continuation of the performance of
the duties of the employee's position.
**
53.03 When the payment of such fees is not a requirement for
the continuation of the performance of the duties of an employee's position, but
eligibility for a professional accounting designation from one of these
associations is a qualification specified in the Standards for Selection and
Assessment for the Financial Management Group, the Employer shall reimburse the
employee, upon receipt of proof of payment, for his/her annual membership fees
paid to one of the associations referred to in clause 53.02 to a maximum of one
thousand and one hundred ($1,100) dollars. This maximum amount is increased effective
January 1, 2007, for fees that become due and are paid following that date. The
Employer shall reimburse annual fees paid to one of the associations referred to
in clause 53.02 for employees pursing a formal study program to obtain a
professional accounting designation (CA, CMA or CGA).
53.04 Reimbursement covered by this Article does not include
arrears of previous years' dues.
53.05 Membership dues referred to in Article 8, Check-Off,
of this Agreement are specifically excluded as reimbursable fees under this
Article.
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