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Key Changes to PSAC Collective Agreements - 2005

Table of Contents

PA, SV and TC Groups: Article 7
EB Group: Article 36

Key Points	Remarks
List of Directives	The titles of directives, policies and regulations contained in the previous agreements were updated.

Part I – General Provisions

Interpretation and Definitions
PA, SV, TC, EB Groups: Article 2

Key Points

Remarks

Common-law partner

A new definition which replaces the terminology of 'common-law spouse'. This change is reflected throughout the agreements.

This has made the definition consistent with the language of the NJC.

Spouse

This word will, when required, be interpreted to include 'common-law partner', with some exceptions noted.

Labour Disputes

PA and SV Groups: Article 15
TC and EB Groups: Change was reflected in last round

Key Points

Remarks

Modification of the name of the article

The title of the article has been changed to better reflect its content and to bring it in line with the other PSAC agreements.

The change to the language is editorial. For the PA Group, the words "other employers" are replaced with "another employer".

For the SV Group, the words "provincial, municipal, commercial or industrial" are replaced with "another employer".

PA, SV and TC Group: Article 19
EB Group: Article 16

Key Points

Remarks

.01

Addition of the word ethnic

The modified language has added one additional ground of discrimination – ethnic origin.

This reflects the grounds of discrimination as defined in the Canadian Human Rights Act. It is also in line with the French text of previous rounds.

.04

Investigation Report

The new language provides access to the investigation report upon request subject to the Access to Information Act and the Privacy Act.

Sexual Harassment

PA, SV and TC Groups: Article 20
EB Group: Article 17

Key Points	Remarks
Investigation Report	The new language provides access to the investigation report upon request subject to the Access to Information Act and the Privacy Act.

Leave Provisions

PA and TC Groups: Part IV and Part VI
SV Group: Articles 34 to 52 and 59
EB Group: Articles 18 to 22 and 38

Key Points	Remarks
All leave with pay provisions	All the relevant leave with pay provisions have been converted from days to hours.

Religious Observance

PA Group: Article 31
SV Group: Article 65.04
TC Group: No change
EB Group: No change

Key Points	Remarks
Notice for leave	The language has been modified to make it in line with the other PSAC tables. The language for the PA and SV groups also reflects that the notice period can be waived because of unforeseeable circumstances.

Travelling Time
Travel Status Leave

PA Group: Article 32.08
SV Group: Article 33.08
TC Group: Article 34.09
Does not apply to EB Group

Key Points

Remarks

Granting of time off with pay

Please note that there are specific exclusions in both the TC and SV collective agreements. In addition, this leave does not apply where a Memorandum of Understanding specifically excludes the application of the Travel Time article.

Language has been modified to reflect total number of hours instead of days. In some cases, amount has been increased:

PA: 7.5 hours – remained same

SV: 8 hours or 7.5 where the standard work week is 37.5

TC: 15 hours – used to be 1 day

Training

Language in the PA and TC agreements has been modified to include situations where the Employer requires the employee to attend the courses, training sessions, professional conferences and seminars.

Vacation Leave with Pay

PA Group: Article 34.18
SV Group: Article 35.02
TC Group: Article 38.17
EB Group: Article 20.17

(excluding ED-EST and EU groups – 10 month work year)

Key Points

Remarks

Leave with pay – one time credit

New language providing employees with a one-time credit of 37.5 hours of vacation leave with pay on the first day of the month following the employee's second anniversary. For employees whose standard work week is forty (40) hours, the one time entitlement will be forty (40) hours of vacation leave.

This one-time credit is excluded from the application of the carry-over and/or liquidation of vacation leave.

61.02 - ED-EST and EU Groups – 10 month work year

New language providing these groups with 37.5 hours of leave with pay for personal reasons on the first day of the month following the employee's second anniversary.

Maternity Leave Without Pay

PA and SV Groups: Article 38
TC Group: Article 42
EB Group: Article 22

Key Points

Remarks

Modification for maternity allowance – Return to work obligation

The return to work obligation under the Maternity Allowance provision was revised to allow term employees to fulfil their obligation in any portion of the Public Service of Canada specified in Part I Schedule I of the Public Service Staff Relations Act. Please note that the reference is now Schedule I and IV of the FAA.

The period within which a term employee may be rehired in order to complete their employment obligations has increased to 90 days.

Maternity-Related Reassignment or Leave

PA Group: Article 39
SV Group: Article 44
TC Group: Article 43
EB Group: Article 58

Key Points	Remarks
Work Place Committee or Health and Safety Representative	Language modified in accordance with the Canada Labour Code. If employee gives consent, the appropriate work place committee or the health and safety representative will be informed.

Parental Leave Without Pay

PA Group: Article 40
SV Group: Article 39
TC Group: Article 44
EB Group: Article 22

Key Points	Remarks
Period of parental leave	Subject to the discretion of the Employer and at the request of the employee, the period of parental leave can be taken in two (2) periods.
Hospitalization	The leave may now end no later than 104 weeks (previous agreement had 52 weeks) after it commences when the employee's child is hospitalized.
Request	Notification is now based on the commencement of the leave.
Parental Allowance - Return to work obligation	The return to work obligation has been revised to allow term employees to fulfil their obligation in any portion of the Public Service of Canada specified in Part I Schedule 1 of the Public Service Staff Relations Act. Please note that the reference is now Schedule I and IV of the FAA. The period within which a term employee may be rehired in order to complete their employment obligations has increased to 90 days.
*Employment Insurance Act*	The wording has been modified to reflect the changes in the Employment Insurance Act.

Volunteer Leave

PA Group: Article 42
SV Group: Article 41
TC Group: Article 46
EB Group: Article 22

Key Points	Remarks
PA 42.01 SV 41.01 TC 46.01 EB 22.01	Confirms that the leave is to be taken in one single period.

Leave With Pay for Family-Related Responsibilities

PA Group: Article 43
SV Group: Article 42
TC Group: Article 47
EB Group: Article 22

Key Points	Remarks
Total Period	The total period of leave granted under this article remains 37.5 hours. For employees in the SV collective agreement, the total leave with pay granted under this article shall not exceed 37.5 hours in a fiscal year where the standard work week is 37.5 hours; 40 hours in a fiscal year where the standard work week is 40 hours; 42 hours in a fiscal year where the standard work week is 42 hours; 46.6 hours in a fiscal year where the standard work week is 46.6 hours.
Different circumstances – removal of maximum	Removal of one day maximum to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies. Removal of two days maximum for needs directly related to the birth or to the adoption of the employee's child.
Compensatory Leave	New language permitting the displacement of compensatory leave in cases of illness in the family.

Leave With or Without Pay for Other Reasons and Personal Leave with Pay

PA Group: Article 53
SV Group: Article 52
TC Group: Article 49
EB Group: Article 22

Key Points	Remarks
PA 53.02 SV 52.02 TC 49.01 EB 22.17	Confirms that the leave is to be taken in one single period.

Penological Factor Allowance

PA Group: Article 58
SV Group: Article 57
TC Group: Article 60
EB Group: Article 25

Key Points	Remarks
Purpose modified	Removal of wording referring to exposure to immediate hazards. The focus is on the custody of inmates.
Amount of PFA	Degrees of exposure provisions are eliminated. The allowance for multi-level institutions is determined by the highest security level.

Dangerous Goods

PA Group: Article 61
SV Group: Article 63 (exception GS)
TC Group: Article 62
EB Group: Article 62

Key Points

Remarks

New provision

Dangerous Goods Allowance

This provision introduces a new daily allowance of $3.50 to a maximum of $75. per month for employees who are certified pursuant to the Transportation of Dangerous Goods Act and who are assigned the responsibility for packaging and labelling dangerous goods for shipping in accordance with the Act.

Please note that there is no daily allowance for the GS group. The variation to the article is contained in the SV collective agreement, General Services, Appendix C, article 6.01.

Pay Notes

Canada Border Services Agency (CBSA) employees

PA Group: Appendix A-2
SV Group: Article 61
TC Group: Appendix A
EB Group: Annex A6

Key Points

Remarks

Rate of Pay for CBSA employees

Employees whose rate of pay on appointment to CBSA is lower than the maximum rate of pay for their group and level will be paid at the rate of pay that is closest to, but no less than, the relevant rates of pay that are contained in Appendix A of the collective agreement. Subsequently, the employee will receive annual economic increases as provided above.

Employees whose rate of pay on appointment to CBSA is higher than the maximum rate of pay for their group and level will see their rate of pay maintained. The employees will then receive the value of their economic increase in the form of a lump sum, paid by-weekly on their regular pay cheque.

Once the employee's rate of pay becomes lower than the maximum rate of pay for their group and level, the employee will then be entitled to a combination of increase to their rate of pay and lump sum, equivalent to the value of the applicable economic increase.

Classification Review

PA Group: Appendix C
SV Group: Appendix K
TC Group: Appendix R
EB Group: Appendix I

Key Points

Remarks

New Memorandum of Understanding

The Employer agrees not to enter into collective bargaining with respect to the PA, SV, TC and EB bargaining units' rates of pay related to classification review during the life of the present agreement.

Once notice to bargain has been served to renew the agreement, the parties can enter into such negotiations.

Joint Learning Program

PA Group: Appendix D
SV Group: Appendix J
TC Group: Appendix H
EB Group: Appendix H

Key Points

Remarks

New Memorandum of Understanding

The parties included a new Memorandum of Understanding in respect of the PA, SV, TC and EB bargaining units for the creation of a joint governance committee to administer the PSAC-TBS Joint Learning Program.

The Employer will provide funding for the joint learning program.

Work Force Adjustment

PA Group: Appendix F
SV Group: Appendix L
TC Group: Appendix N
EB Group

Key Points

Remarks

New Memorandum of Understanding

The parties included a new Memorandum of Understanding in respect of the PA, SV, TC and EB bargaining units in which they agree to form a joint committee to review the work force adjustment provisions.

Please note that it applies to the EB bargaining unit although the Memorandum of Understanding was not included in the collective agreement. The MOU has been posted on the TBS website with the collective agreements.

Implementation of the Collective Agreement

PA Group: Appendix H
SV Group: Appendix M
TC Group: Appendix T
EB Group: Appendix K

Key Points	Remarks
New Memorandum of Understanding	The parties included a new Memorandum of Understanding in respect of the PA, SV, TC and EB bargaining units. It is understood that the parties shall implement the provisions of the collective agreements within a period of 150 days from the date of signing.

Whistleblowing

PA Group: Appendix I
SV Group: Appendix N
TC Group: Appendix U
EB Group: Appendix L

Key Points	Remarks
New Letter to Ms. Turmel	The parties included an Appendix in respect of the PA, SV, TC and EB bargaining units. This contains a letter to Ms. Turmel on the procedure for disclosure of wrongdoings in the public sector. This letter will remain in force until the Bill C-11 becomes law.

Social Justice Fund

PA Group: Appendix J
SV Group: Appendix O
TC Group: Appendix V
EB Group: Appendix M

Key Points	Remarks
New Memorandum of Understanding	The parties included a new Memorandum of Understanding in respect of the PA, SV, TC and EB bargaining units. Creation of a joint committee to examine the desirability for the Employer to eventually participate in the funding of the Social Justice Fund.

Pay Administration

Key Points

Remarks

PA – Article 64.03

SV – Article 61.03

TC – Article 65.03

EB – Article 26.03

This amended article reflects the change which was effected in 2003 in the method of implementing retroactive upward revisions in pay rates.

For all groups

Please see Pay Notes for details

Table of Contents

Key Changes to PSAC Collective Agreements - 2005

PA, SV and TC Groups: Article 7 EB Group: Article 36

Part I – General Provisions

Interpretation and Definitions PA, SV, TC, EB Groups: Article 2

PA and SV Groups: Article 15 TC and EB Groups: Change was reflected in last round

PA, SV and TC Group: Article 19 EB Group: Article 16

PA, SV and TC Groups: Article 20 EB Group: Article 17

PA and TC Groups: Part IV and Part VI SV Group: Articles 34 to 52 and 59 EB Group: Articles 18 to 22 and 38

PA Group: Article 31 SV Group: Article 65.04 TC Group: No change EB Group: No change

Travelling Time Travel Status Leave

PA Group: Article 32.08 SV Group: Article 33.08 TC Group: Article 34.09 Does not apply to EB Group

PA Group: Article 34.18 SV Group: Article 35.02 TC Group: Article 38.17 EB Group: Article 20.17

(excluding ED-EST and EU groups – 10 month work year)

PA and SV Groups: Article 38 TC Group: Article 42 EB Group: Article 22

PA Group: Article 39 SV Group: Article 44 TC Group: Article 43 EB Group: Article 58

PA Group: Article 40 SV Group: Article 39 TC Group: Article 44 EB Group: Article 22

PA Group: Article 42 SV Group: Article 41 TC Group: Article 46 EB Group: Article 22

Leave With Pay for Family-Related Responsibilities

PA Group: Article 43 SV Group: Article 42 TC Group: Article 47 EB Group: Article 22

PA Group: Article 53 SV Group: Article 52 TC Group: Article 49 EB Group: Article 22

PA Group: Article 58 SV Group: Article 57 TC Group: Article 60 EB Group: Article 25

PA Group: Article 61 SV Group: Article 63 (exception GS) TC Group: Article 62 EB Group: Article 62

Canada Border Services Agency (CBSA) employees

PA Group: Appendix A-2 SV Group: Article 61 TC Group: Appendix A EB Group: Annex A6

PA Group: Appendix C SV Group: Appendix K TC Group: Appendix R EB Group: Appendix I

Joint Learning Program

PA Group: Appendix D SV Group: Appendix J TC Group: Appendix H EB Group: Appendix H

PA Group: Appendix F SV Group: Appendix L TC Group: Appendix N EB Group

PA Group: Appendix H SV Group: Appendix M TC Group: Appendix T EB Group: Appendix K

PA Group: Appendix I SV Group: Appendix N TC Group: Appendix U EB Group: Appendix L

Social Justice Fund

PA Group: Appendix J SV Group: Appendix O TC Group: Appendix V EB Group: Appendix M

PA, SV and TC Groups: Article 7
EB Group: Article 36

Interpretation and Definitions
PA, SV, TC, EB Groups: Article 2

PA and SV Groups: Article 15
TC and EB Groups: Change was reflected in last round

PA, SV and TC Group: Article 19
EB Group: Article 16

PA, SV and TC Groups: Article 20
EB Group: Article 17

PA and TC Groups: Part IV and Part VI
SV Group: Articles 34 to 52 and 59
EB Group: Articles 18 to 22 and 38

PA Group: Article 31
SV Group: Article 65.04
TC Group: No change
EB Group: No change

Travelling Time
Travel Status Leave

PA Group: Article 32.08
SV Group: Article 33.08
TC Group: Article 34.09
Does not apply to EB Group

PA Group: Article 34.18
SV Group: Article 35.02
TC Group: Article 38.17
EB Group: Article 20.17

PA and SV Groups: Article 38
TC Group: Article 42
EB Group: Article 22

PA Group: Article 39
SV Group: Article 44
TC Group: Article 43
EB Group: Article 58

PA Group: Article 40
SV Group: Article 39
TC Group: Article 44
EB Group: Article 22

PA Group: Article 42
SV Group: Article 41
TC Group: Article 46
EB Group: Article 22

PA Group: Article 43
SV Group: Article 42
TC Group: Article 47
EB Group: Article 22

PA Group: Article 53
SV Group: Article 52
TC Group: Article 49
EB Group: Article 22

PA Group: Article 58
SV Group: Article 57
TC Group: Article 60
EB Group: Article 25

PA Group: Article 61
SV Group: Article 63 (exception GS)
TC Group: Article 62
EB Group: Article 62

PA Group: Appendix A-2
SV Group: Article 61
TC Group: Appendix A
EB Group: Annex A6

PA Group: Appendix C
SV Group: Appendix K
TC Group: Appendix R
EB Group: Appendix I

PA Group: Appendix D
SV Group: Appendix J
TC Group: Appendix H
EB Group: Appendix H

PA Group: Appendix F
SV Group: Appendix L
TC Group: Appendix N
EB Group

PA Group: Appendix H
SV Group: Appendix M
TC Group: Appendix T
EB Group: Appendix K

PA Group: Appendix I
SV Group: Appendix N
TC Group: Appendix U
EB Group: Appendix L

PA Group: Appendix J
SV Group: Appendix O
TC Group: Appendix V
EB Group: Appendix M