1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the Alliance and the
employees and to set forth herein certain terms and conditions of employment
upon which agreement has been reached through collective bargaining.
1.02 The parties to this Agreement share a desire to improve
the quality of the Public Service of Canada and to promote the well-being and
increased efficiency of its employees to the end that the people of Canada will
be well and efficiently served. Accordingly, 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 units are
employed.
2.01 For the purpose of this Agreement:
"Alliance" means the Public Service Alliance of
Canada (Alliance),
"allowance" means compensation payable for the
performance of special or additional duties (indemnité),
"alternate provision" means a provision of this
Agreement which may only have application to certain employees (disposition de
dérogation),
"bargaining unit" means the employees of the
Employer in the group described in Article 9 (unité de négociation),
**
"common law partner" means a person living in a
conjugal relationship with an employee for a continuous period of at least one
(1) year (conjoint de fait),
**
"compensatory leave" means leave with pay in lieu
of cash payment for overtime, work performed on a designated paid holiday,
travelling time compensated at overtime rate, call-back, reporting pay and
standby pay. The duration of such leave will be equal to the time compensated or
the minimum time entitlement, multiplied by the applicable overtime rate. The
rate of pay to which an employee is entitled during such leave shall be based on
the employee's hourly rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment on the day immediately
prior to the day on which leave is taken (congé compensateur),
"continuous employment" has the same meaning as
specified in the existing Public Service Terms and Conditions of Employment
Regulations of the Employer on the date of signing of this Agreement
(emploi continu),
"daily rate of pay" means a full-time employee's
weekly rate of pay divided by five (5) (taux de rémunération journalier),
"day" means a twenty-four (24) hour period
commencing at 00:01 hour (jour),
"day of rest" in relation to a full-time employee
means a day other than a holiday on which that employee is not ordinarily
required to perform the duties of his or her position other than by reason of
the employee being on leave or absent from duty without permission (jour de
repos),
"double time" means two (2) times the employee's
hourly rate of pay (tarif double),
"employee" means a person so defined in the Public
Service Staff Relations Act and who is a member of the bargaining unit
specified in Article 9 (employé-e),
"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 (Employeur),
"holiday" (jour férié) means:
(a) the twenty-four (24)-hour period commencing at 00:01 hours of a day
designated as a paid holiday in this Agreement,
(b) however, for the purpose of administration of a shift that does not
commence and end on the same day, such shift shall be deemed to have been
entirely worked:
- on the day it commenced where half (1/2) or more of the hours worked fall
on that day,
or
- (ii) on the day it terminates where more than half (1/2) of the hours
worked fall on that day,
"hourly rate of pay" means a full-time employee's
weekly rate of pay divided by thirty-seven and one-half (37 1/2) (taux de
rémunération horaire),
"lay-off" means the termination of an employee's
employment because of lack of work or because of the discontinuance of a
function (mise en disponibilité),
"leave" means authorized absence from duty by an
employee during his or her regular or normal hours of work (congé),
"membership dues" means the dues established
pursuant to the constitution of the Alliance as the dues payable by its members
as a consequence of their membership in the Alliance, and shall not include any
initiation fee, insurance premium, or special levy (cotisations syndicales),
"overtime" (heures supplémentaires) means:
(a) in the case of a full-time employee, authorized work in excess of the
employee's scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work in excess of seven
and one-half (7 1/2) hours per day or thirty-seven and one-half (37 1/2) hours
per week, but does not include time worked on a holiday,
or
(c) in the case of a part-time employee whose normal scheduled hours of work
are in excess of seven and one-half (7 1/2) hours per day in accordance with the
Variable Hours of Work provisions (clauses 25.10 to 25.13), authorized work in
excess of those normal scheduled daily hours or an average of thirty-seven and
one-half (37 1/2) hours per week,
"remuneration" means pay and allowances
(rémunération),
**
"spouse" will, when required, be interpreted to
include "common law partner" except, for the purposes of the Foreign
Service Directives, the definition of "spouse" will remain as
specified in Directive 2 of the Foreign Service Directives (époux),
"straight-time rate" means the employee's hourly
rate of pay (tarif normal),
"time and one-half" means one and one-half (1 1/2)
times the employee's hourly rate of pay (tarif et demi),
"time and three-quarters" means one and
three-quarters (1 3/4) times the employee's hourly rate of pay (tarif et trois
quarts),
"weekly rate of pay", means an employee's annual
rate of pay divided by 52.176 (taux de rémunération hebdomadaire).
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,
and
(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.
3.01 The provisions of this agreement apply to the Alliance,
employees and the Employer.
3.02 Both the English and French texts of this agreement
shall be official.
4.01 Nothing in this agreement shall be construed to require
the Employer to do or refrain from doing anything contrary to any instruction,
direction or regulations given or made by or on behalf of the Government of
Canada in the interest of the safety or security of Canada or any state allied
or associated with Canada.
5.01 In the event that any law passed by Parliament,
applying to Public Service employees 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 the agreement.
6.01 Except to the extent provided herein, this agreement in
no way restricts the authority of those charged with managerial responsibilities
in the Public Service.
7.01 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
Staff Relations Act (PSSRA) and any legislation by Parliament that has been
or may be, as the case may be, established pursuant to any Act specified in
Schedule II of the PSSRA.
7.02 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 Staff
Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum
of Understanding which became effective December 6, 1978.
**
7.03
(a) The following directives, 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:
Bilingualism Bonus Directive
Commuting Assistance Directive
Foreign Service Directives
Health / Safety
Boiler and Pressure Vessels Directive
Committees and Representatives Directive
Hazardous Substances Directive
Electrical Directive
Elevated Work Structures Directive
Elevating Devices Directive
First-Aid Allowance Directive
First-Aid Safety and Health Directive
Hazardous Confined Spaces Directive
Materials Handling Safety Directive
Motor Vehicle Operations Directive
Noise Control and Hearing Conservation Directive
Personal Protective Equipment and Clothing Directive
Pesticides Directive
Refusal to Work Directive
Sanitation Directive
Tools and Machinery Directive
Use and Occupancy of Buildings Directive
Isolated Posts and Government Housing Directive
Memorandum of Understanding on the Definition of Spouse
NJC Relocation - IRP Directive
Public Service Health Care Plan Directive
Travel Directive
Uniforms Directive.
(b) During the term of this Agreement, other directives may be added to the
above noted list.
7.04 Grievances in regard to the above directives shall be
filed in accordance with clause 18.01 of the Article on grievance procedure in
this Agreement.
8.01 The Dental Care plan as contained in the Master
Agreement between the Treasury Board and the Public Service Alliance of Canada,
with an expiry date of June 30, 1988, and as subsequently amended from time to
time, shall be deemed to form part of this Agreement.
9.01 The Employer recognizes the Alliance as the exclusive
bargaining agent for all employees of the Employer described in the certificate
issued by the Public Service Staff Relations Board on June 10, 1999 covering
employees of the Technical Services Group (currently classified in accordance
with the Drafting and Illustration (DD), the Engineering and Scientific Support
(EG), the General Technical (GT), the Photography (PY), the Primary Products
Inspection (PI), or the Technical Inspection (TI) classification standards).
10.01 The Employer agrees to supply the Alliance each
quarter with the name, geographic location and classification of each new
employee.
10.02 The Employer agrees to supply each employee with a
copy of this Agreement and will endeavour to do so within one (1) month after
receipt from the printer.
11.01 Subject to the provisions of this Article, the
Employer will, as a condition of employment, deduct an amount equal to the
monthly membership dues from the monthly pay of all employees. Where an employee
does not have sufficient earnings in respect of any month to permit deductions
made under this Article, the Employer shall not be obligated to make such
deduction from subsequent salary.
11.02 The Alliance shall inform the Employer in writing of
the authorized monthly deduction to be checked off for each employee.
11.03 For the purpose of applying clause 11.01, deductions
from pay for each employee in respect of each calendar month will start with the
first (1st) full calendar month of employment to the extent that
earnings are available.
11.04 An employee who satisfies the Employer to the extent
that he or she declares in an affidavit that he or she is a member of a
religious organization whose doctrine prevents him or her as a matter of
conscience from making financial contributions to an employee organization and
that he or she 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 is
countersigned by an official representative of the religious organization
involved.
11.05 No employee organization, as defined in Section 2 of
the Public Service Staff Relations Act, other than the Alliance, shall
be permitted to have membership dues and/or other monies deducted by the
Employer from the pay of employees.
11.06 The amounts deducted in accordance with clause 11.01
shall be remitted to the Comptroller of the Alliance by cheque within a
reasonable period of time after deductions are made and shall be accompanied by
particulars identifying each employee and the deductions made on the employee's
behalf.
11.07 The Employer agrees to continue the past practice of
making deductions for other purposes on the basis of the production of
appropriate documentation.
11.08 The Alliance 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 limited to the amount actually involved in the error.
**
12.01 Reasonable space on bulletin boards in convenient
locations, including electronic bulletin boards where available, will be made
available to the Alliance for the posting of official Alliance notices. The
Alliance shall endeavour to avoid requests for posting of notices which the
Employer, acting reasonably, could consider adverse to its interests or to the
interests of any of its representatives. Posting of notices or other materials
shall require the prior approval of the Employer, except notices related to the
business affairs of the Alliance, including the names of Alliance
representatives, and social and recreational events. Such approval shall not be
unreasonably withheld.
12.02 The Employer will also continue its present practice
of making available to the Alliance specific locations on its premises, and
where it is practical to do so on vessels, for the placement of reasonable
quantities of literature of the Alliance.
12.03 A duly accredited representative of the Alliance may
be permitted access to the Employer's premises, which includes vessels, to
assist in the resolution of a complaint or grievance and to attend meetings
called by management. Permission to enter the premises shall, in each case, be
obtained from the Employer. In the case of access to vessels, the Alliance
representative upon boarding any vessel must report to the Master, state his or
her business and request permission to conduct such business. It is agreed that
these visits will not interfere with the sailing and normal operation of the
vessels.
12.04 The Alliance shall provide the Employer a list of such
Alliance representatives and shall advise promptly of any change made to the
list.
13.01 The Employer acknowledges the right of the Alliance to
appoint or otherwise select employees as representatives.
13.02 The Alliance and the Employer shall endeavour in
consultation to determine the jurisdiction of each representative, having regard
to the plan of organization, the number and distribution of employees at the
work place and the administrative structure implied by the grievance procedure.
Where the parties are unable to agree in consultation, then any dispute shall be
resolved by the grievance/adjudication procedure.
13.03 The Alliance shall notify the Employer in writing of
the name and jurisdiction of its representatives identified pursuant to clause
13.02.
13.04
(a) A representative shall obtain the permission of his or her immediate
supervisor before leaving his or her work to investigate employee complaints of
an urgent nature, to meet with local management for the purpose of dealing with
grievances and to attend meetings called by management. Such permission shall
not be unreasonably withheld. Where practicable, the representative shall report
back to his or her supervisor before resuming his or her normal duties.
(b) Where practicable, when management requests the presence of an Alliance
representative at a meeting, such request will be communicated to the employee's
supervisor.
(c) An employee shall not suffer any loss of pay when permitted to leave his
or her work under paragraph (a).
13.05 The Alliance shall have the opportunity to have an
employee representative introduced to new employees as part of the Employer's
formal orientation programs, where they exist.
Complaints made to the Public Service Staff Relations Board Pursuant
to Section 23 of the Public Service Staff Relations Act
14.01 When operational requirements permit, the Employer
will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf, before the
Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or
who acts on behalf of the Alliance making a complaint.
Applications for Certification, Representations and Interventions
with respect to Applications for Certification
14.02 When operational requirements permit, the Employer
will grant leave without pay:
(a) to an employee who represents the Alliance in an application for
certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a
certification.
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations
Board,
and
(b) when operational requirements permit, to an employee called as a witness
by an employee or the Alliance.
Arbitration Board Hearings, Conciliation Board Hearings and Alternate
Dispute Resolution Process
14.04 When operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees representing the
Alliance before an Arbitration Board, Conciliation Board or in an Alternate
Dispute Resolution Process.
14.05 The Employer will grant leave with pay to an employee
called as a witness by an Arbitration Board, Conciliation Board or in an
Alternate Dispute Resolution Process and, when operational requirements permit,
leave with pay to an employee called as a witness by the Alliance.
Adjudication
14.06 When operational requirements permit, the Employer
will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
14.07 Where an employee representative wishes to discuss a
grievance with an employee who has asked or is obliged to be represented by the
Alliance in relation to the presentation of his or her grievance, the Employer
will, where operational requirements permit, give them reasonable leave with pay
for this purpose when the discussion takes place in their headquarters area and
reasonable leave without pay when it takes place outside their headquarters
area.
14.08 Subject to operational requirements,
(a) when the Employer originates a meeting with a grievor in his or her
headquarters area, he or she will be granted leave with pay and "on
duty" status when the meeting is held outside the grievor's headquarters
area,
(b) when a grievor seeks to meet with the Employer, he or she will be granted
leave with pay when the meeting is held in his or her headquarters area and
leave without pay when the meeting is held outside his or her headquarters area,
and
(c) when an employee representative attends a meeting referred to in this
clause, he or she will be granted leave with pay when the meeting is held in his
or her headquarters area and leave without pay when the meeting is held outside
his or her headquarters area.
Contract Negotiation Meetings
14.09 When operational requirements permit, the Employer
will grant leave without pay to an employee for the purpose of attending
contract negotiation meetings on behalf of the Alliance.
Preparatory Contract Negotiation Meetings
14.10 When operational requirements permit, the Employer
will grant leave without pay to a reasonable number of employees to attend
preparatory contract negotiation meetings.
Meetings Between the Alliance and Management not Otherwise Specified
in this Article
14.11 When operational requirements permit, the Employer
will grant leave with pay to a reasonable number of employees who are meeting
with management on behalf of the Alliance.
14.12 Subject to operational requirements, the Employer
shall grant leave without pay to a reasonable number of employees to attend
meetings of the Board of Directors of the Alliance, meetings of the National
Executive of the Components, Executive Board meetings of the Alliance, and
conventions of the Alliance, the Components, the Canadian Labour Congress and
the Territorial and Provincial Federations of Labour.
Representatives' Training Courses
14.13 When operational requirements permit, the Employer
will grant leave without pay to employees who exercise the authority of a
representative on behalf of the Alliance to undertake training related to the
duties of a representative.
15.01 If employees are prevented from performing their
duties because of a strike or lock-out on the premises of another Employer, the
employees shall report the matter to the Employer, and the Employer will make
reasonable efforts to ensure that such employees are employed elsewhere, so that
they shall receive their regular pay and benefits to which they would normally
be entitled.
16.01 The Public Service Staff Relations Act
provides penalties for engaging in illegal strikes. Disciplinary action may also
be taken, which will include penalties up to and including discharge, for
participation in an illegal strike as defined in the Public Service Staff
Relations Act.
17.01 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.
17.02 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 (1)
day's notice of such a meeting.
17.03 The Employer shall notify the local representative of
the Alliance as soon as possible that such suspension or termination has
occurred.
17.04 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.
17.05 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.
18.01 In cases of alleged misinterpretation or
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 14 of the NJC By-Laws.
18.02 Subject to and as provided in Section 91 of the Public
Service Staff Relations Act, an employee who feels that he or she has been
treated unjustly or considers himself or herself aggrieved by any action or lack
of action by the Employer in matters other than those arising from the
classification process is entitled to present a grievance in the manner
prescribed in clause 18.05 except that:
(a) where there is another administrative procedure provided by or under any
Act of Parliament to deal with the employee's specific complaint, such procedure
must be followed,
and
(b) where the grievance relates to the interpretation or application of this
Agreement or an arbitral award, the employee is not entitled to present the
grievance unless he or she has the approval of and is represented by the
Alliance.
18.03 Except as otherwise provided in this Agreement, a
grievance shall be processed by recourse to the following levels:
(a) level 1 - first (1st) level of management;
(b) levels 2 and 3 - intermediate level(s) where such level or levels are
established in departments or agencies;
(c) final level - Deputy Head or Deputy Head's authorized representative.
Whenever there are four (4) levels in the grievance procedure, the grievor
may elect to waive either Level 2 or 3.
18.04 The Employer shall designate a representative at each
level in the grievance procedure and shall inform each employee to whom the
procedure applies of the name or title of the person so designated together with
the name or title and address of the immediate supervisor or local
officer-in-charge to whom a grievance is to be presented. This information shall
be communicated to employees by means of notices posted by the Employer in
places where such notices are most likely to come to the attention of the
employees to whom the grievance procedure applies, or otherwise as determined by
agreement between the Employer and the Alliance.
18.05 An employee who wishes to present a grievance at a
prescribed level in the grievance procedure shall transmit this grievance to his
or her immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to
deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the
grievance was received by him or her.
18.06 Where it is necessary to present a grievance by mail,
the grievance shall be deemed to have been presented on the day on which it is
postmarked and it shall be deemed to have been received by the Employer on the
date it is delivered to the appropriate office of the department or agency
concerned. Similarly the Employer shall be deemed to have delivered a reply at
any level on the date on which the letter containing the reply is postmarked,
but the time limit within which the grievor may present his or her grievance at
the next higher level shall be calculated from the date on which the Employer's
reply was delivered to the address shown on the grievance form.
18.07 A grievance of an employee shall not be deemed to be
invalid by reason only that it is not in accordance with the form supplied by
the Employer.
18.08 An employee may be assisted and/or represented by the
Alliance when presenting a grievance at any level.
18.09 The Alliance shall have the right to consult with the
Employer with respect to a grievance at each level of the grievance procedure.
Where consultation is with the deputy head, the deputy head shall render the
decision.
18.10 An employee may present a grievance to the First Level
of the procedure in the manner prescribed in clause 18.05 not later than the
twenty-fifth (25th) day after the date on which he or she is notified
orally or in writing or on which he or she first becomes aware of the action or
circumstances giving rise to the grievance.
18.11 The Employer shall normally reply to an employee's
grievance, at any level in the grievance procedure, except the final level,
within ten (10) days after the date the grievance is presented at that level.
Where such decision or settlement is not satisfactory to the employee, he or she
may submit a grievance at the next higher level in the grievance procedure
within ten (10) days after that decision or settlement has been conveyed to him
or her in writing.
18.12 If the Employer does not reply within fifteen (15)
days from the date that a grievance is presented at any level, except the final
level, the employee may, within the next ten (10) days, submit the grievance at
the next higher level of the grievance procedure.
18.13 The Employer shall normally reply to an employee's
grievance at the final level of the grievance procedure within thirty (30) days
after the grievance is presented at that level.
18.14 Where an employee has been represented by the Alliance
in the presentation of his or her grievance, the Employer will provide the
appropriate representative of the Alliance with a copy of the Employer's
decision at each level of the grievance procedure at the same time that the
Employer's decision is conveyed to the employee.
18.15 The decision given by the Employer at the Final Level
in the grievance procedure shall be final and binding upon the employee unless
the grievance is a class of grievance that may be referred to adjudication.
18.16 In determining the time within which any action is to
be taken as prescribed in this procedure, Saturdays, Sundays and designated paid
holidays shall be excluded.
18.17 The time limits stipulated in this procedure may be
extended by mutual agreement between the Employer and the employee and, where
appropriate, the Alliance representative.
18.18 Where it appears that the nature of the grievance is
such that a decision cannot be given below a particular level of authority, any
or all the levels, except the final level may be eliminated by agreement of the
Employer and the employee, and, where applicable, the Alliance.
18.19 Where the Employer demotes or terminates an employee
for cause pursuant to paragraph 11(2)(f) or (g) of the Financial
Administration Act, the grievance procedure set forth in this Agreement
shall apply except that the grievance shall be presented at the final level
only.
18.20 An employee may abandon a grievance by written notice
to his or her immediate supervisor or officer-in-charge.
18.21 An employee who fails to present a grievance to the
next higher level within the prescribed time limits shall be deemed to have
abandoned the grievance, unless the employee was unable to comply with the
prescribed time limits due to circumstances beyond his or her control.
18.22 No person who is employed in a managerial or
confidential capacity shall seek by intimidation, by threat of dismissal or by
any other kind of threat to cause an employee to abandon his or her grievance or
refrain from exercising his or her right to present a grievance as provided in
this Agreement.
18.23 Where an employee has presented a grievance up to and
including the Final Level in the grievance procedure with respect to:
(a) the interpretation or application in respect of him or her of a provision
of this Agreement or a related arbitral award,
or
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or
(g) of the Financial Administration Act,
and the employee's grievance has not been dealt with to his or her
satisfaction, he or she may refer the grievance to adjudication in accordance
with the provisions of the Public Service Staff Relations Act and
Regulations.
18.24 Where a grievance that may be presented by an employee
to adjudication is a grievance relating to the interpretation or application in
respect of him or her of a provision of this Agreement or an arbitral award, the
employee is not entitled to refer the grievance to adjudication unless the
Alliance signifies in the prescribed manner:
(a) its approval of the reference of the grievance to adjudication,
and
(b) its willingness to represent the employee in the adjudication
proceedings.
Expedited Adjudication
18.25 The parties agree that any adjudicable grievance may
be referred to the following expedited adjudication process:
(a) At the request of either party, a grievance that has been referred to
adjudication may be dealt with through Expedited Adjudication with the consent
of both parties.
(b) When the parties agree that a particular grievance will proceed through
Expedited Adjudication, the Alliance will submit to the PSSRB the consent form
signed by the grievor or the bargaining agent.
(c) The parties may proceed with or without an Agreed Statement of Facts.
When the parties arrive at an Agreed Statement of Facts it will be submitted to
the PSSRB or to the Adjudicator at the hearing.
(d) No witnesses will testify.
(e) The Adjudicator will be appointed by the PSSRB from among its members who
have had at least three (3) years experience as a member of the Board.
(f) Each Expedited Adjudication session will take place in Ottawa, unless the
parties and the PSSRB agree otherwise. The cases will be scheduled jointly by
the parties and the PSSRB, and will appear on the PSSRB schedule.
(g) The Adjudicator will make an oral determination at the hearing, which
will be recorded and initialed by the representatives of the parties. This will
be confirmed in a written determination to be issued by the Adjudicator within
five (5) days of the hearing. The parties may, at the request of the
Adjudicator, vary the above conditions in a particular case.
(h) The Adjudicator's determination will be final and binding on all the
parties, but will not constitute a precedent. The parties agree not to refer the
determination to the Federal Court.
**
19.01 There shall be no discrimination, interference,
restriction, coercion, harassment, intimidation, or any disciplinary action
exercised or practiced with respect to an employee by reason of age, race,
creed, colour, national or ethnic origin, religious affiliation, sex, sexual
orientation, family status, mental or physical disability, membership or
activity in the Alliance, marital status or a conviction for which a pardon has
been granted.
19.02
(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.
19.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with discrimination. The selection of
the mediator will be by mutual agreement.
**
19.04 Upon request by the complainant(s) and/or
respondent(s), an official copy of the investigation report shall be provided to
them by the Employer, subject to any restriction pursuant to the Access to
Information Act and the Privacy Act.
20.01 The Alliance 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.
20.02
(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.
20.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with sexual harassment. The selection
of the mediator will be by mutual agreement.
**
20.04 Upon request by the complainant(s) and/or
respondent(s), an official copy of the investigation report shall be provided to
them by the Employer, subject to any restriction pursuant to the Access to
Information Act and the Privacy Act.
21.01 The parties acknowledge the mutual benefits to be
derived from joint consultation and are prepared to enter into discussion aimed
at the development and introduction of appropriate machinery for the purpose of
providing joint consultation on matters of common interest.
21.02 Within five (5) days of notification of consultation
served by either party, the Alliance shall notify the Employer in writing of the
representatives authorized to act on behalf of the Alliance for consultation
purposes.
21.03 Upon request of either party, the parties to this
agreement shall consult meaningfully at the appropriate level about contemplated
changes in conditions of employment or working conditions not governed by this
agreement.
21.04 Without prejudice to the position the Employer or the
Alliance may wish to take in future about the desirability of having the
subjects dealt with by the provisions of collective agreements, the subjects
that may be determined as appropriate for joint consultation will be by
agreement of the parties.
22.01 The Employer shall make reasonable provisions for the
occupational safety and health of employees. The Employer will welcome
suggestions on the subject from the Alliance, and the parties undertake to
consult with a view to adopting and expeditiously carrying out reasonable
procedures and techniques designed or intended to prevent or reduce the risk of
employment injury.
23.01 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.
24.01 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, Appendix "T" on Work Force Adjustment will apply. In
all other cases the following clauses will apply.
24.02 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.
24.03 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.
24.04 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 Alliance 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.
24.05 The written notice provided for in clause 24.04 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.
24.06 As soon as reasonably practicable after notice is
given under clause 24.04, the Employer shall consult meaningfully with the
Alliance concerning the rationale for the change and the topics referred to in
paragraph 24.05 on each group of employees, including training.
24.07 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.
Alternate Provision
This article does not apply to employees in the PI bargaining unit (see
provisions of Appendix "M").
25.01 An employee's scheduled hours of work shall not be
construed as guaranteeing the employee minimum or maximum hours of work.
25.02 The Employer agrees that, before a schedule of working
hours is changed, the changes will be discussed with the appropriate steward of
the Alliance if the change will affect a majority of the employees governed by
the schedule.
25.03 Provided sufficient advance notice is given and with
the approval of the Employer, employees may exchange shifts if there is no
increase in cost to the Employer.
25.04
(a) Except as provided for in clause 25.09, the normal work week shall be
thirty-seven and one-half (37 1/2) hours exclusive of lunch periods, comprising
five (5) days of seven and one-half (7 1/2) hours each, Monday to Friday. The
work day shall be scheduled to fall within a nine (9)-hour period between the
hours of 6:00 a.m. and 6:00 p.m., unless otherwise agreed in consultation
between the Alliance and the Employer at the appropriate level.
(b) The scheduled weekly and daily hours of work stipulated in 25.04(a) may
be varied by the Employer, following consultation with the Alliance, to allow
for summer and winter hours, provided the annual total is not changed.
25.05 Subject to operational requirements as determined by
the Employer from time to time, an employee shall have the right to select and
request flexible hours between 6:00 a.m. and 6:00 p.m. and such request shall
not be unreasonably denied.
25.06 Notwithstanding the provisions of this article, 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 (28) day
period such an employee shall be granted days of rest on such days as are not
scheduled as a normal workday for the employee.
25.07 Two (2) rest periods of fifteen (15) minutes each
shall be scheduled during each normal day for non-operating employees. The
Employer agrees, where operational requirements permit, to continue the present
practice of providing rest periods for operating employees.
25.08 If an employee is given less than seven (7) days'
advance notice of a change in his or her shift schedule, the employee will
receive a premium rate of time and one-half (1 1/2) for work performed on the
first shift changed. Subsequent shifts worked on the new schedule shall be paid
for at straight time. Such employee shall retain his or her previously scheduled
days of rest next following the change or if worked, such days of rest shall be
compensated in accordance with the overtime provisions of this collective
agreement.
25.09 For employees who work on a rotating or irregular
basis:
(a) Normal hours of work shall be scheduled so that employees work:
- an average of thirty-seven and one-half (37 1/2) hours per week and an
average of five (5) days per week,
and
- seven and one-half (7 1/2) hours per day.
(b) The Employer shall make every reasonable effort to schedule a meal break
of one-half (1/2) hour during each full shift which shall not constitute part of
the work period. Such meal break shall be scheduled as close as possible to the
mid-point of the shift, unless an alternate arrangement is agreed to at the
appropriate level between the Employer and the employee. If an employee is not
given a meal break scheduled in advance, all time from the commencement to the
termination of the employee's full shift shall be deemed time worked.
(c) When an employee's scheduled shift does not commence and end on the same
day, such shift shall be deemed for all purposes to have been entirely worked:
- on the day it commenced where half (1/2) or more of the hours worked fall
on that day,
or
- on the day it terminates where more than half (1/2) of the hours worked
fall on that day.
Accordingly, the first (1st) day of rest will be deemed to start
immediately after midnight of the calendar day on which the employee worked or
is deemed to have worked his or her last scheduled shift; and the second (2nd)
day of rest will start immediately after midnight of the employee's first (1st)
day of rest, or immediately after midnight of an intervening designated paid
holiday if days of rest are separated thereby.
(d) Every reasonable effort shall be made by the Employer:
- not to schedule the commencement of a shift within eight (8) hours of the
completion of the employee's previous shift;
- to avoid excessive fluctuations in hours of work;
- to consider the wishes of the majority of employees concerned in the
arrangement of shifts within a shift schedule;
- to arrange shifts over a period of time not exceeding fifty-six (56) days
and to post schedules at least fourteen (14) days in advance of the starting
date of the new schedule;
- to grant an employee a minimum of two (2) consecutive days of rest.
(e) In order to continue the present scheduling practices for upper air
technicians, the provision of sub-paragraph 25.09(a)(ii) and (d)(i) will not
apply.
(f) Subject to paragraphs 25.09(a) through 25.09(e), scheduling practices
will continue in specialized areas as follows:
- ice observers aboard ice-breakers shall work fifty-six (56) hours per
week,
- upper air technicians shall work not less than five (5) hours per shift.
(g) Notwithstanding the provisions of this article, it may be operationally
advantageous to implement work schedules for employees that differ from those
specified in this clause. 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.
Terms and Conditions Governing the Administration of Variable Hours
of Work
25.10 The terms and conditions governing the administration
of variable hours of work implemented pursuant to paragraphs 25.04(b), 25.06,
and 25.09(g) are specified in clauses 25.10 to 25.13. This Agreement is modified
by these provisions to the extent specified herein.
25.11 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.
25.12
(a) The scheduled hours of work of any day, may exceed or be less than seven
and one-half (7 1/2) hours; starting and finishing times, meal breaks and rest
periods shall be determined according to operational requirements as determined
by the Employer and the daily hours of work shall be consecutive.
(b) Such schedules shall provide an average of thirty-seven and one-half (37
1/2) hours of work per week over the life of the schedule.
- The maximum life of a schedule for shift workers shall be six (6) months.
- The maximum life of a schedule for Day workers shall be twenty-eight (28)
days, except when the normal weekly and daily hours of work are varied by
the Employer to allow for summer and winter hours in accordance with clause
25.04(b), in which case the life of a schedule shall be one (1) year.
(c) Whenever an employee changes his or her variable hours or no longer works
variable hours, all appropriate adjustments will be made.
25.13 For greater certainty, the following provisions of
this Agreement shall be administered as provided herein:
(a) Interpretation and Definitions (clause 2.01)
"Daily rate of pay" - shall not apply.
(b) Minimum Number of Hours Between Shifts (sub-paragraph
25.09(d)(i))
The minimum period between the end of the employee's shift and the beginning
of the next one, shall not apply.
(c) Exchange of Shifts (clause 25.03)
On exchange of shifts between employees, the Employer shall pay as if no
exchange had occurred.
(d) Designated Paid Holidays (clause 32.05)
- A designated paid holiday shall account for seven and one half (7 1/2)
hours.
- When an employee works on a Designated Paid Holiday, the employee shall be
compensated, in addition to the pay for the hours specified in sub-paragraph
(i), at time and one-half (1 1/2) up to his or her regular scheduled hours
worked and at double (2) time for all hours worked in excess of his or her
regular scheduled hours.
(e) Travel
Overtime compensation referred to in clause 34.04 shall only be applicable on
a work day for hours in excess of the employee's daily scheduled hours of work.
(f) Acting Pay
The qualifying period for acting pay as specified in paragraph 64.07(a) shall
be converted to hours.
(g) Shift Premium
Shift work employees on variable hour shift schedules pursuant to Appendix
"D" of this agreement will receive a shift premium in accordance with
clause 27.01.
(h) Overtime
Overtime shall be compensated for all work performed on regular working days
or on days of rest at time and three-quarter (1 3/4).
26.01
(a) When a full-time indeterminate employee is required to attend one of the
following proceedings outside a period which extends before or beyond three (3)
hours his or her scheduled hours of work on a day during which he or she would
be eligible for a Shift Premium, the employee may request that his or her hours
of work on that day be scheduled between 7:00 a.m. and 6:00 p.m.; such request
will be granted provided there is no increase in cost to the Employer. In no
case will the employee be expected to report for work or lose regular pay
without receiving at least twelve (12) hours of rest between the time his or her
attendance was no longer required at the proceeding and the beginning of his or
her next scheduled work period.
-
Public Service Staff Relations Board Proceedings
Clauses 14.01, 14.02, 14.04, 14.05 and 14.06.
-
Contract Negotiation and Preparatory Contract Negotiation Meetings
Clauses 14.09 and 14.10.
-
Personnel Selection Process
Article 53.
- To write Provincial Certification Examinations which are a requirement for
the continuation of the performance of the duties of the employee's
position.
- Training Courses which the employee is required to attend by the Employer.
(b) Notwithstanding paragraph (a), proceedings described in subparagraph (v)
are not subject to the condition that there be no increase in cost to the
Employer.
Excluded Provisions
This Article does not apply to employees on day work, covered by clauses
25.04 to 25.06, or clause 25.04 of Appendix "M".
27.01 Shift Premium
An employee working on shifts will receive a shift premium of two dollars
($2.00) per hour for all hours worked, including overtime hours, between 4:00
p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between
8:00 a.m. and 4:00 p.m.
27.02 Weekend Premium
(a) An employee working on shifts during the weekend will receive an
additional premium of two dollars ($2.00) per hour for all hours worked,
including overtime hours, on Saturday and/or Sunday.
(b) Where Saturday and Sunday are not recognized as the weekend at a mission
abroad, the Employer may substitute two (2) other contiguous days to conform to
local practice.
28.01 Each fifteen (15) minute period of overtime shall be
compensated for at the following rates:
(a) time and one-half (1 1/2) except as provided for in paragraph 28.01(b);
(b) double (2) time for each hour of overtime worked after fifteen (15)
hours' work in any twenty-four (24) hour period or after seven and one-half (7
1/2) hours' work on the employee's first (1st) day of rest, and for
all hours worked on the second or subsequent day of rest. Second or subsequent
day of rest means the second or subsequent day in an unbroken series of
consecutive and contiguous calendar days of rest.
28.02
**
(a) Overtime shall be compensated in cash except where, upon request of an
employee and with the approval of the Employer, or at the request of the
Employer and the concurrence of the employee, overtime may be compensated in
equivalent leave with pay.
(b) The Employer shall endeavour to make cash payment for overtime in the pay
period following that in which the credits were earned.
(c) The Employer shall grant compensatory leave at times convenient to both
the employee and the Employer.
(d) Compensatory leave with pay not used by the end of a twelve (12)-month
period, to be determined by the Employer, will be paid for in cash at the
employee's hourly rate of pay as calculated from the classification prescribed
in the certificate of appointment of his or her substantive position at the end
of the twelve (12)-month period.
28.03 Subject to the operational requirements of the
service, the Employer shall make every reasonable effort:
(a) to allocate overtime work on an equitable basis amongst readily
available, qualified employees,
and
(b) to give employees who are required to work overtime adequate advance
notice of the requirement.
28.04 The Alliance is entitled to consult the deputy
minister or the deputy minister's representative whenever it is alleged that
employees are required to work unreasonable amounts of overtime.
28.05
(a) If an employee is given instructions before the beginning of the
employee's meal break or before the midpoint of the employee's work day
whichever is earlier, to work overtime on that day and reports for work at a
time which is not contiguous to the employee's work period, the employee shall
be paid for the time actually worked, or a minimum of two (2) hours' pay at
straight time, whichever is the greater.
(b) If an employee is given instructions, after the midpoint of the
employee's work day or after the beginning of his or her meal break whichever is
earlier, to work overtime on that day and reports for work at a time which is
not contiguous to the employee's work period, the employee shall be paid for the
time actually worked, or a minimum of three (3) hours' pay at straight time,
whichever is the greater.
(c) When an employee is required to report for work and reports under the
conditions described in (a) or (b) above, and is required to use transportation
services other than normal public transportation services, the employee shall be
reimbursed for reasonable expenses incurred as follows:
- mileage allowance at the rate normally paid to an employee when authorized
by the Employer to use his or her automobile when the employee travels by
means of the employee's own automobile,
or
- out-of-pocket expenses for other means of commercial transportation.
28.06 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by the employee reporting to work or
returning to his or her residence shall not constitute time worked.
28.07 Notwithstanding the provisions of this agreement for
the payment of double (2) time, Aerological Observers shall be compensated at
double (2) time as follows:
(a) for all hours worked in excess of seven and one-half (7 1/2) hours beyond
what was scheduled for a normal day;
(b) for all hours worked in excess of scheduled hours on a first (1st)
day of rest, whether the period of work is a contiguous period or not (these
days are identified on the shift schedules);
(c) for all hours worked on a second (2nd) day of rest (these days
are identified on the shift schedules);
(d) for all hours worked in excess of the scheduled hours of work on a
Designated Holiday.
28.08 Within five (5) days of notification of consultation
served by either party the Alliance shall notify the Employer in writing of the
representative authorized to act on behalf of the Alliance for consultation
purposes.
Meal Allowance
To Apply to all Groups Except PI
28.09
(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 ten dollars ($10.00) 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 (1) additional meal in the amount of ten dollars ($10.00) 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.
28.10 To Apply to PI Group Only
An employee who works three (3) or more hours of overtime:
(a) immediately before the employee's scheduled hours of work and who has not
been notified of the requirement prior to the end of his/her last scheduled work
period,
or
(b) immediately following the employee's scheduled hours of work
shall be reimbursed for one (1) meal in the amount of ten dollars ($10.00),
except where free meals are provided. When an employee works additional overtime
continuously extending three (3) hours or more beyond the periods provided for
in (a) and (b) above, the employee shall be reimbursed for one (1) additional
meal in the amount of ten dollars ($10.00) for each additional three (3)
consecutive hours worked, except where free meals are provided.
Reasonable time with pay, to be determined by management, shall be allowed
the employee in order that the meal break may be taken either at or adjacent to
the employee's place of work. 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.
28.11 When a contractor plans to close a plant between two
(2) designated paid holidays or between a designated paid holiday and a weekend
in order to give the contractor's employees an extended holiday period, Resident
Inspectors of the Department of National Defence may be required to work the
same days of rest as those worked by the contractors' employees at the
straight-time rate and take lieu days to coincide with the plant's shutdown.
28.12 An employee who receives a call to duty or responds to
a telephone or data line call while on standby or at any other time outside of
his or her scheduled hours of work, may at the discretion of the Employer work
at the employee's residence or at another place to which the Employer agrees. In
such instances, the employee shall be paid the greater of:
(a) compensation at the applicable overtime rate for any time worked,
or
(b) compensation equivalent to one (1) hour's pay at the straight-time rate,
which shall apply only the first time an employee performs work during an eight
(8) hour period, starting when the employee first commences the work.
Alternate Provisions
Clauses 29.01 and 29.02 do not apply to employees covered by 29.03.
29.01 If an employee is called back to work:
(a) on a designated paid holiday which is not the employee's scheduled day of
work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed his or her work for the day and has left
his or her place of work,
and returns to work, the employee shall be paid the greater of:
- compensation equivalent to three (3) hours' pay at the applicable overtime
rate of pay for each call-back to a maximum of eight (8) hours' compensation
in an eight (8)-hour period. Such maximum shall include any reporting pay
pursuant to clause 32.06 and the relevant reporting pay provisions,
or
- compensation at the applicable rate of overtime compensation for time
worked,
provided that the period worked by the employee is not contiguous to the
employee's normal hours of work.
(d) The minimum payment referred to in 29.01(c)(i) above, does not apply to
part-time employees. Part-time employees will receive a minimum payment in
accordance with clause 63.06 of this collective agreement.
29.02 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by the employee reporting to work or
returning to his or her residence shall not constitute time worked.
29.03 This Article does not apply where an employee who has
accommodation on board a vessel and:
(a) is not in his or her home port, reports for sailing in accordance with
posted sailing orders or as otherwise required by the Master;
or
(b) is on the Employer's premises at the time of notification of the
requirement to work overtime.
Compensation in Cash or Leave With Pay
29.04
**
(a) Compensation earned under this article shall be compensated in cash
except where, upon request of an employee and with the approval of the Employer,
or at the request of the Employer and the concurrence of the employee, overtime
may be compensated in equivalent leave with pay.
(b) The Employer shall endeavour to make cash payment for overtime in the pay
period following that in which the credits were earned.
(c) The Employer shall grant compensatory leave at times convenient to both
the employee and the Employer.
(d) Compensatory leave with pay not used by the end of a twelve (12)-month
period, to be determined by the Employer, will be paid for in cash at the
employee's hourly rate of pay as calculated from the classification prescribed
in the certificate of appointment of his or her substantive position at the end
of the twelve (12)-month period.
30.01 Where the Employer requires an employee to be
available on standby during off-duty hours, such employee shall be compensated
at the rate of one-half (1/2) hour for each four (4)-hour period or part thereof
for which the employee has been designated as being on standby duty.
30.02 An employee designated by letter or by list for
standby duty shall be available during his or her period of standby at a known
telephone number and be available to return for work as quickly as possible if
called. In designating employees for standby, the Employer will endeavour to
provide for the equitable distribution of standby duties.
30.03 No standby payment shall be granted if an employee is
unable to report for work when required.
30.04 An employee on standby who is required to report for
work shall be compensated in accordance with clause 29.01.
30.05 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than an
employee's normal place of work, time spent by the employee reporting to work or
returning to his or her residence shall not constitute time worked.
**
30.06
(a) Payments referred to in clauses 30.01 and 30.04 shall be compensated in
cash except where, upon request of an employee and with the approval of the
Employer, or at the request of the Employer and the concurrence of the employee,
the payment may be compensated in equivalent leave with pay.
(b) Compensatory leave with pay not used by the end of a twelve (12)-month
period, to be determined by the Employer, will be paid for in cash at the
employee's hourly rate of pay as calculated from the classification prescribed
in the certificate of appointment of his or her substantive position at the end
of the twelve (12)-month period.
31.01
(a) When an employee is required to report and reports to work on the
employee's day of rest, the employee is entitled to a minimum of three (3)
hours' pay at the applicable overtime rate of pay;
(b) The minimum payment referred to in (a), does not apply to part-time
employees. Part-time employees will receive a minimum payment in accordance with
63.05.
31.02 To Apply to the EG, DD, PY and PI Groups Only
When an employee reports for work under the conditions described in clause
31.01, and is required to use transportation services other than normal public
transportation services, the employee shall be reimbursed for reasonable
expenses incurred as follows:
(a) mileage allowance at the rate normally paid to an employee when
authorized by the Employer to use his or her automobile when the employee
travels by means of the employee's own automobile,
or
(b) out-of-pocket expenses for other means of commercial transportation.
31.03 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by an employee reporting to work or
returning to his or her residence shall not constitute time worked.
31.04 To Apply to EG Group Only
An employee required to report aboard ship sailing from home port outside the
employee's normally scheduled working hours and who is not required to work
aboard on reporting will be paid a premium of one (1) hour's pay at the
straight-time rate.
31.05 To Apply to EG Group Only
This Article does not apply where an employee who has accommodation on board
a vessel and is not in the employee's home port, reports for sailing in
accordance with posted sailing orders or as otherwise required by the Master.
**
31.06
(a) Payments referred to in clause 31.01 shall be compensated in cash except
where, upon request of an employee and with the approval of the Employer, or at
the request of the Employer and the concurrence of the employee, the payment may
be compensated in equivalent leave with pay.
(b) Compensatory leave with pay not used by the end of a twelve (12)-month
period, to be determined by the Employer, will be paid for in cash at the
employee's hourly rate of pay as calculated from the classification prescribed
in the certificate of appointment of his or her substantive position at the end
of the twelve (12)-month period.
32.01 Subject to clause 32.02, the following days shall be
designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration
of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day
of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one (1) 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 additional day is recognized as a provincial or civic holiday, the first
Monday in August,
(l) one (1) additional day when proclaimed by an Act of Parliament as a
national holiday.
Clause TI32.01 applies only to certain employees in the TI Group.
TI32.01 Technical Inspectors working on the premises of
contractors who observe the Designated Paid Holidays on days other than those
listed in clause 32.01 shall observe the Designated Paid Holidays referred to in
clause 32.01 on the same days as the employees of these contractors. Technical
Inspectors are entitled to eleven (11) Designated Paid Holidays per year.
32.02 An employee absent without pay on both his or her full
working day immediately preceding and his or her full working day immediately
following a designated holiday is not entitled to pay for the holiday, except in
the case of an employee who is granted leave without pay under the provisions of
Article 14, Leave With or Without Pay For Alliance Business.
32.03 When a day designated as a holiday under clause 32.01
coincides with an employee's day of rest, the holiday shall be moved to the
first (1st) scheduled working day following the employee's day of
rest. When a day that is a designated holiday is so moved to a day on which the
employee is on leave with pay, that day shall count as a holiday and not as a
day of leave.
When two (2) days designated as holidays under clause 32.01 coincide with an
employee's consecutive days of rest, the holidays shall be moved to the
employee's first two (2) scheduled working days following the days of rest. When
the days that are designated holidays are so moved to days on which the employee
is on leave with pay, those days shall count as holidays and not as days of
leave.
32.04 When a day designated as a holiday for an employee is
moved to another day under the provisions of clause 32.03:
(a) work performed by an employee on the day from which the holiday was moved
shall be considered as worked performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved,
shall be considered as work performed on a holiday.
**
32.05
(a) When an employee works on a holiday, he or she shall be paid time and
one-half (1 1/2) for all hours worked up to seven and one-half (7 1/2) hours and
double (2) time thereafter, in addition to the pay that the employee would have
been granted had he or she not worked on the holiday.
(b) Notwithstanding paragraph (a), when an employee works on a holiday
contiguous to a day of rest on which the employee also worked and received
overtime in accordance with paragraph 28.01(b), the employee shall be paid in
addition to the pay that the employee would have been granted had he or she not
worked on the holiday, two (2) times his or her hourly rate of pay for all time
worked.
32.06 When an employee is required to report for work and
reports on a designated holiday, the employee shall be paid the greater of:
(a) compensation equivalent to three (3) hours' pay at the applicable
overtime rate of pay for each reporting to a maximum of eight (8) hours'
compensation in an eight (8) hour period;
or
(b) compensation in accordance with the provisions of clause 32.05.
32.07 Other than when required by the Employer to use a
vehicle of the Employer for transportation to a work location other than the
employee's normal place of work, time spent by the employee reporting to work or
returning to his or her residence shall not constitute time worked.
32.08 Where a day that is a designated holiday for an
employee coincides with a day of leave with pay, that day shall count as a
holiday and not as a day of leave.
32.09 Where operational requirements permit, the Employer
shall not schedule an employee to work both December 25 and January 1 in the
same holiday season.
**
32.10
(a) Payments referred to in clause 32.05 and 32.06 shall be compensated in
cash except where, upon request of an employee and with the approval of the
Employer, or at the request of the Employer and the concurrence of the employee,
the payment may be compensated in equivalent leave with pay.
(b) Compensatory leave with pay not used by the end of a twelve (12)-month
period, to be determined by the Employer, will be paid for in cash at the
employee's hourly rate of pay as calculated from the classification prescribed
in the certificate of appointment of his or her substantive position at the end
of the twelve (12)-month period.
33.01 The Employer shall make every reasonable effort to
accommodate an employee who requests time off to fulfill his or her religious
obligations.
33.02 Employees may, in accordance with the provisions of
this Agreement, request annual leave, compensatory leave, leave without pay for
other reasons or a shift exchange (in the case of a shift worker) in order to
fulfill their religious obligations.
33.03 Notwithstanding clause 33.02, at the request of the
employee and at the discretion of the Employer, time off with pay may be granted
to the employee in order to fulfill his or her religious obligations. The number
of hours with pay so granted must be made up hour for hour within a period of
six (6) months, at times agreed to by the Employer. Hours worked as a result of
time off granted under this clause shall not be compensated nor should they
result in any additional payments by the Employer.
33.04 An employee who intends to request leave or time off
under this Article must give notice to the Employer as far in advance as
possible but no later than four (4) weeks before the requested period of
absence.
34.01 For the purposes of this collective agreement,
travelling time is compensated for only in the circumstances and to the extent
provided for in this article.
34.02 When an employee is required to travel outside his or
her headquarters area on government business, as these expressions are defined
by the Employer, the time of departure and the means of such travel shall be
determined by the Employer and the employee will be compensated for travel time
in accordance with clauses 34.03 and 34.04. Travelling time shall include time
necessarily spent at each stop-over enroute provided such stop-over is not
longer than three (3) hours.
34.03 For the purposes of clauses 34.02 and 34.04, the
travelling time for which an employee shall be compensated is as follows:
For travel by public transportation, the time between the scheduled time of
departure and the time of arrival at a destination, including the normal travel
time to the point of departure, as determined by the Employer.
For travel by private means of transportation, the normal time as determined
by the Employer, to proceed from the employee's place of residence or work
place, as applicable, direct to the employee's destination and, upon the
employee's return, direct back to the employee's residence or work place.
In the event that an alternate time of departure and/or means of travel is
requested by the employee, the Employer may authorize such alternate
arrangements, in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
34.04 If an employee is required to travel as set forth in
clauses 34.02 and 34.03:
(a) On a normal working day on which the employee travels but does not work,
the employee shall receive his or her regular pay for the day.
(b) On a normal working day on which the employee travels and works, the
employee shall be paid:
- his or her regular pay for the day for a combined period of travel and
work not exceeding his or her regular scheduled working hours,
and
- at the applicable overtime rate for additional travel time in excess of
his or her regularly scheduled hours of work and travel, with a maximum
payment for such additional travel time not to exceed twelve (12) hours pay
at the straight-time rate of pay.
(c) On a day of rest or on a designated paid holiday, the employee shall be
paid at the applicable overtime rate for hours travelled to a maximum of twelve
(12) hours pay at the straight-time rate of pay.
34.05 This article does not apply to an employee when the
employee travels by any type of transport in which he or she is required to
perform work, and/or which also serves as his or her living quarters during a
tour of duty. In such circumstances, the employee shall receive the greater of:
(a) on a normal working day, his or her regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 32, Designated
Paid Holidays and Article 28, Overtime of this collective agreement.
34.06 Compensation under this article shall not be paid for
travel time to courses, training sessions, conferences and seminars, unless the
employee is required to attend by the Employer.
34.07
(a) Upon request of an employee and with the approval of the Employer,
compensation at the overtime rate earned under this Article may be granted in
compensatory leave with pay.
(b) Compensatory leave with pay not used by the end of a twelve (12) month
period, to be determined by the Employer, will be paid for in cash at the
employee's hourly rate of pay as calculated from the classification prescribed
in the certificate of appointment of the employee's substantive position at the
end of the twelve (12) month period.
34.08 When an employee is to be away from home on two (2)
consecutive days of rest they shall be entitled to be reimbursed for one ten
(10) minute station to station call home in addition to those that may be
eligible for under the travel directive.
**
34.09 Travel Status Leave
Exclusions
This clause does not apply to employees covered by Appendix I - Engineering
and Scientific Support Group.
(a) An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer,
and is away from his or her permanent residence for forty (40) nights during a
fiscal year shall be granted fifteen (15) hours off with pay. The employee shall
be credited with one additional period of seven decimal five (7.5) hours for
each additional twenty (20) nights that the employee is away from his or her
permanent residence to a maximum of eighty (80) additional nights.
(b) The maximum number of hours off earned under this clause shall not exceed
thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as
compensatory leave with pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to
paragraphs 28.02(c) and (d).
The provisions of this clause do not apply when the employee travels in
connection with courses, training sessions, professional conferences and
seminars, unless the employee is required to attend by the Employer.
35.01 When an employee serving on a vessel which is away
from its home port,
(a) is authorized to take leave under the provisions of Article 38, Vacation
Leave With Pay, or under the provisions of Article 51, Bereavement Leave With
Pay, the Employer shall pay the cost of the return travelling expenses, as
normally defined by the Employer, from the point of disembarkation to the
vessel's home port or to the employee's normal place of residence, whichever is
the lesser amount;
(b) terminates his or her employment by reason of retirement, release or
lay-off, the Employer shall pay the cost of the travelling expenses, as normally
defined by the Employer, from the point of disembarkation to the employee's port
of hiring or to the employee's normal place of residence, whichever is the
lesser amount.
36.01 Where practicable, advance notice of a change in
posting or a transfer from an employee's Headquarters' area as defined by the
Employer shall be given to an employee. Such notice shall not normally be less
than three (3) months.
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