Other Related Documents

ARTICLE 27
GENERAL

27.01 Safety

The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Union 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.

27.02 Contracting Out

The Employer will continue past practice in giving all reasonable consideration to continued employment in the Public Service of employees who would otherwise become redundant because work is contracted out.

27.03 Collective Agreement

The Employer agrees to supply each employee with a copy of the Collective Agreement and will endeavour to do so within one (1) month after receipt from the printers.

27.04 Nothing in this Agreement shall be construed as guaranteeing an employee minimum or maximum hours of work.

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27.05 Information

The Employer agrees to supply the Union on a quarterly basis with a list of all employees in the bargaining unit. The list referred to herein shall include the name, employing department, geographical location, classification of the employee and shall be provided within one (1) month following the termination of each quarter. As soon as practicable, the Employer agrees to add to the above list the date of appointment for new employees.

ARTICLE 28
NOTICE TO AMEND OR RENEW
COLLECTIVE AGREEMENT

28.01 Should either party, at the expiration of this agreement, desire amendments or alterations therein for its renewal, a written notice to that effect shall be served upon the other party within the period of two (2) months before the agreement terminates, in accordance with the provisions of section 49(2)(b) of the Public Service Staff Relations Act.

ARTICLE 29
PART-TIME EMPLOYEES

Definition

29.01 Part-time employee means a person whose regular scheduled hours of work on an average are less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the Public Service Staff Relations Act.

General

29.02 Part-time employees shall be entitled to the benefits provided under the Agreement in the same proportion as their normal weekly hours of work compare with the regular weekly hours of work of full-time employees unless otherwise specified in this Agreement.

29.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed up to seven and one-half (7 1/2) hours in a day, or thirty-seven and one-half (37 1/2) hours in a week.

29.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked five (5) days and thirty-seven and one-half (37 1/2) hours in a week at the straight-time rate.

29.05 Leave will only be provided:

(a) during those periods in which employees are scheduled to perform their duties;

or

(b) where it may displace other leave as prescribed by the Agreement.

Designated Holidays

29.06 A part-time employee shall not be paid for the designated holidays but shall, instead be paid four decimal two five per cent (4.25%) for all straight-time hours worked.

29.07 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 10.01, the employee shall be paid at double (2) time for all hours worked.

29.08 Overtime

(a) Overtime means authorized work performed in excess of seven decimal five (7.5) hours per day or thirty-seven decimal five (37.5) hours per week, but does not include time worked on a holiday.

(b) Notwithstanding (a) for employees whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day overtime means authorized work performed in excess of those normal scheduled daily hours or an average of thirty-seven decimal five (37.5) hours per week.

29.09 Subject to 29.08 a part-time employee who is required to work overtime shall be paid overtime as specified by this Agreement.

Bereavement Leave

29.10 Notwithstanding clause 29.02, there shall be a no prorating of a "day" in clause 13.01, Bereavement

Vacation Leave With Pay

29.11 A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal workweek, at the rate for years of service as specified in clause 29.01 established in the vacation leave entitlement clause specified by this Agreement, prorated and calculated as follows:

(a) when the entitlement is one decimal twenty-five (1.25) days a month,.250 multiplied by the number of hours in the employee's workweek per month;

(b) when the entitlement is one decimal sixty-seven (1.67) days a month,.333 multiplied by the number of hours in the employee's workweek per month;

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(c) when the entitlement is one decimal eighty-four (1.84) days a month,.367 multiplied by the number of hours in the employee's workweek per month;

(d) when the entitlement is one decimal ninety-two (1.92) days a month, .383 multiplied by the number of hours in the employee's workweek per month;

(e) when the entitlement is two decimal zero nine (2.09) days a month,.417 multiplied by the number of hours in the employee's workweek per month;

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(f) when the entitlement is two decimal twenty-five (2.25) days a month,.450 multiplied by the number of hours in the employee's workweek per month;

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(g) when the entitlement is two decimal five (2.5) days a month,.500 multiplied by the number of hours in the employee's workweek per month;

Sick Leave

29.12 A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an employee's normal workweek for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee's normal workweek.

29.13 Vacation and Sick Leave Administration

(a) For the purposes of administration of clauses 29.11 and 29.12, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate calculated on a monthly basis.

(b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.

Severance Pay

29.14 Notwithstanding the provisions of Article 15, Severance Pay, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full- and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.

ARTICLE 30
SHIFT PRINCIPLE

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30.01 It is recognized that certain full-time indeterminate employees whose hours of work are regularly scheduled on a night shift basis in accordance with Article 21 (hereinafter referred to as a night shift work employee) are required to attend certain proceedings, under this collective agreement as identified in clause 30.01(a) and certain other proceedings identified in clause 30.01(b) which normally take place between the hours of 9:00 to 17:00 from Mondays to Fridays inclusive.

When a night shift work employee who is scheduled to work on the day of that proceeding and when the proceeding is not scheduled during the employee's scheduled shift for that day and when the majority of the hours of his scheduled shift on that day do not fall between the hours of 9:00 to 17:00, upon written application by the employee, the Employer shall endeavour, where possible, to change the shift work employee's shift on the day of the proceeding so that the majority of the hours fall between 9:00 to 17:00 provided that operational requirements are met, there is no increase in cost to the Employer and sufficient advance notice is given by the employee.

(a) Certain Proceedings Under This Agreement

(b) Certain Other Proceedings

ARTICLE 31
NATIONAL JOINT COUNCIL AGREEMENTS

31.01 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 collective 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 III of the PSSRA.

31.02 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 (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

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31.03 The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this collective agreement:

(1) Foreign Service Directives

(2) Travel Directive

(3) Isolated Posts Directive

(4) Living Accommodation Charges Directive

(5) Memorandum of Understanding on the Definition of the Word 'of Spouse'

(6) Relocation Directive

(7) Commuting Assistance Directive

(8) Bilingualism Bonus Policy Directive

(9) Work Force Adjustment Directive

(10) Public Service Health Care Plan Directive

(11) Uniforms Directive

Occupational Safety and Health

(12) Boilers and Pressure Vessels Directive

(13) Dangerous Substances Directive

(14) Electrical Directive Safety and Health Standard

(15) Elevating Devices Directive

(16) First Aid Directive Safety and Health Standard

(17) First Aid Allowance Directive to General Public - Allowance for Employees

(18) Tools and Machinery Directive Safety and Health Standard

(19) Hazardous Confined Spaces Directive

(20) Materials Handling Directive

(21) Motor Vehicle Operations Directive

(22) Noise Control and Hearing Conservation Directive

(23) Personal Protective Equipment and Clothing Directive

(24) Pesticides Directive

(25) Elevated Work Structures Safety Standard

(26) Use and Occupancy of Buildings

(27) Sanitation Safety and Health Standard

(28) Refusal to Work Directive.

During the term of this Collective Agreement, other directives, policies or regulations may be added to the above noted list.

31.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 25.01 of the Article on grievance procedure in this Collective Agreement.

ARTICLE 32
DISCIPLINE

32.01 When an employee is suspended from duty or terminated in accordance with paragraph 11(2)(f) of the Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.

32.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Union attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day's notice of such a meeting.

32.03 The Employer shall notify the local representative of the Union as soon as possible that such suspension or termination has occurred.

32.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.

32.05 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.

ARTICLE 33
TECHNOLOGICAL CHANGE

33.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the National Joint Council Work Force Adjustment agreement concluded by the parties will apply. In all other cases the following clauses will apply.

33.02 In this Article "Technological Change" means:

(a) the introduction by the Employer of equipment or material of a different nature than that previously utilized;

and

(b) a change in the Employer's operation directly related to the introduction of that equipment or material.

33.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.

33.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) calendar days written notice to the Union of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.

33.05 The written notice provided for in clause 33.04 will provide the following information:

(a) the nature and degree of the technological change;

(b) the date or dates on which the Employer proposes to effect the technological change;

(c) the location or locations involved;

(d) the approximate number and type of employees likely to be affected by the technological change;

(e) the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.

33.06 As soon as reasonably practicable after notice is given under clause 33.04, the Employer shall consult meaningfully with the Union concerning the rationale for the change and the topics referred to in paragraph 33.05 on each group of employees, including training.

33.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of the employee's substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours without loss of pay and at no cost to the employee.

ARTICLE 34
EMPLOYEE PERFORMANCE REVIEW
AND EMPLOYEE FILES

34.01

(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment form will be provided to the employee at that time. An employee's signature on his or her assessment form will be considered to be an indication only that its contents have been read and shall not indicate the employee's concurrence with the statements contained on the form.

(b) The Employer's representative(s) who assess an employee's performance must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.

(c) An employee has the right to make written comments to be attached to the performance review form.

34.02

(a) Prior to an employee performance review the employee shall be given:

(b) if during the employee performance review, either the form or instructions are changed they shall be given to the employee.

34.03 Upon written request of an employee, the personnel file of that employee shall be made available once (1) per year for his or her examination in the presence of an authorized representative of the Employer.

ARTICLE 35
NO DISCRIMINATION

35.01 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 origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Union, marital status or a conviction for which a pardon has been granted.

ARTICLE 36
DURATION OF AGREEMENT

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36.01 The duration of this Collective Agreement shall be from October 1, 2002 to September 30, 2005.

36.02 Unless as otherwise expressly stipulated, this Agreement shall become effective on the date it is signed.

ARTICLE 37
AGREEMENT REOPENER

37.01 This agreement may be amended by mutual consent.

SIGNED AT OTTAWA, this 4^th day of the month of September, 2003.

PAY NOTES FOR
ADDENDA "A", "B", "C", "D" AND "E"

PAY INCREMENTS

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1. The pay increment period for a full-time and a part-time employee is twelve (12) months.

2. The pay increment date for an employee appointed after September 1, 1988 to a position in the bargaining unit upon promotion, demotion or from outside the Public Service shall be the anniversary of such appointment, that is twelve (12) months from the date of appointment.

**ADDENDUM "A"

EMPLOYEES OF THE BINDERY SUB-GROUP
HOURLY RATES OF PAY
(in dollars)

A) Effective October 1, 2002
B) Effective October 1, 2003
C) Effective October 1, 2004

The hourly rates of pay for occupations in the Bindery Sub-Group shall be as follows: