October 3, 2001
Interpretation - Article 21 - Registration Fees
Applied Science and Engineering Group
Recently, a number of departments, as well as the Professional
Institute of the Public Service of Canada, sought clarification from the
Employer as to the interpretation of Article 21, Registration Fees, of the
Applied Science and Engineering (AP) agreement which reads as follows:
"The Employer shall reimburse an employee for payment of
membership or registration fees to an organization or governing body where
membership is a requirement for the continuation of the performance of the
duties of the employee's position."
More precisely the following questions were asked:
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Since there are both languages in the AP collective
agreement and a Treasury Board policy on this issue, which one applies?
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Does the policy still apply to employees covered by the
agreement?
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Who decides that membership is a requirement?
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Can management require an employee to be eligible for
membership in a professional organization without actually requiring the
employee to belong to the organization in question?
As it is often the case, the answers to these questions are
deceptively simple as far as principles are concerned, but tend to get more
complex when looking at individual cases. Nonetheless, the following is provided
as guidance to departments who have to implement the AP collective agreement:
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The collective agreement supersedes the Treasury Board
policy when the policy contradicts or restricts the meaning of the
collective agreement.
For example, the language of the agreement does not put any
limitations on the criteria to be used to decide if membership is a
requirement, whereas the policy lists a series of criteria to determine if
membership fees shall be reimbursed. Since the policy is more restrictive than
the negotiated agreement, the agreement prevails.
-
The policy still applies to employees when it does not
contradict or restricts the agreement.
For example, the policy specifies that in certain
circumstances it is only the Deputy who has the authority to approve
memberships. As long as this is interpreted to mean that it is the Deputy who
will decide if membership is a requirement, it can be said the policy simply
provides an administrative procedure and does not contradict the collective
agreement. However, once it is determined membership is a requirement, the
policy cannot be interpreted to mean that the Deputy has the authority to deny
payment of the fees.
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Departments are responsible for deciding if membership in a
professional organization is a requirement.
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Requiring employees only to be eligible for membership in a
professional organization is a legitimate practice in certain circumstances.
However it should not be used as a mean to avoid the obligations set out in
the collective agreement under Article 21.
For more information on Article 21 of the AP agreement, please
call the Treasury Board negotiator, Daniel Langevin, at 952-2968 or e-mail him
at Langevin.Daniel@tbs-sct.gc.ca.
For information regarding another agreement, please call the negotiator in
charge of that agreement.
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