ARCHIVED - Correctional Services (CX) 601 - Archived

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PART 1 - GENERAL

ARTICLE 1
PURPOSE AND SCOPE OF AGREEMENT

**1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Union and the employees and to set forth herein certain terms and conditions of employment for all employees described in the certificates issued by the Public Service Labour Relations Board on March 13, 2001 covering employees in the Correctional Group.

**
1.02 The purpose of this collective agreement is to establish, within the framework provided by law, orderly and efficient labour relations between the Employer, the Union and employees and to define working conditions aimed at promoting the safety and well-being of employees.

Moreover, the parties to this agreement also share the goal that the people of Canada will be well and efficiently served.

ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01 For the purpose of this Agreement:

**

"Union

" means the Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada – CSN (UCCO-SACC-CSN) (agent négociateur et Syndicat);

"allowance

" means compensation payable for the performance of special or additional duties (indemnité);

**

"bargaining unit

" means the employees of the Employer in the Correctional Group, Operational Category, whose duties do not include the supervision of other employees in that occupational group, as described in the certificate issued by the Public Service Labour Relations Board on March 13, 2001 (unité de négociation);

"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 an employee's weekly rate of pay divided by five (5) (taux de rémunération journalier);

"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);

**

"employee

" means a person so defined in the Public Service Labour Relations Act, and who is a member of one of the bargaining units specified in Article 7 (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

" means (jour férié):

1. the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in this Agreement;
2. 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:
   1. on the day it commenced where half (1/2) or more of the hours worked fall on that day,
      or
   2. 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 forty (40) (taux de rémunération)

"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 Union as the dues payable by its members as a consequence of their membership in the Union, and shall not include any initiation fee, insurance premium, or special levy (cotisations syndicales);

**

a "Common-Law Partner"

, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one (1) year («Conjoint de fait»);

**

"Spouse"

means the person married to the employee. Will, when required, be interpreted to include common-law partner except, for the purpose 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);

"overtime

" means (heures supplémentaires):

1. in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work;
   or
2. in the case of a part-time employee, authorized work in excess of the normal daily or weekly hours of work of a full-time employee specified by this collective agreement but does not include time worked on a holiday;

"time and one-half

" means one and one-half (1 1/2) times the employee's hourly rate of pay (tarif et demi);

"double time

" means two (2) times the employee's hourly rate of pay (tarif double);

"weekly rate of pay

" means an employee's annual rate of pay divided by fifty-two point one seventy- six (52.176) (taux de rémunération hebdomadaire).

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:

**

1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
   and

**

2. if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

ARTICLE 3
APPLICATION

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3.01 The provisions of this agreement apply to the Union, employees and the Employer.

3.02 Both the English and French texts of this agreement shall be official.

ARTICLE 4
STATE SECURITY

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.

ARTICLE 5
PRECEDENCE OF LEGISLATION
AND THE COLLECTIVE AGREEMENT

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.

ARTICLE 6
MANAGERIAL RESPONSIBILITIES

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.

ARTICLE 7
RECOGNITION

**
7.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Labour Relations Board on the thirteenth (13^th) day of March 2001, covering employees of the Correctional Group whose duties do not include the supervision of other employees.

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