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PART 2 - STAFF RELATIONS MATTERS

ARTICLE 8 EMPLOYEE REPRESENTATIVES

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8.01 The Employer acknowledges the right of the Union to appoint or otherwise select employees as representatives.

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8.02 The Union 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.

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8.03 The Union and each Local Union transmits to the Employer, in writing, the names and titles of its appointed delegates, in accordance with clause 8.02.

8.04

1. 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.

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2. Where practicable, when management requests the presence of an Union representative at a meeting, such request will be communicated to the employee's supervisor.

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3. An employee shall not suffer any loss of pay when leaving his or her work under paragraph (a).

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8.05 The Union 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.

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8.06

1. On written notice given at least ten (10) days in advance to the institutional warden, an employee designated by the Union shall obtain leave without pay to participate in union activities, which are defined in Articles 8 and 14.
2. The employee who has thus received authorization shall be paid by the Employer. The Union will then reimburse the Correctional Service of Canada (CSC) by sending the latter the actual gross salary paid with regard to each person-day; in addition, the Union shall also pay to the Correctional Service of Canada (CSC) an amount equal to fifteen per cent (15%) of the actual gross salary paid for each person-day, which sum represents the Employer's contribution for the benefits the employee acquired at work.
3. The Union shall reimburse the Correctional Service of Canada (CSC) for the amount indicated on the invoice that is sent to them. The invoice statement shall include the amount of the gross salary and the number of days pertaining to each employee; this statement must also indicate the calculations of the amount equal to the fifteen per cent (15%) mentioned above.
4. The Union agrees to reimburse the Correctional Service of Canada (CSC) for the amount appearing on the invoice within ninety (90) days following the invoice date.

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8.07 An employee who is elected or appointed to union duties in the Union, the CSN or one of its affiliated organizations shall, within thirty (30) days of a written request to this end, obtain leave without pay for the duration of his or her mandate(s).

At the end of such leave without pay or at any time during such leave, the employee may, on thirty (30) days' notice, return to the position that he or she held when he or she went on leave or an equivalent post if the employee's return to the institution occurs within one year.

However, should the employee return after more than one year of leave to participate in union duties, they shall return in a equivalent post to the post worked immediately before the leave without pay situation to their former institution or another institution as agreed upon between the Correctional Service of Canada (CSC) and the employee.

ARTICLE 9
USE OF EMPLOYER FACILITIES

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9.01

1. Bulletin boards
   Reasonable space on bulletin boards, including electronic bulletin boards where available, will be made available to the Union for the posting of official Union notices. The Union shall endeavour not to post notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. The Union shall provide by hand an advance paper copy of the documents to be posted to the Warden or his or her delegate, except notices related to the business affairs of the Union, including the names of Union representatives, and social and recreational events. At the Warden's or his or her delegate's request, the Union must withdraw immediately any document the Warden or his or her delegate considers adverse to the interests of the Employer or to the interests of any of its representatives.
2. Correctional Service of Canada (CSC)'s electronic network
   The Correctional Service of Canada (CSC) shall allow the Union to use the Correctional Service of Canada (CSC)'s electronic network to distribute information to the members of the Union pursuant to sub-paragraphs 9.01(b)(i), (ii) and (iii);
   1. The Union shall endeavour to avoid requests for distributing information which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Distribution of information shall require the prior approval of the Correctional Service of Canada (CSC).
   2. Such approval shall be requested from the Warden or his or her delegate at the local level, from the Regional Deputy Commissioner or his or her delegate at the regional level and from the Director General of Labour Relations or his or her delegate at the national level; it shall not be unreasonably withheld.
   3. The Correctional Service of Canada (CSC) will transmit the approved information via its electronic network within two working days (not counting Saturdays, Sundays and Designated Paid Holidays). The person responsible for the approval will ensure the distribution of the information.
3. The Correctional Service of Canada (CSC) ensures a hyperlink to the Union's website from its intranet (infonet).

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9.02

1. In Institutions where the local union has been provided with an office for its exclusive use, the Correctional Service of Canada (CSC) commits, for the duration of this agreement, to continue providing an office for the exclusive use of the local union as long as the institution remains open.
2. As for institutions where there is no office for the exclusive use of the local union or where there is simply no office for the local union, the management of the institution and the representatives of the local union will meet to try to find, if possible, a location within the institution that could be used as an office for the local union. The Warden or his or her delegate will make all reasonable efforts to ensure an office is made available to the local union in the institution.
3. The management of the institution will provide, at no cost to the union, for each office made available to the local union, a desk, chairs, a phone and a phone line. Where the Union chooses to proceed with the installation of a direct line it will be responsible for all installation and user costs. In all instances, long distance costs are at the expense of the Union.

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9.03

1. Any representative from outside the local (elected officer or union staff representative) can have access to an institution of the Correctional Service of Canada (CSC) for the purpose of resolving a complaint or a grievance, attending a meeting with management, meeting with a member of the local union or attending a general assembly of the local union, providing a notice indicating who's coming into the institution, for which purpose and when the meeting will be taking place is given to the Warden or his or her delegate, one (1) day in advance if possible.
2. Notwithstanding paragraph 9.03(a) the Warden or his or her delegate retains the right to deny access at any time or restrict access to areas of the institution to protect the security of the institution or the safety of persons. Permission to enter the institution will not be unreasonably withheld.

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9.04 The Union shall provide the Correctional Service of Canada (CSC) a list of such Union representatives and shall advise promptly of any change made to the list.

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9.05

1. The Union can hold general meetings of the local on the premises of institutions. The location, date and duration of such meetings shall be agreed upon with the Warden or his or her delegate, if possible seven (7) days before said meeting is held.
2. The present clause does not grant employees on duty the right to leave their assigned posts to attend such a meeting nor does it allow employees from other institutions than where the meeting is held, suspended employees or employees who cannot enter the institutions for medical reasons to enter the institution when such a meeting is held.
3. Once the Union has the right to strike, it cannot hold meetings in the institution or on the institutional reserve.

ARTICLE 10
CHECK-OFF

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10.01 Subject to the provisions of this article, the Employer will, as a condition of employment, deduct the amount of union dues set by the Union from the pay of each employee in the bargaining unit. Where an employee does not have sufficient earnings in respect of any pay period to permit deductions made under this article, the Employer shall not be obligated to make such deduction from subsequent salary.

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10.02 The Union shall inform the Employer in writing of the amount of union dues to be collected for each employee as well as any subsequent changes. The Employer will implement subsequent changes within ninety (90) days of receiving notice of such change.

10.03 For the purpose of applying clause 10.01, deductions from pay for each employee will start with the first (1^st) full calendar month of employment to the extent that earnings are available.

10.04 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.

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10.05 No employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Union, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

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10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the National President of the Union by cheque within a reasonable period of time after deductions are made. Each monthly remittance shall be accompanied by a list on paper and in computer-file format indicating the following information:

1. Employee's name;
2. Name or code of the institution;
3. Employee's classification (CX-1 or CX-2);
4. Gross earning for the pay period;
5. Union dues deducted;
6. Cumulative amount of union dues;
   and, by a list on paper only indicating:
7. Date of termination of employment or reason for lack of check-off;
8. Date of transfer to another bargaining unit.

10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

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The Union 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.

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10.09 In each income tax year, the Employer agrees to provide each employee with the total amount of union dues deducted on statements of income for income tax purposes in conformity with the Income Tax Act.

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10.10

1. When an employee accepts a position outside the bargaining unit, for a period of more than seven (7) consecutive days, the employer shall, in the next thirty (30) days stop checking off union dues. If the employer is unable to cease checking off union dues for the above-mentioned time period, the Union is to be notified. Afterwards, the Union shall receive from the Employer, information relative to the refunding of the union dues that have been overpaid on a form agreed upon by both parties. The refund of the overpaid union dues is to be carried out according to the method agreed upon by both parties.
2. Once an employee returns to the bargaining unit, the Employer shall check off union dues within thirty (30) days of the employee's return. If the checking off of dues does not take place in the above-mentioned time period, the Union is to be notified. Afterwards, the Employer shall ensure that the Union receives the union dues that it is owed. Furthermore, the union dues arrears for this employee shall be recovered by the Employer in a way agreed upon by both parties.

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10.11 By the fifth (5^th) working day of each month, the Warden will provide the local union with the following information in writing:

1. the name of each employee who, during the previous month, obtained an acting assignment within the institution for more than seven (7) consecutive days along with the title and the number of the position obtained;
2. the name of each employee whose acting assignment within the institution has been extended during the previous month, along with the title and the number of the position;
3. the name of any employee who, during the previous month, returned to their position following the end of an acting assignment of more than seven (7) consecutive days.

ARTICLE 11
INFORMATION

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11.01 The Employer agrees to supply the Union each month with the name, geographic location and classification of each new employee.

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11.02 The Employer agrees to supply each employee with a copy of the collective agreement in booklet format and makes an effort to do so within one (1) month after receipt from the printer.

ARTICLE 12
EMPLOYEES ON PREMISES OF OTHER EMPLOYERS

12.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of a provincial, municipal, commercial or industrial 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.

ARTICLE 13
RESTRICTION ON OUTSIDE EMPLOYMENT

13.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

ARTICLE 14
LEAVE WITH OR WITHOUT PAY FOR UNION BUSINESS

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Complaints made to the Public Service Labour Relations Board Pursuant to Section 190(1) of the Public Service Labour Relations Act

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14.01 As long as the employee requests it in writing at least ten (10) calendar days in advance, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190(1) of the Public Service Labour Relations Act alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2), 187, 188(a) or 189(1), of the Public Service Labour Relations Act, the Employer will grant leave with pay:

1. to an employee who makes a complaint on his or her own behalf, before the Public Service Labour Relations Board,
   and
2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Union 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:

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1. to an employee who represents the Union in an application for certification or in an intervention,
   and
2. to an employee who makes personal representations with respect to a certification.

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14.03 The Employer will grant leave with pay:

1. to an employee called as a witness by the Public Service Labour Relations Board,
   and
2. when operational requirements permit, to an employee called as a witness by an employee or the Union.

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Arbitration Board Hearings, Public Interest Commission Hearings and Alternate Dispute Resolution Process

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14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Union before an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process.

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14.05 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Union.

Adjudication

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14.06 As long as the employee requests it in writing at least ten (10) calendar days in advance, the Employer will grant leave with pay to an employee:

1. who is a party to the adjudication,
2. who is identified in writing as the representative of an employee who is a party to an adjudication,
   and
3. who is a witness called by an employee who is a party to an adjudication. However, in cases where more than one employee are called as witnesses, the Employer will grant leave with pay in accordance with the scheduled appearance of witnesses agreed to by the parties.

Meetings During the Grievance Process

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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 Union 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

1. 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,
   and

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2. subject to operational requirements, 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,

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3. subject to operational requirements, 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

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14.09 The Employer shall grant a leave without pay to employees who attend contract bargaining sessions on the Union's behalf.

Preparatory Contract Negotiation Meetings

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14.10 Provided that a written request is made at least ten (10) days in advance, the Employer will grant leave without pay to twenty (20) employees to attend preparatory meetings for the negotiation of the collective agreement.

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Meetings Between the Union and Management Not Otherwise Specified in this Article

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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 Union.

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Participation in Union meetings

14.12

1. Provided that a written request is made, at least thirty (30) days in advance, the Employer grants leave without pay to thirty (30) employees chosen by the Union so they can attend the CSN convention, as well as to thirty (30) employees to attend the convention of the federation to which the Union is affiliated, and if necessary, to two (2) employees per local to participate in the central council's convention.
2. Provided that a written request is made, at least ten (10) days in advance, the Employer shall grant leave without pay to members of the regional executive committee to attend regional executive committee meetings.
   These meetings are usually held once a month.
   When a Regional Executive meeting is held, a member of the Regional Executive informs the Regional Deputy Commissioner normally ten (10) days in advance of the date on which the Regional Executive meeting is held and of the names of its participants.
3. Provided that a written request is made, at least ten (10) days in advance, the Employer shall grant leave without pay to members of the executive committee of the local to attend local executive committee meetings.
   These meetings are usually held once a month.
   When a Local Executive meeting is held, a member of the Local Executive informs the Warden of the institution at least ten (10) days in advance of the date on which the Local Executive meeting is held and of the names of its participants.
4. Provided that a written request is made, at least thirty (30) days in advance, the Employer grants leave without pay to employees chosen by the Union, so they can attend the Union's national general assembly.
5. Provided that a written request is made to the institutional Warden, at least ten (10) days in advance, the Employer grants leave without pay to a Union Officer who participates in a union activity other than the afore-mentioned activities. For example, these activities are: meetings with the Union Advisor and participation in various union committees such as the status of women, health and safety and grievance committees. This leave is granted unless there is an exceptional situation. For example: during an escape or an escape attempt, a riot, hostage taking, a major disturbance or crisis situation. Furthermore, if the leave request has not been made at least ten (10) days in advance, this request may be refused if it creates overtime costs.

It is furthermore agreed that this paragraph shall not be used as a pressure tactic against the Employer.

Representatives' Training Courses

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14.13 As long as the employee requests it in writing at least ten (10) calendar days in advance, the Employer will grant leave without pay to a reasonable number of employees chosen by the Union to attend Union training sessions.

ARTICLE 15
ILLEGAL STRIKES

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15.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment pursuant to paragraph 12(1)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Public Service Labour Relations Act.

ARTICLE 16
JOB SECURITY

16.01 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.

ARTICLE 17
DISCIPLINE

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17.01 When an employee is suspended from duty or terminated in accordance with paragraph 12(1)(c), (d) or (e) 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.

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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 Union attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days notice of such a meeting.

17.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative enquiry, hearing or investigation being conducted, he or she may be accompanied by an employee representative. The unavailability of the representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notificationto the employee.

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17.04 The Employer shall notify the local representative of the Union as soon as possible that such suspension, termination or financial penalty has occurred. Where a verbal or written reprimand has occurred, the Employer shall notify the local representative of the Union at the request of the employee.

17.05 When notification in writing is given to an employee that he or she is the subject of a disciplinary investigation, the employee shall be provided concurrently with a copy of the order convening the investigation.

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17.06 Upon request, the Employer or the employee shall be provided the opportunity to tape record the interview.

17.07 Subject to the Access to Information and Privacy Act, the Employer shall provide the employee access to the information used during the disciplinary investigation.

17.08 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.

17.09 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 18
HEALTH AND SAFETY

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

ARTICLE 19
JOINT CONSULTATION

19.01 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.

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19.02 Within five (5) days of notification of consultation served by either party, the Union shall notify the Employer in writing of the representatives authorized to act on behalf of the Union for consultation purposes.

19.03 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.

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19.04 Without prejudice to the position the Employer or the Union 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.

ARTICLE 20
GRIEVANCE PROCEDURE

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20.01 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 15 of the NJC By-Laws.

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20.02 Subject to and as provided in Section 208 of the Public Service Labour 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 20.05 except that:

1. 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
2. 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 Union.

20.03 Except as otherwise provided in this Agreement, a grievance shall be processed by recourse to the following levels:

1. level 1 - first (1^st) level of management;
2. level 2 - intermediate level;
3. final level - Deputy Head or Deputy Head's authorized representative.

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20.04 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 Union.

20.05 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:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
   and
2. provide the employee with a receipt stating the date on which the grievance was received by him or her.

20.06 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.

20.07 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.

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20.08 An employee may be assisted and/or represented by the Union when presenting a grievance at any level.

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20.09 The Union 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.

20.10 An employee may present a grievance to the First (1^st) Level of the procedure in the manner prescribed in clause 20.05 not later than the twenty-fifth (25^th) 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.

20.11 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.

20.12 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.

20.13 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.

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20.14 Where an employee has been represented by the Union in the presentation of his or her grievance, the Employer will provide the appropriate representative of the Union 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.

20.15 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.

20.16 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.

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20.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union representative.

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20.18 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 Union.

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20.19 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of theFinancial Administration Act, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be presented at the final level only.

20.20 An employee may abandon a grievance by written notice to his or her immediate supervisor or officer-in-charge.

20.21 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.

20.22 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.

20.23 Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with respect to:

1. the interpretation or application in respect of him or her of a provision of this Agreement or a related arbitral award,
   or
2. disciplinary action resulting in suspension or a financial penalty,
   or

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3. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,

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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 Labour Relations Act and Regulations.

20.24 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 Bargaining Agent signifies in the prescribed manner:

1. its approval of the reference of the grievance to adjudication,
   and
2. its willingness to represent the employee in the adjudication proceedings.

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Power of the Adjudicator

20.25 As specified in paragraph 226(1)(i) of the Public Service Labour Relations Act, the adjudicator may, in relation to any matter referred to adjudication, award interest in the case of grievances involving termination, demotion, suspension or financial penalty, at a rate and for a period that the adjudicator considers appropriate.

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