ARCHIVED - Correctional Services (CX) 601 - Archived

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PART 4 - OTHER TERMS AND CONDITIONS OF EMPLOYMENT

ARTICLE 36
TECHNOLOGICAL CHANGE

36.01 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 "B" on Work Force Adjustment will apply. In all other cases the following clauses will apply.

36.02 In this Article "Technological Change" means:

1. the introduction by the Employer of equipment or material of a different nature than that previously utilized;
   and
2. a change in the Employer's operation directly related to the introduction of that equipment or material.

36.03 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

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36.04 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 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.

36.05 The written notice provided for in clause 36.04 will provide the following information:

1. the nature and degree of the technological change;
2. the date or dates on which the Employer proposes to effect the technological change;
3. the location or locations involved;
4. the approximate number and type of employees likely to be affected by the technological change;
5. the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.

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36.06 As soon as reasonably practicable after notice is given under clause 36.04, the Employer shall consult meaningfully with the Union concerning the rationale for the change and the topics referred to in paragraph 36.05 on each group of employees, including training.

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36.07 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 makes 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.

If the necessary training cannot be provided during the employee's working hours and if the Employer cannot modify, in accordance with Article 21, the shift schedule or the employee's schedule to enable the employee to receive the training, then the hours of training will be compensated at the applicable overtime rate.

ARTICLE 37
NO DISCRIMINATION

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37.01 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.

37.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
2. If by reason of paragraph(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

37.03 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.

ARTICLE 38
SEXUAL HARASSMENT

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38.01 The Union 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.

38.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
2. If by reason of paragraph(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

38.03 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.

ARTICLE 39
STATEMENT OF DUTIES

39.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position's place in the organization.

ARTICLE 40
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

40.01

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1. 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 is 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.
2. The Employer's representative(s) who assess(es) 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.
3. An employee has the right to make written comments to be attached to the performance review form.

40.02

1. Prior to an employee performance review, the employee shall be given:
   1. the evaluation form which will be used for the review;
   2. any written document which provides instructions to the person conducting the review;
2. if during the employee performance review, either the form or instructions are changed they shall be given to the employee.

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40.03 Upon written request of an employee, the personnel file of that employee shall be made available for his or her examination in the presence of an authorized representative of the Employer. Upon written request the employee shall obtain a copy of his or her personnel file.

ARTICLE 41
NATIONAL JOINT COUNCIL AGREEMENTS

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41.01 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 Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in section 113(b) of the PSLRA.

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41.02 TheNJC 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 Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

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41.03

1. 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;
   • Isolated Posts and Government Housing Directive;
   • Memorandum of Understanding of Definition of Spouse;
   • NJC Integrated Relocation Directive;
   • Public Service Health Care Plan Directive;
   • Travel Directive;
   • Uniforms Directive;
   • Occupational Safety and Health
     • Boiler and Pressure Vessels Directive
     • Committees and Representatives Directive
     • Electrical Directive
     • Elevating Devices Directive
     • Elevated Work Structures Directive
     • First Aid Allowance Directive
     • First Aid Safety and Health Directive
     • Hazardous Confined Spaces Directive
     • Hazardous Substances Directive
     • Materials Handling 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
2. During the term of this Agreement, other directives may be added to the above noted list.

41.04 Grievances in regard to the above directives shall be filed in accordance with clause 20.01 of the Article on grievance procedure in this Agreement.

ARTICLE 42
RELIGIOUS OBSERVANCE

42.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

42.02 Employees may, in accordance with the provisions of this Agreement, request annual 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.

42.03 Notwithstanding clause 42.02, 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.

42.04 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.

ARTICLE 43
ALLOWANCES

Dog Handlers' Allowance

43.01

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1. When an employee is required to handle a trained dog to watch over inmates, or a detector dog, during a shift, the employee shall be paid four dollars ($4.00) for each period in which the employee handles the dog for a minimum of one (1) hour within the first four (4) hours immediately after the commencement of the shift. The same amount shall be paid under the same conditions for any succeeding period of four (4) hours.
2. Provided an employee gives the Employer at least two (2) weeks' advance notice before the commencement of the next work schedule of the employee's intention not to work with the dog, an employee shall not be required to handle a dog except as may be required in a penitentiary emergency.

Responsibility Allowance

43.02

Where, in a minimum security institution, the Director or other senior institutional personnel are not on duty on the evening shift and night shift from Monday to Friday and all shifts on weekends and statutory holidays, a Correctional Officer, at the CX-2 level, may be designated by management as the senior officer of the shift. The Senior officer of the shift shall be compensated for assuming these additional duties and responsibilities by an allowance of three dollars ($3.00) for each period of four (4) hours worked per shift.

Note: When an employee, who is in receipt of a special duty allowance or an extra duty allowance, is granted leave with pay, that employee is entitled during that period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis or for a period of two (2) or more months prior to the period of leave.

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Clothing Allowance

43.03

Those Correctional Officers I (CX-1) and Correctional Officers II (CX-2) employees who are not required to wear a uniform routinely during the course of their duties shall receive an annual clothing allowance of four hundred dollars ($400.00). This allowance will be payable March 31^st of each year. Effective April 1, 2007, the allowance is increased to six hundred dollars ($600.00).

The provision applies to those CX-1 and CX-2 employees assigned to such duties for periods of time of not less than six (6) months per fiscal year.

Any employee receiving this allowance shall not be eligible to receive points toward a uniform issue.

As well, if a correctional officer is involved in an altercation and his or her personal clothing is damaged in the performance of his or her duties, the employee's claim for compensation will be handled according to the ex-Gratia Payment Policy.

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43.04 Uniform Committee

1. The Employer and the Union shall create a national committee regarding uniforms, footwear and the utility belt. Excluded shall be security equipment.
2. The committee shall be composed of two (2) Union representatives and two (2) Employer representatives.
3. The committee shall meet twice a year for a maximum of two (2) days each time.
4. The committee's mandate shall be:
   1. to discuss correctional officers' needs regarding uniforms, footwear and the utility belt, taking into account the gender-specific needs of female correctional officers.
   2. to make any recommendations it deems appropriate to the Executive Committee of the Correctional Service of Canada (CSC).

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43.05 Instructor allowance

When an employee acts as an instructor, he shall receive an allowance equal to two dollars fifty cents ($2.50) per hour, for each hour or part of an hour.

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43.06 Allowances for employees who accept to be Emergency Response Team Members

The employee who is a member of the Emergency Response Team shall receive a premium of two dollars fifty cents ($2.50) per hour for each hour or part of an hour, as soon as he is called up as a member of the emergency team.

This premium shall likewise apply during all training periods provided to emergency team member employee.

ARTICLE 44
SHIFT PRINCIPLE

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44.01

1. 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 a.m. and 6 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.
   1. Public Service Labour Relations Board Proceedings
      Clauses 14.01, 14.02, 14.04, 14.05 and 14.06.
   2. Contract Negotiation and Preparatory Contract Negotiation Meetings
      Clauses 14.09 and 14.10.
   3. Court Leave
      Clause 30.15
   4. Personnel Selection Process
      Clause 30.17
   5. To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee's position.
   6. Training Courses which the employee is required to attend by the Employer.
2. Notwithstanding paragraph (a), proceedings described in subparagraph (vi) are not subject to the condition that there be no increase in cost to the Employer.

ARTICLE 45
MATERNITY-RELATED REASSIGNMENT OR LEAVE

45.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24^th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.

45.02 An employee's request under clause 45.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.

45.03 An employee who has made a request under clause 45.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:

1. modifies her job functions or reassigns her,
   or
2. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

45.04 Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.

45.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.

45.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

45.07 Notwithstanding 45.05, for an officer working in an institution where she is in direct and regular contact with offenders, if the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the officer in writing and shall grant leave of absence with pay to the officer for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than at the time the officer proceeds on Maternity Leave Without Pay or the termination date of the pregnancy, whichever comes first.

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45.08 An employee who returns to work at the end of her maternity leave parental leave may ask for a reduced work week ending no later than twelve (12) months after the end of the maternity leave or the parental leave without pay set out in paragraphs 30.03 and 30.06.

For the duration of this period, the employees benefits are governed by Article 35 – Part-Time Employees.

In order for an employee to have a reduced work week, the Employer, the employee and the Union must conclude an agreement in writing to this effect. The employee may terminate the agreement at any time on thirty (30) days' notice. When the agreement expires, the employee shall return to her position or to a position equivalent to the substantive position she occupied before the leave.

ARTICLE 46
MEDICAL APPOINTMENT FOR PREGNANT EMPLOYEES

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46.01 Up to four (4) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

46.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

ARTICLE 47
TRAINING CONSULTATION

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47.01 The Correctional Service of Canada (CSC) and the Union agree to discuss training needs at the institutional level. The issue of training will be a standing item for discussion at regular meetings of labour relations committees at all levels and shall address such topics as type, frequency, access and adequacy of training.

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47.02 The Correctional Service of Canada (CSC) and the Union agree to set up a National training committee composed of equal numbers of union representatives and employer representatives.

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47.03 The mandate of this committee is to discuss training and to make recommendations, as required, to the Correctional Service of Canada (CSC)'s executive committee.

ARTICLE 48
EXPEDITED ADJUDICATION

48.01 The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

1. 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.

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2. When the parties agree that a particular grievance proceeds through Expedited Adjudication, the Union will submit to the PSLRB the consent form signed by the grievor or the Union.

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3. 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 PSLRB or to the Adjudicator at the hearing.
4. No witnesses will testify.

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4. The Adjudicator is appointed by the PSLRB from among its members who have had at least three years experience as a member of the Board.

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5. Each Expedited Adjudication session takes place in Ottawa, unless the parties and the PSLRB otherwise agree. The cases are scheduled jointly by the parties and the PSLRB, and appear on the PSLRB schedule.

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6. The Adjudicator makes an oral determination at the hearing, which is recorded and initialled by the representatives of the parties. This is confirmed in a written determination to be issued by the Adjudicator within five days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a particular case.
7. The Adjudicator's determination is final and binding on all the parties, but does not constitute a precedent. The parties agree not to refer the determination to the Federal Court.

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