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APPENDIX "C"

OVERTIME MEAL ALLOWANCE

In view of the unique requirements found in the Correctional Service of Canada, and for the duration of the Correctional Services Group Collective Agreement, the Employer agrees to the following interpretation and application of the Overtime Meal Allowance.

  1. The Overtime Meal Allowance will not be paid when an employee is provided with a meal(s) at departmental expense.
  2. The "free meal" to be provided in lieu of the Overtime Meal Allowance means a regular full course meal as prepared in the institution where the employee is employed.
  3. A snack or sandwiches will not be considered by the Employer as a full course meal.
  4. Notwithstanding the provisions of clause 21.15, when there is a reasonable expectation that an employee will work the full eight (8) hours' overtime shift, the first (1st) meal break will be allowed prior to the working of the first three (3) hours of overtime, and the second (2nd) meal break will be allowed after approximately four (4) hours of overtime have been worked.
  5. Where an employee is scheduled to work overtime on a day of rest or on a designated paid holiday, the provisions of clause 21.15, and this appendix, shall be applicable to the employee only with respect to such additional overtime hours which the employee may work in excess of the employee's prior scheduled hours of overtime on that day without prior notification.
  6. In the event that the Employer is unable to grant an employee reasonable time off with pay for the purpose of taking an overtime meal break, in lieu thereof the employee shall receive an additional one-half (1/2) hour of overtime compensation at the same overtime rate of the shift completed.

APPENDIX "D"

INMATE ESCORTS

**
For the duration of the Correctional Services Group Collective Agreement, the Employer agrees to the following:

  1. To the extent practicable, the Employer will endeavour to avoid assigning Correctional Officers on inmate escorts on other than their regular working days.
  2. When an officer is required to escort an inmate outside of the Headquarters area the employee will be compensated as follows:
    1. the total period during which the officer is escorting the inmate or has the inmate under visual surveillance will be considered as time worked and the officer will be compensated at the applicable straight time and/or overtime rate;
    2. an officer who is required to escort inmates at a time which is outside the officer's normal regular scheduled hours of work will be compensated at the applicable overtime rates;
    3. an officer who escorts an inmate for a period of less than eight (8) hours will receive his or her regular pay for the day, that is eight (8) hours. However, on these occasions, where practicable, an officer may be required to perform other correctional officer duties for the balance of the eight (8) hour period;
    4. on a statutory holiday or on a day of rest the employee will be compensated at the applicable overtime rate for the actual hours worked but in any event, no less than the equivalent of eight (8) hours at the straight-time rate;
    5. all hours included between the time of reporting to the institution until the time of return shall be considered as hours worked when these hours are consecutive without interruption by overnight stopover for a suitable rest period;
    6. when an officer's journey is interrupted by an overnight stopover the officer will be paid up to the time of the officer's arrival at his or her destination including normal travelling time to register at a hotel and will be paid for normal travelling time from the hotel to the officers point of departure. Thus, all hours between the normal time of registration at the hotel until the time of departure from the hotel will not be considered as hours worked;
    **
    1. on an inbound or outbound journey, without an inmate, the correctional officer will be compensated for his regular hours of work as if he or she had been working and the remaining time in travel to be compensated at the applicable overtime rate to a maximum of eight (8) hours;
    2. on the return journey after a stopover and when escorting an inmate, the officer will be compensated as in paragraph (a) above;
    3. when a Correctional Officer, who has been performing escort duty outside the officer's Headquarters area, does not have a reasonable rest period between the completion of the officer's escort duty and the start of his or her next scheduled shift, the officer will not be required to perform his or her duties for that day, however, the officer will receive a day's pay and the eight (8) hours will be deducted from the compensation earned during the period of escort.
  3. When an officer is required to escort an inmate outside of the officer's Headquarters area the officers will be subject to the following travelling conditions:
    1. an officer will be reimbursed for reasonable expenses incurred as normally defined by the Employer;
    2. an officer who is required to escort an inmate on a journey involving at least nine (9) hours will be given an overnight stopover whenever it is expected that the journey will exceed twelve (12) hours from the time of departure from the institution to the time of return to the institution;
    3. whenever it is expected that an officer may be required to drive more than eighty (80) kilometers (fifty (50) miles) in any day beyond the number of kilometers normally defined by the Employer the officer will be given an overnight stopover.

**

  1. When a correctional officer is responsible for escorting an inmate, the Correctional Service of Canada (CSC) shall give the officer, before the start of the escort duty, the amount of money needed to cover his authorized expenses as well as those of the inmate.

**APPENDIX "E"

MEMORANDUM OF UNDERSTANDING BETWEEN THE TREASURY BOARD AND THE UNION OF CANADIAN CORRECTIONAL OFFICERS - SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA – CSN (UCCO-SACC-CSN) REGARDING THE EXCLUSION OF CX-3 AND CX-4 LEVEL POSITIONS

The Employer and the Union of Canadian Correctional Officers - Syndicat des agents correctionnels du Canada - CSN (UCCO-SACC-CSN) agree to the following:

For the duration of this collective agreement, there shall be an exclusion of all positions classified either CX-3 or CX-4 in the bargaining unit described as being composed of "all of the Employer's employees in the Correctional Services group, as defined in Part 1 of the Canada Gazette for March 27, 1999."


**APPENDIX "F"

CONTRIBUTIONS TO FONDACTION

Definition

FONDACTION means the Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l'emploi, a company created in Quebec by the filing of articles on June 22, 1995, in conformity with An Act to establish Fondaction le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l'emploi (L.Q. C-48).

  1. The employer agrees to give employees the opportunity to contribute to Fondaction through payroll deductions. The employee may claim the immediate allowable tax reduction at source.
  2. All deductions made in conformity with paragraph 1 of this Appendix, will be subject to the modalities agreed to by the Employer in conformity with the Loi constituant le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l'emploi (L.Q. C-48).

APPENDIX "G"

REMOVAL FROM DUTIES PENDING THE OUTCOME OF DISCIPLINARY INVESTIGATIONS IN REGARDS TO INCIDENTS INVOLVING OFFENDERS

**

  1. When an employee is to be removed from his regular duties due to an incident involving an offender, the employee may be assigned other duties with pay or removed from his normal work site with pay pending the outcome of the disciplinary investigation provided he fully co-operate with the conduct of the investigation by attending interviews and hearings without undue delay. A refusal to attend interviews and hearings without undue delay shall result in the interruption of remuneration as long as the investigation has not been completed.

**

  1. The parties agree that the Managers Guide to Staff Discipline will provide direction regarding the reassignment of an employee to other duties or the removal from the employee's normal work site. The parties agree to engage in meaningful consultation in the event changes to the Managers Guide to Staff Discipline are being considered.

**APPENDIX "H"

TREASURY BOARD SECRETARIAT BULLETIN

Treasury Board Secretariat bulletin titled "Marriage Leave and Same-Sex Couples" dated August 12, 2003 will be in force for the duration of the present collective agreement unless the parties decide otherwise.


**APPENDIX "I"

LIST OF INSTITUTIONS THAT DO NOT HAVE A UNION OFFICE OR THAT SHARE A UNION OFFICE

  • Prairies Region
  • Grierson Centre
  • Edmonton Institution for Women
  • Willow Cree
  • OOHL

**APPENDIX "J"

Mr. Sylvain Martel
National President UCCO-SACC-CSN
1601 de Lorimier Avenue
Montreal, Quebec
H2K 4M5

SUBJECT: Correctional Services Group

Sir,

The present letter is pursuant to the discussions held between the parties regarding the application of article 17.07 of the collective agreement for the Correctional Services group. For reference purposes, the text of this provision is reproduced below:

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

It is agreed that this provision is designed to provide the employee who was subject to a disciplinary investigation, access to the information and/or document(s) that have been used in the course of said investigation in accordance with the Access to Information Act and the Privacy Act, without the employee having to make an application for said information under the Access to Information Act. The access provided in paragraph 17.07 should be provided promptly within the framework of the disciplinary hearing.

The present letter of agreement shall expire on May 31st, 2010.

Yours Truly,
Marc Thibodeau, CIRP
Negotiator
Labour Relations Branch
Treasury Board of Canada Secretariat

Recieved and approved by
Sylvain Martel
National President UCCO-SACC-CSN


**APPENDIX "K"

LETTER OF UNDERSTANDING
BETWEEN THE
TREASURY BOARD
AND THE
UNION OF CANADIAN CORRECTIONAL OFFICERS –
SYNDICAT DES AGENTS CORRECTIONNELS DU CANADA – CSN
(UCCO-SACC-CSN)
WITH RESPECT TO THE
EFFECTIVE SCHEDULING
FOR
THE CORRECTIONAL SERVICE OF CANADA (CSC)

PRINCIPLES OF EFFECTIVE SCHEDULING

There are three basic principles of effectively scheduling to meet the business need of the Correctional Service of Canada (CSC).

  1. Economic: Ensuring that the schedules are developed in a cost effective manner within existing funded resources.
  2. Operational: Ensuring that the schedules are deploying the resources to all of the identified security activities.
  3. Contractual: Ensuring that the schedules meet all of the clauses within the Collective Agreement.

RULES FOR EFFECTIVE SCHEDULING

The following rules have been established to maintain sustainable solutions for all stakeholders and to ensure effective scheduling that will address the business need of the organization and the quality of life for employees working in a correctional environment.

(A) EIGHT DECIMAL FIVE (8.5) HOUR SCHEDULES (ARTICLE 21.02)

Ensure schedules deploy employees to the correct hours of work in accordance with the Collective Agreement.

Build schedules to reflect the operational need of the institution. The currentbusiness need is eight (8), sixteen (16) and twenty-four (24) hour security activity coverage and schedules shall be developed based on the identified business need.

Deploy employees to the identified business need. For eight decimal five (8.5) hour schedules there shall only be eight decimal five (8.5) hour shifts for eight (8) hour correctional activities.

To maximize substitute relief positions there shall not be any overlap in the schedules. There shall be an equitable distribution of substitute relief positions for each day of the week i.e. eight decimal five (8.5) hour substitute relief positions for eight (8) hour correctional activities.

The process to determine how employees are assigned to an eight decimal five (8.5) hour schedule is determined by mutual agreement at the local Labour Management Committee level. In cases where mutual agreement cannot be reached on a priority rating system, the institution shall assign among all the employees who have expressed interest and meet the requirements of the position, the employee with the most years of service at the level of the post in question.

(B) MODIFIED HOUR SCHEDULES (ARTICLE 34)

Ensure schedules deploy employees to the correct hours of work in accordance with the Collective Agreement.

Build schedules to reflect the operational need of the institution. The current business need is eight (8) hour, sixteen (16) and twenty-four (24) hour correctional activity coverage and schedules shall be developed based on the identified business need.

Deploy employees to the identified business need i.e. for twelve decimal seven five (12.75) hour schedules the majority of shifts shall be twelve decimal seven five (12.75) hour shifts for twelve (12) hour correctional activities.

To maximize substitute relief positions there shall not be any overlap in the schedules. There shall be an equitable distribution of substitute relief positions for each day of the week i.e. twelve decimal seven five (12.75) hour substitute relief positions for twelve (12) hour correctional activities.

Employees working a modified schedule that contains twelve (12) or more hours shall not be scheduled more than four (4) consecutive shifts in a row.

Employees working a modified hour schedule that contains a sixteen (16) hour shift shall normally be scheduled to only one sixteen (16) hour shift in a shift cycle.

The process to determine how employees are assigned to a modified hour schedule is determined by mutual agreement at the local Labour Management Committee level. In cases where mutual agreement cannot be reached on a priority rating system, the institution shall assign among all the employees who have expressed interest and meet the requirements of the position, the employee with the most years of service at the level of the post in question.

PROCESS FOR APPROVING SCHEDULE AND SCHEDULE CHANGES

Prior to any schedules being approved for implementation at any institution, they shall be reviewed and certified by the national committee identified for the purpose of overseeing the schedules. The national committee will confirm that the above principles have been adhered to and reflected in the schedules. If the schedules do not reflect the principles then the schedule submitted shall not be certified for implementation and referred back to the local for further changes/amendments.

Once a schedule has been approved and implemented, it shall only be altered by the mutual consent of the local Union and management and after the subsequent review and certification by the national committee. However, in cases where a change in the security level of the institution or organizational change (e.g. number of approved posts, hours of operations for posts, classification or type of posts for deployment purposes), the schedule shall be re-submitted to the national committee to review the compliance with the above principles. The national committee shall on an annual basis, review schedules in effect in an institution to ensure continued compliance with the above principles.

COMMITTEE COMPOSITION

National Committee:

  • two (2) employer representatives
  • two (2) union representatives.

Institutional Committees- a minimum of:

  • one (1) employer representative
  • one (1) union representative.

**APPENDIX "L"

MEMORANDUM OF UNDERSTANDING

GENERAL

  1. This Memorandum of Understanding cancels and replaces the Memorandum of Understanding entered into between the Treasury Board and the Public Service of Alliance of Canada on June 9, 1978.
  2. This Memorandum of Understanding shall remain in effect until amended or cancelled by mutual consent of the parties.
  3. This Memorandum of Understanding supersedes the Regulations respecting Pay on Reclassification or Conversion where the Regulations are inconsistent with the Memorandum of Understanding.
  4. Where the provisions of any collective agreement differ from those set out in the Memorandum of Understanding, the conditions set out in the Memorandum of Understanding shall prevail.
  5. This Memorandum of Understanding will form part of all collective agreements to which the Public Service Alliance of Canada and Treasury Board are parties, with effect from December 13, 1981.

PART I

Part I of this Memorandum of Understanding shall apply to the incumbents of positions which will be reclassified to a group and/or level having a lower attainable maximum rate of pay after the date this Memorandum of Understanding becomes effective.

NOTE: The term "attainable maximum rate of pay" means the rate attainable for fully satisfactory performance in the case of levels covered by a performance pay plan or the maximum salary rate in the case of all other groups and levels.

  1. Prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing.
  2. Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection Status and subject to Section 3(b) below shall apply until the position is vacated or the attainable maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level. Determination of the attainable maxima rates of pay shall be in accordance with the Retroactive Remuneration Regulations.
    1. The Employer will make a reasonable effort to transfer the incumbent to a position having a level equivalent to that of the former group and/or level of the position.
    2. In the event that an incumbent declines an offer of transfer to a position as in (a) above in the same geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for the reclassified position.
  3. Employees subject to Section 3, will be considered to have transferred (as defined in the Public Service Terms and Conditions of Employment Regulations) for the purpose of determining increment dates and rates of pay.

PART II

Part II of the Memorandum of Understanding shall apply to incumbents of positions who are in holding rates of pay on the date this Memorandum of Understanding becomes effective.

  1. An employee whose position has been downgraded prior to the implementation of this memorandum and is being paid at a holding rate of pay on the effective date of an economic increase and continues to be paid at that rate on the date immediately prior to the effective date of a further economic increase, shall receive a lump sum payment equal to 100% of the economic increase for the employee's former group and level (or where a performance pay plan applied to the incumbent, the adjustment to the attainable maximum rate of pay) calculated on his annual rate of pay.
  2. An employee who is paid at a holding rate on the effective date of an economic increase, but who is removed from that holding rate prior to the effective date of a further economic increase by an amount less than he would have received by the application of paragraph 1 of Part II, shall receive a lump sum payment equal to the difference between the amount equal to the difference between the amount calculated by the application of paragraph 1 of Part II and any increase in pay resulting from his removal from the holding rate.

SIGNED AT OTTAWA, this 9th day of the month of February 1982.