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Appendix "E"
Leave for Shift Workers
E.01 It is recognized that certain full-time indeterminate employees whose hours of work are regularly scheduled on a shift basis in accordance with clause 28.03 of this Agreement and who receive Shift Premiums (clause 33.01) in accordance with Article 33, hereinafter referred to as a shift work employee, are required to attend certain proceedings, under this collective agreement as identified in clause E.01(a) and certain other proceedings identified in clause E.01(b) which normally take place between the hours of 9 a.m. to 5 p.m. from Mondays to Fridays inclusive.
When a shift work employee who is scheduled to work on the day of that proceeding and when the proceeding is not scheduled during the employee's scheduled shift for that day and when the majority of the hours of his scheduled shift on that day do not fall between the hours of 9 a.m. to 5 p.m., upon written application by the employee, the Employer shall endeavour, where possible, to change the shift work employee's shift on the day of the proceeding so that the majority of the hours fall between 9 a.m. to 5 p.m. provided that operational requirements are met, there is no increase in cost to the Employer and sufficient advance notice is given by the employee.
(a) Certain Proceedings Under This Agreement
(ii) Personnel Selection Leave clause 21.15
(iii) Contract Negotiation and Preparatory Contract Negotiation Meetings clauses 14.10 and 14.11.
(b) Certain Other Proceedings
(ii) To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee's position.
**Appendix "F"
Memorandum of Agreement Respecting Sessional Leave for Certain Employees of the Translation Bureau
This memorandum is to give effect to the agreement reached between the Employer and the Association respecting sessional leave for certain employees of the Translation Bureau.
This memorandum of agreement shall apply to employees who are assigned in the operational sections serving Parliament (Parliamentary Committees, Parliamentary Debates, Parliamentary Documents and Parliamentary Interpretation Services) and who share the same working conditions as members of the Translation bargaining unit who are eligible to Parliamentary Leave.
Notwithstanding the provisions of this Agreement, the following is agreed:
F1. Sessional Leave
(a) In addition to their vacation leave with pay, employees assigned to operational translation and interpretation sections serving Parliament shall receive special compensation in the form of sessional leave.
(b) The maximum number of days of sessional leave is forty (40) per fiscal year.
(c) An employee is entitled to a number of days of sessional leave equal to the maximum number of days multiplied by a fraction in which the numerator corresponds to the number of the employee's sessional work days during the fiscal year and the denominator corresponds to the number of days that the House of Commons was in session during that fiscal year.
(d) The granting of sessional leave is subject to operational requirements and such leave must normally be taken during periods of low demand in the fiscal year for which it is granted. If operational requirements do not permit the Employer to grant sessional leave during the fiscal year, such leave must be granted before the end of the following fiscal year.
(e) If an employee is granted sessional leave in advance and, at the end of the fiscal year, has been granted more leave of this type than earned, the maximum number of days referred to in paragraph (b) shall be reduced accordingly.
F2. Exclusions
The provisions of articles 20, 28, 30, 32 and 33 of this Agreement, except for clauses 20.01 to 20.04, do not apply to employees who receive sessional leave in accordance with this Memorandum.
**Appendix "G"
Memorandum of Understanding
between the
Treasury Board
(Hereinafter Called the Employer)
and
The Canadian Association of Professional Employees
of the Public Service of Canada
(Hereinafter Called the Association)
in Respect of
Policy Grievances
G.1 The Employer and the Association may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally.
G.2 Neither the Employer nor the Association may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act.
G.3 Despite subsection (2), neither the Employer nor the Association may present a policy grievance in respect of the right to equal pay for work of equal value.
G.4 The Association may not present a policy grievance relating to any action taken under any instruction, direction or regulation 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.
G.5 For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation 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.
G.6 There shall be no more than one (1) level in the grievance procedure.
G.7 The Employer and the Association shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.
G.8 The Employer and the Association may present a grievance in the manner prescribed in clause G1, no later than the twenty-fifth (25th) day after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.
G.9 The Employer and the Association shall normally reply to the grievance within sixty (60) days when the grievance is presented.
G.10 The Employer or the Association, as the case may be, may by written notice to the officer-in-charge withdraw a grievance.
G.11 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Employer or the Association to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.
Reference to Adjudication
G.12 A party that presents a policy grievance may refer it to adjudication.
G.13 When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
G.14 The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).
