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Part I - General

Article 1
Preamble

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Association and the employees and to set forth herein certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting all employees covered by this Agreement.

1.02 The Employer recognises the Association as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff Relations Board on June 3, 1999, covering employees of the Financial Management Group (FI).

1.03 The parties to this Agreement share a desire to improve the quality of financial management within the Public Service of Canada, to promote prudence and probity in the management of public funds, to maintain and enhance professional standards, and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well served.

1.04 The parties acknowledge the mutual benefits to be derived from joint consultation on matters of professional development and community interests.

1.05 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 2
Interpretation and Definitions

2.01 For the purpose of this Agreement:

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

"Association" means the Association of Canadian Financial Officers (Association),

"bargaining unit" means the employees of the Employer in the Financial Management Group as described in the certificate issued by the Public Service Labour Relations Board on the 3rd day of June 1999 (unité de négociation),

"common-law partner" means a person living in a conjugal relationship with an employee for a continuous period of at least one year (conjoint de fait),

"compensatory leave" means leave with pay in lieu of cash payment for overtime, work performed on a designated paid holiday, travelling time compensated at overtime rates, travel status leave, and call-back; the duration of such leave will be equal to the overtime worked multiplied by the applicable overtime rate; the rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken (congé compensateur),

"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 the employee's 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 the Financial Management bargaining unit (fonctionnaire),

"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),

**

"headquarters area" has the same meaning as given to the expression in the National Joint Council Travel Directive (région du lieu d'affectation),

"holiday" means the twenty-four (24)-hour period commencing at 00:00 hours of a day designated as a paid holiday in this Agreement (jour férié),

"hourly rate of pay" means a full-time employee's weekly rate of pay divided by the normal number of hours in the employee's work week (taux de rémunération horaire),

"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 the employee's regular or normal hours of work (congé),

"membership dues" means the dues established pursuant to the constitution of the Association as the dues payable by its members as a consequence of their membership in the Association, and shall not include any initiation fee, insurance premium, or special levy (cotisations syndicales),

"overtime" (heures supplémentaires), means:

(a) in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work,

or

(b) in the case of a part-time employee, authorized work performed in excess of seven point five (7.5) hours per day or thirty-seven point five (37.5) hours per week, but does not include time worked on a holiday,

or

(c) for any employee whose normal scheduled hours of work are in excess of seven point five (7.5) hours per day, authorized work performed in excess of those normal scheduled daily hours or an average of thirty-seven point five (37.5) hours per week,

"spouse" will, when required, be interpreted to include "common-law partner" except, for the purposes 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),

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

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

(a) 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

(b) 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

3.01 The provisions of this Agreement apply to the Association, 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 employees, renders null and void any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement.