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List of Changes to the Agreement between
the Treasury Board and The Association
of Canadian Financial Officers

Part I - General

Article 2
Interpretation and Definitions

2.01

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

Part II - Labour Relations Matters

Article 12
Leave With or Without Pay for Association Business

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12.02 When operational requirements permit, in cases of complaints made to the PSLRB pursuant to section 190(1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA, the Employer will grant leave with pay:

(a) to an employee who makes a complaint on the employee's own behalf, before the PSLRB,

**

12.04 The Employer will grant leave with pay:

(a) to an employee called as a witness by the Public Service Labour Relations Board,

Article 14
Suspension and Discipline

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14.01 When an employee is suspended from duty, or terminated in accordance with paragraph 12(1)(c) 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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14.02 The Employer shall notify the National Office of the Association that such suspension or termination has occurred.

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14.05 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. This period will automatically be extended by the length of any period of leave without pay.

**Article 17
Grievance Procedure

17.01 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 15.0 of the NJC By-Laws.

17.02 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When the parties agree in writing to avail themselves of an informal conflict management system established pursuant to section 207 of the PSLRA, the time limits prescribed in this Grievance Procedure are suspended until either party gives the other notice in writing to the contrary.

17.03 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.

17.04 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Association Representative.

17.05 Where the provisions of clauses 17.07, 17.24 or 17.38 cannot be complied with and 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 day 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 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.

17.06 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

Individual Grievances

17.07 An employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:

(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,

and

(b) provide the employee with a receipt stating the date on which the grievance was received by the Employer.

17.08 Presentation of grievance

(1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if the employee feels aggrieved:

(a) by the interpretation or application, in respect of the employee, of

(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

(2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.

(3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value.

(4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.

(5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the Employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Article.

(6) An employee may not present an individual 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.

(7) For the purposes of subsection (6), 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.

17.09 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

(a) Level 1 - first (1^st) level of management;

(b) Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);

(c) Final level: the Deputy Minister (or his equivalent) or his delegated representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.

17.10 Representatives

(a) 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 title of the person so designated together with the title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

(b) 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 Association.

17.11 An employee may be assisted and/or represented by the Association when presenting a grievance at any level. The Association shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the decision.

17.12 An employee may present a grievance to the first (1^st) level of the procedure in the manner prescribed in clause 17.07, not later than the twenty-fifth (25^th) day after the date on which the employee is notified orally or in writing or on which the employee first becomes aware of the action or circumstances giving rise to grievance.

17.13 An employee may present a grievance at each succeeding level in the grievance procedure beyond the first (1^st) level either:

(a) where the decision or offer for settlement is not satisfactory to the employee, within ten (10) days after that decision or offer for settlement has been conveyed in writing to the employee by the Employer,

or

(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 17.14, within twenty-five (25) days after the employee presented the grievance at the previous level.

17.14 The Employer shall normally reply to an employee's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.

17.15 Where an employee has been represented by the Association in the presentation of the grievance, the Employer will provide the Association 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.

17.16 Where a grievance has been presented up to and including the final level in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.

17.17 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 Association.

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

17.19 An employee may by written notice to his immediate supervisor or officer-in-charge withdraw a grievance.

17.20 Any 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, due to circumstances beyond the employee's control, the employee was unable to comply with the prescribed time limits.

17.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon the grievance or refrain from exercising the employee's right to present a grievance, as provided in this Collective Agreement.

17.22 Reference to Adjudication

(1) An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee's satisfaction if the grievance is related to

(2) When an individual 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.

(3) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

(4) Nothing in subsection (1) above is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to

17.23 Before referring an individual grievance related to matters referred to in paragraph 17.22(1)(a), the employee must obtain the approval of the employee's bargaining agent to represent the employee in the adjudication proceedings.

Group Grievances

17.24 The Association may present a grievance at any prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:

(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,

and

(b) provide the Association with a receipt stating the date on which the grievance was received by the employee.

17.25 Presentation of Group Grievance

(1) The bargaining agent for a bargaining unit may present to the Employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award.

(2) In order to present the grievance, the Association must first obtain the consent of each of the employees concerned in the form provided for by the regulations. The consent of an employee is valid only in respect of the particular group grievance for which it is obtained.

(3) The group grievance must relate to employees in a single portion of the federal public administration.

(4) The Association may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.

(5) Despite subsection (4), the Association may not present a group grievance in respect of the right to equal pay for work of equal value.

(6) If an employee has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the Employer, the Association may not include that employee as one on whose behalf it presents a group grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from participating in a group grievance under this Article.

(7) The Association may not present a group 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.

(8) For the purposes of subsection (7), 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.

17.26 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

(a) Level 1 - first (1^st) level of management;

(b) Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);

(c) Final level: the Deputy Minister (or his equivalent) or his delegated representative.

Whenever there are four (4) levels in the grievance procedure, the Association may elect to waive either Level 2 or 3.

17.27 The Employer shall designate a representative at each level in the grievance procedure and shall inform the Association 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.

17.28 The Association shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

17.29 The Association may present a grievance to the first (1^st) level of the procedure in the manner prescribed in clause 17.24, no later than the twenty-fifth (25^th) day after the earlier of the day on which the aggrieved employees received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.

17.30 The Association may present a grievance at each succeeding level in the grievance procedure beyond the first (1^st) level either:

(a) where the decision or offer for settlement is not satisfactory to the Association, within ten (10) days after that decision or offer for settlement has been conveyed in writing to the Association by the Employer,

or

(b) where the Employer has not conveyed a decision to the Association within the time prescribed in clause 17.31, within twenty-five (25) days after the Association presented the grievance at the previous level.

17.31 The Employer shall normally reply to the Association's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.

17.32 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 Association.

17.33 The Association may by written notice to the officer-in-charge withdraw a grievance.

17.34 Opting out of a Group Grievance

(1) An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the Association that the employee no longer wishes to be involved in the group grievance.

(2) The Association shall provide to the representatives of the Employer authorized to deal with the grievance, a copy of the notice received pursuant to paragraph (1) above.

(3) After receiving the notice, the Association may not pursue the grievance in respect of the employee.

17.35 The Association failing to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond its control, it was unable to comply with the prescribed time limits.

17.36 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Association to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

17.37 Reference to Adjudication

(1) The Association may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction.

(2) When a group 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.

(3) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

Policy Grievances

17.38 The Employer and the Association may present a grievance at the prescribed level in the grievance procedure, and forward the grievance to the representative of the Association or the Employer, as the case may be, authorized to deal with the grievance. The party who receives the grievance shall provide the other party with a receipt stating the date on which the grievance was received by him.

17.39 Presentation of Policy Grievance

(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.

(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.

(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.

(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.

(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.

17.40 There shall be no more than one (1) level in the grievance procedure.

17.41 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.

17.42 The Employer and the Association may present a grievance in the manner prescribed in clause 17.38, no later than the twenty-fifth (25^th) 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.

17.43 The Employer and the Association shall normally reply to the grievance within sixty (60) days when the grievance is presented.

17.44 The Employer or the Association, as the case may be, may by written notice to the officer-in-charge withdraw a grievance.

17.45 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.

17.46 Reference to Adjudication

(1) A party that presents a policy grievance may refer it to adjudication.

(2) 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.

(3) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

Expedited Adjudication

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

(a) 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.

(b) When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Association will submit to the PSLRB the consent form signed by the grievor or the bargaining agent.

(c) 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.

(d) No witnesses will testify.

(e) The Adjudicator will be appointed by the PSLRB from among its members who have had at least three (3) years experience as a member of the Board.

(f) Each Expedited Adjudication session will take place in Ottawa, unless the parties and the PSLRB agree otherwise. The cases will be scheduled jointly by the parties and the PSLRB, and will appear on the PSLRB schedule.

(g) The Adjudicator will make an oral determination at the hearing, which will be recorded and initialled by the representatives of the parties. This will be confirmed in a written determination to be issued by the Adjudicator within five (5) days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a particular case.

(h) The Adjudicator's determination will be final and binding on all the parties, but will not constitute a precedent. The parties agree not to refer the determination to the Federal Court.

Appendix "B"

Memorandum of Understanding
between the
Treasury Board
(hereinafter called the Employer)
and
The Association of Canadian Financial Officers
(herinafter called the Association)
in Respect of
the Financial Management Group

(g) When an employee in receipt of the Chief Financial Officer (CFO) Transitional Allowance is required by the Employer to perform the duties of a higher classification level within the FI bargaining unit the Transitional Allowance of the substantive position shall continue until such time as the employee qualifies for the CFO Transitional Allowance for the higher level.

 

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