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Part II - Labour Relations Matters

Article 6
Employee Representatives

6.01 The Employer acknowledges the right of the Association to appoint employees as Employee Representatives.

6.02 The Employer and the Association shall, by mutual agreement, determine the area to be serviced by each Employee Representative.

6.03 The Association shall notify the Employer promptly and in writing, of the names of its Employee Representatives appointed pursuant to clause 6.02 and of any subsequent changes.

6.04 An Employee Representative shall obtain the permission of the employee's immediate supervisor before leaving work to investigate employee complaints, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Upon the resumption of the normal duties of the Employee Representative, the employee shall report back to the supervisor, where practicable.

**

6.05 The Association shall have the opportunity to have an Employee Representative introduced to new employees as part of the Employer's formal orientation programs, where they exist.

Article 7
Use of Employer Facilities

7.01

1. A duly accredited representative of the Association may be permitted access to the Employer's premises. Permission to enter the premises shall be obtained from the Employer.
2. The Association shall provide the Employer a list of such representatives and shall advise promptly of any changes made to the list.

7.02 Space on bulletin boards including electronic bulletin boards will be made available to the Association for the posting of official Association notices, in convenient locations determined by the Employer. The posting of notices or other material shall require the prior approval of the Employer, except notices of Association business affairs and meetings, and Association elections, the names of the Association's representatives and Employee Representatives and social and recreational events. The Employer reserves the right to refuse the posting of any information, which it considers adverse to its interests or to the interests of any of its representatives.

7.03 The Employer will also continue its present practice of making available to the Association specific locations on its premises, where it is practical to do so, for the placement of reasonable quantities of literature of the Association.

Article 8
Check-Off

8.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees. Where an employee does not have sufficient earnings in respect of any month to permit deductions made under this Article, the Employer shall not be obligated to make such deduction from subsequent salary.

**

8.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee. In addition, the Association shall advise the Employer in writing at least three (3) months prior to the effective date of any amendment to the amount of the authorized monthly deduction.

8.03 For the purpose of applying clause 8.01, deductions from pay for each employee in respect of each calendar month will start with the first (1^st) full calendar month of employment to the extent that earnings are available.

**

8.04 An employee who satisfies the Association to the extent that the employee declares in an affidavit that the employee is a member of a religious organization whose doctrine prevents the employee as a matter of conscience from making financial contributions to an employee organization and that the employee will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved. The Association will inform the Employer accordingly.

8.05 No employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees.

8.06 The amounts deducted in accordance with clause 8.01 shall be remitted to the Treasurer of the Association by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf.

8.07 The Association agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Employer limited to the amount actually involved in the error.

Article 9
Information

9.01 The Employer agrees to supply the Association each quarter with the name, geographic location and classification of each new employee.

9.02 The Employer agrees to supply each employee with a copy of this Agreement and any amendments thereto. For the purpose of satisfying the Employer's obligation under this clause, employees may be given electronic access to this Agreement. Where electronic access to the Agreement is unavailable or impractical, the employee shall be supplied, on request, with a printed copy of the Agreement.

9.03 The Employer agrees to distribute to each new employee an information package prepared and supplied by the Association. Such information package and any amendments thereto shall require the prior approval of the Employer. The Employer shall have the right to refuse to distribute any information that it considers adverse to its interests or to the interests of any of its representatives.

Article 10
Employees on Premises of Other Employers

10.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

Article 11
Restriction on Outside Employment

11.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

Article 12
Leave With or Without Pay for Association Business

Leave for Elected Officials

12.01 When operational requirements permit, the Employer will grant leave without pay to an employee who is elected or appointed to a full-time Association office for a period in excess of three (3) months.

Complaints made to the Public Service Labour Relations Board (PSLRB) pursuant to section 190(1) of the Public Service Labour Relations Act (PSLRA)

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:

1. to an employee who makes a complaint on the employee's own behalf, before the PSLRB,
   and
2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association making a complaint.

Applications for Certification, Representations and Interventions with respect to Applications for Certification

12.03 When operational requirements permit, the Employer will grant leave without pay:

1. to an employee who represents the Association in an application for certification or in an intervention,
   and
2. to an employee who makes personal representations with respect to a certification.

12.04 The Employer will grant leave with pay:

1. to an employee called as a witness by the Public Service Labour Relations Board,
   and
2. when operational requirements permit, to an employee called as a witness by an employee or the Association.

Arbitration Board Hearings, Public Interest Commission and Alternative Dispute Resolution Process

12.05 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Association before an Arbitration Board, a Public Interest Commission or in an Alternative Dispute Resolution Process.

12.06 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, a Public Interest Commission or in an Alternative Dispute Resolution Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Association.

Adjudication

12.07 When operational requirements permit, the Employer will grant leave with pay to an employee who is:

1. a party to the adjudication,
2. the representative of an employee who is a party to an adjudication,
   and
3. a witness called by an employee who is a party to an adjudication.

Meetings During the Grievance Process

12.08 When operational requirements permit, the Employer will grant to an employee:

1. when the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of the employee and "on duty" status when the meeting is held outside the employee's headquarters area,
   and
2. when an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

12.09 When an employee wishes to represent, at a meeting with the Employer, an employee who has presented a grievance, the Employer will arrange the meeting having regard to operational requirements, and will grant leave with pay to the representative when the meeting is held in the representative's headquarters area and leave without pay when the meeting is held outside the representative's headquarters area.

12.10 Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a grievance and an employee acting on behalf of the Association wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters area.

Contract Negotiation Meetings

12.11 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees for the purpose of attending contract negotiation meetings on behalf of the Association.

Preparatory Contract Negotiation Meetings

12.12 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.

Meetings Between the Association and Management Not Otherwise Specified in this Article

12.13 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Association.

12.14 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings and conventions provided for in the constitution and by-laws of the Association.

Representatives' Training Courses

12.15 When operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Association to undertake training related to the duties of a representative.

12.16 An employee shall not be entitled to any compensation under Overtime and Travelling Time in respect of hours the employee is acting or travelling under the provisions of this Article.

Article 13
Illegal Strikes

13.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment pursuant to Section 12(l)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Public Service Labour Relations Act.

Article 14
Suspension and Discipline

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.

14.02 The Employer shall notify the National Office of the Association that such suspension or termination has occurred.

14.03 When an employee is required to attend a meeting on disciplinary matters, the Employer shall notify the employee that the employee is entitled to have a representative of the Association attend the meeting. Where practicable, the employee shall receive in writing a minimum of one (1) working day's notice of such a meeting, as well as its purpose. Where the presence of a national representative of the Association is requested by the employee and where the disciplinary meeting is outside of the National Capital Region, this minimum period shall be increased to two (2) days, where practicable.

14.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.

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.

14.06 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to the Association.

Article 15
Health and Safety

15.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Association, and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.

Article 16
Joint Consultation

16.01 Upon request of either party, the parties to this Agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

16.02 Without prejudice to the position the Employer or the Association may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the parties.

16.03 Within five (5) days of notification of consultation served by either party, the Association shall notify the Employer in writing of the representatives authorized to act on behalf of the Association for consultation purposes.

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16.04 National Joint Professional Development Committee

1. The parties to this Collective Agreement acknowledge the mutual benefits to be derived from consultation on Professional Development. To this effect the parties agree that such consultation will occur at both the departmental level through existing Joint Consultation Committees and at the interdepartmental level through the National Joint Professional Development Committee.
2. The National Joint Professional Development Committee shall be composed of Association and Employer representatives who shall meet at mutually satisfactory times.
3. The National Joint Professional Development Committee is authorized to invite additional members to participate in the committee with mutual agreement of the Association and the Employer.
4. Employees forming the continuing membership of the National Joint Professional Development Committee shall be protected against any loss of normal pay by reason of attendance at such meetings, including reasonable travel time where applicable.
5. The parties recognize the purpose of the National Joint Professional Development Committee is to provide a forum for discussion and consultation on professional development for the FI group.
6. It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.
7. In establishing this committee, it is understood by the parties that Departments are responsible for the application of the policies related to Professional Development.

**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.Individual Grievances

17.02 Subject to and as provided in Section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:

1. by the interpretation or application, in respect of the employee, of:
   1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment;
      or
   2. a provision of the collective agreement or an arbitral award;
   or
2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Group Grievances

17.03 Subject to and as provided in Section 215 of the Public Service Labour Relations Act, the Association may present a group grievance to the Employer 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 the collective agreement or an arbitral award.

1. In order to present a group grievance, the Association must first obtain the written consent of each of the employees concerned.
2. A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.
3. A group grievance must relate to employees in a single portion of the Federal Public Administration.
4. 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 subparagraph (i) above.
   3. After receiving the notice, the Association may not pursue the grievance in respect of the employee.

Policy Grievances

17.04 Subject to and as provided in Section 220 of the Public Service Labour Relations Act, the Association or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award.

1. There shall be no more than one (1) level in the grievance procedure.
2. A policy grievance may be presented by the authorized representative of the Association to an authorized representative of the Employer. The Employer shall inform the Association of the name, title and address of this representative.
3. A policy grievance may be presented by the authorized representative of the Employer to an authorized representative of the Association. The Association shall inform the Employer of the name, title and address of this representative.

Grievance Procedure

17.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Association.

17.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor or the Employer to withdraw a grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.

17.07 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.

17.08 A grievor wishing 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:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
   and
2. provide the grievor with a receipt stating the date on which the grievance was received.

17.09 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.

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

1. Level 1 - first level of management;
2. Levels 2 and 3 in departments or agencies where such a levels are established - intermediate level(s);
3. Final Level - Chief Executive or deputy head or an authorized representative.

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

17.11 No Employer representative may hear the same grievance at more than one level in the grievance procedure.

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

17.13 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.

17.14 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.

17.15

1. A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 17.08, not later than the twenty-fifth (25^th) day after the date on which the grievor is notified orally or in writing or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance.
2. The Employer and the Association may present a policy grievance in the manner prescribed in clause 17.04 not later than the twenty-fifth (25^th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.

17.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:

1. where the decision or offer of settlement is not satisfactory to the grievor, within ten (10) days after that decision or offer of settlement has been conveyed in writing to the grievor by the Employer,
   or
2. where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 17.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

17.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within thirty (30) days where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within thirty (30) days. The Association shall normally reply to a policy grievance presented by the Employer within thirty (30) days.

17.18 Where an employee has been represented by the Association in the presentation of the employee's grievance, the Employer will provide the appropriate representative of 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.

17.19 The decision given by the Employer at the final level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

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

17.21 Where the provisions of clause 17.08 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 the 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.

17.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Association representative.

17.23 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 grievor, and, where applicable, the Association.

17.24 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 shall be presented at the final level only.

17.25 A grievor may, by written notice to the immediate supervisor or officer-in-charge, withdraw a grievance.

17.26 Any grievor 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 grievor's control, the grievor was unable to comply with the prescribed time limits.

17.27 Reference to Adjudication

1. Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:
   1. the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award;
   2. a disciplinary action resulting in termination, demotion, suspension or financial penalty;
   3. demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct,
   and the grievance has not been dealt with to the grievor's satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.
2. When an individual or 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 paragraph (b).
4. Nothing in paragraph (a) above is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to:
   1. any termination of employment under the Public Service Employment Act;
      or
   2. any deployment under the Public Service Employment Act, other than the deployment of the employee who presented the grievance,

17.28 Before referring an individual grievance related to matters referred to in subparagraph 17.27(a)(i), the employee must obtain the approval of the employee's bargaining agent to represent the employee in the adjudication proceedings.

Expedited Adjudication

17.29 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.
2. 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.
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.
5. 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.
6. 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.
7. The Adjudicator will make an oral determination at the hearing, which will be recorded and initialed 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.
8. 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.

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