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Part V - Other Terms and Conditions of Employment

Article 45
Technological Change

45.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the National Joint Council Work Force Adjustment Directive concluded by the parties will apply. In all other cases the following clauses will apply.

45.02 In this Article "Technological Change" means:

1. the introduction by the Employer of equipment or material of a different nature than that previously utilized;
   and
2. a change in the Employer's operation directly related to the introduction of that equipment or material.

45.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.

45.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days written notice to the Association of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.

45.05 The written notice provided for in clause 45.04 will provide the following information:

1. the nature and degree of change;
2. the anticipated date or dates on which the Employer plans to effect change;
3. the location or locations involved.

45.06 As soon as reasonably practicable after notice is given under clause 45.04, the Employer shall consult meaningfully with the Association concerning the effects of the technological change referred to in clause 45.05 on each group of employees. Such consultation will include but not necessarily be limited to the following:

1. the approximate number, class and location of employees likely to be affected by the change;
2. the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.

45.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of the employee's substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours and at no cost to her.

Article 46
No Discrimination

46.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, marital status, family status, mental or physical disability, conviction for which a pardon has been granted, membership or activity in the Association.

46.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
2. If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

Article 47
Sexual Harassment

47.01 The Association and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.

47.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
2. If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

Article 48
Penological Factor Allowance

General

A Penological Factor Allowance (PFA) shall be payable to incumbents in some positions in the bargaining unit which are in Correctional Service Canada, subject to the following conditions.

48.01 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group.

48.02 The payment of the allowance for the Penological Factor is determined by designated security level of the penitentiary as determined by the Correctional Service of Canada. For those institutions with more than one (1) designated security level (i.e. multi-level institutions), the PFA shall be determined by the highest security level of the institution.

Amount of PFA

48.03

Penological Factor Designated Security level of the Penitentiary

Maximum	Medium	Minimum
$2,000	$1,000	$600

Application of PFA

48.04

Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 48.01 above are applicable.

48.05 The applicability of PFA to a position and the position's level of PFA entitlement, shall be determined by the Employer following consultation with the Association.

48.06 Except as prescribed in clause 48.09 below, an employee shall be entitled to receive PFA for any month in which he or she receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.

48.07 Except as provided in clause 48.08 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different level of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one position to which PFA applies, the employee shall receive the higher allowance, provided he or she has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.

48.08 When the incumbent of a position to which PFA applies, is temporarily assigned a position to which a different level of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to which he or she is temporarily assigned, plus PFA, if applicable, would be less than his or her basic monthly pay entitlement plus PFA in his or her regular position, the employee shall receive the PFA applicable to his or her regular position.

48.09 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his or her regular position:

1. during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,
   or
2. during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.

48.10 PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:

• Public Service Superannuation Act
• Public Service Disability Insurance Plan
• Canada Pension Plan
• Quebec Pension Plan
• Employment Insurance
• Government Employees Compensation Act
• Flying Accident Compensation Regulations

48.11 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.

Article 49
Statement of Duties

49.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of the employee's position, including the classification level and, where applicable, the point rating allotted by factor to the employee's position, and an organization chart depicting the position's place in the organization.

Article 50
Employee Performance
Review and Employee Files

50.01

1. When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment form will be provided to the employee at that time. An employee's signature on the employee's assessment form will be considered to be an indication only that its contents have been read and shall not indicate the employee's concurrence with the statements contained on the form.
2. The Employer's representative(s) who assess an employee's performance must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.
3. An employee has the right to make written comments to be attached to the performance review form.

50.02

1. Prior to an employee performance review, the employee shall be given:
   1. the evaluation form which will be used for the review;
   2. any written document which provides instructions to the person conducting the review.
2. If during the employee performance review, either the form or instructions are changed, they shall be given to the employee.

50.03 Upon written request of an employee, the employee's personnel file shall be made available once (1) per year for the employee's examination in the presence of an authorized representative of the Employer.

50.04 Demotion or Non-Disciplinary Termination

When an employee is required to attend a meeting, the purpose of which is to demote or terminate the employee for cause pursuant to Section 12(l)(d) of the Financial Administration Act, the employee is entitled to have, at the employee's request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day's notice of such a meeting.

Article 51
National Joint Council Agreements

51.01 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 after December 6, 1978 will form part of this Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Section 113 of the PSLRA.

51.02 The NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978, as amended from time to time.

51.03

1. The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Agreement:
   1. Bilingualism Bonus Directive;
   2. Commuting Assistance Directive;
   3. First-Aid to the General Public – Allowance for Employees;
   4. Foreign Service Directives;
   5. Isolated Posts and Government Housing Directive;
   6. Memorandum of Understanding on Definition of Spouse;
   7. NJC Integrated Relocation Directive;
   8. Public Service Health Care Plan Directive;
   9. Travel Directive;
   10. Uniforms Directive;
   11. Workforce Adjustment Directive.
   Occupational Health and Safety
   12. Motor Vehicle Operations Directive;
   13. Occupational Health and Safety Directive;
   14. Pesticides Directive.
2. During the term of this Agreement, other directives, policies or regulations may be added to the above noted list.

**

51.04 Grievances in regard to the National Joint Council directives, policies or regulations shall be filed in accordance with clause 17.01 of the Grievance Procedure Article.

Article 52
Job Security

52.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the work force will be accomplished through attrition.

Article 53
Professional Allowance

53.01 The Association and the Employer have agreed to provide for a professional allowance to be paid in accordance with the following conditions.

53.02 Upon receipt of proof of payment, the Employer shall reimburse an employee's annual membership fees paid to either the Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA) or the Association of Certified General Accountants (CGA), when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee's position.

53.03 When the payment of such fees is not a requirement for the continuation of the performance of the duties of an employee's position, but eligibility for a professional accounting designation from one of these associations is a qualification specified in the Standards for Selection and Assessment for the Financial Management Group, the Employer shall reimburse the employee, upon receipt of proof of payment, for the employee's annual membership fees paid to one of the associations referred to in clause 53.02 to a maximum of one thousand two hundred and fifty ($1,250) dollars. This maximum amount is increased effective January 1, 2008, for fees that become due and are paid following that date. The Employer shall reimburse annual fees paid to one of the associations referred to in clause 53.02 for employees pursuing a formal study program to obtain a professional accounting designation (CA, CMA or CGA).

53.04 Reimbursement covered by this Article does not include arrears of previous years' dues.

53.05 Membership dues referred to in Article 8, Check-Off, of this Agreement are specifically excluded as reimbursable fees under this Article.

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