ARCHIVED - Foreign Service (FS) - Archived

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Part II - Staff Relations Matters

**Article 3
Recognition

3.01 The Employer recognizes the Professional Association of Foreign Service Officers as the exclusive bargaining agent for all employees described in the certificate issued by the former Public Service Staff Relations Board on
May 10, 1999 covering employees in the Foreign Service Group.

Article 4
Check-Off

4.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an amount equal to the membership dues from the monthly pay of all employees in the bargaining unit.

4.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 4.01. The Association shall give at least three (3) months' advance notice to the Employer of any amendment to the amount of the authorized monthly deduction.

4.03

1. For new employees to the bargaining unit, the provisions of clause 4.01 will commence the first (1st) full month of employment to the extent that earnings are available.
2. Where any employee does not have sufficient earnings in respect of any month to permit deductions, the Employer shall not be obligated to make such deductions from subsequent salary.

4.04 An employee, who satisfies the Employer to the extent that she declares in an affidavit that she is a member of a religious organization whose doctrine prevents her as a matter of conscience from making financial contributions to an employee organization and that she 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 her is countersigned by an official representative of the religious organization involved.

4.05 The amounts deducted in accordance with clause 4.01 shall be remitted to the Association by cheque within a reasonable period of time after deductions are made and shall be accompanied by the name and pay number of each employee and the amount of the deductions made on the employee's behalf.

4.06 The Employer shall provide a monthly revocable check-off of premiums payable on insurance plans, provided by the Association for its members in the bargaining unit, on the basis of presentation of appropriate documentation, provided that the amounts so deducted are combined with membership dues in a single monthly deduction. The Employer will not be required to inform an employee when her insurance plan coverage is affected because of lack of sufficient earnings to cover deductions or because of her transfer out of or into the bargaining unit.

4.07 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.

Article 5
Provision of Communication Facilities

5.01 The communication facilities of the Employer are for the delivery of government programs. Nevertheless, in the situations circumscribed by clauses 5.03 and 5.04 and subject to operational requirements, the Employer agrees to cooperate in providing certain facilities for communications between the Association and the employees on foreign assignment.

5.02 The Association agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article.

5.03 Foreign Affairs Mail Distribution Service

Notwithstanding any restrictions on use of government mail facilities, the departmental internal mail facilities may be used for communications between the Association and the employees on foreign assignment, in conformity with applicable Employer policies as amended from time to time.

5.04 Departmental Electronic Mail Systems

1. The departments shall allow the Association to use the departmental electronic network to distribute information to the members of the Association pursuant to sub-paragraphs 5.04(i), (ii) and (iii);
   1. The Association shall endeavour to avoid requests for distributing information, which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Distribution of information shall require the prior approval of the department.
   2. The Association shall provide to the authorized representative a paper and electronic (ready for transmission) copy of the documents it wants to distribute.
   3. Such approval shall be requested from the authorized representative or his or her delegate at the national level; it shall not be unreasonably withheld.
   4. The Department will endeavour to transmit the approved information via its electronic network within three working days (not counting Saturdays, Sundays and Designated Paid Holidays). The person responsible for the approval will ensure the distribution of the information.
2. The departments will ensure a hyperlink to the Association's website from its intranet through the Association.

5.05 Bulletin Boards

Reasonable space on bulletin boards, in convenient locations, including electronic bulletin boards where available, will be made available to the Association for the posting of official Association notices. The Association shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices related to the business affairs of the Association, including the names of Association representatives, and social and recreational events. Such approval shall not be unreasonably withheld.

Article 6
Information

6.01 The Employer agrees to supply the Association each month with the name, geographic location and classification level of each employee who enters or leaves the bargaining unit.

6.02 The Employer agrees to provide each employee with a copy of this Agreement.

Article 7
Joint Consultation

7.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.

7.02 The subjects for joint consultation shall include career development.

7.03 Without limiting the manner in which the parties agree to consult, the Department of Foreign Affairs and International Trade and the Department of Citizenship and Immigration undertake to maintain a consultation process with the Association in accordance with terms of reference which are mutually agreed upon.

**Article 8
Suspension and Discipline

8.01 An employee who is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning her or to render a disciplinary decision concerning her, shall:

1. where practicable, receive in writing a minimum of two (2)day's notice of such a meeting, as well as its purpose,
   and
2. at her request, have a representative of the Association attend the meeting, when the representative is readily available.

8.02 When an employee is suspended from duty, demoted, or terminated in accordance with paragraph 12(l)(c), (d) or (e) of the Financial Administration Act, the Employer undertakes to notify her in writing of the reason for such suspension, demotion or termination. The Employer shall endeavour to give such notification at the time of suspension, demotion or termination.

8.03 The Employer shall notify the Executive Director of the Association of such suspension or demotion and, at the written agreement of the employee, that such termination has occurred.

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

8.05 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 of three (3) months or more.

8.06 Subject to the Access to Information and Privacy Act, the Employer shall provide the employee access to the information used during the disciplinary investigation.

Article 9
Employee Performance Reviews

9.01 For the purpose of this Article,

1. a formal assessment and/or appraisal of an employee's performance means a written assessment and/or appraisal by the supervisor of how well the employee has performed the employee's assigned tasks during a specified period in the past;
2. formal assessment and/or appraisals of employee performance shall be recorded in a form prescribed by the Employer for this purpose.

9.02 Prior to an employee performance review the following shall be made available to the employee:

1. the evaluation form which will be used for the review;
2. any written document which provides instructions to the person conducting the review;
3. if, during the employee performance review, either the form or instructions have changed they shall be given to the employee.

9.03

1. At the beginning of an employee's assignment and annually thereafter, the manager in consultation with the employee, will establish the employee's objectives for the year.
2. If during an employee's assignment a concern arises with respect to the employee's performance, the Employer will bring those concerns to the attention of the employee in a timely manner. Except in cases of adverse impact on Canadian's interests abroad, the employee shall be given a reasonable opportunity to bring the performance up to the performance standard.

9.04

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. An employee's signature on the assessment form shall 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.
   The employee shall be provided with a copy of the assessment at the time that the assessment is signed by the employee.
2. The Employer's representative(s) who assesses 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. When an employee disagrees with the assessment and/or the appraisal of his work, he shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal. An employee has the right to make written comments to be attached to the performance review form.

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

**Article 10
Grievance Procedure

10.01 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 of the NJC By-Laws.

10.02 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 in writing 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.

10.03 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon his/her grievance or refrain from exercising his/her right to present a grievance as provided in this Agreement.

Individual Grievances

10.04 Subject to subsections (2) to (7) and as provided in Section 208 of the Public Service Labour Relations Act, a grievor who feels that he/she has been treated unjustly or considers himself/herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance related to:

1. 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 a 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.

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.

10.05 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following levels:

1. level 1 - that level of management authorized to respond to grievances at Level 1 (All Departments);
2. levels 2 and 3 - intermediate level(s) where such level or levels are established in departments or agencies (All Departments except Foreign Affairs and International Trade);
3. final level - Deputy Head or his/her authorized representative (All Departments).

10.06 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.

10.07 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. 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.

Clauses 10.08 to 10.23 apply only to Individual and Group Grievances

10.08 A grievor who wishes to present a grievance at a prescribed level in the grievance procedure, shall transmit this grievance to his/her 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 by him/her.

10.09 Where 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 date 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/her 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.

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

10.11 A grievor may be assisted and/or represented by the Association when presenting a grievance at any level.

10.12 The Association shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the decision.

10.13 A grievor may present a grievance to the First Level of the procedure in the manner prescribed in clause 10.07, not later than the twenty-fifth (25th) day after the date on which he/she is notified orally or in writing or on which he/she first becomes aware of the action or circumstances giving rise to grievance.

10.14 The Employer shall normally reply to a grievance, at any level in the grievance procedure, except the final level, within ten (10) days after the date the grievance is presented at that level. Where such decision or settlement is not satisfactory to the grievor, he/she may submit a grievance at the next higher level in the grievance procedure within ten (10) days after that decision or settlement has been conveyed to him in writing.

10.15 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at any level, except the final level, the grievor may, within the next ten (10) days, submit the grievance at the next higher level of the grievance procedure.

10.16 The Employer shall normally reply to a grievance at the final level of the grievance procedure within thirty (30) days after the grievance is presented at that level.

10.17 Where a grievor has been represented by the Association in the presentation of his/her 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 grievor.

10.18 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the grievor unless the grievance is a class of grievance that may be referred to adjudication.

10.19 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.

10.20 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.

10.21 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.

10.22 A grievor may abandon a grievance by written notice to his/her immediate supervisor or officer-in-charge.

10.23 When a grievor fails to present a grievance to the next higher level within the prescribed time limits he/she will be deemed to have abandoned the grievance, unless he/she was unable to comply with the prescribed time limits due to circumstances beyond his/her control.

Reference to Adjudication – Individual Grievances

10.24 Where a grievor has presented a grievance up to and including the Final Level in the grievance procedure with respect to:

1. the interpretation or application in respect of the grievor of a provision of this Agreement or a related arbitral award,
   or
2. disciplinary action resulting in suspension or a financial penalty,
   or
3. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,

and his/her grievance has not been dealt with to his/her satisfaction, he/she may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

10.25 Where a grievance that may be presented by a grievor to adjudication is a grievance relating to the interpretation or application in respect of him of a provision of this Agreement or an arbitral award, he is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner:

1. its approval of the reference of the grievance to adjudication,
   and
2. its willingness to represent the grievor in the adjudication proceedings.

Group Grievances

10.26 Subject to and as provided in section 215 of the Public Service Labour Relations Act and clauses 10.08 to 10.23 of this Collective Agreement, 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.

10.27 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 bargaining agent 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. A bargaining agent 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. Notwithstanding subsection (4), a bargaining agent 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 bargaining agent 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. A bargaining agent 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.

10.28 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. After receiving the notice, the Association may not pursue the grievance in respect of the employee.

10.29 Reference to Adjudication

1. The bargaining agent 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

10.30 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Employer and the Association may present a grievance to 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.

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

10.32 The Employer and the Association shall designate a representative and shall notify each other of the title of the person so designated.

10.33 The Employer and the Association may present a grievance in the manner prescribed in clause 10.30, 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.

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

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

10.36 Reference to Adjudication

A party that presents a policy grievance may refer it to adjudication, in accordance with sections 221 and 222 of the Public Service Labour Relations Act.

Article 11
Outside Employer

11.01 Where, at the request of the Employer, an employee performs duties outside the public service the performance of which is not under the direction or control of the Employer the provisions of this Agreement, except for Article 20 (Severance Pay), do not apply to her. Where the employment of such employee is terminated, her severance pay entitlement under Article 20 shall be reduced by the amount of any severance pay she receives from any Employer outside the public service under whose direction and control she was performing her duties.

• Previous Page
• Table of Contents
• Next Page