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Part V - Other Terms and Conditions of Employment

Article 40
Foreign Service Directives and
National Joint Council Agreements

40.01 The terms and conditions of employment of an employee who is subject to the Foreign Service Directives are those contained in this Agreement, unless they are less favourable to the employee than those contained in the Foreign Service Directives in which case the latter applies.

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40.02 Agreements concluded by the National Joint Council 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, and as amended from time to time, 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 section 113 of the PSLRA.

40.03 The NJC items which may be included in a collective agreement are those items which parties to the NJC agreement 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.

40.04 Upon request of an employee, the Employer shall make available at a mutually satisfactory time National Joint Council agreements which form part of this Collective Agreement and which have a direct bearing on the requesting employee's terms and conditions of employment.

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40.05

1. The following directives, 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:
   • Bilingualism Bonus Directive
   • Commuting Assistance Directive
   • First Aid to the General Public - Allowance for Employees
   • Foreign Service Directives
   • Isolated Posts and Government Housing Directive
   • Memorandum of Understanding on Definition of Spouse
   • Motor Vehicle Operations Directive
   • NJC Relocation Directive
   • Occupational Health and Safety Directive
   • Pesticides Directive
   • Public Service Health Care Plan Directive
   • Travel Directive
   • Uniforms Directive
   • Work Force Adjustment Directive
2. During the term of this Agreement, other directives may be added to the above noted list.

40.06 Grievances in regard to the above directives shall be filed in accordance with clause 10.01 of the Article on grievance procedure in this Agreement.

Article 41
No Discrimination

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

41.02

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.

41.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.

Article 42
Sexual Harassment

42.01 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.

42.02

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.

42.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.

Article 43
Registration Fees

43.01 The Employer shall reimburse an employee for his payment of membership or other fees to a professional organization or organizations when the payment of such fees is necessary to maintain a professional qualification required by the Employer for the performance of any duties and/or responsibilities assigned.

Article 44
Job Security

44.01 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 45
Labour Disputes

45.01 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.

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