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Article 37
Standards of Discipline

37.01 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.

37.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or to render a disciplinary decision concerning him, the employee is entitled to have, at his request, a representative of the Institute attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days notice of such a meeting as well as its purpose.

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37.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he may be accompanied by a representative of the Institute. Where practicable, the employee shall receive a minimum of two (2) days notice of such administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the employee.

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

37.05 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document concerning the conduct or performance of an employee the existence of which the employee was not aware at the time of filing or within a reasonable time thereafter.

37.06 When an employee is suspended from duty, the Employer undertakes to notify the employee in writing of the reason for such suspension. The Employer shall endeavour to give such notification at the time of suspension.

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37.07 The Employer shall notify the local representative of the Institute as soon as possible that such suspension or termination has occurred.

37.08 Notice of 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.

Article 38
Labour Disputes

38.01 If employees whose normal duties are performed on the premises of another Employer are prevented from performing their duties because of a strike or lock-out on this other Employer's premises, the employees shall report the matter to the Employer and the Employer will consider measures designed to ensure that, so long as work is available, the employees affected are not denied regular pay and benefits to which they would normally be entitled.

Article 39
Part-Time Employees

39.01 Definition

1. Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the public service Labour Relations Act.
2. Notwithstanding the provisions of 39.01(a), NU-CHN's in FNIH, (known as regular part-time employees), whose normal scheduled hours of work average less than thirty-seven decimal five (37.5) hours per week, and whose hours are averaged over the period prescribed in the certificate of appointment, shall be subject to the provisions of this article.

39.02 General

Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal scheduled weekly hours of work compared with the normal weekly hours of work of full-time employees unless otherwise specified in this Agreement.

39.03 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven decimal five (7.5) hours in a day or thirty-seven decimal five (37.5) hours in a week unless the employee is working other daily or weekly hours of work as prescribed pursuant to Article 8, Hours of Work and Shift Work.

39.04 The days of rest provisions of this Collective Agreement apply only in a week when a part-time employee has worked five (5) days and a minimum of thirty-seven decimal five (37.5) hours in a week at the hourly rate of pay.

39.05 Leave will only be provided:

1. during those periods in which employees are scheduled to perform their duties;
   or
2. where it may displace other leave as prescribed by this Agreement.

39.06 Designated Holidays

A part-time employee shall not be paid for the designated holidays but shall, instead be paid a premium of four decimal two five per cent (4.25%) for all straight-time hours worked during the period of part-time employment.

39.07 Subject to Article 9, Overtime, when a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 12.01 of this Agreement, the employee shall be paid according to paragraph 9.01(b) for all hours worked on the holiday.

39.08 Overtime

"Overtime" means work required by the Employer, to be performed by the employee, in excess of those hours prescribed in clause 39.03 but does not include time worked on a holiday.

39.09 Subject to Article 9, Overtime, a part-time employee who is required to work overtime shall be paid at time and one-half (1 1/2) for all overtime hours worked. The provisions of clause 9.04, Compensatory Leave, do not apply.

39.10 Call-back

1. When a part-time employee is called back to work or when a part-time employee who is on standby duty is called back to work by the Employer anytime outside his normal working hours, and such employee is not entitled to overtime in accordance with the present article, the employee shall be entitled to the greater of:
   1. a minimum of three (3) hours' pay at the straight-time rate;
      or
   2. compensation at the applicable rate for all hours worked.
2. When a part-time employee is entitled to overtime in accordance with the present article the employee shall be paid in accordance with Article 10, Call-back, of this Agreement.

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3. Notwithstanding (a) or (b), when a part-time FNIH nurse who is on stand-by duty on a designated paid holiday is called-back to work during the week-end following the designated paid holiday, the employee shall be entitled to overtime in accordance with the present article. The employee shall be paid in accordance with Article 10, Call-back, of this Agreement regardless of the number of hours worked in that week.

39.11 Vacation Leave

A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal work week, at the rate for years of employment established in clause 15.02, prorated and calculated as follows:

1. when the entitlement is nine decimal three seven five (9.375) hours a month, .250 multiplied by the number of hours in the employee's workweek per month;
2. when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of hours in the employee's workweek per month;
3. when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of hours in the employee's workweek per month;
4. when the entitlement is fourteen decimal four (14.4) hours a month, .383 multiplied by the number of hours in the employee's workweek per month;
5. when the entitlement fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of hours in the employee's workweek per month;
6. when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number of hours in the employee's workweek per month;
7. when the entitlement is eighteen decimal seven five (18.75) hours a month, .500 multiplied by the number of hours in the employee's workweek per month.

39.12 Sick Leave

A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an employee's normal work week for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee's normal work week.

39.13 Vacation and Sick Leave Administration

1. For the purposes of administration of clauses 39.11 and 39.12, where an employee does not work the same number of hours each week, the normal work week shall be the weekly average calculated on a monthly basis.
2. An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.

39.14 Severance Pay

Notwithstanding the provisions of Article 19, Severance Pay, where the period of continuous employment in respect of which a severance benefit is to be paid consists of both full-and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.

39.15 The weekly rate of pay referred to in clause 39.14 shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee's certificate of appointment, immediately prior to the termination of employment.

Article 40
Employee Performance Review and Employee Files

40.01 For the purpose of this article,

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

40.02

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 his concurrence with the statements contained on the form.
   A copy of the employee's assessment form shall be provided to him at the time 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.

40.03 When an employee disagrees with the assessment and/or appraisal of his work the employee shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal decision.

40.04 Upon written request of an employee, all the personnel files of that employee shall be made available once per year for his examination in the presence of an authorized representative of the Employer.

40.05 When a report pertaining to an employee's performance or conduct is placed on that employee's personnel file, the employee concerned shall be given an opportunity to sign the report in question to indicate that its contents have been read.

Article 41
Employment References

41.01 On application by an employee, the Employer shall provide personal references to the prospective Employer of such employee, indicating length of service, principal duties and responsibilities and performance of such duties.

Article 42
Sexual Harassment

42.01 The Institute 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 42.02(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.

42.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information Act and Privacy Act.

Article 43
No Discrimination

43.01 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, family status, marital status, a conviction for which a pardon has been granted, mental or physical disability, or membership or activity in the Institute.

43.02

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of a complaint.
2. If by reason of paragraph 43.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

43.03 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.

43.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information Act and Privacy Act.

Article 44
Penological Factor Allowance

General

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

44.02 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.

44.03 The payment of the allowance for the Penological Factor is determined by the designated security level of the penitentiary as determined by the Correctional Services 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

44.04

Penological Factor (X)
Designated Security level of the Penitentiary

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

Application of PFA

44.05 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 44.02 above are applicable.

44.06 The applicability of PFA to a position and the position's degree of PFA entitlement, shall be determined by the Employer following consultation with the Institute.

44.07 Except as prescribed in clause 44.09 below, an employee shall be entitled to receive PFA for any month in which he receives a minimum of ten (10) days of pay in a position(s) to which PFA applies.

44.08 Except as provided in clause 44.08 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 has performed duties for at least seventy-five (75) hours as the incumbent of the position to which the higher allowance applies.

44.09 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 is temporarily assigned, plus PFA, if applicable, would be less than his basic monthly pay entitlement plus PFA in his regular position, the employee shall receive the PFA applicable to his regular position.

44.10 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his 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.

44.11 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

44.12 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 45
Pay

45.01 Except as provided in clauses 45.01 to 45.10 inclusive, and the Notes to Appendix "A" of this Agreement, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

45.02 An employee is entitled to be paid for services rendered at:

1. the pay specified in Appendix "A" for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in his certificate of appointment,
   or
2. the pay specified in Appendix "A" for the classification prescribed in his certificate of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

45.03 The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.

45.04 Only rates of pay and compensation for overtime which has been paid to an employee during the retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the employee.

45.05 Pay Administration

When two (2) or more of the following actions occur on the same date, namely appointment, pay increment, pay revision, the employee's rate of pay shall be calculated in the following sequence:

1. the employee shall receive their pay increment;
2. the employee's rate of pay shall be revised;
3. the employee's rate of pay on appointment shall be established in accordance with this Agreement.

45.06 Rates of Pay

1. The rates of pay set forth in Appendix "A" shall become effective on the dates specified.
2. Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this Agreement, the following shall apply:
   1. "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefor;
   2. a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the groups identified in Article 25 of this Agreement during the retroactive period;
   3. for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;
   4. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;
   5. no payment or no notification shall be made pursuant to paragraph 45.06(b) for one dollar ($1.00) or less.

45.07 This article is subject to the Memorandum of Understanding signed by the Employer and the Professional Institute of the Public Service of Canada dated 21 July 1982 in respect of red-circled employees.

45.08 Overpayment

Should there be an error made in pay calculations resulting in an overpayment, the employee shall be notified beforehand in writing of the requirement for repayment to the employer and the intended repayment schedule. The employer will discuss the proposed schedule with the employee prior to putting it into effect.

45.09 Acting Pay

1. When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the number of consecutive working days indicated in (i) or (ii), the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to that higher classification level for the period in which the employee acts.
   1. two (2) working days: ND-DIT and OP level 1, and NU-CHN and NU-HOS levels 1-4;
   2. four (4) working days: all other employees.
2. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.

45.10 New Classification Standard

If, during the term of this Agreement, a new classification standard is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Institute the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

Article 46
Variation in Hours of Work

46.01 Principle

The following conditions shall apply to employees to whom the provisions of clause 8.06 (Compressed Work Week) and subparagraph 8.09(e)(i) (shift longer than seven decimal five (7.5) hours) of Article 8 apply.

It is agreed that the implementation of any variation in hours shall not result under any circumstances in any additional expenditure or cost by reason of such variation.

Before changing the hours of work approved under article 8.09(e)(i), the employer shall consult with the Institute. Such consultation shall be held no later than two (2) months prior to the modification of the hours of work agreed to under article 8.09(e)(i).

During the consultation, the employer shall provide the union with the relevant information (such as statistics and rationale) in support of the proposed change.

46.02 General Application

1. Conversion to Hours
   1. The provisions of the collective agreement which specify days shall be converted to hours based on a seven decimal five (7.5) hour day as follows:
      • five-twelfths (5/12) day = 3.125 hours
      • one (1) day = 7.500 hours
      • one and one-quarter (1 1/4) days = 9.375 hours
      • one and two-thirds (1 2/3) days = 12.500 hours
      • one and eleven-twelfth (1 11/12) days = 14.375 hours
      • two and one-twelfth (2 1/12) days = 15.625 hours
      • two and one half (2 1/2) days = 18.750 hours
   2. Notwithstanding the above, in clause 17.02, Bereavement Leave with Pay, and Article 34, Grievance Procedure, a day will have the same meaning as the provisions of the collective agreement.
2. Implementation and Termination
   • Effective the date on which clause 8.06 and paragraph 8.09(c) of Article 8, Hours of Work and Shift Work, apply or cease to apply to an employee, the accrued vacation and sick leave credits shall be converted to days or hours, as applicable.
3. Leave - Usage
   • When leave is granted, it will be granted on an hourly basis with the hours debited for each day of leave being the same as the hours the employee would normally have been scheduled to work on that day.

46.03 Specific Applications

For greater certainty, the following provisions shall be administered as provided herein:

1. Article 2 - Interpretation and Definitions
   • Paragraph 2.01(c) - "daily rate of pay" - shall not apply.
2. Article 9 - Overtime
   1. Overtime compensation shall only be applicable on a normal work day for hours in excess of the employee's scheduled daily hours of work.
   2. The provision of two (2) times the straight-time hourly rate still applies when a designated paid holiday(s) separates the period of consecutive and contiguous days of rest provided the requirements of subparagraph 46.03(b)(i) above are met.
3. Article 12 - Designated Paid Holiday
   • A designated holiday shall account for seven decimal five (7.5) hours.
4. Article 13 - Travelling Time
   • Overtime compensation referred to in clause 13.01 shall only be applicable on a normal work day for hours in excess of the employee's scheduled daily hours of work.
5. Article 15 - Vacation Leave
   • Leave When Employment Terminates
     • When an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation and furlough leave with pay to his credit by the hourly rate of pay as calculated from the rate specified in his certificate of appointment prior to the termination of his employment.

Article 47
Shift and Weekend Premiums

47.01

1. An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours worked between 1600 and 0800 hours. The shift premium will not be paid for hours worked between 0800 and 1600 hours.

Paragraph (b) applies only to NU employees in St-Anne-de-Bellevue Hospital

2. An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours worked between 1530 and 0730 hours. The shift premium will not be paid for hours worked on the day shift between 0730 and 1530 hours.

47.02

1. Employees shall receive an additional premium of two dollars ($2.00) per hour for work on a Saturday and/or Sunday for hours worked as stipulated in (b) below.
2. Weekend premiums shall be payable in respect of all regularly scheduled hours at straight-time rates worked on Saturday and/or Sunday.

Article 48
Shift Principle

48.01

1. When a full-time employee is required to attend one of the following proceedings outside a period which extends before or beyond three (3) hours his scheduled hours of work on a day during which he would be eligible for a shift premium, the employee may request that his hours of work on that day be scheduled between 7 a.m. and 6 p.m.
   1. Public Service Labour Relations Board Proceedings
      • Clauses 30.01, 30.02, 30.04, 30.05 and 30.06.
   2. Contract Negotiation and Preparatory Contract Negotiation Meetings
      • Clauses 30.10 and 30.11.
   3. Personnel Selection Process
      • Article 17.14.
   4. To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee's position.
   5. Training Courses which the employee is required to attend by the Employer.
   6. Provincial Workers Compensation Hearings.
2. In no case will the employee be required to report back for work on his next scheduled work period without at least twelve (12) hours of rest; nor will the employee lose any portion of his regular pay because the employee reported for work later than the scheduled start of the shift.
3. In every case, such request will be granted provided there is no increase in cost to the Employer.
4. Notwithstanding paragraph (c), proceedings described in sub-paragraph 48.01(a)(v) are not subject to the condition that there be no increase in cost to the Employer.

Article 49
Contracting Out

49.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of employees who would otherwise become redundant because work is contracted out.

Article 50
Dangerous Goods

50.01 An employee certified pursuant to the Transportation of Dangerous Goods Act and who is assigned the responsibility for packaging and labelling of Dangerous Goods for shipping in accordance with the above Act, shall receive a daily allowance of three dollars and fifty cents ($3.50) for each day they are required to package and label Dangerous Goods for shipping, to a maximum of seventy-five dollars ($75) in a month where the employee maintains such certification.

Article 51
Agreement Re-Opener

51.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one (1) calendar month after receipt of such notice.

Article 52
Duration

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52.01 The duration of this Collective Agreement shall be from the date it is signed to 30 September 2011.

52.02 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date it is signed.

Signed at Ottawa, this 26th day of the month of August 2009.

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