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Article 1
Purpose of Agreement

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Institute, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.

1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada, to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish within the framework provided by law, an effective working relationship at all levels of the public service in which members of the bargaining unit are employed.

Article 2
Interpretation And Definitions

2.01 For the purpose of this Agreement:

"bargaining unit"

means the employees of the Employer in the group described in Article 26 – Recognition (« unité de négociation »);

"common-law partner"

refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year (« conjoint de fait »);

"continuous employment"

has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations on the date of signing of this Agreement (« emploi continu »);

"daily rate of pay"

means an employee's weekly rate of pay divided by five (5) (« taux de rémunération journalier »);

"day of rest"

in relation to an employee means a day, other than a designated paid holiday, on which that employee is not ordinarily required to perform duties other than by reason of the employee being on leave (« jour de repos »);

"designated paid holiday"

means the twenty-four (24) hour period commencing at 00:01 hour of a day designated as a holiday in this Agreement (« jour férié désigné payé »);

"double time"

means two (2) times the employee's hourly rate of pay (« tarif double »);

"employee"

means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit (« employé »);

"Employer"

means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board (« Employeur »);

"headquarters area"

has the same meaning as given to the expression in the Travel Policy (« région du lieu d'affectation »);

"hourly rate of pay"

means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5) (« taux de rémunération horaire »);

"Institute"

means the Professional Institute of the Public Service of Canada (« Institut »);

"lay-off"

means the termination of an employee's employment because of lack of work or because of the discontinuance of a function (« licenciement »);

"leave"

means authorized absence from duty (« congé »);

"membership dues"

means the dues established pursuant to the by-laws and regulations of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy (« cotisations syndicales »);

"overtime"

means work required by the Employer, to be performed by the employee in excess of the employee's daily hours of work (« heures supplémentaires »);

"spouse"

will, when required, be interpreted to include common-law partner except, for the purposes of the Foreign Service Directives, the definition of spouse will remain as specified in Directive 2 of the Foreign Service Directives (« époux »);

"time and one-half"

means one and one half (1 1/2) times the employee's hourly rate of pay (« tarif et demi »);

"weekly rate of pay"

means an employee's annual rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »).

2.02

Except as otherwise provided in this Agreement, expressions used in this Agreement,

1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
   and
2. if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article 3
Official Texts

3.01 Both the English and French texts of this Agreement shall be official.

Article 4
Application

4.01 The provisions of this Agreement apply to the Institute, employees and the Employer.

4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.

Article 5
Management Rights

5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.

Article 6
Rights of Employees

6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.

Article 7
Publications and Authorship

Preamble

For the purpose of this article: "Publication" shall include, for example, scientific and professional papers, articles, manuscripts, monographs, audio and visual products, and computer software.

7.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.

7.02 The Employer agrees that publications prepared by an employee, within the scope of the employee's employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for publication. At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.

7.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.

7.04

1. The Employer may suggest revisions to a publication and may withhold approval to publish.
2. When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee.
3. Where the Employer wishes to make changes in a publication with which the author does not agree, the employee shall not be credited publicly if the employee so requests.

Article 8
Hours of Work

Clauses 8.01 through 8.06 shall not apply to employees on shift work. Clauses 8.07 through 8.20 shall apply only to employees on shift work.

General

8.01 For the purpose of this article, a week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.

**

Non Shift Work

8.02 The scheduled work week shall be thirty-seven decimal five (37.5) hours and the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 06:00 and 18:00. The normal work week shall be Monday to Friday inclusive.

**

Flexible Hours

8.03 Upon request of an employee and the concurrence of the Employer, an employee may work flexible hours so long as the daily hours amount to seven decimal five (7.5).

Days of Rest

8.04 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.

Monthly Attendance Registers

8.05 Employees will submit monthly attendance registers; only those hours of overtime and absences need be specified.

Compressed Work Week

8.06 Upon request of an employee and the concurrence of the Employer, an employee may complete required hours of work in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.

Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

Shift Work

8.07 "Shift schedule" means the arrangement of shifts over a given period of time not exceeding two (2) consecutive months and, where practical, for a minimum period of twenty-eight (28) consecutive days.

8.08 For employees engaged in shift work, the hours of work shall average thirty-seven decimal five (37.5) hours per week over the period of a shift schedule exclusive of meal periods.

8.09 An employee shall be granted at least two (2) consecutive and continuous days of rest during each eight (8) calendar day period unless operational requirements do not permit.

8.10 In computing the hours of work within a shift schedule, leave and other entitlements will be administered in accordance with the Memorandum of Agreement, Appendix "B".

8.11 For the purpose of this Agreement, when an employee's shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked:

1. on the day it commenced where half (1/2) or more of the hours worked fall on that day;
   or
2. on the day it terminates where more than half (1/2) of the hours worked fall on that day.

8.12 In the scheduling of shift work the Employer shall arrange shifts so that:

1. employees shall rotate through the various shifts in such a manner that the requirements for working night shifts, evening shifts and weekends will be shared on an equitable basis by all employees covered by the shift schedule, to the extent that operational requirements will permit;
2. an employee's shift shall not be scheduled to commence within fifteen (15) hours of the completion of the employee's previous shift;
   and
3. employees shall not be scheduled to work less than seven (7) hours nor more than nine (9) hours in any one (1) shift.

8.13 Every reasonable effort shall be made by the Employer to consider the wishes of the employees concerned in the arrangement of shifts within a shift schedule. Therefore:

1. notwithstanding the provisions of clause 8.12, upon request of at least two-thirds (2/3) of the employees affected and with the concurrence of the Employer, shifts may be scheduled that vary from clause 8.12;
2. notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours under this clause shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

8.14

1. In order to help in the consideration of the wishes of the employees concerned, a provisional shift schedule shall be prepared by the Employer and shall be posted at least two (2) months in advance.
2. Provisional and final shift schedules shall indicate the working hours for each shift. The final shift schedule shall be published at least three (3) weeks prior to the commencement of the said schedule and every effort shall be made by the Employer to ensure that scheduled days of rest are not changed. Where in the opinion of the Employer, briefing of shifts is required, adequate paid time shall be allotted within the shift schedule.

8.15 Provided it will not result in additional costs to the Employer, employees at the same office may exchange shifts with the prior permission of the Employer. Such permission shall not be unreasonably withheld. Once the exchange has been approved, the work schedule will become the official shift schedule of the office.

8.16

1. If an employee is given less than one hundred and twenty (120) hours' advance notice of a change in the employee's shift schedule, the employee will receive compensation at the rate of time and one half (1 1/2) for work performed on the first (1st) shift changed. Subsequent shifts worked on the changed schedule shall be paid for at straight-time and every effort shall be made by the Employer to ensure that scheduled days of rest on the changed schedule are maintained.
2. Notwithstanding 8.16(a),
   1. when a change in a shift schedule is required and the employee agrees it is to the employee's benefit to change the shift schedule, the employee shall be compensated at the straight-time rate for work performed in the first (1st) shift changed;
      and
   2. when an employee requests and the Employer agrees to change the employee's shift schedule, the employee shall be paid at the straight-time rate for work performed on the first (1st) shift of the revised shift schedule.

8.17 A meal period shall be scheduled as close to the mid-point of the shift as possible. In the event that an employee is required by the Employer to work through the meal period, such employee will be paid for the meal period, at the applicable rate.

8.18 Employees will submit monthly attendance records; only absences and hours of overtime need be specified.

Shift Premium

8.19 An employee working a regularly scheduled shift will receive a shift premium of two dollars ($2) per hour for each hour worked, including overtime hours, between 1600 and 0800.

**

Weekend Premium

8.20 Employees shall receive a weekend premium of two dollars ($2) for all scheduled hours worked at straight-time hourly rates on Saturday and/or Sunday. However, the foregoing shall not apply in cases where an employee to whom clause 8.02 applies requests to work on Saturday and/or Sunday.

Article 9
Overtime

**

9.01 When an employee is required by the Employer to work overtime, the employee shall be compensated as follows:

1. on the employee's normal work day, at the rate of time and one-half (1 1/2) for the first (1st) seven decimal five (7.5) hours of overtime worked and at the rate of double (2) time for all hours of overtime in any contiguous period in excess of the first (1st) seven decimal five (7.5) hours;
2. on the employee's first (1st) day of rest, at the rate of time and one-half (1 1/2) for the first (1st) seven decimal five (7.5) hours of overtime worked and at the double (2) time rate for each contiguous hour thereafter;
3. on the employee's second (2nd) or subsequent day of rest,
   1. at the basis of double (2) time for each hour of overtime worked. Second (2nd) or subsequent day of rest means the second (2nd) or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;
   2. notwithstanding paragraph (b) and subparagraph (c)(i) above, if, in an unbroken series of consecutive and contiguous calendar days of rest, the Employer permits the employee to work the required overtime on a day of rest requested by the employee, then the compensation shall be at time and one half (1 1/2) for the first (1st) day worked.

9.02 This clause does not apply to MT Shift Workers:

When an employee is required to work on a designated holiday, compensation shall be granted on the basis of time and one half (1 1/2) for each hour worked, in addition to the compensation that the employee would have been granted had the employee not worked on the designated holiday.

The compensation that the employee would have been granted had the employee not worked on a designated paid holiday is seven decimal five (7.5) hours remunerated at straight-time.

9.03 When an employee works on a holiday, contiguous to a second (2nd) day of rest on which the employee also worked and received overtime in accordance with paragraph 9.01(c), the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times the employee's hourly rate of pay for all time worked.

9.04 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.

9.05 Except in cases of emergency, call-back, stand-by or mutual agreement the Employer shall whenever possible give at least twelve (12) hours' notice of any requirement for the performance of overtime.

9.06 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on September 30.

9.07 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1st) pay period after September 30 of the next following fiscal year.

9.08

1. An employee who works three (3) or more hours of overtime immediately before or immediately following the employee's scheduled hours of work shall be reimbursed for one (1) meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided. Reasonable time with pay to be determined by the Employer shall be allowed the employee in order to take a meal either at or adjacent to the employee's place of work.
2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee's place of work.
3. Paragraphs 9.08(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

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