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35.23 Any grievor who fails to present a grievance to the next higher step within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the grievor's control, the grievor was unable to comply with the prescribed time limits.

35.24 Where a grievance has been presented up to and including the final step in the grievance procedure with respect to:

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

and the grievance has not been resolved, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

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

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

35.26 Expedited Adjudication

The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

The Professional Institute of the Public Service of Canada and the Treasury Board Secretariat agree to establish a process of expedited adjudication, which may be reviewed at any time by the parties and the Public Service Labour Relations Board (PSLRB). The framework is set out below.

1. At the request of either party, a grievance that has been referred to adjudication may be dealt with through expedited adjudication with the consent of both parties.
2. Future cases may be identified for this process by either party, subject to the consent of the parties.
3. When the parties agree that a particular grievance will proceed through expedited adjudication, the Institute will submit to the PSLRB the consent form signed by the grievor or the bargaining agent.
4. The parties may proceed with or without an agreed statement of facts. When the parties arrive at an agreed statement of facts it will be submitted to the PSLRB or to the adjudicator at least forty-eight (48) hours prior to the start of the hearing.
5. No witnesses will testify.
6. The adjudicator will be appointed by the PSLRB from among any of the members of the chairperson group, or any of its members who have had at least two (2) years experience as a member of the Board.
7. Each expedited adjudication session will take place in Ottawa unless the parties and the PSLRB agree otherwise. The cases will be scheduled jointly by the parties and the PSLRB, and will appear on the PSLRB hearing schedule.
8. The adjudicator will make an oral determination at the hearing which will be recorded and initialled by the representatives of the parties. This will be confirmed in a written determination to be issued by the adjudicator within five (5) days of the hearing. The parties may, at the request of the adjudicator, vary the above conditions in a particular case.
9. The adjudicator's determination will be final and binding on all the parties, but will not constitute a precedent. The parties agree not to refer the determination to the Federal Court.

**Article 36
National Joint Council Agreements

36.01 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, and as amended from time to time, will form part of this Collective 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.

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

36.03 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 Collective Agreement:

NJC Directives

• 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
• NJC Relocation Directive
• Public Service Health Care Plan Directive
• Travel Directive
• Uniforms Directive
• Occupational Health and Safety
• Motor Vehicle Operations Directive
• Occupational Health and Safety Directive
• Pesticides Directive

36.04 During the term of this Collective Agreement, other directives, policies or regulations may be added to the above noted list.

36.05 Grievances in regard to the NJC directives, policies or regulations shall be filed in accordance with clause 35.01 of this Collective Agreement.

Article 37
Joint Consultation

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

37.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding career development and proposed technological changes. Consultation may be at the local, regional or national level as determined by the parties.

37.03 Wherever possible, the Employer shall consult with representatives of the Institute at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

Joint Consultation Committee Meetings

37.04 The Consultation Committees shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.

37.05 Employees forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.

37.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this Collective Agreement.

Article 38
Standards of Discipline

38.01 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.

38.02 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to have a representative of the Institute attend the meeting when the representative is readily available. Where practicable, the employee shall receive in writing a minimum of one (1) working day's notice of such meeting as well as its purpose.

38.03 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.

38.04 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 39
Labour Disputes

39.01 If employees whose normal duties are performed on the premises of other employers are prevented from performing their duties because of a strike or lock-out on the other employer's premises, the employees shall report the matter to the Employer and the Employer will make every reasonable effort 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 40
Part-Time Employees

Definition

40.01 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.

General

40.02 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 compare with the normal weekly hours of work of full-time employees unless otherwise specified in this Agreement.

40.03 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, or group specific articles relating to Hours of Work.

40.04 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.

40.05 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.

Designated Holidays

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

40.07 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 time and one-half (1 1/2) the hourly rate of pay for all hours worked on the holiday up to the regular daily scheduled hours of work and double (2) time thereafter.

Overtime

40.08 "Overtime" means work required by the Employer, to be performed by the employee, in excess of those hours prescribed in clause 40.03 but does not include time worked on a holiday.

40.09 Subject to clauses 40.04 and 40.08, when a part-time employee is required by the Employer to work overtime he shall be compensated as follows:

1. on his normal work day, at the rate of time and one half (1 1/2) for each hour of overtime worked for the first (1st) seven decimal five (7.5) overtime hours worked and double (2) time thereafter;
2. on his first (1st) day of rest, at time and one half (1 1/2) for each hour of overtime worked;
3. on his second (2nd) or subsequent day of rest, at 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;
4. notwithstanding paragraph (c) 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.

Vacation Leave

40.10 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, zero decimal two five (0.25) of the hours in his/her workweek per month;
2. when the entitlement is twelve decimal five (12.5) hours a month, zero decimal three three three (0.333) of the hours in his/her workweek per month;
3. when the entitlement is thirteen decimal seven five (13.75) hours per month, zero decimal three six seven (0.367) of the hours in his/her workweek per month;
4. when the entitlement is fourteen decimal three seven five (14.375) hours a month, zero decimal three eight three (0.383) of the hours in his/her workweek per month;
5. when the entitlement is fifteen decimal six two five (15.625) hours a month, zero decimal four one seven (0.417) of the hours in his/her workweek per month;
6. when the entitlement is sixteen decimal eight seven five (16.875) hours a month, zero decimal four five zero (0.450) of the hours in his/her workweek per month;
7. when the entitlement is eighteen decimal seven five (18.75) hours a month, zero decimal five (0.5) of the hours in his/her workweek per month.

Sick Leave

40.11 A part-time employee shall earn sick leave credits at the rate of zero decimal two five (0.25) 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.

Vacation and Sick Leave Administration

40.12

1. For the purposes of administration of clauses 40.10 and 40.11, where an employee does not work the same number of hours each week, the normal workweek 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.

Severance Pay

40.13 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.

40.14 The weekly rate of pay referred to in clause 40.13 shall be the weekly rate of pay to which the employee is entitled for the classification prescribed for the employee's substantive position on the date of termination of employment.

Article 41
Employee Performance Review and Employee Files

41.01 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 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.
3. if, during the employee performance review, either the form or instructions have changed they shall be given to the employee.
4. An employee is entitled to a performance assessment on an annual basis.

41.02

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 his 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.
   A copy of the employee's assessment form shall be provided to the employee 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.

41.03 When an employee disagrees with the assessment and/or appraisal, 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. At the employee's request, such written counter arguments shall be attached to the assessment and/or appraisal.

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

41.05 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 42
Employment References

42.01 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. Personal references requested by a prospective employer outside the Public Service will not be provided without the written consent of the employee.

Article 43
Sexual Harassment

43.01 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.

43.02

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 43.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

Article 44
No Discrimination

**

44.01 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, conviction for which a pardon has been granted, mental or physical disability, or membership or activity in the Institute.

44.02

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 44.02(a), a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

44.03 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 45
Penological Factor Allowance

General

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

45.01 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.

45.02 The payment of the allowance for the Custody of Inmates is determined by the 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

45.03

Penological Factor Allowance
Designated Security level of the Penitentiary

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

Application of PFA

45.04 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 45.01 above are applicable.

45.05 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 Institute.

45.06 Except as prescribed in clause 45.09 below, an employee shall be entitled to receive PFA for any month in which the employee receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.

45.07 Except as provided in clause 45.08 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 (1) position to which PFA applies, the employee shall receive the higher allowance, provided the employee has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.

45.08 When the incumbent of a position to which PFA applies, is temporarily assigned to 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 the employee is temporarily assigned, plus PFA, if applicable, would be less than the employee's basic monthly pay entitlement plus PFA in the employee's regular position, the employee shall receive the PFA applicable to the employee's regular position.

45.09 An employee will be entitled to receive PFA, in accordance with the PFA applicable to the employee's 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 (1) or more inmates.

45.10 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

45.11 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 46
Pay

46.01 Except as provided in clauses 46.01 to 46.07 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.

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

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

46.04 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.

Pay Administration

46.05 When two 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 the 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.

Rates of Pay

46.06

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 therefore;
   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 26 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 46.06(b) for one dollar ($1.00) or less.

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

**

Acting Pay

46.08 When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the required number of consecutive working days or shifts, exclusive of overtime, 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. The required number of consecutive working days or shifts referred to in clause 46.08 is three (3) consecutive scheduled working days or shifts.
2. However, the qualifying period of three (3) consecutive scheduled working days or shifts mentioned above will be reduced to one (1) day or shift for MT-3 employees working shift work.
3. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as time worked for purposes of the qualifying period.

Article 47
Agreement Re-Opener

47.01 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 calendar month after receipt of such notice.

Article 48
Duration

**

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

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

Signed at Ottawa, this 9th day of the month of July 2009.

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