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List of Changes to the Agreement between
the Treasury Board and
The Federal-Government
Dockyard Trades and Labour
Council (East) (Continued)
Article 13
Other Types of Leave With or Without Pay
13.14 Leave With Pay for Family-Related Responsibilities
(b) Leave with pay shall be granted under the following circumstances:
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**
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(c) The total leave with pay which may be granted under sub-clause (b)(i), (ii) and (iii) shall not exceed forty (40) hours in a fiscal year.
Article 15
Hours of Work and Overtime
15.15
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(a) Notwithstanding the provisions of clauses 15.09 and 17.03, an employee may request, in lieu of overtime payment, compensatory leave with pay for a maximum credit equivalent to forty (40) hours straight-time pay at any one time in a fiscal year. Approval of the Employer shall not be unreasonably withheld.
15.17 Overtime Meal Allowance
(a) A meal allowance of ten dollars and fifty cents ($10.50)will be paid:
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Article 17
Travelling
17.07 Travel Status Leave
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(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his permanent residence for forty (40) nights during a fiscal year shall be granted eight (8) hours of time off with pay. The employee shall be credited with eight (8) additional hours of time off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) nights.
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(b) The maximum number of hours off earned under this clause shall not exceed forty (40) hours in a fiscal year and shall accumulate as compensatory leave with pay.
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The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars unless the employee is required to attend by the Employer.
**Article 19
Grievance Procedure
19.01 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 15.0 of the NJC By-Laws.
19.02 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 agree in writing to avail themselves of an informal conflict management system established pursuant to section 207 of the Public Service Labour Relations Act, the time limits prescribed in this Grievance Procedure are suspended until either party gives the other notice in writing to the contrary.
19.03 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.
19.04 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Council Representative.
19.05 Where the provisions of clauses 19.07, 19.24 or 19.38 cannot be complied with and 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 day 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 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.
19.06 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.
Individual Grievances
19.07 An employee who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the grievance was received by the Employer.
19.08 Presentation of grievance
(1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved
(ii) a provision of a collective agreement or an arbitral award;
or
(b) 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.
19.09 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:
(a) Level 1 - first (1st) level of management;
(b) Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);
(c) Final level: the Deputy Minister (or his equivalent) or his delegated representative.
Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.
19.10 Representatives
(a) 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 title of the person so designated together with the title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.
(b) 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 Council.
19.11 An employee may be assisted and/or represented by the Council when presenting a grievance at any level. The Council shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
19.12 An employee may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 19.07, not later than the twenty-fifth (25th) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to grievance.
19.13 An employee may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:
(a) where the decision is not satisfactory to the employee, within ten (10) days after that decision has been conveyed in writing to the employee by the Employer,
or
(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 19.14, within twenty-five (25) days after he presented the grievance at the previous level.
19.14 The Employer shall normally reply to an employee's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.
19.15 Where an employee has been represented by the Council in the presentation of his grievance, the Employer will provide the Council 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 employee.
19.16 Where a grievance has been presented up to and including the final level in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding and no further action may be taken under thePublic Service Labour Relations Act.
19.17 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 employee, and, where applicable, the Council.
19.18 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 may be presented at the final level only.
19.19 An employee may by written notice to his immediate supervisor or officer-in-charge withdraw a grievance.
19.20 Any employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits.
19.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his grievance or refrain from exercising his right to present a grievance, as provided in this Collective Agreement.
19.22 Reference to Adjudication
(1) An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee's satisfaction if the grievance is related to:
(b) a disciplinary action resulting in termination, demotion, suspension or financial penalty;
(c) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct,
(2) When an individual 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).
(4) Nothing in subsection (1) above is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to
or
(b) any deployment under the Public Service Employment Act, other than the deployment of the employee who presented the grievance.
19.23 Before referring an individual grievance related to matters referred to in paragraph 19.22(1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings.
Group Grievances
19.24 The Council may present a grievance at any prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
and
(b) provide the Council with a receipt stating the date on which the grievance was received by the Employer.
19.25 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 Council 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) The Council 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) Despite subsection (4), the Council 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 Council 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) The Council 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.
19.26 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:
(a) Level 1 - first (1st) level of management;
(b) Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);
(c) Final level: the Deputy Minister (or his equivalent) or his delegated representative.
Whenever there are four (4) levels in the grievance procedure, the Council may elect to waive either Level 2 or 3.
19.27 The Employer shall designate a representative at each level in the grievance procedure and shall inform the Council of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.
19.28 The Council shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
19.29 The Council may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 19.24, no later than the twenty-fifth (25th) day after the earlier of the day on which the aggrieved employees received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.
19.30 The Council may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:
(a) where the decision or offer for settlement is not satisfactory to the Council, within ten (10) days after that decision or offer for settlement has been conveyed in writing to the Council by the Employer,
or
(b) where the Employer has not conveyed a decision to the Council within the time prescribed in clause 19.31, within twenty-five (25) days after the Council presented the grievance at the previous level.
19.31 The Employer shall normally reply to the Council's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.
19.32 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 Council.
19.33 The Council may by written notice to the officer-in-charge withdraw a grievance.
19.34 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 Council that the employee no longer wishes to be involved in the group grievance.
(2) The Council shall provide to the representatives of the Employer authorized to deal with the grievance, a copy of the notice received pursuant to paragraph (1) above.
(3) After receiving the notice, the Council may not pursue the grievance in respect of the employee.
19.35 The Council failing to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond its control, it was unable to comply with the prescribed time limits.
19.36 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Council to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.
19.37 Reference to Adjudication
(1) The Council 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
19.38 The Employer and the Council may present a grievance at the prescribed level in the grievance procedure, and forward the grievance to the representative of the Council 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.
19.39 Presentation of Policy Grievance
(1) The Employer and the Council may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally.
(2) Neither the Employer nor the Council may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act.
(3) Despite subsection (2), neither the Employer nor the Council may present a policy grievance in respect of the right to equal pay for work of equal value.
(4) The Council may not present a policy 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.
(5) For the purposes of subsection (4), 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.
19.40 There shall be no more than one (1) level in the grievance procedure.
19.41 The Employer and the Council shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.
19.42 The Employer and the Council may present a grievance in the manner prescribed in clause 19.38, 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.
19.43 The Employer and the Council shall normally reply to the grievance within sixty (60) days when the grievance is presented.
19.44 The Employer or the Council, as the case may be, may by written notice to the officer-in-charge withdraw a grievance.
19.45 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Employer or the Council to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.
19.46 Reference to Adjudication
(1) A party that presents a policy grievance may refer it to adjudication.
(2) When a policy 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).
