ARCHIVED - Technical Services - TC (DD, EG, GT, PY, PI, TI) 403, 405, 406, 407, 408, 413 - Archived

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Part V: Other Terms and Conditions of Employment

Article 56
Restriction on Outside Employment

56.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

Article 57
Statement of Duties

57.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position's place in the organization.

Article 58
Duty Aboard Vessels

58.01 Nothing in this Agreement shall be construed to impair in any manner whatsoever the authority of the Master.

58.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime.

58.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all employees at any time on immediate call and, notwithstanding any provisions of this Agreement which might be construed to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of which the Master shall be the sole judge.

58.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed the value of those articles up to a maximum of three thousand dollars ($3,000) based on replacement cost.

58.05

1. An employee shall submit to the Employer a full inventory of his or her personal effects and shall be responsible for maintaining it in a current state.
2. An employee or the employee's estate making a claim under this Article shall submit to the Employer reasonable proof of such loss, and shall submit an affidavit listing the individual items and values claimed.

Article 59
Employee Performance Review and Employee Files

59.01

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. A copy of the assessment form will be provided to the employee at that time. An employee's signature on his or her assessment form will 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.
2. The Employer's representative(s) who assess(es) 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.
3. An employee has the right to make written comments to be attached to the performance review form.

59.02

1. Prior to an employee performance review the employee shall be given:
   1. the evaluation form which will be used for the review;
   2. any written document which provides instructions to the person conducting the review;
2. if during the employee performance review, either the form or instructions are changed they shall be given to the employee.

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

Article 60
Penological Factor Allowance

General

60.01 A penological factor allowance (PFA) shall be payable to incumbents in some positions in the bargaining unit which are in Correctional Service Canada, and to incumbents of some positions of Public Works and Government Services Canada whose regular place of work is physically located in a Correctional Service Canada penitentiary, subject to the following conditions.

60.02 The PFA 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.

60.03 The payment of the allowance for the penological factor is determined by the designated security level of the penitentiary as determined by Correctional Service 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

60.04

Penological Factor
Designated Security level of the Penitentiary

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

Application of PFA

60.05 The 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 60.02 above are applicable.

60.06 The applicability of the PFA to a position and the position's level of the PFA entitlement shall be determined by the Employer following consultation with the bargaining agent.

**

60.07 Except as prescribed in clause 60.10 below, an employee shall be entitled to receive the PFA for any month in which he or she receives a minimum of seventy-five (75) hours pay in a position(s) to which the PFA applies.

**

60.08 Except as provided in clause 60.09 below, the PFA shall be adjusted when the incumbent of a position to which the PFA applies, is appointed or assigned duties in another position to which a different level of the 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 the PFA applies, the employee shall receive the higher allowance, provided he or she has performed duties for at least seventy-five (75) hours as the incumbent of the position to which the higher allowance applies.

60.09 When the incumbent of a position to which the 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 or she is temporarily assigned, plus PFA, if applicable, would be less than his or her basic monthly pay entitlement plus the PFA in his or her regular position, the employee shall receive the PFA applicable to his or her regular position.

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

60.11 The PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:

• PublicService Superannuation Act
• Public Service Disability Insurance Plan
• Canada Pension Plan
• Quebec Pension Plan
• Employment Insurance
• Government Employees Compensation Act
• Flying Accident Compensation Regulations

60.12 If, in any month, an employee is disabled or dies prior to establishing an entitlement to the 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 61
Wash-Up Time

61.01 Where the Employer determines that due to the nature of the work there is a clear cut need, wash-up time up to a maximum of ten (10) minutes will be permitted before the end of the working day.

Article 62
Dangerous Goods

62.01 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 he or she is 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.

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