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Agreement Between the Treasury Board and the Public Service Alliance of Canada

Group: Technical Services
(all employees)

Expiry Date: June 21, 2011

This Agreement covers the following classifications:

Code Classification
403 Drafting and Illustration (DD)
405 Engineering and Scientific Support (EG)
406 General Technical (GT)
407 Photography (PY)
408 Primary Products Inspection (PI)
413 Technical Inspection (TI)


**Asterisks denote changes from the previous collective agreement.

Table of Contents

Part I: General

Part II: Union Security and Staff Relations Matters

Part III: Working Conditions

Part IV: Leave Provisions

Part V: Other Terms and Conditions of Employment

Part VI: Part-Time Employees

Part VII: Pay and Duration

**Appendix A

**Memoranda of Agreement

Appendix B

**Appendix C

**Appendix D

**Appendix E

**Appendix F

**Appendix G

**Appendix H

**Appendix I

**Appendix J

Appendix K

Appendix L

**Appendix M

**Appendix N

**Appendix O

**Appendix P

Appendix Q

Appendix R

Appendix S

**Appendix T

**Appendix U



Part I: General

Article 1
Purpose and Scope of Agreement

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Alliance and the employees and to set forth herein certain terms and conditions of employment upon which agreement has been reached through collective bargaining.

1.02 The parties to this Agreement share a desire to improve the quality of the public service of Canada and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and efficiently 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 units are employed.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement:

"Alliance" (Alliance)
means the Public Service Alliance of Canada.
"allowance" (indemnité)
means compensation payable for the performance of special or additional duties.
"alternate provision" (disposition de dérogation)
means a provision of this Agreement which may only have application to certain employees.
"bargaining unit" (unité de négociation)
means the employees of the Employer in the group described in Article 9.
"common-law partner" (conjoint de fait)
means a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year.
"compensatory leave" (congé compensateur)
means leave with pay in lieu of cash payment for overtime, work performed on a designated paid holiday, travelling time compensated at overtime rate, call-back, reporting pay and standby pay. The duration of such leave will be equal to the time compensated or the minimum time entitlement, multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken.

**

"continuous employment" (emploi continu)
has the same meaning as specified in the existing Directive on Terms and Conditions of Employment of the Employer on the date of signing of this Agreement.
"daily rate of pay" (taux de rémunération journalier)
means a full-time employee's weekly rate of pay divided by five (5).
"day" (jour)
means a twenty-four (24) hour period commencing at 00:01 hour.
"day of rest" (jour de repos)
in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave or absent from duty without permission.
"double time" (tarif double)
means two (2) times the employee's hourly rate of pay.

**

"employee" (employé-e)
means a person so defined in the Public Service Labour Relations Act and who is a member of the bargaining unit specified in Article 9.
"Employer" (Employeur)
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.

**

"family" (famille)
except where otherwise specified in this Agreement, means father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee, grandchild, father-in-law, mother-in-law, the employee's grandparents and relative permanently residing in the employee's household or with whom the employee permanently resides.
"holiday" (jour férié)

means:

  1. the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in this Agreement,
  2. however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed 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.

**

"hourly rate of pay" (taux de rémunération horaire)
means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5).
"layoff" (mise en disponibilité)
means the termination of an employee's employment because of lack of work or because of the discontinuance of a function.
"leave" (congé)
means authorized absence from duty by an employee during his or her regular or normal hours of work.
"membership dues" (cotisations syndicales)
means the dues established pursuant to the constitution of the Alliance as the dues payable by its members as a consequence of their membership in the Alliance, and shall not include any initiation fee, insurance premium, or special levy.
"overtime" (heures supplémentaires)

means:

  1. in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work,
    or

**

  1. in the case of a part-time employee, authorized work in excess of seven decimal five (7.5) hours per day or thirty-seven decimal five (37.5) hours per week, but does not include time worked on a holiday,
    or

**

  1. in the case of a part-time employee whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day in accordance with the Variable Hours of Work provisions (clauses 25.10 to 25.13), authorized work in excess of those normal scheduled daily hours or an average of thirty-seven decimal five (37.5) hours per week.
"remuneration" (rémunération)
means pay and allowances.
"spouse" (époux)
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.
"straight-time rate" (tarif normal)
means the employee's hourly rate of pay.
"time and one-half" (tarif et demi)
means one and one-half (1 1/2) times the employee's hourly rate of pay.
"time and three-quarters" (tarif et trois quarts)
means one and three-quarters (1 3/4) times the employee's hourly rate of pay.
"weekly rate of pay" (taux de rémunération hebdomadaire)
means an employee's annual rate of pay divided by 52.176.

**

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
Application

3.01 The provisions of this Agreement apply to the Alliance, the employees and the Employer.

3.02 The English and French texts of this Agreement shall be official.

Article 4
State Security

4.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations 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.

Article 5
Precedence of Legislation and the Collective Agreement

5.01 In the event that any law passed by Parliament, applying to public service employees covered by this Agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of the Agreement.

Article 6
Managerial Responsibilities

6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the public service.

Article 7
National Joint Council Agreements

**

7.01 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 will form part of this 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(b) of the PSLRA.

**

7.02 The NJC items which may be included in a collective agreement are those which the 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 clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

**

7.03

  1. The following directives, 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 Agreement:
    • 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
    • Public Service Health Care Plan Directive
    • NJC Relocation Directive
    • Travel Directive
    • Uniforms Directive
    • Occupational Health and Safety
      • Occupational Health and Safety Directive
      • Committees and Representatives Directive
      • Motor Vehicle Operations Directive
      • Pesticides Directive
      • Refusal to Work Directive
  2. During the term of this Agreement, other directives may be added to the above noted list.

7.04 Grievances in regard to the above directives shall be filed in accordance with clause 18.01 of the article on grievance procedure in this Agreement.

Article 8
Dental Care Plan

8.01 The Dental Care plan as contained in the Master Agreement between the Treasury Board and the Public Service Alliance of Canada with an expiry date of June 30, 1988, and as subsequently amended from time to time, shall be deemed to form part of this Agreement.



Part II: Union Security and Staff Relations Matters

Article 9
Recognition

**

9.01 The Employer recognizes the Alliance as the exclusive bargaining agent for all employees of the Employer described in the certificate issued by the former Public Service Staff Relations Board on June 10, 1999 covering employees of the Technical Services Group (currently classified in accordance with the Drafting and Illustration (DD), the Engineering and Scientific Support (EG), the General Technical (GT), the Photography (PY), the Primary Products Inspection (PI), or the Technical Inspection (TI) classification standards).

Article 10
Information

10.01 The Employer agrees to supply the Alliance each quarter with the name, geographic location and classification of each new employee.

10.02 The Employer agrees to supply each employee with a copy of this Agreement and will endeavour to do so within one (1) month after receipt from the printer.

Article 11
Check-Off

11.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees. Where an employee does not have sufficient earnings in respect of any month to permit deductions made under this Article, the Employer shall not be obligated to make such deduction from subsequent salary.

11.02 The Alliance shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee.

11.03 For the purpose of applying clause 11.01, deductions from pay for each employee in respect of each calendar month will start with the first (1st) full calendar month of employment to the extent that earnings are available.

**

11.04 An employee who satisfies the Alliance as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved. The Alliance will inform the Employer accordingly.

**

11.05 No employee organization, as defined in section 2 of the Public Service Labour Relations Act, other than the Alliance, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees.

11.06 The amounts deducted in accordance with clause 11.01 shall be remitted to the Comptroller of the Alliance by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf.

11.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

11.08 The Alliance agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Employer limited to the amount actually involved in the error.

Article 12
Use of Employer Facilities

12.01 Reasonable space on bulletin boards in convenient locations, including electronic bulletin boards where available, will be made available to the Alliance for the posting of official Alliance notices. The Alliance shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices related to the business affairs of the Alliance, including the names of Alliance representatives, and social and recreational events. Such approval shall not be unreasonably withheld.

12.02 The Employer will also continue its present practice of making available to the Alliance specific locations on its premises, and where it is practical to do so on vessels, for the placement of reasonable quantities of literature of the Alliance.

12.03 A duly accredited representative of the Alliance may be permitted access to the Employer's premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer. In the case of access to vessels, the Alliance representative upon boarding any vessel must report to the Master, state his or her business and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and normal operation of the vessels.

12.04 The Alliance shall provide the Employer a list of such Alliance representatives and shall advise promptly of any change made to the list.

Article 13
Employee Representatives

13.01 The Employer acknowledges the right of the Alliance to appoint or otherwise select employees as representatives.

13.02 The Alliance and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of organization, the number and distribution of employees at the workplace and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/adjudication procedure.

13.03 The Alliance shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 13.02.

13.04

  1. A representative shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to his or her supervisor before resuming his or her normal duties.
  2. Where practicable, when management requests the presence of an Alliance representative at a meeting, such request will be communicated to the employee's supervisor.
  3. An employee shall not suffer any loss of pay when permitted to leave his or her work under paragraph (a).

13.05 The Alliance shall have the opportunity to have an employee representative introduced to new employees as part of the Employer's formal orientation programs, where they exist.

Article 14
Leave With or Without Pay for Alliance Business

**

Complaints made to the Public Service Labour Relations Board Pursuant to section 190(1) of the Public Service Labour Relations Act

**

14.01 When operational requirements permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190(1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a), or 189(1)of the PSLRA, the Employer will grant leave with pay:

**

  1. to an employee who makes a complaint on his or her own behalf, before the Public Service Staff Labour Board,
    and
  2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Alliance making a complaint.

Applications for Certification, Representations and Interventions with respect to Applications for Certification

14.02 When operational requirements permit, the Employer will grant leave without pay:

  1. to an employee who represents the Alliance in an application for certification or in an intervention,
    and
  2. to an employee who makes personal representations with respect to a certification.

14.03 The Employer will grant leave with pay:

**

  1. to an employee called as a witness by the Public Service Labour Relations Board,
    and
  2. when operational requirements permit, to an employee called as a witness by an employee or the Alliance.

**

Arbitration Board Hearings, Public Interest Commission Hearings and Alternate Dispute Resolution Process

**

14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Alliance before an Arbitration Board, a Public Interest Commission or in an Alternate Dispute Resolution Process.

**

14.05 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, a Public Interest Commission or in an Alternate Dispute Resolution Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Alliance.

Adjudication

14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:

  1. a party to the adjudication,
  2. the representative of an employee who is a party to an adjudication,
    and
  3. a witness called by an employee who is a party to an adjudication.

Meetings During the Grievance Process

14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of his or her grievance, the Employer will, where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters area.

14.08 Subject to operational requirements,

  1. when the Employer originates a meeting with a grievor in his or her headquarters area, he or she will be granted leave with pay and "on duty" status when the meeting is held outside the grievor's headquarters area,
  2. when a grievor seeks to meet with the Employer, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area,
    and
  3. when an employee representative attends a meeting referred to in this clause, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area.

Contract Negotiation Meetings

14.09 When operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Alliance.

Preparatory Contract Negotiation Meetings

14.10 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.

Meetings Between the Alliance and Management not Otherwise Specified in this Article

14.11 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Alliance.

14.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings of the Board of Directors of the Alliance, meetings of the National Executive of the Components, Executive Board meetings of the Alliance, and conventions of the Alliance, the Components, the Canadian Labour Congress and the Territorial and Provincial Federations of Labour.

Representatives' Training Courses

14.13 When operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Alliance to undertake training related to the duties of a representative.

Article 15
Labour Disputes

15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another Employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

Article 16
Illegal Strikes

**

16.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment pursuant to paragraph 12(1)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Public Service Labour Relations Act.

Article 17
Discipline

**

17.01 When an employee is suspended from duty or terminated in accordance with paragraph 12(1)(c) of the Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.

17.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Alliance attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day's notice of such a meeting.

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

17.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.

17.05 Any document or written statement related to 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 18
Grievance Procedure

18.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council 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 of the NJC by-laws.

Individual Grievances

18.02 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:

  1. by the interpretation or application, in respect of the employee, of:
    1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment;
      or
    2. a provision of the collective agreement or an arbitral award;
    or
  2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Group Grievances

18.03 Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Alliance may present a group grievance to the Employer 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 the collective agreement or an arbitral award.

  1. In order to present a group grievance, the Alliance must first obtain the written consent of each of the employees concerned.
  2. A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.
  3. A group grievance must relate to employees in a single portion of the Federal Public Administration.

Policy Grievances

18.04 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Alliance or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award.

  1. A policy grievance may be presented by the Alliance only at the final level of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Alliance of the name, title and address of this representative.
  2. The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Alliance. The Alliance shall inform the Employer of the name, title and address of this representative.

Grievance Procedure

18.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Alliance.

18.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

18.07 The parties recognize the value of informal discussion between employees and their supervisors and between the Alliance and the Employer to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee or the Alliance, within the time limits prescribed in clause 18.15, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

18.08 A grievor wishing 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:

  1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
    and
  2. provide the grievor with a receipt stating the date on which the grievance was received.

18.09 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.

18.10 Subject to and as provided for in the Public Service Labour Relations Act, a grievor who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 18.08, except that:

  1. where there is another administrative procedure provided by or under any Act of Parliament to deal with the grievor's specific complaint such procedure must be followed,
    and
  2. where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral award, an employee is not entitled to present the grievance unless he has the approval of and is represented by the Alliance.

18.11 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

  1. Level 1 - first level of management;
  2. Levels 2 and 3 in departments or agencies where such a levels are established - intermediate level(s);
  3. Final Level - Chief Executive or deputy head or an authorized representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.

No Employer representative may hear the same grievance at more than one level in the grievance procedure.

18.12 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 name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

18.13 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 Alliance.

18.14 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any level. The Alliance shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

18.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 18.08, not later than the twenty-fifth (25th) day after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. The Employer may present a policy grievance in the manner prescribed in clause 18.04 not later than the twenty-fifth (25th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.

18.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:

  1. where the decision or settlement is not satisfactory to the grievor, within ten (10) days after that decision or settlement has been conveyed in writing to the grievor by the Employer,
    or
  2. where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 18.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

18.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within thirty (30) days. The Alliance shall normally reply to a policy grievance presented by the Employer within thirty (30) days.

18.18 Where an employee has been represented by the Alliance in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Alliance 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.

18.19 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

18.20 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.

18.21 Where the provisions of clause 18.08 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 the 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.

18.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Alliance representative.

18.23 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 grievor, and, where applicable, the Alliance.

18.24 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 shall be presented at the final level only.

18.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.

18.26 Any grievor 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 the grievor's control, the grievor was unable to comply with the prescribed time limits.

18.27 Where a grievance has been presented up to and including the final level 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 dealt with to the grievor's satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

18.28 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 Alliance signifies:

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

Expedited Adjudication

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

  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. When the parties agree that a particular grievance will proceed through expedited adjudication, the Alliance will submit to the PSLRB the consent form signed by the grievor or the bargaining agent.
  3. 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 the hearing.
  4. No witnesses will testify.
  5. The Adjudicator will be appointed by the PSLRB from among its members who have had at least three (3) years experience as a member of the Board.
  6. 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 schedule.
  7. 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.
  8. 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 19
No Discrimination

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

19.02

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

19.03 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.

19.04 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 any restriction pursuant to the Access to Information Act and the Privacy Act.

Article 20
Sexual Harassment

20.01 The Alliance 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 workplace.

20.02

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

20.03 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.

20.04 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 any restriction pursuant to the Access to Information Act and the Privacy Act.

Article 21
Joint Consultation

21.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.

21.02 Within five (5) days of notification of consultation served by either party, the Alliance shall notify the Employer in writing of the representatives authorized to act on behalf of the Alliance for consultation purposes.

21.03 Upon request of either party, the parties to this Agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

21.04 Without prejudice to the position the Employer or the Alliance may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the parties.

Article 22
Health and Safety

22.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Alliance, and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.

Article 23
Job Security

23.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.

Article 24
Technological Change

24.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, Appendix T on Workforce Adjustment will apply. In all other cases the following clauses will apply.

24.02 In this Article "Technological Change" means:

  1. the introduction by the Employer of equipment or material of a different nature than that previously utilized;
    and
  2. a change in the Employer's operation directly related to the introduction of that equipment or material.

24.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.

24.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days written notice to the Alliance of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.

24.05 The written notice provided for in clause 24.04 will provide the following information:

  1. the nature and degree of the technological change;
  2. the date or dates on which the Employer proposes to effect the technological change;
  3. the location or locations involved;
  4. the approximate number and type of employees likely to be affected by the technological change;
  5. the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.

24.06 As soon as reasonably practicable after notice is given under clause 24.04, the Employer shall consult meaningfully with the Alliance concerning the rationale for the change and the topics referred to in paragraph 24.05 on each group of employees, including training.

24.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of the employee's substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours without loss of pay and at no cost to the employee.



Part III: Working Conditions

Article 25
Hours of Work

Alternate Provision

This Article does not apply to employees in the PI bargaining unit (see provisions of Appendix M).

25.01 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.

25.02 The Employer agrees that, before a schedule of working hours is changed, the changes will be discussed with the appropriate steward of the Alliance if the change will affect a majority of the employees governed by the schedule.

25.03 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

25.04

**

  1. Except as provided for in clause 25.09, the normal work week shall be thirty-seven decimal five (37.5) hours exclusive of lunch periods, comprising five (5) days of seven decimal five (7.5) hours each, Monday to Friday. The workday shall be scheduled to fall within a nine (9) hour period between the hours of 06:00 and 18:00, unless otherwise agreed in consultation between the Alliance and the Employer at the appropriate level.
  2. The scheduled weekly and daily hours of work stipulated in 25.04(a) may be varied by the Employer, following consultation with the Alliance, to allow for summer and winter hours, provided the annual total is not changed.

**

25.05 Subject to operational requirements as determined by the Employer from time to time, an employee shall have the right to select and request flexible hours between 06:00 and 18:00 and such request shall not be unreasonably denied.

**

25.06 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period 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 workday for the employee.

25.07 Two (2) rest periods of fifteen (15) minutes each shall be scheduled during each normal day for non-operating employees. The Employer agrees, where operational requirements permit, to continue the present practice of providing rest periods for operating employees.

25.08 If an employee is given less than seven (7) days' advance notice of a change in his or her shift schedule, the employee will receive a premium rate of time and one-half (1 1/2) for work performed on the first shift changed. Subsequent shifts worked on the new schedule shall be paid for at straight time. Such employee shall retain his or her previously scheduled days of rest next following the change or if worked, such days of rest shall be compensated in accordance with the overtime provisions of this Agreement.

25.09 For employees who work on a rotating or irregular basis:

**

  1. Normal hours of work shall be scheduled so that employees work:
    1. an average of thirty-seven decimal five (37.5) hours per week and an average of five (5) days per week;
      and
    2. seven decimal five (7.5) hours per day.
  2. The Employer shall make every reasonable effort to schedule a meal break of one-half (1/2) hour during each full shift which shall not constitute part of the work period. Such meal break shall be scheduled as close as possible to the midpoint of the shift, unless an alternate arrangement is agreed to at the appropriate level between the Employer and the employee. If an employee is not given a meal break scheduled in advance, all time from the commencement to the termination of the employee's full shift shall be deemed time worked.
  3. When an employee's scheduled 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 one-half (1/2) or more of the hours worked fall on that day;
      or
    2. on the day it terminates where more than one-half (1/2) of the hours worked fall on that day.
    Accordingly, the first (1st) day of rest will be deemed to start immediately after midnight of the calendar day on which the employee worked or is deemed to have worked his or her last scheduled shift; and the second (2nd) day of rest will start immediately after midnight of the employee's first (1st) day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.
  4. Every reasonable effort shall be made by the Employer:
    1. not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's previous shift;
    2. to avoid excessive fluctuations in hours of work;
    3. to consider the wishes of the majority of employees concerned in the arrangement of shifts within a shift schedule;
    4. to arrange shifts over a period of time not exceeding fifty-six (56) days and to post schedules at least fourteen (14) days in advance of the starting date of the new schedule;
    5. to grant an employee a minimum of two (2) consecutive days of rest.
  5. In order to continue the present scheduling practices for upper air technicians, the provisions of subparagraphs 25.09(a)(ii) and (d)(i) will not apply.
  6. Subject to paragraphs 25.09(a) through 25.09(e), scheduling practices will continue in specialized areas as follows:
    1. ice observers aboard icebreakers shall work fifty-six (56) hours per week;
    2. upper air technicians shall work not less than five (5) hours per shift.
  7. Notwithstanding the provisions of this Article, it may be operationally advantageous to implement work schedules for employees that differ from those specified in this clause. Any special arrangement may be at the request of either party and must be mutually agreed between the Employer and the majority of employees affected.

Terms and Conditions Governing the Administration of Variable Hours of Work

25.10 The terms and conditions governing the administration of variable hours of work implemented pursuant to paragraphs 25.04(b), 25.06, and 25.09(g) are specified in clauses 25.10 to 25.13. This Agreement is modified by these provisions to the extent specified herein.

25.11 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.

25.12

**

  1. The scheduled hours of work of any day, may exceed or be less than seven decimal five (7.5) hours; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Employer and the daily hours of work shall be consecutive.

**

  1. Such schedules shall provide an average of thirty-seven decimal five (37.5) hours of work per week over the life of the schedule.
    1. The maximum life of a schedule for shift workers shall be six (6) months.
    2. The maximum life of a schedule for Day workers shall be twenty-eight (28) days, except when the normal weekly and daily hours of work are varied by the Employer to allow for summer and winter hours in accordance with paragraph 25.04(b), in which case the life of a schedule shall be one (1) year.
  2. Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

25.13 For greater certainty, the following provisions of this Agreement shall be administered as provided for herein:

  1. Interpretation and Definitions (clause 2.01)
    • "Daily rate of pay" - shall not apply.
  2. Minimum Number of Hours Between Shifts (subparagraph 25.09(d)(i))
    • The minimum period between the end of the employee's shift and the beginning of the next one, shall not apply.
  3. Exchange of Shifts (clause 25.03)
    • On exchange of shifts between employees, the Employer shall pay as if no exchange had occurred.
  4. Designated Paid Holidays (clause 32.05)
    **
    1. A designated paid holiday shall account for seven decimal five (7.5) hours.
    2. When an employee works on a designated paid holiday, the employee shall be compensated, in addition to the pay for the hours specified in subparagraph (i), at time and one-half (1 1/2) up to his or her regular scheduled hours worked and at double (2) time for all hours worked in excess of his or her regular scheduled hours.
  5. Travel
    • Overtime compensation referred to in clause 34.04 shall only be applicable on a workday for hours in excess of the employee's daily scheduled hours of work.

**

  1. Acting Pay
    • The qualifying period for acting pay as specified in paragraph 65.07(a) shall be converted to hours.
  2. Shift Premium
    • Shift work employees on variable hour shift schedules pursuant to Appendix D of this agreement will receive a shift premium in accordance with clause 27.01.
  3. Overtime
    • Overtime shall be compensated for all work performed on regular working days or on days of rest at time and three-quarters (1 3/4).

Article 26
Shift Principle

26.01

**

  1. When a full-time indeterminate employee is required to attend one of the following proceedings outside a period that extends before or beyond three (3) hours his or her scheduled hours of work on a day during which he or she would be eligible for a shift premium, the employee may request that his or her hours of work on that day be scheduled between 07:00 and 18:00. Such request will be granted provided there is no increase in cost to the Employer. In no case will the employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours of rest between the time his or her attendance was no longer required at the proceeding and the beginning of his or her next scheduled work period.
    **
    1. Public Service Labour Relations Board Proceedings
      • (clauses 14.01, 14.02, 14.04, 14.05 and 14.06)
    2. Contract negotiation and preparatory contract negotiation meetings
      • (clauses 14.09 and 14.10)
    3. Personnel selection process
      • (Article 53)
    4. To write Provincial certification examinations that are a requirement for the continuation of the performance of the duties of the employee's position
    5. Training courses that the employee is required to attend by the Employer
  2. Notwithstanding paragraph (a), proceedings described in subparagraph (v) are not subject to the condition that there be no increase in cost to the Employer.

Article 27
Shift and Weekend Premiums

Excluded Provisions

This Article does not apply to employees on day work, covered by clauses 25.04 to 25.06, or clause 25.04 of Appendix M.

**

27.01 Shift Premium

An employee working on shifts will receive a shift premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, between 16:00 and 08:00. The shift premium will not be paid for hours worked between 08:00 and 16:00.

27.02 Weekend Premium

  1. An employee working on shifts during the weekend will receive an additional premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.
  2. Where Saturday and Sunday are not recognized as the weekend at a mission abroad, the Employer may substitute two (2) other contiguous days to conform to local practice.

Article 28
Overtime

28.01 Each fifteen (15) minute period of overtime shall be compensated for at the following rates:

  1. time and one-half (1 1/2) except as provided for in paragraph 28.01(b);

**

  1. double (2) time for each hour of overtime worked after fifteen (15) hours' work in any twenty-four (24) hour period or after seven decimal five (7.5 ) hours' work on the employee's first (1st) day of rest, and for all hours worked on the second (2nd) or subsequent day of rest. Second (2nd) or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest.

28.02

  1. Overtime shall be compensated in cash except that, upon request of an employee and with the approval of the Employer, or at the request of the Employer and with the concurrence of the employee, overtime may be compensated in equivalent leave with pay.
  2. The Employer shall endeavour to make cash payment for overtime in the pay period following that in which the credits were earned.
  3. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
  4. Compensatory leave with pay not used by the end of a twelve (12) month period, to be determined by the Employer, will be paid for in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the end of the twelve (12) month period.

28.03 Subject to the operational requirements of the service, the Employer shall make every reasonable effort:

  1. to allocate overtime work on an equitable basis amongst readily available, qualified employees;
    and
  2. to give employees who are required to work overtime adequate advance notice of the requirement.

28.04 The Alliance is entitled to consult the deputy minister or the deputy minister's representative whenever it is alleged that employees are required to work unreasonable amounts of overtime.

28.05

  1. If an employee is given instructions before the beginning of the employee's meal break or before the midpoint of the employee's workday whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of two (2) hours' pay at straight time, whichever is the greater.
  2. If an employee is given instructions, after the midpoint of the employee's workday or after the beginning of his or her meal break whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of three (3) hours' pay at straight time, whichever is the greater.
  3. When an employee is required to report for work and reports under the conditions described in (a) or (b) above, and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:
    1. mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her automobile when the employee travels by means of the employee's own automobile,
      or
    2. out-of-pocket expenses for other means of commercial transportation.

28.06 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

28.07 Notwithstanding the provisions of this Agreement for the payment of double (2) time, aerological observers shall be compensated at double (2) time as follows:

**

  1. for all hours worked in excess of seven decimal five (7.5) hours beyond what was scheduled for a normal day;
  2. for all hours worked in excess of scheduled hours on a first (1st) day of rest, whether the period of work is a contiguous period or not (these days are identified on the shift schedules);
  3. for all hours worked on a second (2nd) day of rest (these days are identified on the shift schedules);
  4. for all hours worked in excess of the scheduled hours of work on a designated holiday.

28.08 Within five (5) days of notification of consultation served by either party the Alliance shall notify the Employer in writing of the representative authorized to act on behalf of the Alliance for consultation purposes.

Meal Allowance

To apply to all groups except PI

28.09

  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 ($10.00), except where free meals are provided.
  2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in (a), the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars ($10.00) for each additional four (4) hour period thereafter, except where free meals are provided.
  3. 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.
  4. Meal allowances under this clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

28.10 To apply to PI group only

An employee who works three (3) or more hours of overtime:

  1. immediately before the employee's scheduled hours of work and who has not been notified of the requirement prior to the end of his or her last scheduled work period,
    or
  2. immediately following the employee's scheduled hours of work

shall be reimbursed for one (1) meal in the amount of ten dollars ($10.00), except where free meals are provided. When an employee works additional overtime continuously extending three (3) hours or more beyond the periods provided for in (a) and (b) above, the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars ($10.00) for each additional three (3) consecutive hours worked, except where free meals are provided.

Reasonable time with pay, to be determined by management, shall be allowed the employee in order that the meal break may be taken either at or adjacent to the employee's place of work. This clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

28.11 When a contractor plans to close a plant between two (2) designated paid holidays or between a designated paid holiday and a weekend in order to give the contractor's employees an extended holiday period, Resident Inspectors of the Department of National Defence may be required to work the same days of rest as those worked by the contractors' employees at the straight-time rate and take lieu days to coincide with the plant's shutdown.

28.12 An employee who receives a call to duty or responds to a telephone or data line call while on standby or at any other time outside of his or her scheduled hours of work, may at the discretion of the Employer work at the employee's residence or at another place to which the Employer agrees. In such instances, the employee shall be paid the greater of:

  1. compensation at the applicable overtime rate for any time worked,
    or
  2. compensation equivalent to one (1) hour's pay at the straight-time rate, which shall apply only the first time an employee performs work during an eight (8) hour period, starting when the employee first commences the work.

Article 29
Call-Back Pay

Alternate Provisions

Clauses 29.01 and 29.02 do not apply to employees covered by 29.03.

29.01 If an employee is called back to work:

  1. on a designated paid holiday which is not the employee's scheduled day of work,
    or
  2. on the employee's day of rest,
    or
  3. after the employee has completed his or her work for the day and has left his or her place of work,
    and returns to work, the employee shall be paid the greater of:
    1. compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours' compensation in an eight (8)-hour period. Such maximum shall include any reporting pay pursuant to clause 32.06 and the relevant reporting pay provisions,
      or
    2. compensation at the applicable rate of overtime compensation for time worked,
    provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
  4. The minimum payment referred to in 29.01(c)(i) above, does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 63.06 of this Collective Agreement.

29.02 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

29.03 This Article does not apply where an employee who has accommodation on board a vessel and:

  1. is not in his or her home port, reports for sailing in accordance with posted sailing orders or as otherwise required by the Master;
    or
  2. is on the Employer's premises at the time of notification of the requirement to work overtime.

Compensation in Cash or Leave With Pay

29.04

  1. Compensation earned under this Article shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, or at the request of the Employer and the concurrence of the employee, overtime may be compensated in equivalent leave with pay.
  2. The Employer shall endeavour to make cash payment for overtime in the pay period following that in which the credits were earned.
  3. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
  4. Compensatory leave with pay not used by the end of a twelve (12) month period, to be determined by the Employer, will be paid for in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the end of the twelve (12) month period.

Article 30
Standby

30.01 Where the Employer requires an employee to be available on standby during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4)-hour period or part thereof for which the employee has been designated as being on standby duty.

30.02 An employee designated by letter or by list for standby duty shall be available during his or her period of standby at a known telephone number and be available to return for work as quickly as possible if called. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.

30.03 No standby payment shall be granted if an employee is unable to report for work when required.

30.04 An employee on standby who is required to report for work shall be compensated in accordance with clause 29.01.

30.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

30.06

  1. Payments referred to in clauses 30.01 and 30.04 shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, or at the request of the Employer and the concurrence of the employee, the payment may be compensated in equivalent leave with pay.
  2. Compensatory leave with pay not used by the end of a twelve (12) month period, to be determined by the Employer, will be paid for in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the end of the twelve (12) month period.

Article 31
Reporting Pay

31.01

  1. When an employee is required to report and reports to work on the employee's day of rest, the employee is entitled to a minimum of three (3) hours' pay at the applicable overtime rate of pay;
  2. The minimum payment referred to in (a), does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with 63.05.

31.02 To apply to the EG, DD, PY and PI groups only

When an employee reports for work under the conditions described in clause 31.01, and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:

  1. mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her automobile when the employee travels by means of the employee's own automobile,
    or
  2. out-of-pocket expenses for other means of commercial transportation.

31.03 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by an employee reporting to work or returning to his or her residence shall not constitute time worked.

31.04 To apply to EG group only

An employee required to report aboard ship sailing from home port outside the employee's normally scheduled working hours and who is not required to work aboard on reporting will be paid a premium of one (1) hour's pay at the straight-time rate.

31.05 To apply to EG group only

This Article does not apply where an employee who has accommodation on board a vessel and is not in the employee's home port, reports for sailing in accordance with posted sailing orders or as otherwise required by the Master.

31.06

  1. Payments referred to in clause 31.01 shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, or at the request of the Employer and the concurrence of the employee, the payment may be compensated in equivalent leave with pay.
  2. Compensatory leave with pay not used by the end of a twelve (12) month period, to be determined by the Employer, will be paid for in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the end of the twelve (12) month period.

Article 32
Designated Paid Holidays

32.01 Subject to clause 32.02, the following days shall be designated paid holidays for employees:

  1. New Year's Day;
  2. Good Friday;
  3. Easter Monday,
  4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday;
  5. Canada Day;
  6. Labour Day;
  7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving;
  8. Remembrance Day;
  9. Christmas Day;
  10. Boxing Day;
  11. one (1) additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such additional day is recognized as a provincial or civic holiday, the first Monday in August;
  12. one (1) additional day when proclaimed by an Act of Parliament as a national holiday.

Clause TI32.01 applies only to certain employees in the TI Group.

TI32.01 Technical Inspectors working on the premises of contractors who observe the designated paid holidays on days other than those listed in clause 32.01 shall observe the designated paid holidays referred to in clause 32.01 on the same days as the employees of these contractors. Technical Inspectors are entitled to eleven (11) designated paid holidays per year.

32.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 14, Leave With or Without Pay for Alliance Business.

32.03 When a day designated as a holiday under clause 32.01 coincides with an employee's day of rest, the holiday shall be moved to the first (1st) scheduled working day following the employee's day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.

When two (2) days designated as holidays under clause 32.01 coincide with an employee's consecutive days of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

32.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 32.03:

  1. work performed by the employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest,
    and
  2. work performed by the employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

32.05

**

  1. When an employee works on a holiday, he or she shall be paid time and one-half (1 1/2) for all hours worked up to seven decimal five (7.5) hours and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday.
  2. Notwithstanding paragraph (a), when an employee works on a holiday contiguous to a day of rest on which the employee also worked and received overtime in accordance with paragraph 28.01(b), the employee shall be paid in addition to the pay that the employee would have been granted had he or she not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked.

32.06 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:

  1. compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each reporting to a maximum of eight (8) hours' compensation in an eight (8) hour period;
    or
  2. compensation in accordance with the provisions of clause 32.05.

32.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

32.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

32.09 Where operational requirements permit, the Employer shall not schedule an employee to work on both December 25 and January 1 in the same holiday season.

32.10

  1. Payments referred to in clause 32.05 and 32.06 shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, or at the request of the Employer and the concurrence of the employee, the payment may be compensated in equivalent leave with pay.
  2. Compensatory leave with pay not used by the end of a twelve (12) month period, to be determined by the Employer, will be paid for in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the end of the twelve (12) month period.

Article 33
Religious Observance

33.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

33.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfill their religious obligations.

33.03 Notwithstanding clause 33.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

33.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.

Article 34
Travelling Time

34.01 For the purposes of this Collective Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.

34.02 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses 34.03 and 34.04. Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer than three (3) hours.

**

34.03 For the purposes of clauses 34.02 and 34.04, the travelling time for which an employee shall be compensated is as follows:

  1. for travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer;
  2. for travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or workplace, as applicable, direct to the employee's destination and, upon the employee's return, direct back to the employee's residence or workplace;
  3. in the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements, in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

34.04 If an employee is required to travel as set forth in clauses 34.02 and 34.03:

  1. on a normal working day on which the employee travels but does not work, the employee shall receive his or her regular pay for the day.
  2. on a normal working day on which the employee travels and works, the employee shall be paid:
    1. his or her regular pay for the day for a combined period of travel and work not exceeding his or her regular scheduled working hours;
      and
    2. at the applicable overtime rate for additional travel time in excess of his or her regular scheduled hours of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours pay at the straight-time rate of pay;
  3. on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours pay at the straight-time rate of pay.

34.05 This Article does not apply to an employee when the employee travels by any type of transport in which he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:

  1. on a normal working day, his or her regular pay for the day,
    or
  2. pay for actual hours worked in accordance with Article 32, Designated Paid Holidays and Article 28, Overtime of this Collective Agreement.

34.06 Compensation under this Article shall not be paid for travel time to courses, training sessions, conferences and seminars, unless the employee is required to attend by the Employer.

34.07

  1. Upon request of an employee and with the approval of the Employer, compensation at the overtime rate earned under this Article may be granted in compensatory leave with pay.
  2. Compensatory leave with pay not used by the end of a twelve (12) month period, to be determined by the Employer, will be paid for in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's substantive position at the end of the twelve (12) month period.

34.08 When an employee is to be away from home on two (2) consecutive days of rest they shall be entitled to be reimbursed for one ten (10) minute station to station call home in addition to those that may be eligible for under the travel directive.

34.09 Travel Status Leave

Exclusions

This clause does not apply to employees covered by Appendix I - Engineering and Scientific Support Group.

**

  1. 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 or her permanent residence for twenty (20) nights during a fiscal year shall be granted seven decimal five (7.5) hours off with pay. The employee shall be credited with one additional period of seven decimal five (7.5) hours for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.
  2. The maximum number of hours off earned under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.
  3. This leave with pay is deemed to be compensatory leave and is subject to paragraphs 28.02(c) and (d).

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 35
Travelling Expenses on Leave or Termination

35.01 When an employee serving on a vessel which is away from its home port,

  1. is authorized to take leave under the provisions of Article 38, Vacation Leave With Pay, or under the provisions of Article 51, Bereavement Leave With Pay, the Employer shall pay the cost of the return travelling expenses, as normally defined by the Employer, from the point of disembarkation to the vessel's home port or to the employee's normal place of residence, whichever is the lesser amount;
  2. terminates his or her employment by reason of retirement, release or layoff, the Employer shall pay the cost of the travelling expenses, as normally defined by the Employer, from the point of disembarkation to the employee's port of hiring or to the employee's normal place of residence, whichever is the lesser amount.

Article 36
Notice of Transfer

36.01 Where practicable, advance notice of a change in posting or a transfer from an employee's Headquarters' area as defined by the Employer shall be given to an employee. Such notice shall not normally be less than three (3) months.



Part IV: Leave Provisions

Article 37
Leave General

37.01

**

  1. When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one (1) day being equal to seven decimal five (7.5) hours.

**

  1. Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day.
  2. When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.
  3. Notwithstanding the above, in the Article 51, Bereavement Leave With Pay, a "day" will mean a calendar day.

37.02 Except as otherwise specified in this Agreement:

  1. where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave;
  2. time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

37.03 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.

37.04 The amount of leave with pay earned but unused credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee.

37.05 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

37.06 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that is, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains his or her entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force on the day that this Agreement is signed.

37.07 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.

37.08 In the event of termination of employment for reasons other than incapacity, death or layoff, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

37.09 An employee shall not earn leave credits under this Agreement in any month for which leave has already been credited to him or her under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.

37.10 When an employee who is in receipt of a special duty allowance or an extra duty allowance is granted leave with pay, the employee is entitled during the employee's period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis, or for a period of two (2) or more months prior to the period of leave.

Article 38
Vacation Leave With Pay

38.01 The vacation year shall be from April 1 to March 31 of the following calendar year, inclusive.

Accumulation of Vacation Leave Credits

38.02 An employee shall earn vacation leave credits at the following rate for each calendar month during which the employee receives pay for at least seventy-five (75) hours:

  1. nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee's eighth (8th) year of service occurs;
  2. twelve decimal five (12.5) hours commencing with the month in which the employee's eighth (8th) anniversary of service occurs;
  3. thirteen decimal seven five (13.75) hours commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;
  4. fourteen decimal four (14.4) hours commencing with the month in which the employee's seventeenth (17th) anniversary of service occurs;
  5. fifteen decimal six two five (15.625) hours commencing with the month in which the employee's eighteenth (18th) anniversary of service occurs;
  6. sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
  7. eighteen decimal seven five (18.75) hours commencing with the month in which the employee's twenty-eighth (28th) anniversary of service occurs;
  8. For the purpose of this clause only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the public service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on layoff and is reappointed to the public service within one (1) year following the date of layoff.
  9. Notwithstanding 38.02(h) above, an employee who was a member of one of the following bargaining units on the date of the signing of their collective agreement as shown below:

    Bargaining Unit Date of Signing
    EG May 17, 1989
    DD, GT, PI, PY, TI May 19, 1989

    or an employee who became a member of the bargaining unit between the dates shown above and May 31, 1990 shall retain, for the purpose of "service" and of establishing his or her vacation entitlement pursuant to this Article, those periods of former service which had previously qualified for counting as continuous employment, until such time as his or her employment in the public service is terminated.

Entitlement to Vacation Leave With Pay

**

38.03 An employee is entitled to vacation leave with pay to the extent of the employee's earned credits but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the current vacation year.

Scheduling of Vacation Leave With Pay

38.04 In scheduling vacation leave with pay to an employee, the Employer shall, subject to the operational requirements of the service, make every reasonable effort:

  1. to grant the employee his or her vacation leave during the fiscal year in which it is earned, if so requested by the employee not later than June 1;
  2. to comply with any request made by an employee before January 31 that the employee be permitted to use in the following fiscal year any period of vacation leave of four (4) days or more earned by the employee in the current year;
  3. to ensure that approval of an employee's request for vacation leave is not unreasonably denied;
  4. to schedule vacation leave on an equitable basis and when there is no conflict with the interests of the Employer or the other employees, according to the wishes of the employee.

**

38.05 The Employer shall give an employee as much notice as is practicable and reasonable of approval, denial, alteration or cancellation of a request for vacation or furlough leave. In the case of denial, alteration or cancellation of such leave, the Employer shall give the written reason therefor, upon written request from the employee.

38.06 Where, in respect of any period of vacation leave, an employee is granted:

  1. bereavement leave with pay,
    or
  2. leave with pay because of illness in the immediate family,
    or
  3. sick leave on production of a medical certificate,

the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

38.07 Carry-Over and/or Liquidation of Vacation Leave

  1. Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave up to a maximum of two hundred and sixty-two decimal five (262.5) hours credits shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and sixty-two decimal five (262.5) hours shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
    1. Notwithstanding paragraph (a), if on November 19, 2001 or on the date an employee becomes subject to this Agreement, he or she has more than two hundred and sixty-two decimal five (262.5) hours of unused vacation leave credits earned during previous years, this number of unused vacation leave credits shall become the employee's accumulated leave maximum.
    2. Unused vacation leave credits equivalent to the employee's accumulated leave maximum shall be carried over into the following vacation year.
    3. Unused vacation leave credits in excess of the employee's accumulated leave maximum shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
  3. The employee's accumulated leave maximum shall be reduced irrevocably by the number of vacation leave credits liquidated in excess of the employee's annual vacation leave entitlement during the vacation year.
  4. Notwithstanding (b)(iii), where the Employer cancels a period of vacation leave which has been previously approved in writing, and which cannot be rescheduled before the end of the vacation year, the cancelled leave may be carried over into the next vacation year.

Recall from Vacation Leave With Pay

38.08

  1. The Employer will make every reasonable effort not to recall an employee to duty after the employee has proceeded on vacation leave with pay.
  2. Where, during any period of vacation leave or furlough leave with pay an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:
    1. in proceeding to the employee's place of duty,
      and
    2. in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled,
    after submitting such accounts as are normally required by the Employer.
  3. The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under paragraph 38.08(b) to be reimbursed for reasonable expenses incurred by the employee.

Leave When Employment Terminates

38.09 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation and furlough leave with pay to the employee's credit by the daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment, except that the Employer shall grant the employee any vacation and furlough leave earned but not used by the employee before the employment is terminated by layoff if the employee so requests because of a requirement to meet minimum continuous employment requirements for severance pay.

**

38.10 Notwithstanding clause 38.09, an employee whose employment is terminated for cause pursuant to paragraph 12(1)(e) of the Financial Administration Act by reason of a declaration that he or she abandoned his or her position is entitled to receive the payment referred to in clause 38.09, if he or she requests it within six (6) months following the date upon which his or her employment is terminated.

Advance Payments

38.11 The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee's vacation period commences.

Provided the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure. Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.

**

Cancellation or Alteration of Vacation Leave

38.12 When the Employer cancels or alters a period of vacation or furlough leave which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

38.13 During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred and twelve decimal five (112.5) hours may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's substantive position on March 31 of the previous vacation year.

**

38.14 Appointment to a Separate Agency

Notwithstanding clause 38.09, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation and furlough leave credits, provided that the appointing organization will accept such credits.

**

38.15 Appointment from a Separate Agency

The Employer agrees to accept the unused vacation and furlough leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) hours of an employee who resigns from an organization listed in Schedule V of the Financial Administration Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

**

38.16

  1. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in paragraph 38.02(h).
  2. The vacation leave credits provided in paragraph 38.16(a) above shall be excluded from the application of clause 38.07 dealing with the Carry-Over and/or Liquidation of Vacation Leave.

Article 39
Sick Leave With Pay

Credits

39.01

  1. An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which the employee receives pay for at least seventy-five (75) hours.
  2. A shift worker shall earn additional sick leave credits at the rate of one decimal two five (1.25) hours for each calendar month during which he or she works shifts and he or she receives pay for at least seventy-five (75) hours. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred and twelve decimal five (112.5) hours of sick leave credits during the current fiscal year.

Granting of Sick Leave

39.02 An employee shall be granted sick leave with pay when he or she is unable to perform his or her duties because of illness or injury provided that:

  1. he or she satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer,
    and
  2. he or she has the necessary sick leave credits.

39.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties, shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 39.02(a).

39.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 39.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

39.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not granted sick leave with pay.

39.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.

39.07 Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the public service within two (2) years from the date of layoff.

**

39.08 The Employer agrees that an employee shall not be terminated for cause for reasons of incapacity pursuant to paragraph 12(1)(e) of the Financial Administration Act at a date earlier than the date at which the employee will have utilized his or her accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which injury on duty leave has been granted pursuant to Article 41.

Article 40
Medical Appointment for Pregnant Employees

40.01 Up to three decimal seven five (3.75) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

40.02 Where a series of continuing appointments is necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

Article 41
Injury-on-Duty Leave

41.01 An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees Compensation Act, and a Workers' Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

  1. personal injury accidentally received in the performance of his or her duties and not caused by the employee's willful misconduct,
    or
  2. an industrial illness or a disease arising out of and in the course of the employee's employment,

if the employee agrees to remit to the Receiver General of Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.

**Article 42
Maternity Leave Without Pay

42.01 Maternity Leave Without Pay

  1. An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18)weeks after the termination date of pregnancy.
  2. Notwithstanding paragraph (a):
    1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
      or
    2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period while her newborn child is hospitalized,
    the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization while the employee was not on maternity leave, to a maximum of eighteen (18) weeks.
  3. The extension described in paragraph (b) shall end not later than
    fifty-two (52) weeks after the termination date of pregnancy.
  4. The Employer may require an employee to submit a medical certificate certifying pregnancy.
  5. An employee who has not commenced maternity leave without pay may elect to:
    1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
    2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 39, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 39, Sick Leave With Pay, shall include medical disability related to pregnancy.
  6. An employee shall inform the Employer in writing of her plans to take leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks before the initial date of continuous leave of absence while termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.
  7. Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

42.02 Maternity Allowance

  1. An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), provided that she:
    1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
    2. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
    3. has signed an agreement with the Employer stating that:
      1. she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
      2. following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance;
      3. should she fail to return to work for the Employer, Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, layoff, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:
        Allowance received multiplied by the remaining period to be worked following return to work and divided by the total period to be worked as specified in (B).
        however, an employee whose specified period of employment expired and who is rehired in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).
  2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
  3. Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance maternity benefits, ninety-three per cent (93 %) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period,
      and
    2. for each week the employee receives a maternity benefit under the Employment Insurance or the Quebec Parental Insurance plan, she is eligible to receive the difference between ninety-three per cent (93 %) of her weekly rate and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period.
  4. At the employee's request, the payment referred to in subparagraph 42.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Quebec Parental Insurance Plan maternity benefits.
  5. The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
  6. The weekly rate of pay referred to in paragraph (c) shall be:
    1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
  7. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.
  8. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
  9. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly.
  10. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

42.03 Special Maternity Allowance for Totally Disabled Employees

  1. An employee who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 42.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Quebec Parental Insurance Plan maternity benefits,
      and
    2. has satisfied all of the other eligibility criteria specified in paragraph 42.02(a), other than those specified in sections (A) and (B) of subparagraph 42.02(a)(iii),
    shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93 %) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD plan or through the Government Employees Compensation Act.
  2. An employee shall be paid an allowance under this clause and under clause 42.02 for a combined period of no more than the number of weeks while she would have been eligible for maternity benefits under the Employment Insurance or the Quebec Parental Insurance Plan had she not been disqualified from Employment Insurance or Quebec Parental Insurance Plan maternity benefits for the reasons described in subparagraph (a)(i).

Article 43
Maternity-Related Reassignment or Leave

43.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child. On being informed of the cessation, the Employer, with the written consent of the employee, shall notify the appropriate workplace committee or the health and safety representative.

43.02 An employee's request under clause 43.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Depending un the particular circumstances of the request, the Employer may obtain an independent medical opinion.

43.03 An employee who has made a request under clause 43.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:

  1. modifies her job functions or reassigns her;
    or
  2. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

43.04 Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.

43.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.

43.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

43.07 Notwithstanding 43.05, for an employee working in an institution where she is in direct and regular contact with offenders, if the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence with pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than at the time the employee proceeds on maternity leave without pay or on the termination date of the pregnancy, whichever comes first.

**Article 44
Parental Leave Without Pay

44.01 Parental Leave Without Pay

  1. Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.
  2. Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) week period beginning on the day on which the child comes into the employee's care.
  3. Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two periods.
  4. Notwithstanding paragraphs (a) and (b):
    1. where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,
      or
    2. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her child is hospitalized,
    the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization while the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee's care.
  5. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before the commencement date of such leave.
  6. The Employer may:
    1. defer the commencement of parental leave without pay at the request of the employee;
    2. grant the employee parental leave without pay with less than four (4) weeks' notice;
    3. require an employee to submit a birth certificate or proof of adoption of the child.
  7. Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

44.02 Parental Allowance

  1. An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
    1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
    2. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
    3. has signed an agreement with the Employer stating that:
      1. the employee will return to work on the expiry date of his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
      2. Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 42.02(a)(iii)(B), if applicable;
      3. should he or she fail to return to work for the Employer, Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, layoff, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:
        Allowance received multiplied by the remaining period to be worked following return to work and divided by the total period to be worked as specified in (B).
        however, an employee whose specified period of employment expired and who is rehired in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
  2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
  3. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93 %) of his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
    2. for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Quebec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93 %) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit to which he or she would have been eligible if no extra monies had been earned during this period.
    3. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Quebec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93 %) of her weekly rate of pay for each week, less any other monies earned during this period.
  4. At the employee's request, the payment referred to in subparagraph 44.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Quebec Parental Insurance Plan parental benefits.
  5. The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
  6. The weekly rate of pay referred to in paragraph (c) shall be:
    1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
  7. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which he or she is appointed.
  8. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
  9. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
  10. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
  11. The maximum combined, shared maternity and parental allowances payable under this Collective Agreement shall not exceed fifty-two (52) weeks for each combined maternity and parental leave without pay.

44.03 Special Parental Allowance for Totally Disabled Employees

  1. An employee who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 44.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or through the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Quebec Parental Insurance Plan benefits,
      and
    2. has satisfied all of the other eligibility criteria specified in paragraph 44.02(a), other than those specified in sections (A) and (B) of subparagraph 44.02(a)(iii), shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93 %) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD plan or through the Government Employees Compensation Act.
  2. An employee shall be paid an allowance under this clause and under clause 44.02 for a combined period of no more than the number of weeks while the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or the Quebec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Quebec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).

**Article 45
Leave Without Pay for the Care of Family

45.01 Both parties recognize the importance of access to leave for the purpose of the care of family.

45.02 An employee shall be granted leave without pay for the care of family in accordance with the following conditions:

  1. an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;
  2. leave granted under this Article shall be for a minimum period of three (3) weeks;
  3. the total leave granted under this Article shall not exceed five (5) years during an employee's total period of employment in the public service;
  4. leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery.
  5.  Compassionate Care Leave
    1. Notwithstanding the definition of "family" found in clause 2.01 and notwithstanding paragraphs 45.02(b) and (d) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt of or awaiting these benefits.
    2. Leave granted under this clause may exceed the five (5) year maximum provided in paragraph (c) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.
    3. When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.
    4. When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits has been denied, subparagraphs (i) and (ii) above cease to apply.

45.03 An employee who has proceeded on leave without pay may change his or her return to work date if such change does not result in additional costs to the Employer.

45.04 All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children provisions of previous Technical Services Collective Agreements or other agreements will not count towards the calculation of the maximum amount of time allowed for care of family during an employee's total period of employment in the public service.

Article 46
Volunteer Leave

46.01 Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

46.02 The leave shall be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

Article 47
Leave With Pay for Family-Related Responsibilities

47.01 For the purpose of this Article, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner), parents (including step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.

47.02 The total leave with pay which may be granted under this Article shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.

47.03 Subject to clause 47.02, the Employer shall grant leave with pay under the following circumstances:

  1. to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
  2. to provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
  3. to provide for the immediate and temporary care of an elderly member of the employee's family;
  4. for needs directly related to the birth or to the adoption of the employee's child.

47.04 Where in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under 47.03(b) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

Article 48
Leave Without Pay for Personal Needs

48.01 Leave without pay will be granted for personal needs in the following manner:

  1. subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;
  2. subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs;
  3. an employee is entitled to leave without pay for personal needs only once (1) under each of paragraphs (a) and (b) during the employee's total period of employment in the public service. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.

Article 49
Personal Leave With Pay

49.01 Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.

49.02 The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

Article 50
Leave Without Pay for Relocation of Spouse

50.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.

Article 51
Bereavement Leave With Pay

**

51.01 When a member of the employee's family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days. Such bereavement period, as determined by the employee, must include the day of the memorial commemorating the deceased, or must begin within two (2) days following the death. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.

51.02 An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.

51.03 If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under clauses 51.01 and 51.02, the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

51.04 It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a manner different than that provided for in clauses 51.01 and 51.02.

Article 52
Court Leave

52.01 The Employer shall grant leave with pay to an employee for the period of time he or she is required:

  1. to be available for jury selection;
  2. to serve on a jury;
  3. by subpoena or summons to attend as a witness in any proceeding held:
    1. in or under the authority of a court of justice or before a grand jury,
    2. before a court, judge, justice, magistrate or coroner,
    3. before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of the employee's position,
    4. before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it,
      or
    5. before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

Article 53
Personnel Selection Leave

**

53.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as defined in the Public Service Labour Relations Act, the employee is entitled to leave with pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his or her presence is so required.

Article 54
Education Leave Without Pay
Career Development Leave With Pay and
Examination Leave With Pay

Education Leave Without Pay

54.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee's present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

54.02 At the Employer's discretion, an employee on education leave without pay under this Article may receive an allowance in lieu of salary of up to one hundred per cent (100 %) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

54.03 Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

54.04 As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted.

If the employee:

  1. fails to complete the course;
  2. does not resume employment with the Employer on completion of the course;
    or
  3. ceases to be employed, except by reason of death or layoff, before termination of the period he or she has undertaken to serve after completion of the course,

the employee shall repay the Employer all allowances paid to him or her under this Article during the education leave or such lesser sum as shall be determined by the Employer.

Career Development Leave With Pay

54.05

  1. Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:
    1. a course given by the Employer;
    2. a course offered by a recognized academic institution;
    3. a seminar, convention or study session in a specialized field directly related to the employee's work.
  2. Upon written application by the employee, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in paragraph 54.05(a) above. The employee shall receive no compensation under Article 28, Overtime, and Article 34, Travelling Time, of this Collective Agreement during time spent on career development leave provided for in this clause.
  3. Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

Examination Leave With Pay

54.06 At the Employer's discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee's scheduled hours of work. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his or her qualifications.

Article 55
Leave With or Without Pay for Other Reasons

55.01 At its discretion, the Employer may grant:

  1. leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty; such leave shall not be unreasonably withheld;
  2. leave with or without pay for purposes other than those specified in this Agreement.


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.



Part VI: Part-Time Employees

Article 63
Part-Time Employees

**

63.01 Definition

Part-time employee means an employee whose weekly scheduled hours of work on average are less than those established in Article 25 but not less than those prescribed in the Public Service Labour Relations Act.

General

**

63.02 Unless otherwise specified in this Article, part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal weekly hours of work compare with thirty-seven decimal five (37.5).

63.03 Part-time employees are entitled to overtime compensation in accordance with subparagraphs (b) and (c) of the overtime definition in clause 2.01.

**

63.04 The days of rest provisions of this Agreement apply only in a week when a part-time employee has worked five (5) days or thirty-seven decimal five (37.5) hours.

Specific Application of This Agreement

63.05 Reporting Pay

Subject to clause 63.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, in accordance with paragraph 31.01(a) of this Agreement, and is entitled to receive a minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate of pay.

63.06 Call-Back

When a part-time employee meets the requirements to receive call-back pay in accordance with clause 29.01 and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate.

Designated Holidays

63.07 A part-time employee shall not be paid for the designated holidays but shall, instead be paid four and one-quarter per cent (4 1/4 %) for all straight-time hours worked.

**

63.08 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 32.01, the employee shall be paid at time and one-half (1 1/2) of the straight-time rate of pay for all hours worked up to seven decimal five (7.5) hours and double time (2) thereafter.

63.09 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time employee in clause 32.01, shall be paid for the time actually worked in accordance with clause 63.08, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.

63.10 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 workweek, at the rate for years of service established in clause 38.02 of this Agreement, pro-rated 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.

63.11 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 workweek 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 workweek.

63.12 Vacation and Sick Leave Administration

  1. For the purposes of administration of clauses 63.10 and 63.11, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate 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.

63.13 Bereavement Leave

Notwithstanding clause 63.02, there shall be no prorating of a "day" in Article 51, Bereavement Leave With Pay.

63.14 Severance Pay

Notwithstanding the provisions of Article 64 Severance Pay of this Agreement, where the period of continuous employment in respect of which 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.

Part VII: Pay and Duration

Article 64
Severance Pay

64.01 Under the following circumstances and subject to clause 64.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.

  1. Layoff
    1. On the first layoff two (2) weeks' pay for the first complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
    2. On second or subsequent layoff one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted severance pay under subparagraph (a)(i).
  2. Resignation
    • On resignation, subject to paragraph 64.01(d) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.
  3. Rejection on Probation
    • On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay.
  4. Retirement
      1. On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation Act
        or
      **
      1. a part-time employee, who regularly works more than thirteen decimal five (13.5) but less than thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,
    • a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
  5. Death
    • If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

**

  1. Termination for Cause for Reasons of Incapacity or Incompetence
    1. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to paragraph 12(1)(e) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
    2. When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence pursuant to paragraph 12(1)(d) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

64.02 Severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 64.01 be pyramided.

**

64.03 Appointment to a Separate Agency

Notwithstanding paragraph 64.01(b), an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid severance pay provided that the appointing organization will accept the employee's Schedule I and IV of the Financial Administration Act service for its severance pay entitlement.

Article 65
Pay Administration

65.01 Except as provided for in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

65.02 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.

65.03

  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 9 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;
    **
    1. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Employer's Directive on Terms and Conditions of Employment, 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;
    2. no payment or no notification shall be made pursuant to paragraph 65.03(b) for one dollar ($1) or less.

65.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first and the resulting rate shall be revised in accordance with the pay revision.

65.05 This Article is subject to the Memorandum of Understanding signed by the Employer and the Alliance dated February 9, 1982 in respect of red-circled employees.

65.06 If, during the term of this Agreement, a new classification standard for a group 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 Alliance the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

**

65.07 Acting Pay

  1. When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least three (3) consecutive working days or shifts, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.
  2. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

65.08 When the regular pay day for an employee falls on his or her day of rest, every effort shall be made to issue his or her cheque on his or her last working day, provided it is available at his or her regular place of work.

65.09 Payments provided under the overtime, reporting pay, designated paid holiday, call-back and the standby provisions of this Agreement shall not be pyramided, that is an employee shall not receive more than one type of compensation for the same service.

Article 66
Agreement Reopener

66.01 This Collective Agreement may be amended by mutual consent.

Article 67
Duration

**

67.01 The duration of this Collective Agreement shall be from the date it is signed to June 21, 2011.

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

Signed at Ottawa, this 27th day of the month of November 2009.

The Treasury Board of Canada

Hélène Laurendeau
Josée Lefebvre
John Park
Irene Arkorful
Rick Bevilacqua
Brian Howe
Dr. Paul McCaughey
Ian Naish
Randi Plisell
Gérald Poirier
Judith Spanglett
Gérald Toupin

The Public Service Alliance of Canada

Gerry Halabecki
Carol Casey
Daniel Dubé
Peter Holland
Garry Larouche
Darrell-Lee McKenzie
Phil Robinson
Glen Whalley
Seth Sazant
Michael McNamara



**Appendix A

DD - Drafting and Illustration Group
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective June 22, 2006
  • A) Effective June 22, 2007
  • B) Effective June 22, 2008
  • C) Effective June 22, 2009
  • D) Effective June 22, 2010
    (Arbitral Award - September 24, 2009)

DD-1 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$) June 22, 2006 26112 27028 27939 28860 29769 30681 31594 32858
A) June 22, 2007 26713 27650 28582 29524 30454 31387 32321 33614
B) June 22, 2008 27114 28065 29011 29967 30911 31858 32806 34118
C) June 22, 2009 27521 28486 29446 30417 31375 32336 33298 34630
D) June 22, 2010 27934 28913 29888 30873 31846 32821 33797 35149

DD-2 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$) June 22, 2006 32178 33372 34544 35737 36919 38100 39290 40864
A) June 22, 2007 32918 34140 35339 36559 37768 38976 40194 41804
B) June 22, 2008 33412 34652 35869 37107 38335 39561 40797 42431
C) June 22, 2009 33913 35172 36407 37664 38910 40154 41409 43067
D) June 22, 2010 34422 35700 36953 38229 39494 40756 42030 43713

DD-3 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 39594 40922 42257 43583 45327
A) June 22, 2007 40505 41863 43229 44585 46370
B) June 22, 2008 41113 42491 43877 45254 47066
C) June 22, 2009 41730 43128 44535 45933 47772
D) June 22, 2010 42356 43775 45203 46622 48489

DD-4 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$) June 22, 2006 40786 42230 43670 45112 46542 47975 49895
A) June 22, 2007 41724 43201 44674 46150 47612 49078 51043
B) June 22, 2008 42350 43849 45344 46842 48326 49814 51809
C) June 22, 2009 42985 44507 46024 47545 49051 50561 52586
D) June 22, 2010 43630 45175 46714 48258 49787 51319 53375

DD-5 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 47723 49378 51031 52690 54797
A) June 22, 2007 48821 50514 52205 53902 56057
B) June 22, 2008 49553 51272 52988 54711 56898
C) June 22, 2009 50296 52041 53783 55532 57751
D) June 22, 2010 51050 52822 54590 56365 58617

DD-6 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 51212 53003 54781 56572 58832
A) June 22, 2007 52390 54222 56041 57873 60185
B) June 22, 2008 53176 55035 56882 58741 61088
C) June 22, 2009 53974 55861 57735 59622 62004
D) June 22, 2010 54784 56699 58601 60516 62934

DD-7 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 55625 57582 59539 61500 63961
A) June 22, 2007 56904 58906 60908 62915 65432
B) June 22, 2008 57758 59790 61822 63859 66413
C) June 22, 2009 58624 60687 62749 64817 67409
D) June 22, 2010 59503 61597 63690 65789 68420

DD-8 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 58538 60622 62701 64768 67356
A) June 22, 2007 59884 62016 64143 66258 68905
B) June 22, 2008 60782 62946 65105 67252 69939
C) June 22, 2009 61694 63890 66082 68261 70988
D) June 22, 2010 62619 64848 67073 69285 72053

DD-9 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 61133 63311 65492 67664 70371
A) June 22, 2007 62539 64767 66998 69220 71990
B) June 22, 2008 63477 65739 68003 70258 73070
C) June 22, 2009 64429 66725 69023 71312 74166
D) June 22, 2010 65395 67726 70058 72382 75278

Drafting and Illustration Group
Pay Notes

Pay increment for full-time and part-time employees

The pay increment period for employees at levels DD-1 and DD-2 is twenty-six (26) weeks and for employees at levels DD-3 to DD-9 is fifty-two (52) weeks.

**Appendix A

EG - Engineering and Scientific Support Group
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective June 22, 2006
  • A) Effective June 22, 2007
  • B) Effective June 22, 2008
  • C) Effective June 22, 2009
  • D) Effective June 22, 2010
    (Arbitral Award - September 24, 2009)

EG-1 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 37229 38717 40267 41876 43553 45295
A) June 22, 2007 38085 39607 41193 42839 44555 46337
B) June 22, 2008 38656 40201 41811 43482 45223 47032
C) June 22, 2009 39236 40804 42438 44134 45901 47737
D) June 22, 2010 39825 41416 43075 44796 46590 48453

EG-2 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 40954 42589 44295 46065 47906 49825
A) June 22, 2007 41896 43569 45314 47124 49008 50971
B) June 22, 2008 42524 44223 45994 47831 49743 51736
C) June 22, 2009 43162 44886 46684 48548 50489 52512
D) June 22, 2010 43809 45559 47384 49276 51246 53300

EG-3 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 45048 46849 48722 50670 52698 54806
A) June 22, 2007 46084 47927 49843 51835 53910 56067
B) June 22, 2008 46775 48646 50591 52613 54719 56908
C) June 22, 2009 47477 49376 51350 53402 55540 57762
D) June 22, 2010 48189 50117 52120 54203 56373 58628

EG-4 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 49553 51534 53598 55742 57967 60287
A) June 22, 2007 50693 52719 54831 57024 59300 61674
B) June 22, 2008 51453 53510 55653 57879 60190 62599
C) June 22, 2009 52225 54313 56488 58747 61093 63538
D) June 22, 2010 53008 55128 57335 59628 62009 64491

EG-5 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 54506 56685 58954 61310 63766 66315
A) June 22, 2007 55760 57989 60310 62720 65233 67840
B) June 22, 2008 56596 58859 61215 63661 66211 68858
C) June 22, 2009 57445 59742 62133 64616 67204 69891
D) June 22, 2010 58307 60638 63065 65585 68212 70939

EG-6 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 59958 62355 64852 67444 70140 72945
A) June 22, 2007 61337 63789 66344 68995 71753 74623
B) June 22, 2008 62257 64746 67339 70030 72829 75742
C) June 22, 2009 63191 65717 68349 71080 73921 76878
D) June 22, 2010 64139 66703 69374 72146 75030 78031

EG-7 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 65953 68592 71335 74188 77158 80243
A) June 22, 2007 67470 70170 72976 75894 78933 82089
B) June 22, 2008 68482 71223 74071 77032 80117 83320
C) June 22, 2009 69509 72291 75182 78187 81319 84570
D) June 22, 2010 70552 73375 76310 79360 82539 85839

EG-8 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 72552 75453 78467 81607 84872 88267
A) June 22, 2007 74221 77188 80272 83484 86824 90297
B) June 22, 2008 75334 78346 81476 84736 88126 91651
C) June 22, 2009 76464 79521 82698 86007 89448 93026
D) June 22, 2010 77611 80714 83938 87297 90790 94421

**Appendix A

EG - Engineering and Scientific Support Group
Annual Rates of Pay for Salary Protected Employees
(in dollars)

Table Legend

  • $) Effective June 22, 2006
  • A) Effective June 22, 2007
  • B) Effective June 22, 2008
  • C) Effective June 22, 2009
  • D) Effective June 22, 2010
    (Arbitral Award - September 24, 2009)

The following rates of pay shall have application to employees who on December 22, 1987 became subject to the Memorandum of Understanding entered into between the Employer and the Public Service Alliance of Canada on February 9, 1982 in respect of red-circled employees.


EG-1 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 30173 31229 32320 33453
A) June 22, 2007 30867 31947 33063 34222
B) June 22, 2008 31330 32426 33559 34735
C) June 22, 2009 31800 32912 34062 35256
D) June 22, 2010 32277 33406 34573 35785

EG-2 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 32796 33946 35134 36358
A) June 22, 2007 33550 34727 35942 37194
B) June 22, 2008 34053 35248 36481 37752
C) June 22, 2009 34564 35777 37028 38318
D) June 22, 2010 35082 36314 37583 38893

EG-3 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 35390 36777 38153 39524
A) June 22, 2007 36204 37623 39031 40433
B) June 22, 2008 36747 38187 39616 41039
C) June 22, 2009 37298 38760 40210 41655
D) June 22, 2010 37857 39341 40813 42280

EG-4 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 38097 39600 41096 42594
A) June 22, 2007 38973 40511 42041 43574
B) June 22, 2008 39558 41119 42672 44228
C) June 22, 2009 40151 41736 43312 44891
D) June 22, 2010 40753 42362 43962 45564

EG-5 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 41202 42832 44471 46106
A) June 22, 2007 42150 43817 45494 47166
B) June 22, 2008 42782 44474 46176 47873
C) June 22, 2009 43424 45141 46869 48591
D) June 22, 2010 44075 45818 47572 49320

EG-6 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 44807 46613 48418 50212
A) June 22, 2007 45838 47685 49532 51367
B) June 22, 2008 46526 48400 50275 52138
C) June 22, 2009 47224 49126 51029 52920
D) June 22, 2010 47932 49863 51794 53714

EG-7 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 48390 50351 52307 54268
A) June 22, 2007 49503 51509 53510 55516
B) June 22, 2008 50246 52282 54313 56349
C) June 22, 2009 51000 53066 55128 57194
D) June 22, 2010 51765 53862 55955 58052

EG-8 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 55021 57293 59562 61820
A) June 22, 2007 56286 58611 60932 63242
B) June 22, 2008 57130 59490 61846 64191
C) June 22, 2009 57987 60382 62774 65154
D) June 22, 2010 58857 61288 63716 66131

EG-9 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 60497 63024 65545 68052
A) June 22, 2007 61888 64474 67053 69617
B) June 22, 2008 62816 65441 68059 70661
C) June 22, 2009 63758 66423 69080 71721
D) June 22, 2010 64714 67419 70116 72797

EG-10 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 69813 72756 75695 78641
A) June 22, 2007 71419 74429 77436 80450
B) June 22, 2008 72490 75545 78598 81657
C) June 22, 2009 73577 76678 79777 82882
D) June 22, 2010 74681 77828 80974 84125

EG-11 - Annual Rates of Pay for Salary Protected Employees (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4
$) June 22, 2006 75302 78487 81671 84872
A) June 22, 2007 77034 80292 83549 86824
B) June 22, 2008 78190 81496 84802 88126
C) June 22, 2009 79363 82718 86074 89448
D) June 22, 2010 80553 83959 87365 90790

Engineering and Scientific Support Group
Pay Notes

Pay increment for full-time and part-time employees

  1. The pay increment period for employees at levels EG-1 to EG-8 is fifty-two (52) weeks.
  2. The pay increment date for an employee, appointed to a position in the bargaining unit on promotion, demotion or from outside the public service after June 29, 1977, shall be the first Monday following the pay increment period listed above as calculated from the date of the promotion, demotion or appointment from outside the public service. The pay increment period for employees appointed prior to June 29, 1977, will continue to be one (1) year, and the pay increment date will continue to apply on a quarterly basis.

**Appendix A

GT - General Technical Group
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective June 22, 2006
  • A) Effective June 22, 2007
  • B) Effective June 22, 2008
  • C) Effective June 22, 2009
  • D) Effective June 22, 2010
    (Arbitral Award - September 24, 2009)

GT-1 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 36373 37375 38375 39370 40945
A) June 22, 2007 37210 38235 39258 40276 41887
B) June 22, 2008 37768 38809 39847 40880 42515
C) June 22, 2009 38335 39391 40445 41493 43153
D) June 22, 2010 38910 39982 41052 42115 43800

GT-2 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 41713 42921 44129 45337 47151
A) June 22, 2007 42672 43908 45144 46380 48235
B) June 22, 2008 43312 44567 45821 47076 48959
C) June 22, 2009 43962 45236 46508 47782 49693
D) June 22, 2010 44621 45915 47206 48499 50438

GT-3 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 46648 48047 49457 50859 52893
A) June 22, 2007 47721 49152 50595 52029 54110
B) June 22, 2008 48437 49889 51354 52809 54922
C) June 22, 2009 49164 50637 52124 53601 55746
D) June 22, 2010 49901 51397 52906 54405 56582

GT-4 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 52558 54187 55823 57458 59758
A) June 22, 2007 53767 55433 57107 58780 61132
B) June 22, 2008 54574 56264 57964 59662 62049
C) June 22, 2009 55393 57108 58833 60557 62980
D) June 22, 2010 56224 57965 59715 61465 63925

GT-5 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 58993 60800 62616 64495 67074
A) June 22, 2007 60350 62198 64056 65978 68617
B) June 22, 2008 61255 63131 65017 66968 69646
C) June 22, 2009 62174 64078 65992 67973 70691
D) June 22, 2010 63107 65039 66982 68993 71751

GT-6 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 65283 67412 69559 71698 74566
A) June 22, 2007 66785 68962 71159 73347 76281
B) June 22, 2008 67787 69996 72226 74447 77425
C) June 22, 2009 68804 71046 73309 75564 78586
D) June 22, 2010 69836 72112 74409 76697 79765

GT-7 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 74813 77330 79848 82238 85527
A) June 22, 2007 76534 79109 81685 84129 87494
B) June 22, 2008 77682 80296 82910 85391 88806
C) June 22, 2009 78847 81500 84154 86672 90138
D) June 22, 2010 80030 82723 85416 87972 91490

GT-8 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 84868 87556 90234 92908 96626
A) June 22, 2007 86820 89570 92309 95045 98848
B) June 22, 2008 88122 90914 93694 96471 100331
C) June 22, 2009 89444 92278 95099 97918 101836
D) June 22, 2010 90786 93662 96525 99387 103364

General Technical Group
Pay Notes

Pay increment for full-time and part-time employees

  1. The pay increment period for employees at levels GT-1 to GT-8 is fifty-two (52) weeks.
  2. The pay increment date for an employee, appointed on or after May 22, 1981, to a position in the bargaining unit on promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to May 22, 1981 shall be the date on which the employee received his or her last pay increment.
  3. If an employee dies, the salary due to the employee on the last working day preceding the employee's death, shall continue to accrue to the end of the month in which the employee dies. Salary so accrued which has not been paid to the employee as at the date of the employee's death shall be paid to the employee's estate.
  4. When an employee who is in receipt of a special duty allowance or an extra duty allowance is granted leave with pay, the employee is entitled during the employee's period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis, or for a period of two (2) or more months prior to the period of leave.

**Appendix A

PY - Photography Group
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective June 22, 2006
  • A) Effective June 22, 2007
  • B) Effective June 22, 2008
  • C) Effective June 22, 2009
  • D) Effective June 22, 2010
    (Arbitral Award - September 24, 2009)

PY-1 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 28869 29636 30404 31167 32415
A) June 22, 2007 29533 30318 31103 31884 33161
B) June 22, 2008 29976 30773 31570 32362 33658
C) June 22, 2009 30426 31235 32044 32847 34163
D) June 22, 2010 30882 31704 32525 33340 34675

PY-2 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 32976 33907 34833 35747 37177
A) June 22, 2007 33734 34687 35634 36569 38032
B) June 22, 2008 34240 35207 36169 37118 38602
C) June 22, 2009 34754 35735 36712 37675 39181
D) June 22, 2010 35275 36271 37263 38240 39769

PY-3 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 35944 36975 38020 39061 40623
A) June 22, 2007 36771 37825 38894 39959 41557
B) June 22, 2008 37323 38392 39477 40558 42180
C) June 22, 2009 37883 38968 40069 41166 42813
D) June 22, 2010 38451 39553 40670 41783 43455

PY-4 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 38791 39944 41108 42261 43950
A) June 22, 2007 39683 40863 42053 43233 44961
B) June 22, 2008 40278 41476 42684 43881 45635
C) June 22, 2009 40882 42098 43324 44539 46320
D) June 22, 2010 41495 42729 43974 45207 47015

PY-5 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 40933 42059 43216 44420 45726 47553
A) June 22, 2007 41874 43026 44210 45442 46778 48647
B) June 22, 2008 42502 43671 44873 46124 47480 49377
C) June 22, 2009 43140 44326 45546 46816 48192 50118
D) June 22, 2010 43787 44991 46229 47518 48915 50870

PY-6 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 43853 45171 46528 47920 49358 51332
A) June 22, 2007 44862 46210 47598 49022 50493 52513
B) June 22, 2008 45535 46903 48312 49757 51250 53301
C) June 22, 2009 46218 47607 49037 50503 52019 54101
D) June 22, 2010 46911 48321 49773 51261 52799 54913

PY-7 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 46740 48143 49591 51076 52607 54712
A) June 22, 2007 47815 49250 50732 52251 53817 55970
B) June 22, 2008 48532 49989 51493 53035 54624 56810
C) June 22, 2009 49260 50739 52265 53831 55443 57662
D) June 22, 2010 49999 51500 53049 54638 56275 58527

Photography Group
Pay Notes

Pay increment for full-time and part-time employees

  1. The pay increment period for employees is fifty-two (52) weeks.

**Appendix A

PI - Primary Products Inspection Group
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective June 22, 2006
  • A) Effective June 22, 2007
  • B) Effective June 22, 2008
  • C) Effective June 22, 2009
  • D) Effective June 22, 2010
    (Arbitral Award - September 24, 2009)

Sub-Group: Grain Inspection


PI-1-CGC - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$) June 22, 2006 32295 38846 40178 41501 42829 44158 45922
A) June 22, 2007 33038 39739 41102 42456 43814 45174 46978
B) June 22, 2008 33534 40335 41719 43093 44471 45852 47683
C) June 22, 2009 34037 40940 42345 43739 45138 46540 48398
D) June 22, 2010 34548 41554 42980 44395 45815 47238 49124

PI-2-CGC - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 42820 44263 45711 47155 49041
A) June 22, 2007 43805 45281 46762 48240 50169
B) June 22, 2008 44462 45960 47463 48964 50922
C) June 22, 2009 45129 46649 48175 49698 51686
D) June 22, 2010 45806 47349 48898 50443 52461

PI-3-CGC - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 45936 47534 49119 50708 52738
A) June 22, 2007 46993 48627 50249 51874 53951
B) June 22, 2008 47698 49356 51003 52652 54760
C) June 22, 2009 48413 50096 51768 53442 55581
D) June 22, 2010 49139 50847 52545 54244 56415

PI-4-CGC - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$) June 22, 2006 48699 50413 52136 53844 55557 57779
A) June 22, 2007 49819 51572 53335 55082 56835 59108
B) June 22, 2008 50566 52346 54135 55908 57688 59995
C) June 22, 2009 51324 53131 54947 56747 58553 60895
D) June 22, 2010 52094 53928 55771 57598 59431 61808

PI-5-CGC - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 55044 57048 59063 61061 63505
A) June 22, 2007 56310 58360 60421 62465 64966
B) June 22, 2008 57155 59235 61327 63402 65940
C) June 22, 2009 58012 60124 62247 64353 66929
D) June 22, 2010 58882 61026 63181 65318 67933

PI-6-CGC - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 60141 62377 64606 66845 69520
A) June 22, 2007 61524 63812 66092 68382 71119
B) June 22, 2008 62447 64769 67083 69408 72186
C) June 22, 2009 63384 65741 68089 70449 73269
D) June 22, 2010 64335 66727 69110 71506 74368

Primary Products Inspection Group
Pay Notes

Pay increment for full-time and part-time employees

  1. The pay increment period for employees is fifty-two (52) weeks.
  2. The pay increment date for an employee appointed to a position in the bargaining unit on promotion, demotion or from outside the public service after December 13, 1974 shall be the first Monday following the pay increment period listed above as calculated from the date of the promotion, demotion or appointment from outside the public service.

**

  1. A supplement of $2000 per year for the performance of grain inspection duties shall be added to the pay of incumbents of positions at levels PI-1 through PI-6 located in Vancouver and Prince Rupert.

**Appendix A

TI - Technical Inspection Group
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective June 22, 2006
  • A) Effective June 22, 2007
  • B) Effective June 22, 2008
  • C) Effective June 22, 2009
  • D) Effective June 22, 2010
    (Arbitral Award - September 24, 2009)

TI-1 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 38129 39200 40273 41356 43009
A) June 22, 2007 39006 40102 41199 42307 43998
B) June 22, 2008 39591 40704 41817 42942 44658
C) June 22, 2009 40185 41315 42444 43586 45328
D) June 22, 2010 40788 41935 43081 44240 46008

TI-2 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 40193 41355 42502 43651 45398
A) June 22, 2007 41117 42306 43480 44655 46442
B) June 22, 2008 41734 42941 44132 45325 47139
C) June 22, 2009 42360 43585 44794 46005 47846
D) June 22, 2010 42995 44239 45466 46695 48564

TI-3 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 45066 46414 47750 49091 51053
A) June 22, 2007 46103 47482 48848 50220 52227
B) June 22, 2008 46795 48194 49581 50973 53010
C) June 22, 2009 47497 48917 50325 51738 53805
D) June 22, 2010 48209 49651 51080 52514 54612

TI-4 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 49613 51132 52650 54167 56333
A) June 22, 2007 50754 52308 53861 55413 57629
B) June 22, 2008 51515 53093 54669 56244 58493
C) June 22, 2009 52288 53889 55489 57088 59370
D) June 22, 2010 53072 54697 56321 57944 60261

TI-5 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 55392 57142 58890 60632 63058
A) June 22, 2007 56666 58456 60244 62027 64508
B) June 22, 2008 57516 59333 61148 62957 65476
C) June 22, 2009 58379 60223 62065 63901 66458
D) June 22, 2010 59255 61126 62996 64860 67455

TI-6 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 62229 64252 66270 68293 71024
A) June 22, 2007 63660 65730 67794 69864 72658
B) June 22, 2008 64615 66716 68811 70912 73748
C) June 22, 2009 65584 67717 69843 71976 74854
D) June 22, 2010 66568 68733 70891 73056 75977

TI-7 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 68501 70678 72865 75047 78048
A) June 22, 2007 70077 72304 74541 76773 79843
B) June 22, 2008 71128 73389 75659 77925 81041
C) June 22, 2009 72195 74490 76794 79094 82257
D) June 22, 2010 73278 75607 77946 80280 83491

TI-8 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$) June 22, 2006 76040 78591 81136 83489 86827
A) June 22, 2007 77789 80399 83002 85409 88824
B) June 22, 2008 78956 81605 84247 86690 90156
C) June 22, 2009 80140 82829 85511 87990 91508
D) June 22, 2010 81342 84071 86794 89310 92881

Technical Inspection Group
Pay Notes

Pay increment for full-time and part-time employees

  1. The pay increment period for employees at the levels TI-1 to TI-8 is fifty-two (52) weeks.
  2. The pay increment date for an employee, appointed on or after May 22, 1981, to a position in the bargaining unit on promotion, demotion or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to May 22, 1981 shall be the date on which the employee received his or her last pay increment.
  3. If an employee dies, the salary due to the employee on the last working day preceding the employee's death, shall continue to accrue to the end of the month in which the employee dies. Salary so accrued which has not been paid to the employee as at the date of the employee's death shall be paid to the employee's estate.
  4. When an employee who is in receipt of a special duty allowance or an extra duty allowance is granted leave with pay, the employee is entitled during the employee's period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis, or for a period of two (2) or more months prior to the period of leave.

**Pay Notes (CBSA Employees)

  1. Effective on the date of transfer or appointment to the Canada Border Services Agency (CBSA), the employee's new rate of pay shall be the step in the applicable line of the new salary grid which is closest to, but not less than the rate of pay received on that day.
  2. Should the employee's salary exceed the maximum of the range for his or her group and level, the employee's salary shall remain unchanged until such time as the maximum rate of pay for the employee's group and level is equal to, or greater than, the employee's salary.
  3. Effective June 22, 2007, should the employee's salary be within the new salary band in the A line, the employee's new rate of pay shall be the step in the A line which is closest to, but not less than, the rate of pay received on that day. Furthermore the employee shall be entitled to a lump sum in an annualized amount equivalent to the difference between the value of the economic increase (i.e. 2.3 %) and the actual salary increase, to be paid bi-weekly.
  4. Effective June 22, 2007, employees subject to paragraph 2 shall receive a lump sum payment in an annualized amount equivalent to 2.3 % of the employee's rate of pay, to be paid bi-weekly, in lieu of the economic increase.
  5. Effective June 22, 2008, should the employee's salary be within the new salary band in the B line, the employee's new rate of pay shall be the step in the B line which is closest to, but not less than, the rate of pay received on that day. Furthermore the employee shall be entitled to a lump sum in an annualized amount equivalent to the difference between the value of the economic increase (i.e. 1.5 %) and the actual salary increase, to be paid bi-weekly.
  6. Effective June 22, 2008, employees subject to paragraph 2 shall receive a lump sum payment in an annualized amount equivalent to 1.5 % of the employee's rate of pay, to be paid bi-weekly, in lieu of the economic increase.
  7. Effective June 22, 2009, should the employee's salary be within the new salary band in the C line, the employee's new rate of pay shall be the step in the C line which is closest to, but not less than, the rate of pay received on that day. Furthermore the employee shall be entitled to a lump sum payment in an annualized amount equivalent to the difference between the value of the economic increase (i.e. 1.5 %) and the actual salary increase, to be paid bi-weekly.
  8. Effective June 22, 2009, employees subject to paragraph 2 shall receive a lump sum payment in an annualized amount equivalent to 1.5 % of the employee's rate of pay, to be paid bi-weekly, in lieu of the economic increase.
  9. Effective June 22, 2010, should the employee's salary be within the new salary band in the D line, the employee's new rate of pay shall be the step in the D line which is closest to, but not less than, the rate of pay received on that day. Furthermore the employee shall be entitled to a lump sum payment in an annualized amount equivalent to the difference between the value of the economic increase (1.5 %) and the actual salary increase, to be paid bi-weekly.
  10. Effective June 22, 2010, employees who continue to be subject to paragraph 2 shall receive a lump sum payment in an annualized amount equivalent to 1.5 % of the employee's rate of pay, to be paid bi-weekly, in lieu of the economic increase.


Memoranda of Agreement

**

The following Appendices shall be effective on the date of signature and shall expire on June 21, 2011.

Signed at Ottawa, this 27th day of the month of November 2009.

The Treasury Board of Canada

Hélène Laurendeau
Josée Lefebvre

The Public Service Alliance of Canada

Gerry Halabecki
Michael McNamara



Appendix B

Memorandum of Understanding Concerning Employees in the General Technical Group, Employed By the Department of Fisheries and Oceans at a Fish Hatchery

  1. The undersigned agree that employees employed by the Department of Fisheries and Oceans at a fish hatchery who are required to be on standby status at a fish hatchery instead of their residences for the purpose of carrying out duties related to emergency service shall not be entitled to be paid in accordance with Article 30, Standby, in this Collective Agreement.
  2. In lieu, it is agreed that employees employed by the Department of Fisheries and Oceans at a fish hatchery to which paragraph 1 refers will receive the following compensation for standby status:
    • 2.01
      1. four (4) hours pay at the employee's regular straight-time rate of pay, for each eight (8) consecutive hours or portion thereof that the employee is designated as being on standby status at a fish hatchery;
      2. overnight bachelor bunkhouse accommodation will be provided by the Employer at no cost to the employee;
      3. supper and breakfast will be provided by the Employer at no cost to the employee.
    • 2.02
      • An employee designated by letter or list for standby status at a fish hatchery shall be immediately available at the fish hatchery during the period designated as the standby period. In designating employees for standby status, the Employer will endeavour to provide for an equitable distribution of such duties.
    • 2.03
      • This payment shall apply only once within each eight (8)-hour period that the employee has been designated for standby status.
    • 2.04
      • No standby payment shall be granted if an employee is unable to report for duty when required.
    • 2.05
      • An employee on standby at a fish hatchery who is called in to work and who reports for work immediately shall be compensated in accordance with the call-back provisions of this Agreement.
    • 2.06
      1. Payments earned under this Appendix shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, or at the request of the Employer and the concurrence of the employee, payments may be compensated in equivalent leave with pay.
      2. Compensatory leave with pay not used by the end of a twelve (12) month period, to be determined by the Employer, will be paid for in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the end of the twelve (12) month period.
  3. The overtime provisions of Article 28 and the provisions of Article 27, Shift Premiums do not apply during those periods an employee is on standby status at a fish hatchery.
  4. The Public Service Alliance of Canada agrees it will not support any grievance arising out of this Collective Agreement whose provisions are amended by this Memorandum of Understanding.
  5. It is expressly understood that the terms of this Memorandum are intended to allow for the particular circumstances of the fish hatcheries. Neither party to this Memorandum shall rely on this initiative as a precedent to justify similar arrangements for other units or in any other location of the Department of Fisheries and Oceans during the lifetime of this Memorandum.
  6. This Memorandum does not apply to employees employed by the Department of Fisheries and Oceans at a fish hatchery residing on site at a fish hatchery.


Appendix C

Memorandum of Agreement Concerning Fishery Officers in the General Technical Group, Working on Off-Shore Surveillance in the Department of Fisheries and Oceans

**

The Employer and the Public Service Alliance of Canada agree, for the term of this Collective Agreement, that Fishery Officers working on off-shore surveillance and employed with the Department of Fisheries and Oceans will work an average of nine decimal five (9.5) hours per day while in a surveillance mode.

Surveillance mode is defined as the period between the time at which a Fishery Officer on off-shore surveillance reports to his or her surveillance duty station and the time at which the Fishery Officer leaves his or her surveillance duty station. Off-shore surveillance may be conducted by vessel or aircraft. Surveillance mode may be terminated due to delays in departure or early return.

The normal overtime provisions of the Collective Agreement will apply to these Officers with the following exceptions:


  1. **
    1. Employees shall receive thirty-seven decimal five (37.5) hours pay at the straight-time rate per week while in a surveillance mode. All overtime earned and all compensation earned for work on a designated holiday shall accumulate as compensatory leave. The compensatory leave earned while in a surveillance mode shall be liquidated immediately after their return from surveillance mode unless management deems this impractical due to operational requirements.
    2. Seventy-five (75) hours of compensatory leave shall be held in a bank to ensure that if an officer is unable to make a scheduled trip and there is no other work available, the officer is eligible to request compensatory leave from his or her seventy-five (75) hour bank.
    3. At the request of an employee and with the approval of the Employer, at any time during the fiscal year, the Employer may pay the requested compensatory leave in excess of one-hundred and fifty (150) hours in cash at the straight-time rate of pay in effect on the day on which compensatory leave is granted.
    4. At the end of each fiscal year, all unliquidated compensatory leave in excess of seventy-five (75) hours shall be paid in cash at the straight-time rate of pay in effect on the day on which compensatory leave is granted.
  2. In addition, if the vessel or aircraft does not depart as scheduled on a designated paid holiday or a day of rest, the reporting pay article of the Collective Agreement shall apply.

**

  1. For the purpose of accumulation of paid leave and severance pay, time spent by employees in surveillance mode shall be deemed to be seven decimal five (7.5) hours per day and/or thirty-seven decimal five (37.5) hours per week, as applicable.

**

  1. When an employee works on a designated paid holiday while in a surveillance mode, the employee shall be compensated, in addition to the seven decimal five (7.5) hours holiday pay the employee would have been granted had he or she not worked, at the rate of time and one-half (1 1/2) for all scheduled hours worked and double (2) time for all hours worked in excess of the scheduled hours.

Arrest Mode

For the purposes of this Memorandum, "arrest mode" is defined as those situations where management has authorized a Fishery Officer on off-shore surveillance to remain on board a vessel for the purposes of maintaining continuity of evidence.

**

In arrest mode, the overtime provisions of 28.01(a) and (b) will apply. In calculating the entitlement, all hours for that day will be a combination of hours in surveillance mode, nine decimal five (9.5) hours and arrest mode (all remaining hours).

**

For the purposes of calculating the rate of pay while in arrest mode, the regular nine decimal five (9.5) hour day shall be deemed to have begun at 8:00 hours and would normally have ceased at 18:00 hours (with one-half (1/2) hour for lunch). As such, where an arrest mode is authorized after 18:00 hours, the officer would be compensated at time and one-half (1 1/2) his or her straight-time rate at the beginning of the arrest mode.

Once arrest mode is confirmed and payment at premium rates is in effect, the premium rate will remain in effect until arrest mode ceases. In a continuing arrest mode, two (2) or more days, the surveillance mode provisions will not apply for those days where arrest mode continues beyond 12:00 hours on that day.

Officers while in a surveillance mode or arrest mode shall be excluded from the following provisions of this Collective Agreement:

  • Hours of Work Article
  • Overtime clauses 28.02, 28.04, 28.06, 28.07, 28.08
  • Travelling Time Article
  • Shift Premiums Article
  • Call-back Pay Article
  • Standby Article


Appendix D

Memorandum of Agreement Applicable to Certain Employees in the General Technical Group, Working on Rotating or Irregular Basis (Coast Guard Marine Search and Rescue (SAR) Controllers of the Rescue Coordination Centres and Marine Rescue Sub-Centres and Hovercraft Personnel)

The provisions of this Collective Agreement, with the amendments noted below, shall apply to Coast Guard Marine Search and Rescue (SAR) controllers of the Rescue Coordination Centres and Marine Rescue Sub-Centres and hovercraft personnel working on a rotating or irregular basis.

Article 25
Hours of Work

  1. Delete clause 25.09 except 25.09(c) and add the following:
    **
    • 25.09
      For employees who work on a rotating or irregular basis, the normal hours of work of thirty seven decimal five (37.5) hours per week and seven decimal five (7.5) hours per day may be arranged so that employees are scheduled:
      1. to work an average of thirty-seven decimal five (37.5) hours per week;
      2. to work over a period not exceeding sixty-three (63) days;
      3. to work shifts of twelve (12) hours duration (except as may be otherwise agreed), where a shift is defined as the continuous duration of time between the employee's scheduled start time and the scheduled stop time;
      4. notwithstanding the provisions of this Article, it may be operationally advantageous to implement changes to the duration of a shift from those currently in place. Any such change may be advanced by either party and must be mutually agreed between the Employer and the majority of employees affected;
      5. to work, subject to operational requirements, consecutive shifts of not more than four (4) twelve (12) hours shifts where twelve (12) hour shifts are in place;
      6. to obtain an average of two (2) days of rest per week.
  2. The Employer will make every reasonable effort:
    1. to avoid excessive fluctuations;
    2. to provide at least two (2) consecutive days of rest, except when days of rest are separated by a designated paid holiday that is not worked;
    3. to consider the wishes of the majority of the employees concerned in the arrangement of shifts within a shift schedule;
    **
    1. to have each schedule posted at least fourteen (14) days in advance of its starting date. If an employee is given less than seven (7) days advance notice of a change in his or her shift schedule, the employee will receive a premium rate of time and one-half (1 1/2) for work performed on the first shift changed. Subsequent shifts worked on the new schedule shall be paid for at the hourly rate of pay;
    2. to provide a meal break during the employee's full shift and, where operational requirements do not permit a meal break, the employee will remain at work and eat the meal on the job.

**

  1. Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer. Once an exchange of shifts has been approved, it will be the responsibility of the employees involved to report for duty in accordance with the approved exchange.
  2. Employees to whom this Memorandum applies shall be subject to clauses 25.10 to 25.13 of this Collective Agreement.


Appendix E

Memorandum of Understanding Concerning Employees in the General Technical Group, Employed By the Department of Fisheries and Oceans

**

  1. Notwithstanding the provisions of Article 25 and Appendix G of this Collective Agreement, employees involved in regulating marine traffic and/or providing radio services to the marine community may, with the approval of the Employer, complete their weekly hours of employment in a period other than five (5) full days provided that over a period to be determined by the Employer, employees work an average of thirty-seven decimal five (37.5) hours per week. In every such period, employees shall be granted days of rest on days not scheduled as normal workdays for them.
  2. Notwithstanding anything to the contrary contained in this Collective 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 Collective Agreement.
  3. Any hours of work arrangement in accordance with paragraph 1 of this Memorandum of Understanding may be at the request of either party and must be mutually agreed between the Employer and the majority of employees affected and shall apply to all employees at the work unit.
  4. Any special arrangement established under this Memorandum of Understanding shall be subject to the provisions of clauses 25.10 to 25.13 of this Collective Agreement.
  5. Hours of work arrangements that have been implemented at a worksite in accordance with this Memorandum of Understanding may be discontinued at the end of the averaging period, provided written notice is provided by either party at least thirty (30) days in advance, or earlier if mutually agreed.
  6. The Public Service Alliance of Canada agrees it will not support any grievances arising out of this Collective Agreement whose provisions are amended by this Memorandum of Understanding.


Appendix F

Memorandum of Agreement Applicable to Survival Instructors in the General Technical Group, in the Department of National Defence

**

This will confirm the understanding reached in negotiations that for the term of this Collective Agreement, that notwithstanding the terms of this Agreement, employees engaged as survival instructors in the Department of National Defence shall be compensated for all hours in excess of seven decimal five (7.5) hours per day spent during the trek and caretaker phases of their duties on the basis of one (1) working day off for each twenty-four (24) hour period spent on such duties.



Appendix G

Memorandum of Agreement Applicable to Certain Employees in the General Technical Group, Employed By the Department of Fisheries and Oceans

It is agreed by the Treasury Board and the Public Service Alliance of Canada that the provisions of this Collective Agreement, with the amendments noted below, may be applied to shift workers at Vessel Traffic Management Centres of the Department of Fisheries and Oceans at the Employer's discretion after complying with clauses 25.09(d)(iii) and 25.03 of the Collective Agreement.

Article 25
Hours of Work

Delete clause 25.09 of the Collective Agreement and substitute the following:

25.09 When, because of the operational requirements of the service, hours of work are scheduled for employees on a rotating or irregular basis, they shall be scheduled so that employees, over a period of not more than sixty-three (63) calendar days:

**

  1. work an average of thirty-seven decimal five (37.5) hours per week;
  2. work eight (8) hours per day;
  3. obtain an average of at least two (2) days of rest per week;
  4. obtain at least two (2) consecutive days of rest, except, when days of rest are separated by a designated paid holiday, which is not worked;
  5. where operational requirements do not permit a meal break, will remain at work and eat their meal on the job;
  6. the Employer shall set up a master shift schedule for a sixty-three (63) day period, posted at least fifteen (15) days in advance, which will cover the normal requirements of the work area;
  7. every reasonable effort shall be made by the Employer to avoid excessive fluctuations in hours of work.

Article 28
Overtime

Delete clause 28.01, Overtime Compensation, of the Collective Agreement and substitute the following:

28.01 Overtime Compensation

  1. An employee who is required to work overtime on the employee's scheduled workday is entitled to compensation at time and one-half (1 1/2) for all hours worked in excess of eight (8) hours.
  2. Except as provided in 28.01(b), an employee who is required to work on a first (1st) day of rest is entitled to compensation at time and one-half (1 1/2) for the first eight (8) hours and double (2) time thereafter.
  3. An employee who is required to work on a second or subsequent day of rest is entitled to compensation at double (2) time. Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest.
  4. An employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by the employee.

Article 38
Vacation Leave With Pay

Add paragraph 38.05(e) to clause 38.05, Scheduling of Vacation Leave With Pay, of the Collective Agreement as follows:

38.05

  1. Employees shall take vacation leave on the basis of the schedule being worked.

Appendix H

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada With Respect to a Joint Learning Program

**

This memorandum is to give effect to the agreement reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administration Services, Operational Services, Technical Services, Border Services and Education and Library Science bargaining units.

**

The Employer agrees to provide eight million seven hundred and fifty thousand dollars ($8,750,000) over the life of this Collective Agreement to fund a joint learning program. The Employer agrees to provide a further $292,000 per month to the PSAC-TBS JLP from June 22, 2011 until the next collective agreement is signed to ensure continuity of this initiative.

The PSAC-TBS JLP will provide joint training on union-management issues.

**

This program will be governed by the existing joint PSAC – TBS committee.

Appendix I

Memorandum of Agreement Concerning Employees in the Engineering and Scientific Support Group in the Sea Lamprey Control Unit

Notwithstanding the provisions of Article 25, Hours of Work, and Article 28, Overtime, the following provisions shall apply to employees of the Sea Lamprey Control Unit of the Department of Fisheries and Oceans who are required to perform work away from their headquarters area during the "field season" and it is impractical or impossible for them to return to their headquarters area on weekends.

**

It is agreed that representatives of local management and duly authorized local representatives of employees may jointly devise and decide on a mutually acceptable work schedule program, which shall include a specified number of consecutive calendar days of work in the field followed by a combination of days of rest and compensatory leave earned during the period of field duty. The schedule will not contain the hours of work on each day and the starting and quitting times shall be determined according to operational requirements on a daily basis except that the normal daily hours of work shall be consecutive, with the exception of a lunch break, and not in excess of seven decimal five (7.5) hours and, accordingly, clause 25.08 shall not apply.

Such a work schedule shall normally not exceed a combination of twenty (20) consecutive calendar days of work and eight (8) days of rest and compensatory leave. Should local management decide that operational requirements require an extension of the twenty (20) calendar days of work [up to a maximum of seven (7) calendar days] in order to preclude another trip to the area, the appropriate number of additional days shall be worked and the days of rest and compensatory leave extended as required.

Overtime shall be compensated in accordance with this Collective Agreement and shall be taken as compensatory leave immediately following the period in the field or at the discretion of the Employer.

The Public Service Alliance of Canada agrees that it will not support any grievance related to the provisions of this Memorandum of Agreement.

Appendix J

Memorandum of Agreement Concerning Employees in the Engineering and Scientific Support Group, Employed at Defence Research and Development Canada

Notwithstanding the provisions of Article 25, Hours of Work, and Article 28, Overtime, the following provisions shall apply to certain employees of the Department of National Defence working at Defence Research and Development Canada (DRDC) who engage in experimental diving tests, trials and experiments, hereinafter referred to as "dives":

  1. There shall be instituted a form of compensation known as "diving allowance", the details of which are to follow.
  2. The type of dive is to be discussed with the employees concerned in advance of the event so that they understand the nature of the dive and the appropriate amount of compensation which will be provided in accordance with this Memorandum of Agreement.
  3. When employees participate in dives, the normal overtime provisions of the Collective Agreement shall not apply; but they shall be compensated as follows:
    • On a normal working day, employees shall receive their regular pay for the day.
    **
    • On a day of rest or a designated paid holiday, they shall be paid up to a maximum of seven decimal five (7.5) hours at the applicable overtime rate.
  4. In addition, employees shall be entitled to remuneration through the provision of the diving allowance in the following manner if:
    1. they are qualified to the standards prescribed in orders issued by the Chief of the Defence Staff for members of the Canadian Forces as clearance divers or ship's divers;
      and
    2. their duties include participating in dives;
      or
    3. they volunteer and are directed to participate in dives;
      at the rate of:
      1. one hundred and eleven dollars ($111) per month,
        or
      2. one hundred and sixty-six dollars ($166) per month after three (3) years,
        or
      3. two hundred and one dollars ($201) per month after six (6) years for the period they are required to participate on a continuous basis as a member of Defence Research and Development Canada,
  5. Employees who are qualified in accordance with paragraph 4 are entitled, in addition to any entitlement under that paragraph, to the daily rate as set out in the table hereunder for each complete twenty-four (24) hour period and for any remaining period of more than six (6) hours during which they are participating in an experimental saturation dive and subsequent decompression.
    Column I
    Depth (in feet)    		 Column II
    Depth (in metres)    		 Column III
    Daily Rate
    50 - 250 15.24 - 76.20 $31.17
    251 - 600 76.50 - 182.88 $51.90
    Over 600 Over 182.88 $74.18
  6. The nature of a requirement to participate in a dive shall be identified as either a requirement without option or a voluntary act in the employee's current statement of duties. This shall be subject to review on an annual basis.
  7. In the event of an upward revision of military diving allowances, the allowances specified in this Memorandum shall be adjusted accordingly. This does not preclude further discussion of this allowance at the formal negotiations of a collective agreement.

Appendix K

Special Provisions for Employees in the Engineering and Scientific Support Group Concerning Diving Duty Allowance, Vacation Leave With Pay, National Consultation Committee and Transfer at Sea

K-1 Diving Duty Allowance

K-1.01 Qualified personnel performing assigned diving duties shall be paid an extra allowance of fifteen dollars ($15) per hour. The minimum allowance shall be for two (2) hours per dive.

K-1.02 A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of a self-contained air supply.

K-2 Vacation Leave With Pay

K-2.01 At least eight (8) days notice must be given for requests of vacation leave of four (4) days or less.

K-2.02 The Employer may for good and sufficient reason grant vacation leave on shorter notice than that provided for in clause K-2.01.

K-3 National Consultation Committee

K-3.01 To facilitate discussions on matters of mutual interest outside the terms of the Collective Agreement, the Employer will recognize a meteorological technicians committee of the Alliance for the purpose of consulting with management. Representation at such meetings will be limited to three (3) representatives from each party. It is agreed that the first of such meetings will be held within three (3) months of the date of the signing of this Agreement, and thereafter as determined by mutual agreement.

K-3.02 Meetings of this Committee will be held at Atmospheric Environment Services headquarters. Employee representation on this committee should include not less than one (1) member from a field establishment.

K-3.03 Consultation may take place for the purpose of providing information, discussing the application of policy or airing problems to promote understanding, but it is expressly understood that no commitment may be made by either party on the subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

K-4 Transfer at Sea Allowance

K-4.01 When an employee is required to transfer to a skip, submarine or barge (not berthed) from a helicopter, ship's boat, yardcraft or auxiliary vessel, the employee shall be paid a transfer allowance of five dollars ($5) except when transferring between vessels and/or work platforms which are in a secured state to each other for the purpose of performing a specific task such as deperming. If the employee leaves the ship, submarine or barge by a similar transfer, the employee shall be paid an additional five dollars ($5).



Appendix L

Memorandum of Agreement Concerning Employees in the Engineering and Scientific Support Group, Employed By the Department of National Defence Engaged in Sea Trials

Employees in the Engineering and Scientific Support Group employed by the Department of National Defence engaged in Sea Trials under the following conditions will be remunerated in accordance with the terms below:

    1. When an employee is scheduled to proceed to sea beyond the harbour limits aboard a naval vessel, submarine, auxiliary vessel or yardcraft for the purpose of conducting trials, repairing defects or dumping ammunition, the employee shall be paid for all hours aboard to a maximum of fifteen (15) hours at the straight-time rate per day;
      or
      at the applicable rate of pay for all hours worked whichever is greater.
    2. In addition, an employee shall receive a submarine trials allowance equal to twenty-five per cent (25 %) of his or her basic hourly rate for each completed one-half (1/2) hour the employee is required to be in a submarine.
    1. When an employee is required to be in a submarine when it is in a closed down condition either alongside a jetty or within a harbour, on the surface or submerged; i.e. when the pressure hull is sealed and undergoing trials, such as vacuum tests, high pressure tests, snort trials, battery ventilation trials or other recognized formal trials, or the submarine is rigged for diving, the employee shall be compensated for all hours aboard at the applicable rate of pay for all hours' worked and at the straight-time rate for all unworked hours.
    2. In addition, an employee shall receive a submarine trial allowance in accordance with 1(b).
  3. Upon the request of an employee and with the approval of the Employer, the employee may be compensated in equivalent leave with pay.
  4. Compensatory leave is to be granted at the convenience of the employee where operational requirements permit.
  5. Certain provisions of the Collective Agreement for which an employee normally may be eligible are inapplicable if the employee is in receipt of remuneration in accordance with the provisions set out in this Memorandum. The articles which do not have application to employees covered by this Memorandum are:
    • Call-Back Pay
    • Reporting Pay
    • Shift Premium
    • Travelling Time
    • Standby


Appendix M

Hours of Work for Employees in the Primary Products Inspection (PI) Group

25.01 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.

25.02 The Employer agrees that, before a schedule of working hours is changed, the changes will be discussed with the appropriate steward of the Alliance if the change will affect a majority of the employees governed by the schedule.

25.03 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

**

25.04 Except as provided for in clause 25.05, the normal workweek shall be thirty-seven decimal five (37.5) hours exclusive of lunch periods, comprising five (5) days of seven decimal five (7.5) hours each, Monday to Friday. The workday shall be scheduled to fall within an eight (8) hour period where the lunch period is one-half (1/2) hour or within an eight decimal five (8.5) hour period where the lunch period is more than one half (1/2) hour and not more than one (1) hour. Such work periods shall be scheduled between the hours of 0600 and 1800 unless otherwise agreed in consultation with the Alliance and the Employer at the appropriate level.

25.05 For employees who work on a rotating or irregular basis:

  1. normal hours of work shall be scheduled so that employees work:
    **
    1. an average of thirty-seven decimal five (37.5) hours per week and an average of five (5) days per week;
      and
    **
    1. either seven decimal five (7.5) hours per day;
      or
    **
    1. an average of seven decimal five (7.5) hours per day where so agreed between the Employer and the majority of the employees affected;
    2. subject to the operational requirements of the service, an employee's days of rest shall be consecutive and not less than two (2).
  2. Every reasonable effort shall be made by the Employer:
    1. not to schedule the commencement of a shift within twelve (12) hours of the completion of the employee's previous shift;
    2. to avoid excessive fluctuations in hours of work;
    3. to consider the wishes of the majority of employees concerned in the arrangement of shifts within a shift schedule;
    4. to arrange shifts over a period of time not exceeding two (2) months and to post schedules at least seven (7) days in advance of the starting date of the new schedule.

**

25.06 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period 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-day (28) period such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for the employee.

25.07 The Employer shall make every reasonable effort to schedule a meal break of at least one-half (1/2) hour during each full shift which shall not constitute part of the work period. Such meal break shall be scheduled as close as possible to the mid-point of the shift, unless an alternate arrangement is agreed to at the appropriate level between the Employer and the employee. If an employee is not given a meal break scheduled in advance, all time from the commencement to the termination of the employee's full shift shall be deemed time worked.

25.08 When an employee's scheduled shift does not commence and end on the same day, such shift shall be considered for all purposes to have been entirely worked:

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

Accordingly, the first (1st) day of rest will be considered to start immediately after midnight of the calendar day on which the employee worked or is considered to have worked his or her last scheduled shift; and the second (2nd) day of rest will start immediately after midnight of the employee's first (1st) day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.

25.09 Two (2) rest periods of fifteen (15) minutes each shall be scheduled during each normal working day.

25.10 If an employee is given less than seven (7) days' advance notice of a change in that employee's shift schedule, the employee will receive a premium rate of time and one-half (1 1/2) for work performed on the first (1st) shift changed. Subsequent shifts worked on the new schedule shall be paid for at straight time.

Terms and Conditions Governing the Administration of Variable Hours of Work

25.11 The terms and conditions governing the administration of variable hours of work implemented pursuant to paragraph 25.05(a) and clause 25.06 are specified in clauses 25.11 to 25.14. This Agreement is modified by these provisions to the extent specified herein.

25.12 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.

25.13

**

  1. The scheduled hours of work of any day, may exceed or be less than seven decimal five (7.5) hours; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Employer and the daily hours of work shall be consecutive.

**

  1. Such schedules shall provide an average of thirty-seven decimal five (37.5) hours of work per week over the life of the schedule. The maximum life of a schedule for day shift workers shall be twenty-eight (28) days. The maximum life of a shift schedule for shift workers shall be one hundred and twenty-six (126) days.
  2. Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

25.14 For greater certainty, the following provisions of this Agreement shall be administered as provided herein:

  1. Interpretation and Definitions (clause 2.01)
    • "Daily rate of pay" - shall not apply.
  2. Minimum Number of Hours Between Shifts
    • Subparagraph 25.05(b)(i), relating to the minimum period between the end of the employee's shift and the beginning of the next shift, shall not apply.
  3. Exchange of Shifts (clause 25.03)
    • On exchange of shifts between employees, the Employer shall pay as if no exchange had occurred.
  4. Designated Paid Holidays (clause 32.05)
    1. A designated paid holiday shall account for seven decimal five (7.5) hours.
    2. When an employee works on a designated paid holiday, the employee shall be compensated, in addition to the pay for the hours specified in subparagraph (i), at time and one-half (1 1/2) up to his or her regular scheduled hours worked and at double (2) time for all hours worked in excess of his or her regular scheduled hours.
  5. Travel
    • Overtime compensation referred to in clause 34.04 shall only be applicable on a workday for hours in excess of the employee's daily scheduled hours of work.
  6. Acting Pay
    • The qualifying period for acting pay as specified in paragraph 64.07(a) shall be converted to hours.
  7. Shift Premium
    • Shift work employees on variable hour shift schedules pursuant to Appendix D of this agreement will receive a shift premium in accordance with clause 27.01.
  8. Overtime
    • Overtime shall be compensated for all work performed on regular working days or on days of rest at time and three-quarters (1 3/4).

**Appendix N

Memorandum of Agreement Respecting Sessional Leave for Certain Employees of the Translation Bureau

This Memorandum is to give effect to the agreement reached between the Employer and the PSAC respecting sessional leave for certain employees of the Translation Bureau.

This Memorandum of Agreement shall apply to employees classified as GT who are assigned in the operational sections serving Parliament (Parliamentary Committees, Parliamentary Debates, Parliamentary Documents and Parliamentary Interpretation Services) and who share the same working conditions as members of the Translation bargaining unit who are eligible for Parliamentary Leave.

Notwithstanding the provisions of this Agreement, the following is agreed:

  1. Sessional Leave
    1. In addition to their vacation leave with pay, employees assigned to operational translation and interpretation sections serving Parliament shall receive special compensation in the form of sessional leave.
    2. The maximum number of days of sessional leave is forty (40) per fiscal year.
    3. An employee is entitled to a number of days of sessional leave equal to the maximum number of days multiplied by a fraction in which the numerator corresponds to the number of the employee's sessional workdays during the fiscal year and the denominator corresponds to the number of days that the House of Commons was in session during that fiscal year.
    4. The granting of sessional leave is subject to operational requirements and such leave must normally be taken during periods of low demand in the fiscal year for which it is granted. If operational requirements do not permit the Employer to grant sessional leave during the fiscal year, such leave must be granted before the end of the following fiscal year.
    5. If an employee is granted sessional leave in advance and, at the end of the fiscal year, has been granted more leave of this type than earned, the maximum number of days referred to in paragraph (b) shall be reduced accordingly.
  2.  Exclusions
    • The provisions of Part III of this Agreement, except for clauses 32.01 to 32.03 and 32.08, do not apply to employees who receive sessional leave in accordance with this Memorandum.

Appendix O

Memorandum of Agreement Between the Treasury Board (Hereinafter Called the Employer) and the Public Service Alliance of Canada (Hereinafter Called the Alliance) in Respect of an Off Pay Supplemental Unemployment Benefit (SUB) Plan Applicable to Employees in the Primary Product Inspection (PI) Group at the Canadian Grain Commission

**

  1. Supplemental Unemployment Benefit (SUB) Plan benefits shall be payable to full-time indeterminate employees in the amount and subject to the conditions set out in this Plan. The employee must be on off-pay status as a result of a temporary stoppage of work and must have a recall date. Seasonal employees as defined in the Employer's Directive on Terms and Conditions of Employment are not eligible for SUB Plan benefits.
  2. In order to be eligible for SUB Plan benefits an employee must have completed a minimum of two (2) years of continuous employment with the Employer at the time they are placed on off-pay status.
  3. SUB Plan benefits will be payable only to those employees on off-pay status who provides the Employer with proof that he or she has applied for and is in receipt of Employment Insurance (EI) benefits pursuant to section 12(2) of the Employment Insurance Act in respect of insurable employment with the Employer.
  4. An employee shall not be entitled to SUB Plan benefits during any period the employee is in receipt of benefits from a claim for Workers Compensation and/or Disability Insurance/Canada Pension Plan/Quebec Pension Plan.
  5. An employee on off-pay status who is eligible for benefits under this SUB plan shall receive seventy per cent (70 %) of their regular weekly rate of pay per week of off-pay status, or one-fifth (1/5) of the said seventy per cent (70 %) of their regular weekly rate of pay for each day, less the gross weekly amount received from EI during the benefit period and subject to the following maximums:

    After two (2) years of continuous employment 15 weeks
    After six (6) years of continuous employment 17 weeks
    After seven (7) years of continuous employment 19 weeks
    After eight (8) years of continuous employment 21 weeks
    After nine (9) years of continuous employment 23 weeks
    After ten (10) years of continuous employment 25 weeks
    After eleven (11) years of continuous employment 27 weeks
    After twelve (12) years of continuous employment 29 weeks
    After thirteen (13) years of continuous employment 31 weeks
    After fourteen (14) years of continuous employment 33 weeks
    After fifteen (15) years or more of continuous employment 35 weeks

    No employee shall be paid SUB Plan benefits for more than thirty-five (35) weeks in a calendar year.
  6. Where the employee is subject to the two (2) week waiting period before receiving EI benefits, the employee on off-pay status who is eligible for benefits under the SUB Plan shall receive thirty-five per cent (35 %) of their regular weekly rate of pay.
  7. The SUB Plan benefits are limited to those provided in paragraph (5) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.
  8. At the employee's request, the payment referred to in paragraph (6) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI benefits.
  9. The weekly rate of pay referred to in paragraphs (5) and (6) shall be:
    1. the employee's weekly rate of pay for the substantive level to which she or he is appointed, on the day immediately preceding the commencement of off-pay status;
      or
    2. if on the day immediately preceding the commencement of off-pay status an employee has been performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
  10. Where an employee becomes eligible for a pay increment or pay revision while on off-pay status, the benefits provided by the SUB Plan shall be adjusted accordingly.
  11. An employee covered by this Memorandum is not subject to the WFA (Appendix T), sections dealing with notice of layoff and reasonable job offer or the Severance Pay Article of the Collective Agreement.
  12. Payments made under this SUB Plan will neither reduce nor increase an employee's severance pay or be treated as additional income for pension purposes.
  13. The Employer shall notify employees on off pay status of any job postings for positions within the Canadian Grain Commission.

This does not prejudice the union's ability to challenge off pay status or the Employer's ability to impose off pay status.

Appendix P

Memorandum of Understanding Between the Treasury Board (Hereinafter Called the Employer) and the Public Service Alliance of Canada (Hereinafter Called the Alliance) in Respect of Employees in the Technical Inspection (TI) Group

Preamble

In an effort to resolve retention problems, the Employer will provide an allowance to incumbents of specific positions for the performance of duties in the Technical Inspection Group.

Employees in Transport Canada, Transport Safety Board, Public Works and Government Services Canada, and Fisheries and Oceans, Canadian Coast Guard who are incumbents at the TI-5 through TI-8 levels in the following positions and who possess the listed qualifications shall be entitled to Terminable Allowances as listed below.

  • marine inspectors, surveyors, investigators and DFO-CCG Vessel Support Group employees who have knowledge of and extensive experience in the design, construction, operation or maintenance of vessels as demonstrated by possession of the appropriate marine certificate of competency or university degree/diploma, combined with extensive experience in the field.
  • air investigators, civil aviation safety inspectors and aircraft inspectors who have extensive aircraft maintenance engineering experience and who possess a valid Aircraft Maintenance Engineer licence.
  • civil aviation safety inspectors holding a university degree, college certificate or a current membership in the American Society for Quality Control, with six (6) to ten (10) years of manufacturing process experience. Non-destructive specialist having ten (10) years in the field of non-destructive testing, preferably with an aircraft background and a C.G.S.B certification covering Radiography (Aircraft Structures), Magnetic Particle, Liquid Penetrant and Eddy Current inspection are also employed.
  • rail investigators and inspectors with qualifications in at least one of the following disciplines: locomotive engineer, conductor, brake person, track specialist, rail traffic controller/dispatcher, equipment/car/locomotive inspector, mechanical officer, signal maintainer and operations officer, and with extensive operational experience in the railway industry or CANAC/FRA certification.
  1. On the date of signing of this Memorandum of Understanding, the parties agree that incumbents of above listed positions shall be eligible to receive a "terminable allowance" in the following amounts and subject to the following conditions:
    **
    1. An Allowance to be paid in accordance with the following grids:

      Terminable Allowance - Aviation
      Level Monthly Payments in Respect of
      June 2007 to June 2011
      TI-5 $246.92
      TI-6 $549.17
      TI-7 $759.83
      TI-8 $759.83
      Terminable Allowance - Marine
      Level Monthly Payments in Respect of
      June 2007 to June 2011
      TI-5 $486.92
      TI-6 $916.67
      TI-7 $609.83
      TI-8 $609.83
      Terminable Allowance - Railway Safety
      Level Monthly Payments in Respect of
      June 2007 to June 2011
      TI-6 $469.16
      TI-7 $469.16
      TI-8 $469.16

    2. The terminable allowance specified above does not form part of an employee's salary.
    3. An employee in the positions outlined above shall be paid the terminable allowance for each calendar month for which the employee receives at least seventy-five (75) hours' pay.
    4. The terminable allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this Collective Agreement.
    5. Subject to 1(vi) below, the amount of the terminable allowance payable is that amount specified in 1(i) for the level prescribed in the certificate of appointment of the employee's substantive position.
    6. When an employee is required by the Employer to perform the duties of a higher classification level in accordance with clause 65.07, the terminable allowance payable shall be proportionate to the time at each level.
    7. Part-time employees shall be entitled to the terminable allowance on a pro-rata basis.
  2. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject to consultation.

**

  1. This Memorandum of Understanding expires on June 21, 2011.

Appendix Q

Memorandum of Agreement Concerning Employees in the General Technical, Technical Inspection and Engineering and Scientific Support Groups, Employed By the Department of National Defence (Defence Research Establishments)

For the term of this Collective Agreement after the date of its signing, employees in the General Technical, Technical Inspection and Engineering and Scientific Support Groups, employed by the Department of National Defence in positions at Defence Research Establishments engaged in trials, tests and experiments conducted outside their headquarters area will be remunerated in accordance with the former employer's (Defence Research Board) remuneration policy, as delineated in Personnel Letter No. 1-1974, dated January 4, 1974, DRB Administrative Order No. 304 and Appendix A thereto.

Appendix R

Special Conditions Applicable to Certain Aircraft Maintenance Engineers

The following special conditions shall apply only to aircraft maintenance engineers of the Aircraft Services Directorate, Transport Canada:

  1. When Aircraft Services Directorate helicopter aircraft maintenance engineers are performing their duties while assigned to shipboard or special assignment,
      1. The following provisions of the Collective Agreement shall not apply:
        • Articles 25 and 28 – Hours of Work and Overtime
        • Article 27 – Shift Premiums
        • Article 29 – Call-Back Pay
        • Article 30 – Standby
        • Article 31 – Reporting Pay
        • Clause 32.05 – Compensation for work on a holiday
        • Article 34 – Travelling Time
        • Article 61 – Wash-up Time
        • Appendix K-4 – Transfer at Sea Allowance
      2. Notwithstanding the above, Travel Status Leave, Clause 34.09 of this Agreement, shall apply to employees covered under the Special Assignment Allowance in clause (c) below.
    2. They shall receive a weekly shipboard or special assignment allowance of thirty (30) hours compensation at the rate of time and one-half (1 1/2) for each period of seven (7) days in which he or she is required to undertake shipboard or special assignment duties. Periods of less than seven (7) days will be prorated.
    3. The special assignment allowance applies to helicopter operations north of fifty-five (55o) degrees latitude north.
    4. The shipboard or special assignment allowance shall not apply to employees receiving isolated post allowance or any other special allowance for hardship and isolation.
    5. Subject to operational requirements, as determined by the Employer, compensation earned under sub-clause 1(b) may, at the request of the Employer or the employee, and with reasonable notice, be granted in leave at times mutually convenient.
    6. If any such leave cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's then current rate of pay.
    7. When an aircraft maintenance engineer on shipboard or special assignment works on a designated paid holiday, he or she shall be credited with one (1) day of leave with pay in lieu of the holiday.
    1. Aircraft maintenance engineers who are required to perform flight duties other than test flights shall be paid an allowance of one-hundred dollars ($100) per month, provided such employees complete not less than fifteen (15) hours' flying time in the performance of such duties each calendar quarter.
    2. Aircraft maintenance engineers shall be paid a flying time premium of fifteen ($15) per hour or part thereof, while performing flight tests authorized by the appropriate responsible manager or the team leader in Ottawa, or by the Regional Manager Aircraft Maintenance, the team leader or the senior aircraft maintenance engineer in the regions.
  3. Aircraft maintenance engineers in the EG Group whose normal workplace is Transport Canada, Aircraft Services Directorate, Ottawa, or any of the Canadian Coast Guard helicopter bases, who are assigned to work as crewmen on the Executive Flight, or on Canadian Coast Guard helicopters and who are not in receipt of the Shipboard or special assignment allowance under 1(b) above, will be compensated for a minimum of eight (8) hours at their straight-time rate of pay for each day of rest or designated paid holiday while they are on duty away from their headquarters area. Upon request and with the approval of the Employer, such time may be granted as compensatory leave at times mutually acceptable to the employee and the Employer. If any such leave cannot be liquidated by the end of the fiscal year, then payment in cash will be made at the employee's then current rate of pay.


Appendix S

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada With Respect to Implementation of the Collective Agreement

This Memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of the implementation period of the Collective Agreement.

The provisions of this Collective Agreement shall be implemented by the parties within a period of one hundred and fifty (150) days from the date of signing.

Appendix T

Workforce Adjustment

Table of Contents

General

Application

This Appendix applies to all employees. Unless explicitly specified, the provisions contained in Parts I to VI do not apply to alternative delivery initiatives.

Collective Agreement

With the exception of those provisions for which the Public Service Commission (PSC) is responsible, this Appendix is part of this Agreement.

Notwithstanding the Job Security Article, in the event of conflict between the present Workforce Adjustment Appendix and that Article, the present Workforce Adjustment Appendix will take precedence.

Objectives

It is the policy of the Employer to maximize employment opportunities for indeterminate employees affected by workforce adjustment situations, primarily through ensuring that, wherever possible, alternative employment opportunities are provided to them. This should not be construed as the continuation of a specific position or job but rather as continued employment.

To this end, every indeterminate employee whose services will no longer be required because of a workforce adjustment situation and for whom the deputy head knows or can predict that employment will be available will receive a guarantee of a reasonable job offer within the Core Public Administration. Those employees for whom the deputy head cannot provide the guarantee will have access to transitional employment arrangements (as per Parts VI and VII).

Definitions

Accelerated layoff (mise en disponibilité accélérée)
occurs when a surplus employee makes a request to the deputy head, in writing, to be laid-off at an earlier date than that originally scheduled, and the deputy head concurs. Layoff entitlements begin on the actual date of layoff.
Affected employee (employé-e touché)
is an indeterminate employee who has been informed in writing that his or her services may no longer be required because of a workforce adjustment situation.
Alternation (échange de postes)
occurs when an opting employee (not a surplus employee) who wishes to remain in the Core Public Administration exchanges positions with a non-affected employee (the alternate) willing to leave the Core Public Administration with a transition support measure or with an education allowance.
Alternative delivery initiative (diversification des modes de prestation des services)
is the transfer of any work, undertaking or business of the Core Public Administration to any body or corporation that is a separate agency or that is outside the Core Public Administration.
Appointing department or organization (ministère ou organisation d'accueil)
is a department or organization which has agreed to appoint or consider for appointment (either immediately or after retraining) a surplus or a laid-off person.

**

Core Public Administration (Administration publique centrale)
means that part of the public service in or under any department or organization, or other portion of the federal public administration specified in Schedules I and IV to the Financial Administration Act (FAA) for which the PSC has the sole authority to appoint.
Deputy head (administrateur général)
has the same meaning as in the definition of "deputy head" set out in section 2 of the Public Service Employment Act, and also means his or her official designate.

**

Education allowance (indemnité d'études)
is one of the options provided to an indeterminate employee affected by normal workforce adjustment for whom the deputy head cannot guarantee a reasonable job offer. The education allowance is a cash payment equivalent to the transition support measure (see Annex B), plus a reimbursement of tuition from a recognized learning institution and book and mandatory equipment costs, up to a maximum of ten thousand dollars ($10,000).
Guarantee of a reasonable job offer (garantie d'une offre d'emploi raisonnable)
is a guarantee of an offer of indeterminate employment within the Core Public Administration provided by the deputy head to an indeterminate employee who is affected by workforce adjustment. Deputy heads will be expected to provide a guarantee of a reasonable job offer to those affected employees for whom they know or can predict that employment will be available in the Core Public Administration. Surplus employees in receipt of this guarantee will not have access to the options available in Part VI of this Appendix.
Home department or organization (ministère ou organisation d'attache)
is a department or organization declaring an individual employee surplus.
Laid-off person (personne mise en disponibilité)
is a person who has been laid-off pursuant to subsection 64(1) of the PSEA and who still retains an appointment priority under subsection 41(4) and section 64 of the PSEA.
Layoff notice (avis de mise en disponibilité)
is a written notice of layoff to be given to a surplus employee at least one (1) month before the scheduled layoff date. This period is included in the surplus period.

**

Layoff priority (priorité de mise en disponibilité)
a person who has been laid-off is entitled to a priority, in accordance with subsection 41(5) of the PSEA with respect to any position to which the PSC is satisfied that the person meets the essential qualifications; the period of entitlement to this priority is one (1) year as set out in section 11 of the PSER.
Opting employee (employé-e optant)
is an indeterminate employee whose services will no longer be required because of a workforce adjustment situation, who has not received a guarantee of a reasonable job offer from the deputy head and who has one hundred and twenty (120) days to consider the options in section 6.3 of this Appendix.

**

Organization (organisation)
Any Board, Agency, Commission or other body, specified in Schedules I and IV of the Financial Administration Act (FAA), that is not a department.
Pay (rémunération)
has the same meaning as "rate of pay" in this Agreement.
Priority Information Management System (système de gestion de l'information sur les priorités)
is a system designed by the PSC to facilitate appointments of individuals entitled to statutory and regulatory priorities.

**

Reasonable job offer (offre d'emploi raisonnable)

is an offer of indeterminate employment within the Core Public Administration, normally at an equivalent level, but which could include lower levels. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee's headquarters as defined in the Travel Directive. In alternative delivery situations, a reasonable offer is one that meets the criteria set out under Type 1 and Type 2 in Part VII of this Appendix. A reasonable job offer is also an offer from a FAA Schedule V employer, providing that:

  1. The appointment is at a rate of pay and an attainable salary maximum not less than the employee's current salary and attainable maximum that would be in effect on the date of offer.
  2. It is a seamless transfer of all employee benefits including a recognition of years of service for the definition of continuous employment and accrual of benefits, including the transfer of sick leave credits, severance pay and accumulated vacation leave credits.

**

Reinstatement priority (priorité de réintégration)
is an entitlement provided to surplus employees and laid-off persons who are appointed or deployed to a position in the federal public administration at a lower level. As per section 10 of the PSER, the entitlement lasts for one (1) year.
Relocation (réinstallation)
is the authorized geographic move of a surplus employee or laid-off person from one place of duty to another place of duty located beyond what, according to local custom, is a normal commuting distance.
Relocation of work unit (réinstallation d'une unité de travail)
is the authorized move of a work unit of any size to a place of duty located beyond what, according to local custom, is normal commuting distance from the former work location and from the employee's current residence.
Retraining (recyclage)
is on-the-job training or other training intended to enable affected employees, surplus employees and laid-off persons to qualify for known or anticipated vacancies within the Core Public Administration.
Surplus employee (employé-e excédentaire)
is an indeterminate employee who has been formally declared surplus, in writing, by his or her deputy head.

**

Surplus priority (priorité d'employé-e excédentaire)
is an entitlement for a priority in appointment accorded in accordance with section 5 of the PSER and pursuant to section 40 of the PSEA; this entitlement is provided to surplus employees to be appointed in priority to another position in the federal public administration for which they meet the essential requirements.
Surplus status (statut d'employé-e excédentaire)
An indeterminate employee has surplus status from the date he or she is declared surplus until the date of layoff, until he or she is indeterminately appointed to another position, until his or her surplus status is rescinded, or until the person resigns.
Transition support measure (mesure de soutien à la transition)
is one of the options provided to an opting employee for whom the deputy head cannot guarantee a reasonable job offer. The transition support measure is a cash payment based on the employee's years of continuous employment, as per Annex B.
Twelve (12) month surplus priority period in which to secure a reasonable job offer (priorité d'employé-e excédentaire d'une durée de douze (12) mois pour trouver une offre d'emploi raisonnable)
is one of the options provided to an opting employee for whom the deputy head cannot guarantee a reasonable job offer.
Workforce adjustment (réaménagement des effectifs)
is a situation that occurs when a deputy head decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of a lack of work, the discontinuance of a function, a relocation in which the employee does not wish to participate or an alternative delivery initiative.

Authorities

The PSC has endorsed those portions of this Appendix for which it has responsibility.

Monitoring

Departments or organizations shall retain central information on all cases occurring under this Appendix, including the reasons for the action; the number, occupational groups and levels of employees concerned; the dates of notice given; the number of employees placed without retraining; the number of employees retrained (including number of salary months used in such training); the levels of positions to which employees are appointed and the cost of any salary protection; and the number, types and amounts of lump sums paid to employees.

This information will be used by the Treasury Board Secretariat to carry out its periodic audits.

**

References

The primary references for the subject of workforce adjustment are as follows:

**

Enquiries

Enquiries about this Appendix should be referred to the Alliance or to the responsible officers in departmental or organizational headquarters.

Responsible officers in departmental or organizational headquarters may, in turn, direct questions regarding the application of this Appendix to the Senior Director, Excluded Groups and Administrative Policies, Labour Relations and Compensation Operations, Treasury Board Secretariat.

Enquiries by employees pertaining to entitlements to a priority in appointment or to their status in relation to the priority appointment process should be directed to their departmental or organizational human resource advisors or to the Priority Advisor of the PSC responsible for their case.

Part I
Roles and responsibilities

1.1 Departments or organizations

1.1.1 Since indeterminate employees who are affected by workforce adjustment situations are not themselves responsible for such situations, it is the responsibility of departments or organizations to ensure that they are treated equitably and, whenever possible, given every reasonable opportunity to continue their careers as public service employees.

1.1.2 Departments or organizations shall carry out effective human resource planning to minimize the impact of workforce adjustment situations on indeterminate employees, on the department or organization, and on the public service.

1.1.3 Departments or organizations shall establish workforce adjustment committees, where appropriate, to manage the workforce adjustment situations within the department or organization.

**

1.1.4 Departments or organizations shall, as the home department or organization, cooperate with the PSC and appointing departments or organizations in joint efforts to redeploy departmental or organizational surplus employees and laid-off persons.

1.1.5 Departments or organizations shall establish systems to facilitate redeployment or retraining of their affected employees, surplus employees, and laid-off persons.

**

1.1.6 When a deputy head determines that the services of an employee are no longer required beyond a specified date due to lack of work or discontinuance of a function, the deputy head shall advise the employee, in writing, that his or her services will no longer be required.

Such a communication shall also indicate if the employee:

  1. is being provided with a guarantee from the deputy head that a reasonable job offer will be forthcoming and that the employee will have surplus status from that date on;
    or
  2. is an opting employee and has access to the options set out in section 6.3 of this Appendix because the employee is not in receipt of a guarantee of a reasonable job offer from the deputy head.

Where applicable, the communication should also provide the information relative to the employee's possible layoff date.

1.1.7 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those employees subject to workforce adjustment for whom they know or can predict that employment will be available in the Core Public Administration.

1.1.8 Where a deputy head cannot provide a guarantee of a reasonable job offer, the deputy head will provide one hundred and twenty (120) days to consider the three options outlined in Part VI of this Appendix to all opting employees before a decision is required of them. If the employee fails to select an option, the employee will be deemed to have selected Option (a), twelve (12) month surplus priority period in which to secure a reasonable job offer.

1.1.9 The deputy head shall make a determination to provide either a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix upon request by any indeterminate affected employee who can demonstrate that his or her duties have already ceased to exist.

1.1.10 Departments or organizations shall send written notice to the PSC of an employee's surplus status, and shall send to the PSC such details, forms, resumes, and other material as the PSC may from time to time prescribe as necessary for it to discharge its function.

1.1.11 Departments or organizations shall advise and consult with the Alliance representatives as completely as possible regarding any workforce adjustment situation as soon as possible after the decision has been made and throughout the process and will make available to the Alliance the name and work location of affected employees.

**

1.1.12 The home department or organization shall provide the PSC with a statement that it would be prepared to appoint the surplus employee to a suitable position in the department or organization commensurate with his or her qualifications if such a position were available.

1.1.13 Departments or organizations shall provide the employee with the official notification that he or she has become subject to a workforce adjustment and shall remind the employee that Appendix T, Workforce Adjustment, of this Agreement applies.

1.1.14 Deputy heads shall apply this Appendix so as to keep actual involuntary layoffs to a minimum, and a layoff shall normally occur only when an individual has refused a reasonable job offer, is not mobile, cannot be retrained within two (2) years, or is laid-off at his or her own request.

1.1.15 Departments or organizations are responsible for counselling and advising their affected employees on their opportunities for finding continuing employment in the public service.

1.1.16 Appointment of surplus employees to alternative positions with or without retraining shall normally be at a level equivalent to that previously held by the employee, but this does not preclude appointment to a lower level. Departments or organizations shall avoid appointment to a lower level except where all other avenues have been exhausted.

1.1.17 Home departments or organizations shall appoint as many of their own surplus employees or laid-off persons as possible or identify alternative positions (both actual and anticipated) for which individuals can be retrained.

1.1.18 Home departments or organizations shall relocate surplus employees and laid-off individuals, if necessary.

1.1.19 Relocation of surplus employees or laid-off persons shall be undertaken when the individuals indicate that they are willing to relocate and relocation will enable their redeployment or reappointment, provided that:

  1. there are no available priority persons, or priority persons with a higher priority, qualified and interested in the position being filled;
    or
  2. there are no available local surplus employees or laid-off persons who are interested and who could qualify with retraining.

1.1.20 The cost of travelling to interviews for possible appointments and of relocation to the new location shall be borne by the employee's home department or organization. Such cost shall be consistent with the Travel Directive and NJC Relocation Directive.

1.1.21 For the purposes of the NJC Relocation Directive, surplus employees and laid-off persons who relocate under this Appendix shall be deemed to be employees on employer-requested relocations. The general rule on minimum distances for relocation applies.

**

1.1.22 For the purposes of the Travel Directive, a laid-off persons travelling to interviews for possible reappointment to the Core Public Administration are deemed to be a "traveller" as defined in the Travel Directive.

**

1.1.23 For the surplus and/or layoff priority periods, home departments or organizations shall pay the salary, salary protection and/or termination costs as well as other authorized costs such as tuition, travel, relocation and retraining for surplus employees and laid-off persons, as provided for in this Agreement and the various directives unless the appointing department or organization is willing to absorb these costs in whole or in part.

**

1.1.24 Where a surplus employee is appointed by another department or organization to a term position, the home department or organization is responsible for the costs above for one (1) year from the date of such appointment, unless the home department or organization agree to a longer period, after which the appointing department or organization becomes the new home department or organization consistent with PSC authorities.

1.1.25 Departments or organizations shall protect the indeterminate status and surplus priority of a surplus indeterminate employee appointed to a term position under this Appendix.

**

1.1.26 Departments or organizations shall inform the PSC in a timely fashion, and in a method directed by the PSC, of the results of all referrals made to them under this Appendix.

**

1.1.27 Departments or organizations shall review the use of private temporary agency personnel, consultants, contractors, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, departments or organizations shall refrain from re-engaging such temporary agency personnel, consultants or contractors or renewing the employment of such employees referred to above where this will facilitate the appointment of surplus employees or laid-off persons.

1.1.28 Nothing in the foregoing shall restrict the Employer's right to engage or appoint persons to meet short-term, non-recurring requirements. Surplus and laid-off persons shall be given priority even for these short-term work opportunities.

1.1.29 Departments or organizations may layoff an employee at a date earlier than originally scheduled when the surplus employee so requests in writing.

1.1.30 Departments or organizations acting as appointing departments or organizations shall cooperate with the PSC and other departments or organizations in accepting, to the extent possible, affected, surplus and laid-off persons from other departments or organizations for appointment or retraining.

1.1.31 Departments or organizations shall provide surplus employees with a layoff notice at least one (1) month before the proposed layoff date if appointment efforts have been unsuccessful.

**

1.1.32 When a surplus employee refuses a reasonable job offer, he or she shall be subject to layoff one (1) month after the refusal, but not before six (6) months have elapsed since the surplus declaration date. The provisions of Annex C of this Appendix shall continue to apply.

1.1.33 Departments or organizations are to presume that each employee wishes to be redeployed unless the employee indicates the contrary in writing.

**

1.1.34 Departments or organizations shall inform and counsel affected and surplus employees as early and as completely as possible and, in addition, shall assign a counsellor to each opting and surplus employee and laid-off person, to work with him or her throughout the process. Such counselling is to include explanations and assistance concerning:

  1. the workforce adjustment situation and its effect on that individual;
  2. the Workforce Adjustment Appendix;
  3. the PSC's Priority Information Management System and how it works from the employee's perspective;
  4. preparation of a curriculum vitae or resumé;
  5. the employee's rights and obligations;
  6. the employee's current situation (e.g. pay, benefits such as severance pay and superannuation, classification, language rights, years of service);
  7. alternatives that might be available to the employee (alternation, appointment, relocation, retraining, lower-level employment, term employment, retirement including the possibility of waiver of penalty if entitled to an annual allowance, transition support measure, education allowance, pay in lieu of unfulfilled surplus period, resignation, accelerated layoff);
  8. the likelihood that the employee will be successfully appointed;
  9. the meaning of a guarantee of a reasonable job offer, a twelve (12) month surplus priority period in which to secure a reasonable job offer, a transition support measure and an education allowance;
  10. the Human Resources Centres and their services (including a recommendation that the employee register with the nearest office as soon as possible);
  11. preparation for interviews with prospective employers;
  12. feedback when an employee is not offered a position for which he or she was referred;
  13. repeat counselling as long as the individual is entitled to a staffing priority and has not been appointed;
    and
  14. advising the employee that refusal of a reasonable job offer will jeopardize both chances for retraining and overall employment continuity.

1.1.35 The home departments or organizations shall ensure that, when it is required to facilitate appointment, a retraining plan is prepared and agreed to in writing by it, the employee and the appointing department or organization.

1.1.36 Severance pay and other benefits flowing from other clauses in this Agreement are separate from and in addition to those in this Appendix.

1.1.37 Any surplus employee who resigns under this Appendix shall be deemed, for purposes of severance pay and retroactive remuneration, to be involuntarily laid-off as of the day on which the deputy head accepts in writing the employee's resignation.

**

1.1.38 The department or organization will review the status of each affected employee annually, or earlier, from the date of initial notification of affected status and determine whether the employee will remain on affected status or not.

**

1.1.39 The department or organization will notify the affected employee' in writing, within five (5) working days of the decision pursuant to subsection 1.1.38.

1.2 Treasury Board Secretariat

1.2.1 It is the responsibility of the Treasury Board Secretariat to:

  1. investigate and seek to resolve situations referred by the PSC or other parties;
  2. consider departmental or organizational requests for retraining resources.
    and

**

  1. ensure that departments or organizations are provided to the extent possible with information on occupations for which there are skill shortages.

**

1.3 Public Service Commission

1.3.1 Within the context of workforce adjustment, and the Public Service Commission's (PSC) governing legislation, it is the responsibility of the PSC to:

  1. ensure that priority entitlements are respected;
  2. ensure that a means exists for priority persons to be assessed against vacant positions and appointed if found qualified against the essential qualifications of the position; and
  3. ensure that priority persons are provided with information on their priority entitlements.

1.3.2 The PSC will, in accordance with the Privacy Act:

  1. provide the Treasury Board Secretariat with information related to the administration of priority entitlements which may reflect on departments' or organizations' level of compliance with this directive, and;
  2. provide information to the bargaining agents on the numbers and status of their members in the Priority Information Management System, as well as information on the overall system.

1.3.3 The PSC's roles and responsibilities flow from its governing legislation, not the collective agreement. As such, any changes made to these roles/responsibilities must be agreed upon by the Commission. For greater detail on the PSC's role in administering surplus and layoff priority entitlements, refer to Annex C of this Appendix.

1.4 Employees

1.4.1 Employees have the right to be represented by the Alliance in the application of this Appendix.

1.4.2 Employees who are directly affected by workforce adjustment situations and who receive a guarantee of a reasonable job offer or opt, or are deemed to have opted, for Option (a) of Part VI of this Appendix are responsible for:

  1. actively seeking alternative employment in cooperation with their departments or organizations and the PSC, unless they have advised the department or organization and the PSC, in writing, that they are not available for appointment;
  2. seeking information about their entitlements and obligations;
  3. providing timely information (including curricula vitae or resumés) to the home department or organization and to the PSC to assist them in their appointment activities;
  4. ensuring that they can be easily contacted by the PSC and appointing departments or organizations, and attending appointments related to referrals;
  5. seriously considering job opportunities presented to them (referrals within the home department or organization, referrals from the PSC, and job offers made by departments or organizations), including retraining and relocation possibilities, specified period appointments and lower-level appointments.

1.4.3 Opting employees are responsible for:

  1. considering the options in Part VI of this Appendix;
  2. communicating their choice of options, in writing, to their manager no later than one hundred and twenty (120) days after being declared opting.

Part II
Official notification

2.1 Department or organization

2.1.1 As already mentioned in 1.1.11, departments or organizations shall advise and consult with the bargaining agent representatives as completely as possible regarding any workforce adjustment situation as soon as possible after the decision has been made and throughout the process, and will make available to the bargaining agent the name and work location of affected employees.

**

2.1.2 In any workforce adjustment situation which is likely to involve ten (10) or more indeterminate employees covered by this Appendix, the department or organizations concerned shall notify the Treasury Board Secretariat of Canada, in confidence, at the earliest possible date and under no circumstances less than four (4) working days before the situation is announced.

**

2.1.3 Prior to notifying any potentially affected employee, departments or organizations shall also notify the Chief Executive Officer of the Alliance. Such notification is to be in writing, in confidence and at the earliest possible date and under no circumstances less than two (2) working days before any employee is notified of the workforce adjustment situation.

**

2.1.4 Such notification will include the identity and location of the work unit(s) involved, the expected date of the announcement, the anticipated timing of the workforce adjustment situation and the number, group and level of the employees who are likely to be affected by the decision.

Part III
Relocation of a work unit

3.1 General

3.1.1 In cases where a work unit is to be relocated, departments or organizations shall provide all employees whose positions are to be relocated with the opportunity to choose whether they wish to move with the position or be treated as if they were subject to a workforce adjustment situation.

3.1.2 Following written notification, employees must indicate, within a period of six (6) months, their intention to move. If the employee's intention is not to move with the relocated position, the deputy head can provide the employee with either a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix.

3.1.3 Employees relocating with their work units shall be treated in accordance with the provisions of 1.1.18 to 1.1.22.

3.1.4 Although departments or organizations will endeavour to respect employee location preferences, nothing precludes the department or organization from offering a relocated position to an employee in receipt of a guarantee of a reasonable job offer from his or her deputy head, after having spent as much time as operations permit looking for a reasonable job offer in the employee's location preference area.

3.1.5 Employees who are not in receipt of a guarantee of a reasonable job offer shall become opting employees and have access to the options in Part VI of this Appendix.

Part IV
Retraining

4.1 General

4.1.1 To facilitate the redeployment of affected employees, surplus employees and laid-off persons, departments or organizations shall make every reasonable effort to retrain such persons for:

  1. existing vacancies;
    or
  2. anticipated vacancies identified by management.

**

4.1.2 It is the responsibility of the employee, home department or organization and appointing department or organization to identify retraining opportunities pursuant to subsection 4.1.1.

**

4.1.3  When a retraining opportunity has been identified, the deputy head of the home department or organization shall approve up to two (2) years of retraining.

4.2 Surplus Employees

4.2.1 A surplus employee is eligible for retraining, provided that:

  1. retraining is needed to facilitate the appointment of the individual to a specific vacant position or will enable the individual to qualify for anticipated vacancies in occupations or locations where there is a shortage of qualified candidates;
    and
  2. there are no other available priority persons who qualify for the position.

**

4.2.2 The home department or organization is responsible for ensuring that an appropriate retraining plan is prepared and is agreed to in writing by the employee and the delegated officers of the home and appointing departments or organization. The home department or organization is responsible for informing the employee in a timely fashion if a retraining proposal submitted by the employee is not approved. Upon request of the employee, feedback regarding the decision will be provided in writing.

4.2.3 Once a retraining plan has been initiated, its continuation and completion are subject to satisfactory performance by the employee.

4.2.4 While on retraining, a surplus employee continues to be employed by the home department or organization and is entitled to be paid in accordance with his or her current appointment unless the appointing department or organization is willing to appoint the employee indeterminately, on condition of successful completion of retraining, in which case the retraining plan shall be included in the letter of offer.

4.2.5 When a retraining plan has been approved and the surplus employee continues to be employed by the home department or organization, the proposed layoff date shall be extended to the end of the retraining period, subject to 4.2.3.

4.2.6 An employee unsuccessful in retraining may be laid-off at the end of the surplus period if the Employer has been unsuccessful in making the employee a reasonable job offer.

4.2.7 In addition to all other rights and benefits granted pursuant to this section, an employee who is guaranteed a reasonable job offer is also guaranteed, subject to the employee's willingness to relocate, training to prepare the surplus employee for appointment to a position pursuant to 4.1.1, such training to continue for one (1) year or until the date of appointment to another position, whichever comes first. Appointment to this position is subject to successful completion of the training.

4.3 Laid-off persons

4.3.1 A laid-off person shall be eligible for retraining, provided that:

  1. retraining is needed to facilitate the appointment of the individual to a specific vacant position;
  2. the individual meets the minimum requirements set out in the relevant selection standard for appointment to the group concerned;
  3. there are no other available persons with priority who qualify for the position;
    and
  4. the appointing department or organization cannot justify a decision not to retrain the individual.

4.3.2 When an individual is offered an appointment conditional on successful completion of retraining, a retraining plan shall be included in the letter of offer. If the individual accepts the conditional offer, he or she will be appointed on an indeterminate basis to the full level of the position after having successfully completed training and being assessed as qualified for the position. When an individual accepts an appointment to a position with a lower maximum rate of pay than the position from which he or she was laid-off, the employee will be salary-protected in accordance with Part V.

Part V
Salary protection

5.1 Lower-level position

5.1.1 Surplus employees and laid-off persons appointed to a lower-level position under this Appendix shall have their salary and pay equity equalization payments, if any, protected in accordance with the salary protection provisions of this Agreement or, in the absence of such provisions, the appropriate provisions of the Regulations Respecting Pay on Reclassification or Conversion.

5.1.2 Employees whose salary is protected pursuant to 5.1.1 will continue to benefit from salary protection until such time as they are appointed or deployed into a position with a maximum rate of pay that is equal to or higher than the maximum rate of pay of the position from which they were declared surplus or laid-off.

Part VI
Options for employees

6.1 General

6.1.1 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those affected employees for whom they know or can predict that employment will be available. A deputy head who cannot provide such a guarantee shall provide his or her reasons in writing, if so requested by the employee. Employees in receipt of this guarantee will not have access to the choice of options below.

6.1.2 Employees who are not in receipt of a guarantee of a reasonable job offer from their deputy head have one hundred and twenty (120) days to consider the three options below before a decision is required of them.

6.1.3 The opting employee must choose, in writing, one (1) of the three (3) options of section 6.3 of this Appendix within the one hundred and twenty (120) day window. The employee cannot change options once he or she has made a written choice.

6.1.4 If the employee fails to select an option, the employee will be deemed to have selected Option (a), twelve (12) month surplus priority period in which to secure a reasonable job offer, at the end of the one hundred and twenty (120) day window.

6.1.5 If a reasonable job offer which does not require relocation is made at any time during the one hundred and twenty (120) day opting period and prior to the written acceptance of the transition support measure (TSM) or education allowance option, the employee is ineligible for the TSM, the pay in lieu of unfulfilled surplus period or the education allowance.

6.2 Alternation

6.2.1 All departments or organizations must participate in the alternation process.

6.2.2 An alternation occurs when an opting employee who wishes to remain in the Core Public Administration exchanges positions with a non-affected employee (the alternate) willing to leave the Core Public Administration under the terms of Part VI of this Appendix.

6.2.3 Only an opting employee, not a surplus one, may alternate into an indeterminate position that remains in the Core Public Administration.

6.2.4 An indeterminate employee wishing to leave the Core Public Administration may express an interest in alternating with an opting employee. Management will decide, however, whether a proposed alternation is likely to result in retention of the skills required to meet the ongoing needs of the position and the Core Public Administration.

6.2.5 An alternation must permanently eliminate a function or a position.

6.2.6 The opting employee moving into the unaffected position must meet the requirements of the position, including language requirements. The alternate moving into the opting position must meet the requirements of the position except if the alternate will not be performing the duties of the position and the alternate will be struck off strength within five (5) days of the alternation.

6.2.7 An alternation should normally occur between employees at the same group and level. When the two (2) positions are not in the same group and at the same level, alternation can still occur when the positions can be considered equivalent. They are considered equivalent when the maximum rate of pay for the higher paid position is no more than six-per-cent (6 %) higher than the maximum rate of pay for the lower-paid position.

6.2.8 An alternation must occur on a given date, that is, the two (2) employees must directly exchange positions on the same day. There is no provision in alternation for a "domino" effect or for "future considerations."

6.3 Options

6.3.1 Only opting employees who are not in receipt of the guarantee of a reasonable job offer from the deputy head will have access to the choice of options below:

    1. Twelve (12) month surplus priority period in which to secure a reasonable job offer. It is time-limited. Should a reasonable job offer not be made within a period of twelve (12) months, the employee will be laid-off in accordance with the Public Service Employment Act. Employees who choose or are deemed to have chosen this option are surplus employees.
    2. At the request of the employee, this twelve (12) month surplus priority period shall be extended by the unused portion of the one hundred and twenty (120) day opting period referred to in 6.1.2 which remains once the employee has selected in writing Option (a).
    3. When a surplus employee who has chosen or is deemed to have chosen Option (a) offers to resign before the end of the twelve (12) month surplus priority period, the deputy head may authorize a lump-sum payment equal to the surplus employee's regular pay for the balance of the surplus period, up to a maximum of six (6) months. The amount of the lump-sum payment for the pay in lieu cannot exceed the maximum of what he or she would have received had he or she chosen Option (b), the transition support measure.

    **

    1. Departments or organizations will make every reasonable effort to market a surplus employee within the employee's surplus period within his or her preferred area of mobility.
  2. Transition support measure (TSM) is a cash payment, based on the employee's years of service in the public service (see Annex B), made to an opting employee. Employees choosing this option must resign but will be considered to be laid-off for purposes of severance pay.
    or

**

  1. Education allowance is a transition support measure (see Option (b) above) plus an amount of not more than ten thousand dollars ($10,000) for reimbursement of receipted expenses of an opting employee for tuition from a learning institution and costs of books and mandatory equipment. Employees choosing Option (c) could either:
    1. resign from the Core Public Administration but be considered to be laid-off for severance pay purposes on the date of their departure;
      or
    2. delay their departure date and go on leave without pay for a maximum period of two (2) years while attending the learning institution. The TSM shall be paid in one (1) or two (2) lump-sum amounts over a maximum two (2)-year period. During this period, employees could continue to be public service benefit plan members and contribute both employer and employee shares to the benefits plans and the Public Service Superannuation Plan. At the end of the two (2)-year leave without pay period, unless the employee has found alternative employment in the Core Public Administration, the employee will be laid-off in accordance with the Public Service Employment Act.

6.3.2 Management will establish the departure date of opting employees who choose Option (b) or Option (c) above.

6.3.3 The TSM, pay in lieu of unfulfilled surplus period, and the education allowance cannot be combined with any other payment under the Workforce Adjustment Appendix.

6.3.4 In cases of pay in lieu of unfulfilled surplus period, Option (b) and Option (c)(i), the employee relinquishes any priority rights for reappointment upon the Employer's acceptance of his or her resignation.

6.3.5 Employees choosing Option (c)(ii) who have not provided their department or organization with a proof of registration from a learning institution twelve (12) months after starting their leave without pay period will be deemed to have resigned from the Core Public Administration and be considered to be laid-off for purposes of severance pay.

**

6.3.6 All opting employees will be entitled to up to six hundred dollars ($600) towards counselling services in respect of their potential re-employment or retirement. Such counselling services may include financial and job placement counselling services.

6.3.7 An opting employee who has received a TSM, pay in lieu of unfulfilled surplus period, or an education allowance, and is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of such reappointment or hiring to the end of the original period for which the TSM or education allowance was paid.

6.3.8 Notwithstanding 6.3.7, an opting employee who has received an education allowance will not be required to reimburse tuition expenses and costs of books and mandatory equipment for which he or she cannot get a refund.

6.3.9 The deputy head shall ensure that pay in lieu of unfulfilled surplus period is only authorized where the employee's work can be discontinued on the resignation date and no additional costs will be incurred in having the work done in any other way during that period.

6.3.10 If a surplus employee who has chosen or is deemed to have chosen Option (a) refuses a reasonable job offer at any time during the twelve (12) month surplus priority period, the employee is ineligible for pay in lieu of unfulfilled surplus period.

6.3.11 Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied.

6.4 Retention payment

6.4.1 There are three (3) situations in which an employee may be eligible to receive a retention payment. These are total facility closures, relocation of work units and alternative delivery initiatives.

6.4.2 All employees accepting retention payments must agree to leave the Core Public Administration without priority rights.

6.4.3 An individual who has received a retention payment and, as applicable, either is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act or is hired by the new employer within the six (6) months immediately following his or her resignation shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of such reappointment or hiring to the end of the original period for which the lump sum was paid.

6.4.4 The provisions of 6.4.5 shall apply in total facility closures where public service jobs are to cease and:

  1. such jobs are in remote areas of the country;
    or
  2. retraining and relocation costs are prohibitive;
    or
  3. prospects of reasonable alternative local employment (whether within or outside the Core Public Administration) are poor.

6.4.5 Subject to 6.4.4, the deputy head shall pay to each employee who is asked to remain until closure of the work unit and offers a resignation from the Core Public Administration to take effect on that closure date, a sum equivalent to six (6) months' pay payable on the day on which the departmental or organizational operation ceases, provided the employee has not separated prematurely.

6.4.6 The provisions of 6.4.7 shall apply in relocation of work units where Core Public Administration work units:

  1. are being relocated;
    and
  2. the deputy head of the home department or organization decides that, in comparison to other options, it is preferable that certain employees be encouraged to stay in their jobs until the day of workplace relocation;
    and
  3. the employee has opted not to relocate with the function.

6.4.7 Subject to 6.4.6, the deputy head shall pay to each employee who is asked to remain until the relocation of the work unit and who offers a resignation from the Core Public Administration to take effect on the relocation date, a sum equivalent to six (6) months' pay payable on the day on which the departmental or organizational operation relocates, provided the employee has not separated prematurely.

6.4.8 The provisions of 6.4.9 shall apply in alternative delivery initiatives:

  1. where the Core Public Administration work units are affected by alternative delivery initiatives;
  2. when the deputy head of the home department or organization decides that, compared to other options, it is preferable that certain employees be encouraged to stay in their jobs until the day of the transfer to the new employer;
    and
  3. where the employee has not received a job offer from the new employer or has received an offer and did not accept it.

6.4.9 Subject to 6.4.8, the deputy head shall pay to each employee who is asked to remain until the transfer date and who offers a resignation from the Core Public Administration to take effect on the transfer date, a sum equivalent to six (6) months' pay payable upon the transfer date, provided the employee has not separated prematurely.

Part VII
Special provisions regarding alternative delivery initiatives

**

Preamble

The administration of the provisions of this Part will be guided by the following principles:

  1. fair and reasonable treatment of employees;
  2. value for money and affordability;
    and
  3. maximization of employment opportunities for employees.

7.1 Definitions

For the purposes of this part, an alternative delivery initiative (diversification des modes de prestation des services) is the transfer of any work, undertaking or business of the Core Public Administration to any body or corporation that is a separate agency or that is outside the Core Public Administration.

For the purposes of this part, a reasonable job offer (offre d'emploi raisonnable) is an offer of employment received from a new employer in the case of a Type 1 or Type 2 transitional employment arrangement, as determined in accordance with 7.2.2.

For the purposes of this part, a termination of employment (licenciement de l'employé-e) is the termination of employment referred to in paragraph 12(1)(f.1) of the Financial Administration Act.

7.2 General

Departments or organizations will, as soon as possible after the decision is made to proceed with an alternative delivery initiative (ADI), and if possible, not less than one hundred and eighty (180) days prior to the date of transfer, provide notice to the Alliance component(s) of its intention.

The notice to the Alliance component(s) will include:

  1. the program being considered for ADI;
  2. the reason for the ADI;
    and
  3. the type of approach anticipated for the initiative.

A joint Workforce Adjustment–Alternative Delivery Initiative (WFA–ADI) committee will be created for ADI and will have equal representation from the department or organization and the component(s). By mutual agreement, the committee may include other participants. The joint WFA–ADI committee will define the rules of conduct of the committee.

In cases of ADI, the parties will establish a joint WFA–ADI committee to conduct meaningful consultation on the human resources issues related to the ADI in order to provide information to the employee which will assist him or her in deciding on whether or not to accept the job offer.

  1. Commercialization
    • In cases of commercialization where tendering will be part of the process, the members of the joint WFA–ADI committee shall make every reasonable effort to come to an agreement on the criteria related to human resources issues (e.g. terms and conditions of employment, pension and health care benefits, the take-up number of employees) to be included in the request for proposal process. The committee will respect the contracting rules of the federal government.
  2. Creation of a new Agency
    • In cases of the creation of new agencies, the members of the joint
      WFA–ADI committee shall make every reasonable effort to agree on common recommendations related to human resources issues (e.g. terms and conditions of employment, pension, and health care benefits) that should be available at the date of transfer.
  3. Transfer to existing employers
    • In all other ADI where an employer-employee relationship already exists, the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer.
    • In cases of commercialization and the creation of new agencies, consultation opportunities will be given to the component(s); however, in the event that agreements are not possible, the department may still proceed with the transfer.

7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this Part, and only where specifically indicated will other provisions of this Appendix apply to them.

7.2.2 There are three (3) types of transitional employment arrangements resulting from alternative delivery initiatives:

  1. Type 1—Full Continuity
    • Type-1 arrangements meet all of the following criteria:
      1. legislated successor rights apply; specific conditions for successor rights applications will be determined by the labour legislation governing the new employer;
      **
      1. the Directive on Terms and Conditions of Employment, the terms of the collective agreement referred to therein and/or the applicable compensation plan will continue to apply to unrepresented and excluded employees until modified by the new employer or by the PSLRB pursuant to a successor rights application;
      **
      1. recognition of continuous employment, as defined in the Directive on Terms and Conditions of Employment, for purposes of determining the employee's entitlements under the collective agreement continued due to the application of successor rights;
      2. pension arrangements according to the Statement of Pension Principles set out in Annex A or, in cases where the test of reasonableness set out in that Statement is not met, payment of a lump sum to employees pursuant to 7.7.3;
      3. transitional employment guarantee: a two (2)-year minimum employment guarantee with the new employer;
      4. coverage in each of the following core benefits: health benefits, long-term disability insurance (LTDI) and dental plan;
      5. short-term disability bridging: recognition of the employee's earned but unused sick leave credits up to the maximum of the new employer's LTDI waiting period.
  2. Type 2—Substantial Continuity
    • Type-2 arrangements meet all of the following criteria:
      1. the average new hourly salary offered by the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five per cent (85 %) or greater of the group's current federal hourly remuneration (= pay + equal pay adjustments + supervisory differential) when the hours of work are the same;
      2. the average annual salary of the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five per cent (85 %) or greater of federal annual remuneration (= per cent or greater of federal annual remuneration (= pay + equal pay adjustments + supervisory differential) when the hours of work are different;
      3. pension arrangements according to the Statement of Pension Principles as set out in Annex A or, in cases where the test of reasonableness set out in that Statement is not met, payment of a lump sum to employees pursuant to 7.7.3;
      4. transitional employment guarantee: employment tenure equivalent to that of the permanent workforce in receiving organizations or a two (2)-year minimum employment guarantee;
      5. coverage in each area of the following core benefits: health benefits, long-term disability insurance (LTDI) and dental plan;
      6. short-term disability arrangement.
  3. Type 3—Lesser Continuity
    • A Type-3 arrangement is any alternative delivery initiative that does not meet the criteria applying in Type-1 and Type-2 transitional employment arrangements.

7.2.3 For Type-1 and Type-2 transitional employment arrangements, the offer of employment from the new employer will be deemed to constitute a reasonable job offer for purposes of this Part.

7.2.4 For Type-3 transitional employment arrangements, an offer of employment from the new employer will not be deemed to constitute a reasonable job offer for purposes of this Part.

7.3 Responsibilities

7.3.1 Deputy heads will be responsible for deciding, after considering the criteria set out above, which of the types applies in the case of particular alternative delivery initiatives.

7.3.2 Employees directly affected by alternative delivery initiatives are responsible for seriously considering job offers made by new employers and advising the home department or organization of their decision within the allowed period.

7.4 Notice of alternative delivery initiatives

7.4.1 Where alternative delivery initiatives are being undertaken, departments or organizations shall provide written notice to all employees offered employment by the new employer, giving them the opportunity to choose whether or not they wish to accept the offer.

7.4.2 Following written notification, employees must indicate within a period of sixty (60) days their intention to accept the employment offer, except in the case of Type-3 arrangements, where home departments or organizations may specify a period shorter than sixty (60) days, but not less than thirty (30) days.

7.5 Job offer from new employer

**

7.5.1 Employees subject to this Appendix (see Application) and who do not accept the reasonable job offer from the new employer in the case of Type-1 or Type-2 transitional employment arrangements will be given four (4) months' notice of termination of employment and their employment will be terminated at the end of that period or on a mutually agreed-upon date before the end of the four (4) month notice period, except where the employee was unaware of the offer or incapable of indicating an acceptance of the offer.

7.5.2 The deputy head may extend the notice-of-termination period for operational reasons, but no such extended period may end later than the date of the transfer to the new employer.

**

7.5.3 Employees who do not accept a job offer from the new employer in the case of Type-3 transitional employment arrangements may be declared opting or surplus by the deputy head in accordance with the provisions of the other parts of this Appendix.

7.5.4 Employees who accept a job offer from the new employer in the case of any alternative delivery initiative will have their employment terminated on the date on which the transfer becomes effective, or on another date that may be designated by the home department or organization for operational reasons, provided that this does not create a break in continuous service between the Core Public administration and the new employer.

7.6 Application of other provisions of the Appendix

7.6.1 For greater certainty, the provisions of Part II, Official Notification, and section 6.4, Retention Payment, will apply in the case of an employee who refuses an offer of employment in the case of a Type-1 or Type-2 transitional employment arrangement. A payment under section 6.4 may not be combined with a payment under the other section.

7.7 Lump-sum payments and salary top-up allowances

7.7.1 Employees who are subject to this Appendix (see Application) and who accept the offer of employment from the new employer in the case of Type-2 transitional employment arrangements will receive a sum equivalent to three months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The home department or organization will also pay these employees an eighteen (18) month salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public administration position and the salary applicable to their position with the new employer. This allowance will be paid as a lump sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.2 In the case of individuals who accept an offer of employment from the new employer in the case of a Type-2 arrangement and whose new hourly or annual salary falls below eighty per cent (80 %) of their former federal hourly or annual remuneration, departments or organizations will pay an additional six (6) months of salary top-up allowance for a total of twenty-four (24) months under this section and 7.7.1. The salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public administration position and the salary applicable to their position with the new employer will be paid as a lump sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.3 Employees who accept the reasonable job offer from the successor employer in the case of Type-1 or Type-2 transitional employment arrangements where the test of reasonableness referred to in the Statement of Pension Principles set out in Annex A is not met, that is, where the actuarial value (cost) of the new employer's pension arrangements is less than six decimal five per cent (6.5 %) of pensionable payroll (excluding the employer's costs related to the administration of the plan), will receive a sum equivalent to three (3) months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.4 Employees who accept an offer of employment from the new employer in the case of Type-3 transitional employment arrangements will receive a sum equivalent to six (6) months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The home department or organization will also pay these employees a twelve (12) month salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public Administration position and the salary applicable to their position with the new employer. The allowance will be paid as a lump-sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The total of the lump-sum payment and the salary top-up allowance provided under this section will not exceed an amount equivalent to one (1) year's pay.

7.7.5 For the purposes of 7.7.1, 7.7.2 and 7.7.4, the term "remuneration" includes and is limited to salary plus equal pay adjustments, if any, and supervisory differential, if any.

7.8 Reimbursement

7.8.1 An individual who receives a lump-sum payment and salary top-up allowance pursuant to 7.7.1, 7.7.2, 7.7.3 or 7.7.4 and who is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act at any point during the period covered by the total of the lump-sum payment and salary top-up allowance, if any, shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of reappointment to the end of the original period covered by the total of the lump-sum payment and salary top-up allowance, if any.

7.8.2 An individual who receives a lump-sum payment pursuant to 7.6.1 and, as applicable, is either reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act or hired by the new employer at any point covered by the lump-sum payment, shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of the reappointment or hiring to the end of the original period covered by the lump-sum payment.

7.9 Vacation leave credits and severance pay

7.9.1 Notwithstanding the provisions of this Agreement concerning vacation leave, an employee who accepts a job offer pursuant to this Part may choose not to be paid for earned but unused vacation leave credits, provided that the new employer will accept these credits.

7.9.2 Notwithstanding the provisions of this Agreement concerning severance pay, an employee who accepts a reasonable job offer pursuant to this Part will not be paid severance pay where successor rights apply and/or, in the case of a Type-2 transitional employment arrangement, when the new employer recognizes the employee's years of continuous employment in the public service for severance pay purposes and provides severance pay entitlements similar to the employee's severance pay entitlements at the time of the transfer.

7.9.3 Where:

  1. the conditions set out in 7.9.2 are not met,
  2. the severance provisions of this Agreement are extracted from this Agreement prior to the date of transfer to another non-federal public sector employer,
  3. the employment of an employee is terminated pursuant to the terms of 7.5.1,
    or
  4. the employment of an employee who accepts a job offer from the new employer in a Type-3 transitional employment arrangement is terminated on the transfer of the function to the new employer,

the employee shall be deemed, for purposes of severance pay, to be involuntarily laid-off on the day on which employment in the Core Public Administration terminates.

Annex A: Statement of pension principles

  1. The new employer will have in place, or Her Majesty in right of Canada will require the new employer to put in place, reasonable pension arrangements for transferring employees. The test of "reasonableness" will be that the actuarial value (cost) of the new employer pension arrangements will be at least six decimal five per cent (6.5 %) of pensionable payroll, which in the case of defined-benefit pension plans will be as determined by the Assessment Methodology dated October 7, 1997, developed by Towers Perrin for the Treasury Board. This assessment methodology will apply for the duration of this Agreement. Where there is no reasonable pension arrangement in place on the transfer date or no written undertaking by the new employer to put such reasonable pension arrangement in place effective on the transfer date, subject to the approval of Parliament and a written undertaking by the new employer to pay the employer costs, Public Service Superannuation Act (PSSA) coverage could be provided during a transitional period of up to a year.
  2. Benefits in respect of service accrued to the point of transfer are to be fully protected.
  3. Her Majesty in right of Canada will seek portability arrangements between the Public Service Superannuation Plan and the pension plan of the new employer where a portability arrangement does not yet exist. Furthermore, Her Majesty in right of Canada will seek authority to permit employees the option of counting their service with the new employer for vesting and benefit thresholds under the PSSA.

Annex B

Years of Service in the public service Transition Support Measure (TSM)
(Payment in weeks' pay)
0 10
1 22
2 24
3 26
4 28
5 30
6 32
7 34
8 36
9 38
10 40
11 42
12 44
13 46
14 48
15 50
16 52
17 52
18 52
19 52
20 52
21 52
22 52
23 52
24 52
25 52
26 52
27 52
28 52
29 52
30 49
31 46
32 43
33 40
34 37
35 34
36 31
37 28
38 25
39 22
40 19
41 16
42 13
43 10
44 7
45 4

For indeterminate seasonal and part-time employees, the TSM will be pro-rated in the same manner as severance pay under the terms of this Agreement.

Severance pay provisions of this Agreement are in addition to the TSM.

**Annex C
Role of PSC in administering surplus and layoff priority entitlements

  1. The PSC will refer surplus employees and laid-off persons to positions, in all departments, organizations and agencies governed by the PSEA, for which they are potentially qualified for the essential qualifications, unless the individuals have advised the PSC and their home departments or organizations in writing that they are not available for appointment. The PSC will further ensure that entitlements are respected and that priority persons are fairly and properly assessed.
  2. The PSC, acting in accordance with the Privacy Act, will provide the Treasury Board Secretariat with information related to the administration of priority entitlements which may reflect on departments' or organizations' and agencies' level of compliance with this Directive.
  3. The PSC will provide surplus and laid-off individuals with information on their priority entitlements.
  4. The PSC will, in accordance with the Privacy Act, provide information to bargaining agents on the numbers and status of their members who are in the Priority Administration System and, on a service-wide basis.
  5. The PSC will ensure that a reinstatement priority is given to all employees who are appointed to a position at a lower level.
  6. The PSC will, in accordance with the Privacy Act, provide information to the Employer, departments or organizations and/or bargaining agents on referrals of surplus employees and laid-off persons in order to ensure that the priority entitlements are respected.

Public Service Commission "Guide to the Priority Information Management System":
http://www.psc-cfp.gc.ca/prad-adpr/index-eng.htm.



**Appendix U

Memorandum of Understanding
Salary Protection - Red Circling

General

  1. This Memorandum of Understanding cancels and replaces the Memorandum of Understanding entered into between the Treasury Board and the Public Service of Alliance of Canada on June 9, 1978.
  2. This Memorandum of Understanding shall remain in effect until amended or cancelled by mutual consent of the parties.
  3. This Memorandum of Understanding supersedes the Regulations respecting Pay on Reclassification or Conversion where the Regulations are inconsistent with the Memorandum of Understanding.
  4. Where the provisions of any collective agreement differ from those set out in the Memorandum of Understanding, the conditions set out in the Memorandum of Understanding shall prevail.
  5. This Memorandum of Understanding will form part of all collective agreements to which the Public Service Alliance of Canada and Treasury Board are parties, with effect from December 13, 1981.

Part I

Part I of this Memorandum of Understanding shall apply to the incumbents of positions which will be reclassified to a group and/or level having a lower attainable maximum rate of pay after the date this Memorandum of Understanding becomes effective.

Note: The term "attainable maximum rate of pay" means the rate attainable for fully satisfactory performance in the case of levels covered by a performance pay plan or the maximum salary rate in the case of all other groups and levels.

  1. Prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing.
  2. Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection Status and subject to section 3(b) below shall apply until the position is vacated or the attainable maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level. Determination of the attainable maxima rates of pay shall be in accordance with the Retroactive Remuneration Regulations.
    1. The Employer will make a reasonable effort to transfer the incumbent to a position having a level equivalent to that of the former group and/or level of the position.
    2. In the event that an incumbent declines an offer of transfer to a position as in (a) above in the same geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for the reclassified position.
  4. Employees subject to section 3, will be considered to have transferred (as defined in the Directive on Terms and Conditions of Employment) for the purpose of determining increment dates and rates of pay.

Part II

Part II of the Memorandum of Understanding shall apply to incumbents of positions who are in holding rates of pay on the date this Memorandum of Understanding becomes effective.

  1. An employee whose position has been downgraded prior to the implementation of this memorandum and is being paid at a holding rate of pay on the effective date of an economic increase and continues to be paid at that rate on the date immediately prior to the effective date of a further economic increase, shall receive a lump sum payment equal to 100 % of the economic increase for the employee's former group and level (or where a performance pay plan applied to the incumbent, the adjustment to the attainable maximum rate of pay) calculated on his annual rate of pay.
  2. An employee who is paid at a holding rate on the effective date of an economic increase, but who is removed from that holding rate prior to the effective date of a further economic increase by an amount less than he would have received by the application of paragraph 1 of Part II, shall receive a lump sum payment equal to the difference between the amount calculated by the application of paragraph 1 of Part II and any increase in pay resulting from his removal from the holding rate.

Signed at Ottawa, this 9th day of the month of February 1982.