ARCHIVED - Translation (TR) 313

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Article 1
Purpose of Agreement

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

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

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement:

"Association" (association)

means the Canadian Association of Professional Employees,

"bargaining unit" (unité de négociation)

means all employees of the Employer in the Translation Group as described in the certificate issued by the Public Service Labour Relations Board on 17 December 2003,

"common-law partner" (conjoint de fait)

in relation to an individual,a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one (1) year,

"continuous employment" (emploi continu)

has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations,

"daily rate of pay" (rémunération quotidienne)

means an employee's weekly rate of pay divided by five (5),

"day of rest" (jour de repos)

in relation to an employee means a day (other than a holiday or a day of leave) on which that employee is not ordinarily required to work,

"double time" (tarif double)

means twice the straight-time hourly rate,

"employee" (fonctionnaire)

means a person who is a member of the bargaining unit,

"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,

"headquarters area" (zone d'affectation)

has the same meaning as given to the expression in the Travel Policy

"holiday" (jour férié)

means:

1. in the case of a shift that does not commence and end on the same day, the twenty-four (24)-hour period commencing from the time at which the shift commenced on a day designated as a paid holiday in this Agreement,
2. in any other case, the twenty-four (24)-hour period commencing at 12:01 a.m. of a day designated as a paid holiday in this Agreement,

"lay-off" (mise en disponibilité)

means the termination of employment of an employee due to lack of work or the discontinuance of a function,

"leave" (congé)

means authorized absence from duty,

"membership dues" (cotisations syndicales)

means the dues established pursuant to the constitution of the Association as the dues payable by its members as a consequence of their membership in the Association, and shall not include any initiation fee, insurance premium, or special levy,

"overtime" (heures supplémentaires)

means any period of work performed by an employee in excess of his normal hours of work,

"part-time employee" (fonctionnaire à temps partiel)

means an employee whose normal scheduled hours of work are less than thirty-seven and one-half hours (37 1/2) per week,

"straight-time hourly rate" (tarif simple)

means the hourly rate of pay obtained by dividing an employee's weekly rate of pay by thirty-seven and one-half (37 1/2),

"time and one-half" (tarif et demi)

means one and one-half (1 1/2) times the straight-time hourly rate,

"weekly rate of pay" (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.

2.03 Unless otherwise indicated by the context, what is formulated in the masculine gender includes the feminine gender and vice versa.

Article 3
Application

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

3.02 Both the English and French texts of this Agreement are equally authoritative.

3.03 In this Agreement, only those provisions preceded by two (2) asterisks (**) constitute new law.

Article 4
Management Rights

4.01 The Employer retains all the functions, rights, powers and authority which are not explicitly abridged, delegated or modified by this Agreement, including his right to assign human resources to meet operational requirements.

Article 5
Rights of Employees

5.01 Nothing in this Agreement shall be construed as limiting or eliminating any rights or obligations whatever, recognized or conferred upon any employee, under any Federal or Provincial statutes, present or future.

5.02 Recognition

The Employer recognizes the Association as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Labour Relations Board on the 17^th day of December 2003, covering employees of the Translation Group.

5.03 No Discrimination

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 origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, marital status, a conviction for which a pardon has been granted, or membership or activity in the Association.

Article 6
Appointment of Stewards

6.01 The Employer acknowledges the right of the Association to appoint employees as Stewards.

6.02 The Employer and the Association shall determine the geographical area of jurisdiction of each Steward, having regard to the plan of organization, the distribution of employees at the work place, the administrative structure and/or any other relevant factor.

6.03 The Association shall notify the Employer promptly and in writing of the names of its Stewards and other Association representatives.

Article 7
Time Off for Stewards

7.01 A Steward shall obtain the permission of the Employer before leaving his work to:

1. investigate with fellow employees complaints of an urgent nature;
2. meet with local management for the purpose of dealing with such complaints or problems;
   and
3. attend meetings called by management.

Such permission shall not be unreasonably withheld. After the Steward resumes his duties, he shall so notify the Employer as soon as practicable.

Article 8
Use of Employer Facilities

8.01 A duly-accredited representative of the Association may be permitted access to the Employer's premises on stated Association business and to attend meetings called by management.

8.02 Reasonable space on bulletin boards will be made available to the Association for the posting of official notices in convenient locations determined by the Employer. Notices or other material shall require the prior approval of the Employer. The Employer shall have the right to refuse the posting of any information which he considers adverse to his interests or to the interests of any of his representatives.

8.03 The Employer shall continue its present practice of making available to the Association specific locations on its premises for the placement of reasonable quantities of literature of the Association.

Article 9
Information

9.01 The Employer shall provide the Association, on a quarterly basis, with a list of all employees who have entered the bargaining unit and a list of all employees who have left the bargaining unit. The lists referred to herein shall include the name, employing department, geographical location and classification of the employee.

9.02 The Employer shall endeavour to provide accurate lists but shall not be held responsible by the Association for any errors in these lists.

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

9.04 Every three (3) months, the Employer shall provide the Association with an up-to-date list of employees indicating the Units to which they are assigned.

Article 10
Leave for Association Business

10.01 Public Service Labour Relations Board Hearings

1. Complaints made to the Public Service Labour Relations Board pursuant to Section 190(1) of the Public Service Labour Relations Act
   • Where 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 own behalf before the Public Service Labour Relations Board,
        and
     2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association making a complaint.
2. Applications for Certification, Representations and Interventions with respect to Application for Certification
   • Where operational requirements permit, the Employer will grant leave without pay:
     1. to an employee who represents the Association in an application for certification or in an intervention,
        and
     2. to an employee who makes personal representations with respect to a certification.
3. Employee called as a Witness
   • The Employer will grant leave with pay:
     1. to an employee called as a witness by the Public Service Labour Relations Board,
        and
     2. where operational requirements permit, to an employee called as a witness by an employee or the Association.

10.02 Arbitration and Public Interest Commission Hearings and Alternate Dispute Resolution Process

1. Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Association before a Public Interest Commission or before the Public Service Labour Relations Board with regard to an arbitration proceeding, or in an Alternate Dispute Resolution Process.
2. Employee called as a Witness
   • The Employer will grant leave with pay to an employee called as a witness by a Public Interest Commission or by the Public Service Labour Relations Board with regard to an arbitration proceeding and, where operational requirements permit, leave with pay to an employee called as a witness by the Association.

10.03 Adjudication

1. Employee who is a Party
   • Where operational requirements permit, the Employer will grant leave with pay to an employee who is a party.
2. Employee who Acts as Representative
   • Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee who is a party.
3. Employee called as a Witness
   • Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who is a party.

10.04 Meetings During the Grievance Process

1. Employee Presenting Grievance
   • If operational requirements permit, the Employer shall grant leave with pay to any employee whom it calls to a meeting or agrees to meet with.
2. Employee who Acts as Representative
   • Where an employee wishes to represent at a meeting with the Employer, an employee who has presented a grievance, the Employer will, where operational requirements permit, grant leave with pay to the representative when the meeting is held in the headquarters area of the representative and leave without pay when the meeting is held outside that area.
3. Grievance Investigation
   • Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a grievance and an employee acting on behalf of the Association wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of the aggrieved employee and leave without pay when it takes place outside that area.

10.05 Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Association.

10.06 Preparatory Contract Negotiations Meetings

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

10.07 Meetings Between the Association and Management

Where 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 Association.

10.08 Association Meetings

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend meetings of the Association and organizations to which the Association is affiliated.

10.09 Stewards' Training Courses

Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a Steward on behalf of the Association to undertake training on the duties of a Steward.

10.10 Full-Time Association Position

Where operational requirements permit, the Employer will grant leave without pay to an employee elected to a full-time Association position for the duration of his term of office. Time spent on such leave shall be counted for pay increment and for service for the purpose of calculating vacation leave.

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