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**Article 30
Grievance Procedure

30.01 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.

30.02 Individual Grievances

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.

30.03 Group Grievances

Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Association 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 Association must first obtain the written consent of each of the employees concerned.
2. A group grievance must relate to employees in a single portion of the Federal Public Administration.

30.04 Policy Grievances

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

A policy grievance may be presented by the Association only at the final step of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Association of the name, title and address of this representative.

The grievance procedure for a policy grievance by the Employer shall also be composed of a single step, with the grievance presented to an authorized representative of the Association. The Association shall inform the Employer of the name, title and address of this representative.

30.05

1. For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, a steward, Association staff person or other authorized representative appointed by the Association.
2. 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.
3. The parties recognize the value of informal discussion between employees and their supervisors and between the Association 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 Association, within the time limits prescribed in clause 30.18, 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.

30.06 A grievor wishing to present a grievance at any prescribed step 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 step,
   and
2. provide the grievor with a receipt stating the date on which the grievance was received.

30.07 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.

30.08 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 30.06, 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 Association.

30.09 A grievance may not be presented in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.

30.10 Despite Article 30.09, a grievance may not be presented in respect of the right to equal pay for work of equal value.

30.11 An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.

30.12 Where an employee, in respect of any matter, has availed himself or herself of a complaint procedure established by a policy of the Employer, neither a group nor an individual grievance may be presented on behalf of that employee in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Article.

30.13 A grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada may not be presented.

30.14 For the purposes of 35.13, an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

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

1. Step 1 - first level of management;
2. Steps 2 and 3 in departments or agencies where such steps are established - intermediate step(s);
3. Final Step - Chief Executive or Deputy Head or an authorized representative.

30.16 The Employer shall designate a representative at each step 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.

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 Association.

30.17 An employee who so desires, may be assisted and/or represented by the Association when presenting a grievance at any step. The Association shall have the right to consult with the Employer with respect to a grievance at each or any step of the grievance procedure.

30.18 A grievor may present a grievance to the first step of the procedure in the manner prescribed in clause 30.06, 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 30.04 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.

30.19 A grievor may present a grievance at each succeeding step in the grievance procedure beyond the first step 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 30.20, within fifteen (15) days after presentation by the grievor of the grievance at the previous step.

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

30.21 Where an employee has been represented by the Association in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Association with a copy of the Employer's decision at each step of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

30.22 Where a grievance has been presented up to and including the final step in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final step in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.

30.23 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.

30.24 Where the provisions of clause 30.06 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 step 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 step shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

30.25 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Association representative, except as provided in clause 30.27.

30.26 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer and the grievor, and, where applicable, the Association.

30.27 Where the Employer demotes or terminates an employee 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:

1. the grievance may be presented at the final step only,
   and
2. the twenty (20) day time limit within which the Employer is to reply at the final step may be extended to a maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Association.

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

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

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

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

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

30.31 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 Association signifies in prescribed manner:

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

30.32 Expedited Adjudication

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

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

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

Article 31
Consultation

31.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to consult on matters of common interest upon request from either party, for example contemplated changes in conditions of employment or working conditions not governed by this Agreement, without prejudice to the position the Employer or the Association may wish to take in the future as to the desirability of having those subjects dealt with through provisions in collective agreements. The parties may also consult on other issues, by mutual consent.

31.02 The parties recognize moreover that consultation affords them an opportunity to better understand their respective interests, as well as the decisions and positions each will come to following their discussions.

31.03 To be efficient, consultation must take place as soon as possible before the final decision is made; as much as possible, it must begin as soon as an issue is raised or a problem arises and before parties start formulating their conclusions. It must continue at each stage of the process.

31.04 Parties in a consultation process listen with an open mind and discuss substantively the issues raised during consultation. When a party comes to a decision on an issue that was subject to consultation, it informs the other party of its decision and of the underlying reasons before making it public.

Article 32
Training and Development

32.01 The parties acknowledge the contribution of training to the development of individual and organizational capacity.

32.02 The Employer shall consult the Association's head office at the beginning of the fiscal year on implementation of the training policy during that year.

32.03 The Employer shall consult each employee once a year regarding his training needs.

**Article 33
Technological Change

33.01 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.

33.02 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.

33.03 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than ninety (90) days written notice to the Association 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.

33.04 The written notice provided for in clause 33.03 will provide the following information:

1. the nature and degree of change;
2. the anticipated date or dates on which the Employer plans to effect change;
3. the location or locations involved.

33.05 As soon as reasonably practicable after notice is given under clause 33.03, the Employer shall consult with the Association concerning the effects of the technological change referred to in clause 33.03 on each group of employees. Such consultation will include but not necessarily be limited to the following:

1. The approximate number, class and location of employees likely to be affected by the change.
2. The effect the change may be expected to have on working conditions or terms and conditions of employment on employees.

33.06 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 and at no cost to the employee.

Article 34
Part-Time Employees

34.01 General

1. Part-time employees shall be entitled to the benefits provided under this agreement in the same proportion as their normal scheduled weekly hours of work compare with the normal weekly hours of work of full-time employees, unless otherwise specified.
2. Notwithstanding paragraph 34.01(a), there shall be no prorating of a "day" in clause 21.02, Bereavement Leave.
3. Part-time employees shall be paid at the straight-time hourly rate of pay for all work performed up to seven and one-half (7 1/2) hours in a day or thirty-seven and one-half (37 1/2) hours in a week.
4. Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for the part-time employee to work on a day which is not part of his normal scheduled weekly hours of work.
5. The days of rest provisions of this collective agreement apply only in a week when a part-time employee has worked five (5) days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the straight-time hourly rate of pay.
6. Leave will only be provided:
   1. during those periods in which employees are scheduled to perform their duties;
      or
   2. where it may displace other leave as prescribed by this Agreement.

34.02 Designated Holidays

1. A part-time employee shall not be paid for the designated holidays but shall, instead, receive a four point two five per cent (4.25%) allowance for all straight-time hours worked during the period of part-time employment.
2. When a part-time employee is required to work on a designated holiday he shall be paid according to the provisions of clause 13.05 for all the hours worked on the holiday.

34.03 Overtime

1. "Overtime" means authorized work performed in excess of seven and one-half (7 1/2) hours a day or thirty-seven and one-half (37 1/2) hours a week but does not include time worked on a holiday.
2. A part-time employee who is required to work overtime shall be compensated according to the provisions of this article and of clauses 13.03 and 13.04. The provisions of clause 13.10 shall apply.

34.04 Annual Leave

A part-time employee shall earn annual leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal work week, at the rate for years of employment established in paragraph 18.01(a), prorated 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 work week per month;
2. when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of the hours in the employee's work week 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 work week per month;
4. when the entitlement is fourteen decimal three seven five (14.375) hours a month, .383 multiplied by the number of hours in the employee's work week per month;
5. when the entitlement is fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of hours in employee's work week 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.

34.05 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 work week for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee's normal work week.

34.06 Annual and Sick Leave Administration

1. For the purposes of administration of clauses 34.04 and 34.05, where an employee does not work the same number of hours each week, the normal work week shall be the weekly average calculated on a monthly basis.
2. An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn annual or sick leave credits in excess of the entitlement of a full-time employee.

34.07 Severance Pay

To establish the period of continuous employment eligible for severance pay part-time periods shall be consolidated to equivalent full-time. The equivalent full-time period in years, including a fraction, shall be used the calculation of severance pay.

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