ARCHIVED - Translation (TR) 313

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Article 35
Illegal Strikes

An employee who takes part in an illegal strike as defined in the Public Service Labour Relations Act is liable to the penalties provided for in the said Act and to disciplinary action up to and including termination of employment pursuant to the provisions of Section 12(1)(c) of the Financial Administration Act.

Article 36
National Joint Council (NJC) Agreements

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 after 6 December 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.

NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such and are listed in the Appendix "E" of the NJC Memorandum of Understanding which took effect as of 5 May 1994.

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The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada Secretariat, form part of the collective agreement.

1. Bilingualism Bonus Directive
2. Commuting Assistance Directive
3. First Aid to the General Public - Allowance for Employees
4. Foreign Service Directives
5. Isolated Posts and Government Housing Directive
6. NJC Integrated Relocation Directive
7. Public Service Health Care Plan Directive
8. Travel Directive
9. Uniforms Directive
10. Workforce Adjustment Directive

Occupational Health and Safety

11. Motor Vehicle Operations Directive
12. Occupational Health and Safety Directive
13. Pesticides Directive

During the term of this Collective Agreement, other directives, policies or regulations may be added to the above noted list.

Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 30.01 of this Collective Agreement.

Article 37
Employees on the Premises of Other Employers

37.01 If employees are prevented for performing their duties because of a strike or a lock-out on the premises of another employer, the employees shall report the matter to the Employer and the Employer will make every 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 38
Professionnal Fees

38.01 Upon receipt of proof of payment, the Employer shall reimburse the employee up to six hundred dollars ($600) for the annual dues payable to one (1) of the professional association members of the Canadian Translators, Terminologists and Interpreters Council when the payment of such dues is required for the performance of the duties of that employee's position.

38.02 If payment of said dues is not required for the performance of the duties of that employee's position, but eligibility for the professional status conferred by one (1) of these associations constitutes a qualification under the selection and evaluation standards for the Translation Group, the Employer shall reimburse the employee for the annual dues paid, up to the amount set in 38.01.

Article 39
Sexual Harassment

39.01 The Association 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 work place.

39.02

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.

39.03 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.

39.04 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 the Access to Information and Privacy Act.

Article 40
Statement of Duties

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

Article 41
Term of Agreement

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41.01 The duration of this Collective Agreement shall be from the date it is signed to 18 April 2011.

41.02 Unless otherwise expressly stipulated, this Collective Agreement shall become effective on the date it is signed.

41.03 The present Agreement may be amended by mutual agreement.

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41.04 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.

Signed at Ottawa, this 11^th day of the month of March 2009.

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