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Agreement between the Treasury Board and The Canadian Association of Professional Employees
Group: Translation
(all employees)
Code: 313
Expiry Date: 18 April 2011
Table of Contents
**Asterisks denote substantive changes from the previous Collective 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.
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:
- 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,
- 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,
- 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
- 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.
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.
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.
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 17th 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.
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.
7.01 A Steward shall obtain the permission
of the Employer before leaving his work to:
- investigate
with fellow employees complaints of an urgent nature;
- meet
with local management for the purpose of dealing with such complaints or
problems;
and
- 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.
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.
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.
10.01 Public Service Labour Relations Board Hearings
- 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:
- to an employee who makes a complaint on his
own behalf before the Public Service Labour Relations Board,
and
- to an employee who acts on behalf of an
employee making a complaint, or who acts on behalf of the Association making a
complaint.
- Applications for Certification,
Representations and Interventions with respect to Application for Certification
- Where
operational requirements permit, the Employer will grant leave without pay:
- to an employee who represents the
Association in an application for certification or in an intervention,
and
- to an employee who makes personal
representations with respect to a certification.
- Employee called as a Witness
- The
Employer will grant leave with pay:
- to an employee called as a witness by the
Public Service Labour Relations Board,
and
- 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
- 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.
- 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
- Employee who is a
Party
- Where
operational requirements permit, the Employer will grant leave with pay to an
employee who is a party.
- 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.
- 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
- 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.
- 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.
- 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.
11.01
- Subject
to the provisions of this Article, the Employer shall, as a condition of
employment, deduct an amount equal to the monthly membership dues from the pay
of all employees in the bargaining unit.
- Where
no dues deductions are made from an employee in respect of any given month as a
result of the employee not earning any pay in that month or not earning
sufficient pay to permit dues deductions to be made, the Employer shall not be
required to make deductions from that employee's subsequent salary in respect
of the month referred to above.
11.02 For the purpose of applying clause 11.01,
deductions from pay for each employee in respect of each month will start with
the first (1st) full calendar month of employment, to the extent
that earnings are available.
11.03 The Association shall inform the
Employer in writing of the authorized monthly deduction to be checked off for
each employee defined in clause 11.01. The Association shall give at least
three (3) months advance notice to the Employer of any amendments to the amount
of the authorized monthly deductions.
**
11.04 An employee, who satisfies the
Association as to the bona fides of
his claim and declares in an affidavit that he is a member of a religious
organization whose doctrine prevents him as a matter of conscience from making
financial contributions to an employee organization, and that he will make
contributions equal to dues to a charitable organization registered pursuant to
the Income Tax Act, 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 Association will inform the Employer accordingly.
11.05 From the date of signing and for the
duration of this Agreement, no employee organization, as defined in Section 2
of the Public Service Labour Relations
Act, other than the Association, shall be permitted to have membership dues
as mentioned in clause 11.01, 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 Association 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 his behalf.
11.07 The Employer agrees to continue the
past practice of making deductions for other purposes on the basis of
production of appropriate documentation.
11.08 The Association 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 in connection with the deduction of the
amount equal to the monthly membership dues.
12.01 Normal Work Week
- The
normal work week shall be thirty-seven and one-half (37 1/2) hours Monday
through Friday (the normal work day being seven and one-half (7 1/2) hours
worked between 8:00 a.m. and 6:00 p.m.) except for employees covered by Article
19, Parliamentary Leave and Interpretation Leave, or employees engaged in shift
work.
- To
meet ongoing operational requirements, the Employer may, notwithstanding
paragraph 12.01(a), ask employees to complete their normal work day between
7:00 a.m. and 9:00 p.m. The Employer shall consult the Association's head
office when it decides to use the present exceptional provision or to change a
work schedule implemented according to this paragraph.
- Before designating employees to work before 8:00 a.m. or
after 6:00 p.m., the Employer shall call for qualified volunteers. In
administrative units where no qualified volunteers are available, the Employer
shall designate employees to work.
- The
Employer shall give an employee thirty (30) calendar days' notice of initiation
or termination of the work arrangements described in paragraph 12.01(b).
- When,
due to exceptional circumstances, the Employer changes the employee's schedule
pursuant to paragraph 12.01(b) less than thirty (30) calendar days before the
coming into force of the new scheduled hours, the employee shall be paid double
(2) time for the first (1st) working day of the new scheduled hours.
The provisions of Note 5(m) to Appendix "A" shall apply to the rest
of the period.
- An
employee shall not work a schedule of hours pursuant to the terms of paragraph 12.01(b)
for more than four (4) months, unless the employee agrees to extend the period
and if no qualified person is available to replace him.
- Except
in cases of emergency, where scheduled hours are to be changed so that they are
different from those specified in paragraph 12.01(a) or from a work schedule
implemented in accordance with 12.01(b), the Employer shall consult with the
Association' head office on such hours of work and shall show that such hours
are required to meet its operational requirements.
- Upon application by the
employee, the Employer may authorize the employee to work his normal work day
so it is different from that specified in paragraph 12.01(a). In such a case,
the Employer shall consult the Association's head office beforehand.
- The
employee shall not normally be required to submit an attendance report more
than once a month.
12.02 Compressed Work Week
- Where operational requirements permit and with the approval
of the Employer, employees covered by paragraph 12.01(a) may complete their
hours of work between 7:00 a.m. and 8:00 p.m., and other than on a five-day (5)
basis.
- 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 establish the hours of work.
12.03 Shift Work Employees
-
- In the case of employees engaged in shift
work, the standard hours of work shall be, on average, thirty-seven and one-half
(37 1/2) hours each week, for the shift period.
- Where operational requirements permit,
meal periods shall be granted to employees by the Employer.
- Where operational requirements permit,
the days of rest of an employee shall be consecutive and shall in no case be
less than two (2).
- In this clause, "shift work schedule"
means the allocation of shifts over a period not to exceed two (2) consecutive
months.
- The
Employer shall endeavour by all means in its power to allocate shifts in such a
way that:
- employees shall rotate through the various
shifts in such a manner that the requirements for working night shifts, evening
shifts and weekends will be shared, to the extent that operational requirements
will permit, by all employees covered by the shift schedule;
- employees are not required to work less
than seven (7) hours or more than nine (9) hours for any one (1) shift;
- no shift shall be scheduled starting
within the sixteen (16)-hour period following the end of the employee's last
shift.
- Provided it will not result in
additional costs to the Employer, employees in the same service may exchange
shifts with the permission of the shift supervisor. Such permission shall not
be unreasonably withheld. Once the exchange is approved, the work schedule
shall then become the official shift work schedule for the service.
-
- The Employer agrees that, before any change
is made to a shift work schedule, the employees affected by such change shall,
wherever possible, receive notice of such change at least seven (7) days in
advance.
- When an employee is required to move from
one (1) shift to another without receiving at least twenty-four (24) hours
notice of such change, he shall be paid time and one-half (1 1/2) for the first
(1st) day of this new shift.
- Within
the established rotational system, an employee who performs the functions of
substitute may not be so assigned for a period exceeding two (2) consecutive
months.
12.04
Interpreters
- On average, an interpreter's normal work
day shall consist of six (6) hours of interpretation when part of a team of
three (3) interpreters for a meeting in a single bilingual booth, (or a team of
two (2) interpreters for a meeting in a trilingual booth), or approximately
four (4) hours of interpretation when part of a team of two (2) interpreters
for a meeting in a single bilingual booth.
- The number and make-up of the teams of
interpreters shall be determined on the basis of the workload.
- For
simultaneous interpretation, the minimum number is:
- In the
case of meetings involving two (2) working languages, three (3) interpreters in
a single bilingual booth working for up to six (6) hours (it being understood
that a team should not normally work for more than four (4) consecutive hours);
or two (2) interpreters working for up to four (4) hours (it being understood
that a team should not normally work for more than three (3) consecutive
hours).
- In the
case of meetings involving three (3) working languages, at least two (2)
interpreters per unilingual booth working for up to six (6) hours (it being
understood that a team should not normally work for more than four (4)
consecutive hours).
- In the
case of meetings involving four (4) working languages, at least two (2)
interpreters per unilingual booth working for up to six (6) hours, and three (3)
interpreters where conditions warrant (it being understood that a team should
not normally work for more than four (4) consecutive hours).
- At the
House of Commons, teams shall consist of three (3) interpreters per booth and
should not normally work for more than six (6) consecutive hours. The Employer,
after consultation with the Association, shall establish the roster of
interpreters accordingly.
- For
consecutive, elbow or escort interpretation, the number of interpreters on the
team shall normally be at least two (2) interpreters working a six (6)-hour
day.
- The total hours of work may vary
depending on operational requirements. However, the hours of work shall be
balanced on a monthly basis or, when possible, twice a month, with the Employer
making every reasonable effort not to assign more than thirty-seven and one-half
(37 1/2) hours of work per week, as a
general rule. Work shall be calculated in hours, with one hour of
interpretation equalling one point two-five (1.25) hours of work in the case of
a team of three (3) interpreters (or a team of two (2) interpreters working in
a single bilingual booth) and one point eight seven five (1.875) hours of work
in the case of a team of two (2) interpreters in a meeting involving two
working languages working in a single bilingual booth.
For elbow, consecutive or escort
interpretation, one (1) hour of interpretation shall equal one point eight
seven five (1.875) hours of work when the interpreter is alone and one point
two five (1.25) hours of work when the interpreter is part of a team.
The calculation of hours of work shall
include all duties expressly authorized by the Employer, as well as leaves and
holidays.
- As
a general rule, interpretation assignments shall be scheduled within time
blocks that begin at the time the interpreter is required to report for duty
and end twelve (12) hours later. The interpretation time of each
assignment is counted in minutes, beginning at the time recorded on the
interpreter's program and ending at the time the interpreter's presence is no
longer required.
- Where operational requirements allow it,
the Employer, when scheduling the interpreter's program, shall normally allow
for a twelve (12)-hour interval between the end of the interpreter's work day
and the start of his or her next time block.
- Where operational requirements allow it,
the Employer shall grant the interpreter two (2) consecutive days of rest
during each seven (7) calendar day period. Should it not be possible to grant
such a rest period, these days of rest shall be reinstated as soon as possible
through the operation of the monthly balancing process set out in paragraph (c)
above.
- Pursuant to paragraph (c), the Employer
shall post the interpreters' weekly and cumulative hours worked. Moreover,
where the Conference Interpretation Service is concerned, the Employer shall
post fortnightly the assignment program for the next two (2) weeks.
- An interpreter whose interpretation
assignment is cancelled and who is not reassigned for an equivalent period
during the same time block shall be deemed to have performed duties other than
interpretation during the idle portion of the scheduled assignment.
- An interpreter who is required by the
Employer to be on standby for a specified period shall remain available for the
duration of that period at a known telephone number and shall stand ready to
report for duty as quickly as possible if called. This period shall be deemed
part of the time block for the purposes of paragraph (d).
12.05 Special Work Arrangement for the
Translators
-
- Following
a call for qualified volunteers issued by the Employer to meet operational
needs, an employee may agree to a five-day week which, notwithstanding
paragraph 12.01(a), includes Saturday or Sunday or these two (2) days.
- An
employee who adopts a work week in accordance with paragraph 12.05(a)(i) will
be given at least two consecutive days of rest.
- The
provisions of Note (n) to Appendix "A" apply.
-
- Where
an employee agrees to change his normal work week pursuant to paragraph 12.05(a),
the Employer shall allow thirty (30) calendar days before the change takes
effect.
- An
employee who has adopted a work schedule under paragraph 12.05(a) may terminate
the arrangement by giving thirty (30) calendar days' notice.
- The
Employer may terminate the work arrangement adopted under paragraph 12.05(a) by
giving the employee thirty (30) calendar days' notice.
- The
thirty (30) days' notice may be changed if there is mutual consent regarding
the transition arrangements.
13.01 Exclusion
This article does not apply to employees covered by Article 19,
Parliamentary Leave and Interpretation Leave.
13.02 General
- All
calculations for overtime shall be based on each completed quarter (1/4) hour.
- Employees
shall record starting and finishing times of overtime work in a form determined
by the Employer.
- 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 performance of overtime.
**
- Where
operational requirements permit, the Employer shall make every reasonable
effort to allocate overtime work on an equitable basis among employees who are
deemed qualified by the Employer, provided the Employer endeavours to allocate
overtime first to those employees who have indicated a willingness to work
overtime.
- The
Employer will endeavour to make cash payments for overtime in the month following
the month in which the overtime was worked.
13.03 Compensation
- The
employee required to work overtime during the normal work week shall be granted
compensation at time and one-half (1 1/2) for the first seven and one-half (7 1/2)
consecutive hours of overtime worked on a normal workday and double (2) time
after that.
- If,
exceptionally, an employee is asked to work more than twenty-four (24) hours
without interruption, every hour in excess of twenty-four (24) is compensated
at double (2) time until the Employer makes the necessary arrangements to
ensure the employee gets an eight (8)-hour period during which he does not have
to work.
If the
Employer calls an employee back to work before the end of said eight (8)-hour
period, the employee goes on receiving compensation at double (2) time.
13.04 Compensation for Work on Day of Rest
Subject to clause 13.02:
- An
employee who is required to work on a day of rest shall be compensated at time
and one-half (1 1/2) for the first seven and one-half (7 1/2) hours and double (2)
time after that;
- an
employee who is required to work on a second (2nd) day of rest shall
be compensated at double (2) time provided that the employee also worked all or
part of the first (1st) day of rest. Second (2nd) day of
rest means the second (2nd) day in an unbroken series of consecutive
and contiguous calendar days of rest;
- when an employee works on a day of
rest consecutive and contiguous to a designated paid holiday on which he also
worked all or part of the day, he shall be compensated at double (2) time for
all the hours worked on that day of rest;
- where
an employee is required to and does report for work on a day of rest, the
employee shall be paid the greater of the following:
- three (3) hours compensation at the
applicable overtime rate, only once during an eight (8)-hour period,
or
- compensation at the applicable overtime
rate for the hours actually worked.
13.05 Compensation for Work on a Designated Paid Holiday
- When
an employee is required to work on a designated paid holiday, he shall be paid,
in addition to his normal daily rate of pay, on the basis of time and one-half (1
1/2) for the first seven and one-half (7 1/2) hours and double (2) time after
that;
- when
an employee works on a designated paid holiday consecutive and contiguous to a
day of rest on which he also worked all or part of the day, he shall be paid,
in addition to his normal straight-time hourly rate, on the basis of double (2)
time;
- when
an employee works on a second (2nd) designated paid holiday
consecutive and contiguous to a first (1st) designated paid holiday
on which he also worked all or part of the day, he shall be paid, in addition
to his normal straight-time hourly rate, on the basis of double (2) time for
all the hours worked on the second (2nd) designated paid holiday.
Second (2nd) designated paid holiday means the second (2nd)
day in an unbroken series of consecutive and contiguous calendar designated
paid holidays.
- where
an employee is required to and does report for work on a designated paid
holiday, the employee shall be paid the greater of the following:
- three (3) hours compensation at the
applicable overtime rate, only once during an eight (8)-hour period,
or
- compensation at the applicable rate under
paragraphs 13.05(a), (b) or (c).
13.06 Compensation for Shift Work
Employees working shifts shall be granted compensation as
follows:
- time
and one-half (1 1/2) for each hour worked beyond the normal hours of work in
each work week;
- time
and one-half (1 1/2) for each hour worked on the first (1st) day of
rest and double (2) time for each hour worked on additional and consecutive
days of rest;
- double
time (2) for each hour performed on a designated holiday.
13.07 Call-Back Pay
An employee who is called back to work by the Employer
without advance notice, after he has completed his normal work day and has left
his place of work, and who returns to work, shall be granted compensation at
the applicable overtime rate provided that the period worked does not directly
follow or precede the employee's normal hours of work, on either the day in
question or the following day. Under such circumstances, the employee shall be
paid the greater of the following:
- three
(3) hours compensation at the applicable overtime rate, only once during an
eight (8)-hour period,
or
- compensation
at the applicable overtime rate for the hours actually worked.
13.08 Standby Pay
- When the Employer requires an employee to be available on
standby for a specific period during off-duty hours, the employee shall be paid
at the rate of one half (1/2) hour at straight time for each four (4)-hour
period or portion thereof for which he has been designated as being on standby
duty.
- An
employee on standby who is called in to work by the Employer and who reports
for work shall be compensated in accordance with clause 13.07.
- An
employee required to be on standby duty shall be available during the period of
standby at a known telephone number and be able to report for duty as quickly
as possible if called.
- No
standby duty payment shall be granted if the employee is unable to report for
duty when required.
- The
Employer shall endeavour to allocate standby duties equitably among employees
and shall first call for volunteers within the service where standby is
required. Except in cases of emergency, the Employer shall also endeavour to
give reasonable advance notice to the employee required to be on standby.
13.09 Payments made under paragraph 13.04(c)
and clauses 13.07 and 13.08 shall not be pyramided; that is an employee shall
not receive more than one (1) compensation for the same service.
13.10 Compensatory Leave
- At
the employee's request, compensation earned under this Article is paid in cash
or converted into compensatory leave credits. Such credits being granted
subject to operational requirements.
- Compensatory
leave credits are calculated by dividing the compensation to which the employee
is entitled under this Article by the straight-time hourly rate which applies
to the employee.
- Compensatory leave credits
earned but not used by the end of a twelve (12)-month period, as determined by
the Employer and that remain outstanding by the end of the next four (4)-month
period, shall be converted into cash by multiplying the number of credit hours
by the straight-time hourly rate which applied to the employee on the last day
of the twelve (12)-month period.
Compensatory leave credits earned
under this paragraph shall be used before any other compensatory leave credits
earned thereafter.
13.11 Meal Reimbursement
- An
employee who works three (3) or more hours of overtime immediately before or
following his scheduled hours of work shall be reimbursed for one (1) meal in
the amount of ten dollars fifty ($10.50) except when the meal has been provided
free to the employee.
- When
an employee works overtime continuously extending four (4) hours or more beyond
the period provided in paragraph (a), the employee shall be reimbursed for one (1)
additional meal in the amount of ten dollars fifty ($10.50), except when the
meal has been provided free to the employee.
- Reasonable
time with pay, to be determined by management, shall be allowed the employee in
order that he may take a meal break either at or adjacent to his place of work.
14.01 Where an employee is required by the
Employer to travel outside his headquarters area and on government business, as
these expressions are normally defined by the Employer, and when such travel is
approved and the means of travel determined by the Employer, the employee shall
be compensated only in accordance with clause 14.03, except in the case of
employees covered by Article 19, who are not entitled to any additional
compensation. However, in the case of interpreters working in the official
languages, the travel shall be deemed to be duties other than interpretation
for the purposes of clause 12.04 and its duration shall be calculated in
accordance with clause 14.02.
14.02 The travelling time to be compensated
is as follows:
- for
travel by public transportation, the time between the regularly scheduled time
of departure and the actual time of arrival at a destination and, in the case
of travel by aircraft, the scheduled limousine time to and from the airport;
- for
travel by privately-owned automobile, the normal time as determined by the
Employer to drive from the employee's place of residence directly to his
destination and return.
14.03 If an
employee is required to travel in accordance with the provisions of clauses 14.01
and 14.02:
- on a
normal work day during which he travels but does not work, he shall receive his
normal day's pay;
- on a
normal work day during which he travels and works, he shall be paid:
- at the straight-time hourly rate for the
first seven and one-half (7 1/2) hours,
and
- at the applicable overtime rate for the
additional travelling time in excess of seven and one-half (7 1/2) hours as
mentioned in sub-paragraph 14.03(b)(i), to a maximum of twelve (12) hours at
the straight-time hourly rate;
- on a
day of rest or a designated paid holiday, he shall be paid at the applicable
overtime rate to a maximum of twelve (12) hours' pay at the straight-time
hourly rate.
14.04 Upon application by the employee, the
Employer may meet any obligation to pay compensation to an employee under this
Article by granting to that employee compensatory leave in lieu of such
compensation. Compensatory leave not used by the end of a twelve (12) month
period, as determined by the Employer, will be paid in cash by multiplying the
number of hours to be cashed by the straight-time hourly rate which applied to
the employee on the last day of this twelve (12) month period.
14.05 All calculations for travel time
shall be based on each completed half (1/2) hour of travel.
14.06 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.
14.07 Travel Status
Leave
- An employee who is required to travel
outside his headquarters area on government business, as these expressions are
defined by the Employer, and is away from his permanent residence for forty (40)
nights during a fiscal year shall be granted one (1) day off with pay. The
employee shall be credited with one (1) additional day off for each additional
twenty (20) nights that the employee is away from his permanent residence to a
maximum of eighty (80) additional nights.
- The
maximum number of days off earned under this clause shall not exceed five (5)
days in a fiscal year and shall accumulate as compensatory leave with pay.
- This
leave with pay is deemed to be compensatory leave and is subject to paragraph 13.10(c).
- The
provisions of this clause do not apply when the employee travels to attend
courses, training sessions, professional conferences and seminars.
15.01 Except as provided in clauses 15.02,
15.03, 15.04 and 15.05, the terms and conditions governing the application of
pay to employees are not affected by this Agreement.
15.02 An
employee is entitled to be paid for services rendered at:
- the
pay specified in Appendix "A" for the classification of the position
to which he is appointed, if the classification coincides with that prescribed
in his letter of offer,
or
- the
pay specified in Appendix "A" for the classification prescribed in
his letter of offer, if that classification and the classification of the
position to which he is appointed do not coincide.
15.03
- The
rates of pay set forth in Appendix "A" shall become effective on the
dates specified.
- 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:
- "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;
- 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 bargaining unit during the
retroactive period;
- for initial appointments made during the
retroactive period, the rate of pay selected in the revised rates of pay is the
rate which is immediately shown below the rate of pay being received prior to
the revision;
- for promotions, demotions, deployments,
transfers or acting situations effective during the retroactive period, the
rate of pay shall be recalculated, in accordance with the Public Service
Terms and Conditions of Employment Regulations, 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 immediately shown below the rate of pay
being received prior to the revision;
- no payment or no notification shall be made
pursuant to paragraph 15.03(b) for one dollar ($1.00) or less.
15.04 The qualifying period for the payment
of acting pay for employees is three (3) consecutive working days or shifts.
This payment will be made in accordance with existing regulations.
15.05 Overtime pay which has been paid to
an employee during the period covered by the retroactive pay increases will be
recomputed and the difference between the amount paid on the old salary basis
and the amount payable on the new salary basis will be paid to the employee.
15.06 When an employee at the TR-2, TR-3
or TR-4 level who is not an interpreter is assigned by the Employer to
interpretation duties for a temporary period, he shall be entitled to an amount
of forty dollars ($40.00) per day in addition to his regular pay but such
amount shall not be granted for the time spent in training for such duties.
15.07 Shift Premium
- An employee who works shifts shall receive a shift premium
of two dollars ($2.00) per hour for all hours worked between 4:00 p.m. and 8:00
a.m., including overtime. This premium shall not be paid for hours worked
between 8:00 a.m. and 4:00 p.m.
- An employee who works shifts shall receive an additional
premium of two dollars ($2.00) per hour for hours of work regularly scheduled
and worked on Saturdays and/or Sundays. This premium shall not apply to
overtime hours.
15.08 If, during the term of this
Agreement, a new classification standard is established and implemented by the
Employer, the Employer shall, before applying rates of pay to the new levels
resulting from the application of the standard, negotiate with the Association
the rates of pay and the rules affecting the pay of employees on their movement
to the new levels.
16.01 Subject to clause 16.02, the
following days shall be designated paid holidays for employees:
- New
Year's Day,
- Good
Friday,
- Easter
Monday,
- the day
fixed by proclamation of the Governor in Council for celebration of the
Sovereign's Birthday,
- Canada
Day,
- Labour
Day,
- the
day fixed by proclamation of the Governor in Council as a general day of
Thanksgiving,
- Remembrance
Day,
- Christmas
Day,
- Boxing
Day,
- one (1)
additional day 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 day is recognized as a
provincial or civic holiday, the first (1st) Monday in August,
and
- one (1)
additional day when proclaimed by an Act of Parliament as a National Holiday.
16.02 The designated holiday shall not
be paid to an employee on leave without pay on both the normal working days
immediately preceding and immediately following the designated holiday, except
in the case where such leave has been granted under Article 10.
16.03 Holiday Falling on a Day of Rest
- When
a day designated as a paid holiday under clause 16.01 coincides with an
employee's day of rest, the holiday shall be moved to the employee's first (1st)
normal day of work following his day of rest. When a day designated as a paid
holiday is moved to a day on which the employee is on paid leave, the day shall
be counted as a holiday and not as a day of leave.
- When
a day designated as a paid holiday for an employee is moved to another day
under the provisions of paragraph (a):
- work performed by an employee on the day
from which the holiday was moved shall be considered as work performed on a day
of rest,
and
- work performed by an employee on the day
to which the holiday was moved, shall be considered as work performed on a
holiday.
- Paragraph
(b) does not apply to employees covered by Article 19, Parliamentary leave and
Interpretation Leave.
16.04 For the purposes of paragraph 12.04(c),
the day designated as a paid holiday counts as seven and one-half (7 1/2) hours
of duties other than interpretation, in addition to the hours of work the
interpreter may have performed that day.
17.01
- When
an employee becomes subject to this Agreement, his earned daily leave credits
shall be converted into hours. When an employee ceases to be subject to this
Agreement, his earned hourly leave credits shall be reconverted into days, with
one (1) day being equal to seven decimal five (7.5) hours.
- Earned
leave credits or other leave entitlements shall be equal to seven decimal five (7.5)
hours per day.
17.02
- Leave
is counted in hours, the number of hours debited for each day of leave being
equal to the number of hours of work scheduled for the employee for the day in
question.
- Notwithstanding
the above, in clause 21.02, Bereavement Leave, a "day" will mean a calendar
day.
17.03 When the employment of an
employee who has been granted more annual or sick leave with pay than he has
earned is terminated by death or by lay-off after two (2) or more complete
years of continuous employment, the employee is considered to have earned the
amount of leave with pay granted to him.
17.04 In the event of termination of
employment, the employer recovers from any monies owed to the employee an
amount equivalent to annual or sick leaves granted to the employee but not
earned by him.
17.05 An employee must be informed at least
once in each fiscal year of the balance of his annual and sick leave with pay
credits.
17.06 The amount of leave with pay credited
to an employee by the Employer at the time when this Agreement is signed, or at
the time when he becomes subject to this Agreement, shall be retained by the
employee.
17.07 Notwithstanding anything
contained in Article 18, Annual Leave, Article 19, Parliamentary and
Interpretation Leave, Article 20, Sick Leave, and Article 21, Other Leave, an
employee shall not be granted annual leave, sick leave, or other types of leave
with pay while he is on leave without pay or under suspension.
17.08 Except as otherwise indicated in this
agreement, when leave without pay of a duration exceeding three (3) months is
granted to an employee for reasons other than illness, the total duration of
the leave granted shall be deducted from the calculation of the employee's
period of continuous employment for the purpose of calculating severance pay
and of service for the purpose of calculating vacation leave. Time spent on
such leave shall not be counted for pay increment purposes.
18.01 Credits
- An employee who has earned at least
ten (10) days' pay for each calendar month of a fiscal year shall earn annual
leave at the following rates:
- nine decimal
three seven five (9.375) hours at the employee's straight-time hourly rate
until the month in which the anniversary of the employee's eighth (8th)
year of service occurs (fifteen (15) days per year);
- twelve
decimal five (12.5) hours at the employee's straight-time hourly rate
commencing with the month in which the anniversary of the employee's eighth (8th)
year of service occurs (twenty (20) days per year);
- thirteen decimal seven five (13.75) hours
at the employee's straight-time hourly rate commencing with the month in which
the anniversary of the employee's sixteenth (16th) year of service
occurs (twenty-two (22) days per year);
- fourteen decimal three seven five (14.375)
hours at the employee's straight-time hourly rate commencing with the month in
which the anniversary of the employee's seventeenth (17th) year of
service occurs (twenty-three (23) days per year);
- fifteen decimal six two five (15.625) hours
at the employee's straight-time hourly rate commencing with the month in which
the anniversary of the employee's eighteen (18th) year of service
occurs (twenty-five (25) days per year);
- sixteen decimal eight seven five (16.875)
hours at the employee's straight-time hourly rate commencing with the month in
which the anniversary of the employee's twenty-seventh (27th) year
of service occurs (twenty-seven (27) days per year);
- eighteen decimal seven five (18.75) hours
at the employee's straight-time hourly rate commencing with the month in which
the anniversary of the employee's twenty-eight (28th) year of
service occurs (thirty (30) days per year).
- For
the purpose of paragraph (a) only, all service within the Public Service,
whether continuous or discontinuous, shall count toward annual 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 lay-off and is reappointed to the Public Service within one (1)
year following the date of lay-off.
18.02 Granting of Annual Leave
- In
granting annual leave with pay to an employee the Employer shall, subject to
the operational requirements of the service, make every reasonable effort:
- to schedule the employee's annual leave
during the fiscal year in which it is earned if so requested by the employee
before May 1;
- to schedule the annual leave for at least
two (2) consecutive weeks, if so requested by the employee before May 1;
- to comply with any request made by an
employee before January 31 that he be permitted to use in the following fiscal
year any period of annual leave of four (4) days or more earned by him in the
current year;
- to schedule
annual leave when specified by the employee if the period of annual leave
requested is less than a week, and if the employee gives the Employer at least
two (2) days' advance notice for each day of annual leave requested.
- The
Employer may for good and sufficient reason grant annual leave on shorter
notice than that provided for in paragraph (a).
- During
his first six (6) months of continuous employment, an employee is only entitled
to annual leave with pay to the extent of his earned credits.
- An
employee with six (6) months of continuous employment may take in advance a
number of days of annual leave equal to the credits he is expected to earn
during the year in question.
**
- With
respect to employees to whom article 19 applies, the granting of annual 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.
18.03 Displacement of Annual Leave
- If,
during any period of annual leave, an employee is granted bereavement leave or
leave with pay for illness in the immediate family, the period of annual leave
will be displaced.
- Sick
leave, on production of a medical certificate, can displace annual leave for
any period in excess of one (1) day of sickness per week of annual leave.
The period of annual leave displaced in accordance with
paragraphs (a) and (b) of this clause shall either be added to the annual leave
period if requested by the employee and approved by the Employer or reinstated
for use at a later date.
18.04 Carry-over, Exhaustion and Conversion of Annual Leave
- Employees
must normally take all of their annual leave during the fiscal year in which it
is earned.
- Where in any fiscal year, an employee
has not been granted all of the annual leave credited to him, the unused
portion of his annual leave shall be carried over into the following year,
except that the unused portion of annual leave in excess of thirty (30) days
shall be automatically converted into cash, by multiplying the number of days
to which the excess leave credits correspond by the daily rate of pay which
applied to the employee on the last day of the preceding fiscal year.
- Upon
written application by the employee and approval by the Employer, earned but
unused annual leave credits of less than thirty (30) days shall be converted to
cash. The amount shall be calculated by multiplying the number of days to which
the unused portion of annual leave credits correspond by the daily rate of pay
which applied to the employee on the last day of the preceding fiscal year.
18.05 Recall from Annual Leave
- Where
operational requirements permit, the Employer shall make every reasonable
effort not to recall an employee to duty after he has proceeded on annual
leave.
- Where,
during any period of annual leave, an employee is recalled to duty, he shall be
reimbursed for reasonable expenses, as normally defined by the Employer, that
he incurs:
- in proceeding to his place of duty,
and
- in returning to the place from which he
was recalled if he immediately resumes his annual leave upon completing the
assignment for which he was recalled,
after
submitting such accounts as are normally required by the Employer.
- The
employee shall not be considered as being on annual leave during any period in respect
of which he is entitled under paragraph (b) to be reimbursed for reasonable
expenses incurred by him.
18.06 Cancellation of
Annual Leave
When the Employer cancels or alters a period of annual
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, when available, to the Employer.
18.07 Conversion of Annual Leave Credits to Cash when Employment Terminates
- Upon
termination of employment, the employee shall receive an amount equal to the
product obtained by multiplying the number of days of earned but unused annual
leave by the daily rate of pay which applied to the employee on the day on
which his employment was terminated. Where an employee dies, this amount will
be paid to his estate.
- Notwithstanding
paragraph (a), an employee whose employment is terminated by reason of a
declaration that he abandoned his position is entitled to receive the payment
referred to in paragraph (a) if he requests it within six (6) months following
the date upon which his employment is terminated.
- Notwithstanding paragraph (a), an employee who resigns to
accept an appointment with a separate Employer covered by Schedule V of the Financial Administration Act may choose
not to be paid for his earned but unused annual leave, provided that the
separate Employer agrees to accept such credits.
18.08 Advance Payments
- The
Employer agrees to issue, prior to departure, advance payments of estimated net
salary for authorized annual leave 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
annual leave period commences.
- 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.
18.09 Complementary Leave Without Pay
- If
an employee has used all the annual, parliamentary and interpretation leave
credits to which he is entitled in the year, the Employer may at its discretion
grant the employee, during the current fiscal year, a maximum of ten (10) days
of complementary leave without pay, to be taken consecutively or otherwise.
- The
employee shall give two (2) days' advance notice for each day of complementary
leave without pay requested.
- The
Employer may for good and sufficient reason grant complementary leave without
pay on shorter notice than that provided for in paragraph (b).
- An
employee may not take complementary leave without pay during his first six (6)
months of continuous employment.
18.10
- The employee 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 18.01(b).
- Transitional
Provisions
- Effective
on June 29, 2006, the employee with more than two (2) years of service, as
defined in paragraph 18.01(b), shall be credited a one-time entitlement of
thirty-seven decimal five (37.5) hours of vacation leave with pay.
- The
vacation leave credits provided in paragraphs 18.10(a) and (b) above shall be
excluded from the application of paragraph 18.04 dealing with the Carry-over
and/or Liquidation of Vacation Leave.
19.01 Parliamentary Leave and Interpretation Leave
-
- In addition to their annual leave,
employees assigned to parliamentary service and who are normally required to
perform work days of varying length with irregular hours shall receive special
compensation in the form of parliamentary leave prorated to the number of days
worked by the employee for the Employer during the fiscal year.
- Employees assigned to parliamentary
service and who normally translate documents other than the debates of the
House of Commons and of the Senate are subject to Article 19 on the same basis
as employees contemplated by sub-paragraph (i) regardless of the hours of work
set by the Employer.
- In addition
to their annual leave, interpreters assigned to the interpretation of
conferences in both official languages shall receive special compensation in
the form of interpretation leave prorated to the number of days worked by the
interpreter for the Employer during the fiscal year.
- Notwithstanding the provisions of
paragraph 19.01(a), an employee at the TR-1 level assigned to the parliamentary
service or to the interpretation of conferences in both official languages
within the context of an Employer's training program for parliamentary
translation or interpretation is only covered by this article during the second
(2nd) year of said program. During the first (1st) year
of the training program he is subject to those provisions of the agreement that
do not apply to employees covered by the present article.
- The maximum number of days of
parliamentary or interpretation leave is forty (40) per fiscal year, except in
the case of employees with more than twelve (12) years of employment in
parliamentary service or in interpretation in both (2) official languages, in
which case the maximum is fifty (50) days per fiscal year, and except in the
case of TR-1 employees mentioned in (iv) above, in which case the maximum is
twenty (20) days per fiscal year.
- An
employee is entitled to the maximum number of days of parliamentary or
interpretation leave if, during the fiscal year, he has worked a minimum number
of days obtained by subtracting from two hundred and sixty-one (261) days the
number of designated paid holidays, the number of annual and parliamentary or
interpretation leave credits carried over and the maximum number of annual and
parliamentary or interpretation leave credits for which the employee is
normally eligible for the current fiscal year.
- The
granting of parliamentary or interpretation 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 parliamentary or interpretation leave during the
fiscal year, such leave must be granted before the end of the following fiscal
year.
- If an employee is granted parliamentary or interpretation
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.
- Where
operational requirements permit, the Employer shall make every reasonable
effort to grant an employee entitled under this clause, once per fiscal year, a
period of eight (8) consecutive weeks of parliamentary or interpretation leave
or a combination of such leave and annual leave.
19.02 Call Back from Parliamentary Leave or Interpretation Leave
- Where
operational requirements permit, the Employer shall make every reasonable
effort not to call back an employee once he is on parliamentary leave or
interpretation leave.
- When an employee is called back to
work, during any period of his parliamentary or his interpretation leave, he
shall be reimbursed reasonable expenses, as usually defined by the Employer,
incurred by him:
- to go to his work location,
and
- to return to the point whence he was
called back if he resumes his leave immediately after performing the duties for
which he was called back, subject to submitting vouchers usually required by
the Employer.
- An
employee shall not be considered as being on parliamentary or interpretation
leave during any period entitling him, under the provisions of paragraph (b),
to the repayment of reasonable expenses incurred by him.
19.03 Meal at Debates
The Employer agrees to provide a meal to Debates employees
when the Senate and the House of Commons sit for a combined total of more than
thirteen (13) hours; if no meal is provided, the Employer shall pay employees a
meal allowance of $10.50.
20.01 Credits
- An
employee shall earn sick leave credits at the rate of one and one-quarter (1 1/4)
days for each calendar month for which he receives pay for at least ten (10)
days.
- An
employee working shifts shall earn additional sick leave credits at the rate of
one-sixth (1/6) of a day for each calendar month during which he works shifts
and receives pay for at least ten (10) days. Such credits shall not be carried
over in the next fiscal year and are available only if the employee has already
used fifteen (15) sick leave credits during the current fiscal year.
20.02 Granting of Sick Leave
- An
employee shall be granted sick leave with pay when he is unable to perform his
duties because of illness or injury provided that:
- he satisfies the Employer of this condition
in such a manner and at such a time as may be determined by the Employer,
and
- he has the necessary sick leave credits.
- Unless
the employee is otherwise informed by the Employer, a statement signed by him
stating that because of this illness or injury he was unable to perform his
duties shall, when delivered to the Employer, be considered as meeting the
requirements of sub-paragraph (i).
- An
employee shall not be granted sick leave with pay during any period in which he
is on leave without pay, or under suspension.
20.03 Advance of Credits
- When an employee has insufficient or no credits to cover the
granting of sick leave with pay under the provisions of clause 20.02, advanced
sick leave with pay may, at the discretion of the Employer, be granted to an
employee to cover one or several periods of sick leave for a total overdraft of
twenty-five (25) days, subject to the deduction of such advanced leave from any
sick leave credits subsequently earned.
- 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, and the number of days of injury-on-duty leave granted is
added back to his sick leave credits.
20.04 Reinstatement of Credits
Sick
leave credits earned but unused by an employee who was terminated by reason of
layoff shall be restored if the employee is reappointed in the Public Service
within two (2) years from the date of layoff.
21.01 General
In respect of any requests for leave under this Article, the
employee, when required by the Employer, must provide satisfactory validation
of the circumstances necessitating such requests.
21.02 Bereavement Leave
For the purposes of this clause, "immediate family"
is defined as any relative permanently residing in the employee's household or
with whom the employee permanently resides, and the employee's 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, grandparent, father-in-law and mother-in-law.
**
- When
a member of his immediate family dies, an employee shall be granted bereavement
leave for a single period of a maximum 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 he shall be paid for those days which
are not regularly scheduled days of rest for that 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.
- An
employee is entitled to one (1) day's bereavement leave with pay for the
purpose related to the death of his son-in-law, daughter-in-law, brother-in-law
or sister-in-law.
- If,
during a period of sick leave, vacation leave, parliamentary leave,
interpretation leave or compensatory leave, an employee is bereaved in
circumstances under which he would have been eligible for bereavement leave
with pay under paragraphs (a) and (b), the employee shall be granted
bereavement leave with pay and his paid leave credits shall be restored to the
extent of any concurrent bereavement leave with pay granted.
- 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 or in a manner other than
that provided for in paragraphs 21.02(a) and (b).
21.03 Maternity Leave without Pay
- 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.
- Notwithstanding paragraph (a):
- where the employee has not yet proceeded on
maternity leave without pay and her newborn child is hospitalized,
or
- where the employee has proceeded on
maternity leave without pay and then returns to work for all or part of the
period during which 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 during which the employee was not on maternity leave,
to a maximum of eighteen (18) weeks.
- The extension described in paragraph (b) shall end not later than fifty-two (52)
weeks after the termination date of pregnancy.
- The Employer may require an employee
to submit a medical certificate certifying pregnancy.
- An employee who has not commenced maternity leave without pay may elect to:
- use earned vacation and compensatory leave
credits up to and beyond the date that her pregnancy terminates;
- use her sick leave credits up to and
beyond the date that her pregnancy terminates, subject to the provisions set
out in Article 20 Sick Leave. For purposes of this subparagraph, the terms "illness"
or "injury" used in Article 20 Sick Leave, shall include medical
disability related to pregnancy.
- An employee shall inform the Employer in writing of her plans for taking leave
with and without pay to cover her absence from work due to the pregnancy at
least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there
is a valid reason why the notice cannot be given.
- 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.
21.04 Maternity Allowance
- 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 paragraph (c) to (i),
provided that she:
- has completed six (6) months of continuous
employment before the commencement of her maternity leave without pay,
- provides the Employer with proof that she
has applied for and is in receipt of maternity benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
- has signed an agreement with the Employer
stating that:
- 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;
- 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;
- should she fail to return to work 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, lay-off, 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:
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
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).
- 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).
- Maternity allowance payments made in accordance with the SUB Plan will consist
of the following:
- 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
- for each week that the employee receives a
maternity benefit under the Employment Insurance or the Québec Parental
Insurance Plan, she is eligible to receive the difference between ninety-three
per cent (93%) of her weekly rate of pay 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.
- At the employee's request, the payment referred to in
subparagraph 21.04(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 Québec Parental Insurance Plan maternity benefits.
- 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 Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity leave without pay,
- 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.
- 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.
- 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.
- Where an employee becomes eligible for a pay increment or pay revision while in
receipt of the maternity allowance, the allowance shall be adjusted
accordingly.
- Maternity allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
21.05 Special Maternity Allowance for Totally
Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 21.04(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 the Government Employees Compensation Act prevents her from receiving
Employment Insurance or Québec Parental Insurance Plan maternity benefits;
and
- has
satisfied all of the other eligibility criteria specified in subparagraph 21.04(a),
other than those specified in sections (A) and (B) of subparagraph 21.04(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 via the Government Employees Compensation Act.
- An employee shall be paid an allowance
under this clause and under clause 21.04 for a combined period of no more than
the number of weeks during which she would have been eligible for maternity
benefits under the Employment Insurance or the Québec Parental Insurance Plan
had she not been disqualified from Employment Insurance or Québec Parental
Insurance Plan maternity benefits for the reasons described in subparagraph (a)(i).
21.06 Parental Leave without Pay
- 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.
- 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) period beginning on the day on which the child comes into
the employee's care.
- Notwithstanding paragraphs (a) and (b) above, at the option of the employees,
the parental leave can be taken in two (2) periods of consecutive weeks, to a
maximum of thirty-seven (37) weeks.
- Notwithstanding paragraphs (a) and
(b):
- 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
- where the employee has proceeded on
parental leave without pay and then returns to work for all or part of the
period during which 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 during which 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.
- An employee who intends to request parental leave without pay shall notify the
Employer at least four (4) weeks in advance of the commencement date of such
leave.
- The Employer may:
- defer the commencement of parental leave
without pay at the request of the employee;
- grant the employee parental leave without
pay with less than four (4) weeks' notice;
- require an employee to submit a birth
certificate or proof of adoption of the child.
- 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.
21.07 Parental Allowance
- 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:
- has completed six (6) months of continuous
employment before the commencement of parental leave without pay,
- 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
Québec Parental Insurance Plan in respect of insurable employment with the
Employer,
and
- has signed an agreement with the Employer
stating that:
- the employee will return to work on the expiry
date of his/her parental leave without pay, unless the return to work date is
modified by the approval of another form of leave;
- 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 21.04(a)(iii)(B), if applicable;
- should he or she fail to return to work
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,
lay-off, 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:
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
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).
- 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).
- Parental Allowance payments made in accordance with the SUB Plan will consist
of the following:
- 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/her weekly rate of pay for each week of the
waiting period, less any other monies earned during this period;
- for each week the employee receives
parental, adoption or paternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan, he or she is eligible to receive the difference
between ninety-three per cent (93%) of his or her weekly rate of pay and the
parental, adoption or paternity benefit, less any other monies earned during
this period which may result in a decrease in his/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;
- 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 Québec 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.
- At the employee's request, the payment referred to in subparagraph 21.07(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 Québec
Parental Insurance Plan parental benefits.
- 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 Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- 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;
- 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.
- 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 she or he is
appointed.
- 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.
- Where an employee becomes eligible for a pay increment or pay revision while in
receipt of parental allowance, the allowance shall be adjusted accordingly.
- Parental allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
- The maximum combined 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.
21.08 Special Parental Allowance for Totally Disabled Employees
-
An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 21.07(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 via the Government Employees Compensation Act
prevents the employee from receiving Employment Insurance or Québec Parental
Insurance Plan benefits;
and
- has satisfied all of the other eligibility
criteria specified in subparagraph 21.07(a), other than those specified in
sections (A) and (B) of subparagraph 21.07(a)(iii);
shall
be paid, in respect of each week of benefits under the parental allowance not
received for the reason described in subparagraph (a)(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 via the Government Employees
Compensation Act.
- An employee shall be paid an allowance
under this clause and under clause 21.07 for a combined period of no more than
the number of weeks during which the employee would have been eligible for
parental, paternity or adoption benefits under the Employment Insurance or the
Québec Parental Insurance Plan, had the employee not been disqualified from
Employment Insurance or Québec Parental Insurance Plan benefits for the reasons
described in subparagraph (a)(i).
21.09 Leave Without Pay for the Care of Immediate Family
An employee shall be granted leave without pay for the care
of immediate family in accordance with the following conditions:
- For
the purpose of this clause, 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 stepparents or foster parent)
or any relative permanently residing in the employee's household or with whom
the employee permanently resides.
- Subject
to paragraph (a), up to five (5) years leave without pay during an employee's
total period of employment in the Public Service may be granted for the
personal long-term care of the employee's family. Leave granted under this
paragraph shall be for a minimum period of three (3) weeks.
- 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.
- An
employee who has proceeded on leave without pay may change his return to work
date if such change does not result in additional costs to the Employer.
- Leave
granted for a period of less than one (1) year shall be scheduled in a manner
which ensures continued service delivery.
**
- Compassionate Care Leave
- Notwithstanding paragraphs 21.09 (a) and
(b) 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, but not
exceeding eight (8) weeks, while in receipt of or awaiting these benefits.
- Leave granted under this clause may exceed
the five (5) year maximum provided in paragraph (b) 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.
- 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.
- When an employee is notified that their
request for Employment Insurance (EI) Compassionate Care Benefits has been
denied, paragraphs (i) and (ii) above cease to apply.
21.10 Leave Without Pay for
Personal Needs
Leave without pay will be granted for personal needs,
in the following manner:
- Where operational requirements
permit, leave without pay for a period of up to three (3) months will be
granted to an employee for personal needs. 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 annual
leave. Time spent on such leave shall be counted for pay increment purposes.
- Where
operational requirements permit, leave without pay of more than three (3)
months but not exceeding one (1) year will be granted to an employee for
personal needs.
- An employee is entitled to leave
without pay for personal needs twice under each of (a) and (b) of this clause
during his total period of employment in the Public Service. At least ten (10)
years must have elapsed before the second use of the leave as provided under
each of (a) and (b) of this clause. Leave without pay granted under this clause
may not be used in combination with maternity or parental leave without the
consent of the Employer.
21.11 Leave Without Pay for Relocation of
Spouse or Common-law Partner
At the request of an employee, leave without pay for a
period up to one (1) year shall be granted to an employee whose spouse or
common-law partner is permanently relocated and up to five (5) years to an
employee whose spouse or common-law partner is temporarily relocated.
21.12 Leave With Pay for Family-Related
Responsibilities
- For
the purposes of sub-paragraphs (b)(i), (ii) and (iii) only, "family"
is defined as any relative residing in the employee's household or with whom
the employee permanently resides, and the employee's spouse (or common-law
partner resident with the employee), children (including foster children and
children of legal or common-law partner) and parents (including step-parents or
foster parents).
- The
employee shall be granted leave with pay as follows:
- for an appointment to take a member of his
family for a medical or dental appointment, when the family member is incapable
of attending the appointment by himself, or for appointments with appropriate
authorities in schools or adoption agencies. An employee requesting leave under
this sub-paragraph must make every reasonable effort to schedule the
appointment to minimize or preclude time away from work, and must notify his
supervisor of the appointment as far in advance as possible;
- to provide for the immediate and temporary
care of a sick member of his family and to provide an employee with time to
make alternative care arrangements where the illness is of a longer duration;
- for needs directly related to the birth
or to the adoption of his child.
- The
total leave with pay which may be granted under sub-paragraphs (b)(i), (ii) and
(iii) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
- Where,
in respect of any period of compensatory leave, an employee is granted leave
with pay for illness in the family under 21.12(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.
21.13 Court Leave
Leave with pay shall be given to an employee who is
required:
- to
be available for jury selection and to serve on a jury,
or
- by
subpoena, summons or other legal instruments to attend as a witness in any
proceeding, other than a proceeding in which the employee is a party, held:
- in or under the authority of a court of
justice or before a grand jury,
- before a court, judge, justice magistrate
or coroner,
- 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 his position,
- 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
- 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.
21.14 Examination Leave
Leave
with pay may be granted to an employee for the purpose of taking an examination
during his normal hours of work. Such leave will be granted only where in the opinion
of the Employer the course of study is directly related to the employee's
duties or will improve his professional qualifications.
21.15 Personnel Selection Leave
Where an employee participates as a candidate in a personnel
selection process 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 presence is so required. Such leave will only
be granted for those periods the employee would normally be on duty.
21.16 Education Leave
- An
employee may be granted education leave without pay for varying periods up to
one (1) year, which can be renewed by mutual agreement, for additional or
special study in an academic or professional institution or for a program of
special study in order to permit such an employee to improve his professional
skills. The purpose of this leave is to enable the employee to perform his
duties more adequately and therefore such leave shall be directly related to
the needs and interests of the Employer.
- At
the discretion of the Employer, an employee on education leave under this
clause may receive an allowance in lieu of salary of up to one hundred per cent
(100%) of his annual rate of pay as provided for in Appendix "A" of
this Agreement, 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
allowances may be reduced. In such cases the amount of reduction shall not
exceed the amount of the grant, bursary or scholarship.
- Any
allowance already being received by the employee and not part of his basic
salary shall not be used in the calculation of the allowance for education
leave without pay.
- Allowances
already being received by the employee may at the discretion of the Employer be
continued during the period of the education leave and the employee shall be
notified when the leave is approved whether such allowances are to be continued
in whole or in part.
- As a
condition to the granting of education leave, an employee shall, if required,
give a written undertaking prior to the commencement of the leave to return to
the service of the Employer and stay at his service for a period of not less
than the period of the leave granted. If the employee, except with the
permission of the Employer:
- fails to complete the course,
- does not resume his employment with the
Employer on completion of the course,
or
- ceases to be employed before termination
of the period he has undertaken to serve after completion of the course,
he shall
repay the Employer all allowances paid to him during the education leave or
such lesser sum as shall be determined by the Employer.
- Time
spent on such leave shall be counted for pay increment and for service for the
purpose of calculating vacation leave.
21.17 Career Development Leave
- An
employee invited to give courses or lectures on matters related to his field of
employment or to take part in seminars and conventions pertaining to translation
or interpretation and related to his employment may, at the discretion of the
Employer, be given leave with pay for such attendance. "Leave with pay"
means the employee's normal compensation including any increase for which he
may become eligible during his absence.
- An
employee shall not be entitled to any compensation under Articles 13, Overtime,
and 14, Travelling Time, in respect of hours he is in attendance at or
travelling to or from a conference, convention, course or lecture under the provisions
of this clause.
21.18 Injury-on-duty Leave
An employee shall be granted injury-on-duty leave with pay
for such reasonable period as may be 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:
- personal
injury accidentally received in the performance of his duties and not caused by
the employee's wilful misconduct,
- sickness
resulting from the nature of his employment,
or
- exposure
to hazardous conditions in the course of his employment,
if the employee agrees to remit to the Receiver General of
Canada any amount received by him 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.
21.19 Maternity-related Reassignment or Leave
- 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.
- An
employee's request under paragraph (a) 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. Dependent upon the particular circumstances of the request, the
Employer may obtain an independent medical opinion.
- An
employee who has made a request under paragraph (a) 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:
- modifies her job functions or reassigns
her,
or
- informs her in writing that it is not
reasonably practicable to modify her job functions or reassign her.
- Where
reasonably practicable, the Employer shall modify the employee's job functions
or reassign her.
- 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.
- 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.
21.20 Medical Appointment for Pregnant
Employees
- Up
to half a day (1/2) of reasonable time off with pay will be granted to pregnant
employees for the purpose of attending routine medical appointments.
- Where
a series of continuing appointments are necessary for the treatment of a
particular condition relating to the pregnancy, absences shall be charged to
sick leave.
21.21 Religious Observance
- The
Employer shall make every reasonable effort to accommodate an employee who
requests time off to fulfill his religious obligations.
- 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.
- Notwithstanding paragraph (b), 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 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.
- An
employee who intends to request leave or time off under this clause 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.
21.22 Volunteer Leave
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 organization or activity, other than for activities
related to the Government of Canada Workplace
Charitable Campaign.
The leave will be scheduled at times convenient both to the
employee and the Employer. Nevertheless, the Employer shall make every
reasonable effort to grant the leave at such times as the employee may request.
21.23 Personal Leave
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.
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 leave at such times as the employee may request.
21.24 Leave With or Without Pay for Other
Reasons
At its discretion, the Employer may grant leave with or
without pay for purposes other than those specified in this Agreement.
22.01 Under the following circumstances of
termination of employment, an employee shall receive severance benefits.
- Lay-Off
- When an employee has completed one (1) year
or more of continuous employment and is laid off, he is entitled to be paid
severance pay at the time of lay-off.
- In the case of an employee who is laid off
for the first (1st) time, the amount of severance pay shall be two (2)
weeks' pay for the first (1st) completed year of continuous
employment and one (1) week's pay for each additional completed 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).
- In the case of an employee who is laid
off for a second (2nd) or subsequent time, the amount of severance
pay shall be one (1) week's pay for each completed 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 he has
already been granted severance pay under sub-paragraph (ii) above.
- Retirement
- an employee who, on retirement, is entitled
to an immediate annuity, or an employee is entitled to an immediate annual
allowance under the Public Service
Superannuation Act,
or
- a part-time
employee, who regularly works more than thirteen and one-half (13 1/2) but less
than thirty (30) hours a week, and who, if he were a contributor under the Public Service Superannuation Act, would
be entitled to an immediate annuity or to an immediate annual allowance,
shall
be paid, on termination of employment, severance pay equal to the product
obtained by multiplying his weekly rate of pay on termination of employment by
the number of completed years of continuous employment and, in the case of a
partial year of continuous employment, by the number of days of continuous
employment divided by three hundred and sixty-five (365), up to a maximum of
thirty (30) years.
- Resignation
- An employee who, at the time of his
resignation, has ten (10) or more years of continuous employment is, subject to
paragraph (b), entitled to be paid severance pay equal to the amount obtained
by multiplying half (1/2) of his weekly rate of pay on resignation by the
number of completed years of continuous employment up to a maximum of twenty-six
(26).
- Notwithstanding sub-paragraph (i), an
employee who resigns to accept an appointment with a separate Employer covered
by Schedule IV of the Financial
Administration Act may decide not to accept severance pay, provided that
the separate Employer will accept, for the purpose of calculating severance
pay, the years of service accumulated by the employee within an organization
covered by Schedule I and IV of the Financial Administration Act.
- Termination for Cause
for Reasons of Incapacity or Incompetence
- 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 Section 12(1)(e) of
the Financial Administration Act, he
shall be entitled to severance pay on the basis of one (1) week's pay for each
completed 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), up to a
maximum of twenty-eight (28) weeks.
- 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 the provisions of
Section 12(1)(d) of the Financial
Administration Act, he shall be entitled to severance pay on the basis of
one (1) week's pay for each completed year of continuous employment up to a
maximum of twenty-eight (28) weeks.
- 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, he
shall be entitled to severance pay on the basis of one (1) week's pay for each
completed year of continuous employment.
22.02 Severance Pay on Death
If an employee dies, there shall be paid to his estate an
amount determined in accordance with paragraph 22.01(b) regardless of any other
benefit payable.
22.03 General
- The
period of continuous employment used in the calculation of severance benefits
payable to an employee under this Article shall be reduced by any period of
continuous employment in respect of which the employee had already been granted
severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu
thereof by the Public Service, a Federal Crown Corporation, the Canadian Forces
or the Royal Canadian Mounted Police.
- Except
as otherwise specified in this Agreement periods of leave without pay in excess
of three (3) months shall not be counted as continuous employment for the
purpose of calculating severance pay.
- In
this article "pay" means the rate of pay of the employee's
substantive position.
- Notwithstanding
paragraph 22.03(c), where an employee has been in an acting position for more
than two (2) years at the time of severance, the rate of pay used to determine
the employee's severance pay is the employee's acting rate of pay.
- Under
no circumstances shall the maximum severance pay provided under this article be
pyramided.
23.01
- 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 him at that time. An employee's signature
on his assessment form will be considered to be an indication only that its
contents have been read and shall not indicate his concurrence with the
statements contained on the form.
- The Employer's representative(s) who
assess 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.
- An
employee has the right to make written comments to be attached to the
performance review form.
23.02 Upon request, an employee shall be
granted access to his personal file at least once a year, in the presence of an
authorized representative of the Employer.
24.01 When an employee is suspended from
duty, the Employer shall provide the reason for the suspension in writing and
shall endeavour to do so at the time of the suspension.
24.02 The Employer shall notify the
Association as soon as possible that such suspension has occurred.
24.03 When an employee is required to
attend a meeting, the purpose of which is to render a disciplinary decision
concerning him, the employee is entitled to have, at his request, a
representative of the Association attend the meeting. Where practicable, the
employee shall receive a minimum of one (1) day's notice of such a meeting.
24.04 The Employer agrees not to introduce
as evidence at a hearing relating to disciplinary action any document from the
employee's file the content of which was not made known to the employee at the
time it was placed on his file or within a reasonable time thereafter.
24.05 Any document relating to disciplinary
action that is 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 other disciplinary action has been recorded during this
period.
25.01 The Employer shall continue to make
all reasonable provisions for the occupational safety and health of employees
and agrees to correct within a reasonable delay any situation which can be
detrimental to their health or safety. The Employer will welcome suggestions on
the subject from the Association 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.
25.02
- An
interpreter may be relieved by the unit head of any interpretation work when
the technical equipment or the facilities do not meet the minimum standards of
the Canadian General Standards Board.
- The
Employer shall make a headset available to the interpreter without cost.
The Employer shall undertake to consult in the spirit of
clauses 31.02, 31.03 and 31.04 of this collective agreement the Association's
head office as soon as possible and throughout the process prior to finalizing
plans to move or rearrange work areas, to familiarize himself with the
employees' concerns.
27.01 The Employer agrees that employees
shall have access to all publications or other documentation considered
necessary to their work by the Employer.
27.02 Where operational requirements
permit, the Employer shall allow interpreters prior familiarization with the
subject matter and nature of the meeting to which they are assigned, by
obtaining from organizers any necessary reference material and by arranging for
appropriate information and briefing sessions. The Employer shall give
interpreters the opportunity to prepare effectively for their duties by
assigning them to reference work whenever necessary.
Considering that skill to work both from English to French
and from French to English meets the standards of the Translation Bureau, the
Employer shall not require knowledge of a third language from interpreters
recruited for work in both official languages of Canada.
The Employer and
the Association are agreed that it is appropriate, as often as possible, to
resolve disputes at the level where they occur without necessarily invoking the
filing of a grievance, with the participation of the employee and a representative
of the Employer, and preferably at the lowest possible level of management.
Accordingly, and subject to agreement between the employee and the Employer's
representative, an alternative dispute resolution process, characterized by
open co-operation, frank exchanges of views and a quest for innovative
solutions, may be used.
The employee and
the Employer's representative may decide to seek the co-operation of a neutral
third party not associated with the dispute. The role of this third party will
be to attempt to reconcile the parties, promote open and full discussion and
identify solutions that satisfy both parties. Paragraph 30.02 shall apply
throughout the alternative dispute resolution process.
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:
- by
the interpretation or application, in respect of the employee, of
- 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
- a
provision of the collective agreement or an arbitral award; or
- 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.
- In
order to present a group grievance, the Association must first obtain the
written consent of each of the employees concerned.
- 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
- 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.
- 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.
- 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:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate step,
and
- 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:
- 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
- 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:
- Step
1 - first level of management;
- Steps
2 and 3 in departments or agencies where such steps are established -
intermediate step(s);
- 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:
- 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
- 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:
- the grievance may be presented at the final
step only,
and
- 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:
- the interpretation or
application of a provision of this Collective Agreement or related Arbitral
Award,
or
- termination of employment or demotion pursuant
to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,
or
- 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:
- its
approval of the reference of the grievance to adjudication,
and
- 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.
- 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.
- Future cases may be identified for this
process by either party, subject to the consent of the parties.
- 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.
- 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.
- No witnesses will testify.
- 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.
- 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.
- 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.
- 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.
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.
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.
33.01 In this Article "Technological
Change" means:
- the
introduction by the Employer of equipment or material of a different nature
than that previously utilized;
and
- 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:
- the
nature and degree of change;
- the
anticipated date or dates on which the Employer plans to effect change;
- 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:
- The
approximate number, class and location of employees likely to be affected by
the change.
- 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.
34.01 General
- 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.
- Notwithstanding
paragraph 34.01(a), there shall be no prorating of a "day" in clause 21.02,
Bereavement Leave.
- 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.
- 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.
- 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.
- Leave will only be provided:
- during those periods in which employees are
scheduled to perform their duties;
or
- where it may displace other leave as
prescribed by this Agreement.
34.02 Designated
Holidays
- 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.
- 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
- "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.
- 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:
- 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;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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
- 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.
- 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.
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.
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.
**
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.
- Bilingualism Bonus Directive
- Commuting Assistance Directive
- First
Aid to the General Public - Allowance for Employees
- Foreign Service Directives
- Isolated Posts and Government Housing
Directive
- NJC
Integrated Relocation Directive
- Public
Service Health Care Plan Directive
- Travel
Directive
- Uniforms
Directive
- Workforce Adjustment Directive
Occupational Health and Safety
- Motor Vehicle Operations Directive
- Occupational Health and Safety Directive
- 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.
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.
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.
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
- Any
level in the grievance procedure shall be waived if a person hearing the
grievance is the subject of the complaint.
- 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.
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.
**
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.
**
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 11th
day of the month of March 2009.
The Treasury
Board of Canada
Hélène Laurendeau
Louise Labrie
Marc Lacroix
Shairoz Moledina
Alain Wood
Jeanne Duhaime
Paul Parker
Dominique Chauvaux
Marc Olivier
Annie Lambert
The
Canadian Association of Professional Employees
Claude Danik
Matthew Ball
Suzanne Dumas
Luc Gervais
Lionel Perrin
Andre Picotte
Claude Poirier
Hélène Paris
Translation Group
Annual Rates of Pay
(in dollars)
Table Legend
- $) Effective April 19, 2006
- A) Effective April 19, 2007
- B) Effective April 19, 2008
- C) Effective April 19, 2009
- D) Effective April 19, 2010
TR-01 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) April 19, 2006 |
45802 |
46992 |
48179 |
49366 |
50553 |
A) April 19, 2007 |
46855 |
48073 |
49287 |
50501 |
51716 |
B) April 19, 2008 |
47558 |
48794 |
50026 |
51259 |
52492 |
C) April 19, 2009 |
48271 |
49526 |
50776 |
52028 |
53279 |
D) April 19, 2010 |
48995 |
50269 |
51538 |
52808 |
54078 |
TR-02 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
$) April 19, 2006 |
50080 |
52333 |
54589 |
56840 |
59098 |
61346 |
63601 |
66150 |
A) April 19, 2007 |
51232 |
53537 |
55845 |
58147 |
60457 |
62757 |
65064 |
67671 |
B) April 19, 2008 |
52000 |
54340 |
56683 |
59019 |
61364 |
63698 |
66040 |
68686 |
C) April 19, 2009 |
52780 |
55155 |
57533 |
59904 |
62284 |
64653 |
67031 |
69716 |
D) April 19, 2010 |
53572 |
55982 |
58396 |
60803 |
63218 |
65623 |
68036 |
70762 |
TR-03 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 6 |
$) April 19, 2006 |
61395 |
64082 |
66764 |
69447 |
72132 |
74821 |
77852 |
A) April 19, 2007 |
62807 |
65556 |
68300 |
71044 |
73791 |
76542 |
79643 |
B) April 19, 2008 |
63749 |
66539 |
69325 |
72110 |
74898 |
77690 |
80838 |
C) April 19, 2009 |
64705 |
67537 |
70365 |
73192 |
76021 |
78855 |
82051 |
D) April 19, 2010 |
65676 |
68550 |
71420 |
74290 |
77161 |
80038 |
83282 |
TR-04 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
$) April 19, 2006 |
67332 |
69905 |
72480 |
75054 |
77628 |
80200 |
83269 |
86233 |
A) April 19, 2007 |
68881 |
71513 |
74147 |
76780 |
79413 |
82045 |
85184 |
88216 |
B) April 19, 2008 |
69914 |
72586 |
75259 |
77932 |
80604 |
83276 |
86462 |
89539 |
C) April 19, 2009 |
70963 |
73675 |
76388 |
79101 |
81813 |
84525 |
87759 |
90882 |
D) April 19, 2010 |
72027 |
74780 |
77534 |
80288 |
83040 |
85793 |
89075 |
92245 |
TR-05 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) April 19, 2006 |
84399 |
86772 |
89148 |
91524 |
93899 |
A) April 19, 2007 |
86340 |
88768 |
91198 |
93629 |
96059 |
B) April 19, 2008 |
87635 |
90100 |
92566 |
95033 |
97500 |
C) April 19, 2009 |
88950 |
91452 |
93954 |
96458 |
98963 |
D) April 19, 2010 |
90284 |
92824 |
95363 |
97905 |
100447 |
Pay Notes
Pay Adjustments
1. Adjustments respecting TR-1s, TR-2s, TR-3s, TR-4s and TR-5s
**
Subject to notes (2) and (3), an employee being paid in the TR-1, TR-2, TR-3, TR-4, or TR-5 scale of rates shall be paid, as of the effective dates of the A, B, C or D scales, at the rate shown immediately below his rate the day before.
Pay Increment for Full Time and Part-Time Employees
2. Employee paid in the TR-2, TR-3, TR-4 or TR-5 scale of rates
The pay increment period for an employee paid in the TR-2, TR-3, TR-4 or TR-5 scale of rates is twelve (12) months. The pay increment shall be to the next rate in the applicable scale, unless the maximum has been reached.
A part-time employee in the TR-2, TR-3, TR-4 or TR-5 scale of rates who on the date of signing of the collective agreement, has been at his actual rate of pay for at least twelve (12) months shall receive one pay increment effective at the date of
signing, unless the maximum has been reached. The next pay increment will be calculated from this date.
3. Employee paid in the TR-1 scale of rates
The pay increment period for an employee paid in the TR-1 scale of rates is six (6) months. The pay increment shall be to the next rate in the pay scale, unless the maximum has been reached.
A part-time employee in the TR-1 scale of rates who on the date of signing of the collective agreement, has been at his actual rate of pay for at least six (6) months shall receive one pay increment effective at the date of signing, unless the maximum
has been reached. The next pay increment will be calculated from this date.
4. First Pay Increment
The pay increment date for an employee, appointed on or after the date of signing of this collective agreement, to a position in the bargaining unit upon promotion, demotion or from outside the Public Service, shall be the anniversary date of such
an appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to the signing date of this collective agreement, remains unchanged.
Pay Supplements
5.
- A supplement of seven per cent (7%) of the employee's pay shall be added to the pay of the employee classified as TR-2 who is in:
- a combined translator-interpreter position where the work requires significant additions to the responsibilities of translators' positions, in the form of simultaneous interpretation functions corresponding to at least twenty-five per cent
(25%) of working time;
or
- a position of translator assigned to parliamentary service to translate the debates of the Senate and of the House of Commons, in the evening or at night, under pressure at all times, and in accordance with production standards which are
qualitatively and quantitatively reasonable as determined by the Employer.
-
- An employee at the TR-2 level who on May 15, 1998, the date of signature of the agreement in principle on renewal of the Translation Group collective agreement which expired on 18 April 1997, was the incumbent of a designated specialist position,
shall be entitled to salary protection equivalent to a seven per cent (7%) supplement calculated on the pay of this present agreement. This salary protection shall also apply to an employee at the TR-2 level who, as of the above-mentioned date, had
made a written request for a review of his case for the purpose of obtaining this supplement, and is subsequently granted it as a result of the review.
- This salary protection shall continue as long as the employee remains in the same bargaining unit.
- The protection granted under (i) above shall continue in effect following a lateral transfer or a reinstatement at the TR-2 level.
- Salary protection shall be definitively withdrawn from an employee referred to in paragraph (i) on a written request by the employee.
- A supplement of four per cent (4%) of the employee's pay shall be added to the pay of the employee classified as TR-3 who is the head of an isolated sub-section.
-
- A supplement of four per cent (4%) of the employee's pay shall be added to the pay of the employee classified as TR-2 or TR-3 who is in a multilingual position or who is assigned to the multilingual service and who translates:
- from two (2) official languages to one (1) aboriginal or foreign language,
or
- from one (1) aboriginal or foreign language to two (2) official languages,
or
- from two (2) aboriginal or foreign languages to one (1) official language,
or
- from one (1) official language to two (2) aboriginal or foreign languages
or
- A supplement of seven per cent (7%) of the employee's pay shall be added to the pay of the employee classified as TR-2 or TR-3 who is in a multilingual position or who is assigned to the multilingual service and who translates from at least
six (6) aboriginal or foreign languages to one (1) official language, or vice-versa.
- For the purpose of interpreting this paragraph, "translates" means translation, revision or quality control.
- A supplement of four per cent (4%) of the employee's pay shall be added to the pay of the employee classified as TR-2 or TR-3 who occupies a terminologist position or is assigned to the terminology service and has oral and written proficiency
in a third (3rd) language which he uses in the performance of his duties in addition to the two (2) official languages.
- A supplement of sixty dollars ($60) shall be added to the pay of an employee who occupies an official languages interpreter position for each day during which, at the Employer's discretion, he performs foreign language interpretation, regardless
of the type or duration of such interpretation. This supplement shall be paid annually after the end of the fiscal year.
- A supplement of seven dollars ($7) for each gross hour of televised interpretation shall be paid to an employee who interprets a debate or conference in the minority language as the sole interpreter assigned, or who interprets a debate or conference
in the majority language as a member of a two-person (2) team. This supplement shall be paid twice (2) each fiscal year. For this purpose, total televised interpretation time shall be calculated to the nearest quarter (1/4) hour.
- A supplement of five dollars and fifty cents ($5.50) for each gross hour of interpretation shall be paid to an employee who interprets the debates of the House of Commons. This supplement shall be paid twice (2) each fiscal year. For this purpose,
total interpretation time shall be calculated daily to the nearest quarter (1/4) hour.
- Article 15 shall apply to an employee who performs the functions of a position described in this clause on a temporary basis.
- A supplement of four per cent (4%) of the employee's pay shall be added to the pay of the employee classified as TR-3 assigned to the parliamentary service and who usually work in the evening or at night, under pressure at all times, or who also
works in the evening or at night and can be assigned to the parliamentary debates service at a moment notice.
- A supplement of seven per cent (7%) of the employee's pay shall be added to the pay of the employee classified as TR-3 who occupies a position in conference interpretation in foreign languages.
- The above-mentioned supplements shall be rounded to the nearest dollar and shall be considered as pay for all purposes.
- An employee who completes his normal work day in accordance with the provisions of paragraph 12.01(b) shall receive an allowance of seven dollars ($7) per hour for each hour worked before 8:00 a.m. and after 6:00 p.m. This allowance shall be rounded
up on a daily basis to the half-hour (1/2) above. It shall not apply to overtime hours.
- An employee who is subject to the special work arrangement for translation and who completes his normal work day under conditions other than the normal conditions for his service shall receive an allowance of seven dollars ($7) per hour for all
normal hours of work covered by the exception provided for in subparagraph 12.05(a)(i).
6.
**
- Supplements 5(a), (b), (c), (d), (e), (i) and (j) are calculated from the A, B, C or D scales in Appendix A.
Memorandum of Understanding
between
the Treasury Board
and
The Canadian Association of Professional Employees
If at any time during the life of the Translation Group Collective Agreement, the House of Commons changes its work schedule, the parties thereto agree to reopen Articles 12, Hours of Work, and 19, Parliamentary Leave and Interpretation Leave, upon
request of either one.
Signed at Ottawa, this 11th day of the month of March 2009.
The Treasury Board of Canada
Louise Labrie
The Canadian Association of Professional Employees
Claude Danik