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This Agreement covers the following classifications:
Code | Classification |
---|---|
203 | Architecture and Town Planning (AR) |
210 | Engineering and Land Survey (EN) |
**Asterisks denote changes from the previous Collective Agreement.
Article 1 Purpose
of Agreement
Article 2 Interpretation and Definitions
Article 3 Official Texts
Article 4 Application
Article 5 Management Rights
Article 6 Rights of Employees
Article 7 Publications and Authorship
**Article 8 Hours of Work
**Article 9 Overtime
**Article 10 Call-Back
Article 11 Standby
Article 12 Designated Paid Holidays
**Article 13 Travelling Time
Article 14 Leave - General
**Article 15 Vacation Leave
**Article 16 Sick Leave
Article 17 Other Leave With or Without Pay
17.01 General
**17.02 Bereavement Leave With Pay
17.03 Maternity Leave without Pay
**17.04 Maternity Allowance
17.05 Special Maternity Allowance for Totally Disabled
Employees
17.06 Parental Leave without Pay
**17.07 Parental Allowance
17.08 Special Parental Allowance for Totally Disabled Employees
**17.09 Leave Without Pay for the Care of Immediate Family
17.10 Leave Without Pay for Personal Needs
17.11 Leave Without Pay for Relocation of Spouse
17.12 Leave With Pay for Family-Related Responsibilities
**17.13 Court Leave With Pay
17.14 Personnel Selection Leave With Pay
17.15 Injury-on-Duty Leave With Pay
17.16 Examination Leave
17.17 Volunteer Leave
17.18 Maternity-related Reassignment or Leave
17.19 Medical Appointment for Pregnant Employees
17.20 Other Leave With Pay
17.21 Other Leave Without Pay
17.22 Religious Observance
Article 18 Career Development
**Article 19 Severance Pay
Article 20 Statement of Duties
**Article 21 Registration Fees
Article 22 Diving Allowance
Article 23 Immunization
Article 24 Technological Change
Article 25 Safety and Health
Article 26 Recognition
Article 27 Union Dues
Article 28 Use of Employer Facilities
Article 29 Information
Article 30 Stewards
**Article 31 Leave for Labour Relations Matters
Article 32 Contracting Out
Article 33 Illegal Strikes
Article 34 Interpretation of Agreement
**Article 35 Grievance Procedure
**Article 36 National Joint Council Agreements
Article 37 Joint Consultation
Article 38 Standards of Discipline
Article 39
Labour Disputes
Article 40 Part-Time Employees
Article 41 Employee Performance Review and Employee Files
Article 42 Employment References
Article 43 Sexual Harassment
Article 44 No Discrimination
**Article 45 Penological Factor Allowance
Article 46 Pay
Article 47 Agreement Re-Opener
Article 48 Duration
AR - Architecture and Town Planning Group
Annual Rates of Pay
EN - Engineering and Land Survey Group
Annual Rates of Pay
Memorandum of Agreement Between The Treasury Board and The Professional Institute of the Public Service of Canada - Hours of Work
Memorandum of Agreement - Sea Trials
Memorandum of Understanding Between the Treasury Board (Hereinafter Called the Employer) and the Professional Institute of the Public Service of Canada (Hereinafter Called the Institute) in Respect of the Architecture, Engineering and Land Survey (NR) Unit – Allowance for the Architecture and Town Planning Group
Memorandum of Understanding Between the Treasury Board (Hereinafter Called the Employer) and the Professional Institute of the Public Service of Canada (Hereinafter Called the Institute) in Respect of the Architecture, Engineering and Land Survey (NR) Unit – Allowance for the Engineering and Land Survey Group
Memorandum of Understanding Red Circling
Workforce Adjustment
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Institute, 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:
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,
3.01 Both the English and French texts of this Agreement shall be official.
4.01 The provisions of this Agreement apply to the Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.
5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.
For the purpose of this article: "Publication" shall include, for example, scientific and professional papers, articles, manuscripts, monographs, audio and visual products, and computer software.
7.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.
7.02 The Employer agrees that publications prepared by an employee, within the scope of the employee's employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for publication. At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.
7.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.
7.04
Clauses 8.01 through 8.06 shall not apply to employees on shift work. Clauses 8.07 through 8.21 shall apply only to employees on shift work.
8.01 For the purpose of this article, a week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.
8.02 The scheduled work week shall be thirty-seven decimal five (37.5) hours and the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
8.03 Upon request of an employee and the concurrence of the Employer, an employee may work flexible hours on a daily basis so long as the daily hours amount to seven decimal five (7.5).
8.04 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.
8.05 Employees will submit monthly attendance registers; only those hours of overtime and absences need be specified.
8.06 Upon request of an employee and the concurrence of the Employer, an employee may complete required hours of work in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.
Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.
8.07 "Shift schedule" means the arrangement of shifts over a given period of time not exceeding two (2) consecutive months and, where practical, for a minimum period of twenty-eight (28) consecutive days.
8.08 For employees engaged in shift work, the hours of work shall average thirty-seven decimal five (37.5) hours per week over the period of a shift schedule exclusive of meal periods.
**
8.09 An employee shall be granted at least two (2) consecutive and continuous days of rest during each seven (7) calendar day period unless operational requirements do not permit.
8.10 In computing the hours of work within a shift schedule, leave and other entitlements will be administered in accordance with the Memorandum of Agreement, Appendix B.
8.11 For the purpose of this Agreement, when an employee's shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked:
8.12 In the scheduling of shift work the Employer shall arrange shifts so that:
8.13 Every reasonable effort shall be made by the Employer to consider the wishes of the employees concerned in the arrangement of shifts within a shift schedule. Therefore:
8.14
8.15 Provided it will not result in additional costs to the Employer, employees at the same office may exchange shifts with the prior permission of the Employer. Such permission shall not be unreasonably withheld. Once the exchange has been approved, the work schedule will become the official shift schedule of the office.
8.16
8.17 A meal period shall be scheduled as close to the mid-point of the shift as possible. In the event that an employee is required by the Employer to work through the meal period, such employee will be paid for the meal period, at the applicable rate.
8.18 Employees will submit monthly attendance records; only absences and hours of overtime need be specified.
8.19 An employee working a regularly scheduled shift will receive a shift premium of two dollars ($2) per hour for each hour worked, including overtime hours, between 1600 and 0800.
8.20 Employees shall receive an additional weekend premium of two dollars ($2) for all scheduled hours worked at straight-time hourly rates on Saturday and/or Sunday.
9.01 When an employee is required by the Employer to work overtime, the employee shall be compensated as follows:
9.02 When an employee is required to work on a designated holiday, compensation shall be granted on the basis of time and one-half (1 1/2) for each hour worked, in addition to the compensation that the employee would have been granted had the employee not worked on the designated holiday.
The compensation that the employee would have been granted had the employee not worked on a designated paid holiday is seven decimal five (7.5) hours remunerated at straight-time.
9.03 When an employee works on a holiday, contiguous to a second day of rest on which the employee also worked and received overtime in accordance with paragraph 9.01(c), the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times the employee's hourly rate of pay for all time worked.
9.04 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.
9.05 Except in cases of emergency, call-back, stand-by or mutual agreement the Employer shall whenever possible give at least twelve (12) hours' notice of any requirement for the performance of overtime.
**
9.06 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee's hourly rate of pay on December 31.
9.07 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period after December 31 of the next following fiscal year.
9.08
**
9.09 When, in a situation involving overtime, an employee is required to report to work before public transportation services have commenced, or to remain at work or to return to work after normal transportation services have been suspended, the use of a taxi or the payment of a mileage rate, as appropriate, shall be authorized from the employee's residence to the workplace and/or return if necessary.
10.01 If an employee is called back to work:
provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
**
10.02 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee's hourly rate of pay on December 31.
10.03 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period after December 31 of the next following fiscal year.
10.04 Payments provided under Overtime, Reporting Pay and Standby provisions of this Agreement shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.
11.01 When the Employer requires an employee to be available on standby during off-duty hours the employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which the employee has been designated as being on standby duty.
11.02 An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with Article 10, Call-Back.
11.03
11.04 No standby duty payment shall be granted if an employee is unable to report for duty when required.
11.05 A standby duty roster and schedule may be established at locations when, in the opinion of the Employer, it is warranted by operating conditions.
11.06 At the Employer's discretion, compensation for standby may be given by granting equivalent time off in lieu of a cash payment. If such time off cannot be granted within the quarter in which it is earned then cash payment will be made.
12.01 Subject to clause 12.02, the following days shall be designated paid holidays for employees:
12.02 An employee absent without pay on both the employee's full working day immediately preceding and the employee's full working day immediately following a designated paid holiday, is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 31, Leave for Labour Relations Matters.
12.03 When a day designated as a paid holiday under clause 12.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following the employee's day of rest.
12.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause 12.03:
12.05 Compensation for work on a paid holiday will be in accordance with Article 9.
12.06 Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or is moved as a result of the application of clause 12.03, the designated paid holiday shall not count as a day of leave.
13.01 When the Employer requires an employee to travel outside the employee's headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:
**
13.02 For the purpose of clause 13.01, the travelling time for which an employee shall be compensated is as follows:
13.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.
**
13.04 Upon application by the employee and at the discretion of the Employer, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee's hourly rate of pay on December 31.
13.05 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first pay period after December 31 of the next following fiscal year.
13.06 This article does not apply to an employee required to perform work in any type of transport in which the employee is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance with the appropriate article of this Agreement, Hours of Work, Overtime, Designated Paid Holidays.
13.07 Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.
13.08 Compensation under this article shall not be paid for travel time to courses, training sessions, conferences and seminars unless so provided for in the Career Development article.
13.09 Travel Status Leave
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars, unless the employee is required to attend by the Employer.
14.01 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death or lay-off, the employee is considered to have earned the amount of leave with pay granted.
14.02 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of the employee's vacation or sick leave with pay credits.
14.03 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 the employee becomes subject to this Agreement, shall be retained by the employee.
14.04 An employee shall not be granted two (2) different types of leave with pay in respect of the same period of time.
14.05 An employee is not entitled to leave with pay during periods the employee is on leave without pay, on educational leave or under suspension.
14.06 Except as otherwise specified in this Agreement, where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.
14.07 Leave credits will be earned on a basis of a day being equal to seven decimal five (7.5) hours.
14.08 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for Bereavement Leave With Pay where a day is a calendar day.
14.09
15.01 The vacation year shall be from April 1st to March 31st, inclusive.
15.02 An employee shall earn vacation leave credits for each calendar month during which the employee receives pay for at least seventy-five (75) hours at the following rate:
15.03 For the purpose of clause 15.02 only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the public service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the public service within one (1) year following the date of lay-off.
15.04 An employee is entitled to vacation leave with pay to the extent of earned credits but an employee who has completed six (6) months of continuous employment is entitled to receive an advance of credits equivalent to the anticipated credits for the vacation year.
15.05 In order to maintain operational requirements, the Employer reserves the right to schedule an employee's vacation leave but shall make every reasonable effort:
15.06 Where, in respect of any period of vacation leave, an employee:
the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee and approved by the Employer or reinstated for use at a later date.
**
15.07
15.08 Where, during any period of vacation leave, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, incurred:
15.09 The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under clause 15.08 to be reimbursed for reasonable expenses incurred by the employee.
15.10 When the Employer cancels or alters a period of vacation 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.
**
15.11 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave with pay by the hourly rate of pay as calculated for the classification of the employee's substantive position on the date of the termination of employment.
15.12 Where the employee requests, the Employer shall grant the employee unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of continuous employment in the case of resignation.
15.13 Notwithstanding clause 15.11, an employee whose employment is terminated by reason of a declaration that the employee abandoned the employee's position is entitled to receive the payment referred to in clause 15.11 if the employee requests it within six (6) months following the date upon which the employee's employment is terminated.
**
15.14 In the event of the termination of employment for reasons other than death, incapacity or lay-off the Employer shall recover from any monies owed the employee, an amount equivalent to unearned vacation leave taken by the employee, calculated on the basis of the rate of pay applicable to the classification of the employee's substantive position on the date of termination.
15.15 Appointment to a Separate Agency
Notwithstanding clause 15.11, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.
15.16 Appointment from a Separate Agency
The Employer agrees to accept the unused vacation leave credits up to a maximum of two-hundred and sixty-two decimal five (262.5) hours of an employee who resigns from an organization listed in Schedule V of the Financial Administration Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.
15.17
16.01
16.02 An employee shall be granted sick leave with pay when the employee is unable to perform the employee's duties because of illness or injury provided that:
16.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury the employee was unable to perform the employee's duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 16.02(a).
16.04 An employee shall not be granted sick leave with pay during any period in which the employee is on leave of absence without pay, or under suspension.
16.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.
**
16.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 16.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred eighty seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for other than death or lay-off, the recovery of the advance from any monies owed the employee.
16.07 Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of lay-off and who is reappointed in the public service within two (2) years from the date of lay-off.
16.08 An employee shall not be terminated for cause for reason of incapacity pursuant to section 12(1)(e) of the Financial Administration Act at a date earlier than the date at which the employee will have used his accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which injury-on-duty leave has been granted pursuant to clause 17.16.
In respect to applications for leave made pursuant to this article, the employee may be required to provide satisfactory validation of the circumstances necessitating such requests.
17.02 Bereavement Leave With Pay
For the purpose of this clause, immediate family is defined as 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, father-in-law, mother-in-law, grandchild, grandparent and relative permanently residing in the employee's household or with whom the employee permanently resides.
17.03 Maternity Leave without Pay
**
17.05 Special Maternity Allowance for Totally Disabled Employees
17.06 Parental Leave without Pay
**
**
17.08 Special Parental Allowance for Totally Disabled Employees
**
17.09 Leave Without Pay for the Care of Immediate Family
Subject to operational requirements, an employee shall be granted leave without pay for the care of immediate family in accordance with the following conditions:
17.10 Leave Without Pay for Personal Needs
Leave without pay will be granted for personal needs, in the following manner:
17.11 Leave Without Pay for Relocation of Spouse
17.12 Leave With Pay for Family-Related Responsibilities
Leave with pay shall be given to every employee, other than an employee already on leave without pay, on education leave, or under suspension who is required:
17.14 Personnel Selection Leave With Pay
Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as defined in Schedule I and IV of the Financial Administration 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 the employee's presence is so required. This clause applies equally in respect of the personnel selection processes related to deployment.
17.15 Injury-on-Duty Leave With Pay
An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where it is determined by a Provincial Worker's Compensation Board that the employee is unable to perform the employee's duties because of:
if the employee agrees to pay to the Receiver General of Canada any amount received for loss of wages in settlement of any claim the employee may have in respect of such injury, sickness or exposure.
Leave with pay to take examinations or defend dissertations may be granted by the Employer to an employee who is not on education leave. 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 the employee's qualifications.
17.18 Maternity-related Reassignment or Leave
17.19 Medical Appointment for Pregnant Employees
At its discretion, the Employer may grant leave without pay for purposes other than those specified in this Agreement, including enrolment in the Canadian Armed Forces and election to a full-time municipal office.
18.01 The parties recognize that in order to maintain and enhance professional expertise, employees, from time to time, need to have an opportunity to attend or participate in career development activities described in this article.
18.02
the employee shall repay the Employer all allowances paid under this clause during the education leave or such lesser sum as shall be determined by the Employer.
18.03
18.04
18.05
18.06
18.07
19.01 Under the following circumstances and subject to clause 19.02 an employee shall receive severance benefits calculated on the basis of the employee's weekly rate of pay:
19.02 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 was already granted severance pay, retiring leave or a cash gratuity in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under clause 19.01 be pyramided.
19.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification of the employee's substantive position on the date of the termination of employment.
19.04 Appointment to a Separate Agency
**
Notwithstanding paragraph 19.01(b), an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid severance pay provided that the appointing organization will accept the employee's Schedules I and IV of the Financial Administration Act service for its severance pay entitlement.
20.01 Upon written request, an employee shall be entitled to a complete and current statement of the duties and responsibilities of the employee's position, including the position's classification level, the position rating form and an organization chart depicting the position's place in the organization.
20.02 If during the terms 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 Institute the rates of pay and the rules affecting the pay of employees on their movement to the new levels.
21.01 The Employer shall reimburse an employee for payment of membership or registration fees to an organization or governing body where membership is a requirement for the continuation of the performance of the duties of the employee's position.
**
21.02 When the payment of such fees is not a requirement for the continuation of the performance of the duties of an employee's position, but eligibility for membership in an organization or governing body is a qualification specified in the Occupational Group Qualification Standards for the NR Group, the Employer shall reimburse the employee, upon receipt of proof of payment, for the employee's annual membership fees paid to one organization or governing body. Reimbursement covered by this article does not include arrears of previous years' dues.
22.01 Employees whose job duties require them to dive (as that word is hereinafter defined) shall be paid an extra allowance of fifteen dollars ($15) per hour. The minimum allowance shall be two (2) hours per dive.
22.02 A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of a self-contained air supply.
23.01 The Employer shall provide the employee with immunization against communicable diseases where there is a risk of incurring such diseases in the performance of the employee's duties.
24.01 The parties have agreed that in cases where, as a result of technological change, the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the Workforce Adjustment Agreement concluded by the parties will apply. In all other cases, the following clauses will apply:
24.02 In this article "Technological Change" means:
24.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
24.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days written notice to the Institute of the introduction or implementation of technological change.
24.05 The written notice provided for in clause 24.04 will provide the following information:
24.06 As soon as reasonably practicable after notice is given under clause 24.04, the Employer shall consult with the Institute concerning the effects of the technological change referred to in clause 24.04 on each group of employees. Such consultation will include but not necessarily be limited to the following:
24.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of the employee's substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours and at no cost to the employee.
25.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Institute 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 or occupational illness.
26.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Labour Relations Board on August 26, 2005 covering all employees in the Architecture, Engineering and Land Survey Group as defined in Part I of the Canada Gazette of August 13, 2005.
26.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a collective agreement and the Employer and the Institute agree to bargain in good faith, in accordance with the provisions of the Public Service Labour Relations Act.
27.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership dues from the monthly pay of all employees in the bargaining unit.
27.02 The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 27.01.
27.03 For the purpose of applying clause 27.01, deductions from pay for each employee in respect of each month will start with the first full month of employment to the extent that earnings are available.
27.04 An employee who satisfies the Employer to the extent that he declares in an affidavit that he is a member of a religious organisation whose doctrine prevents him as a matter of conscience from making financial contributions to an employee organisation and that he will make contributions to a charitable organisation registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organisation involved.
27.05 No employee organization, as defined in section 2 of the Public Service Labour Relations Act, other than the Institute, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.
27.06 The amounts deducted in accordance with clause 27.01 shall be remitted to the Institute by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf.
27.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.
27.08 The Institute 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 which case the liability shall be limited to the amount of the error.
27.09 When it is mutually acknowledged that an error has been committed, the Employer shall endeavour to correct such error within the two (2) pay periods following the acknowledgement of error.
27.10 Where an employee does not have sufficient earnings in respect of any month to permit deductions under this article the Employer shall not be obligated to make such deductions for that month from subsequent salary.
28.01 An accredited representative of the Institute may be permitted access to the Employer's premises on stated Institute business and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer.
28.02 Reasonable space on bulletin boards (including electronic bulletin boards, where available) will be made available to the Bargaining Agent for the posting of official notices, in convenient locations determined by the Employer and the Institute. Notices or other materials shall require the prior approval of the Employer, except notices relating to the business affairs of the Institute and social and recreational events. The Employer shall have the right to refuse the posting of any information which it considers adverse to its interests or to the interests of any of its representatives.
28.03 The Employer will continue its practice of making available to the Institute a specific location on its premises for the storage and placement of a reasonable quantity of Institute files and literature.
29.01 The Employer agrees to supply the Institute on a quarterly basis with a list of all employees in the bargaining unit. The list referred to herein shall include the name, employing department, geographical location, classification of the employee and shall be provided within one month following the termination of each quarter. As soon as practicable, the Employer agrees to add to the above list the date of appointment for new employees.
29.02 The Employer agrees to supply each employee with a copy of the collective agreement and any amendments thereto.
29.03 Upon the written request of an employee, the Employer shall make available at a mutually satisfactory time National Joint Council Agreements listed in clause 36.03 which have a direct bearing on the requesting employee's terms and conditions of employment.
29.04 The Employer agrees to distribute to each new employee an information package prepared and supplied by the Institute. Such information package shall require the prior approval of the Employer. The Employer shall have the right to refuse to distribute any information that it considers adverse to its interests or to the interests of any of its representatives.
30.01 The Employer acknowledges the right of the Institute to appoint Stewards from amongst the members of bargaining units for which the Institute is the certified bargaining agent.
30.02 The Employer and the Institute shall, by mutual agreement, determine the area of jurisdiction of each Steward, having regard to the plan of organization and the distribution of employees.
30.03 The Institute shall inform the Employer promptly and in writing of the names of its Stewards, their jurisdiction, and of any subsequent changes.
30.04 Operational requirements permitting, the Employer shall grant leave with pay to an employee to enable the employee to carry out functions as a Steward on the Employer's premises. When the discharge of these functions require an employee who is a Steward to leave the employee's normal place of work, the employee shall, on returning, report to the supervisor whenever practicable.
30.05 The Institute shall have the opportunity to have an employee representative introduced to new employees as part of the Employer's formal orientation programs, where they exist.
**
31.01 Public Service Labour Relations Board Hearings
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:
31.02 Applications for Certification, Representations and Interventions With Respect to Applications for Certification
Where operational requirements permit, the Employer will grant leave without pay:
31.03 Employee Called as a Witness
The Employer will grant leave with pay:
31.04 Arbitration Board, Public Interest Commission and Alternative Dispute Resolution Process
Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board, Public Interest Commission or an Alternative Dispute Resolution Process.
31.05 Employee Called as a Witness
The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Public Interest Commission or an Alternative Dispute Resolution Process and, where operational requirements permit, leave with pay to an employee called as a witness by the Institute.
31.06 Adjudication
Where operational requirements permit, the Employer will grant leave with pay to an employee who is:
31.07 Meetings During the Grievance Process
Where operational requirements permit, the Employer will grant to an employee:
31.08 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 such employee and leave without pay when the meeting is held outside the headquarters area of such employee.
31.09 Grievance Investigations
Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute 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 such employee and leave without pay when it takes place outside the headquarters area of such employee.
31.10 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 Institute.
31.11 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.
31.12 Meetings Between the Institute and Management
Where operational requirements permit, the Employer will grant leave with pay to an employee to attend meetings with management on behalf of the Institute.
31.13 Institute Meetings and Conventions
Where operational requirements permit, the Employer will grant leave without pay to an employee to attend meetings and conventions provided in the Constitution and By-laws of the Institute.
31.14 Stewards Training Courses
32.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of employees who would otherwise become redundant because work is contracted out.
33.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including discharge, for participation in an illegal strike as defined in the Public Service Labour Relations Act.
34.01 The parties agree that, in the event of a dispute arising out of the interpretation of a clause or article in this Agreement, it is desirable that the parties should meet within a reasonable time and seek to resolve the problem. This article does not prevent an employee from using the grievance procedure provided in this Agreement.
35.01 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.
35.02 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:
35.03 Group Grievances
Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Institute 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.
35.04 Policy Grievances
Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Institute or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or an arbitral award.
A policy grievance may be presented by the Institute only at the final step of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Institute 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 Institute. The Institute shall inform the Employer of the name, title and address of this representative.
35.05
35.06 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:
35.07 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.
35.08 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 35.06, except that:
35.09 There shall be three (3) steps in the grievance procedure. These levels shall be as follows:
35.10 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 Institute.
35.11 An employee who so desires, may be assisted and/or represented by the Institute when presenting a grievance at any step. The Institute shall have the right to consult with the Employer with respect to a grievance at each or any step of the grievance procedure.
35.12 A grievor may present a grievance to the first step of the procedure in the manner prescribed in clause 35.06, 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 35.04 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.
35.13 A grievor may present a grievance at each succeeding step in the grievance procedure beyond the first step either:
35.14 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 Institute shall normally reply to a policy grievance presented by the Employer within thirty (30) days.
35.15 Where an employee has been represented by the Institute in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Institute 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.
35.16 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.
35.17 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.
35.18 Where the provisions of clause 35.06 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.
35.19 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Institute representative, except as provided in clause 35.21.
35.20 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 Institute.
35.21 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:
35.22 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.
35.23 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.
35.24 Where a grievance has been presented up to and including the final step in the grievance procedure with respect to:
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.
35.25 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 Institute signifies in prescribed manner:
35.26 Expedited Adjudication
The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:
The Professional Institute of the Public Service of Canada 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.
36.01 Agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement, and which the parties to this Agreement have endorsed after December 6, 1978, will form part of this Collective 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.
36.02 The NJC items which may be included in a collective agreement are those items which parties to the NJC Agreements have designated as such or upon which the Chairperson of the Public Service Labour Relations Board has made a ruling pursuant to paragraph (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
36.03 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, form part of this Collective Agreement:
**
During the term of this Collective Agreement, other directives, policies or regulations may be added to the above-noted list.
36.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 35.01 of the article on grievance procedure in this Collective Agreement.
37.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.
37.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding career development. Consultation may be at the local, regional or national level as determined by the parties.
37.03 Wherever possible, the Employer shall consult with representatives of the Institute at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.
37.04 The Consultation Committees shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.
37.05 Employees forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.
37.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this Collective Agreement.
38.01 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.
38.02 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to have a representative of the Institute attend the meeting when the representative is readily available. Where practicable, the employee shall receive in writing a minimum of two (2) working days notice of such meeting as well as its purpose.
38.03 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document concerning the conduct or performance of an employee the existence of which the employee was not aware at the time of filing or within a reasonable time thereafter.
38.04 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.
39.01 If employees whose normal duties are performed on the premises of other employers are prevented from performing their duties because of a strike or lock-out on the other employer's premises, the employees shall report the matter to the Employer and the Employer will make every reasonable effort to ensure that, so long as work is available, the employees affected are not denied regular pay and benefits to which they would normally be entitled.
40.01 Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the Public Service Labour Relations Act.
40.02 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 in this Agreement.
40.03 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven decimal five (7.5) hours in a day or thirty-seven decimal five (37.5) hours in a week unless the employee is working other daily or weekly hours of work as prescribed pursuant to Article 8, Hours of Work, or group specific articles relating to Hours of Work.
40.04 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 decimal five (37.5) hours in a week at the hourly rate of pay.
40.05 Leave will only be provided:
40.06 A part-time employee shall not be paid for the designated holidays but shall instead be paid a premium of four point two five (4.25) per cent for all straight-time hours worked during the period of part-time employment.
40.07 Subject to Article 9, Overtime, when a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 12.01 of this Agreement, the employee shall be paid time and one-half (1 1/2) the hourly rate of pay for all hours worked on the holiday up to the regular daily scheduled hours of work and double (2) time thereafter.
40.08 "Overtime" means work required by the Employer, to be performed by the employee, in excess of those hours prescribed in clause 40.03 but does not include time worked on a holiday.
40.09 Subject to clauses 40.04 and 40.08, when a part-time employee is required by the Employer to work overtime he shall be compensated as follows:
40.10 A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal work week, at the rate for years of employment established in clause 15.02, prorated and calculated as follows:
40.11 A part-time employee shall earn sick leave credits at the rate of zero decimal two five (0.25) 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.
40.12
40.13 Notwithstanding the provisions of Article 19, Severance Pay, where the period of continuous employment in respect of which a severance benefit is to be paid consists of both full-and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.
40.14 The weekly rate of pay referred to in clause 40.13 shall be the weekly rate of pay to which the employee is entitled for the classification prescribed for the employee's substantive position on the date of termination of employment.
41.01 For the purpose of this article:
41.02
41.03 When an employee disagrees with the assessment and/or appraisal, the employee shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal decision.
41.04 Upon written request of an employee, the personnel file of that employee shall be made available once per year for examination by the employee in the presence of an authorized representative of the Employer.
41.05 When a report pertaining to an employee's performance or conduct is placed on that employee's personnel file, the employee concerned shall be given an opportunity to
42.01 On application by an employee, the Employer shall provide personal references to the prospective employer of such employee indicating length of service, principal duties and responsibilities and performance of such duties. Personal references requested by a prospective employer outside the public service will not be provided without the written consent of the employee.
43.01 The Institute 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.
43.02
44.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, disability, family status, marital status, conviction for which a pardon has been granted or membership or activity in the Institute.
A Penological Factor Allowance (PFA) shall be payable to incumbents in some positions in the bargaining units which are in the Correctional Service Canada, subject to the following conditions.
45.01 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group.
45.02 The payment of the allowance for the Penological Factor is determined by the designated security level of the penitentiary as determined by the Correctional Service of Canada. For those institutions with more than one (1) designated security level (i.e. multi-level institutions), the PFA shall be determined by the highest security level of the institution.
45.03 Amount of PFA
Maximum | Medium | Minimum |
---|---|---|
$2,000 |
$1,000 |
$600 |
45.04 Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 45.01 above are applicable.
45.05 The applicability of PFA to a position and the position's level of PFA entitlement, shall be determined by the Employer following consultation with the bargaining agent.
**
45.06 Except as prescribed in clause 45.09 below, an employee shall be entitled to receive PFA for any month in which the employee receives a minimum of seventy-five (75) hours pay in a position(s) to which PFA applies.
**
45.07 Except as provided in clause 45.08 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different degree of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one position to which PFA applies, the employee shall receive the higher allowance, provided the employee has performed duties for at least seventy-five (75) hours as the incumbent of the position to which the higher allowance applies.
45.08 When the incumbent of a position to which PFA applies, is temporarily assigned to a position to which a different level of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to which the employee is temporarily assigned, plus PFA, if applicable, would be less than the employee's basic monthly pay entitlement plus PFA in the employee's regular position, the employee shall receive the PFA applicable to the employee's regular position.
45.09 An employee will be entitled to receive PFA, in accordance with the PFA applicable to the employee's regular position:
45.10 PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:
45.11 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.
46.01 Except as provided in clauses 46.01 to 46.07 inclusive, and the Notes to Appendix A of this Agreement, the terms and conditions governing the application of pay to employees are not affected by this Agreement.
46.02 An employee is entitled to be paid for services rendered at:
46.03 The rates of pay set forth in Appendix A shall become effective on the date specified therein.
46.04 Only rates of pay and compensation for overtime which has been paid to an employee during the retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the employee.
46.05 When two or more of the following actions occur on the same date, namely appointment, pay increment, pay revision, the employee's rate of pay shall be calculated in the following sequence:
46.06
46.07 This article is subject to the Memorandum of Understanding signed by the Employer and the Professional Institute of the Public Service of Canada dated July 21, 1982 in respect of red-circled employees.
46.08 When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the required number of consecutive working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to that higher classification level for the period in which the employee acts.
When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.
47.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one calendar month after receipt of such notice.
**
48.01 The duration of this Collective Agreement shall be from the date it is signed to September 30, 2011.
48.02 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date it is signed.
**
48.03 The provisions of this Collective Agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date it is signed.
Signed at Ottawa, this 10th day of the month of July 2009.
Hélène Laurendeau
Josée Lefebvre
John Park
Denis De Gagné
Marc Dupuis
Geneviève Durocher
Martin J. Eley
André Fillion
Jack Vandenberg
Gary Corbett
Alain Arseneault, C.LS
Randy Dhar, FRAIC
Hector Ewing, PEng
Tim Kirkby, PEng
Pierre Richard, PEng
David Young. PEng
Joseph Podrebarac, PEng, PMP
Lionel Dionne
Michel Gingras
Effective Date | Step 1 | to | Step 2 |
---|---|---|---|
$) October 1, 2006 | 28265 | to | 44667 |
A) October 1, 2007 | 28915 | to | 45694 |
B) October 1, 2008 | 29349 | to | 46379 |
C) October 1, 2009 | 29789 | to | 47075 |
D) October 1, 2010 | 30236 | to | 47781 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 46357 | 48493 | 50626 | 52751 | 54883 | 57017 |
A) October 1, 2007 | 47423 | 49608 | 51790 | 53964 | 56145 | 58328 |
B) October 1, 2008 | 48134 | 50352 | 52567 | 54773 | 56987 | 59203 |
C) October 1, 2009 | 48856 | 51107 | 53356 | 55595 | 57842 | 60091 |
D) October 1, 2010 | 49589 | 51874 | 54156 | 56429 | 58710 | 60992 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 56678 | 59073 | 61457 | 63839 | 65755 | 67666 |
A) October 1, 2007 | 57982 | 60432 | 62871 | 65307 | 67267 | 69222 |
B) October 1, 2008 | 58852 | 61338 | 63814 | 66287 | 68276 | 70260 |
C) October 1, 2009 | 59735 | 62258 | 64771 | 67281 | 69300 | 71314 |
D) October 1, 2010 | 60631 | 63192 | 65743 | 68290 | 70340 | 72384 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 63876 | 66477 | 69080 | 71677 | 73827 | 75974 |
A) October 1, 2007 | 65345 | 68006 | 70669 | 73326 | 75525 | 77721 |
B) October 1, 2008 | 66325 | 69026 | 71729 | 74426 | 76658 | 78887 |
C) October 1, 2009 | 67320 | 70061 | 72805 | 75542 | 77808 | 80070 |
D) October 1, 2010 | 68330 | 71112 | 73897 | 76675 | 78975 | 81271 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 71674 | 74616 | 77559 | 80500 | 82914 | 85328 |
A) October 1, 2007 | 73323 | 76332 | 79343 | 82352 | 84821 | 87291 |
B) October 1, 2008 | 74423 | 77477 | 80533 | 83587 | 86093 | 88600 |
C) October 1, 2009 | 75539 | 78639 | 81741 | 84841 | 87384 | 89929 |
D) October 1, 2010 | 76672 | 79819 | 82967 | 86114 | 88695 | 91278 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 80091 | 83139 | 86191 | 89246 | 91922 | 94598 |
A) October 1, 2007 | 81933 | 85051 | 88173 | 91299 | 94036 | 96774 |
B) October 1, 2008 | 83162 | 86327 | 89496 | 92668 | 95447 | 98226 |
C) October 1, 2009 | 84409 | 87622 | 90838 | 94058 | 96879 | 99699 |
D) October 1, 2010 | 85675 | 88936 | 92201 | 95469 | 98332 | 101194 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 85948 | 89248 | 92568 | 95884 | 101401 | 106919 |
A) October 1, 2007 | 87925 | 91301 | 94697 | 98089 | 103733 | 109378 |
B) October 1, 2008 | 89244 | 92671 | 96117 | 99560 | 105289 | 111019 |
C) October 1, 2009 | 90583 | 94061 | 97559 | 101053 | 106868 | 112684 |
D) October 1, 2010 | 91942 | 95472 | 99022 | 102569 | 108471 | 114374 |
**
Effective Date | Step 1 | to | Step 2 | |
---|---|---|---|---|
$) October 1, 2006 | 38091 | to | 45623 | * |
A) October 1, 2007 | 38967 | to | 46672 | * |
B) October 1, 2008 | 39552 | to | 47372 | * |
C) October 1, 2009 | 40145 | to | 48083 | * |
D) October 1, 2010 | 40747 | to | 48804 | * |
*(with intermediate steps of $60)
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 |
---|---|---|---|---|---|
$) October 1, 2006 | 49011 | 51125 | 53087 | 55051 | 57017 |
A) October 1, 2007 | 50138 | 52301 | 54308 | 56317 | 58328 |
B) October 1, 2008 | 50890 | 53086 | 55123 | 57162 | 59203 |
C) October 1, 2009 | 51653 | 53882 | 55950 | 58019 | 60091 |
D) October 1, 2010 | 52428 | 54690 | 56789 | 58889 | 60992 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | Step 7 |
---|---|---|---|---|---|---|---|
$) October 1, 2006 | 59227 | 61692 | 64149 | 66602 | 69060 | 71516 | 73972 |
A) October 1, 2007 | 60589 | 63111 | 65624 | 68134 | 70648 | 73161 | 75673 |
B) October 1, 2008 | 61498 | 64058 | 66608 | 69156 | 71708 | 74258 | 76808 |
C) October 1, 2009 | 62420 | 65019 | 67607 | 70193 | 72784 | 75372 | 77960 |
D) October 1, 2010 | 63356 | 65994 | 68621 | 71246 | 73876 | 76503 | 79129 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 69438 | 72104 | 74774 | 77444 | 80111 | 82780 |
A) October 1, 2007 | 71035 | 73762 | 76494 | 79225 | 81954 | 84684 |
B) October 1, 2008 | 72101 | 74868 | 77641 | 80413 | 83183 | 85954 |
C) October 1, 2009 | 73183 | 75991 | 78806 | 81619 | 84431 | 87243 |
D) October 1, 2010 | 74281 | 77131 | 79988 | 82843 | 85697 | 88552 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 79686 | 82785 | 85899 | 89012 | 92133 | 95251 |
A) October 1, 2007 | 81519 | 84689 | 87875 | 91059 | 94252 | 97442 |
B) October 1, 2008 | 82742 | 85959 | 89193 | 92425 | 95666 | 98904 |
C) October 1, 2009 | 83983 | 87248 | 90531 | 93811 | 97101 | 100388 |
D) October 1, 2010 | 85243 | 88557 | 91889 | 95218 | 98558 | 101894 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 89038 | 92341 | 95655 | 98963 | 102269 | 105576 |
A) October 1, 2007 | 91086 | 94465 | 97855 | 101239 | 104621 | 108004 |
B) October 1, 2008 | 92452 | 95882 | 99323 | 102758 | 106190 | 109624 |
C) October 1, 2009 | 93839 | 97320 | 100813 | 104299 | 107783 | 111268 |
D) October 1, 2010 | 95247 | 98780 | 102325 | 105863 | 109400 | 112937 |
Effective Date | Step 1 | to | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | Step 7 | |
---|---|---|---|---|---|---|---|---|---|
$) October 1, 2006 | 38091 | to | 45283 | * | 48143 | 50180 | 52228 | 54409 | 56589 |
A) October 1, 2007 | 38967 | to | 46325 | * | 49250 | 51334 | 53429 | 55660 | 57891 |
B) October 1, 2008 | 39552 | to | 47020 | * | 49989 | 52104 | 54230 | 56495 | 58759 |
C) October 1, 2009 | 40145 | to | 47725 | * | 50739 | 52886 | 55043 | 57342 | 59640 |
D) October 1, 2010 | 40747 | to | 48441 | * | 51500 | 53679 | 55869 | 58202 | 60535 |
*(with intermediate steps of $60)
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | Step 7 |
---|---|---|---|---|---|---|---|
$) October 1, 2006 | 59227 | 61692 | 64149 | 66602 | 69060 | 71516 | 73972 |
A) October 1, 2007 | 60589 | 63111 | 65624 | 68134 | 70648 | 73161 | 75673 |
B) October 1, 2008 | 61498 | 64058 | 66608 | 69156 | 71708 | 74258 | 76808 |
C) October 1, 2009 | 62420 | 65019 | 67607 | 70193 | 72784 | 75372 | 77960 |
D) October 1, 2010 | 63356 | 65994 | 68621 | 71246 | 73876 | 76503 | 79129 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 66154 | 68147 | 70140 | 72133 | 74131 | 76128 |
A) October 1, 2007 | 67676 | 69714 | 71753 | 73792 | 75836 | 77879 |
B) October 1, 2008 | 68691 | 70760 | 72829 | 74899 | 76974 | 79047 |
C) October 1, 2009 | 69721 | 71821 | 73921 | 76022 | 78129 | 80233 |
D) October 1, 2010 | 70767 | 72898 | 75030 | 77162 | 79301 | 81436 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 73192 | 76227 | 79018 | 81811 | 84599 | 87389 |
A) October 1, 2007 | 74875 | 77980 | 80835 | 83693 | 86545 | 89399 |
B) October 1, 2008 | 75998 | 79150 | 82048 | 84948 | 87843 | 90740 |
C) October 1, 2009 | 77138 | 80337 | 83279 | 86222 | 89161 | 92101 |
D) October 1, 2010 | 78295 | 81542 | 84528 | 87515 | 90498 | 93483 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 82600 | 85832 | 89074 | 92318 | 95554 | 98793 |
A) October 1, 2007 | 84500 | 87806 | 91123 | 94441 | 97752 | 101065 |
B) October 1, 2008 | 85768 | 89123 | 92490 | 95858 | 99218 | 102581 |
C) October 1, 2009 | 87055 | 90460 | 93877 | 97296 | 100706 | 104120 |
D) October 1, 2010 | 88361 | 91817 | 95285 | 98755 | 102217 | 105682 |
Effective Date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) October 1, 2006 | 85899 | 89262 | 92633 | 96007 | 99376 | 102746 |
A) October 1, 2007 | 87875 | 91315 | 94764 | 98215 | 101662 | 105109 |
B) October 1, 2008 | 89193 | 92685 | 96185 | 99688 | 103187 | 106686 |
C) October 1, 2009 | 90531 | 94075 | 97628 | 101183 | 104735 | 108286 |
D) October 1, 2010 | 91889 | 95486 | 99092 | 102701 | 106306 | 109910 |
**
**
The Employer and the Professional Institute of the Public Service of Canada agree that for those employees to whom the provisions of clause .07 of Article 8 applies, the provisions of the collective agreement which specifies days shall be converted to hours. Where the collective agreement refers to a "day", it shall be converted to seven decimal five (7.5) hours.
For greater certainty, the following provisions shall be administered as provided herein:
Clause (c) - "daily rate of pay" - shall not apply.
Compensation shall only be applicable on a normal workday for hours in excess of the employee's scheduled daily hours of work.
When an employee is required by the Employer to work overtime on the employee's day of rest, compensation shall be granted as per paragraphs 9.01(b) and 9.01(c).
A designated paid holiday shall account for seven decimal five (7.5) hours only.
Effective the date on which clause .06 of Article 8 applies or ceases to apply to an employee, the accrued vacation and sick leave credits shall be converted to days or hours, as applicable.
The Memorandum of Agreement shall be effective from the date of signing of the collective agreement to September 30, 2011.
Signed at Ottawa, this 10th day of the month of July 2009.
Hélène Laurendeau
Josée Lefebvre
Gary Corbett
Michel Gingras
Employees in the Engineering and Land Survey Group employed by the Department of National Defence engaged in Sea Trials under the following conditions will be remunerated in accordance with the terms below:
Signed at Ottawa, this 10th day of the month of July 2009.
Hélène Laurendeau
Josée Lefebvre
Gary Corbett
Michel Gingras
Annual | Daily | |
---|---|---|
AR-1 | $5,666 | $21.72 |
AR-2 | $7,342 | $28.14 |
AR-3 | $9,229 | $35.38 |
AR-4 | $10,748 | $41.20 |
AR-5 | $12,112 | $46.43 |
AR-6 | $13,071 | $50.10 |
AR-7 | $14,604 | $55.98 |
Signed at Ottawa, this 10th day of the month of July 2009.
Hélène Laurendeau
Josée Lefebvre
Gary Corbett
Michel Gingras
Annual | Daily | |
---|---|---|
EN-ENG-1 | $6,151 | $23.58 |
EN-ENG-2 | $7,467 | $28.62 |
EN-ENG-3 | $10,060 | $38.56 |
EN-ENG-4 | $11,629 | $44.58 |
EN-ENG-5 | $13,416 | $51.43 |
EN-ENG-6 | $14,802 | $56.74 |
EN-SUR-1 | $6,804 | $26.08 |
EN-SUR-2 | $10,008 | $38.36 |
EN-SUR-3 | $10,781 | $41.33 |
EN-SUR-4 | $12,235 | $46.90 |
EN-SUR-5 | $13,198 | $50.59 |
EN-SUR-6 | $13,226 | $50.70 |
Signed at Ottawa, this 10th day of the month of July 2009.
Hélène Laurendeau
Josée Lefebvre
Gary Corbett
Michel Gingras
Part I of this Memorandum of Understanding shall apply to the incumbents of positions which will be reclassified to a group and/or level having a lower attainable maximum rate of pay after the date this Memorandum of Understanding becomes effective.
Note: The term "attainable maximum rate of pay" means the rate attainable for fully satisfactory performance in the case of levels covered by a performance pay plan or the maximum salary rate in the case of all other groups and levels.
Part II of this Memorandum of Understanding shall apply to incumbents of positions who are in holding rates of pay on the date this Memorandum of Understanding becomes effective.
Signed at Ottawa, this 21st day of the month of July 1982.
Table of Contents
This Appendix applies to all employees.
Unless explicitly specified, the provisions contained in Parts I to VI do not apply to alternative delivery initiatives.
With the exception of those provisions for which the Public Service Commission (PSC) is responsible, this Appendix is part of this Collective Agreement.
It is the policy of the Treasury Board to maximise employment opportunities for indeterminate employees affected by workforce adjustment situations, primarily through ensuring that, wherever possible, alternative employment opportunities are provided to them. This should not be construed as the continuation of a specific position or job but rather as continued employment.
To this end, every indeterminate employee whose services will no longer be required because of a workforce adjustment situation and for whom the deputy head knows or can predict employment availability will receive a guarantee of a reasonable job offer within the Core Public Administration. Those employees for whom the deputy head cannot provide the guarantee will have access to transitional employment arrangements (as per Part VI and VII).
The PSC has endorsed those portions of this Appendix for which it has responsibility.
Departments or organizations shall retain central information on all cases occurring under this Appendix, including the reasons for the action; the number, occupational groups and levels of employees concerned; the dates of notice given; the number of employees placed without retraining; the number of employees retrained (including number of salary months used in such training); the levels of positions to which employees are appointed and the cost of any salary protection; and the number, types, and amounts of lump sums paid to employees.
This information will be used by the Treasury Board Secretariat to carry out its periodic audits.
**
The primary references for the subject of Workforce Adjustment are as follows:
**
Enquiries about this Appendix should be referred to PIPSC, or the responsible officers in departmental or organizational headquarters.
Responsible officers in departmental or organizational headquarters may, in turn, direct questions on the application of this Appendix to the Senior Director, Excluded Groups and Administrative Policies, Labour Relations and Compensation Operations, Treasury Board Secretariat.
Enquiries by employees pertaining to entitlements to a priority in appointment or to their status in relation to the priority appointment process should be directed to their departmental or organizational human resource advisors or to the Priority Advisor of the PSC responsible for their case.
1.1.1 Since indeterminate employees who are affected by workforce adjustment situations are not themselves responsible for such situations, it is the responsibility of departments or organizations to ensure that they are treated equitably and, given every reasonable opportunity to continue their careers as public service employees.
1.1.2 Departments or organizations shall carry out effective human resource planning to minimise the impact of workforce adjustment situations on indeterminate employees, on the department or organization, and on the public service.
1.1.3 Departments and organizations shall establish workforce adjustment committees, where appropriate, to manage the workforce adjustment situations within the department or organization, and they shall notify PIPSC of the responsible officers who will administer this Appendix.
**
1.1.4 Departments or organizations shall, as the home department or organization, cooperate with the PSC and appointing departments or organizations in joint efforts to redeploy departmental or organizational surplus employees and laid-off persons.
1.1.5 Departments or organizations shall establish systems to facilitate redeployment or retraining of the department's or organization's affected employees, surplus employees, and laid-off persons.
**
1.1.6 When a deputy head determines that the services of an employee are no longer required beyond a specified date due to lack of work or discontinuance of a function, the deputy head shall advise the employee, in writing, that his or her services will no longer be required. A copy of this letter shall be sent forthwith to the President of PIPSC.
Such a communication shall also indicate if the employee:
Where applicable, the communication should also provide the information relative to the employee's possible lay-off date.
1.1.7 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those employees subject to workforce adjustment for whom they know or can predict employment availability in the Core Public Administration.
1.1.8 Where a deputy head cannot provide a guarantee of a reasonable job offer, the deputy head will provide one hundred and twenty (120) days to consider the three (3) options outlined in Part VI of this Appendix to all opting employees before a decision is required of them. If the employee fails to select an option, the employee will be deemed to have selected Option (a), twelve (12) month surplus priority period in which to secure a reasonable job offer.
1.1.9 The deputy head shall make a determination to either provide a guarantee of a reasonable job offer or access to the options set out in 6.3 of this Appendix, upon request of any indeterminate affected employee who can demonstrate that his or her duties have already ceased to exist.
1.1.10 Departments or organizations shall send written notice to the PSC of the employee's surplus status, and shall send to the PSC such details, forms, resumes, and other material as the PSC may from time to time prescribe as necessary for it to discharge its function.
1.1.11 The home department or organization shall provide the PSC with a written statement that it would be prepared to appoint the surplus employee to a suitable position in the department or organization commensurate with his or her qualifications, if such a position were available.
**
1.1.12 Departments or organizations shall advise the President of PIPSC and consult with PIPSC representatives as completely as possible regarding any workforce adjustment situation as soon as possible after the decision has been made and throughout the process. When the affected employees are identified, the departments or organizations will forward the name, work location, phone number, email address and mailing address of affected employees as per the departmental or organizational employee database of those employees to the President of PIPSC.
**
1.1.13 Departments or organizations shall provide that employee with the official notification that he or she has become subject to a workforce adjustment and shall remind the employee that Appendix E on Workforce Adjustment of this Collective Agreement applies.
1.1.14 Deputy heads shall apply this Appendix so as to keep actual involuntary lay-offs to a minimum, and lay-offs shall normally only occur where an individual has refused a reasonable job offer, or is not mobile, or cannot be retrained within two (2) years, or is laid-off at his or her own request.
**
1.1.15 Departments or organizations are responsible to counsel and advise their affected employees on their opportunities of finding continuing employment in the public service and shall, to the extent possible, help market surplus employees and laid off persons to other departments or organizations unless the individuals have advised the department or organization in writing that they are not available for appointment.
1.1.16 Appointment of surplus employees to alternative positions, whether with or without retraining, shall normally be at a level equivalent to that previously held by the employee, but this does not preclude appointment to a lower level. Departments or organizations shall avoid appointment to a lower level except where all other avenues have been exhausted.
1.1.17 Home departments or organizations shall appoint as many of their own surplus employees or laid-off persons as possible, or identify alternative positions (both actual and anticipated) for which individuals can be retrained.
1.1.18 Home departments or organizations shall relocate surplus employees and laid-off individuals, if necessary.
1.1.19 Relocation of surplus employees or laid-off persons shall be undertaken when the individuals indicate that they are willing to relocate and relocation will enable their redeployment or reappointment, providing that
1.1.20 The cost of travelling to interviews for possible appointments and of relocation to the new location shall be borne by the employee's home department or organization. Such cost shall be consistent with the Travel and NJC Relocation Directives.
1.1.21 For the purposes of the NJC Relocation Directive, surplus employees and laid-off persons who relocate under this Appendix shall be deemed to be employees on employer-requested relocations. The general rule on minimum distances for relocation applies.
**
1.1.22 For the purposes of the Travel Directive, laid-off persons travelling to interviews for possible reappointment to Core Public Administration are deemed to be a "traveller" as defined in the Travel Directive.
**
1.1.23 For the surplus and/or lay-off priority periods, home departments or organizations shall pay the salary, salary protection and/or termination costs as well as other authorized costs such as tuition, travel, relocation, and retraining as provided for in the various collective agreements and directives. The appointing department or organization may agree to absorb all or part of these costs.
**
1.1.24 Where a surplus employee is appointed by another department or organization to a term position, the home department or organization is responsible for the costs above for one (1) year from the date of such appointment, unless the home and appointing departments or organizations agree to a longer period, after which the appointing department or organization becomes the new home department or organization consistent with PSC authorities.
1.1.25 Departments or organizations shall protect the indeterminate status and surplus priority of a surplus indeterminate employee appointed to a term position under this Appendix.
**
1.1.26 Departments or organizations shall inform the PSC in a timely fashion, and in a method directed by the PSC, of the results of all referrals made to them under this Appendix.
1.1.27 Departments or organizations shall review the use of private temporary agency personnel, contractors, consultants, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, departments or organizations shall not re-engage such temporary agency personnel, contractors, consultants nor renew the employment of such employees referred to above where such action would facilitate the appointment of surplus employees or laid-off persons.
1.1.28 Nothing in the foregoing shall restrict the employer's right to engage or appoint persons to meet short-term, non-recurring requirements. Surplus and laid-off persons shall be given priority even for these short-term work opportunities.
1.1.29 Departments or organizations may lay off an employee at a date earlier than originally scheduled when the surplus employee requests them to do so in writing.
1.1.30 Departments or organizations, acting as appointing departments or organizations, shall cooperate with the PSC and other departments or organizations in accepting, to the extent possible, affected, surplus and laid-off persons, from other departments or organizations for appointment or retraining.
1.1.31 Departments or organizations shall provide surplus employees with a lay-off notice at least one month before the proposed lay-off date, if appointment efforts have been unsuccessful.
1.1.32 When a surplus employee refuses a reasonable job offer, he or she shall be subject to lay-off one month after the refusal, however not before six (6) months after the surplus declaration date. The provisions of 1.3.3 shall continue to apply.
1.1.33 Departments or organizations are to presume that each employee wishes to be redeployed unless the employee indicates the contrary in writing.
**
1.1.34 Departments or organizations shall inform and counsel affected and surplus employees as early and as completely as possible and shall, in addition, assign a counsellor to each opting and surplus employee and laid-off person to work with them throughout the process. Such counselling is to include explanations and assistance concerning:
1.1.35 Home departments or organizations shall ensure that, when it is required to facilitate appointment, a retraining plan is prepared and agreed to in writing by themselves, the employee and the appointing department or organization.
1.1.36 Severance pay and other benefits flowing from other clauses in this Collective Agreement are separate from, and in addition to, those in this Appendix.
1.1.37 Any surplus employee who resigns under this Appendix shall be deemed, for the purposes of severance pay and retroactive remuneration, to be involuntarily laid off on the day as of which the deputy head accepts in writing the employee's resignation.
**
1.1.38 The department or organization will review the status of each affected employee annually, or earlier, from the date of initial notification of affected status and determine whether the employee will remain on affected status or not.
**
1.1.39 The department or organization will notify the affected employee, in writing, within five (5) working days of the decision pursuant to subsection 1.1.38.
1.2.1 It is the responsibility of the Treasury Board Secretariat to:
**
**
1.3.1 Within the context of workforce adjustment, and the Public Service Commission's (PSC) governing legislation, it is the responsibility of the PSC to:
1.3.2 The PSC is further willing, in accordance with the Privacy Act, to:
1.3.3 The PSC's roles and responsibilities flow from its governing legislation, not the collective agreement. As such, any changes made to these roles/responsibilities must be agreed upon by the Commission. For greater detail on the PSC's role in administering surplus and lay-off priority entitlements, refer to Annex C of this document.
1.4.1 Employees have the right to be represented by PIPSC in the application of this Appendix.
1.4.2 Employees who are directly affected by workforce adjustment situations and who receive a guarantee of a reasonable job offer, or who opt, or are deemed to have opted, for Option (a) of Part VI of this Appendix are responsible for:
1.4.3 Opting employees are responsible for:
2.1.1 As already mentioned in section 1.1.12, departments or organizations shall advise and consult with the bargaining agent representatives as completely as possible regarding any workforce adjustment situation as soon as possible after the decision has been made and throughout the process and will make available to the bargaining agent and to the President of PIPSC the name, work location, phone number, email address and mailing address of affected employees as per the departmental or organizational employee database of those employees.
2.1.2 In any workforce adjustment situation which is likely to involve six (6)or more indeterminate employees covered by this Appendix, the department or organization concerned shall notify the Assistant Secretary (or delegate), Compensation and Labour Relations, Treasury Board Secretariat, in confidence, at the earliest possible date and under no circumstances less than four (4) working days before the situation is announced.
2.1.3 Prior to notifying any potentially affected employee, departments or organizations shall also notify the Chief Executive Officer of each bargaining agent that has members involved. Such notification is to be in writing, in confidence and at the earliest possible date and under no circumstances less than (2) working days before any employee is notified of the workforce adjustment situation. This information is to include the identity and location of the work unit(s) involved; the expected date of the announcement; the anticipated timing of the situation; and the numbers of employees, by group and level, who will be affected.
3.1.1 In cases where a work unit is to be relocated, department(s) or organization(s) shall provide all employees whose positions are to be relocated with written notice of the opportunity to choose whether they wish to move with the position or be treated as if they were subject to a workforce adjustment situation.
3.1.2 Following written notification, employees must indicate, within a period of six (6) months, their intention to move. If the employee's intention is not to move with the relocated position, the deputy head, after having considered relevant factors, can either provide the employee with a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix.
3.1.3 Employees relocating with their work units shall be treated in accordance with the provisions of 1.1.18 to 1.1.22.
3.1.4 Although departments or organizations will endeavour to respect employee location preferences, nothing precludes the department or organization from offering the relocated position to employees in receipt of a guarantee of a reasonable job offer from their deputy heads, after having spent as much time as operations permit looking for a reasonable job offer in the employee's location preference area.
3.1.5 Employees who are not in receipt of a guarantee of a reasonable job offer shall become opting employees and have access to the options set out in Part VI of this Appendix.
4.1.1 To facilitate the redeployment of affected employees, surplus employees, and laid-off persons, departments or organizations shall make every reasonable effort to retrain such persons for:
**
4.1.2 It is the responsibility of the employee, the home department or organization and the appointing department or organization to identify retraining opportunities pursuant to subsection 4.1.1.
4.1.3 Subject to the provisions of 4.1.2, the deputy head of the home department or organization shall approve up to two (2) years of retraining.
4.2.1 A surplus employee is eligible for retraining providing:
4.2.2 The home department or organization is responsible for ensuring that an appropriate retraining plan is prepared and is agreed to in writing by the employee and the delegated officers of the home and appointing departments or organizations.
4.2.3 Once a retraining plan has been initiated, its continuation and completion are subject to satisfactory performance by the employee.
4.2.4 While on retraining, a surplus employee continues to be employed by the home department or organization and is entitled to be paid in accordance with his or her current appointment, unless the appointing department or organization is willing to appoint the employee indeterminately, conditional on successful completion of retraining, in which case the retraining plan shall be included in the letter of offer.
4.2.5 When a retraining plan has been approved and the surplus employee continues to be employed by the home department or organization, the proposed lay-off date shall be extended to the end of the retraining period, subject to 4.2.3.
4.2.6 An employee unsuccessful in retraining may be laid off at the end of the surplus period, provided that the employer has been unsuccessful in making the employee a reasonable job offer.
4.2.7 In addition to all other rights and benefits granted pursuant to this section, an employee who is guaranteed a reasonable job offer, is also guaranteed, subject to the employee's willingness to relocate, training to prepare the surplus employee for appointment to a position pursuant to section 4.1.1, such training to continue for one (1) year or until the date of appointment to another position, whichever comes first. Appointment to this position is subject to successful completion of the training.
**
4.3.1 A laid-off person shall be eligible for retraining providing:
4.3.2 When an individual is offered an appointment conditional on successful completion of retraining, a retraining plan shall be included in the letter of offer. If the individual accepts the conditional offer, he or she will be appointed on an indeterminate basis to the full level of the position after having successfully completed training and being assessed as qualified for the position. When an individual accepts an appointment to a position with a lower maximum rate of pay than the position from which he or she was laid-off, the employee will be salary protected in accordance with Part V.
5.1.1 Surplus employees and laid-off persons appointed to a lower-level position under this Appendix shall have their salary and pay equity equalization payments, if any, protected in accordance with the salary protection provisions of this Collective Agreement, or, in the absence of such provisions, the appropriate provisions of the Regulations Respecting Pay on Reclassification or Conversion.
5.1.2 Employees whose salary is protected pursuant to section 5.1.1 will continue to benefit from salary protection until such time as they are appointed or deployed into a position with a maximum rate of pay that is equal to or higher than the maximum rate of pay of the position from which they were declared surplus or laid off.
6.1.1 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those affected employees for whom they know or can predict employment availability. A deputy head who cannot provide such a guarantee shall provide his or her reasons in writing, if requested by the employee. Affected employees in receipt of this guarantee would not have access to the choice of options below.
6.1.2 Employees who are not in receipt of a guarantee of a reasonable job offer from their deputy head have one hundred and twenty (120) days to consider the three (3) options below before a decision is required of them.
6.1.3 The opting employee must choose, in writing, one of the three options of section 6.3 of this Appendix within the one hundred and twenty (120) day window. The employee cannot change options once having made a written choice.
6.1.4 If the employee fails to select an option, the employee will be deemed to have selected Option (a), twelve (12) month surplus priority period in which to secure a reasonable job offer at the end of the one hundred and twenty (120) day window.
6.1.5 If a reasonable job offer which does not require a relocation is made at any time during the one hundred and twenty (120) day opting period and prior to the written acceptance of the Transition Support Measure or the Education Allowance Option, the employee is ineligible for the TSM or the Education Allowance.
6.2.1 All departments or organizations must participate in the alternation process.
6.2.2 An alternation occurs when an opting employee who wishes to remain in the Core Public Administration exchanges positions with a non-affected employee (the alternate) willing to leave the Core Public Administration under the terms of Part VI of this Appendix.
6.2.3 Only an opting employee, not a surplus one, may alternate into an indeterminate position that remains in the Core Public Administration.
6.2.4 An indeterminate employee wishing to leave the Core Public Administration may express an interest in alternating with an opting employee. Management will decide, however, whether a proposed alternation will result in retaining the skills required to meet the ongoing needs of the position and the Core Public Administration.
6.2.5 An alternation must permanently eliminate a function or a position.
6.2.6 The opting employee moving into the unaffected position must be, to the degree determined by the Employer, able to meet the requirements of the position, including language requirements. The alternate moving into the opting position must meet the requirements of the position, except if the alternate will not be performing the duties of the position and the alternate will be struck off strength within five (5) days of the alternation.
6.2.7 An alternation should normally occur between employees at the same group and level. When the two (2) positions are not the same group and level, alternation can still occur when the positions can be considered equal. They are considered equal when the maximum rate of pay for the higher paid position is no more than six per cent (6%) higher than the maximum rate of pay for the lower paid position.
6.2.8 An alternation must occur on a given date, i.e. two (2) employees directly exchange positions on the same day. There is no provision in alternation for a "domino" effect or for "future considerations".
6.3.1 Only opting employees who are not in receipt of the guarantee of a reasonable job offer from the deputy head will have access to the choice of options below:
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6.3.2 Management will establish the departure date of opting employees who choose Option (b) or Option (c) above.
6.3.3 The TSM, pay in lieu of unfulfilled surplus period and the Education Allowance cannot be combined with any other payment under the Workforce Adjustment Appendix.
6.3.4 In the cases of: pay in lieu of unfulfilled surplus period, Option (b) and (c)(i), the employee relinquishes any priority rights for reappointment upon acceptance of his or her resignation.
6.3.5 Employees choosing Option (c)(ii) who have not provided their department or organization with a proof of registration from a learning institution twelve (12) months after starting their leave without pay period will be deemed to have resigned from the Core Public Administration, and be considered to be laid-off for purposes of severance pay.
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6.3.6 All opting employees will be entitled to up to six hundred dollars ($600)towards counseling services in respect of their potential re-employment or retirement. Such counselling services may include financial, and job placement counselling services.
6.3.7 An opting employee who has received pay in lieu of unfulfilled surplus period, a TSM or an Education Allowance and is re-appointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV to the Financial Administration Act shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of such re-appointment or hiring, to the end of the original period for which the TSM or Education Allowance was paid.
6.3.8 Notwithstanding section 6.3.7, an opting employee who has received an Education Allowance will not be required to reimburse tuition expenses, costs of books and mandatory equipment, for which he or she cannot get a refund.
6.3.9 The deputy head shall ensure that pay in lieu of unfulfilled surplus period is only authorized where the employee's work can be discontinued on the resignation date and no additional costs will be incurred in having the work done in any other way during that period.
6.3.10 If a surplus employee who has chosen, or is deemed to have chosen, Option (a) refuses a reasonable job offer at any time during the twelve (12) month surplus priority period, the employee is ineligible for pay in lieu of unfulfilled surplus period.
6.3.11 Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied.
6.4.1 There are three (3) situations in which an employee may be eligible to receive a retention payment. These are total facility closures, relocation of work units and alternative delivery initiatives.
6.4.2 All employees accepting retention payments must agree to leave the Core Public Administration without priority rights.
6.4.3 An individual who has received a retention payment and, as applicable, is either reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV to the Financial Administration Act or is hired by the new employer within the six (6) months immediately following his or her resignation, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of such re-appointment or hiring, to the end of the original period for which the lump sum was paid.
6.4.4 The provisions of 6.4.5 shall apply in total facility closures where public service jobs are to cease, and:
6.4.5 Subject to 6.4.4, the deputy head shall pay to each employee who is asked to remain until closure of the work unit and offers a resignation from the Core Public Administration to take effect on that closure date, a sum equal to six (6) months' pay payable upon the day on which the departmental or organizational operation ceases, provided the employee has not separated prematurely.
6.4.6 The provisions of 6.4.7 shall apply in relocation of work units where Core Public Administration work units:
6.4.7 Subject to 6.4.6, the deputy head shall pay to each employee who is asked to remain until the relocation of the work unit and offers a resignation from the Core Public Administration to take effect on the relocation date, a sum equal to six (6) months' pay payable upon the day on which the departmental or organizational operation relocates, provided the employee has not separated prematurely.
6.4.8 The provisions of 6.4.9 shall apply in alternative delivery initiatives:
6.4.9 Subject to 6.4.8, the deputy head shall pay to each employee who is asked to remain until the transfer date and who offers a resignation from the Core Public Administration to take effect on the transfer date, a sum equal to six (6) months pay payable upon the transfer date, provided the employee has not separated prematurely.
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The administration of the provisions of this part will be guided by the following principles:
The parties recognize:
For the purposes of this part, an alternative delivery initiative (diversification des modes d'exécution) is the transfer of any work, undertaking or business of the Core Public Administration to any body or corporation that is a separate agency or that is outside the Core Public Administration;
For the purposes of this part, a reasonable job offer (offre d'emploi raisonnable) is an offer of employment received from a new employer in the case of a type 1 or 2 transitional employment arrangement, as determined in accordance with section 7.2.2;
For the purposes of this part, a termination of employment (licenciement du fonctionnaire) is the termination of employment referred to in paragraph 12(1)(f)of the Financial Administration Act (FAA).
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Departments or organizations will, as soon as possible after the decision is made to proceed with an alternative delivery initiative (ADI), and if possible, not less than one hundred and eighty (180) days prior to the date of transfer, provide notice to the President of PIPSC.
The notice to PIPSC will include: 1) the program being considered for ADI, 2) the reason for the ADI, and 3) the type of approach anticipated for the initiative.
In cases of ADI, the parties will conduct meaningful consultation on human resource issues related to the ADI in order to provide information to the employee which will assist him/her in deciding on whether or not to accept the job offer.
7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this part and, only where specifically indicated will other provisions of this Appendix apply to them.
7.2.2 There are three (3) types of transitional employment arrangements resulting from alternative delivery initiatives:
7.2.3 For type 1 and 2 transitional employment arrangements, the offer of employment from the new employer will be deemed to constitute a reasonable job offer for purposes of this part.
7.2.4 For type 3 transitional employment arrangements, an offer of employment from the new employer will not be deemed to constitute a reasonable job offer for purposes of this part.
7.3.1 Deputy heads will be responsible for deciding, after considering the criteria set out above, which of the types applies in the case of particular alternative delivery initiatives.
7.3.2 Employees directly affected by alternative delivery initiatives are responsible for seriously considering job offers made by new employers and advising the home department or organization of their decision within the allowed period.
7.4.1 Where alternative delivery initiatives are being undertaken, departments or organizations shall provide written notice to all employees offered employment by the new employer, giving them the opportunity to choose whether they wish to accept the offer.
7.4.2 Following written notification, employees must indicate within a period of sixty (60) days their intention to accept the employment offer.
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7.5.1 Employees subject to this Appendix (see Application) and who do not accept the reasonable job offer from the new employer in the case of type 1 or 2 transitional employment arrangements will be given four (4) months notice of termination of employment and their employment will be terminated at the end of that period or on a mutually agreed upon date before the end of the four (4) month notice period except where the employee was unaware of the offer or incapable of indicating an acceptance of the offer.
7.5.2 The deputy head may extend the notice of termination period for operational reasons, but no such extended period may end later than the date of the transfer to the new employer.
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7.5.3 Employees who do not accept a job offer from the new employer in the case of type 3 transitional employment arrangements may be declared opting or surplus by the deputy head in accordance with the provisions of the other parts of this Appendix.
7.5.4 Employees who accept a job offer from the new employer in the case of any alternative delivery initiative will have their employment terminated on the date on which the transfer becomes effective, or on another date that may be designated by the home department or organization for operational reasons provided that this does not create a break in continuous service between the Core Public Administration and the new employer.
7.6.1 For greater certainty, the provisions of Part II, Official Notification, and section 6.4, Retention Payment, will apply in the case of an employee who refuses an offer of employment in the case of a type 1 or 2 transitional employment arrangement. A payment under section 6.4 may not be combined with a payment under the other section.
7.7.1 Employees who are subject to this Appendix (see Application) and who accept the offer of employment from the new employer in the case of type 2 transitional employment arrangements will receive a sum equal to three (3) months pay, payable upon the day on which the departmental or organizational work or function is transferred to the new employer. The home department or organization will also pay these employees an eighteen (18) month salary top-up allowance equal to the difference between the remuneration applicable to their Core Public Administration position and the salary applicable to their position with the new employer. This allowance will be paid as a lump-sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer.
7.7.2 In the case of individuals who accept an offer of employment from the new employer in the case of a type 2 arrangement whose new hourly or annual salary falls below eighty per cent (80%) of their former federal hourly or annual remuneration, departments or organizations will pay an additional six (6) months of salary top-up allowance for a total of twenty (24) months under this section and section 7.7.1. The salary top-up allowance equal to the difference between the remuneration applicable to their Core Public Administration position and the salary applicable to their position with the new employer will be paid as a lump-sum payable on the day on which the departmental or organizational work or function is transferred to the new employer.
7.7.3 Employees who accept the reasonable job offer from the successor employer in the case of a type 1 or 2 transitional employment arrangement where the test of reasonableness referred to in the statement of pension principles set out in Annex A is not met, that is, where the actuarial value (cost) of the new employer's pension arrangements are less than six decimal five per cent (6.5%) of pensionable payroll (excluding the employer's costs related to the administration of the plan) will receive a sum equal to three (3) months pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer.
7.7.4 Employees who accept an offer of employment from the new employer in the case of type 3 transitional employment arrangements will receive a sum equal to six (6) months pay payable on the day on which the departmental or organizational work or function is transferred to the new employer. The home department or organization will also pay these employees a twelve (12) month salary top-up allowance equal to the difference between the remuneration applicable to their Core Public Administration position and the salary applicable to their position with the new employer. The allowance will be paid as a lump-sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The total of the lump-sum payment and the salary top-up allowance provided under this section will not exceed an amount equal to one (1) year's pay.
7.7.5 For the purposes of 7.7.1, 7.7.2 and 7.7.4, the term remuneration includes and is limited to salary plus equal pay adjustments, if any, and supervisory differential, if any.
7.8.1 An individual who receives a lump-sum payment and salary top-up allowance pursuant to subsection 7.7.1, 7.7.2, 7.7.3 or 7.7.4 and who is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV to the Financial Administration Act at any point during the period covered by the total of the lump-sum payment and salary top-up allowance, if any, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of re-appointment to the end of the original period covered by the total of the lump-sum payment and salary top-up allowance, if any.
7.8.2 An individual who receives a lump-sum payment pursuant to subsection 7.6.1 and, as applicable, is either reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV to the Financial Administration Actor hired by the new employer, to which the employee's work was transferred, at any point covered by the lump-sum payment, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of the reappointment or hiring to the end of the original period covered by the lump-sum payment.
7.9.1 Notwithstanding the provisions of this Collective Agreement concerning vacation leave, an employee who accepts a job offer pursuant to this part may choose not to be paid for earned but unused vacation leave credits, provided that the new employer will accept these credits.
7.9.2 Notwithstanding the provisions of this Collective Agreement concerning severance pay, an employee who accepts a reasonable job offer pursuant to this part will not be paid severance pay where successor rights apply and/or, in the case of a type 2 transitional employment arrangement, when the new employer recognizes the employee's years of continuous employment in the Core Public Administration for severance pay purposes and provides severance pay entitlements similar to the employee's severance pay entitlements at the time of the transfer.
7.9.3 Where:
the employee shall be deemed, for purposes of severance pay, to be involuntarily laid off on the day on which employment in the Core Public Administration terminates.
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For indeterminate seasonal and part-time employees, the TSM will be pro-rated in the same manner as severance pay under the terms of this Collective Agreement.
Severance pay provisions of this Collective Agreement are in addition to the TSM.
Public Service Commission "Guide to the Priority Information Management System": http://www.psc-cfp.gc.ca/prad-adpr/index-eng.htm