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Agreement Between the Treasury Board and the Professional Institute of
Public Service of Canada
Group: Architecture, Engineering and Land Survey
Code: 203, 210
Expiry Date: September 30, 2011
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.
Table of
Contents
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
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
**Appendix A
AR - Architecture and Town Planning Group
Annual Rates of Pay
EN - Engineering and Land Survey Group
Annual Rates of Pay
Appendix B
Memorandum of Agreement Between The Treasury Board and
The Professional Institute of the Public Service of Canada - Hours of Work
Appendix C
Memorandum of Agreement - Sea Trials
**Appendix
D
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
**Appendix E
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
Appendix F
Memorandum of Understanding Red Circling
**Appendix G
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:
- "bargaining
unit"
- means the employees of the Employer in the group described in
Article 26, Recognition (« unité de négociation »);
- "common-law
partner"
- refers to a person living in a conjugal relationship with an
employee for a continuous period of at least one year (« conjoint de fait »);
- "continuous
employment"
- has the same meaning as specified in the Public Service
Terms and Conditions of Employment Regulations on the date of signing of this
Agreement (« emploi continu »);
- "daily
rate of pay"
- means an employee's weekly rate of pay divided by five (5)
(« taux de rémunération journalier »);
- "day
of rest"
- in relation to an employee means a day, other than a
designated paid holiday, on which that employee is not ordinarily required to
perform duties other than by reason of the employee being on leave (« jour de repos »);
- "designated
paid holiday"
- means the twenty-four (24) hour period commencing at
00:01 hour of a day designated as a holiday in this Agreement (« jour férié désigné payé »);
- "double
time"
- means two (2) times the employee's hourly rate of pay (« tarif double »);
- "employee"
- means a person so defined by the Public
Service Labour Relations Act and who is a member of the bargaining unit (« employé »);
- "Employer"
- means Her Majesty in right of Canada as represented by the Treasury Board, and
includes any person authorized to exercise the authority of the Treasury Board (« Employeur »);
- "headquarters
area"
- has the same meaning as given to the expression in the Travel
Directive (« région du lieu d'affectation »);
- "hourly
rate of pay"
- means a full-time employee's weekly rate of pay divided
by thirty-seven decimal five (37.5) (« taux de rémunération horaire »);
- "Institute"
- means the Professional Institute of the Public Service of Canada (« Institut »);
- "lay-off"
- means the termination of an employee's employment because of lack of work or
because of the discontinuance of a function (« licenciement »);
- "leave"
- means authorized absence from duty (« congé »);
- "membership
dues"
- means the dues established pursuant to the by-laws and
regulations of the Institute as the dues payable by its members as a
consequence of their membership in the Institute, and shall not include any initiation
fee, insurance premium, or special levy (« cotisations syndicales »);
- "overtime"
- means work required by the Employer, to be performed by the employee in excess
of the employee's daily hours of work (« heures supplémentaires »);
- "spouse"
- will, when required, be interpreted to include common-law partner except, for
the purposes of the Foreign Service Directives, the definition of spouse will
remain as specified in Directive 2 of the Foreign Service Directives (« époux »);
- "time
and one-half"
- means one and one half (1 1/2) times the employee's
hourly rate of pay (« tarif et demi »);
- "weekly
rate of pay"
- means an employee's annual rate of pay divided by 52.176 (« taux de rémunération hebdomadaire
»).
2.02 Except as otherwise
provided in this Agreement, expressions used in this Agreement,
- if defined in the Public Service Labour
Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
and
- if defined in the Interpretation Act,
but not defined in the Public Service
Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
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.
Preamble
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
- The
Employer may suggest revisions to a publication and may withhold approval to
publish.
- When
approval for publication is withheld, the author(s) shall be so informed in
writing of the reasons, if requested by the employee.
- Where
the Employer wishes to make changes in a publication with which the author does
not agree, the employee shall not be credited publicly if the employee so
requests.
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.
General
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.
Non
Shift Work
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.
Flexible
Hours
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).
Days
of Rest
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.
Monthly
Attendance Registers
8.05 Employees will submit
monthly attendance registers; only those hours of overtime and absences need be
specified.
Compressed
Work Week
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.
Shift
Work
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:
- on the day it commenced where half (1/2) or more of the hours worked fall on
that day;
or
- on the day it terminates where more than half (1/2) of the hours worked fall on
that day.
8.12 In the scheduling of
shift work the Employer shall arrange shifts so that:
- employees shall rotate through the various shifts in such a manner that the
requirements for working night shifts, evening shifts and weekends will be
shared on an equitable basis by all employees covered by the shift schedule, to
the extent that operational requirements will permit;
- an employee's shift shall not be scheduled to commence within fifteen (15) hours
of the completion of the employee's previous shift;
and
- employees shall not be scheduled to work less than seven (7) hours nor more
than nine (9) hours in any one shift.
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:
- notwithstanding the provisions of clause 8.12, upon request of at least two-thirds
(2/3) of the employees affected and with the concurrence of the Employer,
shifts may be scheduled that vary from clause 8.12;
- notwithstanding anything to the contrary contained in this Agreement, the implementation
of any variation in hours under this clause 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.
8.14
- In order to help in the consideration of the wishes of the employees concerned,
a provisional shift schedule shall be prepared by the Employer and shall be
posted at least two (2) months in advance.
- Provisional and final shift schedules shall indicate the
working hours for each shift. The final shift schedule shall be published at
least three (3) weeks prior to the commencement of the said schedule and every
effort shall be made by the Employer to ensure that scheduled days of rest are
not changed. Where in the opinion of the Employer, briefing of shifts is
required, adequate paid time shall be allotted within the shift schedule.
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
- If an employee is given less than seventy-two (72) hours' advance notice of a
change in the employee's shift schedule, the employee will receive compensation
at the rate of time and one half (1 1/2) for work performed on the first shift
changed. Subsequent shifts worked on the changed schedule shall be paid for at
straight time and every effort shall be made by the Employer to ensure that
scheduled days of rest on the changed schedule are maintained.
- Notwithstanding 8.16(a),
- when a change in a shift schedule is
required and the employee agrees it is to the employee's benefit to change the
shift schedule, the employee shall be compensated at the straight-time rate for
work performed in the first shift changed;
and
- when an employee requests and the Employer
agrees to change the employee's shift schedule, the employee shall be paid at
the straight-time rate for work performed on the first shift of the revised
shift schedule.
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.
Shift
Premium
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.
Weekend
Premium
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:
- on the employee's normal work day, at the rate of time and one-half (1 1/2) for
the first seven decimal five (7.5) hours of overtime worked and at the rate of
double (2) time for all hours of overtime in any contiguous period in excess of
the first seven decimal five (7.5) hours;
- on the employee's first day of rest, at the rate of time and one-half (1 1/2)
for the first seven decimal five (7.5) hours of overtime worked and at the
double (2) time rate for each contiguous hour thereafter;
- on the employee's second or subsequent day of rest,
- at the basis of double (2) time for each
hour of overtime worked. Second or subsequent day of rest means the second or
subsequent day in an unbroken series of consecutive and contiguous calendar
days of rest;
- notwithstanding
paragraph (b) and subparagraph (c)(i) above, if, in an unbroken series of
consecutive and contiguous calendar days of rest, the Employer permits the
employee to work the required overtime on a day of rest requested by the
employee, then the compensation shall be at time and one-half (1 1/2) for the
first day worked.
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
- An employee who works three (3) or more hours of overtime immediately before or
immediately following the employee's scheduled hours of work shall be
reimbursed for one meal in the amount of ten dollars and fifty cents ($10.50),
except where free meals are provided. Reasonable time with pay to be determined
by the Employer shall be allowed the employee in order to take a meal either at
or adjacent to the employee's place of work.
- When an employee works overtime continuously extending four (4) hours or more
beyond the period provided in (a) above, the employee shall be reimbursed for
one additional meal in the amount of ten dollars and fifty cents ($10.50)
except where free meals are provided. Reasonable time with pay, to be
determined by the Employer, shall be allowed the employee in order that the
employee may take a meal break either at or adjacent to the employee's place of
work.
- Paragraphs 9.08(a) and (b) shall not apply to an employee who is in travel
status which entitles the employee to claim expenses for lodging and/or meals.
**
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:
- on a designated paid holiday which is not the employee's scheduled day of work,
or
- on the employee's day of rest,
or
- after the employee has completed the employee's work for the day and has left
the employee's place of work,
and
returns to work, the employee shall be paid the greater of:
- the minimum of three (3) hours' pay at the
applicable overtime rate of pay for each call-back to a maximum of eight (8) hours'
pay in an eight (8) hour period,
or
- compensation at the applicable rate of
overtime compensation for time worked,
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
- An employee required to be on standby duty shall be available during the period
of standby at a known telephone number or other telecommunication link and
be able to return for duty as quickly as possible if called.
- In areas and in circumstances where the Employer deems that electronic
communication devices are both practicable and efficient, they will be provided
without cost to those employees on standby duty.
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:
- New Year's Day,
- Good Friday,
- Easter Monday,
- the day fixed by proclamation of the Governor in Council for celebration of the
Sovereign's birthday,
- Canada Day,
- Labour Day,
- the day fixed by proclamation of the Governor in Council as a general day of
Thanksgiving,
- Remembrance Day,
- Christmas Day,
- Boxing Day,
- one additional day in each year that, in the opinion of the Employer, is
recognized to be a provincial or civic holiday in the area in which the
employee is employed or in any area where, in the opinion of the Employer, no
such day is recognized as a provincial or civic holiday, the first Monday in
August,
and
- one additional day when proclaimed by an Act of Parliament as a national
holiday.
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.
Designated
Paid Holiday Falling on a Day of Rest
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:
- work performed by an employee on the day from which the holiday was moved shall
be considered as work performed on a day of rest,
and
- work performed by an employee on the day to which the holiday was moved, shall
be considered as work performed on a holiday.
Compensation
for Work on a Paid Holiday
12.05 Compensation for work
on a paid holiday will be in accordance with Article 9.
Designated
Paid Holiday Coinciding with a Day of Paid Leave
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:
- on a normal working day on which the employee travels but does not work, the
employee shall receive the employee's regular pay for the day;
- on a normal working day on which the employee travels and works, the employee
shall be paid:
- the employee's regular pay for the day for
a combined period of travel and work not exceeding seven decimal five (7.5) hours
and
**
- at
the applicable overtime rate for additional travel time in excess of a seven
decimal five (7.5) hour period of work and travel, with a maximum payment for
such additional travel time not to exceed twelve (12) hours pay at the straight-time
rate in any day, or fifteen (15) hours pay at the straight-time rate when
travelling beyond North America;
**
- on a day of rest or on a designated paid holiday, the employee shall be paid at
the applicable overtime rate for hours travelled to a maximum of twelve (12) hours
pay at the straight-time rate, or fifteen (15) hours pay at the straight-time
rate when travelling beyond North America.
13.02 For the purpose of clause
13.01, the travelling time for which an employee shall be compensated is as
follows:
- for travel by public transportation, the time between the scheduled time of
departure and the time of arrival at a destination, including the normal travel
time to the point of departure, as determined by the Employer;
- for travel by private means of transportation, the normal time as determined by
the Employer, to proceed from the employee's place of residence or work place,
as applicable, direct to the destination and, upon return, direct back to the
employee's residence or work place;
- in the event that an alternative time of departure and/or means of travel is
requested by the employee, the Employer may authorize such alternative
arrangements in which case compensation for travelling time shall not exceed
that which would have been payable under the Employer's original determination.
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
- An employee who is required to travel outside his or her headquarters area on
government business, as these expressions are defined by the Employer, and is
away from his permanent residence for forty (40) nights during a fiscal year
shall be granted seven decimal five (7.5) hours off with pay. The employee
shall be credited with an additional seven decimal five (7.5) hours off for
each additional twenty 20 nights that the employee is away from his or her permanent
residence to a maximum of eighty (80) nights.
- The maximum number of hours off earned under this clause shall not exceed
thirty-seven decimal five (37.5) hours in a fiscal year and shall accumulate as
compensatory leave with pay.
- This leave with pay is deemed to be compensatory leave and is subject to clause
9.06.
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
- When an employee becomes subject to this
Agreement, the employee's earned daily leave credits shall be converted into
hours on the basis of one day being equal to seven decimal five (7.5) hours.
- When an employee ceases to be subject to this
Agreement, the employee's earned hourly leave credits shall be converted into
days on the basis of seven decimal five (7.5) hours being equal to one day.
15.01 The vacation year
shall be from April 1st to March 31st, inclusive.
Accumulation
of Vacation Leave Credits
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:
- nine decimal three seven five (9.375) hours until the month in which the
employee's eighth (8th) anniversary of service occurs;
- twelve decimal five (12.5) hours commencing with the month in which the
employee's eighth (8th) anniversary of service occurs;
- thirteen decimal seven five (13.75) hours commencing with the month in which
the employee's sixteenth (16th) anniversary of service occurs;
- fourteen decimal three seven five (14.375) hours commencing with the month in
which the employee's seventeenth (17th) anniversary of service occurs;
- fifteen decimal six two five (15.625) hours commencing with the month in which
the employee's eighteenth (18th) anniversary of service occurs;
- sixteen decimal eight seven five (16.875) hours commencing with the month in
which the employee's twenty-seventh (27th) anniversary of service occurs;
- eighteen decimal seven five (18.75) hours per month commencing with the month
in which the employee's twenty-eighth (28th) anniversary of service occurs.
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.
Entitlement
to Vacation Leave With Pay
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.
Provision
for Vacation Leave
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:
- to provide an employee's vacation leave in an amount and at such time as the
employee may request;
- not to recall an employee to duty after the employee has proceeded on vacation
leave.
Replacement
of Vacation Leave
15.06 Where, in respect of
any period of vacation leave, an employee:
- is granted bereavement leave,
or
- is granted special leave with pay because of illness in the immediate family,
or
- is granted sick leave on production of a medical certificate,
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.
Carry-Over
Provision
**
15.07
- Where in any vacation year all of the vacation leave credits to an employee has
not been scheduled, the employee may carry over into the following vacation
year up to a maximum of two hundred and sixty-two decimal five (262.5) hours
credit. All vacation leave credits in excess of two hundred and sixty-two
decimal five (262.5) hours will be paid in cash at the employee's hourly rate
of pay as calculated from the classification prescribed in the employee's
certificate of appointment of the employee's substantive position on the last
day of the vacation year.
- During any vacation year, upon application by the employee and at the
discretion of the Employer, earned but unused vacation leave credits in excess
of one hundred and twelve decimal five (112.5) hours may be paid in cash at the
employee's hourly rate of pay as calculated from the classification prescribed
in the employee's certificate of appointment of the employee's substantive
position on March 31st, of the previous vacation year.
Recall
From Vacation Leave
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:
- in proceeding to the employee's place of duty,
and
- in returning to the place from which the employee was recalled if the employee
immediately resumes vacation upon completing the assignment for which the
employee was recalled, after submitting such accounts as are normally required
by the Employer.
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.
Cancellation
or Alteration of Vacation Leave
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.
Leave
When Employment Terminates
**
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.
Vacation
Leave Credits for Severance Pay
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.
Abandonment
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.
Recovery
on Termination
**
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
- Employees shall be credited a one-time entitlement of thirty-seven decimal five
(37.5) hours of vacation leave with pay on the first (1st) day of the month
following the employee's second (2nd) anniversary of service, as defined in
clause 15.03.
- Transitional Provisions
- Effective on January 26, 2006, employees with more than two (2) years
of service, as defined in clause 15.03, shall be credited a one-time
entitlement of thirty-seven decimal five (37.5) hours of vacation leave with
pay.
- The vacation leave credits provided in paragraph 15.18(a) and (b) above shall be
excluded from the application of clause 15.07 dealing with the Carry-Over of
Vacation Leave.
Credits
16.01
- An
employee shall earn sick leave credits at the rate of nine decimal three seven
five (9.375) hours for each calendar month for which the employee receives pay
for at least seventy-five (75) hours.
- A
shift worker shall earn additional sick leave credits at the rate of one decimal
two five (1.25) hours for each calendar month during which he works shifts and
receives pay for at least seventy-five (75) hours. Such credits shall not be
carried over in the next fiscal year and are available only if the employee has
already used one hundred and twelve decimal five (112.5) hours sick leave
credits during the current fiscal year.
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:
- the
employee satisfies the Employer of this condition in such a manner and at such
a time as may be determined by the Employer,
and
- the
employee has the necessary sick leave credits.
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.
17.01 General
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.
- When a member of the immediate family dies, an employee:
**
- shall
be entitled to a single bereavement period of five (5) consecutive calendar
days. Such bereavement period, as determined by the employee, must include the
day of the memorial commemorating the deceased or must begin within two (2)
days following the death. During such period, the employee shall be paid for
those days which are not regularly scheduled days of rest for that employee;
- in addition, the employee may be granted
up to three (3) days' leave with pay for the purpose of travel related to the
death.
- An employee is entitled to up to one (1) day's bereavement leave with pay for
the purpose related to the death of the employee's son-in-law, daughter-in-law,
brother-in-law or sister-in-law.
- It is recognized by the parties that the circumstances which call for leave in
respect of bereavement are based on individual circumstances. On request, the
deputy head of a department may, after considering the particular circumstances
involved, grant leave with pay for a period greater or in a manner other than
that provided for in subparagraph 17.02(a)(i) and paragraph 17.02(b).
- If, during a period of paid leave, an employee is bereaved in circumstances
under which the employee would have been eligible for bereavement leave under
this clause, the employee shall be granted bereavement leave and the employee's
paid leave credits shall be restored to the extent of any concurrent
bereavement leave granted.
17.03 Maternity Leave without Pay
-
An employee who becomes pregnant shall, upon request, be granted maternity
leave without pay for a period beginning before, on or after the termination
date of pregnancy and ending not later than eighteen (18) weeks after the
termination date of pregnancy.
-
Notwithstanding paragraph (a):
- where the employee has not yet proceeded on
maternity leave without pay and her newborn child is hospitalized,
or
- where the employee has proceeded on
maternity leave without pay and then returns to work for all or part of the
period during which her newborn child is hospitalized,
the
period of maternity leave without pay defined in paragraph (a) may be extended
beyond the date falling eighteen (18) weeks after the date of termination of
pregnancy by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on maternity leave, to a maximum
of eighteen (18) weeks.
- The extension described in paragraph (b) shall end not later than fifty-two (52)
weeks after the termination date of pregnancy.
- The Employer may require an employee
to submit a medical certificate certifying pregnancy.
- An employee who has not commenced maternity leave without pay may elect to:
- use earned vacation and compensatory leave
credits up to and beyond the date that her pregnancy terminates;
- use her sick leave credits up to and
beyond the date that her pregnancy terminates, subject to the provisions set
out in Article 16, Sick Leave. For purposes of this subparagraph, the terms "illness"
or "injury" used in Article 16, Sick Leave, shall include medical
disability related to pregnancy.
- An employee shall inform the Employer in writing of her plans for taking leave
with and without pay to cover her absence from work due to the pregnancy at
least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there
is a valid reason why the notice cannot be given.
- Leave granted under this clause shall be counted for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
be counted for pay increment purposes.
17.04 Maternity Allowance
- An employee who has been granted maternity leave without pay shall be paid a
maternity allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided
that she:
- has completed six (6) months of continuous
employment before the commencement of her maternity leave without pay,
- provides the Employer with proof that she
has applied for and is in receipt of maternity benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
- has signed an agreement with the Employer
stating that:
- she will return to work on the expiry date of her maternity leave without pay
unless the return to work date is modified by the approval of another form of
leave;
- following her return to work, as described in section (A), she will work for a
period equal to the period she was in receipt of maternity allowance;
- should she fail to return to work in accordance with section (A), or should she
return to work but fail to work for the total period specified in section (B),
for reasons other than death, lay-off, early termination due to lack of work or
discontinuance of a function of a specified period of employment that would
have been sufficient to meet the obligations specified in section (B), or
having become disabled as defined in the
Public Service Superannuation Act, she will be indebted to the Employer for
an amount determined as follows:
However, an employee whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
her new period of employment is sufficient to meet the obligations specified in
section (B).
- For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Maternity allowance payments made in accordance with the SUB Plan will consist
of the following:
- where an employee is subject to a waiting
period of two (2) weeks before receiving Employment Insurance maternity
benefits, ninety-three per cent (93%) of her weekly rate of pay and the
recruitment and retention "terminable allowance" for each week of the
waiting period, less any other monies earned during this period,
and
- for each week that the employee receives a
maternity benefit under the Employment Insurance or the Québec Parental
Insurance Plan, she is eligible to receive the difference between ninety-three
per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable
allowance" and the maternity benefit, less any other monies earned during
this period which may result in a decrease in her maternity benefit to which
she would have been eligible if no extra monies had been earned during this
period.
- At the employee's request, the payment referred to in subparagraph 17.04(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance or Québec
Parental Insurance Plan maternity benefits.
- The maternity allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee will not be reimbursed for any amount
that she may be required to repay pursuant to the Employment Insurance Act or
the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity leave without pay,
- for an employee who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6) month
period preceding the commencement of maternity leave, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained
by dividing the employee's straight time earnings by the straight-time earnings
the employee would have earned working full-time during such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate and the
recruitment and retention "terminable allowance" to which the
employee is entitled for her substantive level to which she is appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of maternity leave without pay an
employee has been on an acting assignment for at least four (4) months, the
weekly rate shall be the rate and the recruitment and retention "terminable
allowance" she was being paid on that day.
**
- Where an employee becomes eligible for a
pay increment or pay revision that would increase the maternity allowance, the
allowance shall be adjusted accordingly.
- Maternity allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
17.05 Special Maternity Allowance for Totally Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 17.04(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving
Employment Insurance or Québec Parental Insurance Plan maternity benefits;
and
- has
satisfied all of the other eligibility criteria specified in paragraph 17.04(a),
other than those specified in sections (A) and (B) of subparagraph 17.04(a)(iii);
shall
be paid, in respect of each week of maternity allowance not received for the
reason described in subparagraph 17.05(a)(i), the difference between ninety-three
per cent (93%) of her weekly rate of pay and recruitment and retention "terminable
allowance", and the gross amount of her weekly disability benefit under
the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
- An employee shall be paid an allowance under this clause and under clause 17.04
for a combined period of no more than the number of weeks during which she
would have been eligible for maternity benefits under the Employment Insurance
or the Québec Parental Insurance Plan had she not been disqualified from
Employment Insurance or Québec Parental Insurance Plan maternity benefits for
the reasons described in subparagraph 17.05(a)(i).
17.06 Parental Leave without Pay
- Where an employee has or will have the
actual care and custody of a new-born child (including the new-born child of a
common-law partner), the employee shall, upon request, be granted parental
leave without pay for a single period of up to thirty-seven (37) consecutive
weeks in the fifty-two (52) week period beginning on the day on which the child
is born or the day on which the child comes into the employee's care.
- Where an employee commences legal proceedings under the laws of a province to
adopt a child or obtains an order under the laws of a province for the adoption
of a child, the employee shall, upon request, be granted parental leave without
pay for a single period of up to thirty-seven (37) consecutive weeks in the
fifty-two week (52) period beginning on the day on which the child comes into
the employee's care.
- Notwithstanding paragraphs (a) and (b) above, at the request of an employee and
at the discretion of the Employer, the leave referred to in the paragraphs (a)
and (b) above may be taken in two periods.
- Notwithstanding paragraphs (a) and
(b):
- where the employee's child is hospitalized
within the period defined in the above paragraphs, and the employee has not yet
proceeded on parental leave without pay,
or
- where the employee has proceeded on
parental leave without pay and then returns to work for all or part of the
period during which his or her child is hospitalized,
the
period of parental leave without pay specified in the original leave request
may be extended by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on parental leave. However,
the extension shall end not later than one hundred and four (104) weeks after
the day on which the child comes into the employee's care.
- An employee who intends to request parental leave without pay shall notify the
Employer at least four (4) weeks in advance of the commencement date of such
leave.
- The Employer may:
- defer the commencement of parental leave
without pay at the request of the employee;
- grant the employee parental leave without
pay with less than four (4) weeks' notice;
- require an employee to submit a birth
certificate or proof of adoption of the child.
- Leave granted under this clause shall count for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
count for pay increment purposes.
17.07 Parental Allowance
- An employee who has been granted parental leave without pay, shall be paid a
parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing
he or she:
- has completed six (6) months of continuous
employment before the commencement of parental leave without pay,
- provides
the Employer with proof that he or she has applied for and is in receipt of
parental, paternity or adoption benefits under the Employment Insurance or the
Québec Parental Insurance Plan in respect of insurable employment with the
Employer,
and
- has signed an agreement with the Employer
stating that:
- the employee will return to work on the expiry date of his or her parental
leave without pay, unless the return to work date is modified by the approval
of another form of leave;
- following his or her return to work, as
described in section (A), the employee will work for a period equal to the
period the employee was in receipt of the parental allowance, in addition to
the period of time referred to in section 17.04(a)(iii)(B), if applicable;
- should he or she fail to return to work in accordance with section (A) or
should he or she return to work but fail to work the total period specified in
section (B), for reasons other than death, lay-off, early termination due to
lack of work or discontinuance of a function of a specified period of
employment that would have been sufficient to meet the obligations specified in
section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to
the Employer for an amount determined as follows:
However, an employee whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
his or her new period of employment is sufficient to meet the obligations
specified in section (B).
- For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay
shall count as time worked. Periods of leave without pay during the employee's
return to work will not be counted as time worked but shall interrupt the
period referred to in section (a)(iii)(B), without activating the recovery
provisions described in section (a)(iii)(C).
- Parental Allowance payments made in accordance with the SUB Plan will consist of
the following:
- where
an employee is subject to a waiting period of two (2) weeks before receiving
Employment Insurance parental benefits, ninety-three per cent (93%) of his or
her weekly rate of pay and the recruitment and retention "terminable allowance",
for each week of the waiting period, less any other monies earned during this
period;
- for each week the employee receives
parental, adoption or paternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan, he or she is eligible to receive the difference
between ninety-three per cent (93%) of his or her weekly rate of pay and the
recruitment and retention "terminable allowance" and the parental,
adoption or paternity benefit, less any other monies earned during this period
which may result in a decrease in his or her parental, adoption or paternity
benefit to which he or she would have been eligible if no extra monies had been
earned during this period;
- where an employee has received the full
eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of
parental benefit under the Québec Parental Insurance Plan and thereafter
remains on parental leave without pay, she is eligible to receive a further
parental allowance for a period of two (2) weeks, ninety-three per cent (93%)
of her weekly rate of pay and the recruitment and retention "terminable
allowance" for each week, less any other monies earned during this period.
- At the employee's request, the payment referred to in subparagraph 17.07(c)(i)
will be estimated and advanced to the employee. Adjustments will be made once
the employee provides proof of receipt of Employment Insurance or Québec
Parental Insurance Plan parental benefits.
- The parental allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee will not be reimbursed for any amount
that he or she is required to repay pursuant to the Employment Insurance Act
or the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph (c) shall
be:
- for a full-time employee, the employee's
weekly rate of pay on the day immediately preceding the commencement of
maternity or parental leave without pay;
- for an employee who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6) month
period preceding the commencement of maternity or parental leave without pay,
the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by
the fraction obtained by dividing the employee's straight time earnings by the
straight- time earnings the employee would have earned working full-time during
such period.
- The weekly rate of pay referred to in paragraph (f) shall be the rate and the
recruitment and retention "terminable allowance" to which the
employee is entitled for the substantive level to which she or he is appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the
day immediately preceding the commencement of parental leave without pay an
employee is performing an acting assignment for at least four (4) months, the
weekly rate shall be the rate and the recruitment and retention "terminable
allowance", the employee was being paid on that day.
**
- Where an employee becomes eligible for a pay increment or pay revision that
would increase the parental allowance, the allowance shall be adjusted
accordingly.
- Parental allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
**
- The maximum combined, shared maternity and parental allowances payable under
this Collective Agreement shall not exceed fifty-two (52) weeks for each
combined maternity and parental leave without pay.
17.08 Special Parental Allowance for Totally Disabled Employees
- An employee who:
- fails
to satisfy the eligibility requirement specified in subparagraph 17.07(a)(ii)
solely because a concurrent entitlement to benefits under the Disability
Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the
Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act
prevents the employee from receiving Employment Insurance or Québec Parental
Insurance Plan benefits;
and
- has satisfied all of the other eligibility
criteria specified in subparagraph 17.07(a), other than those specified in
sections (A) and (B) of subparagraph 17.07(a)(iii);
shall
be paid, in respect of each week of benefits under the parental allowance not
received for the reason described in subparagraph 17.08(a)(i), the difference
between ninety-three per cent (93%) of the employee's rate of pay and the
recruitment and retention "terminable allowance", and the gross
amount of his or her weekly disability benefit under the DI Plan, the LTD Plan
or via the Government Employees
Compensation Act.
- An employee shall be paid an allowance under this clause and under clause 17.07
for a combined period of no more than the number of weeks during which the
employee would have been eligible for parental, paternity or adoption benefits
under the Employment Insurance or the Québec Parental Insurance Plan, had the
employee not been disqualified from Employment Insurance or Québec Parental
Insurance Plan benefits for the reasons described in subparagraph 17.08(a)(i).
**
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:
- (a)
For the purpose of this clause,
immediate family is defined as spouse (or common-law partner resident with the
employee), children (including foster children or children of spouse or common-law
partner) parents (including stepparents or foster parent) or any relative
permanently residing in the employee's household or with whom the employee
permanently resides;
- (b)
an employee shall notify the Employer in
writing as far in advance as possible but not less than four (4) weeks in
advance of the commencement date of such leave, unless such notice cannot be
given, because of an urgent or unforeseeable circumstance;
- (c)
leave granted under this clause shall be
for a minimum period of three (3) weeks;
- (d)
the total leave granted under this clause shall not exceed five (5) years
during an employee's total period of employment in the public service;
- (e)
leave granted under this clause for a
period of more than three (3) months shall be deducted from the calculation of
continuous employment for the purposes of calculating severance pay and from
the calculation of "service" for the purposes of calculating vacation
leave;
- (f)
time spent on such leave for more than
three (3) months shall not be counted for pay increment purposes;
- (g) Transitional provisions
- (i) An employee who, on the date of signature
of this Agreement, is on Leave Without Pay for the Care and Nurturing of the
employee's Pre-School Age Children or on Leave Without Pay for the Long-Term
Care of a Parent under the terms of the agreement expired on 30 September 2007,
continues on that leave for the approved duration or until the employee's
return to work, if the employee returns to work before the end of the approved
leave.
- (ii) An employee who becomes a member of the
bargaining unit on or after the date of signature of this Agreement and who is
on Leave Without Pay for the Care and Nurturing of the employee's Pre-school
Age Children or on Leave Without Pay for the Long-Term Care of a Parent under
the terms of another agreement, continues on that leave for the approved
duration or until the employee's return to work, if the employee returns to
work before the end of the approved leave.
- (iii) All leave granted under Leave Without Pay
for the Care and Nurturing of the employee's Pre-school Age Children or under
Leave Without Pay for the Long-Term Care of a Parent under the terms of
agreements other than the present agreement will not count towards the
calculation of the maximum amount of time allowed for Care of Immediate Family
during an employee's total period of employment in the public service.
- (iv) This article is also applicable to
employees who have been granted Leave Without Pay for the Care and Nurturing of
the employee's Pre-School Age Children or Leave Without Pay for the Long-Term
Care of a Parent before the signature of the present agreement and have
proceeded on leave on or after the date of signature of this Agreement.
17.10 Leave Without Pay for
Personal Needs
Leave without pay will be granted for personal needs, in the
following manner:
- Subject
to operational requirements, leave without pay for a period of up to three (3) months
will be granted to an employee for personal needs.
- Subject
to operational requirements, leave without pay of more than three (3) months
but not exceeding one (1) year will be granted to an employee for personal
needs.
- An
employee is entitled to leave without pay for personal needs only once under
each of (a) and (b) of this clause during the employee's total period of
employment in the public service. Leave without pay granted under this clause
may not be used in combination with maternity, parental or adoption leave
without the consent of the Employer.
- Leave
granted under (a) of this clause shall be counted for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
be counted for pay increment purposes.
- Leave
without pay granted under (b) of this clause shall be deducted from the
calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating vacation
leave for the employee involved. Time spent on such leave shall not be counted
for pay increment purposes.
17.11 Leave Without Pay for
Relocation of Spouse
- At the request of an employee, leave without pay for a
period of up to one (1) year shall be granted to an employee whose spouse is
permanently relocated and up to five (5) years to an employee whose spouse is
temporarily relocated.
- Leave
without pay granted under this clause shall be deducted from the calculation of
"continuous employment" for the purpose of calculating severance pay
and "service" for the purpose of calculating vacation leave for the
employee involved except where the period of such leave is less than three (3) months.
Time spent on such leave which is for a period of more than three (3) months
shall not be counted for pay increment purposes.
17.12 Leave With Pay for Family-Related
Responsibilities
- For
the purpose of this clause, family is defined as spouse (or common-law partner
resident with the employee), children (including children of legal or common-law
partner), parents (including step-parents or foster parents), or any relative
permanently residing in the employee's household or with whom the employee
permanently resides.
- The
Employer shall grant leave with pay under the following circumstances:
- an employee is expected to make every
reasonable effort to schedule medical or dental appointments for family members
to minimize or preclude the employee's absence from work; however, when
alternate arrangements are not possible an employee shall be granted leave with
pay for a medical or dental appointment when the family member is incapable of
attending the appointment without accompaniment, or for appointments with
appropriate authorities in schools or adoption agencies. An employee requesting
leave under this provision must notify the employee's supervisor of the
appointment as far in advance as possible;
- to provide for the immediate and temporary
care of a sick or elderly member of the employee's family and to provide an
employee with time to make alternate care arrangements where the illness is of
a longer duration;
- leave with pay for needs directly related
to the birth or to the adoption of the employee's child.
- The total leave with pay which may be granted under subparagraphs 17.12(b)(i), (ii) and (iii) shall not
exceed thirty-seven decimal five (37.5) hours in a fiscal year.
17.13 Court Leave With Pay
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:
- to
be available for jury selection;
- to
serve on a jury;
or
- by
subpoena or summons to attend as a witness in any proceeding, except for a
proceeding in which the employee is a party, held:
**
- in or under the authority of a court of
justice;
- before a court, judge, justice, magistrate
or coroner;
- before the Senate or House of Commons of
Canada or a committee of the Senate or House of Commons otherwise than in the
performance of the duties of the employee's position;
- before a legislative council, legislative
assembly or house of assembly, or any committee thereof that is authorized by
law to compel the attendance of witnesses before it;
or
- before an arbitrator or umpire or a person
or body of persons authorized by law to make an inquiry and to compel the
attendance of witnesses before it.
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:
- personal
injury accidentally received in the performance of the employee's duties and
not caused by the employee's willful misconduct,
- sickness
resulting from the nature of the employee's employment,
or
- exposure
to hazardous conditions in the course of the employee's employment,
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.
17.16 Examination Leave
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.
17.17 Volunteer Leave
- Subject to operational
requirements as determined by the Employer and with an advance notice of at
least five (5) working days, the employee shall be granted, in each fiscal
year, a single period of up to seven decimal five (7.5) hours of leave with pay
to work as a volunteer for a charitable or community organisation or activity,
other than for activities related to the Government
of Canada Workplace Charitable Campaign.
- The leave will be scheduled at a time
convenient to both the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leave at such time as the
employee may request.
17.18 Maternity-related Reassignment or Leave
- An employee who is pregnant or nursing
may, during the period from the beginning of pregnancy to the end of the twenty-fourth
(24th) week following the birth, request the Employer to modify her job
functions or reassign her to another job if, by reason of the pregnancy or
nursing, continuing any of her current functions may pose a risk to her health
or that of the foetus or child.
- An employee's request under paragraph 17.18(a)
above must be accompanied or followed as soon as possible by a medical
certificate indicating the expected duration of the potential risk and the
activities or conditions to avoid in order to eliminate the risk. Dependent
upon the particular circumstances of the request, the Employer may obtain an
independent medical opinion.
- An employee who has made a request under paragraph 17.18(a) above is entitled
to continue in her current job while the Employer examines her request, but, if
the risk posed by continuing any of her job functions so requires, she is
entitled to be immediately assigned alternative duties until such time as the
Employer:
- modifies
her job functions or reassigns her,
or
- informs
her in writing that it is not reasonably practicable to modify her job
functions or reassign her.
- Where reasonably practicable, the
Employer shall modify the employee's job functions or reassign her.
- Where the Employer concludes that a
modification of job functions or a reassignment that would avoid the activities
or conditions indicated in the medical certificate is not reasonably
practicable, the Employer shall so inform the employee in writing and shall
grant leave of absence without pay to the employee for the duration of the risk
as indicated in the medical certificate. However, such leave shall end no later
than twenty-four (24) weeks after the birth.
- An employee whose job functions have
been modified, who has been reassigned or who is on leave of absence shall give
at least two (2) weeks notice in writing to the Employer of any change in
duration of the risk or the inability as indicated in the original medical
certificate, unless there is a valid reason why that notice cannot be given.
Such notice must be accompanied by a new medical certificate.
17.19 Medical Appointment for Pregnant Employees
- Up to three decimal seven five (3.75)
hours of time off with pay will be granted to pregnant employees for the
purpose of attending routine medical appointments.
- Where a series of continuing
appointments are necessary for the treatment of a particular condition relating
to the pregnancy, absences shall be charged to sick leave.
17.20 Other Leave With Pay
- At
its discretion, the Employer may grant leave with pay for purposes other than
those specified in this Agreement, including military or civil defence
training, emergencies affecting the community or place of work, and when
circumstances not directly attributable to the employee prevent the employee
reporting for duty.
- Personal Leave
- Subject to operational requirements as
determined by the Employer and with an advance notice of at least five (5) working
days, the employee shall be granted, in each fiscal year, a single period of up
to seven decimal five (7.5) hours of leave with pay for reasons of a personal
nature.
- The leave will be scheduled at a time
convenient to both the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leave at such time as the
employee may request.
17.21 Other Leave Without
Pay
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.
17.22 Religious
Observance
- The
Employer shall make every reasonable effort to accommodate an employee who
requests time off to fulfill his or her religious obligations.
- Employees
may, in accordance with the provisions of this Agreement, request annual leave,
compensatory leave, leave without pay for other reasons or a shift exchange (in
the case of a shift worker) in order to fulfill their religious obligations.
- Notwithstanding
paragraph 17.22(b), at the request of the employee and at the discretion of the
Employer, time off with pay may be granted to the employee in order to fulfill
his or her religious obligations. The number of hours with pay so granted must
be made up hour for hour within a period of six (6) months, at times agreed to
by the Employer. Hours worked as a result of time off granted under this clause
shall not be compensated nor should they result in any additional payments by
the Employer.
- An
employee who intends to request leave or time off under this article must give
notice to the Employer as far in advance as possible but no later than four (4)
weeks before the requested period of absence, unless, because of unforeseeable
circumstances, such notice cannot be given.
General
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.
Education
Leave
18.02
- An employee may be granted education leave without pay for varying periods up
to one (1) year, which can be renewed by mutual agreement, to attend a
recognized institution for additional or special studies in some field of
education in which special preparation is needed to enable the employee to
perform assigned duties more adequately, or to undertake studies in some field
in order to provide a service which the Employer requires or is planning to
provide.
- An employee on Education Leave without pay under this clause shall receive an
allowance in lieu of salary of up to one hundred per cent (100%) of the
employee's basic salary. The percentage of the allowance is at the discretion
of the Employer. Where the employee receives a grant, bursary or scholarship,
the education leave allowance may be reduced. In such cases, the amount of the
reduction shall not exceed the amount of the grant, bursary or scholarship.
- Allowances already being received by the
employee may, at the discretion of the Employer, be continued during the period
of the education leave. The employee shall be notified when the leave is
approved whether such allowances are to be continued in whole or in part.
- As a condition to the granting of education leave, an employee shall, if
required, give a written undertaking prior to the commencement of the leave to
return to the service of the Employer for a period of not less than the period
of the leave granted. If the employee, except with the permission of the
Employer:
- fails to complete the course,
- does not resume employment with the
Employer on completion of the course,
or
- ceases to be employed, except by reason
of death or lay-off, before termination of the period the employee has
undertaken to serve after completion of the course,
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.
Attendance at
Conferences and Conventions
18.03
- Career development
refers to an activity which is, in the opinion of the Employer, likely to be of
assistance to the employee in furthering his career development and to the
organization in achieving its goals. The following activities shall be deemed
to be part of career development:
- a course given by the Employer;
- a course offered by a recognized academic
institution;
- a seminar, convention or study session in
a specialized field directly related to the employee's work.
- The parties to this Agreement recognize that attendance or participation at
conferences, conventions, symposia, workshops and other gatherings of a similar
nature contributes to the maintenance of high professional standards.
- In order to benefit from an exchange of knowledge and experience, an employee
shall have the opportunity on occasion to attend conferences and conventions
which are related to the employee's field of specialization, subject to operational
constraints.
- The Employer may grant leave with pay and reasonable expenses including
registration fees to attend such gatherings, subject to budgetary and
operational constraints.
- An employee who attends a conference or convention at the request of the
Employer to represent the interests of the Employer shall be deemed to be on
duty and, as required, in travel status. The Employer shall pay the
registration fees of the convention or conference the employee is required to
attend.
- An employee invited to participate in a conference or
convention in an official capacity, such as to present a formal address or to
give a course related to the employee's field of employment, may be granted
leave with pay for this purpose and may, in addition, be reimbursed for payment
of convention or conference registration fees and reasonable travel expenses.
- An employee shall not be entitled to any compensation under Article 9,
Overtime, and 13, Travelling Time, in respect of hours the employee is in
attendance at or travelling to or from a conference or convention under the
provisions of this clause, except as provided by paragraph (e).
Professional
Development
18.04
- The parties to this Agreement share a desire to improve professional standards
by giving the employees the opportunity on occasion:
- to participate in workshops, short courses
or similar out-service programs to keep up to date with knowledge and skills in
their respective fields,
- to conduct research or perform work
related to their normal research programs in institutions or locations other
than those of the Employer,
- to carry out research in the employee's
field of specialization not specifically related to assigned work projects when
in the opinion of the Employer such research is needed to enable the employee
to perform the employee's assigned role.
- Subject to the Employer's approval an employee shall receive leave with pay in
order to participate in the activities described in paragraph 18.04(a).
- An employee may apply at any time for professional development under this
clause, and the Employer may select an employee at any time for such
professional development.
- When an employee is selected by the Employer for professional development under
this clause the Employer will consult with the employee before determining the
location and duration of the program of work or studies to be undertaken.
- An employee selected for professional
development under this clause shall continue to receive the employee's normal
compensation including any increase for which the employee may become eligible.
The employee shall not be entitled to any compensation under Articles 9,
Overtime, and 13, Travelling Time, while on professional development under this
clause.
- An employee on professional development under this clause may be reimbursed for
reasonable travel expenses and such other additional expenses as the Employer
deems appropriate.
Selection
Criteria
18.05
-
Should the Employer establish selection criteria for granting leave under
clauses 18.02 through 18.04 for a specified group, a copy of these criteria
will be provided to an employee who so requests and to the Institute
Representative on the Departmental Career Development Consultation Committee.
The Employer, on request, will consult with the Institute Representative on the
Committee with regard to the selection criteria.
- All applications for leave under clauses 18.02 through 18.04 will be reviewed
by the Employer. A list of the names of the applicants to whom the Employer
grants leave under clauses 18.02 through 18.04 will be provided to the
Institute Representative on the Departmental Career Development Consultation
Committee.
Departmental
Career Development Consultation Committee
18.06
- The parties to this Collective Agreement acknowledge the mutual benefits to be
derived from consultation on Career Development. To this effect the parties
agree that such consultation will be held at the departmental level either
through the existing Joint Consultation Committee or through the creation of a
Departmental Career Development Consultation Committee. A consultation
committee as determined by the parties, may be established at the local,
regional or national level.
- The Departmental Consultation Committee 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.
- Employees forming the continuing membership of the Departmental 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.
- The Employer recognizes the use of such committees for the purpose of providing
information, discussing the application of policy, promoting understanding and
reviewing problems.
- It is understood that no commitment may be made by either party on a subject
that is not within their authority or jurisdiction, nor shall any commitment
made be construed as to alter, amend, add to or modify the terms of this
Agreement.
Joint
Institute/Treasury Board Career Development Committee
18.07
- In addition to consultation on career
development at the departmental level referred to in clause 18.06, the
representatives of the Employer and the Institute agree to establish a joint
Institute/Treasury Board Career Development Committee.
- In establishing this committee, it is understood by the parties that Departments
are responsible for the application of the policies related to Career
Development.
- It is understood that no commitment may be made by either party on a subject
that is not within their authority or jurisdiction, nor shall any commitment
made be construed as to alter, amend, add to or modify the terms of this
Agreement.
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:
Lay-Off
-
- On the first lay-off, two (2) weeks' pay
for the first complete year of continuous employment and one (1) week's pay for
each additional complete year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and sixty-five
(365).
- On second or subsequent lay-off, one (1) week's
pay for each complete year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and sixty-five
(365), less any period in respect of which the employee was granted Severance
Pay under subparagraph 19.01(a)(i) above.
Resignation
-
On resignation, subject to paragraph 19.01(c) and with ten (10) or more years
of continuous employment, one-half (1/2) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous
employment, one-half (1/2) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), up to a
maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks'
pay.
Retirement
- On retirement, when an employee is
entitled to an immediate annuity or to an immediate annual allowance under the Public Service Superannuation Act, a
severance payment in respect of the employee's complete period of continuous
employment, comprising of one (1) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), to a maximum of
thirty (30) weeks' pay.
Death
-
If an employee dies, there shall be paid to the employee's estate a severance
payment in respect of the employee's complete period of continuous employment,
comprising of one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1)
week's pay multiplied by the number of days of continuous employment divided by
three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay,
regardless of any other benefit payable.
Termination
for Cause for Reasons of Incapacity or Incompetence
-
- When an employee has completed more than
one (1) year of continuous employment and ceases to be employed by reason of
termination for cause for reasons of incapacity pursuant to section 12(1)(e) of
the Financial Administration Act, one
(1) week's pay for each complete year of continuous employment and in the case
of a partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and sixty-five
(365), with a maximum benefit of twenty-eight (28) weeks.
- When an employee has completed more than
ten (10) years of continuous employment and ceases to be employed by reasons of
termination for cause of reasons of incompetence pursuant to section 12(1)(d)
of the Financial Administration Act,
one (1) week's pay for each complete year of continuous employment and in the
case of a partial year of continuous employment, one (1) week's pay multiplied
by the number of days of continuous employment divided by three hundred and
sixty-five (365), with a maximum benefit of twenty-eight (28) weeks.
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:
- the
introduction by the Employer of equipment or material of a substantially
different nature than that previously utilized which will result in significant
changes in the employment status or working conditions of employees;
or
- a
major change in the Employer's operation directly related to the introduction
of that equipment or material which will result in significant changes in the
employment status or working conditions of the employees.
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:
- the
nature and degree of change;
- the
anticipated date or dates on which the Employer plans to effect change;
- the
location or locations involved.
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:
- the
approximate number, class and location of employees likely to be affected by
the change;
- the
effect the change may be expected to have on working conditions or terms and
conditions of employment on employees.
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.
Access
by an Institute Representative
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.
Bulletin Boards
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.
Institute
Literature
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.
Leave for Stewards
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
Complaints
Made to the Public Service Labour Relations Board Pursuant to Section 190(1) of
the Public Service Labour Relations Act
Where operational requirements permit, in cases of complaints made to the Public
Service Labour Relations Board pursuant to section 190(1) of the PSLRA alleging
a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187,
188(a) or 189(1) of the PSLRA, the Employer will grant leave with pay:
- to an employee who makes a complaint before the Public Service Labour Relations
Board,
and
- to an employee who acts on behalf of an employee making a complaint, or who
acts on behalf of the Institute making a complaint.
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:
-
to an employee who represents the Institute in an application for certification
or in an intervention,
and
- to an employee who makes personal representations with respect to a
certification.
31.03
Employee Called as a Witness
The Employer will grant leave with pay:
- to an employee called as a witness by the Public Service Labour Relations
Board,
and
- where operational requirements permit, to an employee called as a witness by an
employee or the Institute.
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:
- a party to an adjudication,
or
- the representative of an employee who is a party to an adjudication,
or
- a witness called by an employee who is party to an adjudication.
31.07
Meetings During the Grievance Process
Employee
Presenting Grievance
Where operational requirements permit, the
Employer will grant to an employee:
- where the Employer originates a meeting with the employee who has presented the
grievance, leave with pay when the meeting is held in the headquarters area of
such employee and on duty status when the meeting is held outside the
headquarters area of such employee;
and
- where an employee who has presented a grievance seeks to meet with the
Employer, leave with pay to the employee 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.
31.08
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
- Where operational requirements permit, the Employer will grant leave without
pay to employees appointed as Stewards by the Institute, to undertake training
sponsored by the Institute related to the duties of a Steward.
- Where operational requirements permit, the Employer will grant leave with pay
to employees appointed as Stewards by the Institute, to attend training
sessions concerning Employer-employee relations sponsored by the Employer.
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:
- by the interpretation or application, in respect of the employee, of
- a provision of a statute or regulation, or
of a direction or other instrument made or issued by the Employer, that deals
with terms and conditions of employment; or
- a provision of the collective agreement or
an arbitral award; or
- as a result of any occurrence or matter affecting his or her terms and
conditions of employment.
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.
- In order to present a group grievance, the Institute must first obtain the
written consent of each of the employees concerned.
- A group grievance must relate to employees in a single portion of the Federal
Public Administration.
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
- For the purposes of this article, a grievor is an employee or, in the case of a
group or policy grievance, a steward, Institute staff person or other
authorized representative appointed by the Institute.
- No person shall seek by
intimidation, by threat of dismissal or by any other kind of threat to cause a
grievor to abandon a grievance or refrain from exercising the right to present
a grievance, as provided in this Collective Agreement.
- The parties recognize the value of informal discussion between employees and their
supervisors and between the Institute and the Employer to the end that problems
might be resolved without recourse to a formal grievance. When notice is given
that an employee or the Institute, within the time limits prescribed in clause
35.12, wishes to take advantage of this clause, it is agreed that the period
between the initial discussion and the final response shall not count as
elapsed time for the purpose of grievance time limits.
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:
- forward the grievance to the
representative of the Employer authorized to deal with grievances at the
appropriate step,
and
- provide the grievor with a receipt stating the date on which the grievance was
received.
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:
- where there is another administrative
procedure provided by or under any Act of Parliament to deal with the grievor's
specific complaint such procedure must be followed,
and
- where the grievance relates to the
interpretation or application of this Collective Agreement or an arbitral
award, an employee is not entitled to present the grievance unless he has the
approval of and is represented by the Institute.
35.09 There shall be three (3) steps in the
grievance procedure. These levels shall be as follows:
- Step 1 -
first level of management;
- Step 2 -
intermediate level;
- Final Step -
Chief Executive or an authorized representative.
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:
- where the decision or settlement is not
satisfactory to the grievor, within ten (10) days after that decision or
settlement has been conveyed in writing to the grievor by the Employer,
or
- where the Employer has not conveyed a
decision to the grievor within the time prescribed in clause 35.14, within
fifteen (15) days after presentation by the grievor of the grievance at the
previous step.
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:
- the grievance may be presented at the
final step only,
and
- the twenty (20) day time limit within which the Employer is to reply at the
final step may be extended to a maximum of forty (40) days by mutual agreement
of the Employer and the appropriate representative of the Institute.
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:
- the interpretation or application of a provision of this Collective Agreement
or related arbitral award,
or
- termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or
(e) of the Financial Administration Act,
or
- disciplinary action resulting in suspension or financial penalty,
and the grievance has not been resolved, it
may be referred to adjudication in accordance with the provisions of the Public
Service Labour Relations Act and Regulations.
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:
- its approval of the reference of the grievance to adjudication,
and
- its willingness to represent the employee in the adjudication proceedings.
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.
- At the request of either party, a
grievance that has been referred to adjudication may be dealt with through
expedited adjudication with the consent of both parties.
- Future cases may be identified for this
process by either party, subject to the consent of the parties.
- When the parties agree that a particular
grievance will proceed through expedited adjudication, the Institute will submit
to the PSLRB the consent form signed by the grievor or the bargaining agent.
- The parties may proceed with or without
an agreed statement of facts. When the parties arrive at an agreed statement of
facts it will be submitted to the PSLRB or to the adjudicator at least forty-eight
(48) hours prior to the start of the hearing.
- No witnesses will testify.
- The adjudicator will be appointed by the
PSLRB from among any of the members of the chairperson group, or any of its
members who have had at least two (2) years experience as a member of the
Board.
- Each expedited adjudication session will
take place in Ottawa unless the parties and the PSLRB agree otherwise. The
cases will be scheduled jointly by the parties and the PSLRB, and will appear
on the PSLRB hearing schedule.
- The adjudicator will make an oral
determination at the hearing which will be recorded and initialled by the
representatives of the parties. This will be confirmed in a written
determination to be issued by the adjudicator within five (5) days of the
hearing. The parties may, at the request of the adjudicator, vary the above
conditions in a particular case.
- The adjudicator's determination will be
final and binding on all the parties, but will not constitute a precedent. The
parties agree not to refer the determination to the Federal Court.
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:
**
- Bilingualism Bonus Directive
- Commuting Assistance Directive
- First Aid to the General Public - Allowance for Employees
- Foreign Service Directives
- Isolated Posts and Government Housing Directive
- NJC Relocation Directive
- Public Service Health Care Plan Directive
- Travel Directive
- Uniforms Directive
- Occupational
Health and Safety
- Motor Vehicle Operations Directive
- Occupational Health and Safety Directive
- Pesticides Directive
During the term of this Collective Agreement, other
directives, policies or regulations may be added to the above-noted list.
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.
Joint Consultation Committee Meetings
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.
Definition
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.
General
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:
- during those periods in which employees are scheduled to perform their duties;
or
- where it may displace other leave as prescribed by this Agreement.
Designated
Holidays
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.
Overtime
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:
- on his normal work day, at the rate of time and one-half (1 1/2) for each hour
of overtime worked for the first seven decimal five (7.5) overtime hours worked
and double (2) time thereafter;
- on his first (1st) day of rest, at time and one-half (1 1/2) for each hour of
overtime worked;
- on his second (2nd) or subsequent day of rest, at double (2) time for each hour
of overtime worked. Second (2nd) or subsequent day of rest means the second or
subsequent day in an unbroken series of consecutive and contiguous calendar
days of rest;
- notwithstanding paragraph (c) above, if, in an unbroken series of consecutive
and contiguous calendar days of rest, the Employer permits the employee to work
the required overtime on a day of rest requested by the employee, then the
compensation shall be at time and one-half (1 1/2) for the first (1st) day
worked.
Vacation
Leave
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:
- when the entitlement is nine point three seven five (9.375) hours a month, zero
point two five (0.25) of the hours in his or her work week per month;
- when the entitlement is twelve point five (12.5) hours a month, zero point
three three three (0.333) of the hours in his or her work week per month;
- when the entitlement is thirteen point seven five (13.75) hours per month, zero
point three six seven (0.367) of the hours in his or her work week per month;
- when the entitlement is fourteen point three seven five (14.375) hours a month,
zero point three eight three (0.383) of the hours in his or her work week per
month;
- when the entitlement is fifteen point six two five (15.625) hours a month, zero
point four one seven (0.417) of the hours in his or her work week per month;
- when the entitlement is sixteen point eight seven five (16.875) hours a month,
zero point four five zero (0.450) of the hours in his or her work week per
month;
- when the entitlement is eighteen point seven five (18.75) hours a month, zero
point five (0.5) of the hours in his or her work week per month.
Sick
Leave
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.
Vacation
and Sick Leave Administration
40.12
- For the purposes of administration of clauses 40.10 and 40.11, where an
employee does not work the same number of hours each week, the normal work week
shall be the weekly average calculated on a monthly basis.
- An employee whose employment in any month is a combination of both full-time
and part-time employment shall not earn vacation or sick leave credits in
excess of the entitlement of a full-time employee.
Severance
Pay
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:
- a formal assessment and/or appraisal of an employee's
performance means any written assessment and/or appraisal by any supervisor of
how well the employee has performed assigned tasks during a specified period in
the past.
- formal
assessment and/or appraisals of employee performance shall be recorded on a
form prescribed by the Employer for this purpose.
- if,
during the employee performance review, either the form or instructions have
changed they shall be given to the employee.
41.02
- When
a formal assessment of an employee's performance is made, the employee
concerned must be given an opportunity to sign the assessment form in question
upon its completion to indicate that its contents have been read. An employee's
signature on his assessment form shall be considered to be an indication only
that its contents have been read and shall not indicate the employee's
concurrence with the statements contained on the form.
A copy
of the employee's assessment form shall be provided to the employee at the time
the assessment is signed by the employee.
- The
Employer's representative(s) who assesses an employee's performance must have
observed or been aware of the employee's performance for at least one-half (1/2)
of the period for which the employee's performance is evaluated.
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
- sign
the report in question to indicate that its contents have been read,
and
- submit
such written representation as the employee may deem appropriate concerning the
report and to have such written representations attached to the report.
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
- Any level in the grievance procedure shall be waived if a person hearing the
grievance is the subject of the complaint.
- If by reason of 43.02(a) a level in the grievance procedure is waived, no other
level shall be waived except by mutual agreement.
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.
General
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
Penological Factor
Designated Security level of the Penitentiary
Maximum |
Medium |
Minimum |
$2,000 |
$1,000 |
$600 |
Application
of PFA
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:
- during any period of paid leave up to a maximum of sixty (60) consecutive
calendar days,
or
- during the full period of paid leave where an employee is granted injury-on-duty
leave with pay because of an injury resulting from an act of violence from one
or more inmates.
45.10 PFA shall not form
part of an employee's salary except for the purposes of the following benefit
plans:
- Public Service Superannuation Act
- Public Service Disability Insurance Plan
- Canada Pension Plan
- Quebec Pension Plan
- Employment Insurance
- Government Employees Compensation Act
- Flying Accident Compensation Regulations
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:
- the pay specified in Appendix A for the classification of the position to which
the employee is appointed, if the classification coincides with that prescribed
in the employee's certificate of appointment,
or
- the pay specified in Appendix A for the classification prescribed in the
employee's certificate of appointment, if that classification and the
classification of the position to which the employee is appointed do not
coincide.
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.
Pay
Administration
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:
- the employee shall receive the pay increment;
- the employee's rate of pay shall be revised;
- the employee's rate of pay on appointment shall be established in accordance
with this Agreement.
Rates
of Pay
46.06
- The rates of pay set forth in Appendix A shall become effective on the dates
specified.
- Where the rates of pay set forth in Appendix A have an effective date prior to
the date of signing of this Agreement, the following shall apply:
- "retroactive period" for the
purpose of subparagraphs (ii) to (v) means the period from the effective date
of the revision up to and including the day before the collective agreement is
signed or when an arbitral award is rendered therefor;
- a retroactive upward revision in rates of
pay shall apply to employees, former employees or in the case of death, the
estates of former employees who were employees in the groups identified in
Article 26 of this Agreement during the retroactive period;
- for initial appointments made during the
retroactive period, the rate of pay selected in the revised rates of pay is the
rate which is shown immediately below the rate of pay being received prior to
the revision;
- for promotions, demotions, deployments,
transfers or acting situations effective during the retroactive period, the
rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of
Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the range,
the new rate shall be the rate of pay shown immediately below the rate of pay
being received prior to the revision;
- no payment or no notification shall be made
pursuant to paragraph 46.06(b) for one dollar ($1.00) or less.
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.
Acting
Pay
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.
- The required number of consecutive working days
referred to above is three (3) consecutive working days.
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.
The Treasury Board of Canada
Hélène Laurendeau
Josée Lefebvre
John Park
Denis De Gagné
Marc Dupuis
Geneviève Durocher
Martin J. Eley
André Fillion
Jack Vandenberg
The Professional Institute of the Public Service of Canada
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
Table Legend
- $) Effective October 1, 2006
- A) Effective October 1, 2007
- B) Effective October 1, 2008
- C) Effective October 1, 2009
- D) Effective October 1, 2010
(Arbitral Award - April 22, 2009)
AR-1 - Annual Rates of Pay (in dollars)
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 |
AR-2 - Annual Rates of Pay (in dollars)
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 |
AR-3 - Annual Rates of Pay (in dollars)
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 |
AR-4 - Annual Rates of Pay (in dollars)
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 |
AR-5 - Annual Rates of Pay (in dollars)
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 |
AR-6 - Annual Rates of Pay (in dollars)
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 |
AR-7 - Annual Rates of Pay (in dollars)
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 |
AR
Pay Notes
- The pay increment period for employees
paid in these scales of rates, other than AR-1, is twelve (12) months.
- The pay increment period for employees
paid in the AR-1 scale of rates is six (6) months, and the pay increment shall
be to a rate which is three hundred dollars ($300) higher than his former rate
provided that the last rate in the AR-1 scale of rates is not exceeded.
**
- An employee shall, on the relevant effective dates of adjustments to rates of
pay, be paid in the (A), (B), (C) or (D) scale of rates at the rate shown
immediately below his former rate except that:
- an
employee being paid for less than one (1) year in the AR-1 scale of rates shall
be paid in the new scales of rates at the same rate as his former rate of pay,
or if there is no such rate, at the minimum of the scale;
and
-
- an employee being paid for one (1) or
more years in the AR-1 scale of rates shall, effective October 1, 2007, be paid
in the (A) scale of rates at the rate of pay which is nearest to but not more
than two point three per cent (2.3%) higher than his former rate of pay
provided that the maximum rate in the appropriate scale of rates is not
exceeded;
- an employee being paid for one (1) or
more years in the AR-1 scale of rates shall, effective October 1, 2008, be paid
in the (B) scale of rates at the rate of pay which is nearest to but not more
than one point five per cent (1.5%) higher than his former rate of pay provided
that the maximum rate in the appropriate scale of rates is not exceeded;
- an employee being paid for one (1) or
more years in the AR-1 scale of rates shall, effective October 1, 2009, be paid
in the (C) scale of rates at the rate of pay which is nearest to but not more
than one point five per cent (1.5%) higher than his former rate of pay provided
that the maximum rate in the appropriate scale of rates is not exceeded;
- an employee being paid for one (1) or
more years in the AR-1 scale of rates shall, effective October 1, 2010, be paid
in the (D) scale of rates at the rate of pay which is nearest to but not more
than one point five per cent (1.5%) higher than his former rate of pay provided
that the maximum rate in the appropriate scale of rates is not exceeded;
- The pay increment
date for an employee appointed after
February 8, 1989, to a position in the bargaining unit on promotion, demotion
or from outside the public service shall be the first (1st) Monday following
the pay increment period specified in the pay notes as calculated from the date
of promotion, demotion or appointment from outside the public service.
Table Legend
- $) Effective October 1, 2006
- A) Effective October 1, 2007
- B) Effective October 1, 2008
- C) Effective October 1, 2009
- D) Effective October 1, 2010
(Arbitral Award - April 22, 2009)
Sub Group: Engineering
EN-ENG-1 - Annual Rates of Pay (in dollars)
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)
EN-ENG-2 -
Annual Rates of Pay (in dollars)
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 |
EN-ENG-3 -
Annual Rates of Pay (in dollars)
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 |
EN-ENG-4 -
Annual Rates of Pay (in dollars)
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 |
EN-ENG-5 -
Annual Rates of Pay (in dollars)
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 |
EN-ENG-6 -
Annual Rates of Pay (in dollars)
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 |
Table Legend
- $) Effective October 1, 2006
- A) Effective October 1, 2007
- B) Effective October 1, 2008
- C) Effective October 1, 2009
- D) Effective October 1, 2010
(Arbitral Award - April 22, 2009)
Sub-Group: Land Survey
EN-SUR-1 -
Annual Rates of Pay (in dollars)
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)
EN-SUR-2 -
Annual Rates of Pay (in dollars)
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 |
EN-SUR-3 -
Annual Rates of Pay (in dollars)
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 |
EN-SUR-4 -
Annual Rates of Pay (in dollars)
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 |
EN-SUR-5 -
Annual Rates of Pay (in dollars)
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 |
EN-SUR-6 -
Annual Rates of Pay (in dollars)
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 |
EN
Pay Notes
Sub-Group: Engineering
Pay Increment Administration
- The pay increment period for employees
paid in these scales of rates, other than EN-ENG-1, is twelve (12) months and
the pay increment shall be to the next higher rate in the applicable scale.
- The pay increment period for an employee paid in the EN-ENG-1 scale of rates is
six (6) months, and the pay increment shall be to a rate which is three hundred
dollars ($300) higher than his former rate, or if there is no such rate, to the
maximum of EN-ENG-1 scale of rates.
**
- An employee paid at the EN-ENG-1 scale of rates shall have his rate of pay adjusted
to a step:
- effective
October 1, 2007, in the (A) scale of rates that is nearest to but not more than
two point three per cent (2.3%) higher than his former rate of pay.
- effective
October 1, 2008, in the (B) scale of rates that is nearest to but not more than
one point five per cent (1.5%) higher than his former rate of pay.
- effective
October 1, 2009, in the (C) scale of rates that is nearest to but not more than
one point five per cent (1.5%) higher than his former rate of pay.
- effective
October 1, 2010, in the (D) scale of rates that is nearest to but not more than
one point five per cent (1.5%) higher than his former rate of pay.
- Except as provided in pay note 3, an
employee shall on the relevant effective dates of adjustments to rates of pay,
be paid in the new scale of rates at the rate shown immediately below his
former rate.
Sub-Group: Land Survey
Pay Increment Administration
- EN-SUR-1 in sixty-dollar ($60) Step Part
of Scale
- The pay increment period for employees paid
in that part of the EN-SUR-1 scale of rates identified with sixty-dollar ($60)
steps is six (6) months, and the pay increment shall be to a step which is
three hundred dollars ($300) higher than his former rate, or if there is no
such step, to the last step in the sixty-dollar ($60) part of the scale.
- EN-SUR-1 Appointed Without Prior
Experience
-
Notwithstanding pay note 1 above, an
employee appointed to the EN-SUR-1 portion of the scale, with duties and
responsibilities of EN-SUR-1, shall be advanced to the first (1st) of the five (5)
remaining rates in the scale of rates on completion of two (2) years of service
from the date of appointment to EN-SUR-1.
- EN-SUR-1 Appointed
With Prior Experience
-
Notwithstanding pay note 1, an employee paid
in the sixty-dollar ($60) step portion of the EN-SUR-1 scale who is appointed
to EN-SUR-1 with prior experience commensurate with duties and responsibilities
of EN-SUR-1, may be advanced to the first (1st) rate in the remaining portion
of the scale at such time after appointment to EN-SUR-1 as the Employer may
determine.
- Pay Increment Period
The pay increment period for employees paid:
- in
that part of EN-SUR-1 scale of rates not identified with sixty-dollar ($60)
steps,
and
- in
the scale of rates for EN-SUR-2, 3, 4, 5, and 6 is twelve (12) months. The pay
increment shall be to the next higher rate in the applicable scale.
- The pay increment period for an employee
paid in the EN-SUR-1 scale of rates is six (6) months, and the pay increment
shall be to a rate which is three hundred dollars ($300) higher than his former
rate, or if there is no such rate, to the maximum of EN-SUR-1 scale of rates.
**
- An employee paid at the EN-SUR-1 scale of rates shall have his rate of pay
adjusted to a step:
- effective
October 1, 2007, in the (A) scale of rates that is nearest to but not more than
two point three per cent (2.3%) higher than his former rate of pay.
- effective
October 1, 2008, in the (B) scale of rates that is nearest to but not more than
one point five per cent (1.5%) higher than his former rate of pay.
- effective
October 1, 2009, in the (C) scale of rates that is nearest to but not more than
one point five per cent (1.5%) higher than his former rate of pay.
- effective
October 1, 2010, in the (D) scale of rates that is nearest to but not more than
one point five per cent (1.5%) higher than his former rate of pay.
- Except as provided in pay note 6, an
employee shall on the relevant effective dates of adjustments to rates of pay,
be paid in the new scale of rates at the rate shown immediately below his
former rate.
Memorandum of Agreement Between the Treasury Board and the Professional Institute of the Public Service of Canada - Hours of Work
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:
Article 2 - Interpretation and Definitions
Clause (c) - "daily rate of pay" - shall not
apply.
Articles 9 & 13 - Overtime - Travelling Time
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).
Article 12 - Designated Paid Holidays
A designated paid holiday shall account for seven decimal
five (7.5) hours only.
Article 14 - Leave - General
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.
The Treasury Board of Canada
Hélène Laurendeau
Josée Lefebvre
The Professional Institute of the Public Service of Canada
Gary Corbett
Michel Gingras
Memorandum Of Agreement - Sea Trials
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:
-
- When an employee is scheduled to proceed to
sea beyond the harbour limits aboard a Naval Vessel, Submarine, Auxiliary
Vessel or Yardcraft for the purpose of conducting trials, repairing defects or
dumping ammunition, the employee shall be paid for all hours actually worked,
at the applicable rate of pay, i.e. at straight time for the employee's daily
hours of work and at the appropriate overtime rate for additional hours,
or
for all hours aboard, up to a maximum of
fifteen (15), at straight-time,
whichever is greater.
- In addition, an employee shall receive a
submarine trials allowance equal to twenty-five per cent (25%) of the employee's
basic hourly rate for each completed one-half (1/2) hour the employee is
required to be in a submarine.
-
- When an employee is required to be in a
submarine when it is in a closed down condition either alongside a jetty or
within a harbour, on the surface or submerged; i.e. when the pressure hull is
sealed and undergoing trials, such as vacuum tests, high pressure tests, snort
trials, battery ventilation trials or other recognized formal trials, or the
submarine is rigged for diving, the employee shall be compensated for all hours
aboard at the applicable rate of pay for all hours' worked and at the straight-time
rate for all unworked hours.
- In addition, an employee shall receive a
submarine trial allowance in accordance with paragraph 1(b).
- Upon
the request of an employee and with the approval of the Employer, the employee
may be compensated in equivalent leave with pay.
- Compensatory
leave is to be granted at the convenience of the employee where operational
requirements permit.
- Certain
provisions of the collective agreement for which an employee normally may be
eligible are inapplicable if the employee is in receipt of remuneration in
accordance with the provisions set out in this Memorandum. The articles which
do not have application to employees covered by this Memorandum are:
- Call-Back Pay;
- Reporting Pay;
- Travelling Time;
- Standby.
Signed at Ottawa, this 10th day of the month of July 2009.
The Treasury Board of Canada
Hélène Laurendeau
Josée Lefebvre
The Professional Institute of the Public Service of Canada
Gary Corbett
Michel Gingras
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
- In an
effort to reduce retention and recruitment problems, the Employer will provide
an allowance to incumbents of AR positions for the performance of AR duties in
the Architecture, Engineering and Land Survey Group.
- The
parties agree that AR employees who perform the duties of positions identified
above shall be eligible to receive a "Terminable Allowance" in the
following amounts and subject to the following conditions:
**
- Commencing on October 1st, 2007, and ending September
30th, 2011, AR employees who perform the duties of the positions identified
above shall be eligible to receive an allowance to be paid biweekly;
- The
employee shall be paid the daily amount shown below for each calendar day for
which the employee is paid pursuant to Appendix A of the collective agreement.
This daily amount is equivalent to the annual amount set out below for each
position and level divided by two hundred and sixty decimal eight eight (260.88);
Terminable
Allowance
Terminable Allowances for the Architecture group
|
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 |
- The Terminable Allowance specified above does
not form part of an employee's salary.
- The allowance shall not be paid to or in
respect of a person who ceased to be a member of the bargaining unit prior to
the date of signing of this Agreement.
- Subject to (f) below, the amount of the
Terminable Allowance payable is that amount specified in paragraph 2(b) for the
level prescribed in the certificate of appointment of the employee's
substantive position.
- When an AR employee is required by the
Employer to perform the duties of a higher classification level in accordance
with clause 46.08, the Terminable Allowance payable shall be proportionate to
the time at each level.
- A part-time AR employee shall be paid
the daily amount shown above divided by seven decimal five (7.5), for each hour
paid at his hourly rate of pay pursuant to clause 40.03.
- An employee shall not be entitled to
the allowance for periods he is on leave without pay or under suspension.
- The parties agree that disputes arising
from the application of this Memorandum of Understanding may be subject to
consultation.
- This Memorandum of Understanding
expires on September 30th, 2011.
Signed at Ottawa, this 10th day of the month of July 2009.
The Treasury Board of Canada
Hélène Laurendeau
Josée Lefebvre
The Professional Institute of the Public Service of Canada
Gary Corbett
Michel Gingras
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
- In an
effort to reduce retention and recruitment problems, the Employer will provide
an allowance to incumbents of EN positions for the performance of EN duties in
the Architecture, Engineering and Land Survey Group.
- The parties agree that EN
employees who perform the duties of positions identified above shall be
eligible to receive a "Terminable Allowance" in the following amounts
and subject to the following conditions:
**
- Commencing on October 1st, 2007, and ending September
30th, 2011, EN employees who perform the duties of the positions identified
above shall be eligible to receive an allowance to be paid biweekly;
- The employee shall be paid the daily amount
shown below for each calendar day for which the employee is paid pursuant to
Appendix A of the collective agreement. This daily amount is equivalent to the
annual amount set out below for each position and level divided by two hundred
and sixty decimal eight eight (260.88);
Terminable Allowance
Terminable Allowances for the Engineering and Land Survey group
|
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 |
- The Terminable Allowance specified above does
not form part of an employee's salary.
- The allowance shall not be paid to or in
respect of a person who ceased to be a member of the bargaining unit prior to
the date of signing of this Agreement.
- Subject to (f) below, the amount of the
Terminable Allowance payable is that amount specified in paragraph 2(b) for the
level prescribed in the certificate of appointment of the employee's
substantive position.
- When an en employee is required by the
Employer to perform the duties of a higher classification level in accordance
with clause 46.08, the Terminable Allowance payable shall be proportionate to the
time at each level.
- A part-time EN employee shall be paid
the daily amount shown above divided by seven decimal five (7.5), for each hour
paid at his hourly rate of pay pursuant to clause 40.03.
- An employee shall not be entitled to
the allowance for periods he is on leave without pay or under suspension.
- The parties agree that disputes arising
from the application of this Memorandum of Understanding may be subject to
consultation.
- This Memorandum of Understanding
expires on September 30th, 2011.
Signed at Ottawa, this 10th day of the month of July 2009.
The Treasury Board of Canada
Hélène Laurendeau
Josée Lefebvre
The Professional Institute of the Public Service of Canada
Gary Corbett
Michel Gingras
Memorandum
of Understanding
Red Circling
General
- This
Memorandum of Understanding sets out conditions of employment respecting pay
upon reclassification for all employees whose bargaining agent is the
Professional Institute of the Public Service of Canada.
- This
Memorandum of Understanding shall remain in effect until amended or cancelled
by mutual consent of the parties.
- This
Memorandum of Understanding supersedes the Regulations respecting Pay on
Reclassification or Conversion where the Regulations are inconsistent with the
Memorandum of Understanding.
- Where
the provisions of any collective agreement differ from those set out in the
Memorandum of Understanding, the conditions set out in the Memorandum of
Understanding shall prevail.
- This
Memorandum of Understanding will form part of all collective agreements to
which the Professional Institute of the Public Service of Canada and Treasury
Board are parties, with effect from
December 13, 1981.
Part I
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.
- Prior
to a position being reclassified to a group and/or level having a lower attainable
maximum rate of pay, the incumbent shall be notified in writing.
- Downward
reclassification notwithstanding, an encumbered position shall be deemed to
have retained for all purposes the former group and level. In respect to the
pay of the incumbent, this may be cited
as Salary Protection Status and subject to paragraph 3(b) below shall apply
until the position is vacated or the attainable maximum of the reclassified
level, as revised from time to time, becomes greater than that applicable, as
revised from time to time, to the former classification level. Determination of
the attainable maxima rates of pay shall be in accordance with the Retroactive Remuneration Regulations.
-
- The Employer will make a reasonable effort
to transfer the incumbent to a position having a level equivalent to that of
the former group and/or level of the position.
- In the event that an incumbent declines an
offer of transfer to a position as in (a) above in the same geographic area,
without good and sufficient reason, that incumbent shall be immediately paid at
the rate of pay for the reclassified position.
- Employees
subject to section 3, will be considered to have transferred (as defined in the
Public Service Terms and Conditions of
Employment Regulations) for the purpose of determining increment dates
and rates of pay.
Part II
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.
- An
employee whose position has been downgraded prior to the implementation of this
memorandum and is being paid at a holding rate of pay on the effective date of
an economic increase and continues to be paid at that rate on the date
immediately prior to the effective date of a further economic increase, shall
receive a lump sum payment equal to one hundred (100%) per cent of the economic
increase for the employee's former group and level (or where a performance pay
plan applied to the incumbent, the adjustment to the attainable maximum rate of
pay) calculated on his annual rate of pay.
- An
employee who is paid at a holding rate on the effective date of an economic
increase, but who is removed from that holding rate prior to the effective date
of a further economic increase by an amount less than he would have received by
the application of paragraph 1 of Part II, shall receive a lump sum payment
equal to the difference between the amount equal to the difference between the
amount calculated by the application of paragraph 1 of Part II and any increase
in pay resulting from his removal from the holding rate.
Signed at Ottawa, this 21st day of the month of July 1982.
Workforce
Adjustment
Table of Contents
Application
This Appendix
applies to all employees.
Unless explicitly
specified, the provisions contained in Parts I to VI do not apply to
alternative delivery initiatives.
Collective agreement
With the exception
of those provisions for which the Public Service Commission (PSC) is
responsible, this Appendix is part of this Collective Agreement.
Objectives
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).
Definitions
- Accelerated
lay-off (mise
en disponibilité accélérée)
- occurs
when a surplus employee makes a request to the deputy head, in writing, to be
laid off at an earlier date than that originally scheduled, and the deputy head
concurs. Lay-off entitlements begin on the actual date of lay-off.
- Affected
employee (employé
touché)
- is an
indeterminate employee who has been informed in writing that his or her
services may no longer be required because of a workforce adjustment situation.
- Alternation (échange de postes)
- occurs when an opting employee (not a surplus 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 with a
Transition Support Measure or with an Education Allowance.
- Alternative
delivery initiative (diversification des modes de prestation des services)
- 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.
- Appointing
department or organization (ministère ou organisation d'accueil)
- is a department or
organization or agency which has agreed to appoint
or consider for appointment (either immediately or after retraining) a surplus
or a laid-off person.
- ** Core Public
Administration (administration
publique centrale)
- means
that part in or under any department or organization, or other portion of the
federal public administration specified in Schedules I and IV to the Financial Administration Act (FAA) for
which the PSC has the sole authority to appoint.
- Deputy
head (administrateur
général)
- has the same
meaning as in the definition of Deputy Head set out in section 2 of the Public Service Employment Act, and also means
his or her official designate.
- ** Education
Allowance (indemnité d'étude)
- is one of the options provided
to an indeterminate employee affected by normal workforce adjustment for whom
the deputy head cannot guarantee a reasonable job offer. The Education
Allowance is a cash payment, equal to the Transitional Support Measure (see
Annex B), plus a reimbursement of tuition from a recognized learning
institution, book and mandatory equipment costs, up to a maximum of ten
thousand dollars ($10,000).
- Guarantee
of a reasonable job offer (garantie d'une offre d'emploi raisonnable)
- is a guarantee of an offer of indeterminate
employment within the Core Public Administration provided by the deputy head to
an indeterminate employee who is affected by workforce adjustment. Deputy heads
will be expected to provide a guarantee of a reasonable job offer to those
affected employees for whom they know or can predict employment availability in
the Core Public Administration. Surplus employees in receipt of this guarantee
will not have access to the options available in Part VI of this Appendix.
- Home
department or organization (ministère ou organisation d'attache)
- is a department or organization or agency
declaring an individual employee surplus.
- Laid
off person (personne mise en disponibilité)
- is a person who has been laid off pursuant to
subsection 64(1) of the PSEA, who still retains a reappointment priority under
subsection 41(4) and section 64 of the PSEA.
- Lay-off
notice (avis
de mise en disponibilité)
- is a written notice of lay-off to be given to a surplus employee at least one
(1) month before the scheduled lay-off date. This period is included in the
surplus period.
- ** Lay-off
priority
(priorité de mise en disponibilité)
- a person who has been laid
off is entitled to a priority, in accordance with subsection 41(5) of the PSEA
with respect to any position to which the Public Service Commission (PSC) is
satisfied that the person meets the essential qualifications; the period of
entitlement to this priority is one (1) year as set out in section 11 of the
Public Service Employment Regulations (PSER).
- Opting employee
(employé optant)
- is an
indeterminate employee whose services will no longer be required because of a
workforce adjustment situation and who has not received a guarantee of a
reasonable job offer from the deputy head and who has one hundred and twenty
(120) days to consider the options of Part 6.3 of this Appendix.
- Pay (rémunération)
- has the same meaning as rate of pay
in the employee's collective agreement.
- Priority
Information Management System (système de gestion de l'information sur les priorités)
- is a system designed by the PSC to
facilitate appointments of individuals entitled to statutory and regulatory
priorities.
- ** Reasonable
job offer
(offre d'emploi raisonnable)
- is an offer of indeterminate
employment within the Core Public Administration, normally at an equal level
but could include lower levels. Surplus employees must be both trainable and
mobile. Where possible, the search for a reasonable job offer will be conducted
as follows: 1) within the employee's headquarters as defined in the Travel
Directive; 2) within forty kilometres (40 km) of the employee's place of work
or of the employee's residence whichever will ensure continued employment : and
3) beyond forty kilometres (40 km). In Alternative Delivery situations, a
reasonable offer is one that meets the criteria set out in type 1 and 2 of Part
VII of this Appendix. A reasonable job offer is also an offer from a FAA
Schedule V employer, providing that:
- The
appointment is at a rate of pay and an attainable salary maximum not less than
the employee's current salary and attainable maximum that would be in effect on
the date of offer.
- It
is a seamless transfer of all employee benefits including a recognition of
years of service for the definition of continuous employment and accrual of
benefits, including the transfer of sick leave credits, severance pay and
accumulated vacation leave credits.
- Reinstatement
priority
(priorité de réintégration)
- is an appointment priority accorded by the PSC, pursuant to the Public Service Employment
Regulations, to certain
individuals salary-protected under this Appendix for the purpose of assisting
such persons to re-attain an appointment level equal to that from which they
were declared surplus.
- Relocation (réinstallation)
- is the authorized geographic move of a surplus employee or laid-off person
from one place of duty to another place of duty, beyond what, according to
local custom, is a normal commuting distance.
- Relocation
of work unit (réinstallation d'une unité de travail)
- is
the authorized move of a work unit of any size to a place of duty beyond what,
according to local custom, is normal commuting distance from the former work
location and from the employee's current residence.
- Retraining (recyclage)
- is on-the-job training or other training
intended to enable affected employees, surplus employees and laid-off persons
to qualify for known or anticipated vacancies within the Core Public
Administration.
- Surplus
employee (employé excédentaire)
- is an indeterminate
employee who has been formally declared surplus, in writing, by his or her
deputy head.
- ** Surplus
priority (priorité d'employé excédentaire)
- is an
entitlement for a priority in appointment accorded in
accordance with section 5 of the PSER and pursuant to section 40 of the PSEA;
this entitlement is provided to surplus employees to be appointed in priority
to another position in the federal public administration for which they meet
the essential requirements.
- Surplus status (statut d'employé excédentaire)
- An
indeterminate employee is in surplus status from the date he or she is declared
surplus until the date of lay-off, until he or she is indeterminately appointed
to another position, until his or her surplus status is rescinded, or until the
person resigns.
- Transition
Support Measure (mesure de soutien à la transition)
- is one of
the options provided to an opting employee for whom the deputy head cannot
guarantee a reasonable job offer. The Transition Support Measure is a cash
payment based on the employee's years of service in the Core Public
Administration, as per Annex B.
- Twelve
(12) month surplus priority period in which to secure a reasonable job offer (Priorité d'employé
excédentaire d'une durée de douze (12) mois pour trouver 'une offre d'emploi
raisonnable)
- is one of the options provided to an opting employee
for whom the deputy head cannot guarantee a reasonable job offer.
- Workforce
adjustment (réaménagement des effectifs)
- is a situation
that occurs when a deputy head decides that the services of one or more
indeterminate employees will no longer be required beyond a specified date
because of a lack of work, the discontinuance of a function, a relocation in
which the employee does not wish to relocate or an alternative delivery
initiative.
Authorities
The PSC has endorsed
those portions of this Appendix for which it has responsibility.
Monitoring
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.
**
References
The primary
references for the subject of Workforce Adjustment are as follows:
- Financial
Administration Act
- Pay Rate Selection (Treasury Board Homepage, Organization,
Human Resource Management, Compensation and Pay Administration
- Values and Ethics Code for the Public Service, Chapter 3: Post-Employment Measures.
- Employer regulation on promotion may be found at:
http://www.laws.justice.gc.ca/en/showdoc/cr/SOR-2005-376
- Public Service
Employment Act
- Public Service Employment Regulations
- Public Service Labour
Relations Act
- Public Service
Superannuation Act
- Public Service Terms and Conditions of Employment
Regulations
- NJC Relocation Directive
- Travel Directive
**
Enquiries
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 Departments or Organizations
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:
- is
being provided a guarantee of a reasonable job offer from the deputy head and
that the employee will be in surplus status from that date on,
or
- is
an opting employee and has access to the options of section 6.3 of this
Appendix because the employee is not in receipt of a guarantee of a reasonable
job offer from the deputy head.
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
- there
are no available priority persons, or priority persons with a higher priority,
qualified and interested in the position being filled;
or
- no
available local surplus employees or laid-off persons who are interested and
who could qualify with retraining.
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:
- the
workforce adjustment situation and its effect on that individual;
- the Workforce
Adjustment Appendix;
- the
PSC's Priority Information Management System
and how it works from the employee's perspective;
- preparation
of a curriculum vitae or resume;
- the
employee's rights and obligations;
- the
employee's current situation (e.g. pay, benefits such as severance pay and
superannuation, classification, language rights, years of service);
- alternatives
that might be available to the employee (alternation, appointment, relocation,
retraining, lower-level employment, term employment, retirement including
possibility of waiver of penalty if entitled to an annual allowance, Transition
Support Measure, Education Allowance, resignation, accelerated lay-off);
- the
likelihood that the employee will be successfully appointed;
- the
meaning of a guarantee of reasonable job offer, a twelve (12) month surplus
priority period in which to secure a reasonable job offer, a Transition Support
Measure, an Education Allowance;
- the
Human Resources Centres and their services (including a recommendation that the
employee register with the nearest office as soon as possible);
- preparation
for interviews with prospective employers;
- repeat
counselling as long as the individual is entitled to a staffing priority and
has not been appointed;
and
- advising
the employee that refusal of a reasonable job offer will jeopardize both
chances for retraining and overall employment continuity.
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 The Treasury Board Secretariat
1.2.1
It is the responsibility of the Treasury Board Secretariat to:
- investigate
and seek to resolve situations referred by the PSC or other parties,
- consider
departmental or organizational requests for retraining resources, and
**
- ensure
that departments or organizations are provided to the extent possible with
information on occupations for which there are skill shortages.
**
1.3 The Public Service Commission
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:
- ensure
that priority entitlements are respected;
- ensure
that a means exists for priority persons to be assessed against vacant
positions and appointed if found qualified against the essential qualifications
of the position; and
- ensure
that priority persons are provided with information on their priority
entitlements.
1.3.2 The PSC is further willing, in
accordance with the Privacy Act, to:
- provide
the Treasury Board Secretariat with information related to the administration
of priority entitlements which may reflect on departments' or organizations'
level of compliance with this directive, and;
- provide
information to the bargaining agents on the numbers and status of their members
in the Priority Information Management System, as well as information on the
overall system.
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 Employees
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:
- actively
seeking alternative employment in co-operation with their departments or
organizations and the PSC, unless they have advised the department or
organization and the PSC, in writing, that they are not available for
appointment;
- seeking
information about their entitlements and obligations;
- providing
timely information to the home department or organization and to the PSC to
assist them in their appointment activities (including curriculum vitae or
resumes);
- ensuring
that they can be easily contacted by the PSC and appointing departments or
organizations, and attending appointments related to referrals;
- seriously
considering job opportunities presented to them (referrals within the home
department or organization, referrals from the PSC, and job offers made by departments
or organizations), including retraining and relocation possibilities, specified
period appointments and lower-level appointments.
1.4.3
Opting employees are responsible for:
- considering
the options of Part VI of this Appendix;
- communicating
their choice of options, in writing, to their manager no later than one hundred
and twenty (120)days
after being declared opting.
2.1 Department or
Organization
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 General
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 General
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:
- existing
vacancies,
or
- anticipated
vacancies identified by management.
**
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 Surplus employees
4.2.1
A surplus employee is eligible for retraining providing:
- retraining
is needed to facilitate the appointment of the individual to a specific vacant
position or will enable the individual to qualify for anticipated vacancies in
occupations or locations where there is a shortage of qualified candidates;
and
- there
are no other available priority persons who qualify for a specific vacant
position as referenced in (a) above.
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 Laid-off persons
**
4.3.1
A laid-off person shall be eligible for retraining providing:
- retraining
is needed to facilitate the appointment of the individual to a specific vacant
position;
- the
individual meets the minimum requirements set out in the relevant Selection
Standard for appointment to the group concerned; and
- there
are no other available persons with a priority who qualify for the position.
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 Lower-level position
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 General
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 Alternation
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 Options
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:
-
- Twelve (12) month surplus priority period
in which to secure a reasonable job offer: should a reasonable job offer not be
made within a period of twelve (12) months, the employee will be laid off in
accordance with the Public Service Employment Act. Employees who choose or are deemed to have
chosen this Option are surplus employees.
- At the request of the employee, this
twelve (12) month surplus priority period shall be extended by the unused
portion of the one hundred and twenty (120) day opting period referred to in
6.1.2 which remains once the employee has selected in writing Option (a).
- When a surplus employee who has chosen,
or who is deemed to have chosen, Option (a) offers to resign before the end of
the twelve (12) month surplus priority period, the deputy head may authorise a
lump-sum payment equal to the surplus employee's pay for the substantive
position for the balance of the surplus period, up to a maximum of six (6)
months. The amount of the lump sum payment for the pay in lieu cannot exceed
the maximum of that which he or she would have received had they chosen Option
(b), the Transition Support Measure.
**
- Departments or organizations will make
every reasonable effort to market a surplus employee during
the employee's surplus period within his or her preferred area of mobility
or
- Transition
Support Measure (TSM) is a cash payment, based on the employee's years of
service in the public service (see Annex B) made to an opting employee.
Employees choosing this Option must resign but will be considered to be laid-off
for purposes of severance pay
or
**
- Education
allowance is a Transitional Support Measure (see Option (b) above) plus an
amount of not more than ten thousand dollars ($10,000) for reimbursement of
receipted expenses of an opting employee for tuition from a learning
institution and costs of books and mandatory equipment.
Employees choosing
Option (c) could either:
- resign
from the Core Public Administration but be considered to be laid-off for
severance pay purposes on the date of their departure;
or
- delay
their departure date and go on leave without pay for a maximum period of two
(2) years, while attending the learning institution. The TSM shall be paid in
one or two lump-sum amounts, at the
employee's request over a maximum two (2) year period. During this period,
employees could continue to be public service benefit plan members and
contribute both employer and employee share to the benefits plans and the Public Service Superannuation
Plan. At the end of the two (2) year leave without pay period,
unless the employee has found alternate employment in the Core Public
Administration, the employee will be laid off in accordance with the Public Service Employment Act.
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.
**
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 Retention payment
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:
- such
jobs are in remote areas of the country,
or
- retraining
and relocation costs are prohibitive,
or
- prospects
of reasonable alternative local employment, whether within or outside the Core
Public Administration are poor.
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:
- are
being relocated,
and
- when
the deputy head of the home department or organization decides that, in
comparison to other options, it is preferable that certain employees be
encouraged to stay in their jobs until the day of workplace relocation,
and
- where
the employee has opted not to relocate with the function.
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:
- where
the Core Public Administration work units are affected by alternative delivery initiatives;
- when
the deputy head of the home department or
organization decides that, compared to other options, it is preferable that
certain employees be encouraged to stay in their jobs until the day of the
transfer to the new employer;
and
- where
the employee has not received a job offer from the new employer or has received
an offer and did not accept it.
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.
**
Preamble
The administration
of the provisions of this part will be guided by the following principles:
- fair
and reasonable treatment of employees;
- value
for money and affordability;
and
- maximization
of employment opportunities for employees.
The parties
recognize:
- the union's need to represent
employees during the transition process;
- the Employer's need for
greater flexibility in organizing the Core Public Administration.
7.1 Definitions
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).
**
7.2 General
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.
- Commercialization
- In cases of
commercialization where tendering will be part of the process, the parties
shall make every reasonable effort to come to an agreement on the criteria
related to human resources issues (e.g. terms and conditions of employment,
pension and health care benefits, the take-up number of employees) to be used
in the request for proposal (RFP) process. The parties will respect the
contracting rules of the federal government.
- Creation of a new Agency
- In cases of the
creation of new agencies, the parties shall make every reasonable effort to
agree on common recommendations related to human resources issues (e.g. terms
and conditions of employment, pension, and health care benefits) that should be
available at the date of transfer.
- Transfer to existing employers
- In all other ADI
initiatives where an employer-employee relationship already exists the parties
will hold meaningful consultations to clarify the terms and conditions that
will apply upon transfer.
- In the cases of
commercialization and creation of new agencies, consultation opportunities will
be given to PIPSC; however, if after meaningful consultation agreements are not
possible, the department may still proceed with the transfer.
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:
- Type
1 (Full Continuity)
- Type 1 arrangements meet all of the following
criteria:
- legislated successor rights apply. Specific
conditions for successor rights applications will be determined by the labour
legislation governing the new employer;
- the Public Service Terms and Conditions of Employment Regulations, the terms of the collective agreement
referred to therein and/or the applicable compensation plan will continue to
apply to unrepresented and excluded employees until modified by the new
employer or by the PSLRB pursuant to a successor
rights application;
- recognition of continuous employment in
the Core Public Administration, as defined in the Public Service Terms and
Conditions of Employment Regulations, for purposes of determining the employee's entitlements under the
collective agreement continued due to the application of successor rights;
- pension arrangements according to the
statement of pension principles set out in Annex A, or, in cases where the test
of reasonableness set out in that statement is not met, payment of a lump-sum
to employees pursuant to section 7.7.3;
- transitional employment guarantee: a two
(2) year minimum employment guarantee with the new employer;
- coverage in each of the following core
benefits: health benefits, long term disability insurance (LTDI) and dental
plan;
- short-term disability bridging:
recognition of the employee's earned but unused sick leave credits up to
maximum of the new employer's LTDI waiting period.
- Type
2 (Substantial Continuity)
- Type 2 arrangements meet all of the following
criteria:
- the average new hourly salary offered by
the new employer (= rate of pay + equal pay adjustments + supervisory
differential) for the group moving is eighty five per cent (85%) or greater of
the group's current federal hourly remuneration (= pay + equal pay adjustments
+ supervisory differential), when the hours of work are the same;
- the average annual salary of the new
employer (= rate of pay + equal pay adjustments + supervisory differential) for
the group moving is eighty five per cent (85%) or greater of federal annual
remuneration (= per cent or greater of federal annual remuneration (= pay +
equal pay adjustments + supervisory differential), when the hours of work are
different;
- pension arrangements according to the
statement of pension principles as set out in Annex A, or in cases where the
test of reasonableness set out in that Statement is not met, payment of a lump-sum
to employees pursuant to section 7.7.3;
- transitional employment guarantee:
employment tenure equivalent to that of the permanent workforce in receiving
organizations or a two (2) year minimum employment guarantee;
- coverage in each area of the following core
benefits: health benefits, long-term disability insurance (LTDI) and dental
plan;
- short-term disability arrangement.
- Type 3 (Lesser Continuity)
- A type 3
arrangement is any alternative delivery initiative that does not meet the
criteria applying in type 1 and 2 transitional employment arrangements.
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 Responsibilities
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 Notice of
alternative delivery initiatives
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.
7.5 Job offers from new employers
**
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.
**
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 Application of other
provisions of the Appendix
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 Lump-sum payments and salary top-up allowances
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 Reimbursement
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 Vacation leave credits and severance pay
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 conditions set out in
7.9.2 are not met,
- the severance provisions of
this Collective Agreement are extracted from this Collective Agreement prior to
the date of transfer to another non-federal public sector employer,
- the employment of an
employee is terminated pursuant to the terms of section 7.5.1,
or
- the employment of an
employee who accepts a job offer from the new employer in a type 3 transitional
employment arrangement is terminated on the transfer of the function to the new
employer
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.
- The
new employer will have in place, or Her Majesty in right of Canada will require
the new employer to put in place, reasonable pension arrangements for
transferring employees. The test of reasonableness
will be that the actuarial value (cost) of the new employer pension
arrangements will be at least six decimal five per cent (6.5%) of pensionable
payroll, which in the case of defined-benefit pension plans will be as
determined by the Assessment Methodology developed by Towers Perrin for the
Treasury Board, dated October 7, 1997. This Assessment Methodology will apply
for the duration of this Collective Agreement. Where there is no reasonable
pension arrangement in place on the transfer date or no written undertaking by
the new employer to put such reasonable pension arrangement in place effective
on the transfer date, subject to the approval of Parliament and a written
undertaking by the new employer to pay the employer costs, Public Service Superannuation Act
(PSSA) coverage could be provided during a transitional period of
up to a year.
- Benefits
in respect of service accrued to the point of transfer are to be fully
protected.
- Her
Majesty in right of Canada will seek portability arrangements between the
public service Superannuation Plan and the pension plan of the new employer
where a portability arrangement does not yet exist. Furthermore, Her Majesty in
right of Canada will seek authority to permit employees the option of counting
their service with the new employer for vesting and benefit thresholds under
the PSSA.
Years of
Service in the Core Public Administration
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Transition
Support Measure (TSM)
(Payment in weeks' pay)
10
22
24
26
28
30
32
34
36
38
40
42
44
46
48
50
52
52
52
52
52
52
52
52
52
52
52
52
52
52
49
46
43
40
37
34
31
28
25
22
19
16
13
10
07
04
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.
- The
PSC will refer surplus employees and laid-off persons to positions, in all
departments, organizations and agencies governed by the PSEA, for which they are potentially qualified for the essential
qualifications, unless the individuals have advised the PSC and their home
departments or organizations in writing that they are not available for
appointment. The PSC will further ensure that entitlements are respected and
that priority persons are fairly and properly assessed.
- The
PSC, acting in accordance with the Privacy
Act, will provide the Treasury Board Secretariat with information related
to the administration of priority entitlements which may reflect on departments'
or organizations' and agencies' level of compliance with this Directive.
- The
PSC will provide surplus and laid-off individuals with information on their
priority entitlements.
- The
PSC will, in accordance with the Privacy
Act, provide information to bargaining agents on the numbers and status of
their members who are in the Priority Administration System and, on a service-wide
basis, through reports to the National Joint Council's Workforce Adjustment
Committee.
- The
PSC will ensure that a reinstatement priority is given to all employees who are
appointed to a position at a lower level.
- The
PSC will, in accordance with the Privacy
Act, provide information to the Employer, departments or organizations
and/or bargaining agents on referrals of surplus employees and laid-off persons
in order to ensure that the priority entitlements are respected.
Public Service Commission "Guide
to the Priority Information Management System": http://www.psc-cfp.gc.ca/prad-adpr/index-eng.htm