Architecture, Engineering and Land Survey (NR)
Please refer to the Treasury Board's website in case of any discrepancy
Agreement Between the Treasury Board and the Professional Institute of the Public Service of Canada
Group: Architecture, Engineering and Land Survey
(All Employees)
Expiry date: September 30, 2018
This agreement covers the following group(s):
|
Code |
Group |
|
203 |
Architecture and Town Planning (AR) |
|
210 |
Engineering and Land Survey (EN) |
Treasury Board of Canada Secretariat
Compensation and Labour Relations
L’Esplanade Laurier
140 O’Connor St
Ottawa ON K1A 0R5
© Her Majesty the Queen in Right of Canada,
represented by the President of the Treasury Board, 2017
Catalogue No. XXX-PDF
ISBN: XXXX-XXXX
This document is available on the Government of Canada website at
Professional Institute of the Public Service of Canada
250 Tremblay Rd
Ottawa ON K1G 3J8
Table of contents
Article 1: purpose of agreement 2
Article 2: interpretation and definitions. 2
Article 5: management rights. 4
Article 6: rights of employees. 5
Article 7: publications and authorship. 5
Article 12: designated paid holidays. 12
Article 13: travelling time. 13
**Article 14: leave, general 15
**Article 15: vacation leave. 16
**Article 17: other leave with or without pay. 20
17.02 Bereavement leave with pay. 20
17.03 Maternity leave without pay. 21
**17.04 Maternity allowance. 22
17.05 Special maternity allowance for totally disabled employees. 24
17.06 Parental leave without pay. 25
**17.07 Parental allowance. 26
17.08 Special parental allowance for totally disabled employees. 28
**17.09 Leave without pay for the care of immediate family. 28
17.10 Leave without pay for personal needs. 29
17.11 Leave without pay for relocation of spouse. 30
**17.12 Leave with pay for family-related responsibilities. 30
17.13 Court leave with pay. 31
17.14 Personnel selection leave with pay. 31
17.15 Injury-on-duty leave with pay. 32
17.18 Maternity-related reassignment or leave. 32
17.19 Medical appointment for pregnant employees. 33
**17.20 Other leave with pay. 33
17.21 Other leave without pay. 34
17.22 Religious observance. 34
**Article 18: career development 35
**Article 19: severance pay. 38
Article 20: statement of duties. 40
**Article 21: annual registration or membership fees. 40
Article 22: diving allowance. 41
Article 24: technological change. 41
Article 25: safety and health. 42
Article 28: use of employer facilities. 44
Article 31: leave for labour relations matters. 45
Article 32: contracting out 48
**Article 33: illegal strikes. 48
Article 34: interpretation of agreement 48
Article 35: grievance procedure. 48
Article 36: National Joint Council agreements. 53
Article 37: joint consultation. 54
**Article 38: standards of discipline. 55
Article 39: labour disputes. 55
Article 40: part-time employees. 56
**Article 41: employee performance review and employee files. 58
Article 42: employment references. 59
Article 43: sexual harassment 59
Article 44: no discrimination. 60
Article 45: penological factor allowance. 60
Article 47: agreement re-opener. 63
AR, Architecture and Town Planning Group. 65
Memorandum of Agreement: Sea Trials. 75
Memorandum of Understanding: Red Circling. 76
Article 1: purpose of agreement
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.
Article 2: interpretation and definitions
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 Directive on Terms and Conditions of Employment 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,
a. 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
b. 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.
Article 3: official texts
3.01 Both the English and French texts of this agreement shall be official.
Article 4: application
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.
Article 5: management rights
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.
Article 6: rights of employees
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.
Article 7: publications and authorship
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
a. The Employer may suggest revisions to a publication and may withhold approval to publish.
b. When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee.
c. 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.
Article 8: hours of work
Clauses 8.01 through 8.06 shall not apply to employees on shift work.
Clauses 8.07 through 8.20 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 am and 6 pm. 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:
a. on the day it commenced where half (1/2) or more of the hours worked fall on that day;
or
b. 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:
a. 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;
b. an employee’s shift shall not be scheduled to commence within fifteen (15) hours of the completion of the employee’s previous shift;
and
c. 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:
a. 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;
b. 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
a. 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.
b. 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
a. 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.
b. Notwithstanding 8.16(a),
i. 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
ii. 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.
**Article 9: overtime
9.01 When an employee is required by the Employer to work overtime, the employee shall be compensated as follows:
a. 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;
b. 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;
c. on the employee’s second or subsequent day of rest,
i. 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;
ii. 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
a. 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 twelve dollars ($12.00), 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.
b. 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 twelve dollars ($12.00) 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.
c. 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 kilometric rate, as appropriate, shall be authorized from the employee’s residence to the workplace and/or return if necessary.
**Article 10: call-back
10.01 If an employee is called back to work:
a. on a designated paid holiday which is not the employee’s scheduled day of work,
or
b. on the employee’s day of rest,
or
c. 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:
i. 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
ii. 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.
**
10.05 When an employee is called back to work under the conditions described in Clause 10.01 and is required to use transportation services other than normal public transportation services he/she shall be reimbursed for reasonable expenses incurred as follows:
a. the kilometric rate normally paid by the Employer, where the employee travels by means of his/her own automobile;
or
b. out‑of‑pocket expense for other means of commercial transportation.
Time spent by the employee called back to work or returning to his/her residence shall not constitute time worked.
Article 11: standby
11.01 When the Employer requires an employee to be readily 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
a. 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 readily able to return for duty as quickly as possible and within a reasonable timeframe as determined by the Employer if called.
b. 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 payment. If such time off cannot be granted within the quarter in which it is earned then the payment will be made.
Article 12: designated paid holidays
12.01 Subject to Clause 12.02, the following days shall be designated paid holidays for employees:
a. New Year’s Day,
b. Good Friday,
c. Easter Monday,
d. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday,
e. Canada Day,
f. Labour Day,
g. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
h. Remembrance Day,
i. Christmas Day,
j. Boxing Day,
k. 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
l. 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:
a. work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest,
and
b. 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.
Article 13: travelling time
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:
a. 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;
b. on a normal working day on which the employee travels and works, the employee shall be paid:
i. 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
ii. 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;
c. 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:
a. 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;
b. 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 workplace, as applicable, direct to the destination and, upon return, direct back to the employee’s residence or workplace;
c. 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
a. 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.
b. 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.
c. 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.
**Article 14: leave, general
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 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.
14.03 An employee shall not be granted two (2) different types of leave with pay in respect of the same period of time.
14.04 An employee is not entitled to leave with pay during periods the employee is on leave without pay, on educational leave or under suspension.
14.05 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.
14.06 Leave credits will be earned on a basis of a day being equal to seven decimal five (7.5) hours.
14.07 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.
14.08
a. 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.
b. 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.
**Article 15: vacation leave
15.01 The vacation year shall be from April 1 to March 31, 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:
a. nine decimal three seven five (9.375) hours until the month in which the employee’s eighth (8th) anniversary of service occurs;
b. twelve decimal five (12.5) hours commencing with the month in which the employee’s eighth (8th) anniversary of service occurs;
c. thirteen decimal seven five (13.75) hours commencing with the month in which the employee’s sixteenth (16th) anniversary of service occurs;
d. fourteen decimal three seven five (14.375) hours commencing with the month in which the employee’s seventeenth (17th) anniversary of service occurs;
e. fifteen decimal six two five (15.625) hours commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;
f. sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee’s twenty-seventh (27th) anniversary of service occurs;
g. 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
a. 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. For greater certainty, severance termination benefits taken under Clauses 19.05 to 19.08 of Appendix F, or similar provisions in other collective agreements, do not reduce the calculation of service for employees who have not left the public service.
b. For the purpose of paragraph 15.03(a) only, effective April 1, 2012, on a going forward basis, any former service in the Canadian Forces for a continuous period of six (6) months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of the vacation leave credits.
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 current 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:
a. to provide an employee’s vacation leave in an amount and at such time as the employee may request;
b. 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:
a. is granted bereavement leave,
or
b. is granted special leave with pay because of illness in the immediate family,
or
c. 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
a. 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 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.
b. 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 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 31, 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:
a. in proceeding to the employee’s place of duty,
and
b. 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.
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
a. 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.
b. 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.
Article 16: sick leave
Credits
16.01
a. 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.
b. 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:
a. 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
b. 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.
**Article 17: other leave with or without pay
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, step-brother, step-sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild, foster child 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.
a. When a member of the immediate family dies, an employee:
i. shall be entitled to bereavement leave with pay. Such bereavement leave, 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;
ii. in addition, the employee may be granted up to three (3) days’ leave with pay for the purpose of travel related to the death.
b. At the request of the employee, such bereavement leave with pay may be taken in a single period of seven (7) consecutive calendar days or may be taken in two (2) periods to a maximum of five (5) working days.
c. When requested to be taken in two (2) periods:
i. The first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death, and
ii. the second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony.
iii. The employee may be granted no more than three (3) days’ leave with pay, in total, for the purposes of travel for these two (2) periods.
d. 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, sister-in-law or grandparent of spouse.
e. 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 or their delegate 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 (d).
f. 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
a. 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.
b. Notwithstanding paragraph (a):
i. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
or
ii. 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.
c. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
d. The Employer may require an employee to submit a medical certificate certifying pregnancy.
e. An employee who has not commenced maternity leave without pay may elect to:
i. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
ii. 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.
f. 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.
g. 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
a. 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:
i. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
ii. 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
iii. has signed an agreement with the Employer stating that:
A. 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;
B. 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;
C. 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:
![(allowance received)x(remaining period to be worked following her return to work)/[total period to be worked as specified in(B)]](/sites/default/files/2017-07/sh-ca-formulaen.jpg)
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).
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).
**
c. Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
i. where an employee is subject to a waiting period before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period,
and
ii. for each week that the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate of pay and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period,
and
iii. where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, ninety‑three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
d. 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.
e. 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.
f. The weekly rate of pay referred to in paragraph (c) shall be:
i. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,
ii. 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.
g. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.
h. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
i. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance, the allowance shall be adjusted accordingly.
j. 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
a. An employee who:
i. 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
ii. 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 the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
b. 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
a. 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.
b. 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 (52) week period beginning on the day on which the child comes into the employee’s care.
c. 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.
d. Notwithstanding paragraphs (a) and (b):
i. 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
ii. 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.
e. 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.
f. The Employer may:
i. defer the commencement of parental leave without pay at the request of the employee;
ii. grant the employee parental leave without pay with less than four (4) weeks’ notice;
iii. require an employee to submit a birth certificate or proof of adoption of the child.
g. 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
a. 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:
i. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
ii. 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
iii. has signed an agreement with the Employer stating that:
A. 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;
B. 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;
C. 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).
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).
**
c. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
i. where an employee is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
ii. for each week the employee receives parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his 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;
iii. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period;
iv. where an employee has received the full thirty-five (35) weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, he/she is eligible to receive a further parental allowance for a period of one (1) week, ninety‑three per cent (93%) of his/her weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 17.04c) iii) for the same child.
d. 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.
e. 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.
f. The weekly rate of pay referred to in paragraph (c) shall be:
i. 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;
ii. 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.
g. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
h. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four(4) months, the weekly rate shall be the rate the employee was being paid on that day.
i. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
j. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.
k. 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
a. An employee who:
i. 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
ii. 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 gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
b. 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.
**
Compassionate care leave
g. Notwithstanding paragraphs 17.09(a) and 17.09(c) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt or awaiting these benefits.
h. Leave granted under this clause may exceed the five (5) year maximum provided in paragraph (d) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.
i. When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.
j. When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits has been denied, paragraphs (g) and (h) above cease to apply.
17.10 Leave without pay for personal needs
Leave without pay will be granted for personal needs, in the following manner:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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
a. 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.
b. 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
a. For the purpose of this clause, family is defined as
i. spouse (or common-law partner resident with the employee),
ii. children (including children of legal or common-law partner or step-children and ward of the employee),
iii. parents (including step-parents or foster parents), father-in-law, mother-in-law,
iv. brother, sister, step-brother, step-sister,
v. grandparents of the employee,
vi. any relative permanently residing in the employee’s household or with whom the employee permanently resides, or
vii. any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee.
b. The total leave with pay which may be granted under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
c. The Employer shall grant leave with pay under the following circumstances:
i. 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;
ii. 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;
iii. leave with pay for needs directly related to the birth or to the adoption of the employee’s child;
iv. to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
v. to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;
vi. seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in paragraph 17.12(b) above may be used to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.
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:
a. to be available for jury selection;
b. to serve on a jury;
or
c. by subpoena or summons to attend as a witness in any proceeding, except for a proceeding in which the employee is a party, held:
i. in or under the authority of a court of justice;
ii. before a court, judge, justice, magistrate or coroner;
iii. 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;
iv. 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
v. 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:
a. personal injury accidentally received in the performance of the employee’s duties and not caused by the employee’s willful misconduct,
b. sickness resulting from the nature of the employee’s employment,
or
c. 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
**
Effective on April 1, 2018, Clause 17.17, Volunteer leave, is deleted from the collective agreement.
a. 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 or two periods of up to three decimal seven five (3.75) hours each 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.
b. 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
a. 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.
b. 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.
c. 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:
i. modifies her job functions or reassigns her,
or
ii. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
d. Where reasonably practicable, the Employer shall modify the employee’s job functions or reassign her.
e. 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.
f. 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
a. 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.
b. 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
a. 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.
**
b. Personal leave
i. 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 or two (2) periods of up to three decimal seven five (3.75) hours each of leave with pay for reasons of a personal nature.
ii. 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.
**
Effective on April 1, 2018, Clause 17.20b) is amended to reflect the following:
b. Personal leave
i. 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, up to fifteen (15) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of seven decimal five (7.5) hours or three decimal seven five (3.75) hours each.
ii. The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.
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
a. The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.
b. 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.
c. 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.
d. 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.
**Article 18: career development
General
**
18.01 In order for the Employer to meet its mandate, given the evolution and increased complexity of scope of practice, the parties recognize that in order to maintain and enhance professional expertise, employees, need to have an opportunity to attend or participate in career development activities described in this article.
The parties recognize the benefits of participation in the operation and management of professional licensing or governing body.
The Employer endeavors to respond in a timely fashion to requests for career development.
Education leave
18.02
a. 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.
b. 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.
c. 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.
d. 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:
i. fails to complete the course,
ii. does not resume employment with the Employer on completion of the course,
or
iii. 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
**
a. 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:
i. a course given by the Employer;
ii. a course offered by a recognized academic institution;
iii. a seminar, convention or study session in a specialized field directly related to the employee’s work;
or
iv. a course or seminar offered by the employee’s professional association.
b. 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.
c. 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.
d. The Employer may grant leave with pay and reasonable expenses including registration fees to attend such gatherings, subject to budgetary and operational constraints.
e. 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.
f. 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.
g. An employee shall not be entitled to any compensation under Article 9: overtime, and Article 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
**
a. The parties to this agreement share a desire to improve professional standards by giving the employees the opportunity on occasion:
i. to participate in workshops, short courses, committees, events or similar out-service programs to keep up to date with knowledge and skills in their respective fields, to acquire profession specific credits required to complete or maintain current licensing/registration standards,
ii. to conduct research or perform work related to their normal research programs in institutions or locations other than those of the Employer,
iii. 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,
iv. to participate in language workshops, or courses or immersion programs to improve and/or attain their language competencies.
b. 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).
c. 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.
d. 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.
e. 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 Article 9: overtime, and Article 13: travelling time, while on professional development under this clause.
f. 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
**
a. The Employer shall establish selection criteria for granting leave under Clauses 18.02 through 18.04. 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.
b. 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
a. 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.
b. 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.
c. 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.
d. The Employer recognizes the use of such committees for the purpose of providing information, discussing the application of policy, promoting understanding and reviewing problems.
e. 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
a. 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.
b. In establishing this committee, it is understood by the parties that Departments are responsible for the application of the policies related to career development.
c. 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.
**Article 19: severance pay
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
a.
i. On the first lay-off, for the first complete year of continuous employment two (2) weeks’ pay, or three (3) weeks’ pay for employees with ten (10) or more and less than twenty (2) years of continuous employment, or four (4) weeks’ pay for employees with twenty (20) or more years of continuous employment, plus 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).
ii. 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.
Death
b. 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
c.
i. 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.
ii. 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 lump sum in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under this clause be pyramided.
For greater clarity, payments in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to 19.05 to 19.08 under Appendix F or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of Clause 19.02.
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
**
An employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act shall be paid any outstanding payment in lieu of severance, if applicable under Appendix F.
19.05 Employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix F.
Article 20: statement of duties
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.
**Article 21: annual registration or membership fees
**
21.01 Upon receipt of proof of payment, the Employer shall reimburse as follows:
a. Payment of one registration or membership fee to one organization or governing body to be certified as a professional engineer in Canada or as a land surveyor in Canada or as a professional architect in Canada or as a full member of a professional association as a landscape architect.
or
b. Payment of registration or membership fees paid to organizations or governing bodies to be certified as a professional engineer in Canada and/or as a land surveyor in Canada and/or as a professional architect in Canada and/or as a full member of a professional association as a landscape architect, when the payment of such fees is a requirement for the continuation of the performance of the duties of an employee’s position.
Reimbursement covered by this article does not include arrears of previous years’ fees.
Article 22: diving allowance
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.
Article 23: immunization
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.
Article 24: technological change
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:
a. 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
b. 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:
a. the nature and degree of change;
b. the anticipated date or dates on which the Employer plans to effect change;
c. 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:
a. the approximate number, class and location of employees likely to be affected by the change;
b. 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.
Article 25: safety and health
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.
Article 26: recognition
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 and Employment 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.
Article 27: Union dues
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 Institute as to the bona fides or his or her claim and 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. The Institute will inform the Employer accordingly.
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 electronic payment 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.
Article 28: use of employer facilities
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.
Article 29: information
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. For the purpose of satisfying the Employer’s obligation under this clause, employees may be given electronic access to the collective agreement. On request, the employee shall be supplied with a printed copy of this agreement.
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.
Article 30: stewards
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. In circumstances where the Employer uses online or other electronic orientation programs, the Employer will include links to the PIPSC website.
Article 31: leave for labour relations matters
31.01 Public Service Labour Relations and Employment Board Hearings
Complaints made to the Public Service Labour Relations and Employment 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 and Employment 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:
a. to an employee who makes a complaint before the Public Service Labour Relations and Employment Board,
and
b. 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:
a. to an employee who represents the Institute in an application for certification or in an intervention,
and
b. 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:
a. to an employee called as a witness by the Public Service Labour Relations and Employment Board,
and
b. 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. a party to an adjudication,
or
b. the representative of an employee who is a party to an adjudication,
or
c. 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:
a. 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
b. 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
a. 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.
b. 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.
Article 32: contracting out
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.
**Article 33: illegal strikes
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 termination of employment, for participation in an illegal strike as defined in the Public Service Labour Relations Act.
Article 34: interpretation of agreement
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.
Article 35: grievance procedure
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:
a. by the interpretation or application, in respect of the employee, of
i. 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
ii. a provision of the collective agreement or an arbitral award;
or
b. 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.
a. In order to present a group grievance, the Institute must first obtain the written consent of each of the employees concerned.
b. 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
a. 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.
b. 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.
c. 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:
a. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate step,
and
b. 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:
a. 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
b. 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:
a. Step 1: first level of management;
b. Step 2: intermediate level;
c. 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:
a. 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
b. 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:
a. the grievance may be presented at the final step only,
and
b. 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:
a. the interpretation or application of a provision of this collective agreement or related arbitral award,
or
b. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,
or
c. 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:
a. its approval of the reference of the grievance to adjudication,
and
b. 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 and Employment Board (PSLREB). The framework is set out below.
a. 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.
b. Future cases may be identified for this process by either party, subject to the consent of the parties.
c. When the parties agree that a particular grievance will proceed through expedited adjudication, the Institute will submit to the PSLREB the consent form signed by the grievor or the bargaining agent.
d. 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 PSLREB or to the adjudicator at least forty-eight (48) hours prior to the start of the hearing.
e. No witnesses will testify.
f. The adjudicator will be appointed by the PSLREB 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.
g. Each expedited adjudication session will take place in Ottawa unless the parties and the PSLREB agree otherwise. The cases will be scheduled jointly by the parties and the PSLREB, and will appear on the PSLREB hearing schedule.
h. 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.
i. The adjudicator’s determination will be final and binding on all the parties, but will not constitute a precedent. The parties agree not to refer the determination to the Federal Court.
Article 36: National Joint Council agreements
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 and Employment 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
· Occupational Health and Safety Directive
· Public Service Health Care Plan Directive
· Travel Directive
· Uniforms 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.
Article 37: joint consultation
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.
**Article 38: standards of discipline
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) full working days’ notice of such meeting as well as its purpose.
At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he may be accompanied by a representative of the Institute. Where practicable, the employee shall receive a minimum of two (2) full working days’ notice of such administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the employee.
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.
Article 39: labour disputes
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.
Article 40: part-time employees
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:
a. during those periods in which employees are scheduled to perform their duties;
or
b. 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:
a. 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;
b. on his first (1st) day of rest, at time and one-half (1 1/2) for each hour of overtime worked;
c. 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;
d. 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:
a. 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;
b. 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;
c. 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;
d. 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;
e. 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;
f. 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;
g. 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
a. 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.
b. 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.
**Article 41: employee performance review and employee files
41.01 For the purpose of this article:
a. 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.
b. formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the Employer for this purpose.
c. if, during the employee performance review, either the form or instructions have changed they shall be given to the employee.
41.02
a. 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.
b. 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 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:
a. a copy of the report placed on their file
b. an opportunity to sign the report in question to indicate that its contents have been read,
and
c. an opportunity to submit such written representation as the employee may deem appropriate concerning the report and to have such written representations attached to the report.
Article 42: employment references
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.
Article 43: sexual harassment
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 workplace.
43.02
a. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
b. 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.
Article 44: no discrimination
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.
Article 45: penological factor allowance
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 (that is, 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:
a. during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,
or
b. 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.
Article 46: pay
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:
a. 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
b. 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:
a. the employee shall receive the pay increment;
b. the employee’s rate of pay shall be revised;
c. the employee’s rate of pay on appointment shall be established in accordance with this agreement.
Rates of pay
46.06
a. The rates of pay set forth in Appendix A shall become effective on the dates specified.
b. 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:
i. “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;
ii. 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;
iii. 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;
iv. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Directive on Terms and Conditions of Employment, 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;
v. 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.
a. The required number of consecutive working days referred to above is three (3) consecutive working days.
Article 47: agreement re-opener
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.
**Article 48: duration
48.01 The duration of this collective agreement shall be from the date it is signed to September 30, 2018.
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 7th day of the month of November 2017.
The Treasury Board of Canada
Sandra Hassan
Monique Baronette
Yves Beaupré
David Turnbull
François Prud’homme
François Lefebvre
Jack Vandenberg
Marc Lacroix
Deidre Lepage
Caroline Cloutier
The Professional Institute of the Public Service of Canada
Debi Daviau, President
Pierre Ouellet. Negotiator
Yves R. Cousineau, P.Eng.
Randy Dhar, FRAIC
Geoffrey Kendell, P.Eng.
Tim Kirkby, P.Eng.
Pierre G. Richard, P.Eng.
Shirley Tso, P.Eng.
Jan Wentzel, CLS, P.Eng.
David Young, M.Eng.
**Appendix A
AR, Architecture and Town Planning Group
Annual rates of pay
Table legend
$) Effective October 1, 2013
A) Effective October 1, 2014
B) Effective October 1, 2015
X) Effective April 1, 2016, restructure
C) Effective October 1, 2016
Y) Effective October 1, 2017, restructure
D) Effective October 1, 2017
|
AR-1: annual rates of pay (in dollars) |
||||||
|
Effective date |
Range / Step 1 |
|||||
|
$) October 1, 2013 |
37769 |
to |
56251 |
|||
|
A) October 1, 2014 |
38241 |
to |
56954 |
|||
|
B) October 1, 2015 |
38719 |
to |
57666 |
|||
|
X) April 1, 2016, restructure |
39106 |
to |
58243 |
|||
|
C) October 1, 2016 |
39595 |
to |
58971 |
|||
|
D) October 1, 2017 |
40090 |
to |
59708 |
|||
|
AR-2: annual rates of pay (in dollars) |
||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
|
$) October 1, 2013 |
59906 |
62313 |
64717 |
67111 |
69514 |
71918 |
|
A) October 1, 2014 |
60655 |
63092 |
65526 |
67950 |
70383 |
72817 |
|
B) October 1, 2015 |
61413 |
63881 |
66345 |
68799 |
71263 |
73727 |
|
X) April 1, 2016, restructure |
62027 |
64520 |
67008 |
69487 |
71976 |
74464 |
|
C) October 1, 2016 |
62802 |
65327 |
67846 |
70356 |
72876 |
75395 |
|
D) October 1, 2017 |
63587 |
66144 |
68694 |
71235 |
73787 |
76337 |
|
AR-3: annual rates of pay (in dollars) |
||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
|
$) October 1, 2013 |
73509 |
76207 |
78894 |
81578 |
83737 |
85889 |
|
A) October 1, 2014 |
74428 |
77160 |
79880 |
82598 |
84784 |
86963 |
|
B) October 1, 2015 |
75358 |
78125 |
80879 |
83630 |
85844 |
88050 |
|
X) April 1, 2016, restructure |
76112 |
78906 |
81688 |
84466 |
86702 |
88931 |
|
C) October 1, 2016 |
77063 |
79892 |
82709 |
85522 |
87786 |
90043 |
|
D) October 1, 2017 |
78026 |
80891 |
83743 |
86591 |
88883 |
91169 |
|
|
||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
|
$) October 1, 2013 |
83205 |
86136 |
89068 |
91996 |
94418 |
96837 |
|
A) October 1, 2014 |
84245 |
87213 |
90181 |
93146 |
95598 |
98047 |
|
B) October 1, 2015 |
85298 |
88303 |
91308 |
94310 |
96793 |
99273 |
|
X) April 1, 2016, restructure |
86151 |
89186 |
92221 |
95253 |
97761 |
100266 |
|
C) October 1, 2016 |
87228 |
90301 |
93374 |
96444 |
98983 |
101519 |
|
Y) October 1, 2017, restructure |
87446 |
90527 |
93607 |
96685 |
99230 |
101773 |
|
D) October 1, 2017 |
88539 |
91659 |
94777 |
97894 |
100470 |
103045 |
|
AR-5: annual rates of pay (in dollars) |
||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
|
$) October 1, 2013 |
93417 |
96733 |
100049 |
103364 |
106082 |
108802 |
|
A) October 1, 2014 |
94585 |
97942 |
101300 |
104656 |
107408 |
110162 |
|
B) October 1, 2015 |
95767 |
99166 |
102566 |
105964 |
108751 |
111539 |
|
X) April 1, 2016, restructure |
96725 |
100158 |
103592 |
107024 |
109839 |
112654 |
|
C) October 1, 2016 |
97934 |
101410 |
104887 |
108362 |
111212 |
114062 |
|
Y) October 1, 2017, restructure |
98179 |
101664 |
105149 |
108633 |
111490 |
114347 |
|
D) October 1,2017 |
99406 |
102935 |
106463 |
109991 |
112884 |
115776 |
|
AR-6: annual rates of pay (in dollars) |
||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
|
$) October 1, 2013 |
103903 |
107339 |
110778 |
114221 |
117237 |
120251 |
|
A) October 1, 2014 |
105202 |
108681 |
112163 |
115649 |
118702 |
121754 |
|
B) October 1, 2015 |
106517 |
110040 |
113565 |
117095 |
120186 |
123276 |
|
X) April 1, 2016, restructure |
107582 |
111140 |
114701 |
118266 |
121388 |
124509 |
|
C) October 1, 2016 |
108927 |
112529 |
116135 |
119744 |
122905 |
126065 |
|
D) October 1, 2017 |
110289 |
113936 |
117587 |
121241 |
124441 |
127641 |
|
AR-7: annual rates of pay (in dollars) |
||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
|
$) October 1, 2013 |
112105 |
115824 |
119563 |
123300 |
129518 |
135735 |
|
A) October 1, 2014 |
113506 |
117272 |
121058 |
124841 |
131137 |
137432 |
|
B) October 1, 2015 |
114925 |
118738 |
122571 |
126402 |
132776 |
139150 |
|
X) April 1, 2016, restructure |
116074 |
119925 |
123797 |
127666 |
134104 |
140542 |
|
C) October 1, 2016 |
117525 |
121424 |
125344 |
129262 |
135780 |
142299 |
|
D) October 1, 2017 |
118994 |
122942 |
126911 |
130878 |
137477 |
144078 |
AR
Pay notes
1. The pay increment period for employees paid in these scales of rates, other than AR-1, is twelve (12) months.
2. 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.
3. An employee shall, on the relevant effective dates of adjustments to rates of pay, be paid in the (A), (B), (X), (C), (Y) or (D) scale of rates at the rate shown immediately below his former rate except that:
a. 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
b.
i. an employee being paid for one (1) or more years in the AR-1 scale of rates shall, effective October 1, 2014, be paid in the (A) scale of rates at the rate of pay which is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay provided that the maximum rate in the appropriate scale of rates is not exceeded;
ii. an employee being paid for one (1) or more years in the AR-1 scale of rates shall, effective October 1, 2015, be paid in the (B) scale of rates at the rate of pay which is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay provided that the maximum rate in the appropriate scale of rates is not exceeded;
iii. an employee being paid for one (1) or more years in the AR-1 scale of rates shall, effective April 1, 2016, be paid in the (X) scale of rates at the rate of pay which is nearest to but not more than one per cent (1%) higher than his former rate of pay provided that the maximum rate in the appropriate scale of rates is not exceeded;
iv. an employee being paid for one (1) or more years in the AR-1 scale of rates shall, effective October 1, 2016, be paid in the (C) scale of rates at the rate of pay which is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay provided that the maximum rate in the appropriate scale of rates is not exceeded;
v. an employee being paid for one (1) or more years in the AR-1 scale of rates shall, effective October 1, 2017, be paid in the (D) scale of rates at the rate of pay which is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay provided that the maximum rate in the appropriate scale of rates is not exceeded.
4. 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.
EN, Engineering Group
Annual rates of pay
Table legend
$) Effective October 1, 2013
A) Effective October 1, 2014
B) Effective October 1, 2015
X) Effective April 1, 2016, restructure
C) Effective October 1, 2016
Y) Effective October 1, 2017, restructure
D) Effective October 1, 2017
|
EN-ENG-1: annual rates of pay (in dollars) |
|||||
|
Effective date |
Range / Step 1 |
||||
|
$) October 1, 2013 |
49349 |
to |
57836 |
* |
|
|
A) October 1, 2014 |
49966 |
to |
58559 |
* |
|
|
B) October 1, 2015 |
50591 |
to |
59291 |
* |
|
|
X) April 1, 2016, restructure |
51097 |
to |
59884 |
* |
|
|
C) October 1, 2016 |
51736 |
to |
60633 |
* |
|
|
D) October 1, 2017 |
52383 |
to |
61391 |
* |
|
*(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, 2013 |
63028 |
65411 |
67622 |
69834 |
72050 |
|||||||
|
A) October 1, 2014 |
63816 |
66229 |
68467 |
70707 |
72951 |
|||||||
|
B) October 1, 2015 |
64614 |
67057 |
69323 |
71591 |
73863 |
|||||||
|
X) April 1, 2016, restructure |
65260 |
67728 |
70016 |
72307 |
74602 |
|||||||
|
C) October 1, 2016 |
66076 |
68575 |
70891 |
73211 |
75535 |
|||||||
|
D) October 1, 2017 |
66902 |
69432 |
71777 |
74126 |
76479 |
|||||||
|
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, 2013 |
77247 |
80025 |
82793 |
85559 |
88329 |
91096 |
93862 |
|||||
|
A) October 1, 2014 |
78213 |
81025 |
83828 |
86628 |
89433 |
92235 |
95035 |
|||||
|
B) October 1, 2015 |
79191 |
82038 |
84876 |
87711 |
90551 |
93388 |
96223 |
|||||
|
X) April 1, 2016, restructure |
79983 |
82858 |
85725 |
88588 |
91457 |
94322 |
97185 |
|||||
|
C) October 1, 2016 |
80983 |
83894 |
86797 |
89695 |
92600 |
95501 |
98400 |
|||||
|
Y) October 1, 2017, restructure |
81185 |
84104 |
87014 |
89919 |
92832 |
95740 |
98646 |
|||||
|
D) October 1, 2017 |
82200 |
85155 |
88102 |
91043 |
93992 |
96937 |
99879 |
|||||
|
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, 2013 |
90395 |
93397 |
96407 |
99414 |
102420 |
105427 |
|
A) October 1, 2014 |
91525 |
94564 |
97612 |
100657 |
103700 |
106745 |
|
B) October 1, 2015 |
92669 |
95746 |
98832 |
101915 |
104996 |
108079 |
|
X) April 1, 2016, restructure |
93596 |
96703 |
99820 |
102934 |
106046 |
109160 |
|
C) October 1, 2016 |
94766 |
97912 |
101068 |
104221 |
107372 |
110525 |
|
Y) October 1, 2017, restructure |
95003 |
98157 |
101321 |
104482 |
107640 |
110801 |
|
D) October 1, 2017 |
96191 |
99384 |
102588 |
105788 |
108986 |
112186 |
|
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, 2013 |
103807 |
107299 |
110808 |
114315 |
117833 |
121348 |
|
A) October 1, 2014 |
105105 |
108640 |
112193 |
115744 |
119306 |
122865 |
|
B) October 1, 2015 |
106419 |
109998 |
113595 |
117191 |
120797 |
124401 |
|
X) April 1, 2016, restructure |
107483 |
111098 |
114731 |
118363 |
122005 |
125645 |
|
C) October 1, 2016 |
108827 |
112487 |
116165 |
119843 |
123530 |
127216 |
|
D) October 1, 2017 |
110187 |
113893 |
117617 |
121341 |
125074 |
128806 |
|
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, 2013 |
115793 |
119515 |
123250 |
126977 |
130703 |
134429 |
|
A) October 1, 2014 |
117240 |
121009 |
124791 |
128564 |
132337 |
136109 |
|
B) October 1, 2015 |
118706 |
122522 |
126351 |
130171 |
133991 |
137810 |
|
X) April 1, 2016, restructure |
119893 |
123747 |
127615 |
131473 |
135331 |
139188 |
|
C) October 1, 2016 |
121392 |
125294 |
129210 |
133116 |
137023 |
140928 |
|
D) October 1, 2017 |
122909 |
126860 |
130825 |
134780 |
138736 |
142690 |
Sub-group: engineering
Pay notes
1. 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.
2. 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.
3. An employee paid at the EN-ENG-1 scale of rates shall have his rate of pay adjusted to a step:
a. effective October 1, 2014, in the (A) scale of rates that is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay.
b. effective October 1, 2015, in the (B) scale of rates that is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay.
c. effective April 1, 2016, in the (X) scale of rates that is nearest to but not more than one per cent (1%) higher than his former rate of pay.
d. effective October 1, 2016, in the (C) scale of rates that is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay.
e. effective October 1, 2017, in the (D) scale of rates that is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay.
4. 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.
EN, Land Survey Group
Annual rates of pay
Table legend
$) Effective October 1, 2013
A) Effective October 1, 2014
B) Effective October 1, 2015
X) Effective April 1, 2016, restructure
Y) Effective April 1, 2016, restructure
C) Effective October 1, 2016
D) Effective October 1, 2017
|
EN-SUR-1: annual rates of pay (in dollars) |
|||||||||
|
Effective date |
Range / Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
|||
|
$) October 1, 2013 |
50030 |
to |
58134 |
* |
61357 |
63652 |
65959 |
68417 |
70875 |
|
A) October 1, 2014 |
50655 |
to |
58861 |
* |
62124 |
64448 |
66783 |
69272 |
71761 |
|
B) October 1, 2015 |
51288 |
to |
59597 |
* |
62901 |
65254 |
67618 |
70138 |
72658 |
|
X) April 1, 2016, restructure |
51801 |
to |
60193 |
* |
63530 |
65907 |
68294 |
70839 |
73385 |
|
C) October 1, 2016 |
52449 |
to |
60945 |
* |
64324 |
66731 |
69148 |
71724 |
74302 |
|
D) October 1, 2017 |
53105 |
to |
61707 |
* |
65128 |
67565 |
70012 |
72621 |
75231 |
*(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, 2013 |
77192 |
79971 |
82738 |
85504 |
88274 |
91041 |
93807 |
|
|
A) October 1, 2014 |
78157 |
80971 |
83772 |
86573 |
89377 |
92179 |
94980 |
|
|
B) October 1, 2015 |
79134 |
81983 |
84819 |
87655 |
90494 |
93331 |
96167 |
|
|
X) April 1, 2016, restructure |
79925 |
82803 |
85667 |
88532 |
91399 |
94264 |
97129 |
|
|
C) October 1, 2016 |
80924 |
83838 |
86738 |
89639 |
92541 |
95442 |
98343 |
|
|
D) October 1, 2017 |
81936 |
84886 |
87822 |
90759 |
93698 |
96635 |
99572 |
|
|
EN-SUR-3: annual rates of pay (in dollars) |
||||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
$) October 1, 2013 |
85808 |
88053 |
90298 |
92545 |
94797 |
97046 |
101151 |
n/a |
|
A) October 1, 2014 |
86881 |
89154 |
91427 |
93702 |
95982 |
98259 |
102415 |
n/a |
|
B) October 1, 2015 |
87967 |
90268 |
92570 |
94873 |
97182 |
99487 |
103695 |
n/a |
|
Y) April 1, 2016, restructure |
87967 |
90268 |
92570 |
94873 |
97182 |
99487 |
103695 |
106806 |
|
C) October 1, 2016 |
89067 |
91396 |
93727 |
96059 |
98397 |
100731 |
104991 |
108141 |
|
D) October 1, 2017 |
90180 |
92538 |
94899 |
97260 |
99627 |
101990 |
106303 |
109493 |
|
EN-SUR-4: annual rates of pay (in dollars) |
|||||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
|
$) October 1, 2013 |
95256 |
98677 |
101822 |
104969 |
108111 |
111255 |
n/a |
n/a |
|
|
A) October 1, 2014 |
96447 |
99910 |
103095 |
106281 |
109462 |
112646 |
n/a |
n/a |
|
|
B) October 1, 2015 |
97653 |
101159 |
104384 |
107610 |
110830 |
114054 |
n/a |
n/a |
|
|
Y) April 1, 2016, restructure |
97653 |
101159 |
104384 |
107610 |
110830 |
114054 |
117476 |
119238 |
|
|
C) October 1, 2016 |
98874 |
102423 |
105689 |
108955 |
112215 |
115480 |
118944 |
120728 |
|
|
D) October 1, 2017 |
100110 |
103703 |
107010 |
110317 |
113618 |
116924 |
120431 |
122237 |
|
|
EN-SUR-5: annual rates of pay (in dollars) |
|||||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
||
|
$) October 1, 2013 |
106864 |
110505 |
114158 |
117814 |
121461 |
125111 |
n/a |
||
|
A) October 1, 2014 |
108200 |
111886 |
115585 |
119287 |
122979 |
126675 |
n/a |
||
|
B) October 1, 2015 |
109553 |
113285 |
117030 |
120778 |
124516 |
128258 |
n/a |
||
|
Y) April 1, 2016, restructure |
109553 |
113285 |
117030 |
120778 |
124516 |
128258 |
132106 |
||
|
C) October 1, 2016 |
110922 |
114701 |
118493 |
122288 |
126072 |
129861 |
133757 |
||
|
D) October 1, 2017 |
112309 |
116135 |
119974 |
123817 |
127648 |
131484 |
135429 |
||
|
EN-SUR-6: steps 1 to 8 Annual rates of pay (in dollars) |
|||||||||
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
|
|
$) October 1, 2013 |
110611 |
114399 |
118199 |
122000 |
125798 |
129594 |
133968 |
n/a |
|
|
A) October 1, 2014 |
111994 |
115829 |
119676 |
123525 |
127370 |
131214 |
135643 |
n/a |
|
|
B) October 1, 2015 |
113394 |
117277 |
121172 |
125069 |
128962 |
132854 |
137339 |
n/a |
|
|
Y) April 1, 2016, restructure |
113394 |
117277 |
121172 |
125069 |
128962 |
132854 |
137339 |
141459 |
|
|
C) October 1, 2016 |
114811 |
118743 |
122687 |
126632 |
130574 |
134515 |
139056 |
143227 |
|
|
D) October 1, 2017 |
116246 |
120227 |
124221 |
128215 |
132206 |
136196 |
140794 |
145017 |
EN-SUR-6: step 9
Annual rates of pay (in dollars)
|
Effective date |
Step 9 |
|
$) October 1, 2013 |
n/a |
|
A) October 1, 2014 |
n/a |
|
B) October 1, 2015 |
n/a |
|
Y) April 1, 2016, restructure |
145703 |
|
C) October 1, 2016 |
147524 |
|
D) October 1, 2017 |
149368 |
Sub-group: land survey
Pay notes
1. 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.
2. 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.
3. 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.
4. Pay increment period
The pay increment period for employees paid:
a. in that part of EN-SUR-1 scale of rates not identified with sixty-dollar ($60) steps,
and
b. 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.
5. 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.
6. An employee paid at the EN-SUR-1 scale of rates shall have his rate of pay adjusted to a step:
a. effective October 1, 2014, in the (A) scale of rates that is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay.
b. effective October 1, 2015, in the (B) scale of rates that is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay.
c. effective April 1, 2016, in the (X) scale of rates that is nearest to but not more than one per cent (1%) higher than his former rate of pay.
d. effective October 1, 2016, in the (C) scale of rates that is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay.
e. effective October 1, 2017, in the (D) scale of rates that is nearest to but not more than one point two five per cent (1.25%) higher than his former rate of pay.
7. Effective April 1, 2016, an employee paid at the EN-SUR-3 to EN-SUR-6 scale of rates and that have been at the maximum rate of pay for their level for more than twelve (12) months on April 1, 2016, will move to the next rate of pay in the (Y) scale of rates.
8. Effective April 1, 2016, an employee paid at the EN-SUR-4 and EN-SUR-6 scale of rates and that have been at the maximum rate of pay for their level for more than twenty four (24) months on April 1, 2016, will move to the new maximum rate of pay in the (Y) scale of rates.
9. Except as provided in pay note 6, 7 and 8, 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.
Appendix B
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 and 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, 2014.
Signed at Ottawa, this 25th day of the month of January 2012.
The Treasury Board of Canada
Marc-Arthur Hyppolite
Josée Lefebvre
The Professional Institute of the Public Service of Canada
Gary Corbett
Michel Gingras
Appendix C
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:
1.
a. 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, that is, 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.
b. 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.
2.
a. 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; that is, 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.
b. In addition, an employee shall receive a submarine trial allowance in accordance with paragraph 1(b).
3. Upon the request of an employee and with the approval of the Employer, the employee may be compensated in equivalent leave with pay.
4. Compensatory leave is to be granted at the convenience of the employee where operational requirements permit.
5. 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 25th day of the month of January 2012.
The Treasury Board of Canada
Marc-Arthur Hyppolite
Josée Lefebvre
The Professional Institute of the Public Service of Canada
Gary Corbett
Michel Gingras
Appendix D
Memorandum of Understanding: Red Circling
General
1. 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.
2. This Memorandum of Understanding shall remain in effect until amended or cancelled by mutual consent of the parties.
3. This Memorandum of Understanding supersedes the Regulations respecting Pay on Reclassification or Conversion where the Regulations are inconsistent with the Memorandum of Understanding.
4. 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.
5. 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.
1. 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.
2. 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.
3.
a. 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.
b. 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.
4. 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.
1. 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.
2. 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.
Appendix E
Table of contents
General
Application
Collective agreement
Objectives
Definitions
Authorities
Monitoring
References
Enquiries
Part I: roles and responsibilities
1.1 Departments or organizations
1.2 The Treasury Board Secretariat
1.3 The Public Service Commission
1.4 Employees
Part II: official notification
2.1 Department or organization
Part III: relocation of a work unit
3.1 General
Part IV: retraining
4.1 General
4.2 Surplus employees
4.3 Laid-off persons
Part V: salary protection
5.1 Lower-level position
Part VI: options for employees
6.1 General
**6.2 Voluntary programs
**6.3 Alternation
6.4 Options
6.5 Retention payment
Part VII: special provisions regarding alternative delivery initiatives
Preamble
7.1 Definitions
7.2 General
7.3 Responsibilities
7.4 Notice of alternative delivery initiatives
7.5 Job offers from new employers
7.6 Application of other provisions of the Appendix
7.7 Lump-sum payments and salary top-up allowances
7.8 Reimbursement
7.9 Vacation leave credits and severance pay
Annex “A”: statement of pension principles
Annex “B”: Transition Support Measure (TSM)
Annex “C”: role of PSC in administering surplus and lay-off priority entitlements
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 lump sum payment, equivalent to the Transitional Support Measure (see Annex “B”), plus a reimbursement of tuition from a recognized learning institution, book and relevant equipment costs, up to a maximum of fifteen thousand ($15,000) dollars.
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.
layoff 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 of 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 equivalent 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 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:
a. 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.
b. 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 equivalent to that from which they were declared surplus.
relocation (réinstallation)
Is the authorised 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 Public Service, 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
· Public Service Employment Act
· Public Service Employment Regulations
· Public Service Labour Relations Act
· Public Service Superannuation Act
· ** Directive on Terms and Conditions of Employment
· NJC Integrated 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.
Part I: roles and responsibilities
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:
a. establish joint workforce adjustment committees, where appropriate, to advise and consult on the workforce adjustment situations within the department or organization, and
b. notify PIPSC of the responsible officers who will administer this Appendix.
Terms of reference of such committee shall include a process for addressing alternation requests from other departments and/or organizations.
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:
a. 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
b. 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), 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 6.4 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, resumés, 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/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 PIPS.
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 the Appendix 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:
a. there are no available priority persons, or priority persons with a higher priority, qualified and interested in the position being filled;
or
b. 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 Integrated Relocation directives.
1.1.21 For the purposes of the NJC Integrated 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 the 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 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 method directed by PSC, of the results of all referrals made to them under this Appendix.
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1.1.27 Departments or organizations shall review the use of private temporary agency personnel, contractors, consultants, and their use of contracted out services, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, departments or organizations shall not engage or re-engage such temporary agency personnel, contractors, consultants, contracted out services, 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.
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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. Such notice shall be sent to the President of PIPSC.
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:
a. the workforce adjustment situation and its effect on that individual;
b. the workforce adjustment Appendix;
c. the PSC’s Priority Information Management System and how it works from the employee’s perspective;
d. preparation of a curriculum vitae or resumé;
e. the employee’s rights and obligations;
f. the employee’s current situation (for example, pay, benefits such as severance pay and superannuation, classification, language rights, years of service;
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g. alternatives that might be available to the employee (the alternation process, 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, payment in lieu of unfulfilled surplus period, resignation, accelerated lay-off);
h. the likelihood that the employee will be successfully appointed;
i. 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;
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j. the options for employees not in receipt of a guarantee of a reasonable job offer, the one hundred and twenty (120) day consideration period that includes access to the alternation process;
k. advise employees to seek out proposed alternations and submit requests for approval as soon as possible after being informed they will not be receiving a guarantee of a reasonable job offer;
l. the Human Resources Centres and their services (including a recommendation that the employee register with the nearest office as soon as possible);
m. preparation for interviews with prospective employers;
n. repeat counselling as long as the individual is entitled to a staffing priority and has not been appointed ;
o. advising the employee that refusal of a reasonable job offer will jeopardize both chances for retraining and overall employment continuity;
and
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p. advising employees of the right to be represented by the Institute in the application of this Appendix.
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:
a. investigate and seek to resolve situations referred by the PSC or other parties,
b. consider departmental or organizational requests for retraining resources,
and
c. 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:
a. ensure that priority entitlements are respected;
b. 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
c. 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:
a. 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;
b. 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 PIPS 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:
a. 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;
b. seeking information about their entitlements and obligations;
c. providing timely information to the home department or organization and to the PSC to assist them in their appointment activities (including curriculum vitae or resumés);
d. ensuring that they can be easily contacted by the PSC and appointing departments or organizations, and attending appointments related to referrals;
e. 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.
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1.4.3 Opting employees are responsible for:
a. considering the options of Part VI of this Appendix;
b. communicating their choice of options, in writing, to their manager no later than one hundred and twenty (120) days after being declared opting;
and
c. submitting the alternation request to management before the close of the one hundred and twenty (120) day period, if arranging an alternation with an unaffected employee.
Part II: official notification
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, and 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), Labour Relations and Compensation Operations, 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 two (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.
Part III: relocation of a work unit
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 6.4 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:
a. existing vacancies;
or
b. 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:
a. 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
b. 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:
a. retraining is needed to facilitate the appointment of the individual to a specific vacant position;
b. the individual meets the minimum requirements set out in the relevant Selection Standard for appointment to the group concerned;
and
c. 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 Directive on Terms and Conditions of Employment.
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.
Part VI: options for employees
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.
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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,
and
The employee may also participate in the alternation process in accordance with section 6.3 of this Appendix within the one hundred and twenty (120) day window before a decision is required of them in 6.1.3.
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6.1.3 The opting employee must choose, in writing, one of the three (3) Options of section 6.4 of this Appendix within the one hundred and twenty (120) day window. The employee cannot change options once having made a written choice. The Department shall send a copy of the employee’s choice to the President of PIPSC.
6.1.4 If the employee fails to select an option, the employee will be deemed to have selected option (a), 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.
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6.1.6 A copy of any letter issued by the Employer under this part or notice of lay-off pursuant to the Public Service Employment Act shall be sent forthwith to the President of PIPSC.
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6.2 Voluntary programs
6.2.1 Departments and organizations shall establish internal voluntary departure programs for workforce adjustment situations involving five (5) or more employees working at the same group and level within the same work unit.
6.2.2 When such voluntary programs are established, employees who volunteer and who are selected for workforce adjustment will be made opting employees.
6.2.3 When the number of volunteers is larger than the required number of positions to be eliminated, volunteers will be selected based on seniority (total years of service in the public service, whether continuous or discontinuous).
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6.3 Alternation
6.3.1 All departments or organizations must participate in the alternation process.
6.3.2 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.
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6.3.3
a. Only opting and surplus employees who are surplus as a result of having chosen Option A may alternate into an indeterminate position that remains in the core public administration.
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b. If an alternation is proposed for a surplus employee, as opposed to an opting employee, the Transition Support Measure that is available to the alternate under 6.4.1(b) or 6.4.1(c)(i) shall be reduced by one week for each completed week between the beginning of the employee’s surplus priority period and the date the alternation is proposed.
6.3.4 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.
6.3.5 An alternation must permanently eliminate a function or a position.
6.3.6 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.
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6.3.7 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 equivalent. They are considered equivalent 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.
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6.3.8 An alternation must occur on a given date, that is, two (2) employees directly exchange positions on the same day. There is no provision in alternation for a “domino” effect or for “future considerations”.
For clarity, the alternation of positions shall take place on a given date after approval but may take place after the opting one hundred and twenty (120) day period, such as when the processing of the approved alternation is delayed due to the administrative requirements.
6.4 Options
6.4.1 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:
a.
i. 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.
ii. 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).
iii. 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.
iv. 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
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b. 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. The TSM shall be paid in one (1) or two (2) lump-sum amounts, at the employee’s request over a maximum two (2) year period. Employees choosing this Option must resign but will be considered to be laid-off for purposes of severance pay.
or
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c. Education allowance is a Transitional Support Measure (see Option (b) above) plus an amount of not more than fifteen thousand dollars ($15,000) for reimbursement of receipted expenses of an opting employee for tuition from a learning institution and costs of books and relevant equipment.
Employees choosing Option (c) could either:
i. resign from the core public administration but be considered to be laid-off for severance pay purposes on the date of their departure. The TSM shall be paid in one (1) or two (2) lump-sum amounts, at the employee’s request over a maximum two (2) year period;
or
ii. 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.
6.4.2 Management will establish the departure date of opting employees who choose Option (b) or Option (c) above.
6.4.3 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.
6.4.4 In the cases of: pay in lieu of unfulfilled surplus period, Options (b) and (c)(i), the employee relinquishes any priority rights for reappointment upon acceptance of his or her resignation.
6.4.5 Employees choosing Option (c)(ii) who have not provided their department or organization with a proof of registration from a learning institution twelve (12) months after starting their leave without pay period will be deemed to have resigned from the core public administration, and be considered to be laid-off for purposes of severance pay.
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6.4.6 All opting employees will be entitled to up to one thousand dollars ($1,000) towards counselling services in respect of their potential re-employment or retirement. Such counselling services may include financial, and job placement counselling services.
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6.4.7 An opting employee who has received pay in lieu of unfulfilled surplus period, a TSM or an Education Allowance and is re-appointed to the public service 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.
6.4.8 Notwithstanding section 6.4.7, 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.
6.4.9 The deputy head shall ensure that pay in lieu of unfulfilled surplus period is only authorised 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.
6.4.10 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.
6.4.11 Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied.
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6.5 Retention payment
6.5.1 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.
6.5.2 All employees accepting retention payments must agree to leave the core public administration without priority rights.
6.5.3 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 Schedule I and IV of 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.
6.5.4 The provisions of 6.5.5 shall apply in total facility closures where public service jobs are to cease, and:
a. such jobs are in remote areas of the country;
or
b. retraining and relocation costs are prohibitive;
or
c. prospects of reasonable alternative local employment whether within or outside the core public administration) are poor.
6.5.5 Subject to 6.5.4, 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 equivalent to six (6) months’ pay payable upon the day on which the departmental or organizational operation ceases, provided the employee has not separated prematurely.
6.5.6 The provisions of 6.5.7 shall apply in relocation of work units where core public administration work units:
a. are being relocated,
and
b. 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
c. where the employee has opted not to relocate with the function.
6.5.7 Subject to 6.5.6, 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.
6.5.8 The provisions of 6.5.9 shall apply in alternative delivery initiatives:
a. where the core public administration work units are affected by alternative delivery initiatives;
b. 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
c. where the employee has not received a job offer from the new employer or has received an offer and did not accept it.
6.5.9 Subject to 6.5.8, 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 equivalent to six (6) months’ pay payable upon the transfer date, provided the employee has not separated prematurely.
Part VII: special provisions regarding alternative delivery initiatives
Preamble
The administration of the provisions of this part will be guided by the following principles:
a. fair and reasonable treatment of employees;
b. value for money and affordability;
and
c. 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
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.
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.
termination of employment (licenciement de l’employé)
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 resources 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.
1. 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 (for example, 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.
2. 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 (for example, terms and conditions of employment, pension, and health care benefits) that should be available at the date of transfer.
3. 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:
a. Type 1 (full continuity)
Type 1 arrangements meet all of the following criteria:
i. legislated successor rights apply. Specific conditions for successor rights applications will be determined by the labour legislation governing the new employer;
**
ii. the Directive on Terms and Conditions of Employment, 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 PSLREB pursuant to a successor rights application;
**
iii. recognition of continuous employment in the core public administration, as defined in the Directive on Terms and Conditions of Employment, for purposes of determining the employee’s entitlements under the collective agreement continued due to the application of successor rights;
iv. 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;
v. transitional employment guarantee: a two (2) year minimum employment guarantee with the new employer;
vi. coverage in each of the following core benefits: health benefits, long term disability insurance (LTDI) and dental plan;
vii. 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.
b. Type 2 (substantial continuity)
Type 2 arrangements meet all of the following criteria:
i. 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;
ii. 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;
iii. 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;
iv. transitional employment guarantee: employment tenure equivalent to that of the permanent workforce in receiving organizations or a two (2) year minimum employment guarantee;
v. coverage in each area of the following core benefits: health benefits, long-term disability insurance (LTDI) and dental plan;
vi. short-term disability arrangement.
c. 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 6.5, 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 6.5 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-four (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 Schedule I and IV of 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 Schedule I and IV of the Financial Administration Act or 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.
**
However, an employee who has a severance termination benefit entitlement under the terms of paragraph 19.06(b) or (c) of Appendix F shall be paid this entitlement at the time of transfer.
7.9.3 Where:
a. the conditions set out in 7.9.2 are not met;
>b. 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;
c. the employment of an employee is terminated pursuant to the terms of section 7.5.1;
or
d. 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.
Annex “A”: statement of pension principles
1. 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.
2. Benefits in respect of service accrued to the point of transfer are to be fully protected.
3. 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 public service |
Transition Support Measure (TSM) (payment in weeks’ pay) |
|
0 |
10 |
|
1 |
22 |
|
2 |
24 |
|
3 |
26 |
|
4 |
28 |
|
5 |
30 |
|
6 |
32 |
|
7 |
34 |
|
8 |
36 |
|
9 |
38 |
|
10 |
40 |
|
11 |
42 |
|
12 |
44 |
|
13 |
46 |
|
14 |
48 |
|
15 |
50 |
|
16 |
52 |
|
17 |
52 |
|
18 |
52 |
|
19 |
52 |
|
20 |
52 |
|
21 |
52 |
|
22 |
52 |
|
23 |
52 |
|
24 |
52 |
|
25 |
52 |
|
26 |
52 |
|
27 |
52 |
|
28 |
52 |
|
29 |
52 |
|
30 |
49 |
|
31 |
46 |
|
32 |
43 |
|
33 |
40 |
|
34 |
37 |
|
35 |
34 |
|
36 |
31 |
|
37 |
28 |
|
38 |
25 |
|
39 |
22 |
|
40 |
19 |
|
41 |
16 |
|
42 |
13 |
|
43 |
10 |
|
44 |
07 |
|
45 |
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.
Annex “C”: role of PSC in administering surplus and lay-off priority entitlements
1. 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.
2. 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.
3. The PSC will provide surplus and laid-off individuals with information on their priority entitlements.
4. 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.
5. The PSC will ensure that a reinstatement priority is given to all employees who are appointed to a position at a lower level.
6. 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
Memorandum of Agreement with Respect to a Joint Working Group to Study Departments’ Voluntary Departure Guidelines and Procedures for Workforce Adjustment Situations
This memorandum is to give effect to the agreement reached between the Employer and the Professional Institute of the Public Service of Canada in respect of employees in the Applied Science and Patent Examination, Architecture, Engineering and Land Survey, Audit, Commerce and Purchasing, Computer Systems, Health Services and Research bargaining units.
To address the issues raised at the common workforce adjustment table concerning the establishment of voluntary departure programs in departments prior to workforce adjustment situations involving five (5) or more employees working at the same group and level, the Employer and the Professional Institute of the Public Service of Canada agree to establish a joint working group to meet within ninety (90) days of the signing of the agreement(s), to assemble and evaluate existing departmental voluntary departure guidelines and procedures.
In consultation, the working group will report to the parties within twelve (12) months of the signing of the agreement regarding best practices for addressing voluntary departures prior to workforce adjustment situations.
Within sixty (60) days of the working group’s report, The Employer shall issue a communiqué to the head of human resources of each department or organization containing the best practices identified by the working group. A copy will be sent to the President of PIPSC.
All costs associated with the working group will be the responsibility of each party.
**Appendix F
Archived provisions for the elimination of severance pay for voluntary separations (resignation and retirement)
This Appendix is to reflect the language agreed to by the Employer and the Professional Institute of the Public Service of Canada for the elimination of severance pay for voluntary separations (resignation and retirement) on January 25, 2012. These historical provisions are being reproduced to reflect the agreed language in cases of deferred payment.
Article 19
Severance Pay
Effective on January 25, 2012, paragraphs 19.01(b) and (c) are deleted from the collective 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
a
i. On the first lay-off, for the first complete year of continuous employment two (2) weeks’ pay, or three (3) weeks’ pay for employees with ten (10) or more and less than twenty (2) years of continuous employment, or four (4) weeks’ pay for employees with twenty (20) or more years of continuous employment, plus 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).
ii. 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
b. 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
c. 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
d. 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
e.
i. 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.
ii. 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 lump sum in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under this clause be pyramided.
For greater clarity, payments made pursuant to 19.05 to 19.08 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of Clause 19.02.
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
An employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act shall be paid all severance payments resulting from the application of 19.01(b) (prior to January 25, 2012) or 19.05 to 19.08 (commencing on January 25, 2012)
19.05 Severance termination
a. Subject to 19.02 above, indeterminate employees on January 25, 2012, shall be entitled to severance termination benefits equal to 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.
b. Subject to 19.02 above, term employees on January 25, 2012, shall be entitled to severance termination benefits equal to one (1) week’s pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.
Terms of payment
19.06 Options
The amount to which an employee is entitled shall be paid, at the employee’s discretion, either:
a. as a single payment at the rate of pay of the employee’s substantive position as of January 25, 2012,
or
b. as a single payment at the time of the employee’s termination of employment from the core public administration, based on the rate of pay of the employee’s substantive position at the date of termination of employment from the core public administration,
or
c. as a combination of (a) and (b), pursuant to 19.07(c).
19.07 Selection of option
The Employer will advise the employee of his or her years of continuous employment no later than three (3) months following the official date of signing of the collective agreement.
b. The employee shall advise the Employer of the term of payment option selected within six (6) months from the official date of signing of the collective agreement.
c. The employee who opts for the option described in 19.06(c) must specify the number of complete weeks to be paid out pursuant to 19.06(a) and the remainder shall be paid out pursuant to 19.06(b).
d. An employee who does not make a selection under 19.07(b) will be deemed to have chosen option 19.06(b).
19.08 Appointment from a different bargaining unit
This clause applies in a situation where an employee is appointed into a position in the NR bargaining unit from a position outside the NR bargaining unit where, at the date of appointment, provisions similar to those in 19.01(b) and (c) are still in force, unless the appointment is only on an acting basis.
a. Subject to 19.02 above, on the date an indeterminate employee becomes subject to this agreement after January 25, 2012, he or she shall be entitled to severance termination benefits equal to 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, based on the employee’s rate of pay of his substantive position on the day preceding the appointment.
b. Subject to 19.02 above, on the date a term employee becomes subject to this agreement after January 25, 2012, he or she shall be entitled to severance termination benefits equal to one (1) week’s pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee’s rate of pay of his substantive position on the day preceding the appointment.
c. An employee entitled to severance termination benefits under paragraph (a) or (b) shall have the same choice of options outlined in 19.06, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.
d. An employee who does not make a selection under 19.08(c) will be deemed to have chosen option 19.06(b).
**Appendix G
Memorandum of Agreement Between the Treasury Board (Hereinafter Called the Employer) and the Professional Institute of Public Service of Canada (Hereinafter Called the Institute) on Supporting Employee Wellness
This Memorandum of Agreement is to give effect to the agreement reached between the Employer and the Professional Institute of the Public Service of Canada (hereinafter referred to as “the parties”) regarding issues of employee wellness.
The parties will create an Employee Wellness Support Program (EWSP) which will focus on improving employee wellness and the reintegration of employees into the workplace after periods of leave due to illness or injury.
Key features
The EWSP will incorporate the following key features:
· contained in collective agreements;
· benefits for up to 26 weeks (130 working days) with income support replacement at 100%;
· the annual allotment shall be 9 days of paid sick leave for illness or injury that falls outside of the parameters of the EWSP;
· 100% income replacement during the 3 day (working) qualification period when the employee’s claim is approved;
· qualifying chronic or episodic illnesses will be exempt of the waiting period;
· the qualification period will be waived in cases of hospitalization or recurrence of a prior illness or injury approved under EWSP within 30 days;
· employees are entitled to carry over a maximum of 3 days of unused sick leave credits remaining at the end of the fiscal year, for use in the following fiscal year;
· the accumulation of current sick leave credits will cease once the EWSP is implemented. Employees with banked sick leave in excess of 26 weeks, will be entitled to carry over those excess days to provide extended coverage at 100% income replacement prior to accessing LTD;
· travel time for diagnosis and treatment;
· internal case management and return to work services focused on supporting employees when ill or injured;
· an employee on EWSP will be considered to be on leave with pay;
· full costs of administering the EWSP to be borne by Employer; and
· increase the quantum of family related leave by one (1) day.
Process
The parties agree to create a technical committee and a steering committee, with a long-term focus and commitment from senior leadership of the parties.
The steering committee and technical committee will be established within 60 days of signing. The committees will be comprised of an equal number of Employer representatives and Union representatives. The steering committee is responsible for determining the composition of the technical committee.
All time spent by employees in support of the Technical Committee shall be deemed to be leave with pay for Union activities. The Employer will grant leave with pay for employees engaged in these activities, including preparation and travel time.
The technical committee will develop all agreements and documents needed to support the implementation of an EWSP during the next round of collective bargaining. This work shall be completed within one year of signing. The technical committee shall provide interim recommendations for review by the steering committee on the following matters through a series of regular meetings:
· consequential changes to existing leave provisions within the collective agreements, and the Long Term Disability Plan (LTD);
· definitions;
· eligibility conditions for a new EWSP;
· assessment and adjudication processes;
· internal case management and return to work services;
· workplace accommodations;
· creation of a Centre for Workplace Well-Being;
· governance of the EWSP, including dispute resolution mechanisms;
· coverage of operational stress injuries and other injuries sustained by employees deployed in military operations;
· harassment;
· domestic violence; and
· other measures that would support an integrated approach to the management of health for federal public service employees.
The technical committee shall review practices from other Canadian jurisdictions and employers that might be instructive for the public service, recognizing that not all workplaces are the same. Federal public service health and safety committees will be consulted as required by the steering committee, as well as leading Canadian experts in the health and disability management field.
The steering committee is to approve a work plan for the technical committee and timelines for interim reports within 4 months of signing. The technical committee work plan may be amended from time to time by mutual consent of the steering committee members.
Dates may be extended by mutual agreement of the steering committee members. The technical committee terms of reference may be amended from time to time by mutual consent of the steering committee members.
The parties agree if an agreement is not reached within 18 months from the establishment of the Technical Committee, or at any time before that time, to jointly appoint a mediator within 30 days.
Integration into collective agreements
1. Once the parties reach agreement on tentative EWSP language and program design, that agreement will be provided to individual PIPSC bargaining tables for ratification and inclusion in their collective agreements.
2. The agreement reached on the EWSP shall not be altered by any bargaining tables.
3. Future amendments to the EWSP shall require the agreement of the Institute and the Employer. Future amendments shall be negotiated between the parties at a central table made up of an Institute bargaining team and an Employer bargaining team.
Signed at Ottawa, this 7th day of December 2016.
Annex
The parties agree that the following subject areas shall be discussed by the Technical Committee, including but not limited to:
- a. Income support during appeal process;
- b. Updates and Changes to the Long Term Disability Plan;
- c. Medical appointments;
- d. Treatment plans;
- e. Enhanced treatment coverage;
- f. Negative sick leave banks;
- g. Utility for sick leave banks;
- h. Disability management office;
- i. Transitional provisions such as employees on sick leave at date of transition;
- j. Additional sick leave days for health care professionals;
- k. Allotment of sick leave days (earned vs annual advance);
- l. Services provided by the Centre of Workplace Well-Being;
- m. Privacy considerations;
- n. Definition of chronic and episodic illnesses;
- o. Shift workers.