Border Services (FB)
Part I: General Provisions
Article 1 - Purpose and Scope of Agreement
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Alliance and the employees and to set forth herein certain terms and conditions of employment for all employees described in the certificate issued by the Public Service Labour Relations Board on February 21, 2007, covering employees in the Border Services Group.
1.02 The parties to this Agreement share a desire to improve the quality of the public service of Canada and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and efficiently 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 units are employed.
Article 2 - Interpretation and Definitions
2.01 For the purpose of this Agreement:
- "Alliance" (Alliance)
- means the Public Service Alliance of Canada.
- "allowance" (indemnité)
- means compensation payable for the performance of special or additional duties.
- "alternate provision" (disposition de dérogation)
- means a provision of this Agreement which may have application to only certain employees.
- "bargaining unit" (unité de négociation)
- means the employees of the Employer in the group described in Article 9.
- "common-law partner" (conjoint de fait)
- means a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year.
- "compensatory leave" (congé compensateur)
- means leave with pay in lieu of cash payment for overtime, travelling time compensated at overtime rate, call-back and reporting pay. The duration of such leave will be equal to the time compensated or the minimum time entitlement, multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay, as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken.
"continuous employment" (emploi continu)
- has the same meaning as specified in the existing Directive on Terms and Conditions of Employment of the Employer on the date of signing of this Agreement.
- "daily rate of pay" (taux de rémunération journalier)
- means an employee's weekly rate of pay divided by five (5).
- "day of rest" (jour de repos)
- in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave or absent from duty without permission.
- "double time" (tarif double)
- means two (2) times the employee's hourly rate of pay.
- "employee" (employé-e)
- means a person so defined in the Public Service Labour Relations Act and who is a member of the bargaining unit specified in Article 9.
- "Employer" (Employeur)
- means Her Majesty in right of Canada, as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board.
- "excluded provision" (disposition exclue)
- means a provision of this Agreement which may have no application at all to certain employees and for which there are no alternate provisions.
- "family" (famille)
- except where otherwise specified in this Agreement, means father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee, grandchild, father-in-law, mother-in-law, the employee's grandparents and relative permanently residing in the employee's household or with whom the employee permanently resides.
- "holiday" (jour férié)
- the twenty-four (24) hour period commencing at 00:01 hour of a day designated as a paid holiday in this Agreement.
for the purpose of administration of a shift that does not commence and end on
the same day, such shift shall be deemed to have been entirely worked:
- on the day it commenced, where half (1/2)
or more of the hours worked fall on that day;
- on the day it terminates, where more than half (1/2) of the hours worked fall on that day.
- on the day it commenced, where half (1/2) or more of the hours worked fall on that day;
- "hourly rate of pay" (taux de rémunération horaire)
- means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5) hours.
- "lay-off" (mise en disponibilité)
- means the termination of an employee's employment because of lack of work or because of the discontinuance of a function.
- "leave" (congé)
- means authorized absence from duty by an employee during his or her regular or normal hours of work.
- "membership dues" (cotisations syndicales)
- means the dues established pursuant to the constitution of the Alliance as the dues payable by its members as a consequence of their membership in the Alliance and shall not include any initiation fee, insurance premium or special levy.
- "overtime" (heures supplémentaires)
- in the case of a full-time employee, authorized work in excess of the employee's
scheduled hours of work;
- in the case of a part-time employee, authorized work in excess of seven decimal
five (7.5) hours per day or thirty-seven decimal five (37.5) hours per week,
but does not include time worked on a holiday;
- in the case of a part-time employee whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day in accordance with the Variable Hours of Work provisions (clauses 25.25 to 25.28), authorized work in excess of those normal scheduled daily hours or an average of thirty-seven decimal five (37.5) hours per week.
- in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work;
- "spouse" (époux)
- 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.
- "straight-time rate" (tarif normal)
- means the employee's hourly rate of pay.
- "time and one-half" (tarif et demi)
- means one and one-half (1 1/2) times the employee's hourly rate of pay.
- "time and three-quarters" (tarif et trois quarts)
- means one and three-quarters (1 3/4) times the employee's hourly rate of pay.
- "weekly rate of pay" (taux de rémunération hebdomadaire)
- means an employee's annual rate of pay divided by fifty-two decimal one seven six (52.176).
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
- if defined in the Public Service Labour Relations Act, have the same meaning as given
to them in the Public Service Labour
- 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 - Application
3.01 The provisions of this Agreement apply to the Alliance, the employees and the Employer.
3.02 The English and French texts of this Agreement shall be official.
Article 4 - State Security
4.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
Article 5 - Precedence of Legislation and the Collective Agreement
5.01 In the event that any law passed by Parliament applying to employees renders null and void any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement.
Article 6 - Managerial Responsibilities
6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the public service.
Article 7 - National Joint Council Agreements
7.01 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 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.
7.02 The NJC items which may be included in a collective agreement are those items the parties to the NJC agreements have designated as such or upon which the Chairperson of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
- The following directives, as amended
from time to time by National Joint Council recommendation, which have been
approved by the Treasury Board of Canada, form part of this 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
- Memorandum of Understanding on Definition of Spouse
- Public Service Health Care Plan Directive
- NJC Integrated Relocation Directive
- Travel Directive
- Uniforms Directive
- Occupational Safety and Health
- Occupational Safety and Health Directive
- Committees and Representatives Directive
- Motor Vehicle Operations Directive
- Pesticides Directive
- Refusal to Work Directive
- During the term of this Agreement, other directives may be added to the above-noted list.
7.04 Grievances in regard to the above directives shall be filed in accordance with clause 18.01 of the Article on grievance procedure in this Agreement.
Article 8 - Dental Care Plan
8.01 The Dental Care plan as contained in the Master Agreement between the Treasury Board and the Public Service Alliance of Canada with an expiry date of June 30, 1988, and as subsequently amended from time to time, shall be deemed to form part of this Agreement.
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