Border Services (FB)
Article 1 -
Purpose and Scope of Agreement
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.
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
- "Alliance" (Alliance)
- means the Public
Service Alliance of Canada.
- "allowance" (indemnité)
- means compensation
payable for the performance of special or additional duties.
provision" (disposition de
- means a provision of this Agreement which may have application
to only certain employees.
unit" (unité de négociation)
- means the employees of the Employer in the group described in Article 9.
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.
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.
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.
rate of pay" (taux de
- means an employee's weekly rate of pay divided by
of rest" (jour de repos)
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.
time" (tarif double)
- means two (2) times the employee's
hourly rate of pay.
- means a person so
defined in the Public Service Labour
Relations Act and who is a member of the bargaining unit specified in
- 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.
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.
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.
rate of pay" (taux de
- means a full-time employee's weekly rate of pay
divided by thirty-seven decimal five (37.5) hours.
(mise en disponibilité)
- means the
termination of an employee's employment because of lack of work or because of
the discontinuance of a function.
- means authorized absence
from duty by an employee during his or her regular or normal hours of work.
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
- 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;
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.
- 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.
rate" (tarif normal)
the employee's hourly rate of pay.
and one-half" (tarif et demi)
- means one and one-half (1 1/2) times the employee's hourly rate of pay.
and three-quarters" (tarif et
- means one and three-quarters (1 3/4) times the employee's
hourly rate of pay.
rate of pay" (taux de
- 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 -
The provisions of this Agreement apply to the Alliance, the employees and the
The English and French texts of this Agreement shall be official.
Article 4 -
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
Article 5 -
Precedence of Legislation and the Collective Agreement
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 -
Except to the extent provided herein, this Agreement in no way restricts the
authority of those charged with managerial responsibilities in the public
Article 7 -
National Joint Council Agreements
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.
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:
Aid to the General Public – Allowance for Employees
Posts and Government Housing Directive
of Understanding on Definition of Spouse
Service Health Care Plan Directive
Integrated Relocation 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
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.