30.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items that may be included in a collective agreement, and which the Parties to this agreement have endorsed after December 6, 1978, and as amended from time to time 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.
30.02 NJC items that may be included in a collective agreement are those items that the Parties to the NJC agreements have designated as such or upon that the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of Understanding that became effective December 6, 1978 and as amended from time to time.
30.03 All directives, which the union has opted to take part in consultation, as amended from time to time by National Joint Council recommendation and that have been approved by the Treasury Board of Canada, form part of this Collective Agreement and can be found at the following website address: http://www.njc-cnm.gc.ca/.
30.04 Grievances in regard to the NJC directives, policies or regulations shall be filed in accordance with clause 24.01 of the Article on grievance procedure in this Collective Agreement.
31.01 When an employee is suspended from duty or terminated in accordance with the Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.
31.02 When an employee is required to attend a meeting, which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Union attend the meeting. Where possible, the employee shall receive a minimum of one (1) day's notice of such a meeting.
31.03 The Employer shall notify the local representative of the Union as soon as possible that such suspension or termination has occurred.
31.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from employee's file the content of which the employee was not aware at the time of filing or within a reasonable period thereafter.
31.05 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee, will be destroyed two (2) years after the disciplinary action was taken, provided no further disciplinary action has been recorded during this period.
32.01 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 National Joint Council Workforce Adjustment agreement concluded by the Parties will apply. In all other cases the following clauses will apply.
32.02 In this Article "Technological Change" means:
32.03 Both Parties recognize the overall advantages of technological change and will, therefore, encourage and promote it 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 that might result from such changes.
32.04 The Employer agrees to provide as much advance notice as is possible but, except in cases of emergency, not less than one hundred and eighty (180) calendar days written notice to the Union of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.
32.05 The written notice provided for in clause 32.04 will provide the following information:
32.06 As soon as reasonably possible after notice is given under clause 32.04, the Employer shall consult meaningfully with the Union concerning the rationale for the change and the topics referred to in clause 32.05 on each group of employees, including training.
32.07 When, because of technological change, the Employer determines that an employee needs 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 without loss of pay and at no cost to the employee.
33.03 Upon written request of an employee, the personnel file of that employee shall be made available once (1) per year for his or her examination in the presence of an authorized representative of the Employer.
34.01 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 origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Union, marital status, or a conviction for which a pardon has been granted.
35.01 The Employer shall reimburse an employee for the payment of membership or registration fees to an organization or governing body when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee's position.
35.02 Membership dues referred to in Article 8, Check‑Off, of this Agreement are specifically excluded as reimbursable fees under this Article.
36.01 The duration of this Collective Agreement shall be from the date it is signed to September 30, 2014.
36.02 Unless as otherwise expressly stipulated, this Agreement shall become effective on the date it is signed.
36.03 The provisions of this Collective Agreement shall be implemented by the Parties within a period of one hundred and fifty (150) days from the date of signing.
37.01 This Agreement may be amended by mutual consent.
Signed at Ottawa, this 14th day of the month of February 2012.