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Radio Operations (RO)


Article 34
Grievance Procedure

34.01 In cases of alleged misinterpretation or misapplication arising out of 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, the grievance procedure will be in accordance with section 15.0 of the NJC By-Laws.

34.02 The parties recognize the value of informal discussion between officers and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When the parties avail themselves of an informal conflict management system established pursuant to section 207 of the PSLRA, the time limits prescribed in the Article 34 Grievance Procedure are suspended until either party gives the other notice in writing to the contrary.

34.03 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.

34.04 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the officer and, where appropriate, the Union Representative.

34.05 Where the provisions of clauses 34.07, 34.24 or 34.38 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 level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

34.06 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.

Individual Grievances

34.07 An officer who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the officer's immediate supervisor or local officer-in-charge who shall forthwith:

  1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
    and
  2. provide the officer with a receipt stating the date on which the grievance was received by him.

34.08 Presentation of grievance

  1. Subject to subsections (2) to (7), an officer is entitled to present an individual grievance if he or she feels aggrieved
    1. by the interpretation or application, in respect of the officer, of
      1. 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
      2. a provision of a collective agreement or an arbitral award;
      or
    2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.
  2. An officer may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
  3. Despite subsection (2), an officer may not present an individual grievance in respect of the right to equal pay for work of equal value.
  4. An officer may not present an individual grievance relating to the interpretation or application, in respect of the officer, of a provision of a collective agreement or an arbitral award unless the officer has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies.
  5. An officer who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that an officer who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act.
  6. An officer may not present an individual grievance relating to any action taken under any instruction, direction or regulation 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.
  7. For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation 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.

34.09 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

  1. Level 1 - first (1st) level of management;
  2. Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);
  3. Final level: the Deputy Minister (or his equivalent) or his delegated representative.

34.10 Representatives

  1. The Employer shall designate a representative at each level in the grievance procedure and shall inform each officer to whom the procedure applies of the title of the person so designated together with the title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.
  2. This information shall be communicated to officers by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the officers to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Union.

34.11 An officer may be assisted and/or represented by the Union when presenting a grievance at any level. The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

34.12 An officer may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 34.07, not later than the twenty-fifth (25th) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to grievance.

34.13 An officer may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:

  1. where the decision or offer for settlement is not satisfactory to the officer, within ten (10) days after that decision or offer for settlement has been conveyed in writing to the officer by the Employer,
    or
  2. where the Employer has not conveyed a decision to the officer within the time prescribed in clause 34.14, within twenty-five (25) days after he presented the grievance at the previous level.

34.14 The Employer shall normally reply to an officer's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.

34.15 Where an officer has been represented by the Union in the presentation of his grievance, the Employer will provide the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the officer.

34.16 Where a grievance has been presented up to and including the final level 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 level in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.

34.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the officer, and, where applicable, the Union.

34.18 Where the Employer demotes or terminates an officer for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply, except that the grievance may be presented at the final level only,

34.19 An officer may by written notice to his immediate supervisor or officer-in-charge withdraw a grievance.

34.20 Any officer who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits.

34.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an officer to abandon his grievance or refrain from exercising his right to present a grievance, as provided in this Collective Agreement.

34.22 Reference to Adjudication

  1. An officer may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the officer's satisfaction if the grievance is related to
    1. the interpretation or application in respect of the officer of a provision of a collective agreement or an arbitral award;
    2. a disciplinary action resulting in termination, demotion, suspension or financial penalty;
    3. demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct,
  2. When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
  3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).
  4. Nothing in subsection (1) above is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to
    1. any termination of employment under the Public Service Employment Act;
      or
    2. any deployment under the Public Service Employment Act, other than the deployment of the officer who presented the grievance.

34.23 Before referring an individual grievance related to matters referred to in paragraph 34.22(1)(a), the officer must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings.

Group Grievances

34.24 The Union may present a grievance at any prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:

  1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
    and
  2. provide the bargaining agent with a receipt stating the date on which the grievance was received by him.

34.25 Presentation of Group Grievance

  1. The bargaining agent for a bargaining unit may present to the employer a group grievance on behalf of officers in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those officers, of a provision of a collective agreement or an arbitral award.
  2. In order to present the grievance, the bargaining agent must first obtain the consent of each of the officers concerned in the form provided for by the regulations. The consent of an officer is valid only in respect of the particular group grievance for which it is obtained.
  3. The group grievance must relate to officers in a single portion of the federal public administration.
  4. A bargaining agent may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
  5. Despite subsection (4), a bargaining agent may not present a group grievance in respect of the right to equal pay for work of equal value.
  6. If an officer has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the employer, the bargaining agent may not include that officer as one on whose behalf it presents a group grievance in respect of that matter if the policy expressly provides that an officer who avails himself or herself of the complaint procedure is precluded from participating in a group grievance under this article.
  7. A bargaining agent may not present a group grievance relating to any action taken under any instruction, direction or regulation 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.
  8. For the purposes of subsection (7), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation 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.

34.26 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

  1. Level 1 - first (1st) level of management;
  2. Levels 2 and 3 where such level or levels are established in Departments or Agencies - intermediate level(s);
  3. Final level: the Deputy Minister (or his equivalent) or his delegated representative.

34.27 The Employer shall designate a representative at each level in the grievance procedure and shall inform the Union of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented. The employer shall notify the Union of this information.

34.28 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

34.29 The Union may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 34.24, no later than the twenty-fifth (25th) day after the earlier of the day on which the aggrieved officers received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.

34.30 The Union may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:

  1. where the decision or offer for settlement is not satisfactory to the Union, within ten (10) days after that decision or offer for settlement has been conveyed in writing to the Union by the Employer,
    or
  2. where the Employer has not conveyed a decision to the Union within the time prescribed in clause 34.31, within twenty-five (25) days after the Union presented the grievance at the previous level.

34.31 The Employer shall normally reply to the Union's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.

34.32 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the Union.

34.33 The Union may by written notice to officer-in-charge withdraw a grievance.

34.34 Opting out of a group Grievance

  1. An officer in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the Union that the officer no longer wishes to be involved in the group grievance.
  2. After receiving the notice, the bargaining agent may not pursue the grievance in respect of the officer.

34.35 The Union failing to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond its control, it was unable to comply with the prescribed time limits.

34.36 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Union to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

34.37 Reference to Adjudication

  1. The bargaining agent may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction.
  2. When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
  3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

Policy Grievances

34.38 The Employer and the Union may present a grievance at the prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:

  1. forward the grievance to the representative of the Union or the Employer, as the case may be, authorized to deal with the grievance,
    and
  2. provide the Union or the Employer, as the case may be, with a receipt stating the date on which the grievance was received by him.

34.39 Presentation of Policy Grievance

  1. The employer and a bargaining agent may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally.
  2. Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act.
  3. Despite subsection (2), neither the employer nor a bargaining agent may present a policy grievance in respect of the right to equal pay for work of equal value.
  4. A bargaining agent may not present a policy grievance relating to any action taken under any instruction, direction or regulation 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.
  5. For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation 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.

34.40 Neither the Employer nor the Union may present a grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.

34.41 There shall be no more than one (1) level in the grievance procedure.

34.42 The Employer and the Union shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.

34.43 The Employer and the Union may present a grievance in the manner prescribed in clause 34.38, no later than the twenty-fifth (25th) day after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.

34.44 The Employer and the Union shall normally reply to the grievance within sixty (60) days when the grievance is presented.

34.45 The Employer or the Union, as the case may be, may by written notice to officer-in-charge abandon a grievance.

34.46 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Employer or the Union to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

34.47 Reference to Adjudication

  1. A party that presents a policy grievance may refer it to adjudication.
  2. When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.
  3. The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (2).

Expedited Adjudication

34.48 The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

  1. 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.
  2. When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Union will submit to the PSLRB the consent form signed by the grievor or the bargaining agent.
  3. The parties may proceed with or without an Agreed Statement of Facts. When the parties arrive at an Agreed Statement of Facts it will be submitted to the PSLRB or to the Adjudicator at the hearing.
  4. No witnesses will testify.
  5. The Adjudicator will be appointed by the PSLRB from among its members who have had at least three (3) years experience as a member of the Board.
  6. Each Expedited Adjudication session will take place in Ottawa, unless the parties and the PSLRB agree otherwise. The cases will be scheduled jointly by the parties and the PSLRB, and will appear on the PSLRB schedule.
  7. 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.
  8. 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 35
Joint Consultation

35.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussions aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.

35.02 Within five (5) days of notification of consultation served by either party, the Union shall notify the Employer in writing of the representative authorized to act on behalf of the Union for consultation purposes.

35.03 Without prejudice to the position the Employer or the Union may wish to take in future about the desirability of having the subjects dealt with by provisions of collective agreements, the following subjects, as they affect officers covered by this Agreement, shall be regarded as appropriate subjects of consultation involving the Employer and the Union during the term of this Agreement:

  1. Pay administration
  2. Relocation directive
  3. Insurance for long-term disability
  4. Training
  5. Cafeterias, mobile canteens, washrooms, restrooms, showers, locker facilities and recreational facilities
  6. Parking privileges
  7. Payment of school fees and costs of transportation to school for children of officers
  8. Provision of uniforms and protective clothing
  9. Provision to the Union of departmental manuals and Employer directives
  10. Technological change and reduction in work force, including measures to deal with their effect on officers
  11. Isolated Posts and Government Housing Directive
  12. Travel Directive
  13. Foreign Service Directive
  14. Employer's share of premium payments for GSMIP, Provincial and Supplementary Hospital Insurance.

35.04 With respect to the subjects listed in clause 35.03, the Employer agrees that new policies will not be introduced and existing regulations or directives will not be cancelled or amended by the Treasury Board in such a way as to affect officers covered by this Agreement until such time as the Union has been given a reasonable opportunity to consider and to consult on the Employer's proposals.

35.05 Wherever possible, the Employer shall consult with representatives of the Union at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

Consultation Committees

35.06 To facilitate discussions on matters of mutual interest outside the terms of the collective agreement the Employer will recognize a National Radio Operations Group Committee and Regional Radio Operations Group Committees of the Union for the purpose of consulting with management. Representation at such meetings will be limited to three (3) representatives from each party.

35.07 Meetings of these Committees will be held on the Employer's premises.

35.08 Consultation may take place for the purpose of providing information, discussing the application of policy or airing problems to promote understanding, but it is expressly understood that no commitment may be made by either party on the 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 36
Contracting Out

36.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of officers who would otherwise become redundant because work is contracted out.

Article 37
National Joint Council Agreements

37.01 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 article 113 of the PSLRA.

37.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman 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.

Article 38
Officer Performance Review and Officer Files

38.01 When a formal review of an officer's performance is made, the officer concerned shall be given an opportunity to discuss and then sign the review form in question to indicate that its contents have been read and understood. Upon written request, a copy of the completed review form will be provided to the officer.

38.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an officer, the existence of which the officer was not aware at the time of filing, or within a reasonable period thereafter.

38.03 Notice of disciplinary action which may have been placed on the personnel file of an officer 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.

38.04 Upon written request of an officer, the personnel file of that officer may be made available at least once per year for his examination in the presence of an authorized representative of the Employer.

Article 39
Notice of Transfer

39.01 Where practicable, advance notice of a change in posting or a transfer from an officer's headquarters area as defined by the Employer, shall be given to an officer. Such notice shall not normally be less than two (2) months.

Article 40
Statement of Duties

40.01 Upon written request, an officer shall be entitled to a complete and current statement of the duties and responsibilities of his position including the position's classification level and point rating allotted by factor.

Article 41
Agreement Reopener Clause

41.01 This Agreement may be amended by mutual consent.

Article 42
Allowances

On-the-Job Training Allowance

42.01 When an RO-1, RO-2, RO-3 or RO-4 officer in an operating station is assigned to provide on-the-job training to an RO officer who has not yet qualified to operate at that station, the trainer shall be entitled to receive three dollars ($3.00) for each complete hour during which he provides such training.

Article 43
No Discrimination

43.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an officer 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.

Article 44
Part-Time Officers

Definition

44.01 Part-time officer means a person whose normal hours of work are less than those established in the Hours of Work article of this Agreement, but not less than those prescribed in the Public Service Labour Relations Act.

General

44.02 Part-time officers shall be entitled to the benefits provided under this Agreement in the same proportion as their normal weekly hours of work compare with the normal weekly hours of work, specified by this Agreement, of full-time officers unless otherwise specified in this Agreement.

44.03 Part-time officers shall be paid at the straight-time rate of pay for all work performed up to the normal daily or weekly hours specified by this Agreement for a full-time officer.

44.04 The days of rest provisions of this agreement apply only in a week when a part-time officer has worked five (5) days and the weekly hours specified by this Agreement.

44.05 Leave will only be provided:

  1. during those periods in which officers are scheduled to perform their duties;
    or
  2. where it may displace other leave as prescribed by this Agreement.

Designated Holidays

44.06 A part-time officer shall not be paid for the designated holidays but shall, instead be paid four decimal two five per cent (4.25%) for all straight-time hours worked.

44.07 When a part-time officer is required to work on a day which is prescribed as a designated paid holiday for a full-time officer in clause 20.01 of this Agreement, the officer shall be paid at time and one-half (1 1/2) of the straight-time rate of pay for all hours worked up to the regular daily scheduled hours of work as specified by this Agreement and double time (2) thereafter.

44.08 A part-time officer who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time officer in clause 20.01 of this Agreement, shall be paid for the time actually worked in accordance with clause 44.07, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.

Overtime

44.09 Overtime means authorized work performed in excess of the normal daily or weekly hours of work, specified by this Agreement, of a full-time officer, but does not include time worked on a holiday.

44.10 Subject to 44.09 a part-time officer who is required to work overtime shall be paid overtime as specified by this Agreement.

Call-Back

44.11 When a part-time officer meets the requirements to receive call-back pay in accordance with clause 24.01 and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time officer shall be paid a minimum payment of four (4) hours pay at the straight-time rate.

Reporting Pay

44.12 Subject to 44.04, when a part-time officer meets the requirements to receive reporting pay on a day of rest, in accordance with clause 25.01 of this Agreement, and is entitled to receive a minimum payment rather than pay for actual time worked, the part-time officer shall be paid a minimum payment of four (4) hours pay at the straight-time rate of pay.

Bereavement Leave

44.13 Notwithstanding clause 44.02, there shall be no prorating of a "day" in clause 19.02 - Bereavement Leave With Pay.

Vacation Leave

44.14 A part-time officer shall earn vacation leave credits for each month in which the officer receives pay for at least twice (2) the number of hours in the officer's normal workweek, at the rate for years of service established in the vacation leave entitlement clause 29.02 specified by this Agreement, prorated and calculated as follows:

  1. when the entitlement is six decimal two five (6.25) hours in a month, .166 multiplied by the number of hours in the officer's workweek per month;
  2. when the entitlement is nine decimal three seven five (9.375) hours in a month, .250 multiplied by the number of hours in the officer's workweek per month;
  3. when the entitlement is twelve decimal five (12.5) hours in a month, .333 multiplied by the number of hours in the officer's workweek per month;
  4. when the entitlement is thirteen decimal seven five (13.75) hours in a month, .367 multiplied by the number of hours in the officer's workweek per month;
  5. when the entitlement is fourteen decimal three seven five (14.375) hours in a month, .383 multiplied by the number of hours in the officer's workweek per month;
  6. when the entitlement is fifteen decimal six two five (15.625) hours in a month, .416 multiplied by the number of hours in the officer's workweek per month;
  7. when the entitlement is sixteen decimal eight seven five (16.875) hours in a month, .450 multiplied by the number of hours in the officer's workweek per month;
  8. when the entitlement is eighteen decimal seven five (18.75) hours in a month, .500 multiplied by the number of hours in the officer's workweek per month.

Sick Leave

44.15 A part-time officer shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an officer's normal workweek for each calendar month in which the officer has received pay for at least twice (2) the number of hours in the officer's normal workweek.

44.16 Vacation and Sick Leave Administration

  1. For the purposes of administration of clauses 44.14 and 44.15, where an officer does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate calculated on a monthly basis.
  2. An officer 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 officer.

Severance Pay

44.17 Notwithstanding the provisions of Article 27, Severance Pay, of this Agreement, where the period of continuous employment in respect of which 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.

Article 45
Shift Principle

45.01 It is recognized that certain full-time indeterminate officers whose hours of work are regularly scheduled on a shift basis in accordance with clause 21.03 or Appendix "E" of this Agreement and who receive Shift Premium in accordance with clause 23.0l, are required to attend certain proceedings under this collective agreement as identified in clause 45.01(a) and certain other proceedings identified in clause 45.01(b) of this article which normally take place between the hours of 9 a.m. to 5 p.m. from Monday to Friday inclusive.

When such an officer is scheduled to work on the day of that proceeding and when the proceeding is not scheduled during the officer's scheduled shift for that day and when the majority of the hours of the officer's scheduled shift on that day do not fall between the hours of 9 a.m. to 5 p.m. upon written application by the officer, the Employer shall endeavour, where possible, to change the officer's shift on the day of the proceeding so that the majority of the hours fall between 9 a.m. to 5 p.m. provided that operational requirements are met, there is no increase in cost to the Employer and sufficient advance notice is given by the officer.

  1. Certain Proceedings Under this Agreement
    1. PSLRB Proceedings
      • Clauses 18.01, 18.02, 18.04, 18.05 and 18.06
    2. Personnel Section Process
      • Clause 19.04
    3. Contract Negotiation and Preparatory Contract Negotiation Meetings
      • Clauses 18.10 and 18.11
    4. Safety and Health Committees
      • Clause 33.01
  2. Certain Other Proceedings
    • Training courses which the officer is required to attend by the Employer.

Article 46
Duration

46.01 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date it is signed.

**

46.02 This Agreement shall expire on April 30, 2014.

46.03 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 of signing.

Signed at Ottawa, this 25th day of the month of May 2012.

The Treasury Board of Canada

Marc-Arthur Hyppolite
John Park
Muriel Lamothe
Alex Li
Michel Desparois
Annick Rollin
François Boulanger

The CAW Local 2182

Martin Grégoire
Joel Fournier
Pamela Walter
Paul Hodder
Jean Bourdon
Peter Fraser
Allan Hughes