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Part II - Labour Relations Matters

Article 7
Recognition and Employee Representatives

7.01 The Employer recognizes the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) as the exclusive bargaining agent for all employees in the bargaining unit as defined in the certificate issued by the former Public Service Staff Relations Board on the twenty-eight (28^th) day of November, 1967, amended on the seventh (7^th) day of June, 1999 and amended again on the twenty-sixth (26^th) day of August, 2005.

7.02 The Union shall notify the Employer promptly and in writing of the names of its representatives, the respective dates of their appointment and the names, if any, of those representatives who are being replaced or discontinued.

7.03 The Employer acknowledges the right of the Union to appoint employees as Stewards. The Union and Employer jointly shall determine the jurisdiction of the Steward having regard to the plan of organization, the disbursement of employees at the work place, and the administrative structure implied in the grievance procedure.

7.04 The Union recognizes that employees who are representatives of the Union have regular duties to perform in connection with their work for the Employer.

7.05 A Steward shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate complaints or grievances of an urgent nature, to meet with local management for the purpose of dealing with these matters and to attend meetings called by management. Such permission shall not be unreasonably withheld. The Steward shall report back to his or her supervisor before resuming his or her normal duties.

Article 8
Check-Off

8.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct Union membership dues from the monthly pay of all employees in the bargaining unit.

8.02 The provisions of clause 8.01 will be applied effective the first (1^st) of the month following the signing of this Agreement and the deductions from the pay for each employee in respect of each month will start with the first (1^st) full month of employment. Where an employee does not have sufficient earnings in respect of any month to permit deduction the Employer shall not be obliged to make such deduction from subsequent salary.

8.03 The amounts deducted in accordance with clause 8.01 shall be remitted by cheque to the National Secretary-Treasurer of the Union within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the amount of the deduction made on behalf of each employee.

8.04 The Employer shall provide a voluntary revocable check-off of premiums payable on health and sickness, and life insurance plans provided by the Union for its members on the basis of production of appropriate documentation, provided that the amounts so deducted are combined with Union dues in a single monthly deduction.

8.05 The Union agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article.

8.06 If a general revision in the amount of membership dues is to be made during the term of the Agreement, the Union agrees to notify the Employer in writing at least sixty (60) days prior to the effective date of such revision.

8.07 No employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Union, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

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8.08 An employee who satisfies the union as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization 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 organization involved. The union will inform the Employer accordingly.

Article 9
Grievance Procedure

9.01 Employee complaints or grievances will be dealt with in accordance with the procedure set forth in this Article.

9.02 Definitions

(a) Days - All "days" referred to in this procedure are calendar days exclusive of Saturdays, Sundays and designated holidays.

(b) Immediate Supervisor - The "immediate supervisor" is the supervisor who has been specified by the Department to deal with a complaint from employees in his or her work area, and to receive written grievances and process them to the appropriate step in the procedure.

(c) Management Representative - The "management representative" is the officer identified by the Employer as an authorized representative whose decision constitutes a step in the grievance procedure.

9.03 Right to Present Grievances

Subject to and as provided in Section 208 of the Public Service Labour Relations Act an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the Employer in matters other than those which are dealt within the classification grievance process is entitled to present a grievance in accordance with the procedure provided by this Article except that:

(a) where there is another administrative procedure provided in or under any Act of Parliament to deal with an employee's specific complaint such procedures must be followed,

and

(b) where the grievance relates to the interpretation or application of this Collective Agreement or an arbitral award relating thereto the employee is not entitled to present the grievance unless the employee has the approval of and is represented by the Union.

A grievance must be presented not later than twenty-five (25) days from the day on which the employee was notified or informed of the decision or circumstance that is the subject of his or her grievance.

9.04 Representation

An employee may be assisted and/or represented by an authorized representative of the Union when presenting a grievance at any step. Such representative may meet with the Employer to discuss a grievance at each or any step of the grievance procedure.

9.05 Procedure

Complaints - An employee who has a complaint should attempt to resolve the same through discussion with his or her immediate supervisor.

9.06 Step One

An employee may present his or her grievance in writing to his or her immediate supervisor within the twenty-five (25) day period referred to in clause 9.03 above. The immediate supervisor shall sign the form indicating the time and date received. A receipted copy will be returned to the employee and a copy forwarded to the management representative authorized to make a decision at Step One. The management representative shall give the decision as quickly as possible and not later than fifteen (15) days after the day on which the grievance was presented. The decision will be in writing and a copy will be returned, through the immediate supervisor, to the employee.

9.07 Step Two

If a decision in Step One is not acceptable to the employee, he or she may, not later than ten (10) days after receipt of the decision in Step One, or if no decision was received, not later than fifteen (15) days after the last day on which he or she was entitled to receive a decision, present the written grievance to his or her immediate supervisor who will sign it indicating the time and date received. A receipted copy will be returned to the employee and a copy forwarded to the management representative authorized to make a decision at Step Two. The management representative shall give the decision as quickly as possible and not later than fifteen (15) days after the grievance was presented. The decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the employee.

9.08 Step Three

If a decision in Step Two is not acceptable to the employee, he or she may, not later than ten (10) days after receipt of the decision in Step Two, or if no decision was received, not later than fifteen (15) days after the last day on which he or she was entitled to receive a decision, present the written grievance to his or her immediate supervisor who will sign it indicating the time and the date received. A receipted copy will be returned to the employee and a copy forwarded to the Deputy Minister or delegated representative authorized to make a decision at Step Three. The Deputy Minister or delegated representative shall give the decision as quickly as possible and not later than twenty (20) days after the grievance was presented. The decision will be in writing and the employee copy will be returned, through the immediate supervisor, to the employee. The decision of the Deputy Minister or delegated representative at the final step of the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

9.09 Copy to Union

Where a grievance relates to the interpretation or application in respect of an employee of a provision of this Collective Agreement or an arbitral award relating thereto, or where the employee has indicated that he or she is being represented by the Union, a copy of the reply at each step of this procedure shall be forwarded to the authorized representative of the Union.

9.10 Demotion or Termination for Cause

A grievance resulting from the demotion or termination of an employee for cause pursuant to sub-clause 12(1)(c), (d), or (e) of the Financial Administration Act shall begin at the final step of the grievance procedure. The written decision of the Deputy Minister or delegated representative shall be given as quickly as possible and not later than thirty (30) days after the grievance is presented.

9.11 Permission to Enter Premises or Offices

A representative of the Union other than an employee will be permitted access to the Employer's premises to assist in the settlement of a grievance, provided the Union has formally identified the representative in writing to the Employer and the prior approval of the Employer has been obtained.

9.12 Adjudication of Grievances

Where an employee has presented a grievance up to and including the final step in the grievance procedure with respect to:

(a) the interpretation or application in respect of the employee of a provision of this Collective Agreement or an arbitral award relating thereto,

or

(b) disciplinary action resulting in suspension or a financial penalty,

or

(c) termination of employment or demotion pursuant to sub-clause 12(1)(c), (d), or (e) of the Financial Administration Act,

and the employee's grievance has not been dealt with to his or her satisfaction, the employee may refer the grievance to adjudication.

9.13 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this Collective Agreement or an arbitral award relating thereto, the employee is not entitled to refer the grievance to adjudication unless the Union 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.

9.14 Extension of Normal Time Limit

The time limits stipulated in this procedure may be extended by mutual agreement between the Management representative and the employee, and the Union representative where the Union is representing the employee.

9.15 Abandonment

An employee may, by written notice to his or her immediate supervisor or local officer-in-charge, abandon a grievance at any time during the grievance process. If the grievance in question has been processed with the support of the Union, the Employer will notify the Union, that the employee has abandoned the grievance. The abandonment of a grievance shall not prejudice the position of the Union in dealing with grievances of a similar nature.

9.16 Where an employee fails to present a grievance to the next higher step within the prescribed time limits the employee shall be deemed to have abandoned the grievance.

9.17 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 NJC parties have endorsed, the grievance procedure will be in accordance with Part 14 of the NJC By-Laws.

Article 10
Discipline

10.01 An employee shall be notified in writing of any disciplinary action, except an oral warning, taken against the employee by the Employer within a reasonable period of that action having been taken.

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

10.03 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. The employee shall be notified orally when such notice has been destroyed.

10.04 Where any disciplinary notice is placed on an employee's personnel file, a copy of such letter or note must be presented to the employee or sent by registered mail to the employee's last known address within forty-eight (48) hours of its placement on the employee's personnel file.

Article 11
Leave for Union Business

11.01 Where operational requirements permit, the Employer will grant leave without pay to an employee who has been elected to a full-time office of the Union. The duration of such leave shall be for the period the employee is elected to hold office.

11.02 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees at any one time to attend Union Executive Council meetings, congresses and conventions. Leave without pay for this purpose shall be requested in writing to the Employer as far in advance as possible of the date the leave is to commence, but normally not less than fifteen (15) calendar days in advance. Approval of such requests shall not unreasonably be withheld.

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11.03  Public Service Labour Relations Board Hearings Pursuant to Subsection 190(1) of the Public Service Labour Relations Act (PSLRA)

Where operational requirements permit, in cases of complaints made to the Public Service Labour Relations 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 on his own behalf before the Public Service Labour Relations 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.

(c) The Employer will grant leave with pay to an employee called as a witness by the Public Service Labour Relations Board.

(d) Where operational requirements permit, the Employer will grant leave without pay to an employee called as a witness by an employee or the Union.

11.04 Arbitration Board and Public Interest Commission Hearings

(a) Where operational requirements permit, the Employer will grant leave without pay to an employee representing the Union before an Arbitration Board or Public Interest Commission.

(b) The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or Public Interest Commission, and where operational requirements permit, leave without pay to an employee called as a witness by the Union.

11.05 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 a party to an adjudication.

11.06 Contract Negotiations Meetings

(a) The Employer agrees to recognize and deal with a Collective Bargaining Committee comprising a reasonable number of employees for the purposes of negotiating collective agreements between the Employer and the Union.

(b) Where operational requirements permit, members of the Collective Bargaining Committee will be granted leave without pay for meetings with the Employer under sub-clause (a).

11.07 Presentation of Grievance

(a) An employee may be granted time off during working hours to discuss a complaint or grievance provided prior permission of his or her immediate supervisor is obtained.

(b) An employee who is a representative of the Union may, with the permission of his or her immediate supervisor, be granted time off during working hours to assist an employee in the presentation of a grievance. Where such assistance is given during working hours in the representative's area of jurisdiction he or she may be granted time off with pay, and where such assistance is given at locations other than in the representative's area of jurisdiction, leave without pay.

(c) Employees, and employees who are representatives of the Union, will not be entitled to be paid when a discussion or meeting on a complaint or grievance takes place outside their normal working hours.

11.08 Where operational requirements permit, the Employer shall grant leave without pay to officers of the Union to attend to Union business.

11.09 Operational requirements permitting, one (1) employee member of the Union's National Executive or his or her appointed alternate, formally invited by Federal Government agencies to attend joint meetings for discussion of mutual problems, shall be granted leave with pay including reasonable travel time required for attendance at such meetings.

Article 12
Use of Employer Facilities

12.01 The Employer may permit the Union to use the Employer's premises outside the working hours of the employees for conducting meetings of their members, which are not related to membership recruitment, where refusal to grant permission would make it difficult for the Union to convene a meeting. The Union shall insure the orderly and proper conduct of its members who attend such meetings and agrees to be responsible for leaving facilities in good order after use.

12.02 Reasonable space on bulletin boards will be made available to the Union for the posting of official Union notices in convenient locations as determined by the Employer. Notices or other material shall require the prior approval of the Employer, except notices of meetings of their members and elections, the names of Union representatives and social and recreational affairs. Notices or other material pertaining to political matters or membership recruiting, or material which may be interpreted to reflect discredit upon the integrity or motives of the Employer, representatives of management, other employee organizations, or individuals shall not be posted.

Article 13
Union-Management Consultation

13.01 The Employer and the Union recognize that consultation and communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive and harmonious Employer-Union relations.

13.02 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.

13.03 The Employer shall recognize a Union Committee comprised of a reasonable number of employees for the purpose of consulting with management.

13.04 It is recognized that a subject suggested for discussion may not be within the authority or jurisdiction of either the management or Union representatives. In these circumstances, 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 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.

13.05 Meetings with the Union Committee shall take place at least once per calendar year, and by mutual consent, more frequently.

13.06 All meetings shall be held on the Employer's premises at a time and for a duration determined by mutual agreement.

13.07 Full-time employees forming the continuing membership of the Union Committee shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable. Notwithstanding clause 13.06, such meetings shall not be held on such employees' days of rest.

13.08 A designated representative of the Union Committee and management shall exchange written agenda for a meeting as early as possible prior to the effective date of the meeting, but in any case normally not less than fifteen (15) calendar days in advance.

13.09 The Employer agrees that an employee will not be proposed as a managerial or confidential exclusion solely because the employee may be involved in consultation with a bargaining agent certified under the Public Service Labour Relations Act.

Article 14
Information

14.01 The Employer agrees to provide each employee with a copy of the Collective Agreement and any amendments thereto.

14.02 The Employer agrees to provide the Union quarterly with the names of new employees, their geographic location and classifications. In addition, a list of changes in employees' status will be forwarded each month to the National Office of the Union.

Article 15
National Joint Council Agreements

15.01 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 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 113(b) of the PSLRA.

15.02 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 Chairperson of the Public Service Labour Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

 

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