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**Asterisks denote changes from the previous Collective Agreement.
Agreement between the Treasury Board and The Canadian Federal Pilots
Association
Group: Aircraft Operations
(All Employees)
CODE: 401
Expiry Date: January 25, 2011
Table of Contents
AO - Aircraft Operations Group Annual Rates of Pay
1.01 The purpose of this Agreement is to maintain
harmonious and mutually beneficial relationships between the Employer, the employees
and the Union, to set forth certain terms and conditions of employment relating
to remuneration, hours of work, employee benefits and general working conditions
affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire
to improve the quality of the Public Service of Canada, to maintain a high standard
in the operation of air services and to promote the well-being and increased efficiency
of its employees to the end that the people of Canada will be well and effectively
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 unit are employed.
2.01
For the purpose of this Agreement:
- "Union"
- means the Canadian Federal Pilots Association;
- "bargaining
unit"
- means all the employees of the Employer in the Aircraft Operations Group,
as described in the certificate issued by the Public Service Labour Relations Board
on January 18, 2001;
- "Civil
Aviation Inspector"
- means an employee in the Civil Aviation Inspectors Sub-Group
of the Aircraft Operations Group;
- "continuous
employment"
- has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations;
- "common-law spouse"
- relationship is said to exist when, for a continuous period of at least one (1) year, an employee has
lived with a person of the opposite sex, publicly represented that person to be
his or her spouse, and lives and intends to continue to live with that person as
if that person were his or her spouse;
- "daily
rate of pay"
- means an employee's weekly rate of pay divided by five (5);
- "day
of rest"
- in relation to an 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 of absence;
- "double
time"
- means twice an employee's hourly rate of pay;
- "employee"
- means a person who is a member of the bargaining unit;
- "Engineering
Test Pilot"
- means an employee in the Engineering Test Pilots Sub-Group of the
Aircraft Operations Group;
- "Employer"
- 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;
- "headquarters
area"
- has the same meaning as given to the expression in the Treasury Board
Travel Directive;
- "Helicopter
Pilot"
- means an employee in the Helicopter Pilots and Supervisors Sub-Group
of the Aircraft Operations Group;
- "holiday"
- means the twenty-four (24) hour period commencing at 00:01 a.m. of a day designated
as a Holiday in this Agreement;
- "hourly
rate of pay"
- means an employee's daily rate of pay divided by seven decimal
five (7.5);
- "lay-off"
- means the termination of an employee's employment because of a lack of work or because
of the discontinuance of a function;
- "leave"
- means authorized absence from duty by an employee during the employee's regular
or normal hours of work;
- "membership
dues"
- means the dues established pursuant to the constitution of the Union as
the dues payable by its members as a consequence of their membership in the Union,
and shall not include any initiation fee, insurance premium, or special levy;
- "time
and one-half"
- means one and one-half (1 1/2) times an employee's hourly rate
of pay;
and
- "weekly
rate of pay"
- means an employee's annual rate of pay divided by 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 Relations
Act,
and
- 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.
3.01 The provisions of this Agreement apply
to the Union, employees and the Employer.
3.02 Throughout this Agreement, words importing
the masculine gender shall include the feminine gender.
4.01 The parties agree that,
in the event of a dispute arising out of the interpretation of a clause or article
in this Agreement, such dispute shall in the first instance be referred to the parties
who will meet within thirty (30) working days and seek to resolve the problem.
5.01 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.
6.01 Both English and French texts of this Agreement
shall be official.
7.01 If any law now in force or enacted during
the term of this Agreement renders null and void any provision of this Agreement,
the remaining provisions shall remain in effect for the term of the agreement.
8.01 The Employer recognizes
the Union as the exclusive bargaining agent for all employees described in the certificate
issued by the Public Service Labour Relations Board on January 18, 2001, covering
all of the employees of the Employer in the Aircraft Operations Group.
8.02
The Employer recognizes that it is a proper function and a right of the Union to
bargain with a view to arriving at a collective agreement, and the Employer and
the Union agree to bargain in good faith, in accordance with the provisions of the
Public Service Labour Relations Act.
9.01 All the functions, rights, powers and authority
which the Employer has not specifically abridged, delegated or modified by this
Agreement are recognized by the Union as being retained by the Employer.
10.01 Nothing in this Agreement shall be construed
as an abridgement or restriction of any employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
11.01
The Employer acknowledges the right of the Union to appoint or otherwise select
employees as representatives.
11.02
The Union and the Employer shall endeavour in consultation to determine the jurisdiction
of each representative, having regard to the plan of organization, the number and
distribution of employees at the work place and the administrative structure implied
by the grievance procedure. Where the parties are unable to agree in consultation,
then any dispute shall be resolved by the grievance/ adjudication procedure.
11.03
The Union shall notify the Employer in writing of the name and jurisdiction of its
representatives identified pursuant to clause 11.02.
12.01 A Representative shall obtain the
permission of his or her immediate Supervisor before leaving work to investigate
with fellow employees complaints of an urgent nature, to meet with local management
for the purpose of discussing such complaints or problems directly related to employment
and to attend meetings called by management. The Representative shall report back
to his or her Supervisor, or designee, before resuming normal duties.
13.01
The Employer agrees that access to its premises may be allowed to representatives
of the Union for the purpose of interviewing a Union member.
13.02
Permission to hold such meeting shall in each case be obtained from the Employer's
designated staff relations representative and such meeting shall not interfere with
the operations of the department or section concerned.
14.01 The Employer agrees to supply the Union
each quarter with the name, geographic location and classification of each new employee.
14.02 The Employer agrees to supply each employee
with a copy of the collective agreement.
15.01 The Employer will provide specific
bulletin board space for the use of the Union at suitable locations accessible to
employees, sites to be determined by the Employer and the Union, provided that the
use of such boards by the Union shall be restricted to the posting of information
relating to the business affairs, meetings, social events and reports of various
committees of the Union, and shall contain nothing that is adverse to the interest
of the Employer. Copies of information to be posted shall be supplied to the Department
Head concerned. The Employer shall have the right to refuse the posting of any information
it considers adverse to its interests. The Employer will make available to the Union
specific locations on the premises for the storage of reasonable quantities of Union
literature.
16.01 Public Service Labour Relations
Board Hearings
- Complaints made to the
Public Service Labour Relations Board pursuant to Section 190(1) of the Public Service Labour Relations Act
Where operational requirements
as determined by the Employer permit, in cases of complaints made to the Public
Service Labour Relations Board pursuant to section 190(1) of the Public Service Labour Relations Act alleging a breach of sections 157, 186(1)(a),
186(1)(b), 186(2), 187, 188(a) or 189(1) of the Public Service Labour Relations Act, the Employer will grant leave with pay:
- to
an employee who makes a complaint on his or her own behalf before the Public Service
Labour Relations Board,
and
- to
an employee who acts on behalf of an employee making a complaint, or who acts on
behalf of the Union making a complaint.
- Applications for Certification,
Representations and Interventions with respect to Applications for Certification
Where operational requirements
as determined by the Employer permit, the Employer will grant leave without pay:
- to
an employee who represents the Union in an application for certification or in an
intervention,
and
- to
an employee who makes personal representations with respect to a certification.
- Employee called as a
Witness
The Employer will grant:
- leave
with pay to an employee called as a witness by the Public Service Labour Relations
Board,
and
- where
operational requirements as determined by the Employer permit, leave without pay
to an employee called as a witness by an employee or the Union.
16.02 Arbitration Board and Public
Interest Commission Hearings
- Where operational requirements as determined
by the Employer permit, the Employer will grant leave without pay to an employee
representing the Union before an Arbitration Board or Public Interest Commission.
- Employee called as a
Witness
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 as determined by the Employer permit, leave
without pay to an employee called as a witness by the Union.
16.03 Adjudication
- Employee who is a Party
- Where operational requirements as determined
by the Employer permit, the Employer will grant leave with pay to an employee who
is a party to the adjudication.
- Employee who acts as
Representative
- Where operational requirements as determined by the Employer permit,
the Employer will grant leave with pay to the representative of an employee who
is a party to the adjudication.
- Employee called as a
Witness
- Where operational requirements as determined by the Employer permit,
the Employer will grant leave without pay to a witness called by an employee who
is a party to the adjudication.
16.04 Meetings During the Grievance
Process
- Employee presenting
Grievance
- Where operational requirements as determined
by the Employer permit, the Employer will grant to an employee:
- where
the Employer originates a meeting with the employee who has presented the grievance,
leave with pay when the meeting is held in the headquarters area of such employee
and "on duty" status when the meeting is held outside the headquarters area of such
employee;
and
- where
an employee who has presented a grievance seeks to meet with the Employer, leave
with pay to the employee when the meeting is held in the headquarters area of such
employee and leave without pay when the meeting is held outside the headquarters
area of such employee.
- Employee who acts as
Representative
- Where an employee wishes to represent at a meeting
with the Employer, an employee who has presented a grievance, the Employer will,
where operational requirements as determined by the Employer permit, grant leave
with pay to the representative when the meeting is held in the headquarters area
of such employee and leave without pay when the meeting is held outside the headquarters
area of such employee.
- Grievance Investigations
- Where an employee has asked or is obliged to
be represented by the Union in relation to the presentation of a grievance and an
employee acting on behalf of the Union wishes to discuss the grievance with the
employee, the employee and the representative of the employee will, where operational
requirements as determined by the Employer permit, be given reasonable leave with
pay for this purpose when the discussion takes place in the headquarters area of
such employee and leave without pay when it takes place outside the headquarters
area of such employee.
16.05 Contract Negotiations Meetings
Where operational requirements
as determined by the Employer permit, the Employer will grant leave without pay
to an employee for the purpose of attending contract negotiations meetings on behalf
of the Union.
16.06 Preparatory Contract Negotiations Meetings
Where operational requirements
as determined by the Employer permit, the Employer will grant leave without pay
to a reasonable number of employees to attend preparatory contract negotiations
meetings.
16.07 Meetings Between the Union and
Management
Where operational requirements
as determined by the Employer permit, the Employer will grant leave with pay to
a reasonable number of employees who are meeting with management on behalf of the
Union.
16.08 Group Executive Meetings, Union
Executive Meetings and Union Conventions
Where operational requirements as determined
by the Employer permit, the Employer will grant leave without pay to a reasonable
number of employees to attend Group Executive meetings, Union Executive meetings
and Union Conventions.
16.09 Representatives' Training Courses
Where operational requirements
as determined by the Employer permit, the Employer will grant leave without pay
to employees who exercise the authority of a representative on behalf of the Union
to undertake training related to the duties of a representative.
16.10 Determination of Leave Status
Where the status of
leave requested cannot be determined until the Public Service Labour Relations Board
or an adjudicator has given a decision, leave without pay will be granted pending
final determination of the appropriate leave status.
17.01 The Employer will, as a condition of employment,
deduct the equivalent of the amount of membership dues from the monthly pay of all
employees in the bargaining unit.
17.02 The Union shall inform the Employer in
writing of the authorized monthly deduction to be checked off for each employee
defined in clause 17.01.
17.03 For the purpose of applying clause 17.01,
deductions from pay for each employee in respect of each month will start with the
first full month of employment or membership to the extent that earnings are available.
Where an employee does not have sufficient earnings in respect of any one month
to permit deductions, the Employer shall not be obliged to make such deductions
from subsequent salary.
17.04 An employee who satisfies the Employer
to the extent that the employee 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 the employee
will make contributions to a charitable organization equal to dues shall not be
subject to this article.
17.05 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.
17.06 The amounts deducted in accordance with
clause 17.01 shall be remitted to the Union by cheque within a reasonable period
of time after deductions are made and shall be accompanied by particulars identifying
each employee and the deductions made on each employee's behalf.
17.07 The Employer agrees to continue the past
practice of making deductions for other purposes on the basis of the production
of appropriate documentation.
17.08 The Union agrees to indemnify and save
the Employer harmless against any claim or liability arising out of the application
of this article.
18.01
-
The work week of employees shall be thirty-seven decimal five (37.5) hours consisting
of five (5) consecutive days, Monday to Friday inclusive, and the normal scheduled
hours of work each day shall be a continuous period of seven decimal five (7.5)
hours between the hours of 0700 and 1800 exclusive of an unpaid meal break and shall
be documented between every employee and their manager. Except as provided in paragraph
(c) below, such hours shall not vary from day to day. Notwithstanding the above,
for shipborne helicopter pilots, the provisions of Article 45 shall apply.
-
At the request of the employee, the Employer may vary the daily hours of work to
make provision for a compressed work week.
-
The Employer may change an employee's normal scheduled hours of work within 0700
hours and 1800 hours and where less than twelve (12) working days notice is given
such changes shall only be made by mutual agreement between the employee and the
Employer.
-
The Employer will endeavour to give at least two (2) weeks notice to helicopter
pilots assigned to shipboard operations of sailing dates and times and anticipated
crew change dates, and as much notice as possible of any revisions to such dates
and times.
18.02
-
Flight time and flight duty time limitations for employees will be governed by the
Department of Transport Operations Manual when operating (at the controls of) Department
of Transport aircraft. When operating other than Department of Transport aircraft,
flight time and duty time limitations will be governed by the policies and provisions
of the aircraft operator.
-
For the purposes of the article, in-flight inspections are considered to be flight
duty and flight time is considered to include in-flight inspection time. Flight
duty time shall not commence in the event the employee is notified that a flight
is delayed or cancelled prior to departure from the employee's residence or place
of rest if in travel status.
18.03 All employees will submit
monthly attendance registers. Periods of absence and hours of overtime will be specified.
18.04 Subject to operational
requirements, two (2) fifteen (15) minute rest periods shall be provided during
each work day.
In this Article:
"Overtime" means in
the case of a full-time employee, authorized work performed in excess of the employee's
normal scheduled hours of work.
19.01 When an employee is required to work overtime
on a scheduled work day, the employee shall be compensated on the basis of:
- time
and one-half (1 1/2) for each hour worked in excess of thirty-seven decimal five
(37.5) hours in any one work week;
and
- double-time
(2) for all hours worked in excess of seven decimal five (7.5) hour of overtime
worked at time and one-half (1 1/2) within any contiguous period.
19.02 When an employee has been required by
the Employer to work overtime on his or her normal day of rest, the employee shall
be compensated on the basis of:
- time
and one-half (1 1/2) for the first seven decimal five (7.5) hours worked;
and
- double-time
(2) for all hours worked thereafter within any contiguous period;
- except,
an employee shall be compensated on the basis of double (2) time for each hour worked
on the second and each subsequent day of rest.
Second or subsequent day of rest means the second or subsequent
day in an unbroken series of consecutive and contiguous calendar days of rest.
19.03 For the purpose of clauses 19.01 and 19.02,
all calculations for overtime shall be based on each completed one-half (1/2) hour.
19.04
- All overtime,
premium pay or allowances earned under Article 19-Overtime, Article 20-Travelling
Time, Article 22-Designated Paid Holidays, Article 43-Callback, Article 45-Shipboard
and Special Assignment Allowance, and Article 44-Standby, with the exception of
the one-hour of compensation under article 44(b), shall accumulate as compensatory
leave at the sub-group and level at which it is earned. Such accumulated compensatory
leave shall be held in reserve to be scheduled in leave and/or paid in cash at the
request of the employee and the discretion of the Employer.
- Employees
shall be paid for each hour of earned but unused compensatory leave remaining to
their credit on March 31st. Such payment is in lieu of compensatory leave remaining
on that date and shall be paid at the rate of the employee's hourly rate of pay
on that date.
- Notwithstanding
19.04(a) and (b), a maximum of seventy-five (75) hours earned but unused compensatory
leave may be carried over, at the direction of the Employer, or at the request of
an employee and the discretion of the Employer, beyond March 31st.
**
19.05 An employee who works three (3) or more
hours of overtime immediately before or following his or her scheduled hours of
work shall be reimbursed his or her expenses for one meal in the amount of ten dollars
and fifty cents ($10.50) except when the meal has been provided free to the employee.
Reasonable time with pay, to be determined by the Employer, shall be allowed the
employee in order that he or she may take a meal break either at or adjacent to
his or her place of work.
For greater certainty, the above allowance shall not apply to
an employee who is in travel status which entitles the employee to claim expenses
for lodging and/or meals.
20.01 Where an employee is required to travel
to or from his or her headquarters area, as normally defined by the Employer, the
employee's method of travel shall be determined by the Employer and the employee
shall be compensated in the following manner:
- On a
normal working day on which the employee travels but does not work, the employee
shall receive his or her regular pay for the day.
- On a normal working day on which the employee travels and works,
the employee shall earn:
- his or her regular pay for the day for a combined
period of travel and work not exceeding seven decimal five (7.5) hours,
and
- the applicable overtime rate for additional
travel time in excess of seven decimal five (7.5) hour period of work and travel,
with a maximum payment for such additional travel time not to exceed 12 hours' pay
at the straight-time hourly rate of pay.
- On a
day of rest or on a designated paid holiday, the employee shall be paid at the applicable
overtime rate for hours travelled to a maximum of twelve (12) hours' at the straight-time
hourly rate of pay.
- if an
employee is required to travel outside Canada or Continental USA:
- on a normal working day on which the employee
travels and works, he shall be paid:
- his regular pay
for the day for a combined period of travel and work not exceeding his regular scheduled
working hours,
and
- at the applicable
overtime rate for additional travel time in excess of seven decimal five (7.5) hour
period of work and travel, with a maximum payment for such additional travel time
not to exceed fifteen (15) hours pay at the straight-time hourly rate of pay,
- on a day of rest or on a designated paid holiday,
the employee shall be paid at the applicable overtime rate for hours traveled to
a maximum of fifteen (15) hours' pay at the straight-time hourly rate of pay.
20.02
Should a period of work and travel continue into the next day, the employee will
continue to receive payment at the applicable rate(s) of pay that would apply if
a new day had not commenced.
20.03 This article does not apply to an employee
who is required to operate or travel in any type of transport in the performance
of duties and/or which also serves as his or her living quarters during a tour of
duty. In such circumstances the employee shall be paid in accordance with the relevant
provisions of Articles 18, 19, 22 and 45 of this Agreement.
20.04 Travel Status Leave
- An employee
who is required to travel outside his or her headquarters area on government business,
as these expressions are defined by the Employer, and is away from his permanent
residence for forty (40) nights during a fiscal year shall be granted seven decimal
five (7.5) hours of time off with pay. The employee shall be credited with an additional
seven decimal five (7.5) hours of time off for each additional twenty (20) nights
that the employee is away from his or her permanent residence to a maximum of eighty
(80) nights.
- The maximum
number of days off earned under this clause shall not exceed thirty-seven decimal
five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with
pay.
- This
leave with pay is deemed to be compensatory leave and is subject to paragraph 19.04(a),
(b) and (c).
The provisions of this clause do not apply when the employee
travels in connection with courses, training sessions, professional conferences
and seminars.
21.01
Except as provided in this article, the terms and conditions governing the application
of pay to employees are not affected by this Agreement.
21.02 An employee is entitled to be paid, for services
rendered, at:
- the pay specified in Appendix "A" for the
classification of the position to which the employee is appointed, if the classification
coincides with that prescribed in the employee's certificate of appointment,
or
- the pay specified in Appendix "A" for the
classification prescribed in the employee's certificate of appointment, if that
classification and the classification of the position to which the employee is appointed
do not coincide.
21.03
- The rates of pay set forth in Appendix "A"
shall become effective on the dates specified.
- Where the rates of pay
set forth in Appendix "A" have an effective date prior to the date of signing of
this Agreement, the following shall apply:
- "retroactive
period" for the purpose of subparagraphs (ii) to (v) means the period from the effective
date of the revision up to and including the day before the collective agreement
is signed or when an arbitral award is rendered therefore;
- a
retroactive upward revision in rates of pay shall apply to employees, former employees
or in the case of death, the estates of former employees who were employees in the
group during the retroactive period;
- for
initial appointments made during the retroactive period, the rate of pay selected
in the revised rates of pay is the rate which is immediately below the rate of pay
being received prior to the revision;
- for
promotions, demotions, deployments, transfers or acting situations effective during
the retroactive period, the rate of pay shall be recalculated, in accordance with
the Public Service Terms and Conditions of Employment Regulations, using
the revised rates of pay. If the recalculated rate of pay is less than the rate
of pay the employee was previously receiving, the revised rate of pay shall be the
rate, which is nearest to, but not less than the rate of pay being received prior
to the revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay immediately below the rate of pay being
received prior to the revision;
- no
payment or no notification shall be made pursuant to paragraph 21.03(b) for one
dollar ($1.00) or less.
21.04 When an employee is required
by the Employer to substantially perform the duties of a higher classification level
on an acting basis for a period of at least three (3) consecutive working days,
the employee shall be paid acting pay calculated from the date on which the employee
commenced to act as if the employee had been appointed to that higher classification
level for the period in which the employee acts.
21.05
If the Employer establishes and implements a new classification standard which covers
this group during the term of this Agreement, the Employer shall, prior to applying
rates of pay to the new levels resulting from the application of the standard, negotiate
with the Union the rates of pay and the rules affecting the pay of employees on
their movement to the new levels.
22.01
Subject to clause 22.02, the following days shall be designated paid holidays for
employees:
- New Year's Day,
- Good Friday,
- Easter Monday,
- the day fixed by proclamation of the Governor
in Council for celebration of the Sovereign's Birthday,
- Canada Day,
- Labour Day,
- the day fixed by proclamation of the Governor
in Council as a general day of Thanksgiving,
- Remembrance Day,
- Christmas Day,
- Boxing Day,
- one additional day in each year that, in
the opinion of the Employer, is recognized to be a provincial or civic holiday in
the area in which the employee is employed or in any area where, in the opinion
of the Employer, no such day is recognized as a provincial or civic holiday, the
first Monday in August,
and
- one additional day when proclaimed by an
Act of Parliament as a National Holiday.
22.02
Clause 22.01 does not apply to an employee who is absent without pay on both the
working day immediately preceding and the working day following the designated paid
Holiday, except in the case of an employee who is granted leave without pay under
the provisions of Article 16.
Holiday Falling on a Day of Rest
22.03
When a day designated as a paid Holiday under clause 22.01 coincides with an employee's
day of rest, the Holiday shall be moved to the employee's first scheduled working
day following the employee's day of rest.
22.04
When a day designated as a paid Holiday for an employee is moved to another day
under the provisions of clause 22.03,
- work performed by an employee on the day
from which the Holiday was moved shall be considered as work performed on a day
of rest,
and
- work performed by an employee on the day
to which the Holiday was moved, shall be considered as work performed on a Holiday.
Compensation for Work on a Holiday
22.05
Where a Civil Aviation Inspector or an Engineering Test Pilot or a shore-based Helicopter
Pilot works on a Holiday, he or she shall be paid, in addition to the pay that he
or she would have been granted had he or she not worked on a holiday, compensation
for all hours worked by him or her on the Holiday at one and one-half (1 1/2) times
the rate of his or her hourly remuneration,
or
when a Civil Aviation
Inspector or a Engineering Test Pilot or a shore-based Helicopter Pilot works on
a Holiday, which is not his or her scheduled day of work, but which is consecutive
and contiguous to a day of rest on which he or she also worked and received overtime
he or she shall be paid in addition to the pay that he or she would have been granted
had he or she not worked on the holiday, two (2) times his or her hourly rate of
pay for all time worked.
Holiday Coinciding with a Day of Paid
Leave
22.06
Where a day that is a designated Holiday for an employee falls within a period of
leave with pay, the Holiday shall not count as a day of leave.
23.01 The vacation year shall be from April
1st to March 31st of the following calendar year, inclusive.
Accumulation of Vacation Leave Credits
**
23.02 An employee shall earn vacation leave
credits at the following rate for each calendar month during which the employee
receives pay for at least seventy-five (75) hours:
- nine
decimal three seven five (9.375) hours until the month in which the anniversary
of the employee's eighth (8th) year of continuous employment occurs;
- twelve
decimal five (12.5) hours commencing with the month in which the employee's eighth
(8th) anniversary of continuous employment occurs;
- thirteen
decimal seven five (13.75) hours commencing with the month in which the employee's
sixteenth (16th) anniversary of continuous employment occurs;
- fourteen
decimal four (14.4) hours commencing with the month in which the employee's seventeenth
(17th) anniversary of continuous employment occurs;
- fifteen
decimal six two five (15.625) hours commencing with the month in which the employee's
eighteenth (18th) anniversary of continuous employment occurs;
- sixteen
decimal eight seven five (16.875) hours commencing with the month in which the employee's
twenty-seventh (27th) anniversary of continuous employment occurs;
- eighteen
decimal seven five (18.75) hours per month commencing with the month in which the
employee's twenty-eighth (28th) anniversary of continuous employment occurs.
Scheduling of Vacation Leave
23.03 In scheduling vacation leave with pay
to an employee the Employer shall, subject to the operational requirements of the
service as determined by the Employer, make every reasonable effort:
- not to
recall an employee to duty after the employee has proceeded on vacation leave;
- to schedule
the employee's vacation leave during the vacation year in which it is earned, if
so requested by the employee not later than June 1;
- to schedule
the employee vacation leave for at least two (2) consecutive weeks if so requested
by the employee not later than June 1;
- to schedule
the employee's vacation leave on any other basis requested by the employee if the
employee makes his or her request not later than June 1;
- to schedule
an employee vacation leave when specified by the employee if:
- the period of vacation leave requested is less
than a week,
and
- the employee gives the Employer at least two
(2) days' advance notice for each day of vacation leave requested.
23.04 The Employer may for good and sufficient
reason grant vacation leave on shorter notice than that provided for in clause 23.03.
23.05 An employee earns but is not entitled
to receive vacation leave with pay during the employee's first six (6) months of
continuous employment.
23.06 Where,
in respect of any period of vacation leave, an employee:
- is granted
bereavement leave,
or
- is granted
leave with pay because of illness in the immediate family,
or
- is granted
sick leave on production of a medical certificate, which includes the name, address
and phone number of the attending physician, and provided that the employee satisfies
the Employer of this condition if deemed necessary by the Employer,
the period of vacation leave so displaced shall either be added
to the vacation period if requested by the employee and approved by the Employer
or reinstated for use at a later date.
**
23.07 Carry-Over of Vacation Leave
- Where
in any vacation year all of the vacation leave credited to an employee has not been
scheduled, the employee may carry over into the following vacation year up to a
maximum of two hundred sixty-two decimal five (262.5) hours credits. All vacation
leave credits in excess of two hundred sixty-two decimal five (262.5) hours will
be paid in cash at the employee's hourly rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment of the employee's substantive
position on the last day of the vacation year.
- During any vacation year, upon application by the employee and
at the discretion of the Employer, earned but unused vacation leave credits in excess
of one hundred twelve decimal five (112.5) hours may be paid in cash at the employee's
hourly rate of pay as calculated from the classification prescribed in the employee's
certificate of appointment of the employee's substantive position on March 31st,
of the previous vacation year.
Recall from Vacation Leave
23.08 Where, during any period of vacation leave,
an employee is recalled to duty, the employee shall be reimbursed for reasonable
expenses, as normally defined by the Employer, that the employee incurs:
- in proceeding
to the employee's place of duty,
and
- in returning
to the place from which the employee was recalled if the employee immediately resumes
vacation upon completing the assignment for which the employee was recalled,
after submitting such accounts as are normally required by the
Employer.
23.09 The employee shall not be considered as
being on vacation leave during any period in respect of which the employee is entitled
under clause 23.08 to be reimbursed for reasonable expenses incurred by him or her.
Leave when Employment Terminates
23.10 Where an employee dies or otherwise terminates
employment after a period of continuous employment of not more than six (6) months,
the employee or the employee's estate shall be paid an amount equal to the earned
but unused vacation leave.
**
23.11 Subject to 23.12, where an employee dies
or voluntarily terminates employment or is terminated from employment after a period
of continuous employment of more than six (6) months, the employee or the employee's
estate shall, in lieu of earned but unused vacation leave, be paid an amount equal
to the product obtained by multiplying the number of hours of earned but unused
vacation leave by the hourly rate of pay applicable to the employee immediately
prior to the termination of employment.
23.12 Notwithstanding clause 23.11, an employee
whose employment is terminated for cause pursuant to Section 12(1)(e) of the Financial Administration Act by reason of
abandonment of his or her position is entitled to receive the payment referred to
in clause 23.11 if the employee requests it within six (6) months following the
date upon which employment is terminated.
23.13 Advance Payments
- The Employer
agrees to issue advance payments of estimated net salary or vacation periods of
two (2) or more complete weeks, provided a written request for such advance payment
is received from the employee at least six (6) weeks prior to the last day before
the employee's vacation period commences.
- When
an employee takes one (1) or more complete weeks of compensatory leave in conjunction
with the vacation leave under clause (a), the Employer agrees to issue advance payments
of estimated net salary for the complete weeks in the combined period of compensatory
and vacation leave, provided a written request for such advance payment is received
from the employee at least six (6) weeks prior to the last day before the employee's
period of leave commences. The provisions of clause (a) will apply to the complete
weeks in the combined period of vacation and compensatory leave.
- Providing
the employee has been authorized to proceed on the leave under clause (a) or (b),
pay in advance of going on such leave shall be made prior to departure. Any overpayment
in respect of such pay advances shall be an immediate first charge against any subsequent
pay entitlements and shall be recovered in full prior to any further payment of
salary.
**
Cancellation or Alteration of Vacation Leave
23.14 When the Employer cancels or alters a period
of vacation leave which it has previously approved in writing, the Employer shall
reimburse the employee for the non-returnable portion of vacation contracts and
reservations made by the employee in respect of that period, subject to the presentation
of such documentation as the Employer may require. The employee must make every
reasonable attempt to mitigate any losses incurred and will provide proof of such
action to the Employer.
23.15
Employees shall be credited a one-time entitlement of thirty-seven
decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the
month following the employee's second (2nd) anniversary of continuous employment.
Credits
**
24.01
An employee shall earn sick leave credits at the rate of nine decimal three seven
five (9.375) hours for each calendar month for which the employee receives pay for
at least seventy-five (75) hours.
24.02
An employee shall be granted sick leave with pay when the employee is unable to
perform his or her duties because of illness or injury provided that:
- he or she satisfies the Employer of this
condition in such a manner and at such a time as may be determined by the Employer,
and
- he or she has the necessary sick leave credits.
24.03
Unless otherwise informed by the Employer, a statement signed by the employee describing
the nature of illness or injury and stating that because of this illness or injury
the employee was unable to perform his or her duties shall, when delivered to the
Employer, be considered as meeting the requirements of clause 24.02(a).
24.04
An employee shall not be granted sick leave with pay during any period in which
the employee is on leave of absence without pay, or under suspension.
24.05
When an employee is granted sick leave with pay and injury-on-duty leave is subsequently
approved for the same period, it shall be considered for the purpose of the record
of sick leave credits that the employee was not granted sick leave with pay.
24.06
Where an employee has insufficient or no credits to cover the granting of sick leave
with pay under the provisions of clause 24.02, sick leave with pay may, at the discretion
of the Employer, be granted:
**
- for a period of up to one hundred and eighty-seven
decimal five (187.5) hours if the employee is awaiting a decision on an application
for injury-on-duty leave,
or
**
- for a period of up to one hundred and twelve
decimal five (112.5) hours if the employee has not submitted an application for
injury-on-duty leave,
subject to the deduction
of such advanced leave from any sick leave credits subsequently earned.
25.01
In respect of any requests for leave under this article, the employee, when required
by the Employer, must provide satisfactory validation of the circumstances necessitating
such requests, in such manner and at such time as may be determined by the Employer
and confirmed in writing.
25.02 Bereavement Leave With Pay
For the purpose of this
clause, immediate family is defined as father, mother (or alternatively stepfather,
stepmother, or foster parent), brother, sister, spouse, (including common-law spouse
resident with the employee), child (including child of common-law spouse), stepchild
or ward of the employee, grandparent, father-in-law, mother-in-law, grandchild and
relative permanently residing in the employee's household or with whom the employee
permanently resides.
**
- When a member of the employee's immediate
family dies, an employee shall be entitled to a bereavement period of four (4) consecutive
calendar days. Such bereavement period, as determined by the employee, must include
the day of the memorial commemorating the deceased, or must begin within two (2)
days following the death. During such period the employee shall be paid for those
days which are not regularly scheduled days of rest for that employee. In addition,
the employee may be granted up to three (3) days' leave with pay for the purpose
of travel related to the death.
- An employee is entitled up to one (1) day's
bereavement leave with pay for the purpose related to the death of the employee's
son-in-law, daughter-in-law, brother-in-law or sister-in-law.
-
It is recognized by the parties that the circumstances which call for leave in respect
of bereavement are based on individual circumstances. On request, the deputy head
of a department may, after considering the particular circumstances involved, grant
leave with pay for a period greater than that provided for in sub-clauses 25.02(a)
and (b).
25.03 Court Leave with Pay
The Employer shall
grant leave with pay to an employee for the period of time the employee is required:
- to be available for jury selection;
- to serve on a jury;
or
- by subpoena or summons to attend as a witness
in any proceeding except one to which an employee is a party and otherwise than
in the performance of the duties of his or her position, held:
**
- in
or under the authority of a court of justice,
- before
a court, judge, justice, magistrate or coroner,
- before
a Senate or House of Commons of Canada, or a committee of the Senate or House of
Commons,
- before
a legislative council, legislative assembly or house of assembly, or any committee
thereof that is authorized by law to compel the attendance of witnesses before it,
or
- before
an arbitrator or umpire or a person or body of persons authorized by law to make
an inquiry and to compel the attendance of witnesses before it.
25.04 Personnel Selection Leave With Pay
Where an employee
participates as a candidate in a personnel selection process for a position in the
public service, as defined in the Public Service
Labour Relations Act, the employee is entitled to leave of absence with pay
for the period during which the employee's presence is required for purposes of
the selection process, and for such further period as the Employer considers reasonable
for the employee to travel to and from the place where the employee's presence is
so required. Remuneration in these circumstances shall be limited to regular salary.
25.05 Injury-on-Duty Leave With Pay
An employee shall be
granted injury-on-duty leave with pay for such reasonable period as may be determined
by the Employer when a claim has been made pursuant to the Government Employees' Compensation Act, and a Workers' Compensation
authority has notified the Employer that it has certified that the employee is unable
to work because of:
- personal injury received in the performance
of the employee's duties and not caused by wilful misconduct,
or
- an industrial illness or a disease arising
out of and in the course of the employee's employment,
if the employee agrees
to remit to the Receiver General for Canada any amount received by the employee
in compensation for loss of pay resulting from or in respect of such injury, illness
or disease providing, however, that such amount does not stem from a personal disability
policy for which the employee or the employee's agent has paid the premium.
25.06 Examination Leave With Pay
Leave of absence with
pay to write examinations may be granted by the Employer to an employee. Such leave
will be granted only where in the opinion of the Employer the course of study is
directly related to the employee's duties or will improve the employee's qualifications.
25.07 Maternity Leave Without
Pay
-
An employee who becomes pregnant shall, upon request, be granted maternity leave
without pay for a period beginning before, on or after the termination date of pregnancy
and ending not later than eighteen (18) weeks after the termination date of pregnancy.
- Notwithstanding paragraph (a):
- where
the employee has not yet proceeded on maternity leave without pay and her newborn
child is hospitalized,
or
- where
the employee has proceeded on maternity leave without pay and then returns to work
for all or part of the period during which her newborn child is hospitalized,
the period of maternity leave without pay defined
in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after
the date of termination of pregnancy by a period equal to that portion of the period
of the child's hospitalization during which the employee was not on maternity leave,
to a maximum of eighteen (18) weeks.
- The extension described in paragraph (b)
shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
- The
Employer may require an employee to submit a medical certificate certifying pregnancy.
- An employee who has
not commenced maternity leave without pay may elect to:
- use
earned vacation and compensatory leave credits up to and beyond the date that her
pregnancy terminates;
- use
her sick leave credits up to and beyond the date that her pregnancy terminates,
subject to the provisions set out in Article 24 Sick Leave. For purposes of this
subparagraph, the terms "illness" or "injury" used in Article 24 Sick Leave, shall
include medical disability related to pregnancy.
- An employee shall inform the Employer in
writing of her plans for taking leave with and without pay to cover her absence
from work due to the pregnancy at least four (4) weeks in advance of the initial
date of continuous leave of absence during which termination of pregnancy is expected
to occur unless there is a valid reason why the notice cannot be given.
- Leave granted under this clause shall be
counted for the calculation of "continuous employment" for the purpose of calculating
severance pay and "service" for the purpose of calculating vacation leave. Time
spent on such leave shall be counted for pay increment purposes.
25.08 Maternity Allowance
-
An employee who has been granted maternity leave without pay shall be paid a maternity
allowance in accordance with the terms of the Supplemental Unemployment Benefit
(SUB) Plan described in paragraph (c) to (i), provided that she:
- has
completed six (6) months of continuous employment before the commencement of her
maternity leave without pay,
- provides
the Employer with proof that she has applied for and is in receipt of maternity
benefits under the Employment Insurance or the Québec Parental Insurance Plan in
respect of insurable employment with the Employer
and
- has
signed an agreement with the Employer stating that:
- she will return to work on the expiry date
of her maternity leave without pay unless the return to work date is modified by
the approval of another form of leave;
- following her return to work, as described
in section (A), she will work for a period equal to the period she was in receipt
of maternity allowance;
-
should she fail to return to work in accordance with section (A), or should she
return to work but fail to work for the total period specified in section (B), for
reasons other than death, lay-off, early termination due to lack of work or discontinuance
of a function of a specified period of employment that would have been sufficient
to meet the obligations specified in section (B), or having become disabled as defined
in the Public Service Superannuation Act,
she will be indebted to the Employer for an amount determined as follows:
however,
an employee whose specified period of employment expired and who is rehired in any
portion of the Core Public Administration as specified in the Public Service
Labour Relations Act within a period of ninety (90) days or less is not indebted
for the amount if her new period of employment is sufficient to meet the obligations
specified in section (B).
- For the purpose of sections (a)(iii)(B),
and (C), periods of leave with pay shall count as time worked. Periods of leave
without pay during the employee's return to work will not be counted as time worked
but shall interrupt the period referred to in section (a)(iii)(B), without activating
the recovery provisions described in section (a)(iii)(C).
- Maternity allowance payments made in accordance
with the SUB Plan will consist of the following:
- where
an employee is subject to a waiting period of two (2) weeks before receiving Employment
Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of
pay for each week of the waiting period, less any other monies earned during this
period,
and
- for
each week that the employee receives a maternity benefit under the Employment Insurance
or the Québec Parental Insurance Plan, she is eligible to receive the difference
between ninety-three per cent (93%) of her weekly rate of pay and the maternity
benefit, less any other monies earned during this period which may result in a decrease
in her maternity benefit to which she would have been eligible if no extra monies
had been earned during this period.
- At the employee's request, the payment referred
to in subparagraph 25.08(c)(i) will be estimated and advanced to the employee. Adjustments
will be made once the employee provides proof of receipt of Employment Insurance
or Québec Parental Insurance Plan maternity benefits.
-
The maternity allowance to which an employee is entitled is limited to that provided
in paragraph (c) and an employee will not be reimbursed for any amount that she
may be required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
- The weekly rate of pay referred to in paragraph
(c) shall be:
- for
a full-time employee, the employee's weekly rate of pay on the day immediately preceding
the commencement of maternity leave without pay,
- for
an employee who has been employed on a part-time or on a combined full-time and
part-time basis during the six (6) month period preceding the commencement of maternity
leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i)
by the fraction obtained by dividing the employee's straight time earnings by the
straight time earnings the employee would have earned working full-time during such
period.
- The weekly rate of pay referred to in paragraph
(f) shall be the rate to which the employee is entitled for her substantive level
to which she is appointed.
-
Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day
immediately preceding the commencement of maternity leave without pay an employee
has been on an acting assignment for at least four (4) months, the weekly rate shall
be the rate she was being paid on that day.
**
- Where an employee becomes eligible for a
pay increment or pay revision that would increase the maternity allowance, the allowance
shall be adjusted accordingly.
- Maternity allowance payments made under the
SUB Plan will neither reduce nor increase an employee's deferred remuneration or
severance pay.
25.09 Special Maternity Allowance for Totally
Disabled Employees
-
An employee who:
- fails to satisfy the eligibility requirement
specified in subparagraph 25.08(a)(ii) solely because a concurrent entitlement to
benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD)
Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the
Government Employees Compensation Act
prevents her from receiving Employment Insurance or Québec Parental Insurance Plan
maternity benefits;
and
- has satisfied all of the other eligibility
criteria specified in paragraph 25.08(a), other than those specified in sections
(A) and (B) of subparagraph 25.08(a)(iii);
shall be paid, in respect of each week of maternity
allowance not received for the reason described in subparagraph 25.09(a)(i), the
difference between ninety-three per cent (93%) of her weekly rate of pay, and the
gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or
via the Government Employees Compensation
Act.
-
An employee shall be paid an allowance under this clause and under clause 25.08
for a combined period of no more than the number of weeks during which she would
have been eligible for maternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan had she not been disqualified from Employment Insurance
or Québec Parental Insurance Plan maternity benefits for the reasons described in
subparagraph 25.09(a)(i).
25.10 Parental Leave Without
Pay
- Where
an employee has or will have the actual care and custody of a new-born child (including
the new-born child of a common-law partner), the employee shall, upon request, be
granted parental leave without pay for a single period of up to thirty-seven (37)
consecutive weeks in the fifty-two (52) week period beginning on the day on which
the child is born or the day on which the child comes into the employee's care.
- Where an employee commences legal proceedings
under the laws of a province to adopt a child or obtains an order under the laws
of a province for the adoption of a child, the employee shall, upon request, be
granted parental leave without pay for a single period of up to thirty-seven (37)
consecutive weeks in the fifty-two week (52) period beginning on the day on which
the child comes into the employee's care.
- Notwithstanding paragraphs (a) and (b) above,
at the request of an employee and at the discretion of the Employer, the leave referred
to in the paragraphs (a) and (b) above may be taken in two periods.
- Notwithstanding paragraphs (a) and (b):
- where
the employee's child is hospitalized within the period defined in the above paragraphs,
and the employee has not yet proceeded on parental leave without pay,
or
- where
the employee has proceeded on parental leave without pay and then returns to work
for all or part of the period during which his or her child is hospitalized,
the period of parental leave without pay specified
in the original leave request may be extended by a period equal to that portion
of the period of the child's hospitalization during which the employee was not on
parental leave. However, the extension shall end not later than one hundred and
four (104) weeks after the day on which the child comes into the employee's care.
- An employee who intends to request parental
leave without pay shall notify the Employer at least four (4) weeks in advance of
the commencement date of such leave.
- The Employer may:
- defer
the commencement of parental leave without pay at the request of the employee;
- grant
the employee parental leave without pay with less than four (4) weeks' notice;
- require
an employee to submit a birth certificate or proof of adoption of the child.
- Leave granted under this clause shall count
for the calculation of "continuous employment" for the purpose of calculating severance
pay and "service" for the purpose of calculating vacation leave. Time spent on such
leave shall count for pay increment purposes.
25.11 Parental Allowance
- An employee who has been granted parental
leave without pay, shall be paid a parental allowance in accordance with the terms
of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c)
to (i), providing he or she:
- has
completed six (6) months of continuous employment before the commencement of parental
leave without pay,
- provides the Employer with proof that he or
she has applied for and is in receipt of parental, paternity or adoption benefits
under the Employment Insurance or the Québec Parental Insurance Plan in respect
of insurable employment with the Employer,
and
- has signed an agreement with the Employer
stating that:
-
the employee will return to work on the expiry date of his/her parental leave without
pay, unless the return to work date is modified by the approval of another form
of leave;
-
following his or her return to work, as described in section (A), the employee will
work for a period equal to the period the employee was in receipt of the parental
allowance, in addition to the period of time referred to in section 25.08(a)(iii)(B),
if applicable;
-
should he or she fail to return to work in accordance with section (A) or should
he or she return to work but fail to work the total period specified in section
(B), for reasons other than death, lay-off, early termination due to lack of work
or discontinuance of a function of a specified period of employment that would have
been sufficient to meet the obligations specified in section (B), or having become
disabled as defined in the Public Service
Superannuation Act, he or she will be indebted to the Employer for an amount
determined as follows:
however,
an employee whose specified period of employment expired and who is rehired in any
portion of the Core Public Administration as specified in the Public Service
Labour Relations Act within a period of ninety (90) days or less is not indebted
for the amount if his or her new period of employment is sufficient to meet the
obligations specified in section (B).
- For the purpose of sections (a)(iii)(B),
and (C), periods of leave with pay shall count as time worked. Periods of leave
without pay during the employee's return to work will not be counted as time worked
but shall interrupt the period referred to in section (a)(iii)(B), without activating
the recovery provisions described in section (a)(iii)(C).
- Parental Allowance payments made in accordance
with the SUB Plan will consist of the following:
- where
an employee is subject to a waiting period of two (2) weeks before receiving Employment
Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate
of pay, for each week of the waiting period, less any other monies earned during
this period;
- for
each week the employee receives parental, adoption or paternity benefits under the
Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible
to receive the difference between ninety-three per cent (93%) of his or her weekly
rate of pay and the parental, adoption or paternity benefit, less any other monies
earned during this period which may result in a decrease in his/her parental, adoption
or paternity benefit to which he or she would have been eligible if no extra monies
had been earned during this period;
- where
an employee has received the full eighteen (18) weeks of maternity benefit and the
full thirty-two (32) weeks of parental benefit under the Québec Parental Insurance
Plan and thereafter remains on parental leave without pay, she is eligible to receive
a further parental allowance for a period of two (2) weeks, ninety-three per cent
(93%) of her weekly rate of pay for each week, less any other monies earned during
this period.
- At the employee's request, the payment referred
to in subparagraph 25.11(c)(i) will be estimated and advanced to the employee. Adjustments
will be made once the employee provides proof of receipt of Employment Insurance
or Québec Parental Insurance Plan parental benefits.
- The parental allowance
to which an employee is entitled is limited to that provided in paragraph (c) and
an employee will not be reimbursed for any amount that he or she is required to
repay pursuant to the Employment Insurance
Act or the Parental Insurance Act in Québec.
- The weekly rate of pay
referred to in paragraph (c) shall be:
- for
a full-time employee, the employee's weekly rate of pay on the day immediately preceding
the commencement of maternity or parental leave without pay;
- for
an employee who has been employed on a part-time or on a combined full-time and
part-time basis during the six (6) month period preceding the commencement of maternity
or parental leave without pay, the rate obtained by multiplying the weekly rate
of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight
time earnings by the straight time earnings the employee would have earned working
full-time during such period.
- The weekly rate of pay referred to in paragraph
(f) shall be the rate to which the employee is entitled for the substantive level
to which she or he is appointed.
- Notwithstanding paragraph (g), and subject
to subparagraph (f)(ii), if on the day immediately preceding the commencement of
parental leave without pay an employee is performing an acting assignment for at
least four (4) months, the weekly rate shall be the rate, the employee was being
paid on that day.
**
- Where an employee becomes eligible for a
pay increment or pay revision that would increase the parental allowance, the allowance
shall be adjusted accordingly.
- Parental allowance payments made under the
SUB Plan will neither reduce nor increase an employee's deferred remuneration or
severance pay.
**
- The maximum combined, shared maternity and
parental allowances payable under this Collective Agreement shall not exceed fifty-two
(52) weeks for each combined maternity and parental leave without pay.
25.12 Special Parental Allowance for Totally
Disabled Employees
-
An employee who:
- fails to satisfy the eligibility requirement
specified in subparagraph 25.11(a)(ii) solely because a concurrent entitlement to
benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD)
Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via
the Government Employees Compensation Act
prevents the employee from receiving Employment Insurance or Québec Parental Insurance
Plan benefits;
and
- has
satisfied all of the other eligibility criteria specified in paragraph 25.11(a),
other than those specified in sections (A) and (B) of subparagraph 25.11(a)(iii);
shall be paid, in respect of each week of benefits
under the parental allowance not received for the reason described in subparagraph
25.12(a)(i), the difference between ninety-three per cent (93%) of the employee's
rate of pay, and the gross amount of his or her weekly disability benefit under
the DI Plan, the LTD Plan or via the Government
Employees Compensation Act.
- An employee shall be paid an allowance under
this clause and under clause 25.11 for a combined period of no more than the number
of weeks during which the employee would have been eligible for parental, paternity
or adoption benefits under the Employment Insurance or the Québec Parental Insurance
Plan, had the employee not been disqualified from Employment Insurance or Québec
Parental Insurance Plan benefits for the reasons described in subparagraph 25.12(a)(i).
25.13 Leave Without Pay for the Care
and Nurturing of Preschool Age Children
Subject to operational
requirements as determined by the Employer an employee shall be granted leave without
pay for the care and nurturing of the employee's preschool age children in accordance
with the following conditions:
- an employee shall notify the Employer in
writing four (4) weeks in advance of the commencement date of such leave;
- leave granted under this clause shall be
for a minimum period of six (6) months;
- the total leave granted under this clause
shall not exceed five (5) years during an employee's total period of employment
in the public service;
- such leave shall be deducted for the calculation
of "continuous employment" for the purposes of calculating severance pay and vacation
leave;
- time spent on such leave shall not be counted
for pay increment purposes.
25.14 Leave Without Pay for Family-Related
Needs
Leave without pay will be granted for family-related needs, in the
following manner:
- Subject to operational requirements as determined
by the Employer, leave without pay for a period of up to three (3) months will be
granted to an employee for family-related needs.
- Subject to operational requirements as determined
by the Employer, leave without pay of more than three (3) months but not exceeding
one (1) year will be granted to an employee for family-related needs.
- An employee is entitled to leave without
pay for family-related needs only once under each of (a) and (b) of this clause
during the employee's total period of employment in the public service. Leave without
pay granted under this clause may not be used in combination with maternity, paternity
or adoption leave without the consent of the Employer.
- Leave without pay granted under (a) of this
clause shall be counted for the calculation of "continuous employment" for the purpose
of calculating severance pay and vacation leave for the employee involved. Time
spent on such leave shall be counted for pay increment purpose.
- Leave without pay granted under (b) of this
clause shall be deducted from the calculation of "continuous employment" for the
purpose of calculating severance pay and vacation leave for the employee involved.
Time spent on such leave shall not be counted for pay increment purposes.
25.15 Leave Without Pay for Relocation
of Spouse
- At the request of an employee, leave without
pay for a period up to one (1) year shall be granted to an employee whose spouse
is permanently relocated and up to five (5) years to an employee whose spouse is
temporarily relocated.
- Leave without pay granted under this clause
shall be deducted from the calculation of "continuous employment" for the purpose
of calculating severance pay and vacation leave for the employee involved except
where the period of such leave is less than three (3) months. Time spent on such
leave which is for a period of more than three (3) months shall not be counted for
pay increment purposes.
25.16 Leave With Pay for Family-Related
Responsibilities
- For the purpose of this clause, family is
defined as spouse (or common-law spouse resident with the employee), children (including
children of legal or common-law spouse), parents (including stepparents or foster
parents), or any relative permanently residing in the employee's household or with
whom the employee permanently resides.
- The Employer shall grant
leave with pay under the following circumstances:
- an
employee is expected to make every reasonable effort to schedule medical or dental
appointments for family members to minimize or preclude the employee's absence from
work, however, when alternate arrangements are not possible an employee shall be
granted up to one-half (1/2) day for a medical or dental appointment when the dependent
family member is incapable of attending the appointment by himself or herself, or
for appointments with appropriate authorities in schools or adoption agencies. An
employee requesting leave under this provision must notify his or her supervisor
of the appointment as far in advance as possible;
- leave
with pay to provide for the immediate and temporary care of a sick member of the
employee's family and to provide an employee with time to make alternate care arrangements
where the illness is of a longer duration;
- one
(1) day's leave with pay for needs directly related to the birth or to the adoption
of the employee's child. This leave may be divided into two (2) periods and granted
on separate days;
- The total leave with pay which may be granted
under sub-clause (b)(i), (ii) and (iii) shall not exceed thirty-seven decimal five
(37.5) hours in a fiscal year.
25.17 Leave With or Without Pay for
Other Reasons
At its discretion, the
Employer may grant leave with or without pay for purposes other than those specified
in this Agreement.
25.18 Personal Leave
Subject to operational
requirements as determined by the Employer and with an advance notice of at least
five (5) working days, the employee shall be granted, in each fiscal year, a single
period of up to seven decimal five (7.5) hours of leave with pay for reasons of
a personal nature.
The leave will be scheduled
at times convenient to both the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leaves at such times as the employee
may request.
25.19 Volunteer Leave
Subject to operational
requirements as determined by the Employer and with an advance notice of at least
five (5) working days, the employee shall be granted, in each fiscal year, a single
period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer
for a charitable or community organization or activity, other than for activities
related to the Government of Canada Workplace Charitable
Campaign.
The leave will be scheduled
at times convenient both to the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leaves at such times as the employee
may request.
26.01 It is agreed that there shall be no discrimination
with respect to an employee by reason of age, race, creed, colour, national origin,
political or religious affiliation, sex, sexual orientation, membership or activity
in the Union.
27.01
When the employment of an employee who has been granted more vacation or sick leave
with pay than the employee has earned is terminated by death, the employee is considered
to have earned the amount of leave with pay granted to him or her.
27.02
When the employment of an employee who has been granted more vacation or sick leave
with pay than the employee has earned is terminated by lay-off, the employee is
considered to have earned the amount of leave with pay granted if at the time of
lay-off the employee has completed two (2) or more years of continuous employment.
**
27.03
The amount of leave with pay credited to an employee by the Employer at the time
when this Agreement is signed, or at the time when the employee becomes subject
to this Agreement, shall be retained by the employee.
27.04
Leave shall be granted only in respect of time the employee would be otherwise scheduled
to work at straight-time rates.
27.05
An employee is not entitled to leave with pay during periods when the employee is
on leave without pay or under suspension.
27.06
An employee shall not be granted two different types of leave with pay at the same
time.
27.07
An employee shall not earn leave credits under this Collective Agreement in any
month for which leave has already been credited to the employee under the terms
of any other collective agreement to which the Employer is a party.
27.08 Leave credits will
be earned on a basis of a day being equal to seven decimal five (7.5) hours.
27.09 When leave is granted,
it will be granted on an hourly basis and the hours debited for each day of leave
shall be the same as the hours the employee would normally have been scheduled to
work on that day, except for Bereavement Leave With Pay where a day is a calendar
day.
27.10 When an employee is
granted a day of leave, such employee will not be scheduled for work on that day
without mutual agreement.
Lay-off
28.01
- On
the first (1st) lay-off two (2) weeks' pay for the first (1st) complete year of
continuous employment and one (1) week's pay for each additional complete year of
continuous employment and, in the case of a partial year of continuous employment,
one (1) week's pay multiplied by the number of days of continuous employment divided
by three hundred and sixty-five (365).
- On
second (2nd) or subsequent lay-off one (1) week's pay for each complete year of
continuous employment and, in the case of a partial year of continuous employment,
one (1) week's pay multiplied by the number of days of continuous employment divided
by three hundred and sixty-five (365), less any period in respect of which the employee
was granted severance pay under sub-paragraph (i).
Resignation
28.02
On resignation, subject to clause 28.05 and with ten (10) or more years of continuous
employment, one-half (1/2) week's pay for each complete year of continuous employment
up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13)
weeks' pay.
Retirement
28.03
- On
retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when
the employee is entitled to an immediate annual allowance, under the Public Service Superannuation Act,
or
- a
part-time employee, who regularly works more than thirteen decimal five (13.5) but
less than thirty (30) hours a week, and who, if he or she were a contributor under
the Public Service Superannuation Act,
would be entitled to an immediate annuity thereunder, or who would have been entitled
to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,
a severance payment in respect of the employee's
complete period of continuous employment, comprised of one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous employment
divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks'
pay.
Severance Pay on Death
28.04
If an employee dies, there shall be paid to the employee's estate a severance payment
in respect of the employee's complete period of continuous employment, comprised
of one (1) week's pay for each complete year of continuous employment and, in the
case of a partial year of continuous employment, one (1) week's pay multiplied by
the number of days of continuous employment divided by three hundred and sixty-five
(365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
28.05 Severance benefits payable
to an employee under this article shall be reduced by any period of continuous employment
in respect of which the employee was already granted any type of termination benefit.
Under no circumstances shall the maximum severance pay provided under this article
be pyramided.
29.01
An employee shall be given an opportunity to sign any formal review of his or her
performance, and shall also be given an opportunity to sign all adverse reports
pertaining to the performance of his or her duties and shall be provided a copy
of the report.
29.02 Any document, relating to 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 infraction took place; provided
that no further occurrence of disciplinary action has been recorded during this
period.
29.03 Twice per year, upon written request
by an employee, the personnel file(s) of that employee shall be made available within
ten (10) working days for his/her examination in the presence of an authorized representative
of the Employer.
30.01
The Employer shall continue to ensure that reasonable provisions are made for the
occupational safety and health of employees. The Employer will welcome suggestions
on the subject from the Union and the parties undertake to consult with a view to
adopting and expeditiously carrying out reasonable procedures and techniques designed
or intended to prevent or reduce the risk of employment injury.
31.01 The Employer agrees to continue the present
practice of providing an employee with immunization against communicable diseases
when such immunization is a requirement to obtain a passport for travel in the performance
of duties outside Canada.
32.01 The Employer agrees to continue the present
practice of ensuring that employees have ready access to all publications considered
necessary to their work by the Employer.
33.01 Upon written request, an employee shall
be provided with a complete and current statement of the duties and responsibilities
of his or her position, including the classification level and, where applicable,
the point rating allotted by factor to his or her position, and an organization
chart depicting the position's place in the organization.
34.01 Preamble
In an effort to resolve recruitment and/or retention problems,
the Employer will provide an allowance for the performance of duties to incumbents
of positions in the Aircraft Operations bargaining unit.
34.02 Eligibility
Employees who are incumbents of positions (either on a substantive
basis or acting appointment basis) in the Aircraft Operations bargaining unit shall
be entitled to an Aviation Aircrew Allowance (AAA).
34.03 Application
-
**
- Incumbents of positions identified
above shall be eligible to receive the following annualized Aviation Aircrew Allowance
to be paid biweekly:
- Effective January 26, 2008: $5,281;
- Effective January 26, 2009: $5,281;
- Effective January 26, 2010: $5,281;
- The Allowance specified above does not form
part of an employee's salary.
**
- An employee shall be paid the Allowance for
each calendar month for which the employee receives at least seventy-five (75) hours
pay as an incumbent of a position in the AO bargaining unit.
- Part-time
employees shall be entitled to the Allowance on a pro rata basis.
- The parties
agree that disputes arising from the application of this article may be subject
to consultation.
35.01
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.
35.02
The parties recognize the value of informal discussion between employees and their
supervisors to the end that problems might be resolved without recourse to a formal
grievance. When the parties agree in writing to avail themselves of an informal
conflict management system established pursuant to section 207 of the PSLRA,
the time limits prescribed in the article 35 Grievance Procedure are suspended until
either party gives the other notice in writing to the contrary.
35.03
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.
35.04 The time limits stipulated in this
procedure may be extended by mutual agreement between the Employer and the employee
and, where appropriate, the Union Representative.
35.05
Where the provisions of clauses 35.07, 35.24 or 35.38 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.
35.06
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
35.07 An
employee who wishes to present a grievance at any prescribed level in the grievance
procedure, shall transmit this grievance to the employee's immediate supervisor
or local officer-in-charge who shall forthwith:
- forward the grievance to the representative
of the Employer authorized to deal with grievances at the appropriate level,
and
- provide the employee with a receipt stating the date on which the grievance was
received by him.
35.08 Presentation of grievance
-
Subject to subsections (2) to (7), an employee is entitled to present an individual
grievance if he or she feels aggrieved
- by the
interpretation or application, in respect of the employee, of
- 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
- a provision of a collective agreement or an arbitral award;
or
- as a result of any occurrence or matter
affecting his or her terms and conditions of employment.
- An
employee 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.
- Despite
subsection (2), an employee may not present an individual grievance in respect of
the right to equal pay for work of equal value.
- An
employee may not present an individual grievance relating to the interpretation
or application, in respect of the employee, of a provision of a collective agreement
or an arbitral award unless the employee has the approval of and is represented
by the Union.
- An
employee who, in respect of any matter, chooses to use a complaint procedure established
by a policy of the employer, such as the Policy on Prevention and Resolution of
Harassment in the Workplace, may not present an individual grievance in respect
of that matter if the policy expressly provides that an employee who avails himself
or herself of the complaint procedure is precluded from presenting an individual
grievance under this article.
- An
employee 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.
- 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.
35.09 There
shall be three (3) levels in the grievance procedure. These levels shall be as follows:
- Level 1 - first (1st) level of management;
- Level 2 - intermediate level;
- Final level - the Deputy Minister (or his
equivalent) or his delegated representative.
35.10 Representatives
- The Employer shall designate a representative
at each level in the grievance procedure and shall inform each employee 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.
- This information shall be communicated to
employees by means of notices posted by the Employer in places where such notices
are most likely to come to the attention of the employees to whom the grievance
procedure applies, or otherwise as determined by agreement between the Employer
and the Union.
35.11 An
employee 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.
35.12 An
employee may present a grievance to the first (1st) level of the procedure in the
manner prescribed in clause 35.07, 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.
35.13 An
employee may present a grievance at each succeeding level in the grievance procedure
beyond the first (1st) level either:
- where the decision or offer for settlement
is not satisfactory to the employee, within ten (10) days after that decision or
offer for settlement has been conveyed in writing to the employee by the Employer,
or
- where the Employer has not conveyed a decision
to the employee within the time prescribed in clause 35.14, within twenty-five (25)
days after he presented the grievance at the previous level.
35.14 The
Employer will normally reply to an employee's grievance at any level of the grievance
procedure, except the final level, within ten (10) days after the grievance is presented,
and within thirty (30) days when the grievance is presented at the final level.
35.15 Where
an employee 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 employee.
35.16 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 in accordance
with clause 35.22, 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.
35.17 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 employee, and, where applicable,
the Union.
35.18 Where
the Employer demotes or terminates an employee 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.
35.19 An
employee may by written notice to his immediate supervisor or officer-in-charge
withdraw a grievance.
35.20 Any
employee 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.
35.21 No
person shall seek by intimidation, by threat of dismissal or by any other kind of
threat to cause an employee to abandon his grievance or refrain from exercising
his right to present a grievance, as provided in this Collective Agreement.
35.22 Reference to Adjudication
- An employee 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 employee's satisfaction
if the grievance is related to:
- the
interpretation or application in respect of the employee of a provision of a collective
agreement or an arbitral award;
- a disciplinary action resulting in termination, demotion, suspension or financial penalty;
- 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; or
- deployment under the Public Service Employment Act
without the employee's consent where consent is required.
- 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.
- The Canadian Human Rights Commission has
standing in adjudication proceedings for the purpose of making submissions regarding
an issue referred to in subsection (2).
- Nothing in subsection (1) above is to be
construed or applied as permitting the referral to adjudication of an individual
grievance with respect to:
- any
termination of employment under the Public Service Employment Act;
or
- any
deployment under the Public Service Employment Act, other than the deployment
of the employee who presented the grievance.
35.23 Before
referring an individual grievance related to matters referred to in paragraph 35.22(1)(a), the employee must obtain the approval of the Union.
Group Grievances
35.24 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:
- forward the grievance to the
representative of the Employer authorized to deal with grievances at the appropriate
level,
and
- provide the Union with a receipt
stating the date on which the grievance was received by him.
35.25 Presentation of Group Grievance
- The Union may present to the Employer a group
grievance on behalf of employees in the bargaining unit who feel aggrieved by the
interpretation or application, common in respect of those employees, of a provision
of a collective agreement or an arbitral award.
- In order to present the grievance, the Union
must first obtain the consent of each of the employees concerned in the form provided
for by the regulations. The consent of an employee is valid only in respect of the
particular group grievance for which it is obtained.
- The group grievance must relate to employees in
a single portion of the federal public administration.
- The Union
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.
- Despite subsection (4), the Union may not present
a group grievance in respect of the right to equal pay for work of equal value.
- If an employee has, in respect of any matter,
availed himself or herself of a complaint procedure established by a policy of the
Employer, the Union may not include that employee as one on whose behalf it presents
a group grievance in respect of that matter if the policy expressly provides that
an employee who avails himself or herself of the complaint procedure is precluded
from participating in a group grievance under this article.
- The Union 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.
- 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.
35.26 There
shall be no more than a maximum of three (3) levels in the grievance procedure.
These levels shall be as follows:
- Level 1 - first (1st) level of management;
- Level 2 - intermediate level;
- Final level - the Deputy Minister (or his
equivalent) or his delegated representative.
35.27 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.
35.28 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.
35.29 The
Union may present a grievance to the first (1st) level of the procedure in the manner
prescribed in clause 35.24, no later than the twenty-fifth (25th) day after the
earlier of the day on which the aggrieved employees received notification and the
day on which they had knowledge of any act, omission or other matter giving rise
to the group grievance.
35.30 The
Union may present a grievance at each succeeding level in the grievance procedure
beyond the first (1st) level either:
- 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
- where the Employer has not conveyed a decision
to the Union within the time prescribed in clause 35.31, within twenty-five (25)
days after the Union presented the grievance at the previous level.
35.31 The
Employer will normally reply to the Union's grievance at any level of the grievance
procedure, except the final level, within ten (10) days after the grievance is presented,
and within thirty (30) days when the grievance is presented at the final level.
35.32 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.
35.33 The
Union may by written notice to officer-in-charge withdraw a grievance.
35.34 Opting out of a group Grievance
- An employee 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 employee no longer wishes to be involved
in the group grievance.
- The Union shall provide to the representatives
of the Employer authorized to deal with the grievance, a copy of the notice received
pursuant to paragraph (1) above.
- After receiving the notice, the Union may
not pursue the grievance in respect of the employee.
35.35 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.
35.36 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.
35.37 Reference to Adjudication
- The
Union 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.
- 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.
- 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
35.38 The Employer
and the Union may present a grievance at the prescribed level in the grievance procedure,
and forward
the grievance to the representative of the Union or the Employer, as the case may
be, authorized to deal with the grievance. The party who receives the grievance
shall provide the other party with a receipt stating the date on which the grievance
was received by him.
35.39 Presentation of Policy Grievance
- The
employer and the Union 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.
- Neither the employer nor the Union 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.
- Despite subsection (2), neither the employer
nor the Union may present a policy grievance in respect of the right to equal pay
for work of equal value.
- The Union 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.
- 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.
35.40 There
shall be no more than one (1) level in the grievance procedure.
35.41 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.
35.42 The
Employer and the Union may present a grievance in the manner prescribed in clause
35.38, 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.
35.43 The
Employer and the Union will normally reply to the grievance within thirty (30) days
when the grievance is presented.
35.44 The
Employer or the Union, as the case may be, may by written notice to officer-in-charge
abandon a grievance.
35.45 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.
35.46 Reference to Adjudication
- A
party that presents a policy grievance may refer it to adjudication.
- 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.
- The Canadian Human Rights Commission has
standing in adjudication proceedings for the purpose of making submissions regarding
an issue referred to in subsection (2).
36.01
The parties acknowledge the mutual benefits to be derived from joint consultation
and will consult on matters of common interest.
36.02
Subjects that may be determined as appropriate for joint consultation will be by
mutual agreement of the parties.
National Consultation
36.03
**
- To facilitate discussions on matters of mutual
interest outside the terms of the collective agreement including training and career
development, the Employer will recognize an Aircraft Operations Group Committee
of the Union for the purpose of consulting with management. Representation at such
meetings will normally be limited to five (5) representatives from each party, or
as mutually agreed.
- 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.
37.01 The Employer will continue past practice
in giving all reasonable consideration to continued employment in the public service
of employees who would otherwise become redundant because work is contracted out.
**
38.01 The Public Service Labour Relations Act provides penalties for engaging
in illegal strikes. Both parties agree that disciplinary action may also be taken,
which will include penalties up to and including termination of employment, for
participation in an illegal strike as defined in the Public Service Labour Relations Act.
39.01 This Agreement may be amended by mutual
consent. If either party wishes to amend or vary this Agreement, it shall give to
the other party notice of any amendment proposed and the parties shall meet and
discuss such proposal not later than one calendar month after receipt of such notice.
40.01 The Employer agrees, where an employee
permanently loses his or her Flight Crew Licence due to medical or proficiency reasons,
to continue the present practice of making every reasonable effort to find suitable
employment either within the department or elsewhere in the public service.
40.02 Where an employee, who has been denied
renewal of his or her Flight Crew licence on the grounds that he or she does not
meet the prescribed medical standards, applies for a review of his or her case to
the Civil Aviation Medical Advisory Panel, the Employer will reimburse the employee
for the cost of any additional medical examinations which he or she is required
to undergo.
41.01 The Employer
shall reimburse an employee for his or her payment of fees incurred in:
- obtaining
medical examinations, including but not limited to electrocardiograms, specialist
reports and x-rays, when required by the licensing authority, for the purpose of
the renewal of a Flight Crew licence;
and
- renewing
his or her Flight Crew licence including ratings and endorsements thereto, when
required by the Employer as a condition for the continuation of the performance
of the duties of his or her position.
42.01 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 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.
42.02 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 on December 6, 1978.
43.01
If an employee on a designated holiday or a day of rest or after he or she has completed
his or her work for the day and has left his or her place of work is called back
to work and returns to work he or she shall be entitled to the greater of:
- compensation
at the applicable overtime rate for any time worked,
- compensation
equivalent to four (4) hours' pay at the straight-time rate.
Time spent by an employee reporting to work or returning to his
or her residence shall not constitute time worked.
43.02 An employee who receives a call to duty
or responds to a telephone or data line call on a designated holiday or a day of
rest or after he or she has completed his or her work for the day, may, at the discretion
of the Employer, work at the employee's residence or at another place to which the
Employer agrees. In such instances, the employee shall be paid the greater of:
- compensation
at the applicable overtime rate for any time worked,
or
- compensation
equivalent to one (1) hour's pay at the straight-time rate, which shall apply only
the first time an employee performs work during an eight-hour period, starting when
the employee first commences the work.
44.01
- An employee
will be considered to be on standby when the Employer requires that employee to
be available at a known telecommunications link number and able to perform authorized
work during off-duty hours for his or her designated period of standby duty.
- An employee
on standby shall be compensated at the rate of one (1) hour for each eight (8) consecutive
hours or portion thereof that the employee has been designated as being on standby
duty.
- The compensation
referred to in (b) shall be made in cash. However, at the request of the employee
and the discretion of the Employer, the compensation may be in the form of compensatory
leave.
- No compensation
shall be made for the total period of standby duty if the employee is unable to
report for duty when required.
- An employee
on standby who receives a call to duty and who performs authorized work shall be
credited with compensatory leave in accordance with Article 43 and shall continue
to receive compensation under this clause for the balance of the period of standby
duty in which he or she is called to duty.
- Upon
recommencement of standby duty following a period in which an employee has been
recalled to work or received a call to duty subject to clause 44.01(e) he or she
will recommence to earn standby compensation under the provisions of paragraph (b)
of this clause.
- When
there is a known requirement for standby duties on a continuing basis the Employer
will endeavour to distribute the standby duties on an equitable basis among qualified
available employees.
45.01
A Helicopter Pilot shall receive a weekly allowance of thirty (30) hours at time
and one-half (1 1/2) for each period of seven (7) consecutive days in which he or
she is required to undertake shipboard or special assignment duties, and periods
of less than seven (7) consecutive days on shipboard or special assignment duties
will be pro-rated, provided that:
- such allowance shall not apply to Helicopter
Pilots receiving Isolated Post Allowance or any other special allowance for hardship
and isolation,
and
- such allowance is in lieu of daily or weekly
overtime, call-back, standby and all premium pay for work on days of rest and designated
holidays,
- the Special Assignment Allowance for helicopter
operations applies to operations north of fifty-five (55o) degrees latitude
north,
- subject to operational requirements, as determined
by the Employer, compensation earned under clause 45.01 may, at the request of the
Employer or the employee, and with reasonable notice, be granted in leave at time
mutually convenient,
- when a Helicopter Pilot on shipboard or special
assignment works on a designated paid holiday he or she shall be credited with one
day of leave with pay in lieu of the holiday.
46.01
**
- Subject
to clause (b) of this article, all employees in the bargaining unit shall be paid
the following Extra Duty Allowance:
- Effective January 26, 2008: $7,480;
- Effective January 26, 2009: $7,480;
- Effective January 26, 2010: $7,480.
- The requirements
for eligibility to receive Extra Duty Allowance and the timing of payments shall
be the same as those contained in Transport Canada's Professional Aviation Currency
Program for Civil Aviation Inspectors (formerly referred to as the Professional
Currency Programs for Civil Aviation Inspectors) and the TSB Policy on CAI Professional
Aviation Currency.
- Extra
Duty Allowance shall form part of pay for purposes of the Public Service Superannuation Act (PSSA), Disability Insurance Act (DI) and the Public Service Management Insurance
Plan (PSMIP).
47.01 The parties agree that the maintenance
of Professional Aviation Currency is necessary for the Employer to fulfil its mandate
and for employees to carry out their duties.
47.02 The Employer shall provide each medically
fit Civil Aviation Inspector (CAI) with the opportunity to maintain his/her Professional
Aviation Currency through the use of Departmental aircraft or an approved alternate
professional currency program.
47.03 Professional Aviation Currency is deemed
to have been met as a minimum, by the possession and maintenance of the Airline
Transport Pilot Licence (ATPL) and Group 1 or Group 4 Instrument Rating/Pilot Proficiency
Check or a Commercial Helicopter Pilot Licence and Group 4 Instrument Rating/Pilot
Proficiency Check.
47.04 The Employer shall assign each employee
in accordance with the criteria and procedures established between the Employer
and the Union to a Professional Aviation Currency Program.
47.05
With the exception of 47.04 above all changes to the Transport Canada Professional
Aviation Currency Policy for Civil Aviation Inspectors and the TSB policy on CAI
Professional Aviation Currency shall be accomplished by means of mutual agreement
between the parties.
48.01 Where an employee is involved in an accident or incident related to the operation
of an aircraft while performing his duties, the employee may be removed from flying
status and assigned alternate duties pending the outcome of any investigation into
the accident or incident undertaken by the Employer or the Canadian Transportation
Accident Investigation and Safety Board (CTAISB) or both.
48.02 If after seven (7) days the employee has not been returned to all duties,
including flying status, written notification must be provided along with the reasons
therefore, to the employee with a copy to the Union.
48.03 In cases involving aircraft accidents or incidents the employee will not
be required to commit orally or in writing to the Employer for a period of twenty-four
(24) hours following the accident or incident unless the employee has the opportunity
to be represented by the Union and has been afforded the opportunity of a medical
examination by a medical examiner approved by the Union and the Employer.
48.04 Where an investigation is undertaken by the Employer, pursuant to the above,
every effort shall be made to issue a formal report within three (3) months.
48.05 Both the employee involved and the Union will be informed on a regular basis
of the course of such an investigation and will be provided with a copy of any interim
or final report resulting therefrom.
48.06 Where an employee provides information or evidence to an investigation for
the purposes of determining the circumstances and/or cause of an aviation accident
or incident such information will be used exclusively for the purposes of flight
safety and shall not be used against any person in any legal or disciplinary proceedings
except as provided for in accordance with the Canadian Transportation Accident
Investigation and Safety Board (CTAISB) Act.
**
48.07 Where disciplinary action is considered following the issuance of an accident
or incident investigation report, the provisions of Article 35.12 shall be applicable
from the date of issue of such report.
49.01 An employee shall be notified
in writing of any investigation that may result in disciplinary action being taken
against the employee by the Employer. Such notice shall contain a description of
the allegations and make known the office and/or individuals that will be carrying
out such investigation.
49.02 When an employee is required
to attend a meeting, the purpose of 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 Canadian Federal
Pilots Association (CFPA) attend the meeting. The employee shall be advised by the
Employer of his or her right to Union representation. The employee shall receive
a minimum of one (1) day's notice of such a meeting.
49.03 The Employer shall notify
the local representative of the CFPA as soon as possible that such suspension or
termination has occurred.
49.04 The Employer agrees not
to introduce as evidence in a hearing relating to disciplinary action any document
from the file of an employee the content of which the employee was not aware of
at the time of filing or within a reasonable period thereafter.
49.05 Subject to the Access
to Information Act and Privacy Act, the Employer will provide the employee
access to the information used during the disciplinary investigation.
50.01 Developmental training or education, including
attendance at certain seminars, symposiums and conferences, represents opportunities
for development to the employee beyond that which the Employer requires of the employee
to maintain the employee's competency in the employee's current position. Specifically,
developmental training and education is employee requested not Employer required.
50.02 Where developmental training or education
is arranged by the Employer and an employee is given the opportunity to attend,
the employee shall be informed in advance of what is likely to be involved in respect
of the employee's personal time above and beyond the employee's normal hours of
work both in respect of travel and attendance at such activities.
50.03 Developmental training or education opportunities
do not always associate themselves with the normal hours of work. If the employee
wishes to be given the opportunity to attend and is permitted to do so, the employee
shall only be entitled to normal travel expenses incurred and regular salary and
in these circumstances the overtime and traveling time provisions of the collective
agreement will not apply.
51.01 If employees are prevented
from performing their duties because of a strike or lock-out on the premises of
another employer, the employees shall report the matter to the Employer, and the
Employer will make reasonable efforts to ensure that such employees are employed
elsewhere, so that they shall receive their regular pay and benefits to which they
would normally be entitled.
52.01 Subject to the willingness and capacity
of individual employees to accept relocation and retraining, the Employer will make
every reasonable effort to ensure that any reduction in the work force will be accomplished
through attrition.
53.01 The Employer shall provide legal advice
and assistance to an employee who is required to appear at a coroner's inquest or
judicial/magisterial inquiry, or who is a party to or is required to attend as a
witness at a civil or criminal legal action, arising out of the performance of the
employee's duties.
53.02 If the employee so desires, he or
she may select legal counsel of his or her choice, and the legal fees for such representation
shall be borne by the employee. Where, in the opinion of the Employer, a conflict
of interest may exist, the Employer shall pay the legal fees for such representation,
in accordance with the schedule of fees established for agents of the Department
of Justice.
**
54.01 The duration of this Collective Agreement
shall be from the date it is signed to January 25, 2011.
54.02 Unless otherwise expressly stipulated
the provisions of this Agreement shall become effective on the date it is signed.
**
54.03 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 14th day of August, 2009.
The Treasury Board of Canada
Hélène Laurendeau
Todd Burke
John Park
Jennifer Taylor
Steve Buckles
Nicolas Williams
Mark Clitsome
Arthur Allan
The Canadian Federal Pilots Association
Michel Brulotte
Duncan Chalmers
Pierre Clement
Pete Firlotte
Marilyn Gilmour
Greg Holbrook
Dan Slunder
Yvan Turcotte
AO - Aircraft Operations Group
Annual Rates of Pay
(in dollars)
Table Legend
- $) Effective January 26, 2007
- A) Effective January 26, 2008
- B) Effective January 26, 2009
- C) Effective January 26, 2010
Civil Aviation Inspectors Sub-Group (CAI)
CAI-1 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) January 26, 2007 |
66765
|
68670
|
70627
|
72641
|
74711
|
A) January 26, 2008 |
68301
|
70249
|
72251
|
74312
|
76429
|
B) January 26, 2009 |
69326
|
71303
|
73335
|
75427
|
77575
|
C) January 26, 2010 |
70366
|
72373
|
74435
|
76558
|
78739
|
CAI-2 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
$) January 26, 2007 |
71681
|
73723
|
75827
|
77987
|
80211
|
82497
|
A) January 26, 2008 |
73330
|
75419
|
77571
|
79781
|
82056
|
84394
|
B) January 26, 2009 |
74430
|
76550
|
78735
|
80978
|
83287
|
85660
|
C) January 26, 2010 |
75546
|
77698
|
79916
|
82193
|
84536
|
86945
|
CAI-3 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) January 26, 2007 |
76710
|
78896
|
81145
|
83460
|
85839
|
88284
|
90801
|
A) January 26, 2008 |
78474
|
80711
|
83011
|
85380
|
87813
|
90315
|
92889
|
B) January 26, 2009 |
79651
|
81922
|
84256
|
86661
|
89130
|
91670
|
94282
|
C) January 26, 2010 |
80846
|
83151
|
85520
|
87961
|
90467
|
93045
|
95696
|
CAI-4 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) January 26, 2007 |
81621
|
83949
|
86339
|
88799
|
91330
|
93933
|
96609
|
A) January 26, 2008 |
83498
|
85880
|
88325
|
90841
|
93431
|
96093
|
98831
|
B) January 26, 2009 |
84750
|
87168
|
89650
|
92204
|
94832
|
97534
|
100313
|
C) January 26, 2010 |
86021
|
88476
|
90995
|
93587
|
96254
|
98997
|
101818
|
CAI-5 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) January 26, 2007 |
88149
|
90660
|
93245
|
95906
|
98639
|
101450
|
104339
|
A) January 26, 2008 |
90176
|
92745
|
95390
|
98112
|
100908
|
103783
|
106739
|
B) January 26, 2009 |
91529
|
94136
|
96821
|
99584
|
102422
|
105340
|
108340
|
C) January 26, 2010 |
92902
|
95548
|
98273
|
101078
|
103958
|
106920
|
109965
|
Engineering Test Pilots Sub-Group (ETP)
ETP-1 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
$) January 26, 2007 |
95581
|
98304
|
101106
|
103968
|
106933
|
109981
|
A) January 26, 2008 |
97779
|
100565
|
103431
|
106359
|
109392
|
112511
|
B) January 26, 2009 |
99246
|
102073
|
104982
|
107954
|
111033
|
114199
|
C) January 26, 2010 |
100735
|
103604
|
106557
|
109573
|
112698
|
115912
|
Helicopter Pilot and Supervisors Sub-Group (HPS)
HPS-1 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) January 26, 2007 |
73641
|
75356
|
77560
|
79763
|
82036
|
A) January 26, 2008 |
75335
|
77089
|
79344
|
81598
|
83923
|
B) January 26, 2009 |
76465
|
78245
|
80534
|
82822
|
85182
|
C) January 26, 2010 |
77612
|
79419
|
81742
|
84064
|
86460
|
HPS-2 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) January 26, 2007 |
77010 |
79067 |
81416 |
83762 |
86150 |
A) January 26, 2008 |
78781 |
80886 |
83289 |
85689 |
88131 |
B) January 26, 2009 |
79963 |
82099 |
84538 |
86974 |
89453 |
C) January 26, 2010 |
81162 |
83330 |
85806 |
88279 |
90795 |
Pay Notes
- The pay
increment period for employees in these scales of rates is one (1) year and a pay
increment shall be the next rate in the scale of rates.
- Subject
to Pay Note 3, the pay increment date for an employee appointed to a position in
the bargaining unit on promotion, demotion or from outside the public service after
February 22, 1982, shall be the anniversary date of such appointment. The anniversary
date for an employee who was appointed to a position in the bargaining unit prior
to February 22, 1982 remains unchanged.
- Part time
employees shall be eligible to receive a pay increment when the employee has worked
a total of nineteen hundred and fifty (1950) hours at the hourly rate of pay during
a period of employment provided that the maximum rate for the employee's level is
not exceeded. The pay increment date shall be the first working day following completion
of the hours specified in this paragraph.