ARCHIVED - Education and Library Science - EB (ED, LS, EU) 209, 215, 414 - Archived

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Memorandum of Agreement Effective December 21, 2010

Agreement between the Treasury Board and The Public Service Alliance of Canada

Group: Education and Library Science
(all employees)

Expiry Date: 30 June 2011

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This Agreement covers the following classifications:

Code	Classification
209	Education (ED)
215	Library Science (LS)
414	Educational Support (EU)

Table of Contents

**Article 1 Purpose and Scope of Agreement
**Article 2 Interpretation and Definitions
Article 3 Application
Article 4 State Security
Article 5 Precedence of Legislation and the Collective Agreement
Article 6 Managerial Responsibilities
Article 7 Recognition
Article 8 Employee Representatives
Article 9 Use of Employer Facilities
**Article 10 Check-Off
Article 11 Information
Article 12 Labour Disputes
Article 13 Restriction on Outside Employment
**Article 14 Leave With or Without Pay for Alliance Business
**Article 15 Illegal Strikes
Article 16 No Discrimination
Article 17 Sexual Harassment
Article 18 Leave General
Article 19 Sick Leave With Pay
**Article 20 Vacation Leave With Pay
**Article 21 Designated Paid Holidays
Article 22 Other Leave With or Without Pay

**Article 23 Education Leave Without Pay and Career Development Leave
Article 24 Severance Pay
Article 25 Penological Factor Allowance
Article 26 Pay Administration
Article 27 Travelling Time
**Article 28 Call-Back Pay
Article 29 Standby
Article 30 Shift Premiums and Weekend Premiums
Article 31 Statement of Duties
Article 32 Discipline
Article 33 Employee Performance Review and Employee Files
Article 34 Health and Safety
Article 35 Joint Consultation
**Article 36 National Joint Council Agreements
**Article 37 Grievance Procedure
Article 38 Part-Time Employees
Article 39 Variable Hours
Article 40 Dental Care Plan
Article 41 Termination or Transfer of Operations
Article 42 Miscellaneous - ED Group
Article 43 Hours of Work for the LS Group
**Article 44 Work Year and Hours of Work for the ED-EST Sub-Group and EU Group
Article 45 Work Year And Hours of Work for the ED-LAT Sub-Group
**Article 46 Pedagogical Break
Article 47 Work Year and Hours of Work for the ED-EDS Subgroup
**Article 48 Overtime
**Article 49 Allowances
Article 50 Technological Change
Article 51 Authorship - LS Group
Article 52 Religious Observance
Article 53 Job Security
Article 54 Membership Fees
Article 55 Shift Principle
Article 56 Agreement Reopener
Article 57 Maternity-Related Reassignment or Leave
Article 58 Medical Appointment for Pregnant Employees
Article 59 Duty Aboard Vessels
**Article 60 Leave for ED-EST and EU Employees Who Work a Ten (10) Month Work Year
Article 61 Dangerous Goods
Article 62 Duration

Appendix "A" Annual Rates of Pay and Pay Notes

**Appendix "B"

Workforce Adjustment
Memoranda of Agreement

**Appendix "C"

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada with Respect to Article 45.10 Hours of Work at Correctional Service of Canada

Appendix "D"

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada With Respect to Class Size and Class Size Related Issues for INAC Schools

**Appendix "E"

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada With Respect to Hours Of Work at the Library and Archives Canada

Appendix "F"

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada With Respect to Education and Experience Grid for the ED-EST Employees

**Appendix "G"

Memorandum of Understanding Between the Treasury Board of Canada and The Public Service Alliance of Canada with Respect to the Education and Experience Grid for ED-EST Teachers

Appendix "H"

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada with Respect to a Joint Learning Program

Appendix "I"

Letter of Understanding Between the Treasury Board and the Public Service Alliance of Canada With Respect to the Classification Review

Appendix "J"

Letter of Understanding Between the Treasury Board and the Public Service Alliance of Canada with Respect to a Study to Compare the Compensation of ED-EST who work for a Period of Twelve (12) Month

Appendix "K"

Memorandum of Understanding Between the Treasury Board and the Public Service Alliance of Canada With Respect to Implementation of the Collective Agreement

Article 1
Purpose and Scope of Agreement

**

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Alliance and the employees and to set forth herein certain terms and conditions of employment including rates of pay upon which agreement has been reached through collective bargaining for all employees described in the certificate issued by the former Public Service Staff Relations Board on June 7, 1999 covering employees in the Education and Library Science Group.

1.02 The parties to this Agreement share a desire to improve the quality of the public service of Canada and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and efficiently served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the public service in which members of the bargaining unit are employed.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement, the following definitions apply:

"Alliance" (Alliance) means the Public Service Alliance of Canada;

"allowance" (indemnité) means compensation payable for the performance of special or additional duties;

"bargaining unit" (unité de négociation) means the employees of the Employer in the Group described in Article 7;

"common-law partner" (conjoint de fait) means a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year;

"compensatory leave" (congé compensateur) means leave with pay in lieu of cash payment for overtime, work performed on a designated holiday, travelling time compensated at overtime rate, call-back and reporting pay. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken;

"continuous employment" (emploi continu) has the same meaning as specified in the existing Public Service Terms and Conditions of Employment Regulations of the Employer on the date of signing of this Agreement;

"daily rate of pay" (taux de rémunération journalier) means:

(a) an employee's weekly rate of pay divided by five (5);

(b) in the case of an employee of the Education (ED) group working a school year, as defined in clause 45.01, the employee's annual rate of pay, plus allowances (if any) divided by the number of working days designated by the province, territory or provincial school unit within which geographical area the teacher is working;

"day of rest" (jour de repos) in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave or absent from duty without permission;

"double time" (tarif double) means two (2) times the employee's hourly rate of pay;

"employee" (employé-e) means a person so defined in the Public Service Labour Relations Act, and who is a member of the bargaining unit specified in Article 7;

"Employer" (Employeur) 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;

**

"family" (famille) except where otherwise specified in this Agreement, means father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee, grandchild, father-in-law, mother-in-law, the employee's grandparents and relative permanently residing in the employee's household or with whom the employee permanently resides;

"headquarters area" (zone d'affectation) has the same meaning as given to the expression in the Travel Directive;

"holiday" (jour férié) means:

(a) the twenty-four (24) our period commencing at 12:01 hours of a day designated as a paid holiday in this Agreement;

(b) however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed to have been entirely worked:

"hourly rate of pay" (taux de rémunération horaire) means the daily rate of pay divided by seven and one-half (7 1/2);

"lay-off" (mise en disponibilité) means the termination of an employee's employment because of lack of work or because of the discontinuance of a function;

"leave" (congé) means authorized absence from duty by an employee during his or her regular or normal hours of work;

"membership dues" (cotisations syndicales) means the dues established pursuant to the constitution of the Alliance as the dues payable by its members as a consequence of their membership in the Alliance, and shall not include any initiation fee, insurance premium, or special levy;

"overtime" (heures supplémentaires) means:

(a) in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work

or

(b) in the case of a part-time employee, authorized work in excess of the normal daily or weekly hours of work, specified for the relevant group or sub-group, of a full-time employee, but does not include time worked on a holiday

or

(c) in the case of a part-time employee whose normal scheduled hours of work are in excess of the normal daily hours of work specified for the relevant group or sub-group, in accordance with the Variable Hours article (Article 39), authorized work in excess of those normal scheduled daily hours or in excess of the average of weekly hours of work, specified for the relevant group or sub-group.

"physical education instructors" (moniteurs d'éducation physique) are employees who teach or instruct physical education and whose duties are not eligible for inclusion in any other group;

"spouse" (époux) will, when required, be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directives;

"straight-time rate" (tarif normal) means the employee's hourly rate of pay;

"teacher" (professeur) includes classroom teachers, senior teachers, department heads, assistant principals, principals and, in the Correctional Service of Canada, supervisors of education;

"teachers' aides" (aides-enseignants) are employees who instruct in classrooms or act as kindergarden assistants, classroom assistants and counsellor technicians;

"time and one-half" (tarif et demi) means one and one-half (1 1/2) times the employee's hourly rate of pay;

"weekly rate of pay" (taux de rémunération hebdomadaire) means an employee's annual rate of pay divided by 52.176;

"weekly rate of pay" (taux de rémunération hebdomadaire) for the employees in the Education (ED) and Educational Support (EU) groups, means:

(a) in the case of an employee working a school year, as defined in clause 45.01, the employee's daily rate of pay multiplied by five (5);

and

(b) in the case of an employee on a twelve (12) month work year, the employee's annual rate of pay, plus allowances (if any) divided by fifty-two decimal one seven six (52.176).

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:

(a) 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

(b) if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article 3
Application

3.01 The provisions of this Agreement apply to the Alliance, employees and the Employer.

3.02 Both the English and French texts of this Agreement shall be official.

Article 4
State Security

4.01 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.

Article 5
Precedence of Legislation
and the Collective Agreement

5.01 In the event that any law passed by Parliament, applying to public service employees covered by this agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of the Agreement.

Article 6
Managerial Responsibilities

6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the public service.

Article 7
Recognition

7.01 The employer recognizes the Alliance as the exclusive bargaining agent for all employees of the Employer described in the certificate issued by the former Public Service Staff Relations Board on June 7, 1999 covering employees in the Education and Library Science Group.

Article 8
Employee Representatives

8.01 The Employer acknowledges the right of the Alliance to appoint or otherwise select employees as representatives.

8.02 The Alliance and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of the organization, the number and distribution of employees at the workplace 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.

8.03 The Alliance shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 8.02.

8.04

(a) A representative shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to his or her supervisor before resuming his or her normal duties.

(b) Where practicable, when management requests the presence of an Alliance representative at a meeting, such request will be communicated to the employee's supervisor.

(c) An employee shall not suffer any loss of pay when permitted to leave his or her work under paragraph (a).

8.05 The Alliance shall have the opportunity to have an employee representative introduced to new employees as part of the Employer's formal orientation programs, where they exist.

Article 9
Use of Employer Facilities

9.01 Reasonable space on bulletin boards in convenient locations, including electronic bulletin board where available, will be made available to the Alliance for the posting of official Alliance notices. The Alliance shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices related to the business affairs of the Alliance, including the names of Alliance representatives, and social and recreational events. Such approval shall not be unreasonably withheld.

9.02 The Employer will also continue its present practice of making available to the Alliance specific locations on its premises and, where it is practical to do so on vessels, for the placement of reasonable quantities of literature of the Alliance.

9.03 A duly accredited representative of the Alliance may be permitted access to the Employer's premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer. In the case of access to vessels, the Alliance representative upon boarding any vessel must report to the Master, state his or her business and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and normal operation of the vessels.

9.04 The Alliance shall provide the Employer with a list of such Alliance representatives and shall advise promptly of any change made to the list.

Article 10
Check-Off

10.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees. Where an employee does not have sufficient earnings in respect of any month to permit deductions made under this Article, the Employer shall not be obligated to make such deduction from subsequent salary.

10.02 The Alliance shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee.

10.03 For the purpose of applying clause 10.01, deductions from pay for each employee in respect of each calendar month will start with the first (1^st) full calendar month of employment to the extent that earnings are available.

**

10.04 An employee who satisfies the Alliance as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved. The Alliance will inform the Employer accordingly.

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

10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Comptroller of the Alliance 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 the employee's behalf.

10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

10.08 The Alliance agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Employer limited to the amount actually involved in the error.

Article 11
Information

11.01 The Employer agrees to supply the Alliance each quarter with the name, geographic location and classification of each new employee.

11.02 The Employer agrees to supply each employee with a copy of this Agreement and will endeavour to do so within one (1) month after receipt from the printer.

Article 12
Labour Disputes

12.01 If employees are prevented from performing their duties because of a strike or lockout 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.

Article 13
Restriction on Outside Employment

13.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

Article 14
Leave With or Without Pay
for Alliance Business

**

Complaints Made to the Public Service Labour Relations Board Pursuant to Section 190(1) of the Public Service Labour Relations Act

**

14.01 When operational requirements permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190(1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA, the Employer will grant leave with pay:

(a) to an employee who makes a complaint on his or her own behalf, before the Public Service Labour Relations Board,

and

(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Alliance making a complaint.

Applications for Certification, Representations and Interventions With Respect to Applications for Certification

14.02 When operational requirements permit, the Employer will grant leave without pay:

(a) to an employee who represents the Alliance in an application for certification or in an intervention,

and

(b) to an employee who makes personal representations with respect to a certification.

14.03 The Employer will grant leave with pay:

(a) to an employee called as a witness by the Public Service Labour Relations Board,

and

(b) when operational requirements permit, to an employee called as a witness by an employee or the Alliance.

Arbitration Board Hearings, Public Interest Commission Hearings and Alternate Dispute Resolution Process

14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Alliance before an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process.

14.05 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Alliance.

Adjudication

14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:

(a) a party to the adjudication,

(b) the representative of an employee who is a party to an adjudication,

and

(c) a witness called by an employee who is a party to an adjudication.

Meetings During the Grievance Process

14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of his or her grievance, the Employer will, where operational requirements permit, give him or her reasonable leave with pay for this purpose when the discussion takes place in his or her headquarters area and reasonable leave without pay when it takes place outside his or her headquarters area.

14.08 Subject to operational requirements,

(a) when the Employer originates a meeting with a grievor in his or her headquarters area, he or she will be granted leave with pay and "on duty" status when the meeting is held outside the grievor's headquarters area;

(b) when a grievor seeks to meet with the Employer, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area;

(c) when an employee representative attends a meeting referred to in this clause, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area.

Contract Negotiation Meetings

14.09 When operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Alliance.

Preparatory Contract Negotiation Meetings

14.10 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.

Meetings Between the Alliance and Management Not Otherwise Specified in This Article

14.11 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Alliance.

14.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings of the Board of Directors of the Alliance, meetings of the National Executive of the Components, Executive Board meetings of the Alliance, and conventions of the Alliance, the Components, the Canadian Labour Congress, and the Territorial and Provincial Federations of Labour.

Representatives' Training Courses

14.13 When operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Alliance to undertake training related to the duties of a representative.

Article 15
Illegal Strikes

**

15.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment pursuant to paragraph 12(1)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Public Service Labour Relations Act.

Article 16
No Discrimination

16.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Alliance, marital status or a conviction for which a pardon has been granted.

16.02

(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

16.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.

16.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information and Privacy Act.

Article 17
Sexual Harassment

17.01 The Alliance and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the workplace.

17.02

(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.

(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

17.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.

17.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information and Privacy Act.

Article 18
Leave General

18.01

(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to seven decimal five (7.5) hours.

(b) Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day.

(c) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.

(d) Notwithstanding the above, in clause 22.02, "Bereavement Leave with Pay," a "day" will mean a calendar day.

18.02 An employee is entitled, once in each fiscal year, to be informed upon request of the balance of his or her vacation and sick leave credits.

18.03 The amount of leave with pay earned but unused 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.

18.04 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

18.05 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that is to say, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains his or her entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force on the day that this Agreement is signed.

18.06 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.

18.07 In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

18.08 An employee shall not earn leave credits under this Collective agreement in any month for which leave has already been credited to him or her under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.

Article 19
Sick Leave With Pay

19.01 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.

For the purpose of clause 19.01, an employee working a school year as defined in this Agreement is deemed to have received pay for at least seventy-five (75) hours per month during the summer break period, provided the employee continues in the employment of the Employer in the following school year.

19.02 An employee shall be granted sick leave with pay when he or she is unable to perform his or her duties because of illness or injury, provided that:

(a) he or she satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer

and

(b) he or she has the necessary sick leave credits.

19.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that, because of illness or injury, he or she was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 19.02(a).

19.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 19.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

19.05 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.

19.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.

19.07 Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of lay-off and who is reappointed in the public service within two (2) years from the date of lay-off.

19.08 The Employer agrees that an employee terminated for cause for reasons of incapacity pursuant to section 12(1)(e) of the Financial Administration Act by reason of ill health shall not be released at a date earlier than the date on which the employee will have used his or her accumulated sick leave credits.

Article 20
Vacation Leave With Pay

20.01

(a) The vacation year, for an employee on a twelve (12) month work year, shall be from April 1 to March 31of the following calendar year, inclusively.

(b) Employees must normally take all of their annual leave during the vacation year in which it is earned.

Accumulation of Vacation Leave Credits

20.02 For each calendar month in which an employee has earned at least seventy-five (75) hours' pay, the employee shall earn vacation leave credits at the rate of:

(a)  nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee's eighth (8^th) year of service occurs if the employee is in the ED or EU Groups;

or

nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee's seventh (7^th) year of service occurs if the employee is in the LS Group;

(b) twelve decimal five (12.5) hours commencing with the month in which the employee's eighth (8^th) anniversary of service occurs if the employee is in the ED or EU Groups;

or

twelve decimal five (12.5) hours commencing with the month in which the employee's seventh (7^th) anniversary of service occurs if the employee is in the LS Group;

(c) thirteen decimal seven five (13.75) hours commencing with the month in which the employee's sixteenth (16^th) anniversary of service occurs;

(d) fourteen decimal four (14.4) hours commencing with the month in which the employee's seventeenth (17^th) anniversary of service occurs;

(e) fifteen decimal six two five (15.625) hours commencing with the month in which the employee's eighteenth (18^th) anniversary of service occurs;

(f) sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee's twenty-seventh (27^th) anniversary of service occurs;

(g) eighteen decimal seven five (18.75) hours commencing with the month in which the employee's twenty-eighth (28^th) anniversary of service occurs.

20.03

(a) For the purpose of clause 20.02 only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the public service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the public service within one year following the date of lay-off.

(b) Notwithstanding (a) above, an employee who was a member of the bargaining unit on the date of signing of the Collective agreement May 17 or 18 or 19, 1989 or an employee who became a member of the bargaining unit between the date of signing of the Collective agreement - May 17 or 18, or 19, 1989 and May 31, 1990, shall retain, for the purposes of "service" and of establishing his or her vacation entitlement pursuant to this Article, those periods of former service which had previously qualified to count as continuous employment, until such time as his or her employment in the public service is terminated.

Entitlement to Vacation Leave With Pay

20.04 An employee is entitled to vacation leave with pay to the extent of the employee's earned credits but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.

Scheduling of Vacation Leave With Pay

Clause ED-20.05 applies only to the ED Group:

ED - 20.05 Granting of Vacation Leave With Pay

In scheduling vacation leave with pay, the Employer shall, subject to the operational requirements of the service, make every reasonable effort:

(a) to grant the employee his or her vacation leave during the fiscal year in which it is earned and in a manner acceptable to the employee, if so requested by the employee prior to March 31, for periods of leave which extend between May 1 and October 31 and if so requested by the employee prior to October 1, for periods of leave which extend between November 1 and April 30;

(b) to grant an employee vacation leave when specified by the employee if:

(c) The Employer may for good and sufficient reason grant vacation leave on shorter notice than that provided for in (b).

Clause LS/EU-20.05 applies to the LS Group and EU Group only:

LS/EU - 20.05

(a) Employees are expected to take all of their vacation leave during the vacation year in which it is earned.

(b) In order to maintain operational requirements, the Employer reserves the right to schedule employee's vacation leave but shall make every reasonable effort to provide an employee's vacation in an amount and at such time as the employee may request.

20.06 The Employer shall give an employee as much notice as is practicable and reasonable of approval, rejection or cancellation of a request for vacation leave with pay. In the case of rejection or cancellation of such leave, the Employer shall give the written reason therefore upon written request from the employee.

20.07 Where, in respect of any period of vacation leave with pay, an employee is granted:

(a) bereavement leave with pay,

or

(b) leave with pay because of illness in the immediate family,

or

(c) sick leave on production of a medical certificate,

the period of vacation leave with pay 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.

20.08

(a) The leave entitlement for the current vacation year shall be used first.

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(b) Where in any vacation year an employee has not been granted all of the annual leave credited to him or her, the unused portion of annual leave shall be carried over into the following year, except that the unused portion of annual leave in excess of two hundred and sixty-two decimal five (262.5) hours shall be automatically converted into cash, by multiplying the number of days to which the excess leave credits correspond by the daily rate of pay applicable to the classification prescribed in the employee's certificate of employment of his or her substantive position in effect on the last day of the preceding fiscal year.

(c) Notwithstanding paragraph (b), 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 and twelve decimal five (112.5) hours may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's substantive position on March 31 of the previous vacation year.

(d) When in a vacation year an employee has applied for vacation leave with pay, in accordance with clause ED 20.05 or LS/EU 20.05, and has not been granted all the leave requested, the portion of the yearly entitlement of leave that was not granted should be rescheduled by mutual agreement into the next vacation year. Such mutual agreement shall not be unreasonably withheld.

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(e) While vacation leave credits shall normally not exceed two hundred and sixty-two decimal five (262.5) hours in excess of the current year entitlement, an employee may request, in exceptional circumstances, to carry over additional vacation leave credits for specific purposes. Such request shall include the duration and purpose of the carry-over.

Recall From Vacation Leave With Pay

20.09

(a) The Employer will make every reasonable effort not to recall an employee to duty after the employee has proceeded on vacation leave with pay.

(b) When during any period of vacation leave with pay, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:

after submitting such accounts as are normally required by the Employer.

(c) The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under paragraph 20.09(b) to be reimbursed for reasonable expenses incurred by the employee.

Leave When Employment Terminates

20.10 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave with pay to the employee's credit by the daily rate of pay applicable immediately prior to the termination of the employee's employment. However, where the employee requests, the Employer shall grant the employee any vacation leave earned but not used by the employee before the employment is terminated by lay-off because of a requirement to meet minimum continuous employment requirements for severance pay.

20.11 Notwithstanding clause 20.10, an employee whose employment is terminated by reason of a declaration of abandonment of position is entitled to receive the payment referred to in clause 20.10, if the employee requests it within six (6) months following the date of termination of employment.

Advance Payments

20.12

(a) The Employer agrees to issue advance payments of estimated net salary for 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 payday before the employee's vacation period commences.

(b) Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation 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

20.13 When the Employer cancels or alters a period of vacation leave which it had 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.

Appointment to a Separate Employer

20.14 Notwithstanding clause 20.10, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.

Appointment from a Separate Employer

20.15 The Employer agrees to accept the unused vacation leave credits up to a maximum of two hundred and sixty two decimal five (262.5) hours of an employee who resigns from an organization listed in Schedule V of the Financial Administration Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

Summer Leave for the ED-LAT Subgroup of ED (Twelve (12) Month Work Year)

20.16 Employees shall be granted leave without pay during the months of May, June, July, August and September provided a request for such leave is received in writing by the Employer on or before March 15 in each year and provided that leave without pay immediately follows the annual leave. At the departmental level, the total number of requests for leave without pay, spread over the aforementioned five (5) months shall not exceed four per cent (4%) of the employees subject to this clause. The total number of weeks of leave with pay earned by the employee together with the total number of weeks of leave without pay granted to the employee shall not exceed ten (10) weeks. The period of leave of absence without pay shall be considered as time worked for the purpose of accruing leave credits provided that the employee continues in the employment of the Employer in the month immediately following the employee's return to work.

Exclusion

Employees in the ED-EST subgroup and EU Group who work a ten (10) month work year are excluded from the provisions of paragraph 20.17.

20.17

(a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1^st) day of the month following the employee's second (2^nd) anniversary of service, as defined in clause 20.03.

(b) The vacation leave credits provided in clause 20.17(a) above shall be excluded from the application of paragraph 20.08 dealing with the carry-over and/or liquidation of vacation leave.

Article 21
Designated Paid Holidays

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Exclusion

Employees in the ED-EST subgroup of the Education Group and in the EU group who work the school year as defined in paragraph 44.01(a) are excluded from the provisions of this Article.

21.01 Subject to clause 21.02, the following days shall be designated paid holidays for employees:

(a) New Year's Day,

(b) Good Friday,

(c) Easter Monday,

(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,

(e) Canada Day,

(f) Labour Day,

(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

(h) Remembrance Day,

(i) Christmas Day,

(j) Boxing Day,

(k) 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 additional day is recognized as a provincial or civic holiday, the first Monday in August,

(l) one additional day when proclaimed by an Act of Parliament as a national holiday.

21.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 14, Leave With or Without Pay For Alliance Business.

21.03 When a day designated as a holiday under clause 21.01 coincides with an employee's day of rest, the holiday shall be moved to the first (1^st) scheduled working day following the employee's day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.

When two (2) days designated as holidays under clause 21.01 coincide with an employee's consecutive days of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

21.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 21.03:

(a) work performed by an employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest;

and

(b) work performed by an employee on the day to which the holiday was moved shall be considered as work performed on a holiday.

21.05 When an employee works on a holiday, he or she shall be paid:

(a) time and one half (1 1/2) for all hours worked up to seven decimal five (7.5) hours and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday;

or

(b) upon request, and with the approval of the Employer, the employee may be granted:

(c)

21.06 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:

(a) compensation in accordance with the provisions of clause 21.05;

or

(b) three (3) hours' pay at the applicable overtime rate of pay.

21.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

21.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

21.09 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.

Article 22
Other Leave With or Without Pay

22.01 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 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.

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22.02 Bereavement Leave With Pay

(a) When a member of the employee's family dies, an employee shall be entitled to a bereavement period of five (5) 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 regular-scheduled days of rest for the 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.

(b) An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.

(c) If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under paragraphs (a) and (b), the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

(d) 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 and/or in a different manner than that provided for in paragraphs (a) and (b).

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22.03 Maternity Leave Without Pay

(a) 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.

(b) Notwithstanding paragraph (a):

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 while the employee was not on maternity leave, to a maximum of eighteen (18) weeks.

(c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

(d) The Employer may require an employee to submit a medical certificate certifying pregnancy.

(e) An employee who has not commenced maternity leave without pay may elect to:

(f) 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 before 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.

(g) 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.

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22.04 Maternity Allowance

(a) 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:

(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).

(c) Maternity allowance payments made in accordance with the Supplemental Unemployment Benefit Plan will consist of the following:

(d) At the employee's request, the payment referred to in subparagraph 22.04(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance maternity or Québec Parental Insurance Plan benefits.

(e) 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

(f) The weekly rate of pay referred to in paragraph (c) shall be:

(g) 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.

(h) 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.

(i) Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

(j) Maternity allowance payments made under the Supplemental Unemployment Benefit Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

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22.05 Special Maternity Allowance for Totally Disabled Employees

(a) An employee who:

shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (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 the Government Employees Compensation Act.

(b) An employee shall be paid an allowance under this clause and under clause 22.04 for a combined period of no more than the number of weeks while she would have been eligible for maternity benefits under the Employment Insurance or 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 (a)(i).

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22.06 Parental Leave Without Pay

(a) Where an employee has or will have the actual care and custody of a newborn child (including the newborn 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.

(b) 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 (52) week period beginning on the day on which the child comes into the employee's care.

(c) Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in paragraphs (a) and (b) above may be taken in two periods.

(d) Notwithstanding paragraphs (a) and (b):

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 while 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.

(e) An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before the commencement date of such leave.

(f) The Employer may:

(g) 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.

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22.07 Parental Allowance

(a) 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:

(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).

(c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(d) At the employee's request, the payment referred to in subparagraph 22.07(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.

(e) 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 Quebec.

(f) The weekly rate of pay referred to in paragraph (c) shall be:

(g) 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.

(h) 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.

(i) Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.

(j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

(k) 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.

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22.08 Special Parental Allowance for Totally Disabled Employees

(a) An employee who:

(b) An employee shall be paid an allowance under this clause and under clause 22.07 for a combined period of no more than the number of weeks while 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 (a)(i).

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22.09 Leave Without Pay for the Care of Family

(a) Both parties recognize the importance of access to leave for the purpose of the care of family.

(b) An employee shall be granted leave without pay for the care of family in accordance with the following conditions:

22.11 Leave Without Pay for Personal Needs

Leave without pay will be granted for personal needs in the following manner:

(a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;

(b) subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs;

(c) an employee is entitled to leave without pay for personal needs only once under each of paragraphs (a) and (b) 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;

(d) 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 "service" for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes;

(e) 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 "service" for the purpose of calculating vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.

22.12 Leave Without Pay for Relocation of Spouse

(a) At the request of an employee, leave without pay for a period of 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.

(b) Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating 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.

22.13 Leave with Pay for Family-Related Responsibilities

(a) For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), children (including foster children and children of spouse or common-law partner), parents (including step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.

(b) The total leave with pay which may be granted under this clause shall not exceed thirty seven decimal five (37.5) hours in a fiscal year.

(c) Subject to paragraph (b), the Employer shall grant leave with pay under the following circumstances:

(d) Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under sub-paragraph (c)(ii) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

22.14 Court Leave

The Employer shall grant leave with pay to an employee for the period of time he or she is required:

(a) to be available for jury selection;

(b) to serve on a jury;

(c) by subpoena or summons to attend as a witness in any proceeding held:

22.15 Injury-On-Duty Leave

An employee shall be granted injury-on-duty leave with pay for such period as may be reasonably 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:

(a) personal injury accidentally received in the performance of his or her duties and not caused by the employee's wilful misconduct,

or

(b) 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 of Canada any amount received by him or her 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.

22.16 Personnel Selection Leave

Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as defined in the Public Service Labour Relations Act, the employee is entitled to leave 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 his or her presence is so required.

22.17 Leave With or Without Pay for Other Reasons

(a) At its discretion, the Employer may grant:

(b) 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.

Article 23
Education Leave Without Pay and
Career Development Leave

Clause 23.01 to 23.12 Inclusively Apply only to the Employees in the Education (ED) Group and Educational Support (EU) Group

Education Leave

23.01 For the purposes of clause 23.02 to 23.11, the Employer will normally consider once per year the applications for education leave, when the courses begin after June 1 of the current year and end no later than June 30 of the following year.

23.02 The Employer recognizes the usefulness of education leave and will grant such leave to employees for varying periods of up to one (1) year which can be renewed by mutual agreement in order to permit them to acquire additional or special training in some field of education in which special preparation is needed to enable the applicant to fill his or her present role more adequately in order to permit the employee to undertake studies in some field in which training is needed in order to provide a service which the Employer requires or is planning to provide.

**

23.03 Applications for education leave must normally be submitted to the Employer by April 1 of the previous school year. All applications must be accompanied by a statement outlining the field of study, the program to be followed and the value of the leave to the employee and to the Employer.

**

23.04 Education leave shall be granted to the maximum possible number of employees who make application for such leave, but in any case shall be not less than one per cent (1%) of the total number of person-years in the respective subgroup as determined on April 1of each year.

The criteria for selection proposed by the Employer, as well as the method of communication, are submitted to the appropriate Alliance representative for consultation purposes, as provided for in Article 35. Subsequent to such consultation, the Employer chooses the selection of criteria and method of communication, which will be used and provides a copy of these to the appropriate Alliance representative.

All applications for education leave will be reviewed by the Employer, and a list of the applications received, indicating the names of the applicants to whom the Employer grants the leave, shall be provided to the appropriate Alliance representative. The employee will then be advised in writing on or before May 1whether his or her application has been accepted or rejected.

23.05 An employee on education leave shall receive allowances in lieu of salary equivalent to from fifty per cent (50%) to one hundred per cent (100%) of basic salary.

23.06 For the purpose of calculating the education leave allowance, the term "basic salary" shall include any compensation and allowance set out in the collective agreement already paid to an employee.

23.07 Allowances already being received by the employee but not provided for in this collective agreement may, at the discretion of the Employer, be continued during the period of education leave and the employee shall be notified when the leave is approved, whether such allowances are to be continued in whole or in part.

23.08 As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to commencement of the leave to return to the service of the Employer for a period at least equal to the period of the leave granted.

If the employee:

(a) fails to complete the approved program of studies;

(b) does not resume employment with the Employer following completion of the program;

or

(c) ceases to be employed before termination of the period he or she has undertaken to serve after completion of the program,

the employee shall repay the Employer all allowances paid to him or her during the education leave or such lesser sum as shall be determined by the Employer.

23.09 The employee shall be returned to a position at a basic salary level not lower than the position encumbered immediately prior to the commencement of the leave.

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Professional Development

The parties recognize that in order to maintain and enhance professional expertise, employees need to have opportunities to attend and participate in professional development activities described in clause 23.10.

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23.10

(a) Professional development refers to an activity which in the opinion of the Employer, is likely to be of assistance to the individual in furthering his or her professional development and to the organization in achieving its goals. The following activities shall be deemed to be part of professional development:

(b) The Employer shall communicate to employees the process for accessing the learning opportunities identified in paragraph 23.10(a).

(c) Where an employee has submitted an application for professional development leave in one of the activities described in paragraph 23.10(a) above and has been selected by the Employer, the employee shall continue to receive his or her normal salary plus any allowances that apply, in addition to any increments to which the employee may be entitled. The employee shall receive no pay under Articles 27 and 48 during time spent on professional development leave provided for in this clause.

(d) Employees taking professional development training shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

(e) Once the Employer has selected an employee for professional development leave, according to subparagraphs 23.10(a)(ii), (iii), (iv) above, the Employer shall consult with the employee to determine the institution where the work or study program concerned will be undertaken and the duration of the program.

23.11 Examination Leave

Leave of absence with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee's scheduled hours of work. Such leave of absence will be granted only when the course of study is directly related to the employee's duties or will improve his or her professional qualifications.

23.12 Attendance at Courses at the Request of the Employer

If an employee attends a course at the request of the Employer, the employee shall be considered as being on duty and his or her pay and allowances shall be determined accordingly.

Clauses 23.13 to 23.16 Inclusively Apply Only to the Employees of the Library Science (LS) Group.

23.13 Education Leave

(a) An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of education in which special preparation is needed to enable the employee to fill his or her present role more adequately, or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.

(b) An employee on education leave, under this clause, shall receive allowances in lieu of salary equivalent to not less than fifty per cent (50%) and up to one hundred per cent (100%) of his or her basic salary, provided that, when the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

(c) Any allowance already being received by the employee and not part of his or her basic salary shall not be used in the calculation of the education leave allowance.

(d) Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave and the employee shall be notified when the leave is approved, whether such allowances are to be continued in whole or in part.

(e) As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee, except with the permission of the Employer,

the employee shall repay the Employer all allowances paid to him or her under this clause during the education leave or such lesser sum as shall be determined by the Employer.

(f) The Employer will endeavour to return the employee to a position at a basic salary level not lower than the position he or she encumbered immediately prior to the commencement of the education leave.

23.14 Attendance at Conferences and Conventions

(a) In order that each employee shall have the opportunity for an exchange of knowledge and experience with his or her professional colleagues, the employee shall have the right to apply to attend a reasonable number of conferences or conventions related to his or her field of specialization. The Employer may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings, subject to budgetary and operational constraints as determined by the Employer.

(b) An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, on travel status.

(c) An employee invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to his or her field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his or her payment of registration fees and reasonable travel expenses.

(d) An employee shall not be entitled to any compensation under Articles 27 and 48 in respect of hours he or she is in attendance at or travelling to or from a conference or convention, under the provisions of this clause, except as may be provided in paragraph 23.16(b).

23.15 Professional Development

(a) The parties to this agreement share a desire to improve professional standards by giving employees the opportunity, on occasion:

(b) An employee may apply at any time for professional development under this clause and the Employer may select an employee at any time for such professional development.

(c) When an employee is selected by the Employer for professional development under this clause, the Employer will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.

(d) An employee selected for professional development, under this clause, will continue to receive his or her normal compensation, including any increase for which the employee may become eligible. The employee shall not be entitled to any compensation under Articles 27 and 48 while on professional development under this clause.

(e) An employee on professional development, under this clause, may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

23.16 Examination Leave

Leave of absence with pay to write examinations may be granted by the Employer to an employee who is not on educational leave. Such leave will be granted only when, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his or her qualifications.

23.17 Departmental Continuous Learning Consultation Committee

(a) The parties to this collective agreement acknowledge the mutual benefits to be derived from consultation on Continuous Learning. To this effect, the parties agree that such consultation will be held at the departmental level either through the existing Joint Consultation Committee or through the creation of a Departmental Continuous Learning Consultation Committee. A consultation committee as determined by the parties may be established at the local, regional or national level.

(b) The Departmental Consultation Committee shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.

(c) Employees forming the continuing membership of the Departmental Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.

(d) The Employer recognizes the use of such committees for the purpose of providing information, discussing the application of policy, promoting understanding and reviewing problems.

(e) It is understood that no commitment may be made by either Party on a subject that is not within its authority or jurisdiction, nor shall any commitment made be so construed as to alter, amend, add to or modify the terms of this Agreement.

Article 24
Severance Pay

24.01 Under the following circumstances and subject to clause 24.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.

(a) Lay-off

(b) Resignation

On resignation, subject to paragraph 24.01(d) 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.

(c) Rejection on Probation

On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay.

(d) Retirement

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.

(e) Death

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.

(f) Termination for Cause for Reasons of Incapacity or Incompetence

24.02 The period of continuous employment used in the calculation of 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 clause 24.01 be pyramided.

24.03 Appointment to a Separate Agency Organization

Notwithstanding paragraph 24.01(b), an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid severance pay provided that the appointing organization will accept the employee's Schedules I and IV of the Financial Administration Act service for its severance pay entitlement.

Article 25
Penological Factor Allowance

General

25.01 A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit which are in the Correctional Service Canada, subject to the following conditions.

25.02 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group.

25.03 The payment of the allowance for the Penological Factor is determined by the designated security level of the penitentiary as determined by the Correctional Service of Canada. For those institutions with more than one (1) designated security level (i.e. multi-level institutions), the PFA shall be determined by the highest security level of the institution.

Amount of PFA

25.04

Penological Factor
Designated Security Level of the Penitentiary

Maximum	Medium	Minimum
$2,000	$1,000	$600

Application of PFA

25.05 The Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 25.02 above are applicable.

25.06 The applicability of PFA to a position and the position's level of PFA entitlement shall be determined by the Employer following consultation with the bargaining agent.

25.07 Except as prescribed in clause 25.10 below, an employee shall be entitled to receive PFA for any month in which he or she receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.

25.08 Except as provided in clause 25.09 below, PFA shall be adjusted when the incumbent of a position to which PFA applies is appointed or assigned duties in another position to which a different level of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one position to which PFA applies, the employee shall receive the higher allowance, provided he or she has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.

25.09 When the incumbent of a position to which PFA applies is temporarily assigned a position to which a different level of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to which he or she is temporarily assigned, plus PFA, if applicable, would be less than his or her basic monthly pay entitlement plus PFA in his or her regular position, the employee shall receive the PFA applicable to his or her regular position.

25.10 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his or her regular position:

(a) during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,

or

(b) during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.

25.11 The PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:

Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations

25.12 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.

Article 26
Pay Administration

26.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

26.02 An employee is entitled to be paid for services rendered at:

(a) 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

(b) 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.

26.03

(a) The rates of pay set forth in Appendix "A" shall become effective on the dates specified.

(b) 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:

26.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first and the resulting rate shall be revised in accordance with the pay revision.

26.05 This article is subject to the Memorandum of Understanding signed by the Employer and the Alliance dated February 9, 1982, in respect of red-circled employees.

26.06 If, during the term of this Agreement, a new classification standard for the group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Alliance the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

26.07

(a) When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least three (3) consecutive working days, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.

(b) When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

26.08 When the regular payday for an employee falls on his or her day of rest, every effort shall be made to issue his or her cheque on his or her last working day, provided it is available at his or her regular place of work.

Article 27
Travelling Time

27.01 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.

27.02 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clause 27.03 and 27.04. Travelling time shall include time necessarily spent at each stopover en route provided such stop-over is not longer than three (3) hours.

27.03 For the purposes of clause 27.02 and 27.04, the travelling time for which an employee shall be compensated is as follows:

(a) For travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer.

(b) For travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or workplace, as applicable, direct to the employee's destination and, upon the employee's return, direct back to the employee's residence or workplace.

(c) In the event that an alternative time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternative arrangements, in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

27.04 If an employee is required to travel as set forth in clauses 27.02 and 27.03:

(a) 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.

(b) on a normal working day on which the employee travels and works, the employee shall be paid:

(c) 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' pay at the straight-time rate of pay.

Travel time shall be compensated in cash, except where, upon request of an employee and with the approval of the Employer, travel time shall be compensated by leave with pay. The duration of such leave shall be equal to the travel time multiplied by the appropriate rate of payment and payment shall be based on the employee's hourly rate of pay in effect on the date immediately prior to the day on which the leave is taken. Compensatory leave outstanding at the end of a fiscal year shall be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment, on the last day of the fiscal year.

27.05 This Article does not apply to an employee when the employee travels by any type of transport in which he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:

(a) on a normal working day, his or her regular pay for the day;

or

(b) pay for actual hours worked in accordance with Article 21, Designated Paid Holidays and the overtime provisions of this Agreement.

27.06 Compensation under this Article shall not be paid for travel time to courses, training sessions, conferences and seminars, unless the employee is required to attend by the Employer.

Article 28
Call-Back Pay

28.01 If an employee is called back to work

(a) on a designated paid holiday which is not the employee's scheduled day of work;

or

(b) on the employee's day of rest;

or

(c) after the employee has completed his or her work for the day and has left his or her place of work, and returns to work, the employee shall be paid the greater of:

provided that the period worked by the employee is not contiguous to the employee's normal hours of work.

(d) The minimum payment referred to in subparagraph 28.01(c)(i) above does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with Article 38.11.

28.02 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

**

28.03 Call-Back Worked from a Remote Location

An employee who receives a call to duty or responds to a telephone or data line call while on standby or at any other time outside of his or her scheduled hours of work, 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:

(a) compensation at the applicable overtime rate for any time worked,

or

(b) 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 (8) hour period, starting when the employee first commences the work.

No Pyramiding of Payments

28.04 Payments provided under the Overtime, Reporting Pay, Designated Paid Holiday, Standby provisions and clause 28.01 above shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.

28.05 Compensatory Leave

Clause 48.07, 48.08 and 48.09 of the Overtime article (Article 48) apply to compensation earned according to subparagraph 28.01(c)(i) and paragraph 28.01(d).

28.06 Transportation expenses

(a) When an employee is required to report for work and reports under the conditions described in paragraphs 28.01(c) and (d), and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:

Article 29
Standby

29.01 Where the Employer requires an employee to be available on standby during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or part thereof for which the employee has been designated as being on standby duty.

29.02 An employee designated by letter or by list for standby duty shall be available during his or her period of standby at a known telephone number and be available to return for duty as quickly as possible if called. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.

29.03 No standby payment shall be granted if an employee is unable to report for duty when required.

29.04 An employee on standby who is required to report for work and reports shall be compensated in accordance with clauses 28.01(c), 28.01(d) and 28.04, and is also eligible for reimbursement of transportation expenses in accordance with clause 28.05.

29.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than an employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

No Pyramiding of Payments

29.06 Payments provided under the Overtime, Reporting Pay, Designated Paid Holidays, Call-Back Pay provisions and clause 29.04 above shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.

Article 30
Shift Premiums and Weekend Premiums

30.01 Shift Premium

A shift work employee whose hours of work are scheduled pursuant to clauses 44.04, 45.10 and 46.04 will receive a shift premium of one dollar and fifty cents ($1.50) per hour for all hours worked, including overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between 8:00 a.m. and 4:00 p.m.

30.02 Weekend Premium

An employee working on shifts during a weekend will receive an additional premium of one dollar and fifty cents ($1.50) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.

Article 31
Statement of Duties

31.01 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.

Article 32
Discipline

32.01 When an employee is suspended from duty or terminated in accordance with paragraph 12(1)(c) of the Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.

32.02 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 Alliance attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day's notice of such a meeting.

32.03 The Employer shall notify the local representative of the Alliance as soon as possible that such suspension or termination has occurred.

32.04 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.

32.05 Any document or written statement related 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 disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.

Article 33
Employee Performance Review
and Employee Files

33.01

(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment form will be provided to the employee at that time. An employee's signature on his or her assessment form will be considered to be an indication only that its contents have been read and shall not indicate the employee's concurrence with the statements contained in the form.

(b) The Employer's representative(s) who assess(es) an employee's performance must have observed or been aware of the employee's performance for at least one half (1/2) of the period for which the employee's performance is evaluated.

(c) An employee has the right to make written comments to be attached to the performance review form.

33.02

(a) Prior to an employee performance review, the employee shall be given:

(b) if during the employee performance review, either the form or instructions are changed, they shall be given to the employee.

33.03 Upon written request of an employee, the personnel file of that employee shall be made available once per year for his or her examination in the presence of an authorized representative of the Employer.

Article 34
Health and Safety

34.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Alliance, 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.

Article 35
Joint Consultation

Clauses 35.01 to 35.04 Inclusively Apply Only to the Library Science (LS) Group and Educational Support (EU) Group

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

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

35.03 Upon request of either Party, the Parties to this Agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

35.04 Without prejudice to the position the Employer or the Alliance may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the Parties.

Clauses 35.05 to 35.11 Inclusively Apply Only to the Education (ED) Group

Consultation Committees

35.05 To facilitate discussions on matters of mutual interest outside the terms of this collective agreement, the Employer recognizes the following Education Group committees of the Alliance for the purpose of consulting with management:

(a) with regard to the Elementary and Secondary Teaching subgroup, regional committees in each province but only one (1) for the Maritime provinces;

(b) the procedure regarding consultation with the Correctional Service of Canada will be established by mutual agreement between the two (2) parties;

(c) with regard to the Language Teaching subgroup, committees in each region and/or work unit determined by mutual agreement by the Canada School of Public Service Joint Departmental Committee. The procedure regarding consultation with the Department of National Defence will be established by mutual agreement between the two (2) Parties.

35.06 The Parties will consult for the purpose of providing information, discussing the application of policies, promoting understanding and reviewing problems.

35.07 The Employer agrees to inform and consult with the appropriate Alliance representatives on proposed changes which affect the majority of the employees in any work unit.

35.08 It is understood that no commitment may be made by either Party on a subject that is not within its authority or jurisdiction, nor shall any commitment made be so construed as to alter, amend, add to or modify the terms of this agreement.

35.09 Representation at such meetings will be limited to five (5) representatives from each Party, except that by mutual agreement of the parties, the number of representatives may be decreased or increased. It is agreed that meetings will be held at the request of either Party.

35.10 Committee meetings will normally be held on the Employer's premises at times to be determined by mutual agreement between the representatives of both sides. Representatives of the parties will normally exchange a written agenda for the meeting not less than five (5) calendar days in advance of the date of each meeting.

35.11 Full-time employees forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time, where applicable.

The Employer shall not be responsible for any travel or other expenses incurred by employees travelling or attending such consultation meetings with management.

Article 36
National Joint Council Agreements

**

36.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement, and which the parties to this Agreement have endorsed after December 6, 1978 will form part of this Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in subsection 113(b) of the PSLRA.

36.02 The NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairperson of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

**

36.03

(a) The following directives, as amended from time to time by the National Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Agreement:

Bilingualism Bonus Directive
Commuting Assistance Directive
First Aid to the General Public - Allowance for Employees
Foreign Service Directives
Isolated Posts and Government Housing Directive
Memorandum of Understanding on Definition of Spouse
Public Service Health Care Plan Directive
NJC Integrated Relocation Directive
Travel Directive
Uniforms Directive

Occupational Safety and Health

Occupational Safety and Health Directive
Committees and Representatives Directive
Motor Vehicle Operations Directive
Pesticides Directive
Refusal to Work Directive

(b) During the term of this Agreement, other directives may be added to the above noted list.

36.04 Grievances in regard to the above directives shall be filed in accordance with clause 37.01 of the article on grievance procedure in this Agreement.

**Article 37
Grievance Procedure

37.01 In cases of alleged misinterpretation or misapplication arising out of Agreements concluded by the National Joint Council of the Public Service on items that may be included in a collective agreement and that the Parties to this Agreement have endorsed, the grievance procedure will be in accordance with Section 15 of the NJC by-laws.

Individual Grievances

37.02 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:

(a) by the interpretation or application, in respect of the employee, of:

(b) as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Group Grievances

37.03 Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Alliance may present a group grievance to the Employer 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 the collective agreement or an arbitral award.

(a) In order to present a group grievance, the Alliance must first obtain the written consent of each of the employees concerned.

(b) A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.

(c) A group grievance must relate to employees in a single portion of the Federal Public Administration.

Policy Grievances

37.04 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Alliance or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award.

(a)  A policy grievance may be presented by the Alliance only at the final level of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Alliance of the name, title and address of this representative.

(b) The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Alliance. The Alliance shall inform the Employer of the name, title and address of this representative.

Grievance Procedure

37.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Alliance.

37.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.

37.07 The parties recognize the value of informal discussion between employees and their supervisors and between the Alliance and the Employer to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee or the Alliance, within the time limits prescribed in clause 37.15, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

37.08 A grievor wishing 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:

(a)  forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,

and

(b)  provide the grievor with a receipt stating the date on which the grievance was received.

37.09 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.

37.10 Subject to and as provided for in the Public Service Labour Relations Act, a grievor who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 37.08, except that:

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

and

(b)  where the grievance relates to the interpretation or application of this collective agreement or an arbitral award, an employee is not entitled to present the grievance unless he has the approval of and is represented by the Alliance.

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

(a)  Level 1 - first level of management;

(b)  Levels 2 and 3 in departments or agencies where such a levels are established - intermediate level(s);

(c)  Final Level - Chief Executive or Deputy Head or an authorized representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.

No employer representative may hear the same grievance at more than one level in the grievance procedure.

37.12 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 name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

37.13 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 Alliance.

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

37.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 37.08, not later than the twenty-fifth (25th) day after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. The Employer may present a policy grievance in the manner prescribed in clause 37.04 not later than the twenty-fifth (25th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.

37.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:

(a)  where the decision or settlement is not satisfactory to the grievor, within ten (10) days after that decision or settlement has been conveyed in writing to the grievor by the Employer,

or

(b)  where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 37.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

37.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within thirty (30) days. The Alliance shall normally reply to a policy grievance presented by the Employer within thirty (30) days.

37.18 Where an employee has been represented by the Alliance in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Alliance 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.

37.19 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

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

37.21 Where the provisions of clause 37.08 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 the 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.

37.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Alliance representative.

37.23 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 grievor, and, where applicable, the Alliance.

37.24 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 .shall be presented at the final level only.

37.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.

37.26 Any grievor 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 the grievor's control, the grievor was unable to comply with the prescribed time limits.

37.27 Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:

(a)  the interpretation or application of a provision of this collective agreement or related arbitral award,

or

(b)  termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,

or

(c)  disciplinary action resulting in suspension or financial penalty,

and the grievance has not been dealt with to the grievor's satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

37.28 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of the employee of a provision of this Agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Alliance signifies:

(a)  its approval of the reference of the grievance to adjudication,

and

(b)  its willingness to represent the employee in the adjudication proceedings.

Expedited Adjudication

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

(a)  At the request of either party, a grievance that has been referred to adjudication may be dealt with through Expedited Adjudication with the consent of both parties.

(b)  When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Alliance will submit to the PSLRB the consent form signed by the grievor or the bargaining agent.

(c)  The parties may proceed with or without an Agreed Statement of Facts. When the parties arrive at an Agreed Statement of Facts it will be submitted to the PSLRB or to the Adjudicator at the hearing.

(d)  No witnesses will testify.

(e)  The Adjudicator will be appointed by the PSLRB from among its members who have had at least three (3) years experience as a member of the Board.

(f)  Each Expedited Adjudication session will take place in Ottawa, unless the parties and the PSLRB agree otherwise. The cases will be scheduled jointly by the parties and the PSLRB, and will appear on the PSLRB schedule.

(g)  The Adjudicator will make an oral determination at the hearing, which will be recorded and initialled by the representatives of the parties. This will be confirmed in a written determination to be issued by the Adjudicator within five (5) days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a particular case.

(h)  The Adjudicator's determination will be final and binding on all the parties, but will not constitute a precedent. The parties agree not to refer the determination to the Federal Court.

Article 38
Part-Time Employees

Definition

38.01 Part-time employee means a person whose normal hours of work are less than those established in the Hours of Work Article for the relevant group or subgroup, but not less than those prescribed in the Public Service Labour Relations Act.

General

38.02 Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal weekly hours of work compare with the normal weekly hours of work, specified for the relevant group or subgroup, of full-time employees unless otherwise specified in this Agreement.

38.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed up to the normal daily or weekly hours specified for the relevant group or subgroup for a full-time employee.

38.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked five (5) days and the weekly hours specified for the relevant group or subgroup.

38.05 Leave will only be provided:

(a) during those periods in which employees are scheduled to perform their duties;

or

(b) where it may displace other leave as prescribed by this Agreement.

Designated Holidays

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

38.07 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 21.01 of this Agreement, the employee shall be paid at time and one-half (1 1/2) of the straight-time rate of pay for all hours worked up to the regular daily scheduled hours of work for the relevant group or subgroup and double time (2T) thereafter.

38.08 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time employee in clause 21.01 shall be paid for the time actually worked in accordance with clause 38.07, or a minimum of four (4) hours' pay at the straight-time rate, whichever is greater.

Overtime

38.09

(a) Overtime means authorized work performed in excess of the normal daily or weekly hours of work, specified for the relevant group or subgroup, of a full-time employee, but does not include time worked on a holiday.

(b) Notwithstanding (a), for employees whose normal scheduled hours of work are in excess of the normal daily hours of work specified for the relevant group or subgroup, overtime means work performed in excess of those normal scheduled daily hours or in excess of the average weekly hours of work specified for the relevant group or sub-group.

38.10 Subject to clause 38.09 a part-time employee who is required to work overtime shall be paid overtime as specified for the relevant group or subgroup.

Call-Back

38.11 When a part-time employee meets the requirements to receive call-back pay in accordance with clause 28.01 and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours' pay at the straight-time rate.

Reporting Pay

38.12 Subject to clause 38.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, in accordance with the reporting pay provision for the relevant group or subgroup, and is entitled to receive a minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours' pay at the straight-time rate of pay.

Bereavement Leave

38.13 Notwithstanding clause 38.02, there shall be no prorating of a "day" in clause 22.02, Bereavement Leave With Pay.

Vacation Leave

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

(a) when the entitlement is nine decimal three seven five (9.375) hours a month, .250 multiplied by the number of hours in the employee's workweek per month;

(b) when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of hours in the employee's workweek per month;

(c) when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of hours in the employee's workweek per month;

(d) when the entitlement is fourteen decimal four (14.4) hours a month, .383 multiplied by the number of hours in the employee's workweek per month;

(e) when the entitlement is fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of hours in the employee's workweek per month;

(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number of hours in the employee's workweek per month;

(g) when the entitlement is eighteen decimal seven five (18.75) hours a month, .500 multiplied by the number of hours in the employee's workweek per month.

Sick Leave

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

38.16 Vacation and Sick Leave Administration

(a) For the purposes of administration of clauses 38.14 and 38.15, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate calculated on a monthly basis.

(b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.

Severance Pay

38.17 Notwithstanding the provisions of Article 24, Severance Pay, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full- and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent fulltime. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.

Article 39
Variable Hours

The Employer and the Alliance agree that the following conditions shall apply to employees for whom variable hours of work schedules are approved pursuant to the relevant provisions of this Agreement.

It is agreed that the implementation of any such variation in hours shall not result in any additional expenditure or cost by reason only of such variation.

39.01 General Terms

The scheduled hours of work of any day as set forth in a work schedule, may exceed or be less than the regular workday hours for the relevant Group or Subgroup; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Employer and the daily hours of work shall be consecutive.

For shift workers, such schedules shall provide that an employee's normal workweek shall average the weekly hours per week specified for the relevant Group or Subgroup over the life of the schedule. The maximum life of a schedule shall be six (6) months.

For day workers, such schedules shall provide that an employee's normal workweek shall average the weekly hours per week specified in this agreement over the life of the schedule. The maximum life of a schedule shall be twenty-eight (28) days.

Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

39.02 Specific Application

For greater certainty, the following provisions shall be administered as provided herein:

Interpretation and Definitions

"Daily rate of pay" shall not apply.

Overtime

Overtime shall be compensated for all work performed:

(a) in excess of an employee's scheduled hours of work on a scheduled working day in accordance with the provisions of this Agreement;

(b) on days of rest at time and one-half (1 1/2) except that if the overtime is worked by the employee on two (2) or more consecutive and contiguous days of rest, the employee shall be paid at double (2) time for each hour worked on the second and subsequent days of rest. Second and subsequent days of rest means the second and subsequent days in an unbroken series of consecutive and contiguous calendar days of rest.

Travel

Overtime compensation referred to in clause 27.04 of this Agreement shall only be applicable on a normal day for hours in excess of the employee's daily scheduled hours of work.

Designated Paid Holidays

(a) A designated paid holiday shall account for seven and one-half (7 1/2) hours.

(b) When an employee works on a designated paid holiday, the employee shall be compensated, in addition to the normal daily hours' pay, time and one-half (1 1/2) up to his or her regular scheduled hours worked and double (2) time for all hours worked in excess of his or her regular scheduled hours.

Vacation Leave - ED and EU Groups

Employees shall earn vacation at the rates prescribed for their years of service as set forth in this Agreement. Leave will be granted on an hourly basis and the hours debited for each day of vacation leave shall be the same as the employee would normally have been scheduled to work on that day.

Vacation Leave - LS Group

(a) Employees shall earn vacation at the rates prescribed for their years of service as set forth in this Agreement. Leave will be granted on an hourly basis and the hours debited for each day of vacation leave shall be the same as the employee would normally have been scheduled to work on that day.

(b) Employees scheduled to work any portion of a fiscal year under the variable hours of work provisions of this Agreement shall not have fractional vacation entitlement of more or less than one-half (1/2) day increased to the nearest half day.

Sick Leave

Employees shall earn sick leave credits at the rate prescribed in Article 19 of this Agreement. Leave will be granted on an hourly basis and the hours debited for each day of sick leave shall be the same as the employee would normally have been scheduled to work on that day.

Acting Pay

The qualifying period for acting pay as specified in Article 26, clause 26.07 shall be converted to hours.

Exchange of Shifts

On exchange of shifts between employees, if provided in this agreement, the Employer shall pay as if no exchange had occurred.

Minimum Number of Hours Between Shifts

The provision in the Agreement relating to the minimum period between the termination and commencement of the employee's next shift shall not apply to an employee subject to variable hours of work.

Article 40
Dental Care Plan

40.01 The Dental Care Plan as contained in the Master Agreement between the Treasury Board and the Public Service Alliance of Canada, with an expiry date of June 30, 1988, and as subsequently amended from time to time, shall be deemed to form part of this Agreement.

Article 41
Termination or Transfer of Operations

41.01 This Article applies to the ED and EU Groups only.

41.02 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 an operation is contracted out, terminated or transferred to another jurisdiction.

41.03 In accordance with clause 41.02 where an employee is offered employment with another jurisdiction and he or she is not permitted to retain substantially the same entitlement to credits in respect of sick leave, special leave and severance pay as were accumulated during his or her service with the Employer, he or she shall, for the purpose of this Agreement, be deemed to be on lay-off from the effective date of termination or turnover of the operation and entitled to benefits as set forth in paragraph 24.01(a) of this Agreement.

41.04 The provisions of paragraph 24.01(b) shall apply to an employee who is offered the retention of substantially the same entitlement to credits accumulated during his or her service with the Employer and who declines employment on this basis.

41.05 When an official application to negotiate the takeover of a school is received from a band council, the Department of Indian and Northern Affairs Canada will notify the appropriate Alliance representative as soon as possible.

41.06 As far in advance as possible of the proposed date of any termination or transfer of operations, the Employer will notify the employees involved and will provide an opportunity for consultation with the Alliance on details of the future pay and benefit entitlements.

Article 42
Miscellaneous - ED Group

42.01 This clause applies to employees certified in the Elementary and Secondary Teaching subgroup or as a Teacher Aide.

(a) Professional Development Sessions

The Employer recognizes the usefulness of professional development and, where possible, one period per year may be set aside to arrange such a session. The session content will be discussed with the appropriate consultation committee and the expenses of such a session, subject to operational constraints, will be borne by the Employer. If the session is held away from an employee's work location and the employee is unable to attend, he or she will be considered on duty provided that he or she performs duties as assigned by the Employer for the duration of the professional development session.

It is understood that other professional development days will also be granted, in accordance with present practice.

(b) Transportation

The parties agree that, except in cases of emergency, employees will not be required to use their private vehicle in the performance of their duties if other means of transportation are available. Should employees be required to use their private vehicle for field trips or similar activities, they will be reimbursed in accordance with the Government Travel and Living Accommodations Directive.

42.02 This clause applies to employees certified in the Language Teaching subgroup and the EU - Physical Education Instructors.

At the request of an employee who takes a course offered by the Employer, the Employer shall provide a certificate indicating the subject of the course, the name of the person who gave the course, the date on which it was given and its duration, provided the employee requests a certificate within thirty (30) days of completion of such a course.

Article 43
Hours of Work for the LS Group

43.01 The normal work week shall be thirty-seven decimal five (37.5) hours and the normal daily hours of work shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period. These hours may be varied at the Employer's discretion to allow for summer and winter hours, provided that the annual total hours equal those which would be obtained with no variation.

43.02 The normal work week shall be Monday through Friday, and the normal workday shall be between 7:00 a.m. and 6:00 p.m.

43.03 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period, unless operational requirements do not permit.

43.04 Notwithstanding clauses 43.01, 43.02 and 43.03, for employees required to provide direct services to the public or to students:

(a) the normal hours of work may be scheduled between 7:00 a.m. and 10:00 p.m. from Monday to Friday inclusively, and between 8:30 a.m. and 5:00 p.m. on Saturdays;

(b) the Employer shall set up a master shift schedule for a fifty-six (56) calendar day period, posted at least fifteen (l5) calendar days in advance;

(c) the Employer shall schedule for each employee at least two (2) consecutive days of rest per week. This provision shall be considered to have been met when two (2) days of rest for an employee are separated by a designated paid holiday on which the employee is not scheduled to work.

43.05 When an employee who is subject to clause 43.04 is required to change his or her scheduled shift without receiving at least five (5) working days' notice in advance of the starting time of such change in his or her scheduled shift, the employee shall be paid at the rate of time and one-half (l 1/2) for all hours worked outside of those which the employee is scheduled to work.

43.06 When employees who are subject to clause 43.04 provide sufficient advance notice, they may, with the approval of the Employer, exchange shifts, provided there is no increase in cost to the Employer.

43.07 Clause 43.04, 43.05 and 43.06 shall not become operative for the Library and Archives of Canada unless it extends its hours of service to the public.

43.08 Employees shall submit monthly attendance registers that will specify absences on normal days of work, hours of overtime and call-back.

43.09 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period of other than five (5) full days provided that over a period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every averaging period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days, such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.

Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

43.10 The Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day except on occasions when operational requirements do not permit.

Article 44
Work Year and Hours of Work for the
ED-EST Sub-Group and EU Group

Indian and Northern Affairs Canada

44.01 Employees Who Work a Ten (10) Month Work Year

(a) "School year" applicable to an employee of the Department of Indian and Northern Affairs Canada, means the period extending from September 1 to August 31 of the following year. The number of working days in the school year shall not exceed those designated by the province, territory or provincial school unit within which geographical area the employee is working. Working days will include teaching days and professional development days.

(b) Employees of the Department of Indian and Northern Affairs Canada who work a ten (10)-month work year and who wish to leave the service before the beginning of the next school year will make every effort to submit their resignation no later than the 30^th of April and shall provide one (1) month's notice of resignation to the Employer if they wish to leave the service during the school year.

**

Paragraph (c) applies only to ED-EST Sub-group

(c) A teacher at the Department of Indian and Northern Affairs Canada shall have, as a minimum, an average of forty (40) minutes per day of uninterrupted preparation time during classroom hours. Each unit of preparation time shall be no less than twenty (20) minutes. Preparation time shall not include any teaching or supervisory responsibilities and shall not have an impact on the daily number of instructional minutes.

44.02 Except as provided in clause 44.04, the working day of an employee working a school year shall be the same as that designated by the province, territory or school unit in which the employee is working. The employee shall be entitled to the same designated holidays, Christmas break, Easter or mid-winter break and summer break as observed by school boards of the province or territory in which he or she works.

44.03 The commencement and termination of the school day of an employee covered by clause 44.01 shall be in accordance with the practice prevailing in non-federal schools of the province or territory in which the school is located with the additional provision that employees shall be required to be on duty fifteen (15) minutes before the time of opening of school in the morning.

44.04 When an agreement in writing is reached between the Employer and the majority of the employees in a school, the schedule of working days and the duration of a working day may vary from those established in clauses 44.01, 44.02 and 44.03 provided that the total number of working days do not exceed that established in clause 44.01.

44.05 When an employee works (or attends orientation seminars at the request of the Employer) on a day other than a day provided for in clauses 44.01 or 44.04, he or she shall be provided compensation on a day-for-day basis. This payment shall be calculated in accordance with clause 2.01 ("daily rate of pay"), as will any deduction from pay as a result of an employee being on leave without pay.

44.06

**

Paragraph (a) Applies only to the ED-EST Subgroup

(a) Unless it is impractical for the Employer to have persons other than teachers provide lunch hour supervision, the teachers will be relieved of such supervisory duties. Teachers shall be entitled to a lunch period of forty (40) minutes, free from supervisory duties.

Paragraph (b) applies only to the EU Group

(b) Where teacher aides are required to provide lunch-hour supervision, such teacher aides shall be granted an equivalent period of time for their lunch period as close as possible to the mid-point of the school day.

44.07 Except as provided for in this agreement, an employee working a school year as defined in clause 44.01 will not be entitled to leave with pay during periods in which he or she is not scheduled to work.

Clauses 44.08 to 44.13 inclusively apply only to the ED-EST Subgroup

44.08 Teachers Who Work a Twelve (12) Month Work Year

(a) Guidance and Vocational Counsellors in the Department of Indian and Northern Affairs Canada shall be on a twelve (12) month work year and the workday for such an employee shall be seven decimal five (7.5) hours or such lesser period as the Employer may schedule.

(b) Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for him or her.

(c) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

(d) Employees covered by this clause shall be subject to the variable hours of work provisions established in Article 39.

Canadian Coast Guard College

44.09 An employee at the Canadian Coast Guard College shall be on a twelve (12) month work year. The normal daily hours of work shall be scheduled between 7:00 hours and 18:00 hours, Monday to Friday and shall include not more than four (4) hours of classroom teaching per day, with the exception of one (1) day only per week where an employee may be required to provide classroom teaching or to spend other time with students, up to six (6) hours, provided that the total classroom teaching time does not exceed twenty (20) hours per week.

Correctional Service of Canada

44.10

(a) An employee in the Correctional Service of Canada shall be on a twelve (12) month work year. The work day shall be seven decimal five (7,5) hours or such lesser period as the Employer may schedule. The work week shall be from Monday to Friday and between the hours of 7:00 hours and 18:00 hours and no employee shall be assigned work hours other than between these hours and on these days, except by the written consent of the employee concerned. Notwithstanding the above, an employee may voluntarily accept, hours of work between 7:00 hours and 22:00 hours following a request from the Employer.

(b) Rest Periods

The Employer shall schedule two (2) rest periods of fifteen (15) minutes each during each shift. An employee in the Correctional Service of Canada may be required to take such rest periods at his or her work location when the nature of his or her duties makes it necessary.

National Defence

44.11 An employee in the Department of National Defence shall be on a twelve (12) month work year and the work day for such an employee shall be seven decimal five (7.5) hours or such lesser period as the Employer may schedule between 7:00 hours and 18:00 hours, Monday to Friday.

General

44.12 Subject to operational requirements, a Principal may be granted time away from classroom duties in accordance with the following schedule for the purpose of performing administrative and supervisory duties.

Number of Teachers and Teacher Aides Supervised	Administrative and Supervisory Time
From one (1) to three (3)	One forty (40) to forty-five (45) minute period per day, or one-half (1/2) day per week at the Principal's option
From four (4) to six (6)	One day per week
From seven (7) to ten (10)	Two and one half (2 1/2) days per week
Eleven (11) or more	Full-time

44.13 Subject to operational requirements, an Assistant Principal may be granted time away from classroom duties in accordance with the following schedule for the purpose of performing administrative and supervisory duties.

Number of Teachers and Teacher Aides Supervised	Administrative and Supervisory Time
From seven (7) to ten (10)	One half (1/2) day per week
From eleven (11) to nineteen (19)	Half time
Twenty (20) or more	Full-time

Clauses 44.14 to 44.19 Inclusively Apply Only to the Employees of the EU Group Who Work a Twelve (12) Month Work Year

44.14 Employees shall be on a twelve (12) month work year.

44.15 The normal workweek for employees shall be from Monday to Friday.

44.16 The normal daily hours of work of employees, exclusive of meal breaks, shall be seven decimal five (7.5) hours and shall be scheduled in a continuous period, as operational needs require.

44.17 The Employer may authorize that certain tasks be performed away from the Employer's premises.

44.18 This clause applies only to Physical Education Instructors.

(a) The normal daily hours of work shall be scheduled between 7:00 hours and 17:00 hours, Monday to Friday.

(b) No employee of the Correctional Service of Canada shall be assigned work hours other than between these hours and on these days, except by the written consent of the employee concerned.

44.19 The Employer will:

(a) notify the Alliance at the appropriate level, at least fourteen (14) calendar days before introduction of any change in the schedule of working hours if such change will affect a majority of the employees in any teaching unit;

(b) give reasonable notice of the change to those employees whose hours of work are affected by the change.

It is recognized that emergency situations may require the Employer to introduce changes in scheduled hours of work on short notice.

Article 45
Work Year and Hours of Work for the ED-LAT
Sub-Group

45.01 Employees shall be on a twelve (12) month work year.

45.02 A week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday morning and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.

45.03 The normal work week shall be thirty-seven decimal five (37.5) hours, Monday to Friday, and the normal daily hours of work shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7 a.m. and 6:00 p.m.

45.04 Notwithstanding clause 45.03, because of the operational requirements of the service, an employee's normal daily hours of work may be scheduled to extend beyond 6:00 p.m. and/or on a Saturday or a Sunday but will not be scheduled beyond 10:00 p.m. When hours of work are scheduled to extend beyond 6:00 p.m. and/or on a Saturday or a Sunday, they shall be scheduled in such a manner that employees, over a period of not more than fifty-six (56) calendar days:

(a) work an average of thirty-seven decimal five (37.5) hours and an average of five (5) days per week;

(b) work seven decimal five (7.5) consecutive hours per day, exclusive of a meal period;

(c) obtain an average of two (2) days of rest per week;

(d) obtain at least two (2) consecutive days of rest at a time. Such two (2) consecutive days of rest may be separated by a designated paid holiday, and the consecutive days of rest may be in separate calendar weeks.

45.05 Employees whose hours of work are scheduled pursuant to the provisions of clause 45.04 shall be informed by written notice of their scheduled hours of work.

45.06 Employees whose hours of work are changed pursuant to the provisions of clause 45.04 will be advised of such change by written notice provided fifteen (15) days in advance, except where, subject to operational requirements as determined by the Employer, such change must be made on shorter notice.

45.07 When hours of work are scheduled in accordance with clause 45.04, the Employer will make every reasonable effort:

(a) to take the employees' preferences into consideration;

and

(b) not to schedule the commencement of a shift within sixteen (16) hours of the completion of the employee's previous shift.

45.08 Except for employees whose hours of work are scheduled pursuant to clause 45.03, employees who are required to change their scheduled hours of work without receiving at least five (5) days' notice in advance of the starting time of such change shall be paid for the first shift worked on the revised schedule at the rate of time and one-half (1 1/2). Subsequent shifts worked on the revised schedule shall be paid for at straight time, subject to the overtime provisions of this Agreement.

45.09 The Employer will, at the request of the Alliance, consult with the local Alliance representative(s) on work schedules established pursuant to clause 45.04 when such schedules affect the majority of the employees in a work unit.

45.10

(a) Hours of teaching must be in accordance with the November 30, 1989, Award of the Special Arbitration Panel chaired by M. Teplitsky.

(b) Notwithstanding the Employer's right to decide on course content and methods of delivery, hours of teaching shall include time spent in remote and/or direct contact with student(s). Remote contact includes but is not limited to the use of the Internet, telephone or other electronic means of communication.

45.11 The Employer may authorize that certain tasks be performed away from the Employer's premises.

Article 46
Pedagogical Break

**

This article applies to employees in the Elementary and Secondary Teaching (ED-EST) sub-group who work for a period of twelve (12) months, to employees in the Language Teaching ED-LAT sub-group, to employees in the Language Instructor and Physical Education sub-groups of the Educational Support (EU) group, and to employees in the Education Services ED-EDS sub-group employed at the Department of National Defence Canada who regularly teach.

46.01 Employees shall be granted a pedagogical break which will include all calendar days between December 25 and January 2 inclusively. During this period, employees are entitled to four (4) days of leave with pay, in addition to three (3) designated paid holidays as provided for under clause 21.01 of this Agreement.

46.02 Should January 2 coincide with an employee's day of rest or with a day to which a designated paid holiday has been moved by application of clause 21.03, the day shall be moved to the employee's first scheduled working day following the pedagogical break.

46.03 If an employee performs authorized work during the pedagogical break on a day other than a designated paid holiday or a normal day of rest, he or she shall receive compensation based upon his or her normal daily rate of pay, in addition to his or her usual pay for the day.

Article 47
Work Year and Hours of Work for
the ED-EDS Subgroup

47.01 All employees shall be on a twelve (12) month work year and the workday for such an employee shall be seven decimal five (7.5) hours or such lesser period as the Employer may schedule, Monday to Friday between the hours of 7:00 a.m. and 6:00 p.m.

47.02 The workday for an employee shall commence and terminate each day at the hours fixed by the Employer and before a schedule of working hours is changed the change will be discussed with the appropriate representative of the Alliance if the change will affect a majority of the employees governed by the schedule.

47.03 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period other than five (5) full days, provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period, such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for him or her.

Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

Employees covered by this clause shall be subject to the variable hours of work provisions established in Article 39.

47.04 Rest Periods

Except when operational requirements do not permit, the Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day.

Article 48
Overtime

48.01 This Article applies only to employees whose work year is twelve (12) months.

48.02 When an employee works overtime authorized by the Employer, the employee shall be compensated on the basis of time and one-half (1 1/2) for all hours worked in excess of seven decimal five (7.5) hours per day.

LS/EU - 48.03 LS and EU Groups

When an employee works overtime authorized by the Employer on his or her normal day of rest, compensation shall be granted on the basis of time and one-half (1 1/2) for all hours worked on the first day of rest, and double (2) time on the second day of rest.

ED - 48.03 ED Group

(a) When an employee is required by the Employer to work overtime on a normal day of rest, compensation shall be granted on the basis of time and one-half (1 1/2) for all hours worked.

(b) An employee who is required to work on a second day of rest is entitled to compensation at double (2) time provided that the employee also worked on the first day of rest. Second day of rest means the second day in an unbroken series of consecutive and continuous calendar days of rest.

48.04 All calculations for overtime shall be based on each completed fifteen (15) minutes.

48.05 Subject to operational requirements, the Employer shall make every reasonable effort to avoid excessive overtime and to allocate the requirement to work overtime among readily available qualified employees who normally perform those duties.

48.06 Except in cases of emergency, call-back or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for overtime work.

**

48.07 Overtime shall be compensated in cash except where, upon the request of an employee and with the approval of the Employer, overtime may be compensated in equivalent compensatory leave with pay.

**

48.08

(a) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.

(b) At the request of the employee and with the approval of the Employer, accumulated compensatory leave may be paid out, in whole or in part, once per fiscal year, at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the time of the request.

48.09 The Employer shall endeavour to make cash payments for overtime in the month following the month in which the credits were earned.

48.10 When an employee performs authorized overtime work, time spent by the employee reporting to or returning from work shall not constitute time worked.

48.11 Meals

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following normal hours of work shall be reimbursed expenses for one meal in the amount of nine dollars ($9.00), except where free meals are provided or the employee is on travel status.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one additional meal in the amount of nine dollars ($9.00) for each additional four (4)-hour period of overtime worked thereafter, except where free meals are provided.

**

(c) When overtime is worked in accordance with paragraphs 48.11(a) and (b) above, reasonable time to be determined by the Employer shall be allowed to the employee in order to take a meal break either at or adjacent to the employee's place of work, and such time shall be paid at the overtime rate where applicable.

(d) Paragraphs 48.11(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

Article 49
Allowances

This Article applies to employees certified in the Elementary and Secondary Teaching (ED-EST) Subgroup.

Where the employee is entitled to an allowance provided in clauses 49.01, 49.02, 49.03, 49.05 and 49.07 for less than a full work year, the amount of the allowance will be prorated on the basis of the percentage of the work year he or she was so employed.

Paragraphs 49.01 and 49.02 apply only to ED-EST employees whose work year is twelve (12) months.

**

49.01 Principal's Allowance

A principal of a school shall be paid an allowance for administrative and supervisory responsibilities at the following annual rates, calculated on the commencement of the school year:

effective on the date of signature of this Agreement,

$2,080		basic, plus:
$565		for each teacher and teacher aide supervised from one (1) to twelve (12),
		and
$310		for each teacher and teacher aide supervised from thirteen (13) or more.

The number of teachers and teacher aides who work under the supervision of the Principal but who are seconded from school boards, Indian bands, and other organizations shall be counted in determining the amount of the principal's allowance.

49.02 Assistant Principal's Allowance

An Assistant Principal of a school shall be paid an allowance for administrative and supervisory responsibilities at an annual rate equal to one-half of the Principal's allowance specified in clause 49.01 in accordance with the number of teachers and teacher aides supervised.

**

49.03 Department Head's Allowance

A teacher who is a Department Head (including a Head Education Counsellor) shall be paid an allowance for administrative and supervisory responsibilities of:

Effective on the date of signature of this agreement: $2,245 per annum.

49.04 Night School Compensation

A teacher shall be paid at his or her normal hourly rate of pay, for every completed hour of work, for approved scheduled teaching duties which are performed outside the authorized school hours and which are not part of the teachers normal work program. This clause does not apply to an employee covered by Article 48.

49.05 Allowance for Teachers of Specialist Subjects

(a) Definition

Any subject can be considered as a field of specialization as they are variable depending on the Provincial Ministry of Education. The definition of Specialization is the recognition of additional training in teachable subject area within the assigned curriculum.

(b) Eligibility

(c) Allowance

An employee who is eligible under (a) and (b) shall receive an allowance in excess of that to which he or she is eligible in view of his or her academic and professional qualifications or experience:

Effective on the date of signing of this agreement: $1,015 per annum.

No employee will be paid more than one allowance for specialization under this clause.

(d) Grandparent protection

Any employee who on the signing of the Memorandum of Agreement dated June 17, 2003 was receiving a specialist's allowance under clause 49.05 of the Education and Library Science collective agreement expired on June 30, 2003, will be paid the allowance as long as he or she remains in his or her current substantive position.

(e) Limitation

The same courses will not be applied simultaneously towards salary determination as per the pay grid for Annual Rates of Pay set forth in Appendix A and towards a specialist allowance. If courses already used to determine the employee's eligibility for the specialist allowance are applied for salary determination as per the pay grid for Annual Rates of Pay set forth in Appendix A, the specialist allowance will terminate. On the basis of other additional courses, an employee may reapply for a specialist allowance previously held when it can be determined through a re-evaluation of the total courses accumulated that he or she has met again the requirements in accordance with (a) and (b) for a specialist allowance.

49.06 Summer School Allowance

An employee may be granted a per diem allowance as determined by the Employer for summer school courses where the Employer identifies a departmental need for the employee to take such courses. The allowance will not be paid in respect of Saturdays and Sundays.

49.07 One-Room School Allowance

A teacher employed in the Department of Indian and Northern Affairs Canada as the only teacher in a one-room school shall be paid an allowance:

Effective on the date of signature of this agreement: $1,240 per annum;

49.08 Limitation

No employee will be paid more than one of the allowances provided in clauses 49.01, 49.02, 49.03 and 49.07 of this Agreement.

Article 50
Technological Change

50.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, Appendix "B" on Workforce Adjustment will apply. In all other cases the following clauses will apply.

50.02 In this Article "Technological Change" means:

(a) the introduction by the Employer of equipment or material of a different nature than that previously utilized;

and

(b) a change in the Employer's operation directly related to the introduction of that equipment or material.

50.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.

50.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days' written notice to the Alliance of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.

50.05 The written notice provided for in clause 50.04 will provide the following information:

(a) the nature and degree of the technological change;

(b) the date or dates on which the Employer proposes to effect the technological change;

(c) the location or locations involved;

(d) the approximate number and type of employees likely to be affected by the technological change;

(e) the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.

50.06 As soon as reasonably practicable after notice is given under clause 50.04, the Employer shall consult meaningfully with the Alliance concerning the rationale for the change and the topics referred to in paragraph 50.05 on each group of employees, including training.

50.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of the employee's substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours without loss of pay and at no cost to the employee.

Article 51
Authorship - LS Group

This article applies only to employees of the Library Science Group

51.01 When an employee acts as a sole or joint author or editor of a publication, the employee's authorship or editorship shall normally be shown on the title page of such publication.

51.02 Where the Employer wishes to make changes in material submitted for publication with which the author does not agree, the author may request that he or she not be credited publicly.

Article 52
Religious Observance

52.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfil his or her religious obligations.

52.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfil their religious obligations.

52.03 Notwithstanding clause 52.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfil his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

52.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.

Article 53
Job Security

53.01 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 workforce will be accomplished through attrition.

Article 54
Membership Fees

54.01 The Employer shall reimburse an employee for the employee's payment of membership or registration fees to an organization or governing body when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee's position.

54.02 Membership dues referred to in Article 10, Check-Off, of this Agreement are specifically excluded as reimbursable fees under this Article.

Article 55
Shift Principle

55.01 It is recognized that certain full-time indeterminate employees whose hours of work are regularly scheduled on a shift basis in accordance with the clause 43.04 or 45.04 who receive the Shift Premium (clause 30.01) in accordance with Article 30 (hereinafter referred to as a shift work employee) are required to attend certain proceedings, under this collective agreement as identified in paragraph 55.01(a) and certain other proceedings identified in paragraph 55.01(b) which normally take place between the hours of 9:00 a.m. and 5:00 p.m. from Mondays to Fridays inclusively.

When a shift work employee who is scheduled to work on the day of that proceeding and when the proceeding is not scheduled during the employee's scheduled shift for that day and when the majority of the hours of the employee's scheduled shift on that day do not fall between the hours of 9:00 a.m. and 5:00 p.m., upon written application by the employee, the Employer shall endeavour, where possible, to change the shift work employee's shift on the day of the proceeding so that the majority of the hours fall between 9:00 a.m. and 5:00 p.m. provided that operational requirements are met, there is no increase in cost to the Employer and sufficient advance notice is given by the employee.

(a) Certain Proceedings Under This Agreement

(b) Certain Other Proceedings

Article 56
Agreement Reopener

56.01 This Agreement may be amended by mutual consent.

Article 57
Maternity-Related Reassignment or Leave

57.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the twenty-fourth (24^th) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child. On being informed of the cessation, the Employer, with the written consent of the employee, shall notify the appropriate workplace committee or the health and safety representative.

57.02 An employee's request under clause 57.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.

57.03 An employee who has made a request under clause 57.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:

(a) modifies her job functions or reassigns her;

or

(b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

57.04 Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.

57.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.

57.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks' notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

57.07 Notwithstanding clause 57.05, for an officer working in an institution where she is in direct and regular contact with offenders, if the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the officer in writing and shall grant leave of absence with pay to the officer for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than at the time the officer proceeds on Maternity Leave Without Pay or the termination date of the pregnancy, whichever comes first.

Article 58
Medical Appointment for Pregnant Employees

58.01 Up to three decimal seven five (3.75) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

58.02 Where a series of continuing appointments is necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

Article 59
Duty Aboard Vessels

59.01 Nothing in this Agreement shall be construed to impair in any manner whatsoever the authority of the Master.

59.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime.

59.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all employees at any time on immediate call and, notwithstanding any provisions of this Agreement which might be construed to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of which the Master shall be the sole judge.

59.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed the value of those articles up to a maximum of three thousand dollars ($3,000) based on replacement cost.

59.05

(a) An employee shall submit to the Employer a full inventory of his or her personal effects and shall be responsible for maintaining it in a current state.

(b) An employee or the employee's estate making a claim under this Article shall submit to the Employer reasonable proof of such loss, and shall submit an affidavit listing the individual items and values claimed.

Article 60
Leave for ED-EST and EU Employees Who Work a
Ten (10) Month Work Year

**

60.01 The Employer shall grant ED-EST and EU employees who work a ten (10) month work year up to fifteen (15) hours of leave with pay within each school year for personal reasons, at a time requested by the employee, provided the employee gives the Employer advance notice prior to the commencement of the leave of at least five (5) working days, unless there is a valid reason, as determined by the Employer, why such notice cannot be given.

60.02

(a) Effective on the date of signing of this collective agreement, employees with more than two (2) years of service shall receive a one-time entitlement of thirty-seven decimal five (37.5) hours of leave with pay for personal reasons.

(b) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of leave with pay for personal reasons on the first (1^st) day of the month following the second (2^nd) anniversary of the employee's first year of service.

Article 61
Dangerous Goods

61.01 An employee certified pursuant to the Transportation of Dangerous Goods Act and who is assigned the responsibility for packaging and labelling of dangerous goods for shipping in accordance with the above Act, shall receive a daily allowance of three dollars and fifty cents ($3.50) for each day he or she is required to package and label dangerous goods for shipping, to a maximum of seventy-five dollars ($75) in a month where the employee maintains such certification.

Article 62
Duration

62.01 The provisions of this Agreement will expire on June 30, 2011.

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

Signed at Ottawa this 6^th day of the month of February 2009.

 

Appendix "A" Annual Rates of Pay and Pay Notes

Annex "A1"

Elementary and Secondary Teaching Sub-Group (ED‑EST)

Elementary and Secondary Teaching Sub-Group (ED)‑EST)
Guidance and Vocational Counsellor

Annex "A1-2"

Elementary and Secondary Teaching Sub-Group (ED-EST)

Annex "A2"

Language Teaching Sub-Group (ED-LAT)

Annex "A3"

Education Services Sub-Group (ED-EDS)

Annex "A4"

Library Science Group (LS)

Annex "A5"

Educational Support Group (EU)

---

Appendix "A"

Annex "A1"

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Maritimes

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Quebec

10 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	32016	32752	33243	33742	34248
2	33844	34622	35141	35668	36203
3	35676	36497	37044	37600	38164
4	37514	38377	38953	39537	40130
5	39346	40251	40855	41468	42090
6	41172	42119	42751	43392	44043
7	43010	43999	44659	45329	46009
8	44843	45874	46562	47260	47969
9	46676	47750	48466	49193	49931
10	48510	49626	50370	51126	51893
11	50342	51500	52273	53057	53853

10 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	34822	35623	36157	36699	37249
2	36553	37394	37955	38524	39102
3	38287	39168	39756	40352	40957
4	40014	40934	41548	42171	42804
5	41746	42706	43347	43997	44657
6	43474	44474	45141	45818	46505
7	45200	46240	46934	47638	48353
8	46937	48017	48737	49468	50210
9	48661	49780	50527	51285	52054
10	50386	51545	52318	53103	53900
11	52121	53320	54120	54932	55756
12	53851	55090	55916	56755	57606

10 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	38051	38926	39510	40103	40705
2	39851	40768	41380	42001	42631
3	41654	42612	43251	43900	44559
4	43459	44459	45126	45803	46490
5	45258	46299	46993	47698	48413
6	47063	48145	48867	49600	50344
7	48865	49989	50739	51500	52273
8	50663	51828	52605	53394	54195
9	52467	53674	54479	55296	56125
10	54270	55518	56351	57196	58054
11	56063	57352	58212	59085	59971
12	57863	59194	60082	60983	61898

10 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	41223	42171	42804	43446	44098
2	43227	44221	44884	45557	46240
3	45238	46278	46972	47677	48392
4	47247	48334	49059	49795	50542
5	49253	50386	51142	51909	52688
6	51265	52444	53231	54029	54839
7	53272	54497	55314	56144	56986
8	55280	56551	57399	58260	59134
9	57291	58609	59488	60380	61286
10	59302	60666	61576	62500	63438
11	61319	62729	63670	64625	65594
12	63329	64786	65758	66744	67745

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Ontario

10 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	35533	36350	36895	37448	38010
2	37479	38341	38916	39500	40093
3	39428	40335	40940	41554	42177
4	41372	42324	42959	43603	44257
5	43319	44315	44980	45655	46340
6	45265	46306	47001	47706	48422
7	47212	48298	49022	49757	50503
8	49157	50288	51042	51808	52585
9	51109	52285	53069	53865	54673
10	53049	54269	55083	55909	56748

10 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	40348	41276	41895	42523	43161
2	42482	43459	44111	44773	45445
3	44611	45637	46322	47017	47722
4	46743	47818	48535	49263	50002
5	48879	50003	50753	51514	52287
6	51009	52182	52965	53759	54565
7	53141	54363	55178	56006	56846
8	55274	56545	57393	58254	59128
9	57404	58724	59605	60499	61406
10	59533	60902	61816	62743	63684

10 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	42218	43189	43837	44495	45162
2	44362	45382	46063	46754	47455
3	46506	47576	48290	49014	49749
4	48651	49770	50517	51275	52044
5	50799	51967	52747	53538	54341
6	52938	54156	54968	55793	56630
7	55089	56356	57201	58059	58930
8	57233	58549	59427	60318	61223
9	59373	60739	61650	62575	63514
10	61528	62943	63887	64845	65818

10 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	45542	46589	47288	47997	48717
2	48224	49333	50073	50824	51586
3	50916	52087	52868	53661	54466
4	53604	54837	55660	56495	57342
5	56293	57588	58452	59329	60219
6	58981	60338	61243	62162	63094
7	61669	63087	64033	64993	65968
8	64477	65960	66949	67953	68972
9	67035	68577	69606	70650	71710
10	69731	71335	72405	73491	74593

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Manitoba

10 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	34034	34817	35339	35869	36407
2	35424	36239	36783	37335	37895
3	36805	37652	38217	38790	39372
4	38186	39064	39650	40245	40849
5	39568	40478	41085	41701	42327
6	40950	41892	42520	43158	43805
7	42338	43312	43962	44621	45290
8	43721	44727	45398	46079	46770
9	45092	46129	46821	47523	48236

10 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	42039	43006	43651	44306	44971
2	44126	45141	45818	46505	47203
3	46220	47283	47992	48712	49443
4	48314	49425	50166	50918	51682
5	50405	51564	52337	53122	53919
6	52506	53714	54520	55338	56168
7	54588	55844	56682	57532	58395
8	56681	57985	58855	59738	60634
9	58778	60130	61032	61947	62876
10	60866	62266	63200	64148	65110

10 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	44760	45789	46476	47173	47881
2	46856	47934	48653	49383	50124
3	48956	50082	50833	51595	52369
4	51051	52225	53008	53803	54610
5	53149	54371	55187	56015	56855
6	55242	56513	57361	58221	59094
7	57336	58655	59535	60428	61334
8	59432	60799	61711	62637	63577
9	61530	62945	63889	64847	65820
10	63636	65100	66077	67068	68074

10 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	47165	48250	48974	49709	50455
2	49414	50551	51309	52079	52860
3	51659	52847	53640	54445	55262
4	53906	55146	55973	56813	57665
5	56154	57446	58308	59183	60071
6	58396	59739	60635	61545	62468
7	60651	62046	62977	63922	64881
8	62896	64343	65308	66288	67282
9	65147	66645	67645	68660	69690
10	67388	68938	69972	71022	72087

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Saskatchewan

10 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	33179	33942	34451	34968	35493
2	34825	35626	36160	36702	37253
3	36462	37301	37861	38429	39005
4	38103	38979	39564	40157	40759
5	39746	40660	41270	41889	42517
6	41386	42338	42973	43618	44272
7	43026	44016	44676	45346	46026
8	44668	45695	46380	47076	47782
9	46323	47388	48099	48820	49552

10 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	40626	41560	42183	42816	43458
2	42655	43636	44291	44955	45629
3	44682	45710	46396	47092	47798
4	46715	47789	48506	49234	49973
5	48743	49864	50612	51371	52142
6	50768	51936	52715	53506	54309
7	52807	54022	54832	55654	56489
8	54830	56091	56932	57786	58653
9	56855	58163	59035	59921	60820
10	58902	60257	61161	62078	63009

10 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	44133	45148	45825	46512	47210
2	46121	47182	47890	48608	49337
3	48096	49202	49940	50689	51449
4	50086	51238	52007	52787	53579
5	52064	53261	54060	54871	55694
6	54045	55288	56117	56959	57813
7	56025	57314	58174	59047	59933
8	58005	59339	60229	61132	62049
9	59989	61369	62290	63224	64172
10	61967	63392	64343	65308	66288

10 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	46682	47756	48472	49199	49937
2	48667	49786	50533	51291	52060
3	50647	51812	52589	53378	54179
4	52631	53842	54650	55470	56302
5	54614	55870	56708	57559	58422
6	56593	57895	58763	59644	60539
7	58574	59921	60820	61732	62658
8	60560	61953	62882	63825	64782
9	62537	63975	64935	65909	66898
10	64510	65994	66984	67989	69009

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Alberta

10 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	35951	36778	37330	37890	38458
2	37874	38745	39326	39916	40515
3	39797	40712	41323	41943	42572
4	41715	42674	43314	43964	44623
5	43637	44641	45311	45991	46681
6	45560	46608	47307	48017	48737
7	47478	48570	49299	50038	50789
8	49404	50540	51298	52067	52848
9	51318	52498	53285	54084	54895

10 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	41586	42542	43180	43828	44485
2	43879	44888	45561	46244	46938
3	46181	47243	47952	48671	49401
4	48484	49599	50343	51098	51864
5	50786	51954	52733	53524	54327
6	53085	54306	55121	55948	56787
7	55387	56661	57511	58374	59250
8	57683	59010	59895	60793	61705
9	59988	61368	62289	63223	64171
10	62285	63718	64674	65644	66629

10 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	43867	44876	45549	46232	46925
2	46194	47256	47965	48684	49414
3	48520	49636	50381	51137	51904
4	50849	52019	52799	53591	54395
5	53183	54406	55222	56050	56891
6	55511	56788	57640	58505	59383
7	57835	59165	60052	60953	61867
8	60161	61545	62468	63405	64356
9	62493	63930	64889	65862	66850
10	64818	66309	67304	68314	69339

10 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	46469	47538	48251	48975	49710
2	48794	49916	50665	51425	52196
3	51126	52302	53087	53883	54691
4	53452	54681	55501	56334	57179
5	55781	57064	57920	58789	59671
6	58106	59442	60334	61239	62158
7	60438	61828	62755	63696	64651
8	62762	64206	65169	66147	67139
9	65092	66589	67588	68602	69631
10	67425	68976	70011	71061	72127

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Rates of Pay
(in dollars)
British Columbia

10 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	37218	38074	38645	39225	39813
2	39341	40246	40850	41463	42085
3	41463	42417	43053	43699	44354
4	43587	44590	45259	45938	46627
5	45709	46760	47461	48173	48896
6	47832	48932	49666	50411	51167
7	49955	51104	51871	52649	53439
8	52077	53275	54074	54885	55708
9	54199	55446	56278	57122	57979

10 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	40056	40977	41592	42216	42849
2	42290	43263	43912	44571	45240
3	44521	45545	46228	46921	47625
4	46754	47829	48546	49274	50013
5	48984	50111	50863	51626	52400
6	51218	52396	53182	53980	54790
7	53451	54680	55500	56333	57178
8	55684	56965	57819	58686	59566
9	57915	59247	60136	61038	61954
10	60151	61534	62457	63394	64345
11	62382	63817	64774	65746	66732

10 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	43057	44047	44708	45379	46060
2	45556	46604	47303	48013	48733
3	48058	49163	49900	50649	51409
4	50555	51718	52494	53281	54080
5	53057	54277	55091	55917	56756
6	55555	56833	57685	58550	59428
7	58055	59390	60281	61185	62103
8	60561	61954	62883	63826	64783
9	63058	64508	65476	66458	67455
10	65562	67070	68076	69097	70133
11	68060	69625	70669	71729	72805

10 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	46591	47663	48378	49104	49841
2	48989	50116	50868	51631	52405
3	51389	52571	53360	54160	54972
4	53794	55031	55856	56694	57544
5	56194	57486	58348	59223	60111
6	58600	59948	60847	61760	62686
7	60999	62402	63338	64288	65252
8	63401	64859	65832	66819	67821
9	65803	67316	68326	69351	70391
10	68205	69774	70821	71883	72961
11	70604	72228	73311	74411	75527

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Maritimes

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	34693	35491	36023	36563	37111
2	36397	37234	37793	38360	38935
3	38112	38989	39574	40168	40771
4	39814	40730	41341	41961	42590
5	41528	42483	43120	43767	44424
6	43236	44230	44893	45566	46249
7	44939	45973	46663	47363	48073
8	46652	47725	48441	49168	49906
9	48361	49473	50215	50968	51733

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	40525	41457	42079	42710	43351
2	42623	43603	44257	44921	45595
3	44709	45737	46423	47119	47826
4	46803	47879	48597	49326	50066
5	48894	50019	50769	51531	52304
6	50986	52159	52941	53735	54541
7	53076	54297	55111	55938	56777
8	55172	56441	57288	58147	59019
9	57263	58580	59459	60351	61256
10	59338	60703	61614	62538	63476

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	44572	45597	46281	46975	47680
2	46981	48062	48783	49515	50258
3	49387	50523	51281	52050	52831
4	51795	52986	53781	54588	55407
5	54194	55440	56272	57116	57973
6	56601	57903	58772	59654	60549
7	59003	60360	61265	62184	63117
8	61408	62820	63762	64718	65689
9	63814	65282	66261	67255	68264
10	66207	67730	68746	69777	70824

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	47136	48220	48943	49677	50422
2	49540	50679	51439	52211	52994
3	51946	53141	53938	54747	55568
4	54351	55601	56435	57282	58141
5	56754	58059	58930	59814	60711
6	59162	60523	61431	62352	63287
7	61566	62982	63927	64886	65859
8	63966	65437	66419	67415	68426
9	66372	67899	68917	69951	71000
10	68766	70348	71403	72474	73561

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Quebec

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	35410	36224	36767	37319	37879
2	37439	38300	38875	39458	40050
3	39468	40376	40982	41597	42221
4	41494	42448	43085	43731	44387
5	43517	44518	45186	45864	46552
6	45554	46602	47301	48011	48731
7	47581	48675	49405	50146	50898
8	49607	50748	51509	52282	53066
9	51637	52825	53617	54421	55237
10	53650	54884	55707	56543	57391
11	55676	56957	57811	58678	59558

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	38517	39403	39994	40594	41203
2	40435	41365	41985	42615	43254
3	42347	43321	43971	44631	45300
4	44262	45280	45959	46648	47348
5	46171	47233	47941	48660	49390
6	48086	49192	49930	50679	51439
7	49998	51148	51915	52694	53484
8	51910	53104	53901	54710	55531
9	53821	55059	55885	56723	57574
10	55741	57023	57878	58746	59627
11	57647	58973	59858	60756	61667
12	59556	60926	61840	62768	63710

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	42081	43049	43695	44350	45015
2	44074	45088	45764	46450	47147
3	46066	47126	47833	48550	49278
4	48054	49159	49896	50644	51404
5	50049	51200	51968	52748	53539
6	52037	53234	54033	54843	55666
7	54030	55273	56102	56944	57798
8	56018	57306	58166	59038	59924
9	58011	59345	60235	61139	62056
10	60001	61381	62302	63237	64186
11	62004	63430	64381	65347	66327
12	63993	65465	66447	67444	68456

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	45585	46633	47332	48042	48763
2	47811	48911	49645	50390	51146
3	50033	51184	51952	52731	53522
4	52259	53461	54263	55077	55903
5	54481	55734	56570	57419	58280
6	56704	58008	58878	59761	60657
7	58918	60273	61177	62095	63026
8	61146	62552	63490	64442	65409
9	63370	64828	65800	66787	67789
10	65589	67098	68104	69126	70163
11	67818	69378	70419	71475	72547
12	70038	71649	72724	73815	74922

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Ontario

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	38670	39559	40152	40754	41365
2	40785	41723	42349	42984	43629
3	42902	43889	44547	45215	45893
4	45017	46052	46743	47444	48156
5	47135	48219	48942	49676	50421
6	49251	50384	51140	51907	52686
7	51369	52550	53338	54138	54950
8	53487	54717	55538	56371	57217
9	55602	56881	57734	58600	59479
10	57731	59059	59945	60844	61757

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	43918	44928	45602	46286	46980
2	46237	47300	48010	48730	49461
3	48554	49671	50416	51172	51940
4	50878	52048	52829	53621	54425
5	53194	54417	55233	56061	56902
6	55514	56791	57643	58508	59386
7	57835	59165	60052	60953	61867
8	60152	61535	62458	63395	64346
9	62472	63909	64868	65841	66829
10	64782	66272	67266	68275	69299

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	45949	47006	47711	48427	49153
2	48280	49390	50131	50883	51646
3	50625	51789	52566	53354	54154
4	52955	54173	54986	55811	56648
5	55294	56566	57414	58275	59149
6	57631	58957	59841	60739	61650
7	59966	61345	62265	63199	64147
8	62300	63733	64689	65659	66644
9	64637	66124	67116	68123	69145
10	66959	68499	69526	70569	71628

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	49561	50701	51462	52234	53018
2	52491	53698	54503	55321	56151
3	55417	56692	57542	58405	59281
4	58344	59686	60581	61490	62412
5	61275	62684	63624	64578	65547
6	64197	65674	66659	67659	68674
7	67120	68664	69694	70739	71800
8	70009	71619	72693	73783	74890
9	72614	74284	75398	76529	77677
10	75220	76950	78104	79276	80465

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Manitoba

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	38590	39478	40070	40671	41281
2	40153	41077	41693	42318	42953
3	41724	42684	43324	43974	44634
4	43284	44280	44944	45618	46302
5	44855	45887	46575	47274	47983
6	46424	47492	48204	48927	49661
7	47992	49096	49832	50579	51338
8	49553	50693	51453	52225	53008
9	51124	52300	53085	53881	54689

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	47649	48745	49476	50218	50971
2	50022	51173	51941	52720	53511
3	52398	53603	54407	55223	56051
4	54767	56027	56867	57720	58586
5	57144	58458	59335	60225	61128
6	59510	60879	61792	62719	63660
7	61879	63302	64252	65216	66194
8	64253	65731	66717	67718	68734
9	66625	68157	69179	70217	71270
10	68999	70586	71645	72720	73811

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	50748	51915	52694	53484	54286
2	53123	54345	55160	55987	56827
3	55504	56781	57633	58497	59374
4	57877	59208	60096	60997	61912
5	60258	61644	62569	63508	64461
6	62632	64073	65034	66010	67000
7	65017	66512	67510	68523	69551
8	67393	68943	69977	71027	72092
9	69755	71359	72429	73515	74618
10	71878	73531	74634	75754	76890

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	53473	54703	55524	56357	57202
2	56017	57305	58165	59037	59923
3	58565	59912	60811	61723	62649
4	61114	62520	63458	64410	65376
5	63657	65121	66098	67089	68095
6	66207	67730	68746	69777	70824
7	68749	70330	71385	72456	73543
8	71120	72756	73847	74955	76079
9	73386	75074	76200	77343	78503
10	75654	77394	78555	79733	80929

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Saskatchewan

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	36998	37849	38417	38993	39578
2	38824	39717	40313	40918	41532
3	40655	41590	42214	42847	43490
4	42488	43465	44117	44779	45451
5	44318	45337	46017	46707	47408
6	46151	47212	47920	48639	49369
7	47975	49078	49814	50561	51319
8	49804	50949	51713	52489	53276
9	51652	52840	53633	54437	55254

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	45306	46348	47043	47749	48465
2	47566	48660	49390	50131	50883
3	49837	50983	51748	52524	53312
4	52099	53297	54096	54907	55731
5	54360	55610	56444	57291	58150
6	56629	57931	58800	59682	60577
7	58891	60245	61149	62066	62997
8	61160	62567	63506	64459	65426
9	63424	64883	65856	66844	67847
10	65669	67179	68187	69210	70248

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	49216	50348	51103	51870	52648
2	51425	52608	53397	54198	55011
3	53634	54868	55691	56526	57374
4	55841	57125	57982	58852	59735
5	58051	59386	60277	61181	62099
6	60265	61651	62576	63515	64468
7	62475	63912	64871	65844	66832
8	64681	66169	67162	68169	69192
9	66888	68426	69452	70494	71551
10	69095	70684	71744	72820	73912

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	52055	53252	54051	54862	55685
2	54261	55509	56342	57187	58045
3	56474	57773	58640	59520	60413
4	58684	60034	60935	61849	62777
5	60890	62290	63224	64172	65135
6	63099	64550	65518	66501	67499
7	65311	66813	67815	68832	69864
8	67524	69077	70113	71165	72232
9	69729	71333	72403	73489	74591
10	71855	73508	74611	75730	76866

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Alberta

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	38815	39708	40304	40909	41523
2	40882	41822	42449	43086	43732
3	42955	43943	44602	45271	45950
4	45029	46065	46756	47457	48169
5	47099	48182	48905	49639	50384
6	49177	50308	51063	51829	52606
7	51250	52429	53215	54013	54823
8	53317	54543	55361	56191	57034
9	55401	56675	57525	58388	59264

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	44894	45927	46616	47315	48025
2	47374	48464	49191	49929	50678
3	49854	51001	51766	52542	53330
4	52343	53547	54350	55165	55992
5	54826	56087	56928	57782	58649
6	57304	58622	59501	60394	61300
7	59787	61162	62079	63010	63955
8	62270	63702	64658	65628	66612
9	64757	66246	67240	68249	69273
10	67245	68792	69824	70871	71934

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	47357	48446	49173	49911	50660
2	49881	51028	51793	52570	53359
3	52390	53595	54399	55215	56043
4	54902	56165	57007	57862	58730
5	57421	58742	59623	60517	61425
6	59935	61314	62234	63168	64116
7	62450	63886	64844	65817	66804
8	64962	66456	67453	68465	69492
9	67474	69026	70061	71112	72179
10	69983	71593	72667	73757	74863

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	50168	51322	52092	52873	53666
2	52684	53896	54704	55525	56358
3	55197	56467	57314	58174	59047
4	57714	59041	59927	60826	61738
5	60228	61613	62537	63475	64427
6	62742	64185	65148	66125	67117
7	65259	66760	67761	68777	69809
8	67768	69327	70367	71423	72494
9	70281	71897	72975	74070	75181
10	72563	74232	75345	76475	77622

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
British Columbia

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
1	40827	41766	42392	43028	43673
2	43157	44150	44812	45484	46166
3	45486	46532	47230	47938	48657
4	47814	48914	49648	50393	51149
5	50144	51297	52066	52847	53640
6	52477	53684	54489	55306	56136
7	54800	56060	56901	57755	58621
8	57128	58442	59319	60209	61112
9	59459	60827	61739	62665	63605

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
1	43899	44909	45583	46267	46961
2	46305	47370	48081	48802	49534
3	48709	49829	50576	51335	52105
4	51114	52290	53074	53870	54678
5	53519	54750	55571	56405	57251
6	55919	57205	58063	58934	59818
7	58319	59660	60555	61463	62385
8	60727	62124	63056	64002	64962
9	63127	64579	65548	66531	67529
10	65530	67037	68043	69064	70100
11	67935	69498	70540	71598	72672

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
1	47128	48212	48935	49669	50414
2	49763	50908	51672	52447	53234
3	52401	53606	54410	55226	56054
4	55034	56300	57145	58002	58872
5	57671	58997	59882	60780	61692
6	60307	61694	62619	63558	64511
7	62943	64391	65357	66337	67332
8	65576	67084	68090	69111	70148
9	68213	69782	70829	71891	72969
10	70846	72475	73562	74665	75785
11	73483	75173	76301	77446	78608

Indian and Northern Affairs Canada
12 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
1	50979	52152	52934	53728	54534
2	53482	54712	55533	56366	57211
3	55982	57270	58129	59001	59886
4	58477	59822	60719	61630	62554
5	60972	62374	63310	64260	65224
6	63475	64935	65909	66898	67901
7	65971	67488	68500	69528	70571
8	68469	70044	71095	72161	73243
9	70966	72598	73687	74792	75914
10	73469	75159	76286	77430	78591
11	75967	77714	78880	80063	81264

Annex "A1-2"

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Ontario

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
0	35533	36350	36895	37448	38010
1	38375	39258	39847	40445	41052
2	40478	41409	42030	42660	43300
3	42582	43561	44214	44877	45550
4	44683	45711	46397	47093	47799
5	46784	47860	48578	49307	50047
6	48886	50010	50760	51521	52294
7	50988	52161	52943	53737	54543
8	53090	54311	55126	55953	56792
9	55196	56466	57313	58173	59046
10	57292	58610	59489	60381	61287

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
0	40348	41276	41895	42523	43161
1	43575	44577	45246	45925	46614
2	45882	46937	47641	48356	49081
3	48180	49288	50027	50777	51539
4	50481	51642	52417	53203	54001
5	52790	54004	54814	55636	56471
6	55092	56359	57204	58062	58933
7	57392	58712	59593	60487	61394
8	59697	61070	61986	62916	63860
9	61997	63423	64374	65340	66320
10	64296	65775	66762	67763	68779

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
0	42218	43189	43837	44495	45162
1	45596	46645	47345	48055	48776
2	47912	49014	49749	50495	51252
3	50226	51381	52152	52934	53728
4	52543	53751	54557	55375	56206
5	54862	56124	56966	57820	58687
6	57173	58488	59365	60255	61159
7	59494	60862	61775	62702	63643
8	61811	63233	64181	65144	66121
9	64122	65597	66581	67580	68594
10	66450	67978	68998	70033	71083

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
0	45542	46589	47288	47997	48717
1	49186	50317	51072	51838	52616
2	52082	53280	54079	54890	55713
3	54990	56255	57099	57955	58824
4	57893	59225	60113	61015	61930
5	60798	62196	63129	64076	65037
6	63699	65164	66141	67133	68140
7	66602	68134	69156	70193	71246
8	69635	71237	72306	73391	74492
9	72398	74063	75174	76302	77447
10	75310	77042	78198	79371	80562

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Alberta

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)

Teaching Experience	Level 3	1/7/07	1/7/08	1/7/09	1/7/10
0	35951	36778	37330	37890	38458
1	39546	40456	41063	41679	42304
2	41661	42619	43258	43907	44566
3	43778	44785	45457	46139	46831
4	45886	46941	47645	48360	49085
5	48001	49105	49842	50590	51349
6	50117	51270	52039	52820	53612
7	52226	53427	54228	55041	55867
8	54343	55593	56427	57273	58132
9	56450	57748	58614	59493	60385

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)

Teaching Experience	Level 4	1/7/07	1/7/08	1/7/09	1/7/10
0	41586	42542	43180	43828	44485
1	45745	46797	47499	48211	48934
2	48268	49378	50119	50871	51634
3	50799	51967	52747	53538	54341
4	53331	54558	55376	56207	57050
5	55865	57150	58007	58877	59760
6	58393	59736	60632	61541	62464
7	60926	62327	63262	64211	65174
8	63452	64911	65885	66873	67876
9	65986	67504	68517	69545	70588
10	68513	70089	71140	72207	73290

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)

Teaching Experience	Level 5	1/7/07	1/7/08	1/7/09	1/7/10
0	43867	44876	45549	46232	46925
1	48254	49364	50104	50856	51619
2	50813	51982	52762	53553	54356
3	53373	54601	55420	56251	57095
4	55933	57219	58077	58948	59832
5	58502	59848	60746	61657	62582
6	61061	62465	63402	64353	65318
7	63620	65083	66059	67050	68056
8	66177	67699	68714	69745	70791
9	68743	70324	71379	72450	73537
10	71299	72939	74033	75143	76270

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)

Teaching Experience	Level 6	1/7/07	1/7/08	1/7/09	1/7/10
0	46469	47538	48251	48975	49710
1	51117	52293	53077	53873	54681
2	53673	54907	55731	56567	57416
3	56239	57532	58395	59271	60160
4	58796	60148	61050	61966	62895
5	61359	62770	63712	64668	65638
6	63917	65387	66368	67364	68374
7	66482	68011	69031	70066	71117
8	69038	70626	71685	72760	73851
9	71600	73247	74346	75461	76593
10	74167	75873	77011	78166	79338

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Ontario

Table Legend

• $) Effective July 1st, 2006
• A) Effective July 1st, 2007
• B) Effective July 1st, 2008
• C) Effective July 1st, 2009
• D) Effective July 1st, 2010

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Alberta

Table Legend

• $) Effective July 1st, 2006
• A) Effective July 1st, 2007
• B) Effective July 1st, 2008
• C) Effective July 1st, 2009
• D) Effective July 1st, 2010

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Ontario

Table Legend

• $) Effective July 1st, 2006
• A) Effective July 1st, 2007
• B) Effective July 1st, 2008
• C) Effective July 1st, 2009
• D) Effective July 1st, 2010

---

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Alberta

Table Legend

• $) Effective July 1st, 2006
• A) Effective July 1st, 2007
• B) Effective July 1st, 2008
• C) Effective July 1st, 2009
• D) Effective July 1st, 2010

**ED-EST Sub-Group Pay Notes

1. Any service rendered by an employee on duties classified in the Education (ED) group shall be used in determining the employee's increment step on the EST pay grids.

2. An employee is entitled to be paid at the rate of pay on the pay grid for the appropriate region set forth in Schedules "A1", "A1-1" or "A1-2" as determined by his or her education, professional certification and experience. In addition, employees at these levels are entitled to the appropriate allowance provided in Article 50.

3. The rates of pay in Appendix "A1", "A1-1" and "A1-2" shall be implemented as indicated therein.

4. A teacher in the Department of Indian and Northern Affairs Canada who commences a new school year in the month of July or the month of August is entitled to be paid from the commencement of his or her school year at the rate of pay that becomes effective at the commencement of the school year, including the applicable increment provided he or she has given satisfactory service.

5. The Employer will pay teachers of INAC on a semi-monthly basis.

6. Notwithstanding Pay Note 2, an employee on a twelve (12) month work year in Correctional Service of Canada, Department of National Defence Canada or Transport Canada is entitled to be paid for services rendered at rates of pay which are higher by twenty per cent (20%) than the rates of pay on the appropriate education experience grid set forth in Schedule "A1", and if applicable, the allowances set forth in Article 49.

7. Rates of Pay on Promotion, Transfer or Demotion of an Employee

Explanatory Note

8. The following qualifications are required for placement of an employee at the various levels of the teachers' education-experience grid:

Teaching Certificate

Teaching Certificate plus one (1) additional year of teacher education.

Teaching Certificate plus two (2) additional years of teacher education.

Teaching Certificate plus three (3) additional years of teacher education

Teaching Certificate plus four (4) additional years of teacher education

Teaching Certificate plus five (5) additional years of teacher education

9. This applies to teachers in the Department of Indian and Northern Affairs. The following professional certification and academic qualifications are required for placement of an employee at the various levels of the principals and vice-principals education-experience grid:

Vice-Principal and Principal Professional Certification

Employees appointed to school leadership positions must hold current teacher certification issued by the Ministry of Education, Department of Education or the College of Teachers of the province in which the school is located and should have a provincial principal qualification in province, territory, or provincial school unit within the geographic area where such is a requirement for vice-principals and principals employed by public school boards in elementary and secondary schools.

Vice-Principal and Principal Academic Qualifications

10. "Teacher Education" refers to successfully completed years of university study recognized by a Canadian university, or teacher training after matriculation which must include one year of study leading to the granting of a recognized teaching certificate. This clause does not apply to teachers on staff prior to the signing of this Agreement, unless a teacher requests a re-evaluation of his scholarity.

11. "Teaching Certificate" refers to successfully completed training to obtain a teaching certificate in an university and recognized by provincial authorities of the province, territory, or provincial school unit within the geographic area in which the school is located. In circumstances where the educational program leading to the granting of a teaching certificate is more than one-year, the additional year(s) will count towards teacher education.

12. For the purpose of the placement of an employee at a level on the teacher's education- experience grid, the Employer will give full credit for the years of teacher education, and teacher certificates recognized by provincial authorities of the province, territory, or provincial school unit within the geographic area in which the school is located.

13. Notwithstanding Pay Note 8, the placement of a Technical and Vocational Teacher employed at Correctional Service Canada (CSC) on the teachers education-experience grid will be according to a "Reference Grid" which provides level equivalencies between the ED-EST levels at CSC and those in provincial jurisdictions.

14. The Employer agrees that, where prior to December 29, 1998, Correctional Service of Canada has taken the initiative of placing an ED‑EST employee higher on the salary grid than the employee should have been placed, according to his or her qualifications as defined in the collective agreement at the time of such placement, this Correctional Service of Canada initiated placement will not be revisited.

15. Notwithstanding the preceding paragraph and other provisions of this agreement, where an employee has been placed on the grid at a higher level than warranted, the employee will not be able to avail himself or herself of the provisions governing the progression to a higher level on the salary grid until the employee meets the requirements of the level in which he or she is presently placed.

16. Where the Employer requests an evaluation of an employee's qualifications, the cost of the evaluation itself will be at the expense of the Employer, and any costs associated with supplying necessary documentation will be borne by the Employer. Where the evaluation is initiated by the employee, all costs will be borne by the employee.

17. It is the employee's responsibility to submit to the Employer within ninety (90) days following the date on which he or she enters the Public Service all documents that will establish his or her rate of pay. No retroactive changes shall be made to his or her rate of pay after the prescribed ninety (90) day deadline.

18. Credit for Previous Experience

Experience is recognized by the granting of one increment for each acceptable year of teaching or counselling experience prior to appointment to a position in the bargaining unit. A full year of experience is to be allowed for the following:

Previous Experience as a Teacher Aide

Upon appointment to the EST sub‑group, one half (1/2) of the service gained in a classroom as a teacher aide shall be recognized in determining the employee's increment step on the EST pay grid.

Previous Experience ‑ Vocational Teacher

19. Changes in Rates of Pay After Appointment

20. In applying the new rates of pay, an employee retains his step in the pay grid except as provided in Note 19 above.

21. An employee who does not meet the requirements of Level One is placed at the step corresponding to his or her experience and is given the rate of pay of Level One minus five hundred dollars ($500.00).

22. Notwithstanding Pay Note 2, a part-time employee who works during the school year, as defined in clause 44.01, is granted an annual increment when he or she has received pay equivalent to six (6) months of work as a full-time employee. In order to benefit from subsequent increments, an employee must have received pay equivalent to the number of days of work of a full-time employee as prescribed in clause 44.01.

23. Where an existing employee would be negatively impacted by placement on the Education-Experience grid, under the changes to the pay notes, he or she would be salary protected at their current level.

Annex "A2"

Language Teaching Sub-Group (ED-LAT)
Annual Rates of Pay
(in dollars)

The salary to be paid employees at levels ED-LAT-01 and 02 shall be determined as follows:

ED‑LAT Sub-Group Pay Notes

1. Any service rendered by an employee on duties classified in the Education (ED) group shall be used in determining the employee's increment step on the LAT pay grids.

2. An employee is entitled to be paid at the rate of pay on the pay grid set forth in Appendix "A2" as determined by his or her education and experience.

3. Changes in Rates of Pay

4. Education Levels

5. Experience

6. Miscellaneous

Teacher Education, for the purposes of this pay plan, means education certified by an employer-recognized organization and shall consist of any one or combination of the following:

7. An employee appointed to a position in the Language‑Teaching Sub‑Group prior to November 22, 1988 will not have his or her Education Level lowered solely by the application of pay notes 4 and 6 to Annex "A2".otes 4 and 6 to Annex "A2".

This provision will cease to apply to an employee when he or she leaves the Language Teaching Sub-Group.

Annex "A3"

Education Services Sub-Group (ED-EDS)
Annual Rates of Pay
(in dollars)

Table Legend

• $) Effective July 1st, 2006
• A) Effective July 1st, 2007
• B) Effective July 1st, 2008
• C) Effective July 1st, 2009
• D) Effective July 1st, 2010

ED-EDS Sub-Group Pay Notes

1. The pay increment date of an employee shall be the anniversary of his or her appointment.

Annex "A4"

Library Science Group
Annual Rates of Pay
(in dollars)

Table Legend

• $) Effective July 1, 2006
• A) Effective July 1, 2007
• B) Effective July 1, 2008
• C) Effective July 1, 2009
• D) Effective July 1, 2010

LS-1 - Annual Rates of Pay (in dollars)

Effective Date	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8
$ July 1, 2006	49972	51521	53069	54618	56163	57714	59261	60809
A) July 1, 2007	51121	52706	54290	55874	57455	59041	60624	62208
B) July 1, 2008	51888	53497	55104	56712	58317	59927	61533	63141
C) July 1, 2009	52666	54299	55931	57563	59192	60826	62456	64088
D) July 1, 2010	53456	55113	56770	58426	60080	61738	63393	65049

LS Group Pay Notes

General

1. The pay increment period for an employee is twelve (12) months.

2. For the purpose of administering General Pay Note 1 above, the pay increment date for an employee, appointed on or after November 27, 1980, to a position in the bargaining unit upon promotion, demotion, or from outside the public service, 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 November 27, 1980 remains unchanged.

Annex "A5"

Educational Support Group (EU)
Annual Rates of Pay
(in dollars)

Table Legend

• $) Effective July 1, 2006
• A) Effective July 1, 2007
• B) Effective July 1, 2008
• C) Effective July 1, 2009
• D) Effective July 1, 2010

EU Group Pay Notes

Language Instructor and Physical Education

1. Pay increment date of an employee shall be the anniversary date of the employee's appointment.

2. The pay increment period for an employee is twelve (12) months.

Teacher Aides

3. An employee on a twelve (12) month work year is entitled to be paid for services rendered at rates of pay which are higher, by twenty per cent (20%), than the rates of pay on the pay scale as set forth in Appendix "A".

4. The Employer will continue the present practice of paying employees of the Department of Indian and Northern Affairs on a bi‑monthly basis, with one (1) pay cheque in July and August.

5. An employee in the Department of Indian and Northern Affairs who commences a new school year in the month of July or the month of August is entitled to be paid from the commencement of the employee's school year at the rate of pay that becomes on the commencement of the following school year.

6. Changes in Rates of Pay after Appointment

(a) After appointment, an employee on a school year will be granted annual increments on the commencement of the following school year provided the employee has received pay for at least six months since the last increment or since appointment.

(b) Subject to satisfactory performance of duties, an employee on a twelve (12) month work year will be granted annual increments on the anniversary date of the employee's most recent appointment.

7. No employee will receive a rate of pay lower than the rate of pay he or she was receiving when, by mutual agreement, the employee is transferred from one region to another during the school year. The higher rate of pay will be paid for the remainder of that school year only. Should the rate of pay in the new region be higher, the higher rate will apply.

8. The salary to be paid to employees in the Teacher Aides Sub‑group shall be the rate in the scale for the appropriate region.

Appendix "B"

Workforce Adjustment

Table of Contents

General

Part I: Roles and Responsibilities

Part II: Official Notification

Part III: Relocation of a Work Unit

Part IV: Retraining

Part V: Salary Protection

Part VI: Options for Employees

Part VII: Special Provisions Regarding Alternative Delivery Initiatives

Annex A: Statement of Pension Principles

Annex B Transition Support Measure (TSM)

**Annex C - Role of PSC in Administering Surplus and Lay-Off Priority Entitlements

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General

Application

This Appendix applies to all employees. Unless explicitly specified, the provisions contained in Parts I to VI do not apply to alternative delivery initiatives.

Collective Agreement

With the exception of those provisions for which the Public Service Commission (PSC) is responsible, this Appendix is part of this Agreement.

Notwithstanding the Job Security Article, in the event of conflict between the present Workforce Adjustment Appendix and that Article, the present Workforce Adjustment Appendix will take precedence.

Objectives

It is the policy of the Employer to maximize employment opportunities for indeterminate employees affected by workforce adjustment situations, primarily through ensuring that, wherever possible, alternative employment opportunities are provided to them. This should not be construed as the continuation of a specific position or job but rather as continued employment.

To this end, every indeterminate employee whose services will no longer be required because of a workforce adjustment situation and for whom the deputy head knows or can predict that employment will be available will receive a guarantee of a reasonable job offer within the Core Public Administration. Those employees for whom the deputy head cannot provide the guarantee will have access to transitional employment arrangements (as per Parts VI and VII).

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Definitions

Accelerated lay-off (mise en disponibilité accélérée)—occurs when a surplus employee makes a request to the deputy head, in writing, to be laid off at an earlier date than that originally scheduled, and the deputy head concurs. Lay-off entitlements begin on the actual date of lay-off.

Affected employee (employé-e touché)—is an indeterminate employee who has been informed in writing that his or her services may no longer be required because of a workforce adjustment situation.

Alternation (échange de postes)—occurs when an opting employee (not a surplus employee) who wishes to remain in the Core Public Administration exchanges positions with a non-affected employee (the alternate) willing to leave the Core Public Administration with a transition support measure or with an education allowance.

Alternative delivery initiative (diversification des modes de prestation des services)—is the transfer of any work, undertaking or business of the Core Public Administration to any body or corporation that is a separate agency or that is outside the Core Public Administration.

Appointing department or organization (ministère ou organisation d'accueil)—is a department or organization which has agreed to appoint or consider for appointment (either immediately or after retraining) a surplus or a laid-off person.

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Core Public Administration (Administration publique centrale)—means that part of the public service in or under any department or organization, or other portion of the federal public administration specified in Schedules I and IV to the Financial Administration Act (FAA) for which the PSC has the sole authority to appoint.

Deputy head (administrateur général)—has the same meaning as in the definition of "deputy head" set out in section 2 of the Public Service Employment Act, and also means his or her official designate.

**

Education allowance (indemnité d'études)—is one of the options provided to an indeterminate employee affected by normal workforce adjustment for whom the deputy head cannot guarantee a reasonable job offer. The education allowance is a cash payment equivalent to the transition support measure (see Annex B), plus a reimbursement of tuition from a recognized learning institution and book and mandatory equipment costs, up to a maximum of ten thousand dollars ($10000).

Guarantee of a reasonable job offer (garantie d'une offre d'emploi raisonnable)—is a guarantee of an offer of indeterminate employment within the Core Public Administration provided by the deputy head to an indeterminate employee who is affected by workforce adjustment. Deputy heads will be expected to provide a guarantee of a reasonable job offer to those affected employees for whom they know or can predict that employment will be available in the Core Public Administration. Surplus employees in receipt of this guarantee will not have access to the options available in Part VI of this Appendix.

Home department or organization (ministère ou organisation d'attache)—is a department or organization declaring an individual employee surplus.

Laid-off person (personne mise en disponibilité)—is a person who has been laid off pursuant to subsection 64(1) of the PSEA and who still retains an appointment priority under subsection 41(4) and section 64 of the PSEA.

Lay-off notice (avis de mise en disponibilité)—is a written notice of lay-off to be given to a surplus employee at least one (1) month before the scheduled lay-off date. This period is included in the surplus period.

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Lay-off priority (priorité de mise en disponibilité)—a person who has been laid off is entitled to a priority, in accordance with subsection 41(5) of the PSEA with respect to any position to which the PSC is satisfied that the person meets the essential qualifications; the period of entitlement to this priority is one (1) year as set out in Section 11 of the PSER.

Opting employee (employé-e optant)—is an indeterminate employee whose services will no longer be required because of a workforce adjustment situation, who has not received a guarantee of a reasonable job offer from the deputy head and who has one hundred and twenty (120) days to consider the options in section 6.3 of this Appendix.

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Organization (organisation)—Any Board, Agency, Commission or other body, specified in Schedules I and IV of the Financial Administration Act (FAA), that is not a department.

Pay (rémunération)—has the same meaning as "rate of pay" in this Agreement.

Priority Information Management System (système de gestion de l'information sur les priorités)—is a system designed by the PSC to facilitate appointments of individuals entitled to statutory and regulatory priorities.

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Reasonable job offer (offre d'emploi raisonnable)—is an offer of indeterminate employment within the Core Public Administration, normally at an equivalent level, but which could include lower levels. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee's headquarters as defined in the Travel Directive. In alternative delivery situations, a reasonable offer is one that meets the criteria set out under Type 1 and Type 2 in Part VII of this Appendix. A reasonable job offer is also an offer from a FAA Schedule V employer, providing that:

(a) The appointment is at a rate of pay and an attainable salary maximum not less than the employee's current salary and attainable maximum that would be in effect on the date of offer.

(b) It is a seamless transfer of all employee benefits including a recognition of years of service for the definition of continuous employment and accrual of benefits, including the transfer of sick leave credits, severance pay and accumulated vacation leave credits.

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Reinstatement priority (priorité de réintégration)—is an entitlement provided to surplus employees and laid-off persons who are appointed or deployed to a position in the federal public administration at a lower level. As per section 10 of the PSER, the entitlement lasts for one (1) year.

Relocation (réinstallation)—is the authorized geographic move of a surplus employee or laid-off person from one place of duty to another place of duty located beyond what, according to local custom, is a normal commuting distance.

Relocation of work unit (réinstallation d'une unité de travail)—is the authorized move of a work unit of any size to a place of duty located beyond what, according to local custom, is normal commuting distance from the former work location and from the employee's current residence.

Retraining (recyclage)—is on-the-job training or other training intended to enable affected employees, surplus employees and laid-off persons to qualify for known or anticipated vacancies within the Core Public Administration.

Surplus employee (employé-e excédentaire)—is an indeterminate employee who has been formally declared surplus, in writing, by his or her deputy head.

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Surplus priority (priorité d'employé-e excédentaire)—is an entitlement for a priority in appointment accorded in accordance with section 5 of the PSER and pursuant to section 40 of the PSEA; this entitlement is provided to surplus employees to be appointed in priority to another position in the federal public administration for which they meet the essential requirements.

Surplus status (statut d'employé-e excédentaire)—An indeterminate employee has surplus status from the date he or she is declared surplus until the date of lay-off, until he or she is indeterminately appointed to another position, until his or her surplus status is rescinded, or until the person resigns.

Transition support measure (mesure de soutien à la transition)—is one of the options provided to an opting employee for whom the deputy head cannot guarantee a reasonable job offer. The transition support measure is a cash payment based on the employee's years of continuous employment, as per Annex B.

Twelve (12) month surplus priority period in which to secure a reasonable job offer (priorité d'employé-e excédentaire d'une durée de douze (12) mois pour trouver une offre d'emploi raisonnable)—is one of the options provided to an opting employee for whom the deputy head cannot guarantee a reasonable job offer.

Workforce adjustment (réaménagement des effectifs)—is a situation that occurs when a deputy head decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of a lack of work, the discontinuance of a function, a relocation in which the employee does not wish to participate or an alternative delivery initiative.

Authorities

The PSC has endorsed those portions of this Appendix for which it has responsibility.

Monitoring

Departments or organizations shall retain central information on all cases occurring under this Appendix, including the reasons for the action; the number, occupational groups and levels of employees concerned; the dates of notice given; the number of employees placed without retraining; the number of employees retrained (including number of salary months used in such training); the levels of positions to which employees are appointed and the cost of any salary protection; and the number, types and amounts of lump sums paid to employees.

This information will be used by the Treasury Board Secretariat to carry out its periodic audits.

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References

The primary references for the subject of workforce adjustment are as follows:

Canada Labour Code, Part I

Financial Administration Act

Pay Rate Selection (Treasury Board Homepage, Organization, Human Resource Management, Compensation and Pay Administration)

Values and Ethics Code for the Public Service, Chapter 3: Post-Employment Measures

Employer regulation on promotion

Policy on Termination of Employment in Alternative Delivery Situations (Treasury Board Manual, Human Resources volume, Chapter 1-13)

Public Service Employment Act

Public Service Employment Regulations

Public Service Labour Relations Act

Public Service Superannuation Act

NJC Integrated Relocation Directive

Travel Directive

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Enquiries

Enquiries about this Appendix should be referred to the Alliance or to the responsible officers in departmental or organizational headquarters.

Responsible officers in departmental or organizational headquarters may, in turn, direct questions regarding the application of this Appendix to the Senior Director, Excluded Groups and Administrative Policies, Labour Relations and Compensation Operations, Treasury Board Secretariat.

Enquiries by employees pertaining to entitlements to a priority in appointment or to their status in relation to the priority appointment process should be directed to their departmental or organizational human resource advisors or to the Priority Advisor of the PSC responsible for their case.

Part I
Roles and responsibilities

1.1 Departments or Organizations

1.1.1 Since indeterminate employees who are affected by workforce adjustment situations are not themselves responsible for such situations, it is the responsibility of departments or organizations to ensure that they are treated equitably and, whenever possible, given every reasonable opportunity to continue their careers as public service employees.

1.1.2 Departments or organizations shall carry out effective human resource planning to minimize the impact of workforce adjustment situations on indeterminate employees, on the department or organization, and on the public service.

1.1.3 Departments or organizations shall establish workforce adjustment committees, where appropriate, to manage the workforce adjustment situations within the department or organization.

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1.1.4 Departments or organizations shall, as the home department or organization, cooperate with the PSC and appointing departments or organizations in joint efforts to redeploy departmental or organizational surplus employees and laid-off persons.

1.1.5 Departments or organizations shall establish systems to facilitate redeployment or retraining of their affected employees, surplus employees, and laid-off persons.

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1.1.6 When a deputy head determines that the services of an employee are no longer required beyond a specified date due to lack of work or discontinuance of a function, the deputy head shall advise the employee, in writing, that his or her services will no longer be required.

Such a communication shall also indicate if the employee:

(a) is being provided with a guarantee from the deputy head that a reasonable job offer will be forthcoming and that the employee will have surplus status from that date on;

or

(b) is an opting employee and has access to the options set out in section 6.3 of this Appendix because the employee is not in receipt of a guarantee of a reasonable job offer from the deputy head.

Where applicable, the communication should also provide the information relative to the employee's possible lay-off date.

1.1.7 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those employees subject to workforce adjustment for whom they know or can predict that employment will be available in the Core Public Administration.

1.1.8 Where a deputy head cannot provide a guarantee of a reasonable job offer, the deputy head will provide one hundred and twenty (120) days to consider the three options outlined in Part VI of this Appendix to all opting employees before a decision is required of them. If the employee fails to select an option, the employee will be deemed to have selected Option (a), twelve (12) month surplus priority period in which to secure a reasonable job offer.

1.1.9 The deputy head shall make a determination to provide either a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix upon request by any indeterminate affected employee who can demonstrate that his or her duties have already ceased to exist.

1.1.10 Departments or organizations shall send written notice to the PSC of an employee's surplus status, and shall send to the PSC such details, forms, resumes, and other material as the PSC may from time to time prescribe as necessary for it to discharge its function.

1.1.11 Departments or organizations shall advise and consult with the Alliance representatives as completely as possible regarding any workforce adjustment situation as soon as possible after the decision has been made and throughout the process and will make available to the Alliance the name and work location of affected employees.

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1.1.12 The home department or organization shall provide the PSC with a statement that it would be prepared to appoint the surplus employee to a suitable position in the department or organization commensurate with his or her qualifications if such a position were available.

1.1.13 Departments or organizations shall provide the employee with the official notification that he or she has become subject to a workforce adjustment and shall remind the employee that Appendix D, Workforce Adjustment, of this Agreement applies.

1.1.14 Deputy heads shall apply this Appendix so as to keep actual involuntary lay-offs to a minimum, and a lay-off shall normally occur only when an individual has refused a reasonable job offer, is not mobile, cannot be retrained within two (2) years, or is laid off at his or her own request.

1.1.15 Departments or organizations are responsible for counselling and advising their affected employees on their opportunities for finding continuing employment in the public service.

1.1.16 Appointment of surplus employees to alternative positions with or without retraining shall normally be at a level equivalent to that previously held by the employee, but this does not preclude appointment to a lower level. Departments or organizations shall avoid appointment to a lower level except where all other avenues have been exhausted.

1.1.17 Home departments or organizations shall appoint as many of their own surplus employees or laid-off persons as possible or identify alternative positions (both actual and anticipated) for which individuals can be retrained.

1.1.18 Home departments or organizations shall relocate surplus employees and laid-off individuals, if necessary.

1.1.19 Relocation of surplus employees or laid-off persons shall be undertaken when the individuals indicate that they are willing to relocate and relocation will enable their redeployment or reappointment, provided that:

(a) there are no available priority persons, or priority persons with a higher priority, qualified and interested in the position being filled;

or

(b) there are no available local surplus employees or laid-off persons who are interested and who could qualify with retraining.

1.1.20 The cost of travelling to interviews for possible appointments and of relocation to the new location shall be borne by the employee's home department or organization. Such cost shall be consistent with the Travel Directive and NJC Integrated Relocation Directive.

1.1.21 For the purposes of the NJC Integrated Relocation Directive, surplus employees and laid-off persons who relocate under this Appendix shall be deemed to be employees on employer-requested relocations. The general rule on minimum distances for relocation applies.

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1.1.22 For the purposes of the Travel Directive, a laid-off persons travelling to interviews for possible reappointment to the Core Public Administration are deemed to be a "traveller" as defined in the Travel Directive.

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1.1.23 For the surplus and/or lay-off priority periods, home departments or organizations shall pay the salary, salary protection and/or termination costs as well as other authorized costs such as tuition, travel, relocation and retraining for surplus employees and laid-off persons, as provided for in this Agreement and the various directives unless the appointing department or organization is willing to absorb these costs in whole or in part.

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1.1.24 Where a surplus employee is appointed by another department or organization to a term position, the home department or organization is responsible for the costs above for one (1) year from the date of such appointment, unless the home department or organization agree to a longer period, after which the appointing department or organization becomes the new home department or organization consistent with PSC authorities.

1.1.25 Departments or organizations shall protect the indeterminate status and surplus priority of a surplus indeterminate employee appointed to a term position under this Appendix.

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1.1.26 Departments or organizations shall inform the PSC in a timely fashion, and in a method directed by the PSC, of the results of all referrals made to them under this Appendix.

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1.1.27 Departments or organizations shall review the use of private temporary agency personnel, consultants, contractors, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, departments or organizations shall refrain from re-engaging such temporary agency personnel, consultants or contractors or renewing the employment of such employees referred to above where this will facilitate the appointment of surplus employees or laid-off persons.

1.1.28 Nothing in the foregoing shall restrict the Employer's right to engage or appoint persons to meet short-term, non-recurring requirements. Surplus and laid-off persons shall be given priority even for these short-term work opportunities.

1.1.29 Departments or organizations may lay off an employee at a date earlier than originally scheduled when the surplus employee so requests in writing.

1.1.30 Departments or organizations acting as appointing departments or organizations shall cooperate with the PSC and other departments or organizations in accepting, to the extent possible, affected, surplus and laid-off persons from other departments or organizations for appointment or retraining.

1.1.31 Departments or organizations shall provide surplus employees with a lay-off notice at least one (1) month before the proposed lay-off date if appointment efforts have been unsuccessful.

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1.1.32 When a surplus employee refuses a reasonable job offer, he or she shall be subject to lay-off one (1) month after the refusal, but not before six (6) months have elapsed since the surplus declaration date. The provisions of Annex C of this Appendix shall continue to apply.

1.1.33 Departments or organizations are to presume that each employee wishes to be redeployed unless the employee indicates the contrary in writing.

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1.1.34 Departments or organizations shall inform and counsel affected and surplus employees as early and as completely as possible and, in addition, shall assign a counsellor to each opting and surplus employee and laid-off person, to work with him or her throughout the process. Such counselling is to include explanations and assistance concerning:

(a) the workforce adjustment situation and its effect on that individual;

(b) the Workforce Adjustment Appendix;

(c) the PSC's Priority Information Management System and how it works from the employee's perspective;

(d) preparation of a curriculum vitae or resumé;

(e) the employee's rights and obligations;

(f) the employee's current situation (e.g. pay, benefits such as severance pay and superannuation, classification, language rights, years of service);

(g) alternatives that might be available to the employee (alternation, appointment, relocation, retraining, lower-level employment, term employment, retirement including the possibility of waiver of penalty if entitled to an annual allowance, transition support measure, education allowance, pay in lieu of unfulfilled surplus period, resignation, accelerated lay-off);

(h) the likelihood that the employee will be successfully appointed;

(i) the meaning of a guarantee of a reasonable job offer, a twelve (12) month surplus priority period in which to secure a reasonable job offer, a transition support measure and an education allowance;

(j) the Human Resources Centres and their services (including a recommendation that the employee register with the nearest office as soon as possible);

(k) preparation for interviews with prospective employers;

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(l) feedback when an employee is not offered a position for which he or she was referred;

(m) repeat counselling as long as the individual is entitled to a staffing priority and has not been appointed;

and

(n) advising the employee that refusal of a reasonable job offer will jeopardize both chances for retraining and overall employment continuity.

1.1.35 The home departments or organizations shall ensure that, when it is required to facilitate appointment, a retraining plan is prepared and agreed to in writing by it, the employee and the appointing department or organization.

1.1.36 Severance pay and other benefits flowing from other clauses in this Agreement are separate from and in addition to those in this Appendix.

1.1.37 Any surplus employee who resigns under this Appendix shall be deemed, for purposes of severance pay and retroactive remuneration, to be involuntarily laid off as of the day on which the deputy head accepts in writing the employee's resignation.

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1.1.38 The department or organization will review the status of each affected employee annually, or earlier, from the date of initial notification of affected status and determine whether the employee will remain on affected status or not.

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1.1.39 The department or organization will notify the affected employee' in writing, within five (5) working days of the decision pursuant to subsection 1.1.38.

1.2 Treasury Board Secretariat

1.2.1 It is the responsibility of the Treasury Board Secretariat to:

(a) investigate and seek to resolve situations referred by the PSC or other parties;

(b) consider departmental or organizational requests for retraining resources.

and

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(c) ensure that departments or organizations are provided to the extent possible with information on occupations for which there are skill shortages.

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1.3 Public Service Commission

1.3.1 Within the context of work force adjustment, and the Public Service Commission's (PSC) governing legislation, it is the responsibility of the PSC to:

(a) ensure that priority entitlements are respected;

(b)  ensure that a means exists for priority persons to be assessed against vacant positions and appointed if found qualified against the essential qualifications of the position; and

(c)  ensure that priority persons are provided with information on their priority entitlements.

1.3.2 The PSC will, in accordance with the Privacy Act:

(a) provide the Treasury Board Secretariat with information related to the administration of priority entitlements which may reflect on departments' or organizations' level of compliance with this directive, and;

(b) provide information to the bargaining agents on the numbers and status of their members in the Priority Information Management System, as well as information on the overall system.

1.3.3 The PSC's roles and responsibilities flow from its governing legislation, not the collective agreement. As such, any changes made to these roles/responsibilities must be agreed upon by the Commission. For greater detail on the PSC's role in administering surplus and lay-off priority entitlements, refer to Annex C of this Appendix.

1.4 Employees

1.4.1 Employees have the right to be represented by the Alliance in the application of this Appendix.

1.4.2 Employees who are directly affected by workforce adjustment situations and who receive a guarantee of a reasonable job offer or opt, or are deemed to have opted, for Option (a) of Part VI of this Appendix are responsible for:

(a) actively seeking alternative employment in cooperation with their departments or organizations and the PSC, unless they have advised the department or organization and the PSC, in writing, that they are not available for appointment;

(b) seeking information about their entitlements and obligations;

(c) providing timely information (including curricula vitae or resumés) to the home department or organization and to the PSC to assist them in their appointment activities;

(d) ensuring that they can be easily contacted by the PSC and appointing departments or organizations, and attending appointments related to referrals;

(e) seriously considering job opportunities presented to them (referrals within the home department or organization, referrals from the PSC, and job offers made by departments or organizations), including retraining and relocation possibilities, specified period appointments and lower-level appointments.

1.4.3 Opting employees are responsible for:

(a) considering the options in Part VI of this Appendix;

(b) communicating their choice of options, in writing, to their manager no later than one hundred and twenty (120) days after being declared opting.

Part II
Official Notification

2.1 Department or Organization

2.1.1 As already mentioned in 1.1.11, departments or organizations shall advise and consult with the bargaining agent representatives as completely as possible regarding any workforce adjustment situation as soon as possible after the decision has been made and throughout the process, and will make available to the bargaining agent the name and work location of affected employees.

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2.1.2 In any workforce adjustment situation which is likely to involve ten (10) or more indeterminate employees covered by this Appendix, the department or organizations concerned shall notify the Treasury Board Secretariat, in confidence, at the earliest possible date and under no circumstances less than four (4) working days before the situation is announced.

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2.1.3 Prior to notifying any potentially affected employee, departments or organizations shall also notify the Chief Executive Officer of the Alliance. Such notification is to be in writing, in confidence and at the earliest possible date and under no circumstances less than two (2) working days before any employee is notified of the workforce adjustment situation.

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2.1.4 Such notification will include the identity and location of the work unit(s) involved, the expected date of the announcement, the anticipated timing of the workforce adjustment situation and the number, group and level of the employees who are likely to be affected by the decision.

Part III
Relocation of a Work Unit

3.1 General

3.1.1 In cases where a work unit is to be relocated, departments or organizations shall provide all employees whose positions are to be relocated with the opportunity to choose whether they wish to move with the position or be treated as if they were subject to a workforce adjustment situation.

3.1.2 Following written notification, employees must indicate, within a period of six (6) months, their intention to move. If the employee's intention is not to move with the relocated position, the deputy head can provide the employee with either a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix.

3.1.3 Employees relocating with their work units shall be treated in accordance with the provisions of 1.1.18 to 1.1.22.

3.1.4 Although departments or organizations will endeavour to respect employee location preferences, nothing precludes the department or organization from offering a relocated position to an employee in receipt of a guarantee of a reasonable job offer from his or her deputy head, after having spent as much time as operations permit looking for a reasonable job offer in the employee's location preference area.

3.1.5 Employees who are not in receipt of a guarantee of a reasonable job offer shall become opting employees and have access to the options in Part VI of this Appendix.

Part IV
Retraining

4.1 General

4.1.1 To facilitate the redeployment of affected employees, surplus employees and laid-off persons, departments or organizations shall make every reasonable effort to retrain such persons for:

(a) existing vacancies;

or

(b) anticipated vacancies identified by management.

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4.1.2  It is the responsibility of the employee, home department or organization and appointing department or organization to identify retraining opportunities pursuant to subsection 4.1.1.

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4.1.3  When a retraining opportunity has been identified, the deputy head of the home department or organization shall approve up to two (2) years of retraining.

4.2 Surplus Employees

4.2.1 A surplus employee is eligible for retraining, provided that:

(a) retraining is needed to facilitate the appointment of the individual to a specific vacant position or will enable the individual to qualify for anticipated vacancies in occupations or locations where there is a shortage of qualified candidates;

and

(b) there are no other available priority persons who qualify for the position.

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4.2.2 The home department or organization is responsible for ensuring that an appropriate retraining plan is prepared and is agreed to in writing by the employee and the delegated officers of the home and appointing departments or organization. The home department or organization is responsible for informing the employee in a timely fashion if a retraining proposal submitted by the employee is not approved. Upon request of the employee, feedback regarding the decision will be provided in writing.

4.2.3 Once a retraining plan has been initiated, its continuation and completion are subject to satisfactory performance by the employee.

4.2.4 While on retraining, a surplus employee continues to be employed by the home department or organization and is entitled to be paid in accordance with his or her current appointment unless the appointing department or organization is willing to appoint the employee indeterminately, on condition of successful completion of retraining, in which case the retraining plan shall be included in the letter of offer.

4.2.5 When a retraining plan has been approved and the surplus employee continues to be employed by the home department or organization, the proposed lay-off date shall be extended to the end of the retraining period, subject to 4.2.3.

4.2.6 An employee unsuccessful in retraining may be laid off at the end of the surplus period if the Employer has been unsuccessful in making the employee a reasonable job offer.

4.2.7 In addition to all other rights and benefits granted pursuant to this section, an employee who is guaranteed a reasonable job offer is also guaranteed, subject to the employee's willingness to relocate, training to prepare the surplus employee for appointment to a position pursuant to 4.1.1, such training to continue for one (1) year or until the date of appointment to another position, whichever comes first. Appointment to this position is subject to successful completion of the training.

4.3 Laid-off Persons

4.3.1 A laid-off person shall be eligible for retraining, provided that:

(a) retraining is needed to facilitate the appointment of the individual to a specific vacant position;

(b) the individual meets the minimum requirements set out in the relevant selection standard for appointment to the group concerned;

(c) there are no other available persons with priority who qualify for the position;

and

(d) the appointing department or organization cannot justify a decision not to retrain the individual.

4.3.2 When an individual is offered an appointment conditional on successful completion of retraining, a retraining plan shall be included in the letter of offer. If the individual accepts the conditional offer, he or she will be appointed on an indeterminate basis to the full level of the position after having successfully completed training and being assessed as qualified for the position. When an individual accepts an appointment to a position with a lower maximum rate of pay than the position from which he or she was laid off, the employee will be salary-protected in accordance with Part V.

Part V
Salary Protection

5.1 Lower-Level Position

5.1.1 Surplus employees and laid-off persons appointed to a lower-level position under this Appendix shall have their salary and pay equity equalization payments, if any, protected in accordance with the salary protection provisions of this Agreement or, in the absence of such provisions, the appropriate provisions of the Regulations Respecting Pay on Reclassification or Conversion.

5.1.2 Employees whose salary is protected pursuant to 5.1.1 will continue to benefit from salary protection until such time as they are appointed or deployed into a position with a maximum rate of pay that is equal to or higher than the maximum rate of pay of the position from which they were declared surplus or laid off.

Part VI
Options for Employees

6.1 General

6.1.1 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those affected employees for whom they know or can predict that employment will be available. A deputy head who cannot provide such a guarantee shall provide his or her reasons in writing, if so requested by the employee. Employees in receipt of this guarantee will not have access to the choice of options below.

6.1.2 Employees who are not in receipt of a guarantee of a reasonable job offer from their deputy head have one hundred and twenty (120) days to consider the three options below before a decision is required of them.

6.1.3 The opting employee must choose, in writing, one (1) of the three (3) options of section 6.3 of this Appendix within the one hundred and twenty (120) day window. The employee cannot change options once he or she has made a written choice.

6.1.4 If the employee fails to select an option, the employee will be deemed to have selected Option (a), twelve (12) month surplus priority period in which to secure a reasonable job offer, at the end of the one hundred and twenty (120) day window.

6.1.5 If a reasonable job offer which does not require relocation is made at any time during the one hundred and twenty (120) day opting period and prior to the written acceptance of the transition support measure (TSM) or education allowance option, the employee is ineligible for the TSM, the pay in lieu of unfulfilled surplus period or the education allowance.

6.2 Alternation

6.2.1 All departments or organizations must participate in the alternation process.

6.2.2 An alternation occurs when an opting employee who wishes to remain in the Core Public Administration exchanges positions with a non-affected employee (the alternate) willing to leave the Core Public Administration under the terms of Part VI of this Appendix.

6.2.3 Only an opting employee, not a surplus one, may alternate into an indeterminate position that remains in the Core Public Administration.

6.2.4 An indeterminate employee wishing to leave the Core Public Administration may express an interest in alternating with an opting employee. Management will decide, however, whether a proposed alternation is likely to result in retention of the skills required to meet the ongoing needs of the position and the Core Public Administration.

6.2.5 An alternation must permanently eliminate a function or a position.

6.2.6 The opting employee moving into the unaffected position must meet the requirements of the position, including language requirements. The alternate moving into the opting position must meet the requirements of the position except if the alternate will not be performing the duties of the position and the alternate will be struck off strength within five (5) days of the alternation.

6.2.7 An alternation should normally occur between employees at the same group and level. When the two (2) positions are not in the same group and at the same level, alternation can still occur when the positions can be considered equivalent. They are considered equivalent when the maximum rate of pay for the higher paid position is no more than six-per-cent (6%) higher than the maximum rate of pay for the lower-paid position.

6.2.8 An alternation must occur on a given date, that is, the two (2) employees must directly exchange positions on the same day. There is no provision in alternation for a "domino" effect or for "future considerations."

6.3 Options

6.3.1 Only opting employees who are not in receipt of the guarantee of a reasonable job offer from the deputy head will have access to the choice of options below:

(a)

or

(b) Transition support measure (TSM) is a cash payment, based on the employee's years of service in the public service (see Annex B), made to an opting employee. Employees choosing this option must resign but will be considered to be laid off for purposes of severance pay.

or

**

(c) Education allowance is a transition support measure (see Option (b) above) plus an amount of not more than ten thousand dollars ($10,000) for reimbursement of receipted expenses of an opting employee for tuition from a learning institution and costs of books and mandatory equipment. Employees choosing Option (c) could either:

6.3.2 Management will establish the departure date of opting employees who choose Option (b) or Option (c) above.

6.3.3 The TSM, pay in lieu of unfulfilled surplus period, and the education allowance cannot be combined with any other payment under the Workforce Adjustment Appendix.

6.3.4 In cases of pay in lieu of unfulfilled surplus period, Option (b) and Option (c)(i), the employee relinquishes any priority rights for reappointment upon the Employer's acceptance of his or her resignation.

6.3.5 Employees choosing Option (c)(ii) who have not provided their department or organization with a proof of registration from a learning institution twelve (12) months after starting their leave without pay period will be deemed to have resigned from the Core Public Administration and be considered to be laid off for purposes of severance pay.

**

6.3.6 All opting employees will be entitled to up to six hundred dollars ($600) towards counselling services in respect of their potential re-employment or retirement. Such counselling services may include financial and job placement counselling services.

6.3.7 An opting employee who has received a TSM, pay in lieu of unfulfilled surplus period, or an education allowance, and is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of such reappointment or hiring to the end of the original period for which the TSM or education allowance was paid.

6.3.8 Notwithstanding 6.3.7, an opting employee who has received an education allowance will not be required to reimburse tuition expenses and costs of books and mandatory equipment for which he or she cannot get a refund.

6.3.9 The deputy head shall ensure that pay in lieu of unfulfilled surplus period is only authorized where the employee's work can be discontinued on the resignation date and no additional costs will be incurred in having the work done in any other way during that period.

6.3.10 If a surplus employee who has chosen or is deemed to have chosen Option (a) refuses a reasonable job offer at any time during the twelve (12) month surplus priority period, the employee is ineligible for pay in lieu of unfulfilled surplus period.

6.3.11 Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied.

6.4 Retention Payment

6.4.1 There are three (3) situations in which an employee may be eligible to receive a retention payment. These are total facility closures, relocation of work units and alternative delivery initiatives.

6.4.2 All employees accepting retention payments must agree to leave the Core Public Administration without priority rights.

6.4.3 An individual who has received a retention payment and, as applicable, either is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act or is hired by the new employer within the six (6) months immediately following his or her resignation shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of such reappointment or hiring to the end of the original period for which the lump sum was paid.

6.4.4 The provisions of 6.4.5 shall apply in total facility closures where public service jobs are to cease and:

(a) such jobs are in remote areas of the country;

or

(b) retraining and relocation costs are prohibitive;

or

(c) prospects of reasonable alternative local employment (whether within or outside the Core Public Administration) are poor.

6.4.5 Subject to 6.4.4, the deputy head shall pay to each employee who is asked to remain until closure of the work unit and offers a resignation from the Core Public Administration to take effect on that closure date, a sum equivalent to six (6) months' pay payable on the day on which the departmental or organizational operation ceases, provided the employee has not separated prematurely.

6.4.6 The provisions of 6.4.7 shall apply in relocation of work units where Core Public Administration work units:

(a) are being relocated;

and

(b) the deputy head of the home department or organization decides that, in comparison to other options, it is preferable that certain employees be encouraged to stay in their jobs until the day of workplace relocation;

and

(c) the employee has opted not to relocate with the function.

6.4.7 Subject to 6.4.6, the deputy head shall pay to each employee who is asked to remain until the relocation of the work unit and who offers a resignation from the Core Public Administration to take effect on the relocation date, a sum equivalent to six (6) months' pay payable on the day on which the departmental or organizational operation relocates, provided the employee has not separated prematurely.

6.4.8 The provisions of 6.4.9 shall apply in alternative delivery initiatives:

(a) where the Core Public Administration work units are affected by alternative delivery initiatives;

(b) when the deputy head of the home department or organization decides that, compared to other options, it is preferable that certain employees be encouraged to stay in their jobs until the day of the transfer to the new employer;

and

(c) where the employee has not received a job offer from the new employer or has received an offer and did not accept it.

6.4.9 Subject to 6.4.8, the deputy head shall pay to each employee who is asked to remain until the transfer date and who offers a resignation from the Core Public Administration to take effect on the transfer date, a sum equivalent to six (6) months' pay payable upon the transfer date, provided the employee has not separated prematurely.

Part VII
Special Provisions Regarding
Alternative Delivery Initiatives

**

Preamble

The administration of the provisions of this Part will be guided by the following principles:

(a) fair and reasonable treatment of employees;

(b) value for money and affordability;

and

(c) maximization of employment opportunities for employees.

7.1 Definitions

For the purposes of this part, an alternative delivery initiative (diversification des modes de prestation des services) is the transfer of any work, undertaking or business of the Core Public Administration to any body or corporation that is a separate agency or that is outside the Core Public Administration.

For the purposes of this part, a reasonable job offer (offre d'emploi raisonnable) is an offer of employment received from a new employer in the case of a Type 1 or Type 2 transitional employment arrangement, as determined in accordance with 7.2.2.

For the purposes of this part, a termination of employment (licenciement de l'employé-e) is the termination of employment referred to in paragraph 12(1)(f.1) of the Financial Administration Act.

7.2 General

Departments or organizations will, as soon as possible after the decision is made to proceed with an alternative delivery initiative (ADI), and if possible, not less than one hundred and eighty (180) days prior to the date of transfer, provide notice to the Alliance component(s) of its intention.

The notice to the Alliance component(s) will include:

(a) the program being considered for ADI;

(b) the reason for the ADI;

and

(c) the type of approach anticipated for the initiative.

A joint Work Force Adjustment-Alternative Delivery Initiative (WFA-ADI) committee will be created for ADI and will have equal representation from the department or organization and the component(s). By mutual agreement, the committee may include other participants. The joint WFA-ADI committee will define the rules of conduct of the committee.

In cases of ADI, the parties will establish a joint WFA-ADI committee to conduct meaningful consultation on the human resources issues related to the ADI in order to provide information to the employee which will assist him or her in deciding on whether or not to accept the job offer.

1. Commercialization

In cases of commercialization where tendering will be part of the process, the members of the joint WFA-ADI committee shall make every reasonable effort to come to an agreement on the criteria related to human resources issues (e.g. terms and conditions of employment, pension and health care benefits, the take-up number of employees) to be included in the request for proposal process. The committee will respect the contracting rules of the federal government.

2. Creation of a New Agency

In cases of the creation of new agencies, the members of the joint WFA-ADI committee shall make every reasonable effort to agree on common recommendations related to human resources issues (e.g. terms and conditions of employment, pension, and health care benefits) that should be available at the date of transfer.

3. Transfer to Existing Employers

In all other ADI where an employer-employee relationship already exists, the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer.

In cases of commercialization and the creation of new agencies, consultation opportunities will be given to the component(s); however, in the event that agreements are not possible, the department may still proceed with the transfer.

7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this Part, and only where specifically indicated will other provisions of this Appendix apply to them.

7.2.2 There are three (3) types of transitional employment arrangements resulting from alternative delivery initiatives:

(a) Type 1—Full Continuity

(b) Type 2—Substantial Continuity

(c) Type 3—Lesser Continuity

7.2.3 For Type-1 and Type-2 transitional employment arrangements, the offer of employment from the new employer will be deemed to constitute a reasonable job offer for purposes of this Part.

7.2.4 For Type-3 transitional employment arrangements, an offer of employment from the new employer will not be deemed to constitute a reasonable job offer for purposes of this Part.

7.3 Responsibilities

7.3.1 Deputy heads will be responsible for deciding, after considering the criteria set out above, which of the types applies in the case of particular alternative delivery initiatives.

7.3.2 Employees directly affected by alternative delivery initiatives are responsible for seriously considering job offers made by new employers and advising the home department or organization of their decision within the allowed period.

7.4 Notice of Alternative Delivery Initiatives

7.4.1 Where alternative delivery initiatives are being undertaken, departments or organizations shall provide written notice to all employees offered employment by the new employer, giving them the opportunity to choose whether or not they wish to accept the offer.

7.4.2 Following written notification, employees must indicate within a period of sixty (60) days their intention to accept the employment offer, except in the case of Type-3 arrangements, where home departments or organizations may specify a period shorter than sixty (60) days, but not less than thirty (30) days.

7.5 Job Offers From New Employers

**

7.5.1 Employees subject to this Appendix (see Application) and who do not accept the reasonable job offer from the new employer in the case of Type-1 or Type-2 transitional employment arrangements will be given four (4) months' notice of termination of employment and their employment will be terminated at the end of that period or on a mutually agreed-upon date before the end of the four (4)-month notice period, except where the employee was unaware of the offer or incapable of indicating an acceptance of the offer .

7.5.2 The deputy head may extend the notice-of-termination period for operational reasons, but no such extended period may end later than the date of the transfer to the new employer.

**

7.5.3 Employees who do not accept a job offer from the new employer in the case of Type-3 transitional employment arrangements may be declared opting or surplus by the deputy head in accordance with the provisions of the other parts of this Appendix. .

7.5.4 Employees who accept a job offer from the new employer in the case of any alternative delivery initiative will have their employment terminated on the date on which the transfer becomes effective, or on another date that may be designated by the home department or organization for operational reasons, provided that this does not create a break in continuous service between the Core Public administration and the new employer.

7.6 Application of Other Provisions of the Appendix

7.6.1 For greater certainty, the provisions of Part II, Official Notification, and section 6.4, Retention Payment, will apply in the case of an employee who refuses an offer of employment in the case of a Type-1 or Type-2 transitional employment arrangement. A payment under section 6.4 may not be combined with a payment under the other section.

7.7 Lump-Sum Payments and Salary Top-up Allowances

7.7.1 Employees who are subject to this Appendix (see Application) and who accept the offer of employment from the new employer in the case of Type-2 transitional employment arrangements will receive a sum equivalent to three months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The home department or organization will also pay these employees an eighteen (18) month salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public administration position and the salary applicable to their position with the new employer. This allowance will be paid as a lump sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.2 In the case of individuals who accept an offer of employment from the new employer in the case of a Type-2 arrangement and whose new hourly or annual salary falls below eighty per cent (80%) of their former federal hourly or annual remuneration, departments or organizations will pay an additional six (6) months of salary top-up allowance for a total of twenty-four (24) months under this section and 7.7.1. The salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public administration position and the salary applicable to their position with the new employer will be paid as a lump sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.3 Employees who accept the reasonable job offer from the successor employer in the case of Type-1 or Type-2 transitional employment arrangements where the test of reasonableness referred to in the Statement of Pension Principles set out in Annex A is not met, that is, where the actuarial value (cost) of the new employer's pension arrangements is less than six decimal five per cent (6.5%) of pensionable payroll (excluding the employer's costs related to the administration of the plan), will receive a sum equivalent to three (3) months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.4 Employees who accept an offer of employment from the new employer in the case of Type-3 transitional employment arrangements will receive a sum equivalent to six (6) months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The home department or organization will also pay these employees a twelve (12) month salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public Administration position and the salary applicable to their position with the new employer. The allowance will be paid as a lump sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The total of the lump-sum payment and the salary top-up allowance provided under this section will not exceed an amount equivalent to one (1) year's pay.

7.7.5 For the purposes of 7.7.1, 7.7.2 and 7.7.4, the term "remuneration" includes and is limited to salary plus equal pay adjustments, if any, and supervisory differential, if any.

7.8 Reimbursement

7.8.1 An individual who receives a lump-sum payment and salary top-up allowance pursuant to 7.7.1, 7.7.2, 7.7.3 or 7.7.4 and who is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act at any point during the period covered by the total of the lump-sum payment and salary top-up allowance, if any, shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of reappointment to the end of the original period covered by the total of the lump-sum payment and salary top-up allowance, if any.

7.8.2 An individual who receives a lump-sum payment pursuant to 7.6.1 and, as applicable, is either reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act or hired by the new employer at any point covered by the lump-sum payment, shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of the reappointment or hiring to the end of the original period covered by the lump-sum payment.

7.9 Vacation Leave Credits and Severance Pay

7.9.1 Notwithstanding the provisions of this Agreement concerning vacation leave, an employee who accepts a job offer pursuant to this Part may choose not to be paid for earned but unused vacation leave credits, provided that the new employer will accept these credits.

7.9.2 Notwithstanding the provisions of this Agreement concerning severance pay, an employee who accepts a reasonable job offer pursuant to this Part will not be paid severance pay where successor rights apply and/or, in the case of a Type-2 transitional employment arrangement, when the new employer recognizes the employee's years of continuous employment in the public service for severance pay purposes and provides severance pay entitlements similar to the employee's severance pay entitlements at the time of the transfer.

7.9.3 Where:

(a) the conditions set out in 7.9.2 are not met,

(b) the severance provisions of this Agreement are extracted from this Agreement prior to the date of transfer to another non-federal public sector employer,

(c) the employment of an employee is terminated pursuant to the terms of 7.5.1,

or

(d) the employment of an employee who accepts a job offer from the new employer in a Type-3 transitional employment arrangement is terminated on the transfer of the function to the new employer,

the employee shall be deemed, for purposes of severance pay, to be involuntarily laid off on the day on which employment in the Core Public Administration terminates.

---

Annex A: Statement of Pension Principles

1. The new employer will have in place, or Her Majesty in right of Canada will require the new employer to put in place, reasonable pension arrangements for transferring employees. The test of "reasonableness" will be that the actuarial value (cost) of the new employer pension arrangements will be at least six decimal five per cent (6.5%) of pensionable payroll, which in the case of defined-benefit pension plans will be as determined by the Assessment Methodology dated October 7, 1997, developed by Towers Perrin for the Treasury Board. This assessment methodology will apply for the duration of this Agreement. Where there is no reasonable pension arrangement in place on the transfer date or no written undertaking by the new employer to put such reasonable pension arrangement in place effective on the transfer date, subject to the approval of Parliament and a written undertaking by the new employer to pay the employer costs, Public Service Superannuation Act (PSSA) coverage could be provided during a transitional period of up to a year.

2. Benefits in respect of service accrued to the point of transfer are to be fully protected.

3. Her Majesty in right of Canada will seek portability arrangements between the Public Service Superannuation Plan and the pension plan of the new employer where a portability arrangement does not yet exist. Furthermore, Her Majesty in right of Canada will seek authority to permit employees the option of counting their service with the new employer for vesting and benefit thresholds under the PSSA.

---

Annex B

Years of Service in the Public Service	Transition Support Measure (TSM) (Payment in Weeks' Pay)
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45	10 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 52 52 52 52 52 52 52 52 52 52 52 52 52 49 46 43 40 37 34 31 28 25 22 19 16 13 10 07 04

For indeterminate seasonal and part-time employees, the TSM will be pro-rated in the same manner as severance pay under the terms of this Agreement.

Severance pay provisions of this Agreement are in addition to the TSM.

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**Annex C
Role of PSC in Administering Surplus and Lay-Off Priority Entitlements

1. The PSC will refer surplus employees and laid-off persons to positions, in all departments, organizations and agencies governed by the PSEA, for which they are potentially qualified for the essential qualifications, unless the individuals have advised the PSC and their home departments or organizations in writing that they are not available for appointment. The PSC will further ensure that entitlements are respected and that priority persons are fairly and properly assessed.

2. The PSC, acting in accordance with the Privacy Act, will provide the Treasury Board Secretariat with information related to the administration of priority entitlements which may reflect on departments' or organizations' and agencies' level of compliance with this Directive.

3. The PSC will provide surplus and laid-off individuals with information on their priority entitlements.

4. The PSC will, in accordance with the Privacy Act, provide information to bargaining agents on the numbers and status of their members who are in the Priority Administration System and, on a service-wide basis.

5. The PSC will ensure that a reinstatement priority is given to all employees who are appointed to a position at a lower level.

6. The PSC will, in accordance with the Privacy Act, provide information to the Employer, departments or organizations and/or bargaining agents on referrals of surplus employees and laid-off persons in order to ensure that the priority entitlements are respected.

Public Service Commission "Guide to the Priority Information Management System".

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Memoranda of Agreement

The following Appendices shall be effective on the date of signature and shall expire on June 30, 2011.

Signed at Ottawa, this 6^th day of the month of February 2009.

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**Appendix "C"

Memorandum of Understanding
Between the Treasury Board of Canada
and
the Public Service Alliance of Canada
with Respect to Article 45.10 Hours of Work at Correctional Service of Canada

The parties agree to establish a joint committee comprised of equal representation that shall meet within sixty (60) days of the signing of the present agreement to review and decide upon hours of work, including appropriate preparation and administrative time (non-contact time) and rest periods, for 12-month ED-ESTs at Correctional Service of Canada. When an agreement is reached, it shall become effective immediately, and shall form part of the next collective agreement.

Time spent by the members of the committee shall be considered time worked. All other costs will be the responsibility of each party.

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Appendix "D"

Memorandum of Understanding
Between
the Treasury Board of Canada
and
the Public Service Alliance of Canada
With Respect to Class Size and Class Size Related
Issues for INAC Schools

The parties adhere to the principle that as a profession Indian and Northern Affairs Canada (INAC) is required to adopt, at a minimum, the provincial standards for education that have been established under the relevant legislation and regulations applicable within the province in which the INAC schools are located.

The parties agree to the establishment of a Local Class Size Committee in each community where federal INAC schools are located.

The purpose of a Local Class Size Committee is to provide an annual opportunity for a committee of teachers from the school, or family of schools, to review the projected enrolment and the planned class placement of students by grade, or multi-graded classroom assignments where such may be required, for the following school year.

A Local Class Size Committee may make recommendations to the Principal(s) of the school(s) on the organization of classrooms and class sizes while taking into consideration the projected enrolment of the school(s), teaching and course load requirements, accommodation of identified special education pupils, and timetable scheduling within the available professional staffing allocation for the following school year.

A Local Class Size Committee may also make written recommendations to the respective Superintendent of Education or Director of Education where staffing concerns cannot be addressed at the school level. Teaching assignments for the next school year are subject to the approval of the Director of Education, or designate, and every effort will be made to confirm these by April 15^th of the current school year.

In the event that the staffing allocation to the school(s) results in an average class size, in the aggregate, which exceeds the provincial norms established by statute or regulation, a Regional Class Size Committee will be provided an opportunity to make a documented presentation to the appropriate Regional Human Resources Management Committee that will consider the appropriateness for increasing the professional staffing allocation to the program.

Representatives of the Local and the Regional Class Size Committees shall develop their terms of reference regarding class size and class size related issues.

Local Class Size Committee(s)

A Local Class Size Committee, at the request of either party, shall be established in each school.

(a) The teachers of each school shall elect up to three (3) of their number (where applicable, one from each division - Primary, Junior, and Intermediate) as members of the Local Class Size Committee for the school.

(b) The teachers of a family of schools shall elect up to six (6) of their number (where applicable, two from each division - Primary, Junior, and Intermediate) as members of the Local Class Size Committee for the family of schools.

(c) Each Local Class Size Committee will meet a minimum of two (2) times per school year, no later than April 15^th of the current school year and September 15^th of the following school year, with the principal(s) of the school(s) and, where required, with the Superintendent of Education or Director of Education.

Regional Class Size Committee

A Regional Class Size Committee shall be formed of three (3) representatives from the Local Class Size Committee(s) and up to three (3) Principals/Vice Principals. The Regional Class Size Committee shall be given the opportunity to make a documented presentation for additional professional staffing to the Regional Human Resource Management Committee should it be determined that the teacher staffing allocation results in a higher average class size, in the aggregate, which exceeds the norms established by provincial statute or regulation. The Regional Human Resource Management Committee shall provide a written response no later than two (2) weeks after the documented presentation.

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**Appendix "E"

Memorandum of Understanding
Between
the Treasury Board of Canada
and
the Public Service Alliance of Canada
With Respect to Hours Of Work at the Library and Archives Canada

This is to confirm an understanding reached in negotiations on behalf of employees at Library and Archives Canada in the Education and Library Science Group.

In respect of the application of Article 43 "Hours of Work" paragraphs 43.04(a), (b) and (c), the Employer will consult with the Alliance prior to the reintroduction of the extended hours of service at the Library and Archives Canada.

Implementation of any such change will not take place sooner than sixty (60) days after commencement of such consultation with the Alliance.

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Appendix "F"

Memorandum of Understanding
Between
the Treasury Board of Canada
and
the Public Service Alliance of Canada
With Respect to Education and Experience Grid for the ED-EST Employees

The parties agree to establish a joint committee comprised of equal representation to meet within sixty (60) days of the signing of the present agreement. The committee will review:

• the professional qualifications of teachers and supervisory personnel (i.e. assistant principals, principals, etc) required by provincial Ministries of Education and Colleges of Teachers for employment in elementary and secondary education.

• the existing definitions related to "teacher education" to ensure compliance with provincial standards by INAC and CSC and review accordingly the current definitions of qualifications and experience for grid placement.

• the regional pay grids of ten (10) month and twelve (12) month ED-EST to reflect revised pay notes.

The committee will submit its findings and its recommendations to the parties within six (6) months of its first (1^st) meeting.

Time spent by the members of the joint committee shall be considered time worked. All other costs will be the responsibility of each party.

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**Appendix "G"

Memorandum of Understanding
Between the Treasury Board of Canada
and
The Public Service Alliance of Canada
with Respect to the Education and Experience Grid
for ED-EST Teachers

The parties agree to establish a joint committee comprised of equal representation that shall meet within ninety (90) days of the signing of the present agreement to review and decide upon the appropriate placement on the 10-month ED-EST wage grid of teachers who do not appear to meet the minimum requirement for placement on that grid.

Time spent by the members of the committee shall be considered time worked. All other costs will be the responsibility of each party.

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Appendix "H"

Memorandum of Understanding Between
the Treasury Board of Canada
and
the Public Service Alliance of Canada
with Respect to a Joint Learning Program

This memorandum is to give effect to the agreement reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administration Services, Operational Services, Technical Services, Border Services and Education and Library Science bargaining units.

The Employer agrees to provide eight million seven hundred and fifty thousand dollars ($8,750,000) over the life of this collective agreement to fund a joint learning program. The Employer agrees to provide a further $292,000 per month to the PSAC-TBS JLP from June 21, 2011 until the next collective agreement is signed to ensure continuity of this initiative.

The PSAC-TBS JLP will provide joint training on union-management issues.

The program will be governed by the existing joint PSAC - TBS committee.

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Appendix "I"

Letter of Understanding
Between the
Treasury Board
and the
Public Service Alliance of Canada With Respect to the Classification Review

Unless otherwise agreed with the Alliance, the Employer agrees not to enter into collective bargaining with respect to modifications to the EB rates of pay related to classification review during the life of the present agreement until notice to bargain has been served.

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Appendix "J"

Letter of Understanding
Between the
Treasury Board
and the
Public Service Alliance of Canada
with Respect to a Study to Compare the
Compensation of ED-EST who work for
a Period of Twelve (12) Month

This letter is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in negotiation for the renewal of the Education and Library Science collective agreement.

Accordingly, the Parties agree to conduct a study during the life of the Agreement, to compare the compensation (rates of pay, allowances and leaves) of the Elementary and Secondary teachers (ED-EST) who work for a period of twelve (12) month with the total compensation (rates of pay, allowances and leaves) of Elementary and Secondary teachers in provinces were ED-EST work.

The Parties further agree to meet within one hundred and twenty (120) days of the signing date of this Agreement to establish the term of reference of the study.

Time spent by the members of the working group shall be considered time worked. All other costs will be the responsibility of each party.

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Appendix "K"

Memorandum of Understanding Between the Treasury Board and the Public Service Alliance of Canada With Respect to Implementation of the Collective Agreement

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of the implementation period of the collective agreement.

The provisions of this collective agreement shall be implemented by the Parties within a period of one hundred and fifty (150) days from the date of signing.

Memorandum of Agreement Between the Treasury Board of Canada and the Public Service Alliance of Canada in respect of the Amendment of the Terms and Conditions of Employment Applicable to the Education and Library Science Bargaining Unit

The Employer and the Public Service Alliance of Canada (PSAC) agree to amend, effective the date of signing of this memorandum, the terms and conditions of employment applicable to the Education and Library Science bargaining unit. The amended provisions are attached to this Memorandum of Agreement and are in respect of the following:

1. Clause 19.07 - Sick Leave;
2. Clause 22.02 - Bereavement Leave with Pay; and
3. Clause 22.13 - Leave with Pay for Family-Related Responsibilities.

Any changes in numbering of provisions of the terms and conditions will be by mutual consent of the parties.

Signed in Ottawa on December 21, 2010

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ARTICLE 19 - SICK LEAVE WITH PAY

19.07

1. Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of lay-off and who is reappointed in the public service within two (2) years from the date of lay-off.
2. Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated due to the end of a specified period of employment, and who is re-appointed in the core public administration within one (1) year from the end of the specified period of employment.

ARTICLE 22 - OTHER LEAVE WITH OR WITHOUT PAY

22.02 Bereavement Leave with Pay

1. When a member of the employee's family dies, an employee shall be entitled to a bereavement period of seven (7) 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 regular-scheduled days of rest for the 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.
2. An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son in law, daughter in law, brother in law or sister in law.
3. If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under paragraphs (a) and (b), the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
4. 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 and/or in a different manner than that provided for in paragraphs (a) and (b).

ARTICLE 22 - OTHER LEAVE WITH OR WITHOUT PAY

22.13 Leave with Pay for Family Related Responsibilities

1. For the purpose of this clause, family is defined as:
   1. spouse (or common law partner resident with the employee);
   2. children, (including foster children, step-children and children of spouse or common law partner);
   3. parents (including step parents or foster parents); or
   4. any relative permanently residing in the employee's household or with whom the employee permanently resides.
2. The total leave with pay which may be granted under this clause shall not exceed thirty seven decimal five (37.5) hours in a fiscal year.
3. Subject to paragraph (b), the Employer shall grant leave with pay under the following circumstances:
   1. to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
   2. 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;
   3. to provide for the immediate and temporary care of an elderly member of the employee's family;
   4. for needs directly related to the birth or to the adoption of the employee's child.
4. seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in paragraph 22.13 (b) above may be used:
   1. to attend school functions, if the supervisor was notified of the function as far in advance as possible;
   2. to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;
   3. to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.
5. Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under sub paragraph (c)(ii) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.