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1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Association, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the Public Service in which members of the bargaining unit are employed.
2.01 For the purpose of this Agreement:
"allowance" means compensation payable for the performance of special or additional duties (« indemnité »);
"Association" means the Canadian Association of Professional Employees (« Association »);
"bargaining unit" means all the employees of the Employer, classified as ES or SI and classified as EC as of June 22, 2009, in the Economics and Social Science Services Group, as described in the certificate issued by the PSLRB on the 17th day of December 2003 (« unité de négociation »);
"common law partner" means a person living in a conjugal relationship with an employee for a continuous period of at least one year (« conjoint de fait »);
"compensatory leave" means leave with pay in lieu of cash payment for overtime, work performed on a designated paid holiday, travelling time compensated at overtime rate, reporting pay, call-back and stand by. 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 (« congé compensateur »);
"continuous employment" has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations on the date of the signing of this Agreement (« emploi continu »);
"daily rate of pay" means an employee's weekly rate of pay divided by five (5) (« taux de rémunération journalier »);
"day" means a twenty-four (24) hour period commencing at 00:01 hour (« jour »);
"day of rest" in relation to an employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of being on leave or absent from duty without permission (« jour de repos »);
"double time" means two (2) times the employee's hourly rate of pay (« tarif double »);
"employee" means a person who is a member of the bargaining unit (« fonctionnaire »);
"Employer" means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board (« Employeur »);
"headquarters area" has the same meaning as given to the expression in the Travel Directive (« zone d'affectation »);
"holiday" (« jour férié ») means:
(a) the twenty-four (24)-hour period commencing at 00:01 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:
(ii) on the day it terminates where more than half (1/2) of the hours worked fall on that day;
"hourly rate of pay" means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5) (« taux de rémunération horaire »);
"lay-off" means the termination of an employee's employment because of lack of work or because of the discontinuance of a function (« mise en disponibilité »);
"leave" means authorized absence from duty by an employee during his or her regular or normal hours of work (« congé »);
"membership dues" means the dues established pursuant to the constitution of the Association as the dues payable by its members as a consequence of their membership in the Association, and shall not include any initiation fee, insurance premium, or special levy (« cotisations syndicales »);
"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,
(b) in the case of a part-time employee, authorized work in excess of seven decimal five (7.5) hours per day or thirty-seven decimal five (37.5) hours per week, but does not include time worked on a holiday,
(c) in the case of a part-time employee whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day in accordance with the Variable Hours article (Appendix "B"), authorized work in excess of those normal scheduled daily hours or in excess of an average of thirty-seven decimal five (37.5) hours per week;
"PSLRA" means the Public Service Labour Relations Act (« LRTFP »);
"PSLRB" means the Public Service Labour Relations Board (« CRTFP »);
"remuneration" means pay and allowances (« rémunération »);
"spouse" 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 Directive (« époux »);
"straight-time rate" means the employee's hourly rate of pay (« tarif normal »);
"time and one-half" means one and one-half (1 1/2) times the employee's hourly rate of pay (« tarif et demi »);
"weekly rate of pay" means an employee's annual rate of pay divided by 52.176 (« taux de rémunération hebdomadaire »).
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
(a) if defined in the PSLRA, have the same meaning as given to them in the PSLRA,
(b) if defined in the Interpretation Act, but not defined in the PSLRA, have the same meaning as given to them in the Interpretation Act.
3.01 The provisions of this Agreement apply to the Association, employees and the Employer.
3.02 Both the English and French texts of this Agreement shall be official.
Unless otherwise expressly stipulated, the provisions of this agreement apply equally to male and female employees.
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.
5.01 In the event that any law passed by Parliament, applying to 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 this Agreement.
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.
7.01 The Employer recognizes the Association as the exclusive bargaining agent for all employees described in the certificate issued by the PSLRB on the 17th day of December 2003 covering employees of the Economics and Social Science Services Group.
8.01 The Employer acknowledges the right of the Association to appoint or otherwise select employees as representatives.
8.02 The Employer and the Association shall, by mutual agreement, determine the area to be serviced by each representative.
8.03 The Association shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 8.02.
8.04 A representative shall obtain the permission of his or her immediate supervisor before leaving work to investigate employee complaints, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Upon the resumption of the normal duties of the representative, he or she shall report back to the supervisor, where practicable.
8.05 The Association will have the opportunity to have an employee representative introduced to new employees as part of the Employer's formal orientation programs, where they exist.
9.01 Space on bulletin boards (including electronic bulletin boards where available) will be made available to the Association for the posting of official Association notices, in convenient locations determined by the Employer and the Association. The posting of notices or other material shall require the prior approval of the Employer, except notices of Association business affairs and meetings, and Association elections, the names of the Association's representatives and social and recreational events. The Employer reserves the right to refuse the posting of any information which it considers adverse to its interests or to the interests of any of its representatives.
9.02 Where technically feasible within the existing departmental infrastructure, and subject to security restrictions, each department shall establish a hyperlink to the Association's website from the departmental intranet website.
9.03 The Employer will continue its present practice of making available to the Association 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 Association.
9.04 A duly accredited representative of the Association 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 Association 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.
9.05 The Association shall provide the Employer a list of such Association representatives and shall advise promptly of any change made to the list.
(a) Subject to the availability of appropriate facilities, the Association may hold general meetings of the local membership on departmental premises. The location, date and duration of such meetings shall require the prior approval of the deputy head or his or her delegate.
(b) This clause does not entitle an employee to attend such meetings during his or her scheduled hours of work.
10.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership dues from the monthly pay of an employee.
10.02 The Association 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 full calendar month of employment to the extent that earnings are available.
10.04 An employee who satisfies the Association to the extent that the employee satisfies in an affidavit that he or she is a member of a religious organization whose doctrine prevents an employee as a matter of conscience from making financial contributions to an employee organization and that the employee 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 Association will inform the Employer accordingly.
10.05 No employee organization, as defined in Section 2 of the PSLRA, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.
10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Association by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on each employee's behalf.
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 Association 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.
10.09 At the request of the employee and provided that there is four (4) weeks advance notice, the Employer will provide to the employee by the end of February, a letter describing all deductions from the employee's pay that are eligible for a tax credit and that are not identified on the T4.
11.01 The Employer agrees to provide the Association, on a quarterly basis, with a list of all employees in the bargaining unit. The list referred to herein shall include the name, employing department, geographical location, date of appointment to a particular position and classification of the employee and the employer will endeavour to provide it normally within one (1) month following the termination of each quarter.
11.02 The Employer agrees to supply each employee with a copy of the collective agreement and will endeavour to do so within one (1) month after receipt from the printer.
11.03 National Joint Council Agreements which form part of this collective agreement and which have a direct bearing on employees' terms and conditions of employment shall be made available to employees by the Employer either electronically or in paper form.
11.04 The Employer agrees to distribute to each new employee an information package prepared and supplied by the Association. Such information package shall require the prior approval of the Employer.
12.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of a provincial, municipal, commercial or industrial 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.
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.