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PART II - STAFF RELATIONS MATTERS

ARTICLE 6
EMPLOYEE REPRESENTATIVES

6.01 The Employer acknowledges the right of the Association to appoint employees as Employee Representatives.

6.02 The Employer and the Association shall, by mutual agreement, determine the area to be serviced by each Employee Representative.

6.03 The Association shall notify the Employer promptly and in writing, of the names of its Employee Representatives appointed pursuant to clause 6.02 and of any subsequent changes.

6.04 An Employee Representative shall obtain the permission of his/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 Employee Representative, he/she shall report back to the supervisor, where practicable.

ARTICLE 7
USE OF EMPLOYER FACILITIES

7.01

(a) A duly accredited representative of the Association may be permitted access to the Employer's premises. Permission to enter the premises shall be obtained from the Employer.

(b) The Association shall provide the Employer a list of such representatives and shall advise promptly of any changes made to the list.

**

7.02 Space on bulletin boards including electronic bulletin boards will be made available to the Association for the posting of official Association notices, in convenient locations determined by the Employer. 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 Employee 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.

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

ARTICLE 8
CHECK-OFF

8.01 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.

8.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee. In addition, the Association shall advise the Employer in writing at least three (3) months prior to the effective date of any amendment to the amount of the authorized monthly deduction. Such amendments shall only be made once each fiscal year.

8.03 For the purpose of applying clause 8.01, 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.

8.04 An employee who satisfies the Employer to the extent that he/she declares in an affidavit that he/she is a member of a religious organization whose doctrine prevents him/her as a matter of conscience from making financial contributions to an employee organization and that he/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 him/her is countersigned by an official representative of the religious organization involved.

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

8.06 The amounts deducted in accordance with clause 8.01 shall be remitted to the Treasurer of 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 the employee's behalf.

8.07 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.

ARTICLE 9
INFORMATION

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

9.02 The Employer agrees to supply each employee with a copy of this Agreement and any amendments thereto. For the purpose of satisfying the Employer's obligation under this clause, employees may be given electronic access to this Agreement. Where electronic access to the Agreement is unavailable or impractical, the employee shall be supplied, on request, with a printed copy of the Agreement.

9.03 The Employer agrees to distribute to each new employee an information package prepared and supplied by the Association. Such information package and any amendments thereto shall require the prior approval of the Employer. The Employer shall have the right to refuse to distribute any information that it considers adverse to its interests or to the interests of any of its representatives.

ARTICLE 10
EMPLOYEES ON PREMISES OF OTHER EMPLOYERS

10.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

ARTICLE 11
RESTRICTION ON OUTSIDE EMPLOYMENT

11.01 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 12
LEAVE WITH OR WITHOUT PAY FOR ASSOCIATION BUSINESS

Leave for Elected Officials

12.01 When operational requirements permit, the Employer will grant leave without pay to an employee who is elected or appointed to a full-time Association office for a period in excess of three (3) months.

**

Complaints made to the Public Service Staff Relations Board pursuant to the former Section 23 of the Public Service Staff Relations Act

12.02 When operational requirements permit, the Employer will grant leave with pay:

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

and

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

Applications for Certification, Representations and Interventions with respect to Applications for Certification

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

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

and

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

12.04 The Employer will grant leave with pay:

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

and

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

**

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

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

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

Adjudication

12.07 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

12.08 When operational requirements permit, the Employer will grant to an employee:

(a) when the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of the employee and "on duty" status when the meeting is held outside the employee's headquarters area,

and

(b) when an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

12.09 When an employee wishes to represent, at a meeting with the Employer, an employee who has presented a grievance, the Employer will arrange the meeting having regard to operational requirements, and will grant leave with pay to the representative when the meeting is held in the representative's headquarters area and leave without pay when the meeting is held outside the representative's headquarters area.

12.10 Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a grievance and an employee acting on behalf of the Association wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters area.

Contract Negotiation Meetings

12.11 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees for the purpose of attending contract negotiation meetings on behalf of the Association.

Preparatory Contract Negotiation Meetings

12.12 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 Association and Management Not Otherwise Specified in this Article

12.13 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 Association.

12.14 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings and conventions provided for in the constitution and by-laws of the Association.

Representatives' Training Courses

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

12.16 An employee shall not be entitled to any compensation under Overtime and Travelling Time in respect of hours he/she is acting or travelling under the provisions of this Article.

**ARTICLE 13
ILLEGAL STRIKES

13.01 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 Section 12(l)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Public Service Labour Relations Act.

ARTICLE 14
SUSPENSION AND DISCIPLINE

14.01 When an employee is suspended from duty, the Employer undertakes to notify the employee in writing of the reason for such suspension. The Employer shall endeavour to give such notification at the time of suspension.

14.02 The Employer shall notify the National Office of the Association that such suspension has occurred.

**

14.03 When an employee is required to attend a meeting on disciplinary matters, the Employer shall notify the employee that the employee is entitled to have a representative of the Association attend the meeting. Where practicable, the employee shall receive in writing a minimum of one (1) working day's notice of such a meeting, as well as its purpose. Where the presence of a national representative of the Association is requested by the employee and where the disciplinary meeting is outside of the National Capital Region, this minimum period shall be increase to two (2) days, where practicable.

14.04 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 he/she was not aware of at the time of filing or within a reasonable period thereafter.

14.05 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.

14.06 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to the Association.

ARTICLE 15
HEALTH AND SAFETY

15.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Association, 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 16
JOINT CONSULTATION

16.01 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.

16.02 Without prejudice to the position the Employer or the Association 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.

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

ARTICLE 17
GRIEVANCE PROCEDURE

17.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and which the parties to this Agreement have endorsed, the grievance procedure will be in accordance with Part 14 of the NJC By-Laws.

**

17.02 Subject to and as provided in Section 208 of the Public Service Labour Relations Act, an employee who feels that he/she has been treated unjustly or considers him/herself aggrieved by any 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 17.05 except that:

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

and

(b) where the grievance relates to the interpretation or application of this Agreement or an Arbitral Award, the employee is not entitled to present the grievance unless the employee has the approval of and is represented by the Association.

17.03 Except as otherwise provided in this Agreement a grievance shall be processed by recourse to the following levels:

(a) Level 1 - first level of management;

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

(c) Final level - Deputy Head or the Deputy Head's authorized representative.

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

17.04 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. 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 Association.

17.05 An employee who wishes to present a grievance at a prescribed level in the grievance procedure, shall transmit this grievance to his/her 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 employee with a receipt stating the date on which the grievance was received by her.

17.06 Where 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 date it is delivered to the appropriate office of the department or agency concerned. Similarly the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his/her 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.

17.07 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Employer.

17.08 An employee may be assisted and/or represented by the Association when presenting a grievance at any level.

17.09 The Association shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the decision.

17.10 An employee may present a grievance to the First Level of the procedure in the manner prescribed in clause 17.05, not later than the twenty-fifth (25^th) day after the date on which he/she is notified orally or in writing or on which he/she first becomes aware of the action or circumstances giving rise to grievance.

17.11 The Employer shall normally reply to an employee's grievance, at any level in the grievance procedure, except the final level, within ten (10) days after the date the grievance is presented at that level. Where such decision or settlement is not satisfactory to the employee, he/she may submit a grievance at the next higher level in the grievance procedure within ten (10) days after that decision or settlement has been conveyed to him/her in writing.

17.12 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at any level, except the final level, the employee may, within the next ten (10) days, submit the grievance at the next higher level of the grievance procedure.

17.13 The Employer shall normally reply to an employee's grievance at the final level of the grievance procedure within thirty (30) days after the grievance is presented at that level.

17.14 Where an employee has been represented by the Association in the presentation of his/her grievance, the Employer will provide the appropriate representative of the Association 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.

17.15 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.

17.16 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.

17.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Association representative.

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

**

17.19 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(l)(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.

17.20 An employee may abandon a grievance by written notice to his/her immediate supervisor or officer-in-charge.

17.21 An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless he/she was unable to comply with the prescribed time limits due to circumstances beyond his/her control.

17.22 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his/her grievance or refrain from exercising his/her right to present a grievance as provided in this Agreement.

**

17.23 Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with respect to:

(a) the interpretation or application in respect of his/her of a provision of this Agreement or a related arbitral award,

or

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

or

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

and his/her grievance has not been dealt with to his/her satisfaction, he/she may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

17.24 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of his/her of a provision of this Agreement or an arbitral award, he/she is not entitled to refer the grievance to adjudication unless the Association signifies in the prescribed manner:

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

and

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

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