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List of Changes to the Agreement between the Treasury Board and The Association of Canadian Financial Officers - Financial Management
PART I - GENERAL
ARTICLE 2
INTERPRETATION AND DEFINITIONS
2.01
**
"Association" means the Association of Canadian Financial Officers (Association),
**
"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 rates, travel status leave, and call-back; the duration of such leave will be equal to the overtime worked multiplied by the applicable overtime rate; the rate of pay to which an employee is entitled during such leave shall be based on his/her hourly rate of pay as calculated from the classification prescribed in his/her certificate of appointment on the day immediately prior to the day on which leave is taken (congé compensateur),
**
"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 Directives (époux),
PART II - STAFF RELATIONS MATTERS
ARTICLE 7
USE OF EMPLOYER FACILITIES
**
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.
ARTICLE 12
LEAVE WITH OR WITHOUT PAY FOR ASSOCIATION BUSINESS
**
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.
**
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.
**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
**
14.03 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.
ARTICLE 17
GRIEVANCE PROCEDURE
**
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.
**
17.19 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.
**
17.23 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.
PART III - WORKING CONDITIONS
ARTICLE 18
HOURS OF WORK
General
**
18.06 The Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day.
ARTICLE 19
OVERTIME
19.06
**
(a) Upon application by the employee and at the discretion of the Employer, overtime shall be compensated in cash except where, upon mutual agreement between the employee and the Employer, overtime may be compensated in compensatory leave with pay. The duration of such leave will be equal to the overtime worked multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on his/her hourly rate of pay as calculated from the classification prescribed in his/her certificate of appointment on the day immediately prior to the day on which leave is taken.
**
(c) Compensation leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer, shall be paid at the employee's rate of pay as calculated from the classification prescribed in his/her certificate of appointment on the 31 March of the previous fiscal year.
19.07 Meals
**
(a) An employee who works three (3) or more hours of overtime immediately before or immediately following his/her normal hours of work shall be reimbursed his/her expenses for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
**
(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 ten dollars and fifty cents ($10.50), except where free meals are provided.
ARTICLE 20
CALL-BACK PAY
20.01
(a)
**
(iii) after he/she has completed his/her work for the day and has left his/her place of work and returns to work at his or her normal place of work or at another work location designated by the Employer, he/she shall be paid the greater of,
**
(v) compensation at the applicable rate of overtime compensation for time worked, provided that the period worked by him/her is not contiguous to his/her normal hours of work.
**
(c) Upon application by the employee and at the discretion of the Employer, payments earned under this Article may be compensated in cash or in compensatory leave.
**
(d) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
**
(e) Compensation leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer shall be paid at the employee's rate of pay as calculated from the classification prescribed in his/her certificate of appointment on the 31 March of the previous fiscal year.
ARTICLE 21
STANDBY
**
21.04 An employee on standby who is required to report for work shall be paid, over an eight (8) hour period which starts the first time an employee commences work, in addition to the standby pay, the greater of:
(a) the applicable overtime rate for the time worked within the eight (8) hour period,
or
(b) the minimum of four (4) hours' pay at the hourly rate of pay, except that this minimum shall apply only the first (1st) time that he/she is required to report for work during an eight (8) hour period.
**
21.06
Compensation earned under this Article may be taken in the form of Compensatory Leave at the applicable overtime rate.
(a) Upon application by the employee and at the discretion of the Employer, payments earned under this Article may be compensated in cash or in compensatory leave.
(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
(c) Compensation leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer, shall be paid at the employee's rate of pay as calculated from the classification prescribed in his/her certificate of appointment on the 31 March of the previous fiscal year.
ARTICLE 22
DESIGNATED PAID HOLIDAYS
**
22.05 When an employee works on a holiday, he/she shall be paid at the rate of one point five (1.5) times his/her hourly rate of pay for all hours worked up to seven point five (7.5) hours, and at the rate of two (2) times his/her hourly rate of pay thereafter, in addition to the pay that he/she would have been granted had he/she not worked on the holiday.
**
22.06 When an employee works on a holiday, which is not his/her scheduled day of work, contiguous to a day of rest on which he/she also worked and received overtime in accordance with paragraphs 22.05 he/she shall be paid in addition to the pay that he/she would have been granted had he/she not worked on the holiday, two (2) times his/her hourly rate of pay for all time worked.
(a) Upon application by the employee and at the discretion of the Employer, payments referred to in clauses 22.05 and 22.06 may be compensated in cash or compensatory leave with pay.
(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
(c) Compensatory leave earned in a fiscal year and outstanding on 30 September of the following fiscal year, as determined by the Employer, shall be paid at the employee's rate of pay as calculated from the classification prescribed in his/her certificate of appointment on the 31 March of the previous fiscal year.
ARTICLE 23
RELIGIOUS OBSERVANCE
**
23.04 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, unless, because of unforeseeable circumstances, such notice cannot be given.
ARTICLE 24
TRAVELLING TIME
**
24.02 When an employee is required to travel outside his/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 clauses 24.03 and 24.04. Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer than five (5) hours.
**
24.05 Compensation earned under this Article may be taken in the form of Compensatory Leave at the applicable overtime rate.
(a) Upon application by the employee and at the discretion of the Employer, payments earned under this article may be compensated in cash or compensatory leave with pay.
(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
(c) Compensation leave earned in a fiscal year and outstanding on 30 september of the following fiscal year, as determined by the Employer, shall be paid at the employee's rate of pay as calculated from the classification prescribed in his/her certificate of appointment on the 31 March of the previous year.
**
24.08 Travel Status Leave
(a) An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his or her permanent residence for forty (40) nights during a fiscal year shall be granted seven point five (7.5) hours off with pay. The employee shall be credited with seven point five (7.5) hours off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights.
(b) The maximum number of hours off earned under this clause shall not exceed thirty-seven point five (37.5) hours in a fiscal year and shall accumulate as compensatory leave with pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to paragraphs 19.06(b) and (c).
**
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars unless the employee is required to attend by the Employer.
ARTICLE 25
SEVERANCE PAY
25.01
**
(f) Termination for Cause for Reasons of Incapacity or Incompetence
(i) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to Section 12(l)(e) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause of reasons of incompetence pursuant to Section 12(l)(d) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
