ARCHIVED - Law (LA) 214
This page has been archived.
Archived Content
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
1.01 The purpose of this Agreement is to
maintain harmonious and mutually beneficial relationships between the Employer,
the lawyers and the Association, to set forth certain terms and conditions of
employment relating to remuneration, hours of work, lawyer benefits and general
working conditions affecting lawyers 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 lawyers 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 units are employed.
1.03 The Employer recognizes the
Association as the exclusive bargaining agent for all lawyers in the bargaining
unit as described in paragraph 2.01(a), and agrees to bargain collectively in
accordance with the provisions of the Public
Service Labour Relations Act.
2.01 For the
purpose of this Agreement:
- "bargaining unit" (unité de négociation)
- means all the
employees of the Employer in the Law group, as described in the certificate
issued by the Public Service Labour Relations Board on the twelfth (12th) day
of September 2007;
- "continuous employment" (emploi continu)
- has the same meaning as
defined in the Directive on Terms and
Conditions of Employment on the date of the signing of this Agreement;
- "daily rate of pay" (taux de rémunération journalier)
- means a
lawyer weekly rate of pay divided by five (5);
- "day
of rest" (jour de repos)
- in
relation to a lawyer means a day other than a designated paid holiday on which
that lawyer is not ordinarily required to perform the duties of his position
other than by reason of his being on leave;
- "designated paid holiday" (jour férié désigné payé)
- means the
twenty-four (24) hour period commencing at 00:01 hour of a day designated as a
holiday in this Agreement;
- "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;
- "headquarters area" (zone d'affectation)
- has the same
meaning as given to the expression in the Travel Directive;
- "hourly rate of pay" (taux de rémunération horaire)
- means a
full-time lawyer's weekly
rate of pay divided by thirty-seven decimal five (37.5);
- "Association" (Association)
- means the Association of
Justice Counsel;
- "lay-off" (mise en disponibilité)
- means the
termination of a lawyer's
employment because of lack of work or because of the discontinuance of a
function;
- "leave" (congé)
- means authorized absence from duty;
- "membership dues" (cotisation syndicales)
- means the dues
established pursuant to the By-laws and Regulations 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;
- "weekly rate of pay" (taux de rémunération hebdomadaire)
- means
a lawyer's annual
rate of pay divided by fifty-two decimal one seven six (52.176);
- "common-law
partner" (conjoint de fait)
- refers to a person living in a conjugal relationship with a lawyer for a continuous
period of at least one (1) year.
2.02
Except as otherwise provided in this Agreement, expressions used in this
Agreement:
- if
defined in the Public Service Labour
Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
and
- if
defined in the Interpretation Act,
but not defined in the Public Service
Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
2.03
- In
this collective agreement, where the term "lawyer" is used, it
includes all employees covered by this collective agreement. For greater
certainty it includes notaries in the province of Quebec and all articling
students.
- Except for rates of pay, any reference in this Agreement
to LA-2A includes a lawyer at LA-2(I) and any reference in this Agreement to LA-2B
includes a lawyer at LA-2(II).
3.01 Both the English and French texts of
this Agreement are official.
4.01 The parties agree that, in the event
of a dispute arising out of the interpretation of a clause or Article of this
Agreement, the parties should meet within a reasonable time and seek to resolve
the problem. This Article does not prevent a lawyer from availing himself of
the grievance procedure provided in this Agreement.
5.01 All the functions, rights, powers and
authority which the Employer has not specifically abridged, delegated or
modified by this Agreement are recognized by the Association as being retained
by the Employer.
5.02 The Employer will act reasonably,
fairly and in good faith in administering this Agreement.
(Arbitral
award dated October 23, 2009, provision of clauses 5.01 and 5.02 effective
November 1, 2009)
6.01 Nothing in this Agreement shall be
construed as an abridgement or restriction of any lawyer's constitutional rights or of any right
expressly conferred in an Act of the Parliament of Canada.
7.01 The
Employer acknowledges the right of the Association to appoint lawyers as
representatives.
7.02 The Employer and the Association
shall, by mutual agreement, determine the area of jurisdiction of each
representative, having regard to the plan of organization and the distribution of
lawyers. (Arbitral award dated October 23,
2009, provision effective November 1, 2009)
7.03 The
Association shall notify the Employer promptly and in writing of the names and
jurisdiction of its representatives.
7.04 Leave for
Representatives
Operational requirements permitting, the Employer shall
grant leave with pay to a lawyer to enable him to carry out his functions as a
representative on the Employer's premises. When the discharge of these
functions requires a lawyer who is a representative to leave his normal place
of work, the lawyer shall report his return to his supervisor whenever
practicable. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
8.01 The provisions of this Agreement apply
to the Association, lawyers
and the Employer.
8.02 In this Agreement, words importing the
masculine gender shall include the feminine gender.
9.01 The Employer agrees to supply the
Association on a quarterly basis with a list of all lawyers in the bargaining
unit. The list referred to herein shall include the name, employing department,
geographical location and classification of the lawyer and shall be provided
within one (1) month following the termination of each quarter. As soon as
practicable, the Employer agrees to add to the above list the date of
appointment for new lawyers. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
9.02 The Employer agrees to supply each
lawyer with a copy of the collective agreement and any amendments thereto.
9.03 Upon the written request of a lawyer,
the Employer shall make available at a mutually satisfactory time National
Joint Council agreements listed in clause 30.03 which have a direct bearing on
the requesting lawyer's terms and conditions of employment. For the purpose of
satisfying the Employer's obligation under this clause, lawyers may be given
electronic access to the agreements.
9.04 The Employer agrees to distribute
to each new lawyer an information package prepared and supplied by the
Association. Such information package 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.
9.05 The Employer shall, no less frequently than on a monthly
basis, provide the Association with a list of any changes made to current
excluded positions, including any positions that will no longer be excluded and
any positions that have been proposed for exclusion. This information shall
include the rationale for any proposed exclusion, the position number and names
of the incumbents of such positions, the employing department or agency and
organizational unit, and the geographical location of the lawyer. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
10.01 Access by an Association Representative
A representative appointed by the Association may be
permitted access to the Employer's premises on stated Association business and
to attend meetings called by management. Permission to enter the premises
shall, in each case, be obtained from the Employer. Such permission shall not
be unreasonably withheld.
10.02 Bulletin Boards
Reasonable space on bulletin boards, including electronic
bulletin boards where available, will be made available to the Association for
the posting of official notices, in convenient locations determined by the
Employer and the Association. Notices or other material shall require the prior
approval of the Employer, except notices relating to the business affairs of
the Association and social and recreational events. The Employer shall have the
right to refuse the posting of any information which he considers adverse to
his interests or to the interests of any of his representatives.
10.03 Association Literature
The Employer shall continue its present practice of making
available to the Association, specific locations on its premises for the
placement of reasonable quantities of Association literature.
11.01 Public Service Labour Relations Board Hearings
- Complaints made to the Public Service Labour Relations Board
pursuant to Section 190(1) of the Public Service Labour Relations Act
- Where operational
requirements permit, in cases of complaints made to the Public Service Labour
Relations Board pursuant to section 190(1) of the Public Service Labour
Relations Act (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:
- to a
lawyer who makes a complaint on his own behalf before the Public Service Labour
Relations Board,
and
- to
the lawyer who acts on behalf of a lawyer making a complaint, or who acts on
behalf of the Association making a complaint.
(Arbitral award dated
October 23, 2009, provision effective
November 1, 2009)
- Applications for Certification, Representations and Interventions
with Respect to Applications for Certification
- Where operational requirements permit, the Employer will
grant leave without pay:
- to a
lawyer who represents the Association in an application for certification or in
an intervention,
and
- to a
lawyer who makes personal representations with respect to a certification. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
- Lawyer Called as a Witness
- The Employer will grant leave with pay:
- to a
lawyer called as a witness by the Public Service Labour Relations Board,
and
- where
operational requirements permit, to a lawyer called as a witness by a lawyer or
the Association. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
11.02 Arbitration Board, Public Interest Commission and Alternate Dispute
Resolution Process
- Where operational requirements permit, the Employer will grant leave with pay
to a lawyer representing the Association before an Arbitration Board, Public
Interest Commission or in an Alternate Dispute Resolution Process. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
- Lawyer Called as a Witness
- The
Employer will grant leave with pay to a lawyer called as a witness by an
Arbitration Board, Public Interest Commission or Alternate Dispute Resolution
Process and, where operational requirements permit, leave with pay to a lawyer
called as a witness by the Association. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
11.03 Adjudication
- Lawyer Who is a Party
- Where
operational requirements permit, the Employer will grant leave with pay to a
lawyer who is a party. (Arbitral award
dated October 23, 2009, provision effective November 1, 2009)
- Lawyer Who Acts as Representative
- Where
operational requirements permit, the Employer will grant leave with pay to the
representative of a lawyer who is a party. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
- Lawyer Called as a Witness
- Where
operational requirements permit, the Employer will grant leave with pay to a
witness called by a lawyer who is a party. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
11.04 Meetings During the Grievance Process
- Lawyer Presenting Grievance
- Where operational requirements permit, the Employer will grant to a lawyer:
- where
the Employer originates a meeting with the lawyer who has presented the
grievance, leave with pay when the meeting is held in the headquarters area of
such lawyer and "on duty" status when the meeting is held outside the
headquarters area of such lawyer;
and
- where
a lawyer who has presented a grievance seeks to meet with the Employer, leave
with pay to the lawyer when the meeting is held in the headquarters area of
such lawyer and leave without pay when the meeting is held outside the
headquarters area of such lawyer. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
- Lawyer Who Acts as Representative
- Where a
lawyer wishes to represent at a meeting with the Employer, a lawyer who has
presented a grievance, the Employer will, where operational requirements
permit, grant leave with pay to the representative when the meeting is held in
the headquarters area of such lawyer and leave without pay when the meeting is
held outside the headquarters area of such lawyer. (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
- Grievance Hearings
- Where a
lawyer has asked or is obliged to be represented by the Association in relation
to the presentation of a grievance and an lawyer acting on behalf of the
Association wishes to discuss the grievance with that lawyer, the lawyer and
the representative of the lawyer will, where operational requirements permit,
be given reasonable leave with pay for this purpose when the discussion takes
place in the headquarters area of such lawyer and leave without pay when it
takes place outside the headquarters area of such lawyer. (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
11.05 Contract Negotiations Meetings
Where operational requirements permit, the Employer will
grant leave without pay to a lawyer for the purpose of attending contract
negotiations meetings on behalf of the Association. (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
11.06 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will
grant leave without pay to a lawyer to attend preparatory contract negotiations
meetings. (Arbitral award dated October
23, 2009, provision effective November 1, 2009)
11.07 Meetings Between the Association and Management
Where operational requirements permit, the Employer will grant
leave with pay to a lawyer to attend meetings with management on behalf of the
Association. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
11.08 Association Executive Council Meetings and Conventions
Where operational requirements permit, the Employer will
grant leave without pay to a lawyer to attend Executive Council Meetings and
Conventions of the Association. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
11.09 Representatives' Training Courses
- Where operational requirements permit, the Employer will
grant leave without pay to lawyers appointed as Representatives by the
Association, to undertake training sponsored by the Association related to the
duties of a Representative.
- Where operational requirements permit, the Employer will
grant leave with pay to lawyers appointed as Representatives by the
Association, to attend training sessions concerning Employer-lawyer relations
sponsored by the Employer. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
12.01 The Employer will deduct an amount of
the membership dues from the pay of all lawyers in the bargaining unit.
12.02 The Association shall inform the
Employer in writing of the authorized deduction to be checked off for each
lawyer in the bargaining unit.
12.03 For the purpose of applying clause 12.01,
deductions from pay for each lawyer will start the first (1st) day of the month
following the employment to the extent that earnings are available. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
12.04 A lawyer who satisfies the
Association 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 lawyer
is countersigned by an official representative of the religious organization
involved. The Association will inform the Employer accordingly.
12.05 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
lawyers in the bargaining unit.
12.06 The amounts deducted in accordance
with clause 12.01 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 lawyer and the deductions made on his behalf. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
12.07 The Employer agrees to make
deductions for other purposes on the basis of the production of appropriate
documentation in accordance with its past practice with other unions.
12.08 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 that shall be limited to the
amount of the unremitted membership dues.
12.09 When it is mutually acknowledged that
an error has been committed, the Employer shall endeavour to correct such error
within the two (2) pay periods following the acknowledgement of error.
13.01 The following applies to lawyers at
the LA-1 and LA-2A levels:
- The
normal hours of work for lawyers shall average thirty-seven decimal five (37.5)
hours per week over each four (4) week period. Subject to the approval of the
Employer, the hours of work shall be arranged to suit a lawyer's individual
duties and to permit the lawyer to carry out his or her professional
responsibilities.
- In
making arrangements for hours of work, lawyers will be permitted reasonable
flexibility in the times during which they perform their work, including
arrival and departure from the workplace, to enable them to balance work and
family responsibilities.
- The
normal work week shall be Monday through Friday, except where a lawyer is
required to work on what would normally be a day of rest or a paid holiday in
order to carry out his or her professional responsibilities.
- A
reconciliation of hours of work will be made by the lawyer and his or her
immediate supervisor for each four (4) week period. In computing the hours of
work within the period, vacation, designated paid holidays, and other leaves of absence
will account for seven decimal five (7.5) hours per day.
- Where
a lawyer has been required to work in excess of an average of thirty-seven decimal
five (37.5) hours per week over a four (4) week period, the lawyer shall be
compensated at the rate of one and one-half (1 1/2) times the lawyer's hourly
rate of pay for each hour worked in excess of the normal hours of work for each
four (4) week period.
- In
the calculation of hours worked for the purposes of paragraph (e) hereof, a
lawyer shall be deemed to have worked seven decimal five (7.5) hours on any day
when the actual hours worked were more than seven decimal five (7.5) but less
than eight decimal five (8.5) hours. All other calculations for overtime shall
be based on each completed period of thirty (30) minutes.
- Upon
application by the lawyer and at the discretion of the Employer, compensation
earned under this Article will be taken in the form of compensatory leave
calculated at the premium rate set out in this Article, provided that
compensatory leave earned in a fiscal year and outstanding on September 30th of
the next following fiscal year shall be paid at the lawyer's daily rate of pay
on September 30th.
- When
a payment is made to liquidate compensatory leave outstanding at the end of a
fiscal year, the Employer will endeavour to make such payment within six (6)
weeks of the first pay period after September 30th of the following fiscal year.
- Nothing
in this Article is intended to prevent lawyers from having access to the
Employer's existing policies respecting alternate work arrangements, including
compressed work week, job sharing, telework, self-funded leave and pre-retirement
transition leave.
- Lawyers
will submit such attendance and timekeeping reports as may be required by the
Employer for the purposes of this Article. (Arbitral
award dated October 23, 2009, provision effective February 20, 2010)
13.02 The following applies to lawyers at the LA-2B and LA-3 levels:
- The
normal hours of work for lawyers shall average thirty-seven decimal five (37.5)
hours per week over each four (4) week period. Subject to the approval of the
Employer, the hours of work shall be arranged to suit a lawyer's individual
duties and to permit the lawyer to carry out his or her professional
responsibilities.
- In
making arrangements for hours of work, lawyers will be permitted reasonable
flexibility in the times during which they perform their work, including
arrival and departure from the workplace, to enable them to balance work and
family responsibilities.
- The
normal work week shall be Monday through Friday, except where a lawyer is
required to work on what would normally be a day of rest or a paid holiday in
order to carry out his or her professional responsibilities.
- A
reconciliation of hours of work will be made by the lawyer and his or her
immediate supervisor for each four (4) week period. In computing the hours of
work within the period, vacation, designated paid holidays, and other leaves of absence
will account for seven decimal five (7.5) hours per day.
- Lawyers
are eligible for exceptional leave with pay, as the delegated manager considers
appropriate, for a period of up to five (5) days in one (1) fiscal year.
Examples of such leave are situations where lawyers are required to work
excessive hours.
- Under
exceptional circumstances, the deputy head can approve exceptional leave with
pay for a period exceeding the five (5) days referred to above.
- Leave
granted as exceptional leave with pay can be carried over into the next fiscal
year, and is to be used within six (6) months of being granted.
- Lawyers
will submit such attendance and timekeeping reports as may be required by the Employer
for the purposes of this Article.
(Arbitral award dated
October 23, 2009, provisions of clause 13.01 and 13.02 effective February 20,
2010)
13.03 Reimbursement of Meal Expenses
A lawyer who is required by the Employer to work beyond
normal hours extending beyond the normal meal period or who works at least
three (3) hours on a day of rest or on a designated paid holiday will be reimbursed for
out of pocket expenses for one (1) or more meals, depending on the number of
meal periods occurring in the period of time so worked, up to the amounts set
out in Appendix C to the Travel Directive.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
14.01 Clauses 14.02 to 14.07 inclusive
apply only to lawyers at levels LA-1 and LA-2A. Clause 14.08 applies to all
lawyers.
14.02
- When a lawyer is required to
travel outside his headquarters area on government business, the time of
departure and the means of such travel shall be determined by the Employer and
the lawyer will be compensated for travel time in accordance with clauses 14.02
and 14.03. Travelling time shall include time necessarily spent at each stop-over
en route, provided such stop-over does not include an overnight stay.
- Pursuant
to paragraph (a), when a lawyer is travelling by public transportation and,
owing to an unforeseeable or unavoidable delay, is subject to an unscheduled
overnight stay with overnight accommodation, travelling time shall include time
necessarily spent at the stop-over en route as well as the necessary time to
reach the overnight accommodation.
14.03 For the purposes of clauses 14.02
and 14.04, the travelling time for which a lawyer shall be compensated is as
follows:
- 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.
- For
travel by private means of transportation, the normal time as determined by the
Employer to proceed from the lawyer's place of residence or work place, as
applicable, direct to his destination and, upon his return, direct back to his
residence or work place.
- In
the event that an alternate time of departure and/or means of travel is requested
by the lawyer, the Employer may authorize such alternate arrangement in which
case compensation for travelling time shall not exceed that which would have
been payable under the Employer's original determination.
14.04 If a lawyer is required to travel
as set forth in clauses 14.02 and 14.03:
- On a
normal working day on which he travels but does not work, a lawyer shall
receive his/her regular pay for the day.
- On a
normal working day on which the lawyer travels and works, the lawyer shall be
paid:
- regular pay for the day for a combined
period of travel and work not exceeding seven decimal five (7.5) hours,
and
- compensation at the rate of time and one-half
(1 1/2) for additional travel time in excess of a seven decimal five (7.5) hour
period of work and travel, with maximum compensation for such additional travel
time not to exceed twelve (12) hours pay at the straight-time rate in any day.
- On a day of rest or on a designated paid holiday, a
lawyer shall be compensated at the rate of time and one-half (1 1/2) for hours
travelled to a maximum of twelve (12) hours' pay at the straight-time
rate.
- In the calculation of hours worked and/or travelled for the purposes of
paragraphs (b) and (c) above, a lawyer shall be deemed to have worked and/or
travelled seven decimal five (7.5) hours on any day when the actual hours
worked and/or travelled were more than seven decimal five (7.5) but less than
eight decimal five (8.5) hours. All other calculations for travelling time
shall be based on each completed period of thirty (30) minutes.
14.05 A lawyer shall not be compensated for
travelling time to courses, training sessions, conferences and seminars to
which the lawyer is sent for the purpose of career development, unless required
to attend by the Employer.
14.06 Upon application by the lawyer and at
the discretion of the Employer, compensation for travel time will be taken in
the form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on September 30th of the next following fiscal year shall
be paid at the lawyer's daily rate of pay on September 30th.
14.07 Where the Employer has agreed to make
cash payment under this Article the Employer will endeavour to make such
payments within six (6) weeks from September 30th.
(Arbitral award dated
October 23, 2009, provisions of clauses 14.02 to 14.07 effective February 20,
2010).
14.08 Travel Status Leave
- A
lawyer who is required to travel outside his or her headquarters area on
government business, as these expressions are defined by the Employer, and is
away from his permanent residence for forty (40) nights during a fiscal year
shall be granted seven decimal five (7.5) hours of time off with pay. The
lawyer shall be credited with seven decimal five (7.5) hours of time off for
each additional twenty (20) nights that the lawyer is away from his or her
permanent residence to a maximum of eighty (80) additional nights.
- The
maximum number of days off earned under this clause shall not exceed thirty-seven
decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory
leave with pay.
- This
leave with pay is deemed to be compensatory leave. Compensatory leave earned and
outstanding at the end of the fiscal year shall be paid at the lawyer's hourly
rate of pay on that date.
- The
provisions of this clause do not apply when the lawyer travels in connection
with courses, training sessions, professional conferences and seminars, unless
the lawyer is required to attend by the Employer.
15.01 Except as provided in clauses 15.02
to 15.08 inclusive, the terms and conditions governing the application of pay
to lawyers are not affected by this Agreement.
15.02 A lawyer is entitled to be paid for
services rendered at:
- the
pay specified in Appendix "A" for the classification of the position
to which he is appointed, if the classification coincides with that prescribed
in his certificate of appointment,
or
- the
pay specified in Appendix "A" for the classification prescribed in
his certificate of appointment, if that classification and the classification
of the position to which he is appointed do not coincide.
15.03 Rates
of Pay
- The
rates of pay set forth in Appendix "A" shall become effective on the
dates specified.
- Where
the rates of pay set forth in Appendix "A" have an effective date
prior to the date of signing of this Agreement, the following shall apply:
- "retroactive period" for the
purpose of subparagraphs (ii) to (v) means the period from the effective date
of the revision up to and including the day before the collective agreement is
signed or when an arbitral award is rendered therefore;
- a retroactive upward revision in rates of
pay and associated recalculations as identified in the Directive on Terms and
Conditions of Employment shall apply to lawyers, former lawyers or in the case
of death, the estates of former lawyers who were employees in the Law bargaining
unit during the retroactive period;
- for initial appointments made during the
retroactive period, the rate of pay selected in the revised rates of pay is the
rate which is shown immediately below the rate of pay being received prior to
the revision;
- for promotions, demotions, deployments,
transfers or acting situations effective during the retroactive period, the
rate of pay shall be recalculated, in accordance with the Directive on Terms and Conditions of
Employment, using the revised rates of pay. If the recalculated rate of
pay is less than the rate of pay the lawyer was previously receiving, the
revised rate of pay shall be the rate, which is nearest to, but not less than
the rate of pay being received prior to the revision. However, where the recalculated
rate is at a lower step in the range, the new rate shall be the rate of pay
shown immediately below the rate of pay being received prior to the revision;
- no payment or no notification shall be made
pursuant to paragraph 15.03(b) for one dollar ($1.00) or less.
15.04 Only rates of pay which have been
paid to a lawyer during the retroactive period will be recomputed and the
difference between the amount paid on the old rates of pay and the amount
payable on the new rates of pay will be paid to the lawyer.
15.05 Acting Pay
- When a lawyer is required by the Employer
to substantially perform the duties of a higher classification level on an acting
basis for a period of at least six (6) consecutive working days, the lawyer
shall be paid acting pay calculated from the date on which the lawyer commenced
to act as if the lawyer had been appointed to that higher classification level
or managerial position for the period in which the lawyer acts.
- 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.
15.06 Effective November 1, 2009, the
performance pay plan in Appendix "B" will apply to lawyers at the LA-1 and LA-2
levels and the performance pay plan in Appendix "C" will apply to lawyers at the
LA-3 level.
Clauses 15.07 and 15.08 only
apply to LAs subject to the lock step pay structure (BUD 21402), and no longer
apply after October 31, 2009.
15.07 The pay increment date for a lawyer
who was appointed to a position in the bargaining unit prior to the date of
signing remains unchanged.
15.08 Pay Administration
When two (2) or more of the following actions occur on the
same date, namely appointment, pay increment, pay revision, the lawyer's rate
of pay shall be calculated in the following sequence:
- he
shall receive his pay increment;
- his
rate of pay shall be revised;
- his
rate of pay on appointment shall be established in accordance with this
Agreement.
16.01 Subject to clause 16.02, the
following days shall be designated paid holidays for lawyers:
- New
Year's Day,
- Good
Friday,
- Easter
Monday,
- the
day fixed by proclamation of the Governor in Council for celebration of the
Sovereign's Birthday,
- Canada
Day,
- Labour
Day,
- the
day fixed by proclamation of the Governor in Council as a general day of
Thanksgiving,
- Remembrance
Day,
- Christmas
Day,
- Boxing
Day,
- one
(1) 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 lawyer
is employed or in any area where, in the opinion of the Employer, no such day
is recognized as a provincial or civic holiday, the first (1st) Monday in
August,
and
- one
(1) additional day when proclaimed by an Act of Parliament as a National
Holiday. (Arbitral award dated October
23, 2009, provision effective November 1, 2009)
16.02 A lawyer absent without pay on both
his full working day immediately preceding and his full working day immediately
following a designated paid holiday, is not entitled to pay for the holiday,
except in the case of a lawyer who is granted leave without pay under the
provisions of Article 11, Leave With or Without Pay for Association Business or
for Other Activities under the Public
Service Labour Relations Act.
16.03 Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 16.01
coincides with a lawyer's day of rest, the holiday shall be moved to the lawyer's
first (1st) normal working day following his day of rest.
16.04 When a day designated as a paid
holiday for a lawyer is moved to another day under the provisions of clause 16.03:
- work
performed by a lawyer on the day from which the holiday was moved shall be considered
as work performed on a day of rest,
and
- work
performed by a lawyer on the day to which the holiday was moved, shall be
considered as work performed on a holiday.
16.05 Designated Paid Holiday
Coinciding With a Day of Paid Leave
Where a day that is a designated paid holiday for a lawyer
coincides with a day of leave with pay or is moved as a result of the
application of clause 16.03, the designated paid holiday shall not count as a
day of leave.
17.01 The vacation year shall be from April
1st to March 31st, inclusive.
17.02 Accumulation of Vacation Leave Credits
A lawyer who has earned at least seventy-five (75) hours pay
for each calendar month of a fiscal year shall earn vacation leave credits at
the following rates:
- nine
decimal three seven five (9.375) hours at the lawyer's straight-time hourly
rate until the month in which the lawyer's fifth (5th) anniversary of service
occurs;
- twelve
decimal five (12.5) hours at the lawyer's straight-time hourly rate commencing
with the month in which the lawyer's fifth (5th) anniversary of service occurs;
- thirteen
decimal seven five (13.75) hours at the lawyer's straight-time hourly rate
commencing with the month in which the lawyer's fifteenth (15th) anniversary of
service occurs;
- fourteen
decimal three seven five (14.375) hours at the lawyer's straight-time hourly
rate commencing with the month in which the anniversary of the lawyer's
seventeenth (17th) year of service occurs;
- fifteen
decimal six two five (15.625) hours at the lawyer's straight-time hourly rate
commencing with the month in which the anniversary of the lawyer's eighteenth (18th)
year of service occurs;
- sixteen
decimal eight seven five (16.875) hours at the lawyer's straight-time hourly
rate commencing with the month in which the lawyer's twenty-fifth (25th) anniversary
of service occurs;
- eighteen
decimal seven five (18.75) hours at the lawyer's straight-time hourly rate
commencing with the month in which the anniversary of the lawyer's twenty-eighth
(28th) anniversary of service occurs.
(Arbitral award dated October 23, 2009,
provision effective November 1, 2009).
Clause 17.03 is a grand
parenting clause
17.03 Lawyers who are currently at levels LA-2B
or LA-3 levels and who are entitled or might become entitled, to twenty-five
(25) days of leave before the completion of eighteen (18) years of service,
shall continue to qualify for twenty-five (25) days of leave as before. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
17.04 For the purpose of clause 17.02 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 a lawyer who receives severance pay on lay-off and is
reappointed to the public service within one (1) year following the date of lay-off.
17.05 Granting of Vacation Leave With Pay
- Lawyers
are expected to take all their vacation leave during the vacation year in which
it is earned.
- The
Employer reserves the right to schedule a lawyer's vacation leave with pay but
subject to operational requirements, shall make every reasonable effort:
- to grant a lawyer's vacation leave with pay
in an amount and at such time as the lawyer may request;
- not to recall a lawyer to duty after the
lawyer has proceeded on vacation leave with pay.
17.06 A lawyer is entitled to vacation
leave with pay to the extent of his earned credits but a lawyer who has
completed six (6) months of continuous employment may receive an advance of credits
equivalent to the anticipated credits for the vacation year.
17.07 Where, in respect of any period of
vacation leave, a lawyer:
- is
granted bereavement leave,
or
- is
granted sick leave on production of a medical certificate,
or
- is
granted court leave in accordance with paragraph 19.15(c),
the period of vacation leave so displaced shall either be
added to the vacation period if requested by the lawyer and approved by the
Employer or reinstated for use at a later date.
17.08 Carry-Over and Liquidation of Vacation Leave
- Where
in any vacation year, a lawyer has not been granted all of the vacation leave
credited to him or her, the unused portion of his or her vacation leave credits up to a maximum of two hundred and
sixty two decimal five (262.5) hours
shall be carried over into the following vacation year. All vacation leave
credits in excess of two hundred and sixty two decimal five (262.5) hours
shall be automatically paid in cash at the lawyer's daily rate of pay as
calculated from the classification prescribed in the certificate of appointment
of the lawyer's substantive position on the last day of the vacation year.
- Notwithstanding
paragraph (a), if on the date of signing of this Agreement or on the date a
lawyer becomes subject to this Agreement, a lawyer has more than two hundred and sixty two decimal five (262.5) hours of unused vacation leave credits earned
during previous years, a minimum of seventy-five (75) hours credit per year
shall be granted, or paid in cash by March 31st of each year, until all
vacation leave credits in excess of two hundred and sixty two decimal five (262.5) hours have been liquidated. Payment shall be in one (1) instalment per year,
and shall be at the lawyer's daily rate of pay as calculated from the
classification prescribed in the certificate of appointment of the lawyer's
substantive position on March 31st of the applicable previous vacation year.
17.09 Immediately following March 31, upon
application by the lawyer and at the discretion of the Employer, vacation leave
credits in excess of one hundred twelve decimal five (112.5) hours may be paid
in cash at the lawyer's daily rate of pay as calculated from the classification
prescribed in the lawyer's certificate of appointment of his substantive
position on March 31st.
17.10 Recall From Vacation Leave With Pay
Where, during any period of vacation leave with pay, a
lawyer is recalled to duty, the lawyer shall be reimbursed for reasonable
expenses, as normally defined by the Employer, that the lawyer incurs:
- in
proceeding to the lawyer's place of duty,
and
- in returning to the place from which the lawyer was recalled
if the lawyer immediately resumes vacation upon completing the assignment for
which the lawyer was recalled,
after submitting such accounts as are normally required by
the Employer.
17.11 The lawyer shall not be considered as
being on vacation leave with pay during any period in respect of which the
lawyer is entitled under clause 17.10 to be reimbursed for reasonable expenses
incurred by the lawyer.
17.12 When the Employer cancels or alters a
scheduled period of vacation leave of a lawyer, which has been approved in
writing in advance, the lawyer shall be reimbursed for the non-returnable
portion of vacation contracts and reservations made by the lawyer in respect of
that period, subject to presentation of such documentation as the Employer may
require. The lawyer must make every reasonable attempt to mitigate any losses
incurred and will provide proof of such action to the Employer.
17.13 Leave When Employment Terminates
When a lawyer dies or otherwise ceases to be employed, he or
his estate shall be paid an amount equal to the product obtained by multiplying
the number of days of earned but unused vacation and furlough leave with pay to
his credit by the daily rate of pay applicable to the lawyer's authorized
classification immediately prior to the termination of his employment.
17.14 Vacation Leave Credits for Severance Pay
Where the lawyer requests, the Employer shall grant the
lawyer the unused vacation leave credits prior to termination of employment if
this will enable the lawyer, for purposes of severance pay, to complete the
first (1st) year of continuous employment in the case of lay-off, and the tenth
(10th) year of continuous employment in the case of resignation.
18.01 Credits
A lawyer shall earn sick leave credits at the rate of nine decimal
three seven five (9.375) hours for each calendar month for which he receives
pay for at least seventy-five (75) hours.
18.02 A lawyer shall be granted sick leave
with pay when he is unable to perform his duties because of illness or injury
provided that:
- he satisfies the Employer of this condition in such a manner
and at such a time as may be determined by the Employer,
and
- he
has the necessary sick leave credits.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
18.03 A lawyer shall not be granted sick
leave with pay during any period in which he is on leave without pay, or under
suspension.
18.04 When a lawyer 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 lawyer was not granted sick leave with pay.
18.05
- Where a lawyer has insufficient or no credits to cover the granting of sick
leave with pay under the provisions of clause 18.02 above, sick leave with pay
may, at the discretion of the Employer, be granted to a lawyer 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.
- Notwithstanding the foregoing, a lawyer at the LA-3 level who has
insufficient credits to cover the granting of sick leave with pay during the
lawyer's entire period of illness may be granted, at the discretion of the
Employer, an advance of sick leave credits of up to one hundred and thirty (130)
working days. Any amounts so granted shall not be recovered from future earned
sick leave credits.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
18.06 Unless the lawyer is otherwise
informed by the Employer, a statement signed by him stating that because of
illness or injury he was unable to perform the lawyer's duties shall, when
delivered to the Employer, be considered as meeting the requirements of
paragraph 18.02(a).
The Employer may obtain at any time a medical opinion from
Health Canada or its authorized agent on the lawyer's ability to perform all or
some of his duties. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
19.01 In respect to applications for leave
made pursuant to this Article, the lawyer may be required to provide
satisfactory validation of the circumstances necessitating such requests.
19.02 Bereavement Leave With Pay
For the purpose of this clause, immediate family is defined
as the father, mother, child (or alternatively stepparent, foster parent,
stepchild or ward) of the lawyer or the lawyer's spouse (including common-law
partner), brother, sister, spouse (including common-law partner), grandchild of
the lawyer, the lawyer's grandparent, or any other relative permanently
residing in the lawyer's household or with whom the lawyer permanently resides.
- When
a member of the lawyer's immediate family dies, a lawyer:
- shall be entitled to a bereavement period
of five (5) consecutive calendar days which must include the day of the
funeral. During such period the lawyer shall be paid for those days which are
not regularly scheduled days of rest for that lawyer.
- In addition, the lawyer may be granted up
to three (3) days' leave with pay for the purpose of travel related to the
death.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
- 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 and/or in a manner
different than that provided for in paragraph 19.02(a).
19.03 Maternity Leave
Without Pay
- A lawyer who becomes pregnant shall,
upon request, be granted maternity leave without pay for a period beginning
before, on or after the termination date of pregnancy and ending not later than
eighteen (18) weeks after the termination date of pregnancy.
- Notwithstanding
paragraph (a):
- where the lawyer has not yet proceeded on
maternity leave without pay and her newborn child is hospitalized,
or
- where the lawyer has proceeded on
maternity leave without pay and then returns to work for all or part of the
period during which her newborn child is hospitalized,
the
period of maternity leave without pay defined in paragraph (a) may be extended
beyond the date falling eighteen (18) weeks after the date of termination of
pregnancy by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on maternity leave, to a
maximum of eighteen (18) weeks.
- The
extension described in paragraph (b) shall end not later than fifty-two (52)
weeks after the termination date of pregnancy.
- The Employer may require a lawyer to submit
a medical certificate certifying pregnancy.
- A
lawyer who has not commenced maternity leave without pay may elect to:
- use earned vacation and compensatory leave
credits up to and beyond the date that her pregnancy terminates;
- use her sick leave credits up to and
beyond the date that her pregnancy terminates, subject to the provisions set
out in Article 18, Sick Leave With Pay. For purposes of this subparagraph, the
terms "illness" or "injury" used in Article 18, Sick Leave
With Pay, shall include medical disability related to pregnancy.
- A lawyer shall inform the Employer in
writing of her plans for taking leave with and without pay to cover her absence
from work due to the pregnancy at least four (4) weeks in advance of the
initial date of continuous leave of absence during which termination of
pregnancy is expected to occur unless there is a valid reason why the notice
cannot be given.
- Leave
granted under this clause shall be counted for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
be counted for pay increment purposes.
19.04 Maternity Allowance
- A
lawyer 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 paragraphs (c) to (i), provided
that she:
- has completed six (6) months of continuous
employment before the commencement of her maternity leave without pay,
- provides the Employer with proof that she
has applied for and is in receipt of maternity benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
- has signed an agreement with the Employer
stating that:
- she will return to work on the expiry date of her
maternity leave without pay unless the return to work date is modified by the
approval of another form of leave;
- following her
return to work, as described in section (A), she will work for a period equal
to the period she was in receipt of maternity allowance;
- should she fail
to return to work in accordance with section (A), or should she return to work
but fail to work for the total period specified in section (B), for reasons
other than death, lay-off, early termination due to lack of work or
discontinuance of a function of a specified period of employment that would
have been sufficient to meet the obligations specified in section (B), or
having become disabled as defined in the
Public Service Superannuation Act, she will be indebted to the Employer for
an amount determined as follows: however, a lawyer whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
her new period of employment is sufficient to meet the obligations specified in
section (B).
- For
the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall
count as time worked. Periods of leave without pay during the lawyer's return
to work will not be counted as time worked but shall interrupt the period
referred to in section (a)(iii)(B), without activating the recovery provisions
described in section (a)(iii)(C).
- Maternity
allowance payments made in accordance with the SUB Plan will consist of the
following:
- where a lawyer is subject to a waiting
period of two (2) weeks before receiving Employment Insurance maternity
benefits, ninety-three per cent (93%) of her weekly rate of pay for each week
of the waiting period, less any other monies earned during this period,
and
- for each week that the lawyer receives a
maternity benefit under the Employment Insurance or the Québec Parental
Insurance Plan, she is eligible to receive the difference between ninety-three per
cent (93%) of her weekly rate of pay and the maternity benefit, less any other
monies earned during this period which may result in a decrease in her
maternity benefit to which she would have been eligible if no extra monies had
been earned during this period.
- At
the lawyer's request, the payment referred to in subparagraph 19.04(c)(i) will
be estimated and advanced to the employee. Adjustments will be made once the
employee provides proof of receipt of Employment Insurance or Québec Parental
Insurance Plan maternity benefits.
- The
maternity allowance to which a lawyer is entitled is limited to that provided
in paragraph (c) and an employee will not be reimbursed for any amount that she
may be required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
- The
weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time lawyer, the lawyer's weekly
rate of pay on the day immediately preceding the commencement of maternity
leave without pay,
- for a lawyer who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6) month
period preceding the commencement of maternity leave, the rate obtained by
multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained
by dividing the lawyer's straight time earnings by the straight time earnings
the employee would have earned working full-time during such period.
- The
weekly rate of pay referred to in paragraph (f) shall be the rate to which the
employee is entitled for her substantive level to which she is appointed.
- Notwithstanding
paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately
preceding the commencement of maternity leave without pay a lawyer has been on
an acting assignment for at least four (4) months, the weekly rate shall be the
rate she was being paid on that day.
- Where
a lawyer becomes eligible for a pay increment or pay revision while in receipt
of the maternity allowance, the allowance shall be adjusted accordingly.
- Maternity
allowance payments made under the SUB Plan will neither reduce nor increase a
lawyer's deferred remuneration or severance pay.
19.05 Special Maternity Allowance for
Totally Disabled Lawyers
- A lawyer who:
- fails to satisfy the eligibility
requirement specified in subparagraph 19.04(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term
Disability (LTD) Insurance portion of the Public Service Management Insurance
Plan (PSMIP) or the Government Employees
Compensation Act prevents her from receiving Employment Insurance or Québec
Parental Insurance Plan maternity benefits;
and
- has satisfied all of the other eligibility
criteria specified in paragraph 19.04(a), other than those specified in
sections (A) and (B) of subparagraph 19.04(a)(iii);
shall be
paid, in respect of each week of maternity allowance not received for the
reason described in subparagraph 19.05(a)(i), the difference between ninety-three
per cent (93%) of her weekly rate of pay, and the gross amount of her weekly
disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
- A
lawyer shall be paid an allowance under this clause and under clause 19.04 for
a combined period of no more than the number of weeks during which she would
have been eligible for maternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan had she not been disqualified from Employment
Insurance or Québec Parental Insurance Plan maternity benefits for the reasons
described in subparagraph 19.05(a)(i).
19.06 Parental Leave Without Pay
- Where a lawyer has or will have the
actual care and custody of a new-born child (including the new-born child of a
common-law partner), the lawyer 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 lawyer's care.
- Where an lawyer 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 lawyer shall,
upon request, be granted parental leave without pay for a single period of up
to thirty-seven (37) consecutive weeks in the fifty-two week (52) period
beginning on the day on which the child comes into the lawyer's care.
- Notwithstanding
paragraphs (a) and (b) above, at the request of a lawyer and at the discretion
of the Employer, the leave referred to in the paragraphs (a) and (b) above may
be taken in two (2) periods.
- Notwithstanding paragraphs (a) and
(b):
- where the lawyer's child is hospitalized
within the period defined in the above paragraphs, and the lawyer has not yet
proceeded on parental leave without pay,
or
- where the lawyer has proceeded on parental
leave without pay and then returns to work for all or part of the period during
which his or her child is hospitalized,
the
period of parental leave without pay specified in the original leave request
may be extended by a period equal to that portion of the period of the child's
hospitalization during which the lawyer 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.
- A
lawyer who intends to request parental leave without pay shall notify the Employer
at least four (4) weeks in advance of the commencement date of such leave.
- The
Employer may:
- defer the commencement of parental leave
without pay at the request of the lawyer;
- grant the lawyer parental leave without
pay with less than four (4) weeks' notice;
- require a lawyer to submit a birth
certificate or proof of adoption of the child.
- Leave
granted under this clause shall count for the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave. Time spent on such leave shall
count for pay increment purposes.
19.07 Parental Allowance
- A
lawyer who has been granted parental leave without pay, shall be paid a
parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing
he or she:
- has completed six (6) months of continuous
employment before the commencement of parental leave without pay,
- provides
the Employer with proof that he or she has applied for and is in receipt of
parental, paternity or adoption benefits under the Employment Insurance or the
Québec Parental Insurance Plan in respect of insurable employment with the
Employer,
and
- has signed an agreement with the Employer
stating that:
- the lawyer will return to work on the
expiry date of his/her parental leave without pay, unless the return to work
date is modified by the approval of another form of leave;
- following his or her return to work, as
described in section (A), the lawyer will work for a period equal to the period
the employee was in receipt of the parental allowance, in addition to the
period of time referred to in section 19.04(a)(iii)(B), if applicable;
- should he or she fail to return to work
in accordance with section (A) or should he or she return to work but fail to
work the total period specified in section (B), for reasons other than death,
lay-off, early termination due to lack of work or discontinuance of a function
of a specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as defined in
the Public Service Superannuation Act,
he or she will be indebted to the Employer for an amount determined as follows: however, a lawyer whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
his or her new period of employment is sufficient to meet the obligations
specified in section (B).
- For
the purpose of sections (a)(iii)(B) and (C), periods of leave with pay shall
count as time worked. Periods of leave without pay during the lawyer's return
to work will not be counted as time worked but shall interrupt the period
referred to in section (a)(iii)(B), without activating the recovery provisions
described in section (a)(iii)(C).
- Parental
Allowance payments made in accordance with the SUB Plan will consist of the
following:
- where a lawyer is subject to a waiting
period of two (2) weeks before receiving Employment Insurance parental
benefits, ninety-three per cent (93%) of his/her weekly rate of pay, for each
week of the waiting period, less any other monies earned during this period;
- for each week the lawyer receives
parental, adoption or paternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan, he or she is eligible to receive the difference
between ninety-three per cent (93%) of his or her weekly rate of pay and the
parental, adoption or paternity benefit, less any other monies earned during
this period which may result in a decrease in his/her parental, adoption or
paternity benefit to which he or she would have been eligible if no extra
monies had been earned during this period;
- where a lawyer has received the full
eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of
parental benefit under the Québec Parental Insurance Plan and thereafter
remains on parental leave without pay, she is eligible to receive a further
parental allowance for a period of two (2) weeks, ninety-three per cent (93%)
of her weekly rate of pay for each week, less any other monies earned during
this period.
- At
the lawyer's request, the payment referred to in subparagraph 19.07(c)(i) will
be estimated and advanced to the lawyer. Adjustments will be made once the
lawyer provides proof of receipt of Employment Insurance or Québec Parental
Insurance Plan parental benefits.
- The
parental allowance to which an employee is entitled is limited to that provided
in paragraph (c) and a lawyer will not be reimbursed for any amount that he or
she is required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
- The
weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time lawyer, the lawyer's weekly
rate of pay on the day immediately preceding the commencement of maternity or
parental leave without pay;
- for a lawyer who has been employed on a
part-time or on a combined full-time and part-time basis during the six (6) month
period preceding the commencement of maternity or parental leave without pay,
the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by
the fraction obtained by dividing the lawyer's straight time earnings by the
straight time earnings the employee would have earned working full-time during
such period.
- The
weekly rate of pay referred to in paragraph (f) shall be the rate to which the
lawyer is entitled for the substantive level to which she or he is appointed.
- Notwithstanding
paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately
preceding the commencement of parental leave without pay a lawyer is performing
an acting assignment for at least four (4) months, the weekly rate shall be the
rate the lawyer was being paid on that day.
- Where
a lawyer becomes eligible for a pay increment or pay revision while in receipt
of parental allowance, the allowance shall be adjusted accordingly.
- Parental
allowance payments made under the SUB Plan will neither reduce nor increase a
lawyer's deferred remuneration or severance pay.
- The
maximum combined 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.
19.08 Special Parental Allowance for Totally Disabled Lawyers
- A
lawyer who:
- fails to satisfy the eligibility
requirement specified in subparagraph 19.07(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term
Disability (LTD) Insurance portion of the Public Service Management Insurance
Plan (PSMIP) or via the Government
Employees Compensation Act prevents the lawyer from receiving Employment
Insurance or Québec Parental Insurance Plan benefits;
and
- has satisfied all of the other eligibility
criteria specified in paragraph 19.07(a), other than those specified in
sections (A) and (B) of subparagraph 19.07(a)(iii);
shall be
paid, in respect of each week of benefits under the parental allowance not
received for the reason described in subparagraph 19.08(a)(i), the difference
between ninety-three per cent (93%) of the lawyer's rate of pay, and the gross
amount of his or her weekly disability benefit under the DI Plan, the LTD Plan
or via the Government Employees
Compensation Act.
- A
lawyer shall be paid an allowance under this clause and under clause 19.07 for
a combined period of no more than the number of weeks during which the lawyers
would have been eligible for parental, paternity or adoption benefits under the
Employment Insurance or the Québec Parental Insurance Plan, had the lawyer not
been disqualified from Employment Insurance or Québec Parental Insurance Plan
benefits for the reasons described in subparagraph 19.08(a)(i).
19.09 Medical Appointment for Pregnant Lawyers
- Up
to three decimal seven five (3.75) hours of reasonable time off with pay will
be granted to pregnant lawyers for the purpose of attending routine medical
appointments.
- Where
a series of continuing appointments are necessary for the treatment of a
particular condition relating to the pregnancy, absences shall be charged to
sick leave.
19.10 Leave Without Pay for the Care of Immediate Family
Transitional Provisions
A lawyer
who becomes a member of the bargaining unit on or after the date of signature
of this agreement and who is on Leave Without Pay for the Care and Nurturing of
the lawyer's Pre-School Age Children or on Leave Without Pay for the Long-Term
Care of a Parent under the terms of another agreement, continues on that leave
for the approved duration or until the lawyer's return to work, if the lawyer
returns to work before the end of the approved leave.
All leave granted under Leave Without Pay for the Care and
Nurturing of the lawyer's Pre-School Age Children or under Leave Without Pay for the Long-Term Care of a
Parent under the terms of agreements other than the present agreement will not
count towards the calculation of the maximum amount of time allowed for Care of
Immediate Family during a lawyer's total period of employment in the public
service.
This Article is also applicable to lawyers who have been
granted Leave Without Pay for the Care and Nurturing of the lawyer's Pre-School
Age Children or Leave Without Pay for the Long-Term Care of a Parent before the
signature of the present agreement and have proceeded on leave on or after the
date of signature of this agreement.
Subject to operational requirements, a lawyer shall be
granted leave without pay for the care of immediate family in accordance with
the following conditions:
- for
the purpose of this clause, family is defined as spouse (or common-law partner
resident with the lawyer), children (including foster children or children of
spouse or common-law partner) parents (including step-parents or foster parent)
or any relative permanently residing in the lawyer's household or with whom the
lawyer permanently resides.
- a
lawyer shall notify the Employer in writing as far in advance as possible but
not less then four (4) weeks in advance of the commencement date of such leave,
unless such notice cannot be given, because of an urgent or unforeseeable
circumstance;
- leave
granted under this clause shall be for a minimum period of three (3) weeks;
- the
total leave granted under this clause shall not exceed five (5) years during a
lawyer's total period of employment in the public service.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
19.11 Leave Without Pay for Personal Needs
Leave without pay will be granted for personal needs, in the
following manner:
- Subject
to operational requirements, leave without pay for a period of up to three (3) months
will be granted to a lawyer for personal needs.
- Subject
to operational requirements, leave without pay of more than three (3) months
but not exceeding one (1) year will be granted to a lawyer for personal needs.
- A
lawyer is entitled to leave without pay for personal needs only once under each
of paragraphs (a) and (b) of this clause during his total period of employment
in the public service. Leave without pay granted under this clause may not be
used in combination with maternity, paternity or adoption leave without the
consent of the Employer.
- Leave granted under paragraph (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 be counted for pay increment
purposes.
- Leave without pay granted under paragraph
(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 lawyer involved. Time
spent on such leave shall not be counted for pay increment purposes.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
19.12 Leave Without Pay
for Relocation of Spouse
- At the request of a lawyer, leave
without pay for a period of up to one (1) year shall be granted to a lawyer
whose spouse is permanently relocated and up to five (5) years to a lawyer
whose spouse is temporarily relocated.
- Leave without pay granted under this
clause shall be deducted from the calculation of "continuous employment"
for the purpose of calculating severance pay and "service" for the purpose
of calculating vacation leave for the lawyer 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.
19.13 Leave With Pay for Family-Related Responsibilities
- For
the purpose of this clause, family is defined as spouse (or common-law partner
resident with the lawyer), children (including foster children, children of
legal or common-law partner), parents (including stepparents or foster
parents), or any relative permanently residing in the lawyer's household or with
whom the lawyer permanently resides.
- The
Employer shall grant leave with pay under the following circumstances:
- a lawyer is expected to make every
reasonable effort to schedule medical or dental appointments for family members
to minimize or preclude his absence from work, however, when alternate
arrangements are not possible a lawyer shall be granted up to one (1) day for a
medical or dental appointment when the family member is incapable of attending
the appointment by himself, or for appointments with appropriate authorities in
schools or adoption agencies. A lawyer requesting leave under this provision
must notify his supervisor of the appointment as far in advance as possible;
- leave with pay to provide for the
immediate and temporary care of a sick or elderly member of the lawyer's family
and to provide a lawyer with time to make alternate care arrangements where the
illness is of a longer duration;
- leave with pay for needs directly related to the birth or to the
adoption of the lawyer's child.
- The
total leave with pay which may be granted under subparagraph (b)(i), (ii) and
(iii) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
19.14 Volunteer Leave
Subject to operational requirements as determined by the
Employer and with an advance notice of at least five (5) working days, the
lawyer 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 organisation or activity, other than for activities
related to the Government of Canada Workplace
Charitable Campaign;
The leave will be scheduled at a time convenient both to the
lawyer and the Employer. Nevertheless, the Employer shall make every reasonable
effort to grant the leave at such a time as the lawyer may request.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
19.15 Court Leave With Pay
Leave with pay shall be given to every lawyer, other than a
lawyer already on leave without pay, on education leave, or under suspension
who is required:
- to
be available for jury selection;
- to
serve on a jury;
or
- by
subpoena or summons to attend as a witness in any proceeding held:
- in or under the authority of a court of
justice or before a grand jury,
- before a court, judge, justice, magistrate
or coroner,
- before the Senate or House of Commons of
Canada or a committee of the Senate or House of Commons otherwise than in the
performance of the duties of his position,
- before a legislative council, legislative
assembly or house of assembly, or any committee thereof that is authorized by
law to compel the attendance of witnesses before it,
or
- before an arbitrator or umpire or a person
or body of persons authorized by law to make an inquiry and to compel the
attendance of witnesses before it.
19.16 Personnel Selection Leave With Pay
Where a lawyer 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 lawyer is entitled to leave with pay for
the period during which the lawyer's presence is required for purposes of the
selection process, and for such further period as the Employer considers
reasonable for the lawyer to travel to and from the place where his presence is
so required. This clause applies equally in respect of the personnel selection
processes related to deployment.
19.17 Injury-on-duty Leave With Pay
A lawyer shall be granted injury-on-duty leave with pay for
such reasonable period as may be determined by the Employer where it is
determined by a Provincial Worker's Compensation Board that he is unable to
perform his duties because of:
- personal
injury accidentally received in the performance of his duties and not caused by
the lawyer's wilful misconduct,
- sickness
resulting from the nature of his employment,
or
- exposure
to hazardous conditions in the course of his employment,
if the lawyer agrees to pay to the Receiver General of
Canada any amount received by him for loss of wages in settlement of any claim
he may have in respect of such injury, sickness or exposure, providing,
however, that such amount does not stem from a personal disability policy for which
the Employer or the lawyer's agent paid the premium.
19.18 Religious Observance
- The
Employer shall make every reasonable effort to accommodate a lawyer who
requests time off to fulfil his or her religious obligations.
- Lawyers
may, in accordance with the provisions of this Agreement, request annual leave,
compensatory leave, leave without pay for other reasons in order to fulfil
their religious obligations.
- Notwithstanding
paragraph 19.18(b), at the request of the lawyer and at the discretion of the
Employer, time off with pay may be granted to the lawyer 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.
- A
lawyer 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.
19.19 Other Leave With or Without Pay
At its discretion, the Employer may grant:
- leave
with pay when circumstances not directly attributable to the lawyer prevent his
or her reporting for duty;
- leave
with or without pay for purposes other than those specified in this Agreement;
- Personal Leave
- Subject
to operational requirements as determined by the Employer and with an advance
notice of at least five (5) working days, the lawyer 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 a time convenient to both the lawyer and the
Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such a time as the lawyer may request.
19.20 Maternity-Related Reassignment or Leave
- A lawyer who is pregnant or nursing
may, during the period from the beginning of pregnancy to the end of the twenty-fourth
(24th)
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. (Arbitral award
dated October 23, 2009, provision effective November 1, 2009).
- A
lawyer's request under paragraph (a) 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 a medical opinion from Health Canada or its authorized
agent. (Arbitral award dated October 23,
2009, provision effective November 1, 2009).
- A
lawyer who has made a request under paragraph 19.20(a) 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:
- modifies her job functions or reassigns
her,
or
- informs her in writing that it is not
reasonably practicable to modify her job functions or reassign her.
- Where reasonably practicable, the Employer shall modify the lawyer's
job functions or reassign her.
- 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
lawyer in writing and shall grant leave of absence without pay to the lawyer
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.
- A lawyer 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.
20.01 General
The parties recognize that in order to maintain and enhance
professional expertise, lawyers, from time to time, need to have an opportunity
to attend or participate in career development activities described in this Article.
(Arbitral award dated October 23, 2009,
provision effective November 1, 2009).
20.02 Education Leave
- A
lawyer 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 him to fill his 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.
- A
lawyer on Education Leave without pay under this clause shall receive an
allowance in lieu of salary up to one hundred per cent (100%) of his basic
salary. The percentage of the allowance is at the discretion of the Employer.
Where the lawyer 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.
- Allowances already being received by the lawyer may, at the
discretion of the Employer, be continued during the period of the education
leave. The lawyer shall be notified when the leave is approved whether such
allowances are to be continued in whole or in part.
- As a condition to the granting of
education leave, a lawyer 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 lawyer, except
with the permission of the Employer:
- fails to complete the course,
- does not resume employment with the
Employer on completion of the course,
or
- ceases to be employed, except by reason
of death or lay-off, before termination of the period he has undertaken to
serve after completion of the course,
he shall
repay the Employer all allowances paid to him under this clause during the
education leave or such lesser sum as shall be determined by the Employer.
20.03 Attendance at Conferences and Conventions
- The parties to this Agreement recognize that attendance or
participation at conferences, conventions, symposia, workshops and other
gatherings of a similar nature contributes to the maintenance of high professional
standards.
- In order to benefit from an exchange of knowledge and
experience, a lawyer shall have the opportunity on occasion to attend
conferences and conventions which are related to his field of specialization.
- The
Employer may grant leave with pay and reasonable expenses including
registration fees to attend such gatherings.
- A
lawyer 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, in travel status. The Employer shall pay the registration fees of the
convention or conference the lawyer is required to attend.
- A lawyer 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 field of employment, may be granted
leave with pay for this purpose and may, in addition, be reimbursed for his
payment of convention or conference registration fees and reasonable travel
expenses.
- A
lawyer shall not be entitled to any compensation under Article 14, Travelling
Time, in respect of hours he is in attendance at or travelling to or from a
conference or convention under the provisions of this clause, except as provided
by paragraph (d).
20.04 Professional Development
- The
parties to this Agreement share a desire to improve professional standards by
giving the lawyers the opportunity on occasion:
- to participate in workshops, short courses
or similar out-service programs to keep up to date with knowledge and skills in
their respective fields,
- to conduct research or perform work related
to their normal research programs in institutions or locations other than those
of the Employer,
- to carry out research in the lawyer's
field of specialization not specifically related to his assigned work projects
when in the opinion of the Employer such research is needed to enable the
lawyer to fill his present role more adequately.
- Subject
to the Employer's approval a lawyer shall receive leave with pay in order to
participate in the activities described in paragraph 20.04(a).
- A
lawyer may apply at any time for professional development under this clause,
and the Employer may select a lawyer at any time for such professional
development.
- When
a lawyer is selected by the Employer for professional development under this
clause the Employer will consult with the lawyer before determining the
location and duration of the program of work or studies to be undertaken.
- A lawyer selected for professional
development under this clause shall continue to receive his normal compensation
including any increase for which he may become eligible. The lawyer shall not
be entitled to any compensation under Article 13, Hours of Work and Article 14,
Travelling Time, while on professional development under this clause. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009).
- A
lawyer on professional development under this clause may be reimbursed for
reasonable travel expenses and such other additional expenses as the Employer
deems appropriate. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
20.05 Selection Criteria
- After consultation with the
Association, the Employer shall establish Selection Criteria taking into
consideration budgetary and operational constraints for granting leave under
clauses 20.02, 20.03 and 20.04. Upon request, a copy of these criteria will be
provided to a lawyer and/or the Association Representative.
- The
parties to this Collective Agreement acknowledge the mutual benefits to be
derived from consultation on Career Development. To this effect, the Employer,
upon request, will consult with the Association as prescribed in Article 25,
Joint Consultation.
(Arbitral award dated October 23, 2009,
provision effective November 1, 2009).
20.06 Examination Leave With Pay
Leave with pay may be granted to a lawyer for the purpose of
writing an examination which will require the lawyer's absence during his
normal hours of work. Such leave will be granted only where in the opinion of
the Employer the course of study is directly related to the lawyer's duties or
will improve his qualifications.
21.01
- When a lawyer becomes subject to this
Agreement, his or her earned daily leave credits shall be converted into hours.
When a lawyer 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.
- When
leave is granted, it will be granted on an hourly basis and the number of hours
debited for each day of leave being equal to the number of hours of work
scheduled for the lawyer for the day in question.
- Notwithstanding
the above, in clause 19.02, Bereavement Leave with Pay, a "day" will
mean a calendar day.
21.02 When the employment of a lawyer who
has been granted more vacation or sick leave with pay than he has earned is
terminated by death or lay-off, the lawyer is considered to have earned the
amount of leave with pay granted to him.
21.03 The balance of leave with pay
credited to a lawyer by the Employer at the time when this Agreement is signed,
or at a time when he becomes subject to this Agreement, shall be retained by
the lawyer.
21.04 A lawyer is not entitled to leave
with pay during periods he is on leave without pay, on educational leave or
under suspension.
21.05 A lawyer shall not be granted two
(2) different types of leave with pay in respect of the same period of time.
21.06 Except as
otherwise specified in this Agreement, where leave without pay for a period in
excess of three (3) months is granted to a lawyer, the total period of leave
granted shall be deducted from "continuous employment" for the
purpose of calculating severance pay and from "service" for the
purpose of calculating vacation leave; time spent on such leave which is for a
period of more than three (3) months shall not be counted for pay increment
purposes.
22.01 Under the following circumstances and
subject to clause 22.02 a lawyer shall receive severance benefits calculated on
the basis of his weekly rate of pay:
- Lay-Off
- On the first (1st) lay-off after November 28,
1969, two (2) weeks' pay for the first (1st) complete year of continuous employment
and one (1) week's pay for each additional complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1)
week's pay multiplied by the number of days of continuous employment divided by
three hundred and sixty-five (365).
- On second (2nd)
or subsequent lay-off after November 28, 1969, one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), less any
period in respect of which he was granted Severance Pay under subparagraph
22.01(a)(i) above.
- Resignation
- On
resignation, subject to paragraph 22.01(c) and with ten (10) or more years of
continuous employment, one-half (1/2) week's pay for each complete year of
continuous employment up to a maximum of twenty-six (26) years with a maximum
benefit of thirteen (13) weeks' pay.
- Retirement
- On
retirement, when a lawyer is entitled to an immediate annuity or to an immediate
annual allowance under the Public Service
Superannuation Act, 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.
- Death
- If a
lawyer dies, there shall be paid to the lawyer's estate, 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.
- Termination for Cause for Reasons of Incapacity or Incompetence
- When a lawyer
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(1)(e) of the Financial
Administration Act, 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 twenty-eight (28) weeks.
- When a lawyer has completed more than ten
(10) years of continuous employment and ceases to be employed by reason of termination
for cause for reasons of incompetence, pursuant to the provisions of section
12(1)(d) of the Financial Administration
Act, 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 twenty-eight (28) weeks.
22.02 The period of continuous employment
used in the calculation of severance benefits payable to a lawyer under this Article
shall be reduced by any period of continuous employment in respect of which the
lawyer was already granted severance pay, retiring leave or a cash gratuity in
lieu of retiring leave. Under no circumstances shall the maximum severance pay
provided under clause 22.01 be pyramided.
22.03 The weekly rate of pay referred to in
the above clauses shall be the weekly rate of pay to which the lawyer is
entitled for the classification prescribed in his certificate of appointment,
immediately prior to the termination of his employment.
23.01 For the purpose of this Article:
- a formal assessment and/or appraisal
of a lawyer's performance means any written assessment and/or appraisal by any
supervisor of how well the lawyer has performed his assigned tasks during a
specified period in the past;
- formal
assessment and/or appraisals of lawyer performance shall be recorded on a form
prescribed by the Employer for this purpose.
23.02
- When
a formal assessment of a lawyer's performance is made, the lawyer 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 lawyer's signature
on his assessment form shall be considered to be an indication only that its
contents have been read and shall not indicate his concurrence with the
statements contained on the form.
A copy
of the lawyer's assessment form shall be provided to him at the time the assessment
is signed by the lawyer.
- The
Employer's representative(s) who assesses a lawyer's performance must have
observed or been aware of the lawyer's performance for at least one-half (1/2)
of the period for which the lawyer's performance is evaluated.
23.03
When a lawyer disagrees with the assessment and/or appraisal of his work he
shall have the right to present written counter arguments to the manager(s) or
committee(s) responsible for the assessment and/or appraisal decision.
23.04
When a report pertaining to a lawyer's performance or conduct is placed on that
lawyer's personnel file, the lawyer concerned shall be given an opportunity to
sign the report in question to indicate that its contents have been read.
24.01
In cases of alleged misinterpretation or misapplication arising out of
agreements concluded by the National Joint Council (NJC) of the public service
on items which may be included in a collective agreement and which the parties
to this agreement have endorsed, the grievance procedure will be in accordance
with section 15.0 of the NJC By-Laws.
24.02 The parties recognize the value of informal
discussion between lawyers and their supervisors to the end that problems might
be resolved without recourse to a formal grievance. When the parties agree in
writing to avail themselves of an informal conflict management system
established pursuant to section 207 of the PSLRA, the time limits prescribed in
the Article 24, Grievance Procedure, are suspended until either party gives the
other notice in writing to the contrary.
24.03 In determining the time within which
any action is to be taken as prescribed in this procedure, Saturdays, Sundays
and designated holidays shall be excluded.
24.04 The time limits stipulated in this
procedure may be extended by mutual agreement between the Employer and the
lawyer and, where appropriate, the Association Representative.
24.05
Where
the provisions of clauses 24.07, 24.24 or 24.38 cannot be complied with and it
is necessary to present a grievance by mail, the grievance shall be deemed to
have been presented on the day on which it is postmarked and it shall be deemed
to have been received by the Employer on the day it is delivered to the
appropriate office of the department or agency concerned. Similarly the
Employer shall be deemed to have delivered a reply at any level on the date on
which the letter containing the reply is postmarked, but the time limit within
which the grievor may present his grievance at the next higher level shall be
calculated from the date on which the Employer's reply was delivered to the
address shown on the grievance form.
24.06 A grievance shall not be deemed to be
invalid by reason only of the fact that it is not in accordance with the form
supplied by the Employer.
24.07 Individual Grievances
A lawyer who
wishes to present a grievance at any prescribed level in the grievance
procedure, shall transmit this grievance to the lawyer's immediate supervisor
or local officer-in-charge who shall forthwith:
- forward
the grievance to the representative of the Employer authorised to deal with
grievances at the appropriate level,
and
- provide
the lawyer with a receipt stating the date on which the grievance was received
by him.
24.08 Presentation of
Grievance
- Subject
to paragraphs (b) to (g), a lawyer is entitled to present an individual
grievance if he or she feels aggrieved
- by the interpretation or application, in
respect of the lawyer, of
- a provision of
a statute or regulation, or of a direction or other instrument made or issued
by the employer, that deals with terms and conditions of employment, or
- a provision of
a collective agreement or an arbitral award;
or
- as a result of any occurrence or matter
affecting his or her terms and conditions
of employment.
- A
lawyer may not present an individual grievance in respect of which an
administrative procedure for redress is provided under any Act of Parliament,
other than the Canadian Human Rights Act.
- Despite
paragraph (b), a lawyer may not present an individual grievance in respect of
the right to equal pay for work of equal value.
- A lawyer may not present an
individual grievance relating to the interpretation or application, in respect
of the lawyer, of a provision of a collective agreement or an arbitral award
unless the lawyer has the approval of and is represented by the Association.
- A
lawyer who, in respect of any matter, avails himself or herself of a complaint
procedure established by a policy of the employer may not present an individual
grievance in respect of that matter if the policy expressly provides that a
lawyer who avails himself or herself of the complaint procedure is precluded
from presenting an individual grievance under this Article.
- A
lawyer may not present an individual grievance relating to any action taken
under any instruction, direction or regulation given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
- For the purposes of paragraph (f), an
order made by the Governor in Council is conclusive proof of the matters stated
in the order in relation to the giving or making of an instruction, a direction
or a regulation by or on behalf of the Government of Canada in the interest of
the safety or security of Canada or any state allied or associated with Canada.
24.09 There shall be a maximum of three (3)
levels in the grievance procedure. These levels shall be as follows:
- Level
1 - first (1st) level of management;
- Level
2 intermediate level;
- Final
level: the Deputy Minister (or his equivalent) or his delegated representative.
24.10 Representatives
- The
Employer shall designate a representative at each level in the grievance
procedure and shall inform each lawyer to whom the procedure applies of the
title of the person so designated together with the title and address of the
immediate supervisor or local officer-in-charge to whom a grievance is to be
presented.
- This information shall be
communicated to lawyers by means of notices posted by the Employer in places
where such notices are most likely to come to the attention of the lawyers to
whom the grievance procedure applies, or otherwise as determined by agreement
between the Employer and the Association.
24.11 A lawyer may be assisted and/or
represented by the Association when presenting a grievance at any level. The
Association shall have the right to consult with the Employer with respect to a
grievance at each or any level of the grievance procedure.
24.12 A lawyer may present a grievance to
the first (1st) level of the procedure in the manner prescribed in clause 24.07,
not later than the twenty-fifth (25th) day after the earlier of the day on
which the grievor received notification and the day on which the grievor had
knowledge of the alleged violation or misinterpretation or any occurrence or
matter affecting the grievor's terms and condition of employment.
24.13 A lawyer may present a grievance at
each succeeding level in the grievance procedure beyond the first (1st) level
either:
- where
the decision is not satisfactory to the lawyer, within ten (10) days after that
decision or offer for settlement has been conveyed in writing to the lawyer by
the Employer,
or
- where
the Employer has not conveyed a decision to the lawyer within the time
prescribed in clause 24.14, within thirty (30) days after he presented the
grievance at the previous level.
24.14 The Employer shall reply to a lawyer's
grievance at any level of the grievance procedure, except the final level,
within fifteen (15) days after the grievance is presented, and within thirty
(30) days when the grievance is presented at the final level.
24.15 Where a lawyer has been represented
by the Association in the presentation of his grievance, the Employer will
provide 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 lawyer.
24.16 Where a grievance has been presented
up to and including the final level in the grievance process, and the grievance
is not one that may be referred to adjudication, the decision on the grievance
taken at the final level in the grievance process is final and binding and no
further action may be taken under the Public
Service Labour Relations Act.
24.17 Where it appears that the nature of
the grievance is such that a decision cannot be given below a particular level
of authority, any or all the levels except the final level may be eliminated by
agreement of the Employer and the lawyer, and, where applicable, the
Association.
24.18 Where the Employer demotes or
terminates a lawyer 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
grievance may be presented at the final level only.
24.19 A lawyer may by written notice to his
immediate supervisor or officer-in-charge withdraw a grievance.
24.20 Any lawyer who fails to present a
grievance to the next higher level within the prescribed time limits shall be
deemed to have abandoned the grievance unless, due to circumstances beyond his
control, he was unable to comply with the prescribed time limits.
24.21
No person shall seek by intimidation, by threat of dismissal or by any other
kind of threat to cause a lawyer to abandon his grievance or refrain from exercising
his right to present a grievance, as provided in this Collective Agreement.
24.22 Reference to Adjudication
- A
lawyer may within thirty (30) days refer to adjudication an individual
grievance that has been presented up to and including the final level in the
grievance process and that has not been dealt with to the lawyer's satisfaction
if the grievance is related to:
- the interpretation or application in
respect of the lawyer of a provision of a collective agreement or an arbitral
award;
- a disciplinary action resulting in
termination, demotion, suspension or financial penalty;
- demotion or termination under paragraph
12(1)(d) of the Financial Administration
Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act
for any other reason that does not relate to a breach of discipline or
misconduct;
- deployment under the Public Service Employment Act without the lawyer's consent where
consent is required.
- When
an individual grievance has been referred to adjudication and a party to the
grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party
must, in accordance with the regulations, give notice of the issue to the
Canadian Human Rights Commission.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in paragraph
(b).
- Nothing
in paragraph (a) above is to be construed or applied as permitting the referral
to adjudication of an individual grievance with respect to:
- any termination of employment under the Public Service Employment Act;
or
- any deployment under the Public Service Employment Act, other
than the deployment of the lawyer who presented the grievance.
24.23 Before referring an individual grievance
related to matters referred to in subparagraph 24.22(a)(i), the lawyer must
obtain the approval of the Association.
24.24 Group Grievances
The Association may present a grievance at any prescribed
level in the grievance procedure, and shall transmit this grievance to the
officer-in-charge who shall forthwith:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate level,
and
- provide the Association with a receipt
stating the date on which the grievance was received by him.
24.25 Presentation of Group Grievance
- The
Association may present to the employer a group grievance on behalf of lawyers
in the bargaining unit who feel aggrieved by the interpretation or application,
common in respect of those lawyers, of a provision of a collective agreement or
an arbitral award.
- In
order to present the grievance, the Association must first obtain the consent
of each of the lawyers concerned in the form provided for by the regulations.
The consent of a lawyer is valid only in respect of the particular group
grievance for which it is obtained.
- The
group grievance must relate to lawyers in a single portion of the federal
public administration.
- The
Association may not present a group grievance in respect of which an
administrative procedure for redress is provided under any Act of Parliament,
other than the Canadian Human Rights Act.
- Despite
paragraph (d), the Association may not present a group grievance in respect of
the right to equal pay for work of equal value.
- If a
lawyer has, in respect of any matter, availed himself or herself of a complaint
procedure established by a policy of the Employer, the Association may not
include that lawyer as one on whose behalf it presents a group grievance in
respect of that matter if the policy expressly provides that a lawyer who
avails himself or herself of the complaint procedure is precluded from
participating in a group grievance under this Article.
- The
Association may not present a group grievance relating to any action taken
under any instruction, direction or regulation given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
- For the purposes of paragraph (g), an
order made by the Governor in Council conclusive proof of the matters stated
in the order in relation to the giving or making of an instruction, a direction
or a regulation by or on behalf of the Government of Canada in the interest of
the safety or security of Canada or any state allied or associated with Canada.
24.26 There shall be a maximum of three (3)
levels in the grievance procedure. These levels shall be as follows:
- Level
1 - first (1st) level of management;
- Level
2 - intermediate level;
- Final level - the Deputy Minister (or his
equivalent) or his delegated representative.
24.27 The Employer shall
designate a representative at each level in the grievance procedure and shall
inform the Association of the title of the person so designated together with
the title and address of the officer-in charge to whom a grievance is to be
presented.
24.28 The Association shall have the right
to consult with the Employer with respect to a grievance at each or any level
of the grievance procedure.
24.29 The Association may present a
grievance to the first (1st) level of the procedure in the manner prescribed in
clause 24.24, no later than the twenty-fifth (25th) day after the earlier of
the day on which the aggrieved lawyers received notification and the day on
which they had knowledge of any act, omission or other matter giving rise to
the group grievance.
24.30 The Association may present a
grievance at each succeeding level in the grievance procedure beyond the first
(1st) level either:
- where
the decision or offer for settlement is not satisfactory to the Association,
within ten (10) days after that decision or offer for settlement has been
conveyed in writing to the Association by the Employer,
or
- where the Employer has not conveyed a
decision to the Association within the time prescribed in clause 24.31, within
thirty (30) days after the Association presented the grievance at the previous
level.
24.31 The Employer
shall reply to the Association's grievance at any level of the grievance
procedure, except the final level, within twenty (20) days after the grievance
is presented, and within thirty (30) days when the grievance is presented at
the final level.
24.32 Where it appears that the nature of
the grievance is such that a decision cannot be given below a particular level
of authority, any or all the levels except the final level may be eliminated by
agreement of the Employer and the Association.
24.33 The Association may by written notice
to the officer-in-charge withdraw a grievance.
24.34 Opting out of a Group Grievance
- A
lawyer in respect of whom a group grievance has been presented may, at any time
before a final decision is made in respect of the grievance, notify the
Association that the lawyer no longer wishes to be involved in the group
grievance.
- The
Association shall provide to the representatives of the Employer authorized to
deal with the grievance, a copy of the notice received pursuant to paragraph
(a) above.
- After receiving the notice, the
Association may not pursue the grievance in respect of the lawyer.
24.35
The Association failing to present a grievance to the next higher level within
the prescribed time limits shall be deemed to have abandoned the grievance
unless, due to circumstances beyond its control, it was unable to comply with
the prescribed time limits.
24.36 No person shall seek by intimidation,
by threat of dismissal or by any other kind of threat to cause the Association
to abandon the grievance or refrain from exercising the right to present a
grievance, as provided in this Collective Agreement.
24.37 Reference to Adjudication
- The
Association may within thirty (30) days refer to adjudication any group
grievance that has been presented up to and including the final level in the
grievance process and that has not been dealt with to its satisfaction.
- When
a group grievance has been referred to adjudication and a party to the
grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party
must, in accordance with the regulations, give notice of the issue to the
Canadian Human Rights Commission.
- The Canadian Human Rights Commission has
standing in adjudication proceedings for the purpose of making submissions
regarding an issue referred to in paragraph (b).
24.38 Policy Grievances
The Employer and the Association may present a grievance at
the prescribed level in the grievance procedure, and forward the grievance to
the representative of the Association or the Employer, as the case may be,
authorized to deal with the grievance. The party who receives the grievance
shall provide the other party with a receipt stating the date on which the
grievance was received by him.
24.39 Presentation of Policy Grievance
- The
Employer and the Association may present a policy grievance to the other in
respect of the interpretation or application of the collective agreement or
arbitral award as it relates to either of them or to the bargaining unit
generally.
- Neither
the Employer nor the Association may present a policy grievance in respect of
which an administrative procedure for redress is provided under any other Act
of Parliament, other than the Canadian
Human Rights Act.
- Despite
paragraph (b), neither the Employer nor the Association may present a policy
grievance in respect of the right to equal pay for work of equal value.
- The
Association may not present a policy grievance relating to any action taken
under any instruction, direction or regulation given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
- For the purposes of paragraph (d), an
order made by the Governor in Council is conclusive proof of the matters stated
in the order in relation to the giving or making of an instruction, a direction
or a regulation by or on behalf of the Government of Canada in the interest of
the safety or security of Canada or any state allied or associated with Canada.
24.40 There shall be no more than one (1)
level in the grievance procedure.
24.41 The Employer and the Association
shall designate a representative and shall notify each other of the title of
the person so designated together with the title and address of the officer-in
charge to whom a grievance is to be presented.
24.42 The Employer and the Association may
present a grievance in the manner prescribed in clause 24.38, no later than the
twenty-fifth (25th) day after the earlier of the day on which it received
notification and the day on which it had knowledge of any act, omission or
other matter giving rise to the policy grievance.
24.43 The Employer and the Association
shall reply to the grievance within fifteen (15) days when the grievance is
presented.
24.44 The Employer or the Association, as
the case may be, may by written notice to officer-in-charge withdraw a
grievance.
24.45 No person shall seek by intimidation,
by threat of dismissal or by any other kind of threat to cause the Employer or
the Association to abandon the grievance or refrain from exercising the right
to present a grievance, as provided in this Collective Agreement.
24.46 Reference to Adjudication
- A
party that presents a policy grievance may within thirty (30) days refer it to
adjudication.
- When
a policy grievance has been referred to adjudication and a party to the grievance
raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party
must, in accordance with the regulations, give notice of the issue to the
Canadian Human Rights Commission.
- The Canadian Human Rights Commission has
standing in adjudication proceedings for the purpose of making submissions
regarding an issue referred to in paragraph (b).
24.47 Expedited Adjudication
The parties agree that any adjudicable grievance may be
referred to the following expedited adjudication process:
- At
the request of either party, a grievance that has been referred to adjudication
may be dealt with through the Expedited Adjudication process with the consent
of both parties.
- When
the parties agree that a particular grievance will proceed through Expedited
Adjudication, the Association will submit to the PSLRB the consent form signed
by the grievor or the bargaining agent.
- 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.
- No
witnesses will testify.
- 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.
- 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.
- 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.
- 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.
25.01 The parties acknowledge the mutual
benefits to be derived from Joint Consultation and will consult on matters of
common interest.
25.02 The subjects that may be determined
as appropriate for Joint Consultation will be by mutual agreement of the
parties.
25.03 Wherever possible, the Employer shall
consult with representatives of the Association at the appropriate level about
contemplated changes in conditions of employment or working conditions not
governed by this Agreement.
25.04 Joint Consultation Committee Meetings
The Consultation Committees shall be composed of mutually
agreeable numbers of lawyers and Employer representatives who shall meet at
mutually satisfactory times. Committee meetings shall normally be held on the
Employer's premises during working hours.
25.05 Lawyers 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.
25.06 Joint Consultation Committees are
prohibited from agreeing to items which would alter any provision of this
collective agreement.
26.01 The Employer shall continue to make
all reasonable provisions for the occupational safety and health of lawyers.
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.
27.01 On application by a lawyer, the
Employer shall provide personal references to the prospective employer of such
lawyer, indicating length of service, principal duties and responsibilities and
performance of such duties.
28.01 The Employer shall
reimburse a lawyer for his payment of membership or other fees to a
professional organization or organizations when the payment of such fees is
necessary to maintain a professional qualification required by the Employer for
the performance of any duties and/or responsibilities assigned.
29.01 Where court
clothing is required on a regular basis in order for a lawyer to carry out his
or her duties, the lawyer will be entitled to be reimbursed for the cost of
obtaining one complete set of court clothing, in an amount not to exceed twelve
hundred dollars ($1200), provided the Employer has not paid the lawyer for
these items within the preceding five (5) years. Replacement items will be
reimbursed where existing items are no longer serviceable. Lawyers will be
responsible for the replacement of lost clothing. In addition, lawyers are
entitled to be reimbursed, up to one hundred dollars ($100), for the cost of
one new shirt each year. Where individual circumstances justify, and with the
approval of the Employer, a lawyer will also be entitled to be reimbursed for
the cost of additional court clothing which he or she reasonably requires,
including shirts. (Arbitral award
dated October 23, 2009, provision effective November 1, 2009)
30.01 This Agreement may be amended by
mutual consent. If either party wishes to amend or vary this Agreement, it
shall give to the other party notice of any amendment proposed and the parties
shall meet and discuss such proposal not later than one (1) calendar month
after receipt of such notice.
31.01 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 collective agreement, subject to
the Public Service Labour Relations Act
(PSLRA) and any legislation by Parliament that has been or may be, as the case
may be, established pursuant to any Act specified in section 113 of the PSLRA.
31.02 NJC items which may be included in a
collective agreement are those items which parties to the NJC agreements have
designated as such or upon which the Chairman of the Public Service Labour
Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of
Understanding which became effective on December 6, 1978.
31.03 The following directives, policies or
regulations, as amended from time to time by National Joint Council
recommendation and which have been approved by the Treasury Board of Canada,
form part of this collective agreement:
- Foreign
Service Directives
- Travel
Directive
- Isolated
Posts and Government Housing Directive
- Memorandum
of Understanding on Definition of Spouse
- NJC
Relocation Directive
- Commuting
Assistance Directive
- Bilingualism
Bonus Directive
- Public
Service Health Care Plan Directive
- Workforce
Adjustment Directive
- Motor
Vehicle Operations Directive
- Pesticides Directive
- Occupational Health and Safety Directive
During the term of this Collective Agreement, other
directives, policies or regulations may be added to the above noted list.
Grievances in regard to the above directives, policies or
regulations shall be filed in accordance with clause 24.01 of the Article on
grievance procedure in this Collective Agreement.
32.01 Definition
Part-time lawyer means a person whose normal scheduled hours
of work on average are less than thirty-seven decimal five (37.5) hours per
week, but not less than those prescribed in the Public Service Labour Relations Act.
32.02 General
Part-time lawyers shall be entitled to the benefits provided
under this Agreement in the same proportion as their normal scheduled weekly
hours of work compared with the normal weekly hours of work of full-time lawyers
unless otherwise specified in this Agreement.
32.03 Part-time lawyers shall be paid at
the hourly rate of pay for all work performed up to thirty-seven decimal five
(37.5) hours in a week.
32.04 Leave will only be provided:
- during
those periods in which lawyers are scheduled to perform their duties;
or
- where
it may displace other leave as prescribed by this Agreement.
32.05 Designated Holidays
A part-time lawyer shall not be paid for the designated
holidays but shall, instead be paid a premium of four per cent (4%) for all
straight-time hours worked during the period of part-time employment.
32.06
Subject to Article 13, Hours of Work, when a part-time lawyer is required to
work on a day which is prescribed as a designated paid holiday for a full-time
lawyer in clause 16.01 of this Agreement, the lawyer shall be paid the straight
time hourly rate of pay for all hours worked on the holiday.
32.07 Overtime
Notwithstanding clause 32.02, part-time lawyers at the LA-1
and LA-2A levels are entitled to overtime compensation in accordance with the
provisions of clause 13.01, Hours of Work.
Part-time lawyers at the LA-2B and LA-3 levels are not
entitled to overtime compensation in accordance with Article 13, Hours of Work.
32.08 Vacation Leave
A part-time lawyer shall earn vacation leave credits for
each month in which the lawyer receives pay for at least twice (2) the number
of hours in the lawyer's normal work week, at the rate for years of employment
established in clause 17.01, prorated and calculated as follows:
- when
the entitlement is nine decimal three seven five (9.375) hours a month, .250
multiplied by the number of hours in the lawyer's work week per month;
- when
the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by
the number of the hours in the lawyer's work week per month;
- when
the entitlement is thirteen decimal seven five (13.75) hours a month, .367
multiplied by the number of hours in the lawyer's work week per month;
- when
the entitlement is fourteen decimal three seven five (14.375) hours a month,
.383 multiplied by the number of hours in the lawyer's work week per month;
- when
the entitlement is fifteen decimal six two five (15.625) hours a month, .417
multiplied by the number of hours in lawyer's work week per month;
- when
the entitlement is sixteen decimal eight seven five (16.875) hours a month,
.450 multiplied by the number of hours in the lawyer's workweek per month;
- when the
entitlement is eighteen decimal seven five (18.75) hours a month, .500
multiplied by the number of hours in the lawyer's workweek per month.
32.09 Sick Leave
A part-time lawyer shall earn sick leave credits at the rate
of one-quarter (1/4) of the number of hours in a lawyer's normal work week for
each calendar month in which the lawyer has received pay for at least twice (2)
the number of hours in the lawyer's normal work week.
32.10 Vacation and Sick Leave Administration
- For
the purposes of administration of clauses 32.08 and 32.09, where a lawyer does
not work the same number of hours each week, the normal work week shall be the
weekly average calculated on a monthly basis.
- A lawyer 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 lawyer.
32.11 Severance Pay
Notwithstanding the provisions of Article 22, Severance Pay,
where the period of continuous employment in respect of which a 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 full-time. 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.
32.12 The weekly rate of pay referred to in
clause 32.11 shall be the weekly rate of pay to which the lawyer is entitled
for the classification prescribed in his certificate of appointment,
immediately prior to the termination of his employment.
33.01 Upon written request, a lawyer shall
be entitled to a complete and current statement of the duties and
responsibilities of his position including the position's classification level
and point rating allotted by factor where applicable, and an organization chart
depicting the position's place in the organization.
34.01 Subject to the willingness and
capacity of individual lawyers to accept relocation and retraining, the
Employer will make every reasonable effort to ensure that any reduction in the
work force will be accomplished through attrition.
35.01 Where written departmental standards
of discipline are developed, the Employer agrees to supply sufficient
information on the standards of discipline to each lawyer and the Association.
35.02 When a lawyer 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
lawyer is entitled to have, at his or her request, a representative of the
Association attend the meeting. Where practicable, the lawyer shall receive a
minimum of one (1) day's notice of such a meeting. (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
35.03 Any disciplinary notation placed on any file relating to a lawyer will
be removed and will no longer be relied upon for any purpose after two (2)
years have elapsed since the disciplinary action was taken, provided that no
other related disciplinary action has been taken during this period. Furthermore,
the employer agrees not to rely upon any adverse document or notation
concerning the conduct or performance of a lawyer which was not communicated in
writing to the lawyer at the time. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
36.01 There shall be no discrimination,
interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practiced with respect to a lawyer 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 Association, marital status or a conviction for
which a pardon has been granted.
36.02 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.
37.01 Lawyers shall be provided with
the following insurance coverage and benefits:
- Supplementary Health Insurance
- All
lawyers shall be covered under the Public Service Health Care Plan as set out
in the NJC Public Service Health Care Plan Directive.
- Lawyers
at the LA-2B and LA-3 levels are entitled to full Employer-paid coverage under
the family Hospital Provision Level III of the Public Service Health Care Plan.
- Dental
Insurance
- All
lawyers shall be covered under the Public Service Dental Care Plan for
Employees of the Public Service Departments and Eligible Agencies (the NJC
Plan).
- Life
Insurance
- For Lawyers at the LA-1 and LA-2A levels:
- Basic life insurance (annual salary rounded
to nearest one thousand dollars ($1000)) and Supplementary life insurance
(additional one (1) year's salary rounded to nearest one thousand dollars
($1000)) on the same terms as the Public Service Management Insurance Plan
(PSMIP) – Main Plan. Premiums will be payable by the lawyer at the
same rate as the PSMIP – Main Plan.
- For
Lawyers at the LA-2B and LA-3 levels:
- Basic life insurance (two (2) times annual
salary rounded to the nearest one thousand dollars ($1000)) on same terms as
PSMIP – Executive Plan. Premiums to be paid by the Employer.
- Supplementary life insurance (additional
one (1) year's salary rounded to nearest one thousand dollars ($1000)) on same
terms as PSMIP – Executive Plan. Premiums will be paid by the lawyer
as the same rate as the PSMIP Executive Plan.
- Post-retirement life insurance of one
year's salary (adjusted to next highest multiple of two hundred and fifty
dollars ($250)) at date of retirement on same terms as PSMIP – Executive
Plan. Premiums will be paid by the Employer.
- Accidental Death & Dismemberment
Insurance (AD&D)
- For
lawyers at the LA-1 and LA-2A levels:
- Up
to two hundred and fifty thousand dollars ($250,000) coverage in units of
twenty five thousand dollars ($25,000) on same terms as PSMIP Main Plan.
- Premiums
to be paid by the lawyer at the same rate as PSMIP-Main Plan
- For
lawyers at the LA-2B and LA-3 levels:
- Two
hundred and fifty thousand ($250,000) on same terms as PSMIP Executive Plan.
- Premiums
to be paid by the Employer.
- Dependents' Insurance
- For
lawyers at the LA-1 and LA-2A levels:
- Life
insurance and AD & D insurance for dependents as set out in PSMIP –
Main Plan.
- Premiums
to be paid by the lawyer at the same rate as the PSMIP – Executive – Main Plan
- For
lawyers at the LA-2B and LA3 levels:
- Life
insurance and AD & D insurance for dependents as set out in PSMIP –
Executive Plan.
- Premiums
to be paid by the Employer.
- Long-Term Disability Insurance
- All
lawyers shall be covered under the Disability Insurance Plan.
- Lawyers
at the LA-1 and LA-2A levels shall pay fifteen per cent (15%), and the Employer
shall pay eighty-five per cent (85%), of the required premiums.
- For
lawyers at the LA-2B and LA-3 levels, the required premiums shall be paid by
the Employer.
- Parking
- For
lawyers at the LA-2B and LA-3 levels, the employer shall pay fifty percent
(50%) of either:
- the monthly parking rate charged for Crown
parking facilities;
or
- the monthly rate charged for commercial
facilities, limited to a maximum of the amount payable in (i)
At
locations where, as of April 28, 2006, this benefit was provided to lawyers at
the LA-1 or LA-2A level, it shall continue to be provided to such lawyers on a "present
incumbents only" basis. (Arbitral
award dated October 23, 2009, provisions of paragraphs 37.01(a) to 37.01(g)
effective November 1, 2009)
38.01 The duration of this Collective
Agreement shall be from the date it is signed to May 9, 2011.
Unless otherwise expressly stipulated the provisions of this
Agreement shall become effective on the date that it is signed.
Signed at Ottawa, this 27th day of the month
of July, 2010.
The Treasury Board of Canada
Hélène Laurendeau
Marc Thibodeau
James Butler
John Park
Marc Lacroix
Lyne Côté
Colleen Laframboise
Eric C. Marinacci
Terrance McAuley
Pamela McCurry
Robert A. Prior
Kathleen Roussel
Colin Wetter
The Association of Justice Counsel
Marco Mendicino
Sid Restall
Margaret McCabe
Natasha LeClerc
Chris Nelligan
Darlene M. Lamey
Ralph Keesickquayash