ARCHIVED - Interim Agreement - Law Group (LA)

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November 7, 2006

Our File: 8946-018-01

DIRECTORS OF HUMAN RESOURCES
DIRECTORS/CHIEFS OF STAFF RELATIONS
(User Departments)

INTERIM AGREEMENT
Law Group (LA)

I am pleased to announce that on November 2, 2006, the Treasury Board and The Association of Justice Counsel (AJC) reached an interim agreement that provides for the immediate implementation of terms and conditions of employment dealing with the Use of employer facilities, Leave for Association business and Check-off.

These interim provisions are effective November 2, 2006, and are applicable to all members in the LA bargaining unit. The provisions of articles 10 to 12 of the collective agreement (expired February 28, 2006) applicable to certain members of the LA bargaining unit are replaced by the interim terms and conditions of employment.

The interim provisions are attached for your information and implementation. Please note that further information will be provided regarding the implementation of the check-off provision.

In the meantime, this information may be shared with your departmental management colleagues.

For more information, please contact Marc Thibodeau at (613) 952-3295, or by e-mail at the following address: thibodeau.marc@tbs-sct.gc.ca

Original signed by

Carl Trottier
A/Senior Director
Collective Bargaining
Labour Relations and Compensation Operations

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Law (LA) Group
Without Prejudice
October 2006

Appendix A

ARTICLE A
USE OF EMPLOYER FACILITIES

A.01 Access by an Association Representative

An accredited representative of 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.

A.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.

A.03 Association Literature

The Employer shall continue to make available to the Association, specific locations on its premises for the placement of reasonable quantities of Association literature.

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Law (LA) Group
Without Prejudice
October 2006

Appendix B

ARTICLE B
LEAVE WITH OR WITHOUT PAY FOR ASSOCIATION BUSINESS OR FOR OTHER ACTIVITIES UNDER THE PUBLIC SERVICE STAFF RELATIONS ACT

B.01 Public Service Labour Relations Board Hearings

1. 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:
     1. to an employee who makes a complaint on his own behalf before the Public Service Labour Relations Board,
        and
     2. to the employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association making a complaint.
2. Applications for Certification, Representations and Interventions with Respect to Applications for Certification
   • Where operational requirements permit, the Employer will grant leave without pay:
     1. to an employee who represents the Association in an application for certification or in an intervention,
        and
     2. to an employee who makes personal representations with respect to a certification.
3. Employee Called as a Witness
   • The Employer will grant leave with pay:
     1. to an employee called as a witness by the Public Service Labour Relations Board,
        and
     2. where operational requirements permit, to an employee called as a witness by an employee or the Association.

B.02 Arbitration Board, Public Interest Commission and Alternate Dispute Resolution Hearings

1. Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Association before an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process.
2. Employee Called as a Witness
   • The Employer will grant leave with pay to an employee 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 an employee called as a witness by the Association.

B.03 Adjudication

1. Employee Who is a Party
   • Where operational requirements permit, the Employer will grant leave with pay to an employee who is a party.
2. Employee Who Acts as Representative
   • Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee who is a party.
3. Employee Called as a Witness
   • Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who is a party.

B.04 Meetings During the Grievance Process

1. Employee Presenting Grievance
   • Where operational requirements permit, the Employer will grant to an employee,
     1. where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and "on duty" status when the meeting is held outside the headquarters area of such employee;
        and
     2. where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.
2. Employee Who Acts as Representative
   • Where an employee wishes to represent at a meeting with the Employer, an employee 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 employee and leave without pay when the meeting is held outside the headquarters area of such employee.
3. Grievance Investigations
   • Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a grievance and an employee acting on behalf of the Association wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.

B.05 Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Association.

B.06 Preparatory Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

B.07 Meetings Between the Association and Management

Where operational requirements permit, the Employer will grant leave with pay to an employee who is meeting with management on behalf of the Association.

B.08 Association Executive Council Meetings and Conventions

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend Executive Council Meetings and Conventions of the Association.

B.09 Representatives' Training Courses

1. Where operational requirements permit, the Employer will grant leave without pay to employees appointed as Representatives by the Association, to undertake training sponsored by the Association related to the duties of a Representative.
2. Where operational requirements permit, the Employer will grant leave with pay to employees appointed as Representatives by the Association, to attend training sessions concerning Employer-employee relations sponsored by the Employer.

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Law (LA) Group
Without Prejudice
October 2006

Appendix C

ARTICLE C
CHECK-OFF

C.01 The Employer will, as a condition of employment, deduct an amount equal to the amount of the membership dues from the pay of all employees in the bargaining unit.

C.02 The Association shall inform the Employer in writing of the authorized deduction to be checked off for each employee in the bargaining unit.

C.03 For the purpose of applying clause C.01, deductions from pay for each employee will start the first (1^st) day of the month following the employment to the extent that earnings are available.

C.04 An employee 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 employee is countersigned by an official representative of the religious organization involved. The Association will inform the Employer accordingly.

C.05 No employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

C.06 The amounts deducted in accordance with clause C.01 shall be remitted to the Association by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on his behalf.

C.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.

C.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.

C.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.