ARCHIVED - Non-Supervisory Printing Services

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Article 24
New Rates

24.01 The Employer agrees to give the Union forty-five (45) days' notice in writing of its intent to place in operation new printing equipment of a type not used by the Employer at the date of signing of this Agreement, and to establish new classifications, if required for the positions required to operate or maintain the equipment in question, provided such maintenance work falls within the Union's jurisdiction. During such a forty-five (45) day period, the Employer will meet with the Union to negotiate wage rates for the new classification.

24.02 If agreement cannot be reached within sixty (60) days from the date on which notice is given, as specified in clause 24.01, the matter shall be submitted to an arbitrator agreed by the Parties, who will render a final decision, binding on both Parties.

24.03 The arbitrator's fees and travelling expenses shall be shared equally by the Union and the Employer.

24.04 The wage rates, whenever finally determined, shall be retroactive to the date of the beginning of operation of the new machine.

**Article 25
Grievance Procedure

25.01 In cases of alleged misinterpretation or misapplication arising out of Agreements concluded by the National Joint Council 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 of the NJC by-laws.

Individual Grievances

25.02 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:

1. by the interpretation or application, for the employee, of:
   1. 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
   2. a provision of the collective agreement or an arbitral award;
   or
2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Group Grievances

25.03 Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Union may present a group grievance to the Employer on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common for those employees, of a provision of the collective agreement or an arbitral award.

1. In order to present a group grievance, the Union must first obtain the written consent of each of the employees concerned.
2. A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.
3. A group grievance must relate to employees in a single portion of the Federal Public Administration.

Policy Grievances

25.04 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Union or the Employer may present a policy grievance for the interpretation or application of the collective agreement or of an arbitral award.

1. A policy grievance may be presented by the Union only at the final level of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Union of the name, title and address of this representative.
2. The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Union. The Union shall inform the Employer of the name, title and address of this representative.

Grievance Procedure

25.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Union.

25.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.

25.07 The Parties recognize the value of informal discussion between employees and their supervisors and between the Union and the Employer to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee or the Union, within the time limits prescribed in clause 25.15, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

25.08 A grievor wishing to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:

1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
   and
2. provide the grievor with a receipt stating the date on which the grievance was received.

25.09 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.

25.10 Subject to and as provided for in the Public Service Labour Relations Act, a grievor who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 25.08, except that:

1. where there is another administrative procedure provided by or under any Act of Parliament to deal with the grievor's specific complaint such procedure must be followed,
   and
2. where the grievance relates to the interpretation or application of this Collective Agreement or an Arbitral Award, an employee is not entitled to present the grievance unless he has the approval of and is represented by the Union.

25.11 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

1. Level 1 - first level of management;
2. Levels 2 and 3 in departments or agencies where such a levels are established - intermediate level(s);
3. Final Level - Chief Executive or Deputy Head or an authorized representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.

No employer representative may hear the same grievance at more than one level in the grievance procedure.

25.12 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.

25.13 This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Union.

25.14 An employee may be assisted and/or represented by the Union when presenting a grievance at any level. The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

25.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 25.08, not later than the twenty-fifth (25^th) day after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. The Employer may present a policy grievance in the manner prescribed in clause 25.04 not later than the twenty-fifth (25^th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.

25.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:

1. where the decision or settlement is not satisfactory to the grievor, within ten (10) days after that decision or settlement has been conveyed in writing to the grievor by the Employer,
   or
2. where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 25.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

25.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within thirty (30) days. The Union shall normally reply to a policy grievance presented by the Employer within thirty (30) days.

25.18 Where an employee has been represented by the Union in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Union with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

25.19 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

25.20 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.

25.21 Where the provisions of clause 25.08 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 the 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.

25.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Union representative.

25.23 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 grievor, and, where applicable, the Union.

25.24 Where the Employer demotes or terminates an employee for cause 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 the grievance shall be presented at the final level only.

25.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.

25.26 Any grievor 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 the grievor's control, the grievor was unable to comply with the prescribed time limits.

25.27 Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:

1. the interpretation or application of a provision of this Collective Agreement or related Arbitral Award,
   or
2. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,
   or
3. disciplinary action resulting in suspension or financial penalty,

and the grievance has not been dealt with to the grievor's satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

25.28 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application for the employee of a provision of this Agreement or an Arbitral Award, the employee is not entitled to refer the grievance to adjudication unless the Union signifies:

1. its approval of the reference of the grievance to adjudication,
   and
2. its willingness to represent the employee in the adjudication proceedings.

Expedited Adjudication

25.29 The Parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

1. At the request of either party, a grievance that has been referred to adjudication may be dealt with through Expedited Adjudication with the consent of both Parties.
2. When the Parties agree that a particular grievance will proceed through Expedited Adjudication, the Union will submit to the Public Service Labour Relations Board (PSLRB) the consent form signed by the grievor or the bargaining agent.
3. 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.
4. No witnesses will testify.
5. 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.
6. 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.
7.  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.
8.  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.

Article 26
Joint Committee

26.01 A Joint Committee composed of representatives of the Employer and the Union shall be established for providing joint consultation on matters of common interest.

26.02 Without prejudice to the position the Employer or the Union may wish to take in the future about the desirability of having the subjects dealt with by the provisions of collective agreements, the following subjects, as they affect employees covered by this Agreement, shall be regarded as appropriate subjects for consultation in the Joint Committee:

1. Measures to deal with the effect on employees of technological change,
2. Manning of equipment,
   and
3. Apprenticeship.

26.03 Consultation may take place to provide information, discuss policy application, or examine problems with a view to identifying possible solutions. During consultation, commitments may be made by Employer or Union representatives, as the case may be, on any matter referred to consultation on which they have authority to act. No such commitment can be made regarding any matter in the absence of such authority, and no commitment can be made that would have the effect of altering, amending, adding to, or modifying the terms of this Agreement.

26.04 The Joint Committee may, by mutual agreement, appoint sub-committees for one or more purposes.

Article 27
General

27.01 Safety

The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Union 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.

27.02 Contracting Out

The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of employees who would otherwise become redundant because work is contracted out.

27.03 Collective Agreement

The Employer agrees to supply each employee with a copy of the Collective Agreement and will endeavour to do so within one (1) month after receipt from the printers.

27.04 Nothing in this Agreement shall be construed as guaranteeing an employee minimum or maximum hours of work.

27.05 Information

The Employer agrees to supply the Union on a quarterly basis with a list of all employees in the bargaining unit. The list referred to in this document shall include the name, employing department, geographical location, classification of the employee and shall be provided within one (1) month following the termination of each quarter. As soon as possible, the Employer agrees to add to the above list the date of appointment for new employees.

Article 28
Notice to Amend or Renew
Collective Agreement

28.01 Should either party, at the expiration of this agreement, desire amendments or alterations therein for its renewal, a written notice to that effect shall be served upon the other party within the four (4) months before it ceases to be in force, in accordance with the provisions of section 105(2)(b) of the Public Service Labour Relations Act.

Article 29
Part-Time Employees

Definition

29.01 Part-time employee means a person whose regular scheduled hours of work on an 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.

General

29.02 Part-time employees shall be entitled to the benefits provided under the Agreement in the same proportion as their normal weekly hours of work compared with the regular weekly hours of work of full-time employees unless otherwise specified in this Agreement.

29.03 Part-time employees shall be paid at the straight-time pay rate for all work performed up to seven decimal five (7.5) hours in a day, or thirty-seven decimal five (37.5) hours in a week.

29.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked five (5) days and thirty-seven decimal five (37.5) hours in a week at the straight-time rate.

29.05 Leave will only be provided:

1. during those periods in which employees are scheduled to perform their duties;
   or
2. where it may displace other leave as prescribed by the Agreement.

Designated Holidays

29.06 A part-time employee shall not be paid for the designated holidays but shall, instead be paid four decimal two five per cent (4.25%) for all straight-time hours worked.

29.07 When a part-time employee is required to work on a day that is prescribed as a designated paid holiday for a full-time employee in clause 10.01, the employee shall be paid at double (2) time for all hours worked.

29.08 Overtime

1. Overtime means authorized work performed in excess of seven decimal five (7.5) hours per day or thirty-seven decimal five (37.5) hours per week, but does not include time worked on a holiday.
2. Notwithstanding (a) for employees whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day overtime means authorized work performed in excess of those normal scheduled daily hours or an average of thirty-seven decimal five (37.5) hours per week.

29.09 Subject to 29.08, a part-time employee who is required to work overtime shall be paid overtime as specified by this Agreement.

Bereavement Leave

29.10 Notwithstanding clause 29.02, there shall be no prorating of a "day" for bereavement leave under clause 13.01.

Vacation Leave With Pay

29.11 A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal workweek, at the rate for years of service as specified in clause 29.01 established in the vacation leave entitlement clause specified by this Agreement, prorated and calculated as follows:

1. when the entitlement is nine decimal three seven five (9.375) hours a month, .250 multiplied by the number of hours in the employee's workweek per month;
2. when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of hours in the employee's workweek per month;
3. when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of hours in the employee's workweek per month;
4. when the entitlement is fourteen decimal four (14.4) hours a month, .383 multiplied by the number of hours in the employee's workweek per month;
5. when the entitlement is fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of hours in the employee's workweek per month;
6. when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number of hours in the employee's workweek per month;
   and
7. when the entitlement is eighteen decimal seven five (18.75) hours a month, .500 multiplied by the number of hours in the employee's workweek per month.

Sick Leave

29.12 A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an employee's normal workweek for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee's normal workweek.

29.13 Vacation and Sick Leave Administration

1. For the purposes of administration of clauses 29.11 and 29.12, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate calculated on a monthly basis.
2. An employee 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 employee.

Severance Pay

29.14 Notwithstanding the severance pay provisions of Article 15, where the period of continuous employment for which severance benefit is to be paid consists of full-time and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows:

1. the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time;
2. 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.

Article 30
Shift Principle

30.01 It is recognized that certain full-time indeterminate employees whose hours of work are regularly scheduled on a night shift basis in accordance with Article 21 (hereinafter referred to as a night-shift worker) are required to attend certain proceedings, under this Collective Agreement as identified in paragraph 30.01(a) and certain other proceedings identified in paragraph 30.01(b) that normally take place between the hours of 9:00 a.m. to 5:00 p.m. from Mondays to Fridays inclusive.

When a night-shift worker that is scheduled to work on the day of that proceeding and when the proceeding is not scheduled during the employee's scheduled shift for that day and when the majority of the hours of his or her scheduled shift on that day do not fall between the hours of 9:00 a.m. to 5:00 p.m., upon written application by the employee, the Employer shall endeavour, where possible, to change the shift work employee's shift on the day of the proceeding so that the majority of the hours fall between 9:00 a.m. to 5:00 p.m. provided that operational requirements are met, there is no increase in cost to the Employer and sufficient advance notice is given by the employee.

1. Certain Proceedings Under This Agreement
   1. Personnel Selection Process Clause 13.13(a).
2. Certain Other Proceedings
   1. Training courses which the employee is required to attend by the Employer.
   2. To write provincial certification examinations which are a requirement for the continuation of the performance of the duties of the employee's position.

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