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Article 31
National Joint Council Agreements

31.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items that 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(b) of the PSLRA.

31.02 NJC items that may be included in a collective agreement are those items that the Parties to the NJC agreements have designated as such or upon that the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of Understanding that became effective December 6, 1978.

31.03 The directives, policies or regulations, as amended from time to time by National Joint Council recommendation and that have been approved by the Treasury Board of Canada, form part of this Collective Agreement and can be found at the following website address: http://www.njc-cnm.gc.ca/.

31.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 25.01 of the Article on grievance procedure in this Collective Agreement.

Article 32
Discipline

32.01 When an employee is suspended from duty or terminated in accordance with the Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.

32.02 When an employee is required to attend a meeting, which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Union attend the meeting. Where possible, the employee shall receive a minimum of one (1) day's notice of such a meeting.

32.03 The Employer shall notify the local representative of the Union as soon as possible that such suspension or termination has occurred.

32.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from employee's file the content of which the employee was not aware at the time of filing or within a reasonable period thereafter.

32.05 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee, will be destroyed two (2) years after the disciplinary action was taken, provided no further disciplinary action has been recorded during this period.

Article 33
Technological Change

33.01 The Parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the National Joint Council Workforce Adjustment agreement concluded by the Parties will apply. In all other cases the following clauses will apply.

33.02 In this Article "Technological Change" means:

1. the introduction by the Employer of equipment or material of a different nature than previously utilized;
   and
2. a change in the Employer's operation directly related to the introduction of that equipment or material.

33.03 Both Parties recognize the overall advantages of technological change and will, therefore, encourage and promote it in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees that might result from such changes.

33.04 The Employer agrees to provide as much advance notice as is possible but, except in cases of emergency, not less than one hundred and eighty (180) calendar days written notice to the Union of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.

33.05 The written notice provided for in clause 33.04 will provide the following information:

1. the nature and degree of the technological change;
2. the date or dates on which the Employer proposes to effect the technological change;
3. the location or locations involved;
4. the approximate number and type of employees likely to be affected by the technological change;
   and
5. the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.

33.06 As soon as reasonably possible after notice is given under clause 33.04, the Employer shall consult meaningfully with the Union concerning the rationale for the change and the topics referred to in clause 33.05 on each group of employees, including training.

33.07 When, because of technological change, the Employer determines that an employee needs new skills or knowledge in order to perform the duties of the employee's substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours without loss of pay and at no cost to the employee.

Article 34
Employee Performance Review
and Employee Files

34.01

1. When a formal assessment of an employee's performance is made, the employee 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 copy of the assessment form will be provided to the employee at that time. An employee's signature on his or her assessment form will be considered to be an indication only that its contents have been read and shall not indicate the employee's concurrence with the statements contained on the form.
2. The Employer's representative(s) that assess an employee's performance must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.
3. An employee has the right to make written comments to be attached to the performance review form.

34.02

1. Before an employee performance review the employee shall be given:
   1. the evaluation form that will be used for the review;
   2. any written document that provides instructions to the person conducting the review;
   and
2. if during the employee performance review, the form or instructions are changed they shall be given to the employee.

34.03 Upon written request of an employee, the personnel file of that employee shall be made available once (1) per year for his or her examination in the presence of an authorized representative of the Employer.

Article 35
No Discrimination

35.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Union, marital status, or a conviction for which a pardon has been granted.

Article 36
Duration of Agreement

**

36.01 The duration of this Collective Agreement shall be from the date it is signed to September 30, 2011.

36.02 Unless as otherwise expressly stipulated, this Agreement shall become effective on the date it is signed.

**

36.03 The provisions of this Collective Agreement shall be implemented by the Parties within a period of one hundred and fifty (150) days from the date of signing.

Article 37
Agreement Reopener

37.01 This Agreement may be amended by mutual consent.

Signed at Ottawa, this 26^th day of the month of March 2009.

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**Pay Notes for
Appendices "A", "B", "C", "D" and "E"

Pay Increments

1. The pay increment period for a full-time and a part-time employee is twelve (12) months.
2. The pay increment date for an employee appointed after September 1, 1988 to a position in the bargaining unit upon promotion, demotion or from outside the public service shall be the anniversary of such appointment, that is twelve (12) months from the date of appointment.

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