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Agreement Between the Treasury Board and The Professional Institute of the Public
Service of Canada
Group: Research
(all employees)
Expiry Date: 30 September 2010
This Agreement covers the following classifications:
Code |
Classification |
212 |
Historical Research (HR) |
216 |
Mathematics (MA) |
225 |
Scientific Research (SE) |
229 |
Defence Scientific Service
(DS) |
**Asterisks denote changes from the previous collective agreement.
Table of Contents
1.01 The purpose of this Agreement is to maintain harmonious
and mutually beneficial relationships between the Employer, the employees and the
Institute, to set forth certain terms and conditions of employment relating to remuneration,
hours of work, employee benefits and general working conditions affecting employees
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 employees 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
unit are employed.
2.01 For the purpose of this Agreement:
- "bargaining unit"
- means the employees of the Employer in
the group described in Article 27, Recognition;
- "continuous employment"
- has the same meaning as specified
in the Public Service Terms and Conditions of Employment Regulations on the date
of signing of this Agreement;
- "daily rate of pay"
- means an employee's weekly rate of pay
divided by five (5);
- "day of rest"
- in relation to an employee means a day, other
than a designated paid holiday, on which that employee is not ordinarily required
to perform the duties of the employee's position other than by reason of the employee
being on leave;
- "employee"
- means a person so defined by the Public Service
Labour Relations Act and who is a member of the bargaining unit;
- "Employer"
- 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"
- has the same meaning as given to the
expression in the Travel Directive;
- "designated paid holiday"
- means the twenty-four (24) hour
period commencing at 00:01 hour of a day designated as a holiday in this Agreement;
- "hourly rate of pay"
- means a full-time employee's weekly
rate of pay divided by thirty-seven and one-half (37 1/2);
- "Institute"
- means the Professional Institute of the Public
Service of Canada;
- "lay-off"
- means the termination of an employee's employment
because of lack of work or because of the discontinuance of a function;
- "leave"
- means authorized absence from duty;
- "membership dues"
- means the dues established pursuant to
the by-laws and regulations of the Institute as the dues payable by its members
as a consequence of their membership in the Institute, and shall not include any
initiation fee, insurance premium, or special levy;
- "weekly rate of pay"
- means an employee's annual rate of
pay divided by 52.176;
- "common-law partner"
- refers to a person living in a conjugal
relationship with an employee for a continuous period of at least one year;
- "double time"
- means two (2) times the employee's hourly
rate of pay;
- "time and one-half"
- means one and one-half (1 1/2) times
the employee's hourly rate of pay;
- "overtime"
- means work required by the Employer, to be performed
by the employee in excess of the employee's daily hours of work;
- "spouse
- " will, when required, be interpreted to include
"common-law partner" except, for the purposes of the Foreign Service Directives,
the definition of "spouse" will remain as specified in Directive 2 of the Foreign
Service Directives.
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.
3.01 The English and French texts of this Agreement shall be
official.
4.01 The provisions of this Agreement apply to the Institute,
employees and the Employer.
4.02 In this Agreement, words importing the masculine gender
shall include the feminine gender.
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 Institute as being retained by the Employer.
6.01 Nothing in this Agreement shall be construed as an abridgement
or restriction of an employee's constitutional rights or of any right expressly
conferred in an Act of the Parliament of Canada.
Preamble
For the purpose of this article: "Publication" shall include, for example, scientific
and professional papers, articles, manuscripts, monographs, audio and visual products,
and computer software.
7.01 The Employer agrees to continue the present practice of
ensuring that employees have ready access to all publications considered necessary
to their work by the Employer.
7.02 The Employer agrees that publications prepared by an employee,
within the scope of his employment, will be retained on appropriate departmental
files for the normal life of such files. The Employer will not unreasonably withhold
permission for publication. At the Employer's discretion, recognition of authorship
will be given where practicable in departmental publications.
7.03 When an employee acts as a sole or joint author or editor
of a publication, the authorship or editorship shall normally be acknowledged on
such publication.
7.04
- The Employer may suggest revisions to a publication and may withhold approval
to publish.
- When approval for publication is withheld, the author(s) shall be so informed
in writing of the reasons, if requested by the author(s).
- Where the Employer wishes to make changes in a publication with which the
author does not agree, the employee shall not be credited publicly if the employee
so requests.
7.05 The parties recognize that in order to promote creativity
and innovation, the Employer will endeavor to apply the Award Plan for Inventors
and Innovators Policy.
Clauses 8.03, 8.05, 8.06, 8.07 and 8.08 do not apply to an employee classified
as SE who works a flexible work year.
General
8.01 For the purpose of this article:
- a week shall consist of seven (7) consecutive days beginning at 00:01 hours
Monday and ending at 24:00 hours Sunday;
- the day is a twenty-four (24) hour period commencing at 00:01 hours.
8.02 Employees may be required to submit monthly attendance
registers; only those hours of overtime and absences need be specified.
8.03 Day Work
Except as provided for in clauses 8.04, 8.05 and 8.06:
- the normal work week shall be Monday to Friday inclusive;
- an employee shall be granted two (2) consecutive days of rest during each
seven (7) day period unless operational requirements do not so permit;
- the scheduled work week shall be thirty-seven and one-half (37 1/2) hours;
- the scheduled work day shall be seven and one-half (7 1/2) consecutive hours,
exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m.;
and
- upon the request of an employee and the concurrence of the Employer, an employee
may work flexible hours on a daily basis so long as the daily hours amount to seven
and one-half (7 1/2).
8.04 Flexible Work Year for Employees Classified as SE
This clause does not apply to an employee classified as SE covered by clauses
8.03, 8.05, 8.06, 8.07 and 8.08.
- The conduct of scientific research requires an adaptable research environment.
Accordingly, every reasonable effort will be made to maintain a research environment
where working hours can be arranged to meet the needs of research programs.
- The normal work year, subject to the leave provisions of this Agreement,
shall be nineteen hundred and fifty (1950) hours, from April 1st to March 31st of
the following calendar year, inclusive.
- Each employee is expected to organize his hours of work, work days and days
of rest in order to suit his individual research project(s), subject to the approval
of the Employer.
Variable Hours of Work for Day Workers
8.05 Compressed Work Week
- Notwithstanding the provisions of this article, upon request of an employee
and the concurrence of the Employer, an employee may complete his weekly hours of
employment in a period of other than five (5) full days provided that over a period
of twenty-eight (28) calendar days the employee works an average of thirty-seven
and one-half (37 1/2) hours per week. As part of the provisions of this clause,
attendance reporting shall be mutually agreed between the employee and the Employer.
In every twenty-eight (28) day period such an employee shall be granted days of
rest on such days as are not scheduled as a normal work day for the employee.
- Notwithstanding anything to the contrary contained in this Agreement, the
implementation of any variation in hours shall not result in any additional overtime
work or additional payment by reason only of such variation, nor shall it be deemed
to prohibit the right of the Employer to schedule any hours of work permitted by
the terms of this Agreement.
8.06 Winter and Summer Hours
The weekly and daily hours of work may be varied by the mutual agreement of the
Employer and the employee to allow for summer and winter hours provided the annual
total is not changed.
Terms and Conditions Governing the Administration of Variable Hours of Work
for Day Workers
8.07 The Employer and the Institute agree that for those employees
to whom the provisions of clauses 8.05 and 8.06 apply, the provisions of this Agreement
which specifies days shall be converted to hours. Where this Agreement refers to
a "day", it shall be converted to seven and one-half (7 1/2) hours, except in clause
18.02, Bereavement Leave with pay, where a day means a calendar day. Whenever an
employee changes his variable hours or no longer works variable hours, all appropriate
adjustments will be made.
8.08 For greater clarity, the following provisions of this Agreement
shall be administered as provided herein:
- Interpretation and Definitions (clause 2.01)
- "Daily rate of pay" - shall not apply.
- Overtime (paragraph 9.03(a))
- Overtime shall be compensated for all work performed in excess of an employee's
scheduled hours of work on normal working days.
- Designated Paid Holidays (paragraph 9.03(e))
- A designated paid holiday shall account for seven and one-half (7 1/2) hours.
- Travel (clause 14.01)
- Overtime compensation referred to in clause 14.01 shall only be applicable on
a work day for hours in excess of the employee's daily scheduled hours of work.
- Leave
- When leave is granted, it will be granted on an hourly basis and the hours debited
for each day of leave shall be the same as the hours the employee would normally
have been scheduled to work on that day.
- The converted amounts are as follows:
- one and two-thirds (1 2/3) days - twelve decimal five zero (12.50) hours;
- two and one-twelfth (2 1/12) days - fifteen decimal six two five (15.625)
hours;
- five-twelfths (5/12) day - three decimal one two five (3.125) hours;
- two and one-half (2 1/2) days - eighteen decimal seven five (18.75)
hours.
This article does not apply to employees classified as SE who work a flexible
work year.
Clauses 9.02, 9.03 and 9.08 do not apply to the following:
- employees performing Field or Sea Research Work;
- employees classified as DS and performing Field Work.
General
9.01 All calculations for overtime shall be based on each completed
period of fifteen (15) minutes.
9.02 Except in cases of emergency, call-back, stand-by or mutual
agreement the Employer shall whenever possible give at least twelve (12) hours'
notice of any requirement for the performance of overtime.
9.03 Overtime Compensation
Subject to clauses 9.04 and 9.05, when an employee is required by the Employer
to work overtime, the employee shall be compensated as follows:
- on the employee's normal work day, at the rate of time and one-half (1 1/2)
for each hour of overtime worked;
- on the employee's first (1st) day of rest, at the rate of time and one-half
(1 1/2) for each hour of overtime worked;
- on the employee's second (2nd) or subsequent day of rest, at double (2) time
for each hour of overtime worked. Second (2nd) or subsequent day of rest means the
second (2nd) or subsequent day in an unbroken series of consecutive and contiguous
calendar days of rest;
- notwithstanding paragraph (c) above, if, in an unbroken series of consecutive
and contiguous calendar days of rest, the Employer permits the employee to work
the required overtime on a day of rest requested by the employee, then the compensation
shall be at time and one-half (1 1/2) for the first (1st) day worked;
- on a designated holiday
- compensation shall be granted on the basis of time and one-half (1 1/2)
for each hour worked, in addition, to the compensation that the employee would
have been granted had the employee not worked on the designated holiday;
or
- when an employee works on a holiday, contiguous to a second (2nd) day of rest
on which the employee also worked and received overtime in accordance with paragraph
9.03(c), the employee shall be paid in addition to the pay that the employee
would have been granted had the employee not worked on the holiday, two (2)
times the employee's hourly rate of pay for all time worked.
9.04 Employees on Field or Sea Research Work (except DS)
An employee on field or sea research work who is not classified as DS shall be
compensated for authorized overtime performed on an hour-for-hour basis for all
hours worked on a designated paid holiday or a day of rest. No remuneration shall
be paid for overtime performed during the normal work week.
9.05 Employees Classified as DS on Field Work
An employee on field work who is classified as DS and is required by the Employer
to work overtime shall be compensated as follows:
- on his normal work day, at the rate of time and one-half (1 1/2) for each
hour of overtime worked in excess of thirty-seven and one-half (37 1/2) hours in
any one work week up to a maximum of three (3) hours' pay at the time and one-half
(1 1/2) rate on any normal work day;
- on a day of rest, at the rate of time and one-half (1 1/2) for each hour
of overtime worked up to a maximum of nine (9) hours at the time and one-half (1
1/2) rate;
- on a designated paid holiday, at the rate of time and one-half (1 1/2) for
each hour of overtime worked up to a maximum of nine (9) hours at the time and one-half
(1 1/2) rate plus his regular pay for the day.
Compensation in Cash or Leave With Pay
9.06 Upon application by the employee and at the discretion
of the Employer, compensation earned under this article may be taken in the form
of compensatory leave, which will be calculated at the applicable rate laid down
in this article. Compensatory leave earned in a fiscal year and outstanding on September
30 of the next following fiscal year shall be paid at the employee's daily rate
of pay on September 30.
9.07 When a payment is being made as a result of the application
of this article, the Employer will endeavour to make such payment within six (6)
weeks following the end of the pay period during which the employee requested payment,
or, if payment is required to liquidate compensatory leave outstanding at the expiry
of the fiscal year, the Employer will endeavour to make such payment within six
(6) weeks of the commencement of the first (1st) pay period after September 30 of
the next following fiscal year.
9.08 Meals
- An employee who works three (3) or more hours of overtime immediately before
or immediately following his scheduled hours of work shall be reimbursed for one
meal in the amount of ten dollars and fifty cents ($10.50), except where free meals
are provided. Reasonable time with pay to be determined by the Employer shall be
allowed the employee in order to take a meal either at or adjacent to his place
of work.
- When an employee works overtime continuously extending four (4) hours or
more beyond the period provided in (a) above, he shall be reimbursed for one additional
meal in the amount of ten dollars and fifty cents ($10.50) except where free meals
are provided. Reasonable time with pay, to be determined by the Employer, shall
be allowed the employee in order that he may take a meal break either at or adjacent
to his place of work.
- Paragraphs 9.08(a) and (b) shall not apply to an employee who is in travel
status which entitles the employee to claim expenses for lodging and/or meals.
This article does not apply to the following:
- Employees classified as SE who work a flexible work year.
- Employees performing Field or Sea Research Work.
- Employees classified as DS and performing Field Work.
10.01 When an employee is called back to work or when an employee
who is on stand-by duty is called back to work by the Employer any time outside
his normal working hours he shall be entitled to the greater of:
- a minimum of three (3) hours' pay at the applicable overtime rate,
or
- compensation at the applicable overtime rate for each hour worked.
10.02 Upon application by the employee and at the discretion
of the Employer, compensation earned under this article may 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 30 of the next following fiscal year shall be paid at the employee's
daily rate of pay on September 30.
10.03 When a payment is being made as a result of the application
of this article, the Employer will endeavour to make such payment within six (6)
weeks following the end of the pay period during which the employee requested payment,
or, if payment is required to liquidate compensatory leave outstanding at the expiry
of the fiscal year, the Employer will endeavour to make such payment within six
(6) weeks of the commencement of the first (1st) pay period after September 30 of
the next following fiscal year.
This article does not apply to the following:
- Employees classified as SE who work a flexible work year.
- Employees performing Field or Sea Research Work.
- Employees classified as DS and performing Field Work.
11.01 When the Employer requires an employee to be available
on standby during off-duty hours an employee shall be compensated at the rate of
one-half (1/2) hour for each four (4) hour period or portion thereof for which he
has been designated as being on standby duty.
11.02 An employee on standby who is called in to work by the
Employer and who reports for work shall be compensated in accordance with Article
10, Call-Back.
11.03 An employee required to be on standby duty shall be available
during his period of standby at a known telecommunications link number and be able
to return for duty as quickly as possible if called.
11.04 No standby duty payment shall be granted if any employee
is unable to report for duty when required.
12.01 Subject to clause 12.02, the following days shall be designated
paid holidays for employees:
- 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 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 employee
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 additional day when proclaimed by an Act of Parliament as a National
Holiday.
12.02 An employee 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 an employee
who is granted leave without pay under the provisions of Article 32, Leave for Labour
Relations Matters.
12.03 Designated Paid Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 12.01 coincides with an
employee's day of rest, the holiday shall be moved to the employee's first (1st)
normal working day following his day of rest.
12.04 When a day designated as a paid holiday for an employee
is moved to another day under the provisions of clause 12.03:
- work performed by an employee on the day from which the holiday was moved
shall be considered as work performed on a day of rest,
and
- work performed by an employee on the day to which the holiday was moved,
shall be considered as work performed on a holiday.
12.05 Compensation for Work on a Paid Holiday
Compensation for work on a paid holiday will be in accordance with Article 9.
12.06 Designated Paid Holiday Coinciding with a Day of Paid Leave
Where a day that is a designated paid holiday for an employee coincides with
a day of leave with pay or is moved as a result of the application of clause 12.03,
the designated paid holiday shall not count as a day of leave.
13.01
- The Employer shall make every reasonable effort to accommodate an employee
who requests time off to fulfill his religious obligations.
- Employees may, in accordance with the provisions of this Agreement, request
annual leave, compensatory leave, leave without pay for other reasons in order to
fulfill their religious obligations.
- Notwithstanding paragraph 13.01(b), at the request of the employee and at
the discretion of the Employer, time off with pay may be granted to the employee
in order to fulfill his 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.
- An employee who intends to request leave or time off under this article must
give notice to the Employer as far in advance as possible but no later than four
(4) weeks before the requested period of absence.
14.01 When the Employer requires an employee to travel outside
his headquarters area for the purpose of performing duties, the employee shall be
compensated in the following manner:
- On a normal working day on which he travels but does not work, the employee
shall receive his regular pay for the day.
- On a normal working day on which he travels and works, the employee shall
be paid:
- his regular pay for the day for a combined period of travel and work
not exceeding seven and one-half (7 1/2) hours,
and
- at the applicable overtime rate for additional travel time in excess
of a seven and one-half (7 1/2) hour period of work and travel, with a maximum
payment 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, the employee shall be paid
at the applicable overtime rate for hours travelled to a maximum of twelve (12)
hours' pay at the straight-time rate.
14.02 For the purpose of clause 14.01, the travelling time for
which an employee 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 employee'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 employee, the Employer may authorize such alternate arrangements
in which case compensation for travelling time shall not exceed that which would
have been payable under the Employer's original determination.
14.03 All calculations for travelling time shall be based on
each completed period of fifteen (15) minutes.
14.04 Upon application by the employee and at the discretion
of the Employer, compensation earned under this article may 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 30 of the next following fiscal year shall be paid at the employee's
daily rate of pay on September 30.
14.05 When a payment is being made as a result of the application
of this article, the Employer will endeavour to make such payment within six (6)
weeks following the end of the pay period for which the employee requests payment,
or, if payment is required to liquidate compensatory leave outstanding at the expiry
of the fiscal year, the Employer will endeavour to make such payment within six
(6) weeks of the commencement of the first pay period after September 30 of the
next following fiscal year.
14.06 This article does not apply to an employee required to
perform work in any type of transport in which he is travelling. In such circumstances,
the employee shall receive pay for actual hours worked in accordance with the Articles,
Hours of Work, Overtime, Designated Paid Holidays.
14.07 Travelling time shall include time necessarily spent at
each stop-over en route up to a maximum of five (5) hours provided that such stop-over
does not include an overnight stay.
14.08 Compensation under this article shall not be paid for
travel time to courses, training sessions, conferences and seminars unless so provided
for in the Career Development Article.
14.09 Travel Leave Status
- An employee who is required to travel outside his or her headquarters
area on government business, as these expressions are defined by the Employer, and
is away from his or her permanent residence for forty (40) nights during a fiscal
year shall be granted one (1) day off with pay. The employee shall be credited with
one (1) additional day off for each additional twenty (20) nights that the employee
is away from his or her permanent residence to a maximum of eighty (80) additional
nights.
- The maximum number of days off earned under this clause shall not exceed
five (5) days in a fiscal year and shall accumulate as compensatory leave with pay.
- This leave with pay is deemed to be compensatory leave and is subject
to clauses 9.06 and 9.07.
- The provisions of this clause do not apply when the employee travels
to attend courses, training sessions, professional conferences and seminars unless
the employee is required to attend by the Employer.
15.01 An employee is entitled, once in each fiscal year, to
be informed, upon request, of the balance of his vacation, furlough or sick leave
with pay credits.
15.02 The amount of leave with pay credited to an employee by
the Employer at the time when this Agreement is signed, or at the time when he becomes
subject to this Agreement, shall be retained by the employee.
15.03 An employee who, on the day that this Agreement is signed,
is entitled to receive furlough leave, that is to say, five (5) weeks' leave with
pay upon completing twenty (20) years of continuous employment, retains his entitlement
to furlough leave subject to the conditions respecting the granting of such leave
that are in force on the day that this Agreement is signed.
15.04 An employee shall not be granted two (2) different types
of leave with pay in respect of the same period of time.
15.05 An employee is not entitled to leave with pay during periods
he is on leave without pay, on educational leave or under suspension.
15.06 When the employment of an employee who has been granted
more vacation, furlough or sick leave with pay than he has earned is terminated
by death or layoff, the employee is considered to have earned the amount of leave
with pay granted to him.
15.07
- When an employee becomes subject to this Agreement, his earned daily leave
credits shall be converted into hours. When an employee ceases to be subject to
this Agreement, his earned hourly leave credits shall be reconverted into days,
with one day being equal to seven and one-half (7 1/2) hours.
- When leave is granted, it will be granted on an hourly basis and the number
of hours debited for each day of leave will be equal to the number of hours of work
scheduled for the employee for the day in question.
- Notwithstanding the above, in clause 18.02, Bereavement Leave with Pay, a
"day" will mean a calendar day.
16.01 The vacation year shall be from April 1st to March 31st,
inclusive.
16.02 Accumulation of Vacation Leave Credits
**
An employee shall earn vacation leave credits for each calendar month during
which the employee receives pay for at least seventy-five (75) hours at the following
rate:
- Twelve decimal five (12.5) hours at the employee's straight–time hourly rate
until the month in which the employee's sixteenth (16th) anniversary occurs;
- thirteen decimal seven five (13.75) hours at the employee's straight-time
hourly rate commencing with the month in which the employee's sixteen (16th) anniversary
of service occurs;
- fourteen decimal three seven five (14.375) hours at the employee's straight-time
hourly rate commencing with the month in which the anniversary of the employee's
seventeenth (17th) year of service occurs;
- fifteen decimal six two five (15.625) hours at the employee's straight-time
hourly rate commencing with the month in which the anniversary of the employee's
eighteenth (18th) year of service occurs;
- sixteen decimal eight seven five (16.875) hours at the employee's straight
time hourly rate commencing with the month in which the employee's twenty-seventh
(27th) anniversary of service occurs;
- eighteen decimal seven five (18.75) hours at the employee's straight-time
hourly rate commencing with the month in which the anniversary of the employee's
twenty-eighth (28th) anniversary of service occurs;
- However, an employee who is entitled to or who has received furlough leave
shall have the vacation leave credits earned under this article, reduced by three
decimal one two five (3.125) hours per month from the beginning of the month in
which the employee completes his twentieth (20th) year of continuous employment
until the beginning of the month in which the employee completes his twenty-fifth
(25th) year of continuous employment.
16.03 For the purpose of clause 16.02 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 an employee who receives
severance pay on lay-off and is reappointed to the public service within one (1)
year following the date of lay-off.
16.04 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent of the employee's
earned credits but an employee who has completed six (6) months of continuous employment
is entitled to receive an advance of credits equivalent to the anticipated credits
for the current vacation year.
16.05 Provision for Vacation Leave
- Employees are expected to take all their vacation leave during the vacation
year in which it is earned.
- In order to maintain operational requirements, the Employer reserves the
right to schedule an employee's vacation leave but shall make every reasonable effort:
- to provide an employee's vacation leave in an amount and at such time
as the employee may request;
- not to recall an employee to duty after he has proceeded on vacation
leave.
16.06 Replacement of Vacation Leave
Where, in respect of any period of vacation leave, an employee:
- is granted bereavement leave,
- is granted leave with pay because of illness in the immediate family,
or
- is granted sick leave on production of a medical certificate,
the period of vacation leave so displaced shall either be added to the vacation
period, if requested by the employee, and approved by the Employer, or reinstated
for use at a later date.
16.07 Carry Over
- Where in any vacation year, an employee has not been granted all of the vacation
leave credited to him, the unused portion of the employee's vacation leave credits,
up to a maximum of two hundred and sixty-two point 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 point five (262.5) hours shall be automatically paid
in cash at the employee's daily rate of pay as calculated from the classification
prescribed in the certificate of appointment of the employee's substantive position
on the last day of the vacation year.
- During any vacation year, upon application by the employee and at the discretion
of the Employer, earned but unused vacation leave credits in excess of one hundred
and twelve point five (112.5) hours may be paid in cash at the employees' daily
rate of pay as calculated from the classification prescribed in the certificate
of appointment of the employee's substantive position on March 31st of the previous
vacation year.
- Notwithstanding paragraph (a), if on the date of signing of this Agreement
or on the date an employee becomes subject to this Agreement, an employee has more
than two hundred and sixty-two point 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 31 of each year, until all vacation
leave credits in excess of two hundred and sixty-two point five (262.5) hours have
been liquidated. Payment shall be in one instalment per year, and shall be at the
employee's daily rate of pay as calculated from the classification prescribed in
the certificate of appointment of the employee's substantive position on March 31st
of the applicable previous vacation year.
16.08 Recall From Vacation Leave
Where, during any period of vacation leave, an employee is recalled to duty,
the employee shall be reimbursed for reasonable expenses, as normally defined by
the Employer, that the employee incurs:
- in proceeding to the employee's place of duty,
and
- in returning to the place from which the employee was recalled if he immediately
resumes vacation upon completing the assignment for which the employee was recalled,
after submitting such accounts as are normally required by the Employer.
16.09 The employee shall not be considered as being on vacation
leave during any period in respect of which the employee is entitled under clause
16.08 to be reimbursed for reasonable expenses incurred by him.
16.10 Cancellation of Vacation Leave
When the Employer cancels or alters a period of vacation or furlough leave which
it has previously approved in writing, the Employer shall reimburse the employee
for the non-returnable portion of vacation contracts and reservations made by the
employee in respect of that period, subject to the presentation of such documentation
as the Employer may require. The employee must make every reasonable attempt to
mitigate any losses incurred and will provide proof of such action, when available,
to the Employer.
16.11 Advance Payments
The Employer agrees to issue advance payments of estimated net salary for vacation
periods of two (2) or more complete weeks, providing a written request for such
advance payment is received from the employee at least six (6) weeks prior to the
last pay before the employee's vacation period commences, and providing the employee
has been authorized to proceed on vacation leave for the period concerned. Pay in
advance of going on vacation shall be made prior to departure. Any overpayment in
respect of such pay advances shall be an immediate first charge against any subsequent
pay entitlement and shall be recovered in full prior to any further payment of salary.
16.12 Leave when Employment Terminates
When an employee dies or otherwise ceases to be employed, the employee or the
employee's 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
the employee's credit by the daily rate of pay as calculated from the classification
prescribed in the employee's certificate of appointment on the date of the termination
of employment.
16.13 Vacation Leave Credits for Severance Pay
Where the employee requests, the Employer shall grant the employee any unused
vacation leave credits prior to termination of employment if this will enable the
employee, 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.
16.14 Abandonment
Notwithstanding clause 16.12, an employee whose employment is terminated by reason
of a declaration that he abandoned his position is entitled to receive the payment
referred to in clause 16.12 if he requests it within six (6) months following the
date upon which his employment is terminated.
16.15 Recovery on Termination
In the event of the termination of employment for reasons other than death or
lay-off the Employer shall recover from any monies owed the employee, an amount
equivalent to unearned vacation leave taken by the employee, calculated on the basis
of the rate of pay applicable to the employee's classification on the date of termination.
**
16.16 Appointment to a Separate Agency
Notwithstanding clause 16.12, an employee who resigns to accept an appointment
with an organization listed in Schedule V of the Financial Administration Act
may choose not to be paid for unused vacation and furlough leave credits, provided
that the appointing organization will accept such credits.
**
16.17 Appointment from a Separate Agency
The Employer agrees to accept the unused vacation and furlough leave credits
up to a maximum of thirty-five (35) days of an employee who resigns from an organization
listed in Schedule V of the Financial Administration Act in order to take
a position with the Employer if the transferring employee is eligible and has chosen
to have these credits transferred.
**
16.18
- Employees shall be credited a one-time entitlement of thirty-seven decimal
five (37.5) hours of vacation leave with pay on the first (1st) day of the month
following the employee's second (2nd) anniversary of service, as defined in clause
16.03.
- Transitional Provisions
- Effective on March 23, 2009, employees with more than two (2) years of service,
as defined in clause 16.03, shall be credited a one-time entitlement of thirty-seven
decimal five (37.5) hours of vacation leave with pay.
- The vacation leave credits provided in clause 16.18(a) and (b) shall be excluded
from the application of paragraph 16.07 dealing with the Carry over of Vacation
Leave.
17.01 Credits
An employee shall earn sick leave credits at the rate of nine decimal three hundred
seventy five (9.375) hours for each calendar month for which he receives pay for
at least seventy five (75) hours.
17.02 An employee 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.
17.03 Unless otherwise informed by the Employer, a statement
signed by the employee stating that because of illness or injury he was unable to
perform his duties shall, when delivered to the Employer, be considered as meeting
the requirements of paragraph 17.02(a).
17.04 An employee shall not be granted sick leave with pay during
any period in which he is on leave of absence without pay, or under suspension.
17.05 When an employee 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 employee was not granted sick
leave with pay.
17.06 Where an employee has insufficient or no credits to cover
the granting of sick leave with pay under the provision of clause 17.02 above, sick
leave with pay may, at the discretion of the Employer, be granted to an employee
for a period of up to one hundred eighty seven decimal five (187.5) hours, subject
to the deduction of such advanced leave from any sick leave credits subsequently
earned and, in the event of termination of employment for other than death or lay-off,
the recovery of the advance from any monies owed the employee.
17.07 Sick leave credits earned but unused by an employee during
a previous period of employment in the public service shall be restored to an employee
whose employment was terminated by reason of lay-off and who is reappointed in the
public service within two (2) years from the date of lay-off.
18.01 In respect to applications for leave made pursuant to
this article, the employee may be required to provide satisfactory validation of
the circumstances necessitating such requests.
18.02 Bereavement Leave with Pay
For the purpose of this clause, immediate family is defined as father, mother
(or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse
(including common-law partner resident with the employee), child (including child
of common-law partner), stepchild or ward of the employee, grandchild, grandparent,
father-in-law, mother-in-law, and relative permanently residing in the employee's
household or with whom the employee permanently resides.
- When a member of the employee's immediate family dies, an employee 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 employee shall be paid
for those days which are not regularly scheduled days of rest for the employee.
In addition, the employee may be granted up to three (3) days' leave with pay for
the purpose of travel related to the death.
- An employee is entitled to one (1) day's bereavement leave with pay for the
purpose related to the death of his son-in-law, daughter-in-law, brother-in-law
or sister-in-law.
- If, during a period of sick leave, vacation leave or compensatory leave,
an employee is bereaved in circumstances under which he would have been eligible
for bereavement leave with pay under paragraph 18.02(a) and 18.02(b), the employee
shall be granted bereavement leave with pay and his paid leave credits shall be
restored to the extent of any concurrent bereavement leave with pay granted.
- 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 than and/or in a different manner
than that provided for in paragraphs 18.02(a) and 18.02(b).
- If, during a period of paid leave, an employee is bereaved in circumstances
under which he would have been eligible for bereavement leave under this clause,
he shall be granted bereavement leave and his paid leave credits shall be restored
to the extent of any concurrent bereavement leave granted.
18.03 Maternity Leave without Pay
- An employee 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 employee has not yet proceeded on maternity leave without pay
and her newborn child is hospitalized,
or
- where the employee has proceeded on maternity leave without pay and
then returns to work for all or part of the period while 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 while
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 an employee to submit a medical certificate certifying
pregnancy.
- An employee 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 17, Sick Leave. For
purposes of this subparagraph, the terms "illness" or "injury" used in Article
17, Sick Leave, shall include medical disability related to pregnancy.
- An employee shall inform the Employer in writing of her plans to take 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 while
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.
18.04 Maternity Allowance
- An employee 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 the 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, an employee 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 employee'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 an employee 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 and the recruitment and retention "terminable
allowance", for each week of the waiting period, less any other monies earned
during this period,
and
- for each week the employee 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 and the recruitment and retention "terminable allowance" 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 employee's request, the payment referred to in subparagraph 18.04(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 the Québec Parental
Insurance Plan maternity benefits.
- The maternity allowance to which an employee 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 employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity leave without pay,
- for an employee 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 employee'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 and the recruitment and retention "terminable
allowance" referred to in paragraph (f) shall be the rate to which the employee
is entitled for the 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 an
employee has been on an acting assignment for at least four (4) months, the weekly
rate shall be the rate and the recruitment and retention "terminable allowance"
she was being paid on that day.
**
- Where an employee becomes eligible for a pay increment or pay revision that
would increase the maternity allowance, the allowance shall be adjusted accordingly.
- Maternity allowance payments made under the SUB Plan will neither reduce
nor increase an employee's deferred remuneration or severance pay.
18.05 Special Maternity Allowance for Totally Disabled Employees
- An employee who:
- fails to satisfy the eligibility requirement specified in subparagraph
18.04(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 the
Québec Parental Insurance maternity benefits,
and
- has satisfied all of the other eligibility criteria specified in paragraph
18.04(a), other than those specified in sections (A) and (B) of subparagraph
18.04(a)(iii),
shall be paid, in respect of each week of maternity allowance not received for
the reason described in subparagraph (i), the difference between ninety-three per
cent (93 %) of her weekly rate of pay and the recruitment and retention "terminable
allowance", and the gross amount of her weekly disability benefit under the DI Plan,
the LTD plan or through the Government Employees Compensation Act.
- An employee shall be paid an allowance under this clause and under clause
18.04 for a combined period of no more than the number of weeks while 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 the Québec Parental Insurance maternity benefits for the reasons described in
subparagraph 18.05(a)(i).
18.06 Medical Appointment for Pregnant Employees
- Up to three decimal seven five (3.75) hours of time off with pay will
be granted to pregnant employees 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.
18.07 Maternity-related Reassignment or Leave
- An employee 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.
- An employee's request under paragraph 18.07(a) above 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 an independent medical opinion.
- An employee who has made a request under paragraph 18.07(a) above 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 employee'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 employee in writing
and shall grant leave of absence without pay to the employee 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.
- An employee 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 original medical certificate, unless there is a valid reason why that notice
cannot be given. Such notice must be accompanied by a new medical certificate.
18.08 Parental Leave Without Pay
- Where an employee 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 employee 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
employee's care.
- Where an employee 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 employee 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 employee's
care.
- Notwithstanding paragraphs (a) and (b) above, at the request of an employee
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 employee's child is hospitalized within the period defined
in the above paragraphs, and the employee has not yet proceeded on parental
leave without pay,
or
- where the employee has proceeded on parental leave without pay and then
returns to work for all or part of the period while 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
while the employee 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.
- An employee 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 employee;
- grant the employee parental leave without pay with less than four (4)
weeks' notice;
- require an employee 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.
18.09 Parental Allowance
- An employee 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 employee will return to work on the expiry date of his or 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 employee 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 18.04(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:owever, an employee 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 employee'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 an employee is subject to a waiting period of two (2) weeks before
receiving Employment Insurance parental benefits, ninety-three per cent (93
%) of his or her weekly rate of pay and the recruitment and retention "terminable
allowance", for each week of the waiting period, less any other monies earned
during this period;
- for each week the employee receives parental, adoption or paternity
benefit 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 and the recruitment and retention "terminable
allowance" and the parental, adoption or paternity benefit, less any other monies
earned during this period which may result in a decrease in his or 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 an employee 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 and the recruitment
and retention "terminable allowance" for each week, less any other monies earned
during this period.
- At the employee's request, the payment referred to in subparagraph 18.09(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
parental benefits.
- The parental allowance to which an employee is entitled is limited to that
provided in paragraph (c) and an employee 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 employee, the employee's weekly rate of pay on the day
immediately preceding the commencement of maternity or parental leave without
pay;
- for an employee 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 employee'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 and
the recruitment and retention "terminable allowance" to which the employee is entitled
for the substantive level to which he or she is appointed.
- Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on
the day immediately preceding the commencement of parental leave without pay an
employee is performing an acting assignment for at least four (4) months, the weekly
rate shall be the rate and the recruitment and retention "terminable allowance"
the employee was being paid on that day.
**
- Where an employee becomes eligible for a pay increment or pay revision that
would increase the parental allowance, the allowance shall be adjusted accordingly.
- Parental allowance payments made under the SUB Plan will neither reduce nor
increase an employee's deferred remuneration or severance pay.
**
- The maximum combined, shared maternity and parental allowances payable under
this Agreement shall not exceed fifty-two (52) weeks for each combined maternity
and parental leave without pay.
18.10 Special Parental Allowance for Totally Disabled Employees
- An employee who:
- fails to satisfy the eligibility requirement specified in subparagraph
18.09(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 employee from receiving Employment Insurance
or the Québec Parental Insurance benefits,
and
- has satisfied all of the other eligibility criteria specified in paragraph
18.09(a), other than those specified in sections (A) and (B) of subparagraph
18.09(a)(iii),
shall be paid, in respect of each week of benefits under the parental allowance
not received for the reason described in subparagraph (i), the difference between
ninety-three per cent (93 %) of the employee's rate of pay and the recruitment and
retention "terminable allowance", and the gross amount of his or her weekly disability
benefit under the DI Plan, the LTD plan or through the Government Employees
Compensation Act.
- An employee shall be paid an allowance under this clause and under clause
18.09 for a combined period of no more than the number of weeks while the employee
would have been eligible for parental, paternity, or adoption benefits under the
Employment Insurance or the Québec Parental Insurance Plan, had the employee
not been disqualified from Employment Insurance or Québec Parental Insurance benefits
for the reasons described in subparagraph 18.10(a)(i).
18.11 Leave Without Pay for the Care of Immediate Family
- Both parties recognize the importance of access to leave for the purpose
of care for the immediate family.
- For the purpose of this article, Immediate Family is defined as spouse
(or common-law partner resident with the employee), children (including foster children
or children of spouse or common-law partner) parents (including stepparents or foster
parents) or any relative permanently residing in the employee's household or with
whom the employee permanently resides.
- Subject to clause 18.11(b), an employee shall be granted leave without
pay for the care of family in accordance with the following conditions:
- an employee shall notify the Employer in writing as far in advance
as possible but not less than four (4) weeks in advance of the commencement
date of such leave, unless, because of urgent or unforeseeable circumstances,
such notice cannot be given;
- leave granted under this article shall be for a minimum period
of three (3) weeks;
- the total leave granted under this article shall not exceed five
(5) years during an employee's total period of employment in the public service;
- leave granted for a period of one (1) year or less shall be scheduled
in a manner which ensures continued service delivery.
- An employee who has proceeded on leave without pay may change his or
her return to work date if such change does not result in additional costs to the
Employer.
- All leave granted under Leave Without Pay for the Long-Term Care of
a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age
Children under the terms of previous Collective Agreements will not count towards
the calculation of the maximum amount of time allowed for Care of Immediate Family
during an employee's total period of employment in the public service.
18.12 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 an employee 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 an employee for
personal needs.
- An employee is entitled to leave without pay for personal needs only
once for a period of up to three (3) months and only once for a period of more than
three (3) months but not exceeding one (1) year during the employee's total period
of employment in the public service. Leave without pay granted under this clause
may not be used in combination with maternity or parental leave without the consent
of the Employer.
- Leave without pay granted under paragraph (a) 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) 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 employee
involved. Time spent on such leave shall not be counted for pay increment purposes.
18.13 Leave Without Pay for Relocation of Spouse
- At the request of an employee, leave without pay for a period of up to one
(1) year shall be granted to an employee whose spouse is permanently relocated and
up to five (5) years to an employee 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 employee 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.
18.14 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 employee); children (including children of legal or common-law
partner); parents (including step-parents or foster parents); or any relative permanently
residing in the employee's household or with whom the employee permanently resides.
- The Employer shall grant leave with pay under the following circumstances:
**
- an employee 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 an
employee shall be granted leave for a medical or dental appointment when the
family member is incapable of attending the appointment alone, or for appointments
with appropriate authorities in schools or adoption agencies; an employee 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 employee's family and to provide an employee
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 the
adoption of the employee's child;
- The total leave with pay that may be granted under subparagraphs (b)(i),
(ii) and (iii) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal
year.
18.15 Court Leave with Pay
Leave with pay shall be given to every employee, other than an employee 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
the employee's 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.
18.16 Personnel Selection Leave with Pay
Where an employee 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 employee is entitled to
leave with pay for the period while the employee's presence is required for purposes
of the selection process, and for such further period as the Employer considers
reasonable for the employee to travel to and from the place where the employee's
presence is so required. This clause applies equally in respect of the personnel
selection processes related to deployment.
18.17 Injury-on-Duty Leave with Pay
An employee 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 the employee is unable to perform the employee's
duties because of:
- personal injury accidentally received in the performance of the employee's
duties and not caused by the employee's wilful misconduct,
- sickness resulting from the nature of the employee's employment,
or
- exposure to hazardous conditions in the course of the employee's employment,
if the employee agrees to pay to the Receiver General of Canada any amount received
for loss of wages in settlement of any claim the employee 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 employee or the employee's
agent has paid the premium.
18.18 Examination Leave
Leave with pay to take examinations or defend dissertations may be granted by
the Employer to an employee who is not on education leave. Such leave will be granted
only where, in the opinion of the Employer, the course of study is directly related
to the employee's duties or will improve the employee's qualifications.
18.19 Volunteer Leave
**
Subject to operational requirements as determined by the Employer and with an
advance notice of at least five (5) working days, the employee 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 employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leave at such time as the employee may request.
18.20 Other Leave with Pay
- At its discretion, the Employer may grant leave with pay for purposes other
than those specified in this Agreement, including military or civil defence training,
emergencies affecting the community or place of work, and when circumstances not
directly attributable to the employee prevent the employee reporting for duty.
- Personal Leave
**
- Subject to operational requirements as determined by the Employer and with an
advance notice of at least five (5) working days, the employee 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 both to the employee and the
Employer. Nevertheless, the Employer shall make every reasonable effort to grant
the leave at such time as the employee may request.
18.21 Other Leave without Pay
At its discretion, the Employer may grant leave without pay for purposes other
than those specified in this Agreement, including enrolment in the Canadian Armed
Forces and election to a full-time municipal office.
19.01 General
The parties recognize that in order to promote professional expertise, employees,
from time to time, need to have an opportunity to attend or participate in career
development activities described in this article.
19.02 Education Leave
- An employee 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 the employee to fill the employee's present
role more effectively, or to undertake studies in some field in order to provide
a service which the Employer requires or is planning to provide.
- An employee on Education Leave without pay under this article may receive
an allowance in lieu of salary of up to one hundred per cent (100 %) of the employee's
annual rate of pay, depending on the degree to which the education leave is deemed,
by the Employer, to be relevant to organizational requirements. Where the employee
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 employee may, at the discretion
of the Employer, be continued during the period of the education leave. The employee
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, an employee 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 employee, 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 the employee has undertaken to serve after completion
of the course,
the employee shall repay the Employer all allowances paid to the employee under
this clause during the education leave or such lesser sum as shall be determined
by the Employer.
19.03 Conferences and Professional Development
The parties to this Agreement recognize that attendance at professional or scientific
conferences, symposia, workshops and other gatherings of a similar nature constitutes
an integral part of an employee's professional activities and that attendance and
participation in such gatherings is recognized as an important element in enhancing
creativity in the conduct of scientific research or professional development. In
this context, the parties also recognize the importance of research networking with
national and international peers and active participation in the business and organization
of relevant scientific and professional societies.
**
- Professional or Scientific Conferences
- An employee will attend professional or scientific conferences when it
is deemed by management that such attendance will benefit the research program
or the employee's career development.
- Each employee will have the opportunity to attend conferences, symposia,
workshops, and other gatherings of a similar nature, which the employee deems
relevant and beneficial to the research program or the employee's career development.
The Employer shall make a reasonable effort to approve the employee's request
subject to operational requirements.
- An employee who attends such a conference, symposium, workshop, and
other gatherings of a similar nature, shall be considered to be on duty and,
as required, in travel status.
- An employee shall not be entitled to any compensation under Article
14, Travelling Time, in respect of hours the employee is travelling to or from
a conference or similar gathering.
- Professional Development
- The parties recognize the desirability of improving professional standards
by giving employees the opportunity:
- to conduct research or to perform work related to their normal research
programs in institutions or locations other than their normal place of work,
including non-public service locations,
or
- to carry out research in the employee's field of specialization not
specifically related to the employee's assigned work projects when in the
opinion of the Employer such research is needed to enable the employee to
perform the employee's assigned role more adequately.
- An employee, in consultation with the Employer, may apply at any time
for professional development under this clause, and the Employer shall make
a reasonable effort to grant such professional assignments subject to operational
requirements.
- An employee may be selected by the Employer for such development under
this clause, in which case the Employer will consult with the employee before
determining the location and duration of the program of work or studies to be
undertaken.
- An employee selected for professional development under this clause
will continue to receive the employee's normal compensation including any increase
or improvement for which the employee may become eligible.
- An employee on professional development under this clause may be reimbursed
for reasonable travel expenses and such other additional expenses as the Employer
deems appropriate.
19.04 Selection Criteria
- Should the Employer establish selection criteria for granting leave under
clauses 19.02 and 19.03 for a specified classification, a copy of these criteria
will be provided to an employee who so requests and to the Institute Representative
on the Departmental Career Development Consultation Committee. The Employer, on
request, will consult with the Institute Representative on the Committee with regard
to the selection criteria.
- All applications for leave under clauses 19.02 and 19.03 will be reviewed
by the Employer. A list of the names of the applicants to whom the Employer grants
leave under clauses 19.02 and 19.03 will be provided to the Institute Representative
on the Departmental Career Development Consultation Committee.
19.05 Departmental Career Development Consultation Committee
- The parties to this Collective Agreement acknowledge the mutual benefits
to be derived from consultation on Career Development. To this effect the parties
agree that such consultation will be held at the departmental level either through
the existing Joint Consultation Committee or through the creation of a Departmental
Career Development Consultation Committee. A consultation committee as determined
by the parties, may be established at the local, regional or national level.
- The Departmental Consultation Committee shall be composed of mutually agreeable
numbers of employees and Employer representatives who shall meet at mutually satisfactory
times. Committee meetings shall normally be held on the Employer's premises during
working hours.
- Employees forming the continuing membership of the Departmental 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.
- The Employer recognizes the use of such committees for the purpose of providing
information, discussing the application of policy, promoting understanding and reviewing
problems.
- It is understood that no commitment may be made by either party on a subject
that is not within their authority or jurisdiction, nor shall any commitment made
be construed as to alter, amend, add to or modify the terms of this Agreement.
19.06 Joint Institute/Treasury Board Career Development Committee
- In addition to consultation on career development at the departmental level
referred to in clause 19.05, the representatives of the Employer and the Institute
agree to establish a joint Institute/Treasury Board Career Development Committee.
- In establishing this committee, it is understood by the parties that departments
are responsible for the application of the policies related to Career Development.
- It is understood that no commitment may be made by either party on a subject
that is not within their authority or jurisdiction, nor shall any commitment made
be construed as to alter, amend, add to or modify the terms of this Agreement.
20.01 Under the following circumstances and subject to clause
20.02 an employee shall receive severance benefits calculated on the basis of his
weekly rate of pay:
- Lay-Off
- On the first (1st) lay-off 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 one 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 20.01(a)(i)
above.
- Resignation
- On resignation, subject to paragraph 20.01(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 and, in the case of a partial year of continuous employment, one-half
(1/2) week's pay multiplied by the number of days of continuous employment divided
by three hundred and sixty-five (365), up to a maximum of twenty-six (26) years
with a maximum benefit of thirteen (13) weeks' pay.
- Retirement
- On retirement, when an employee is entitled to an immediate annuity or to an
immediate annual allowance under the Public Service Superannuation Act,
a severance payment in respect of the employee's complete period of continuous employment,
comprised of 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 an employee dies, there shall be paid to the employee's estate a severance
payment in respect of the employee's complete period of continuous employment, comprised
of 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.
- Rejection on Probation
- On rejection on probation, when an employee has completed more than one (1) year
of continuous employment and ceases to be employed by reason of rejection during
a probationary period, one (1) week's pay for each complete year of probation.
**
- Termination for Cause for Reasons of Incapacity or Incompetence
- When an employee has completed more than one (1) year of continuous employment
and ceases to be employed by reason of termination for cause of reasons of incapacity
pursuant to paragraph 12(1)(e) of the Financial Administration Act,
one (1) week's pay for each complete year of continuous employment with a maximum
benefit of twenty-eight (28) weeks.
- When an employee has completed more than ten (10) years of continuous
employment and ceases to be employed by reasons of termination for cause of
reasons of incompetence pursuant to paragraph 12(2)(d) of the Financial
Administration Act, one (1) week's pay for each complete year of continuous
employment with a maximum benefit of twenty-eight (28) weeks.
20.02 The period of continuous employment used in the calculation
of severance benefits payable to an employee under this article shall be reduced
by any period of continuous employment in respect of which the employee 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 20.01
be pyramided.
20.03 The weekly rate of pay referred to in the above clauses
shall be the weekly rate of pay to which the employee is entitled for the classification
prescribed in the employee's certificate of appointment, immediately prior to the
termination of employment.
**
20.04 Notwithstanding clause 20.01, an employee who resigns
to accept an appointment with an organization listed in Schedule V of the Financial
Administration Act may choose not to be paid severance pay provided that the
appointing organization will accept the employee's Schedule I and IV of the
Financial Administration Act service for its severance pay entitlement.
21.01 Upon written request, an employee shall be entitled to
a complete and current statement of the duties and responsibilities of the employee's
position, including the position's classification level and the position rating
form.
22.01 Both parties recognize the importance of employees becoming
members of and actively participating in the business and organization of relevant
scientific and professional activities, such as organizing symposiums, being committee
members, office holders, editors of scientific journals and reviewers of scientific
papers.
22.02 The Employer shall reimburse an employee for his payment
of membership or registration fees to an organization or governing body when the
payment of such fees is a requirement for the continuation of the performance of
the duties of his position.
Diving Allowance
**
- Employees whose job duties require them to dive (as that word is hereinafter
defined) shall be paid an allowance of twenty-five dollars ($25.00) per hour. The
minimum allowance shall be two (2) hours per dive.
- A dive is the total of any period or periods of time during any eight (8)
hour period in which an employee carries out required underwater work with the aid
of a self-contained air supply.
23.02 Flying Allowance
- An employee, except an employee in receipt of a responsibility allowance,
who in the performance of his duties is required to work in experimental aircraft
whilst in flight, shall receive an allowance of one hundred dollars ($100.00) per
month provided that he completes not less than fifteen (15) hours in the performance
of such duties during any period of three (3) consecutive months.
- For the purposes of this clause an experimental aircraft is defined as an
aircraft for which the Ministry of Transport has issued a flight permit valid for
the purpose of experimental research.
23.03 Field or Sea Research Allowance
This clause does not apply to employees classified as DS.
- Effective October 1, 2004, an employee who meets the conditions set forth
below shall be paid a field or sea research allowance of three hundred and forty
dollars ($340.00) for each fifteen (15) calendar day period, provided that:
- he completes a minimum of fifteen (15) calendar days on field or sea
research work in a consecutive three hundred and sixty-five (365) day period,
- the minimum number of days referred to in (i) is made up of periods
of not less than two (2) consecutive calendar days.
- Once the conditions of (a)(i) and (ii) are met, an employee shall be paid
on a pro rata basis for periods of field or sea research work of less than fifteen
(15) calendar days.
24.01 The Employer shall provide the employee with immunization
against communicable diseases where there is a risk of incurring such diseases in
the performance of his duties.
25.01 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
Workforce Adjustment Agreement in Appendix E concluded by the parties will apply.
In all other cases, the following clauses will apply:
25.02 In this article "Technological Change" means:
- the introduction by the Employer of equipment or material of a substantially
different nature than that previously utilized which will result in significant
changes in the employment status or working conditions of employees;
or
- a major change in the Employer's operation directly related to the introduction
of that equipment or material which will result in significant changes in the employment
status or working conditions of the employees.
25.03 Both parties recognize the overall advantages of technological
change and will, therefore, encourage and promote technological change 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 which might result from
such changes.
25.04 The Employer agrees to provide as much advance notice
as is practicable but, except in cases of emergency, not less than one hundred and
twenty (120) days written notice to the Institute of the introduction or implementation
of technological change.
25.05 The written notice provided for in clause 25.04 will provide
the following information:
- the nature and degree of change;
- the anticipated date or dates on which the Employer plans to effect change;
- the location or locations involved.
25.06 As soon as reasonably practicable after notice is given
under clause 25.04, the Employer shall consult with the Institute concerning the
effects of the technological change referred to in clause 25.04 on each group of
employees. Such consultation will include but not necessarily be limited to the
following:
- the approximate number, class and location of employees likely to be affected
by the change;
- the effect the change may be expected to have on working conditions or terms
and conditions of employment on employees.
25.07 When, as a result of technological change, the Employer
determines that an employee requires new skills or knowledge in order to perform
the duties of his substantive position, the Employer will make every reasonable
effort to provide the necessary training during the employee's working hours and
at no cost to the employee.
26.01 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 Institute 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 or occupational
illness.
27.01 The Employer recognizes the Institute as the exclusive
bargaining agent for all employees described in the certificate issued by the Public
Service Staff Relations Board on June 16, 1999 covering employees of the Research
Group.
27.02 The Employer recognizes that it is a proper function and
a right of the Institute to bargain with a view to arriving at a collective agreement
and the Employer and the Institute agree to bargain in good faith, in accordance
with the provisions of the Public Service Labour Relations Act.
28.01 The Employer will as a condition of employment deduct
an amount equal to the amount of the membership dues from the monthly pay of all
employees in the bargaining unit.
28.02 The Institute shall inform the Employer in writing of
the authorized monthly deduction to be checked off for each employee defined in
clause 28.01.
28.03 For the purpose of applying clause 28.01, deductions from
pay for each employee in respect of each month will start with the first (1st) full
month of employment to the extent that earnings are available.
28.04 An employee who satisfies the Employer to the extent that
he declares in an affidavit that he is a member of a religious organization whose
doctrine prevents him as a matter of conscience from making financial contributions
to an employee organization and that he 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. A copy of the affidavit will be provided to the Institute.
28.05 No employee organization, as defined in section 2 of the
Public Service Labour Relations Act, other than the Institute, shall be
permitted to have membership dues and/or other monies deducted by the Employer from
the pay of employees in the bargaining unit.
28.06 The amounts deducted in accordance with clause 28.01 shall
be remitted to the Institute 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 the employee's behalf.
28.07 The Employer agrees to continue the past practice of making
deductions for other purposes on the basis of the production of appropriate documentation.
28.08 The Institute 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,
in which case the liability shall be limited to the amount of the error.
28.09 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.
28.10 Where an employee does not have sufficient earnings in
respect of any month to permit deductions under this article the Employer shall
not be obligated to make such deductions for that month from subsequent salary.
29.01 Access by an Institute Representative
An accredited representative of the Institute may be permitted access to the
Employer's premises on stated Institute business and to attend meetings called by
management. Permission to enter the premises shall, in each case, be obtained from
the Employer.
29.02 Bulletin Boards
Reasonable space on bulletin boards, including electronic bulletin boards where
available, will be made available to the Bargaining Agent for the posting of official
notices, in convenient locations determined by the Employer and the Institute. Notices
or other material shall require the prior approval of the Employer, except notices
relating to the business affairs of the Institute and social and recreational events.
The Employer shall have the right to refuse the posting of any information which
the Employer considers adverse to the Employer's interests or to the interests of
any of the Employer's representatives.
29.03 Institute Literature
The Employer will continue its practice of making available to the Institute
a specific location on its premises for the storage and placement of a reasonable
quantity of Institute files and literature.
30.01 The Employer agrees to supply the Institute on a quarterly
basis with a list of all employees in the bargaining unit. The list referred to
herein shall include the name, employing department, geographical location, classification
of the employee and shall be provided within one 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 employees.
30.02 The Employer agrees to supply each employee with a copy
of the Collective Agreement and any amendments thereto.
30.03 Upon the written request of an employee, the Employer
shall make available at a mutually satisfactory time National Joint Council Agreements
listed in clause 36.03 which have a direct bearing on the requesting employee's
terms and conditions of employment.
30.04 The Employer agrees to distribute to each new employee
an information package prepared and supplied by the Institute. Such information
package shall require the prior approval of the Employer.
31.01 The Employer acknowledges the right of the Institute to
appoint Stewards from amongst the members of bargaining units for which the Institute
is the certified bargaining agent.
31.02 The Employer and the Institute shall, by mutual agreement,
determine the area of jurisdiction of each Steward, having regard to the plan of
organization and the distribution of employees.
31.03 The Institute shall inform the Employer promptly and in
writing of the names of its Stewards, their jurisdiction, and of any subsequent
changes.
31.04 Leave for Stewards
Operational requirements permitting, the Employer shall grant leave with pay
to an employee to enable him to carry out his functions as a Steward on the Employer's
premises. When the discharge of these functions require an employee who is a Steward
to leave his normal place of work, the employee shall report his return to his supervisor
whenever practicable.
32.01 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 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 an employee who makes a complaint on their own behalf before the Public
Service Labour Relations Board,
and
- to an employee who acts on behalf of an employee making a complaint, or who
acts on behalf of the Institute making a complaint.
32.02 Applications for Certification, Representations and Interventions With
Respect to Applications for Certification
Where operational requirements permit, the Employer will grant leave without
pay:
- to an employee who represents the Institute in an application for certification
or in an intervention,
and
- to an employee who makes personal representations with respect to a certification.
32.03 Employee Called as a Witness
The Employer will grant leave with pay:
- to an employee called as a witness by the Public Service Labour Relations
Board,
and
- where operational requirements permit, to an employee called as a witness
by an employee or the Institute.
32.04 Arbitration Board, Public Interest Commission Hearings and Alternative
Dispute Resolution Process
Where operational requirements permit, the Employer will grant leave with pay
to an employee representing the Institute before an Arbitration Board, Public Interest
Commission or an Alternative Dispute Resolution Process.
32.05 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 an Alternative Dispute Resolution
Process and, where operational requirements permit, leave with pay to an employee
called as a witness by the Institute.
32.06 Adjudication
Where operational requirements permit, the Employer will grant leave with pay
to an employee who is:
- a party to an adjudication,
or
- the representative of an employee who is a party to an adjudication,
or
- a witness called by an employee who is party to an adjudication.
32.07 Meetings during the Grievance Process
Employee Presenting Grievance
Where operational requirements permit, the Employer will grant to an employee:
- 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
- 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.
32.08 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.
32.09 Grievance Investigations
Where an employee has asked or is obliged to be represented by the Institute
in relation to the presentation of a grievance and an employee acting on behalf
of the Institute 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.
32.10 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 Institute.
32.11 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without
pay to an employee to attend preparatory contract negotiations meetings.
32.12 Meetings between the Institute and Management
Where operational requirements permit, the Employer will grant leave with pay
to an employee to attend meetings with management on behalf of the Institute.
32.13 Institute Meetings and Conventions
Where operational requirements permit, the Employer will grant leave without
pay to an employee to attend meetings and conventions provided in the Constitution
and By-Laws of the Institute.
32.14 Stewards Training Courses
- Where operational requirements permit, the Employer will grant leave without
pay to employees appointed as Stewards by the Institute, to undertake training sponsored
by the Institute related to the duties of a Steward.
- Where operational requirements permit, the Employer will grant leave with
pay to employees appointed as Stewards by the Institute, to attend training sessions
concerning Employer-employee relations sponsored by the Employer.
33.01 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.
34.01 The parties agree that, in the event of a dispute arising
out of the interpretation of a clause or article in this Agreement, it is desirable
that the parties should meet within a reasonable time and seek to resolve the problem.
This article does not prevent an employee from availing himself or herself of the
grievance procedure provided in this Agreement.
35.01 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.
35.02 Individual Grievances
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:
- by the interpretation or application, in respect of the employee, 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 the Collective Agreement or an arbitral award; or
- as a result of any occurrence or matter affecting his or her terms and conditions
of employment.
35.03 Group Grievances
Subject to and as provided in section 215 of the Public Service Labour Relations
Act, the Institute 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 in respect of those employees, of a provision of the Collective
Agreement or an arbitral award.
- In order to present a group grievance, the Institute must first obtain the
written consent of each of the employees concerned.
- A group grievance must relate to employees in a single portion of the Federal
Public Administration.
35.04 Policy Grievances
Subject to and as provided in section 220 of the Public Service Labour Relations
Act, the Institute or the Employer may present a policy grievance in respect
of the interpretation or application of the Collective Agreement or an arbitral
award.
A policy grievance may be presented by the Institute only at the final step of
the grievance procedure, to an authorized representative of the Employer. The Employer
shall inform the Institute of the name, title and address of this representative.
The grievance procedure for a policy grievance by the Employer shall also be
composed of a single step, with the grievance presented to an authorized representative
of the Institute. The Institute shall inform the Employer of the name, title and
address of this representative.
35.05
- For the purposes of this article, a grievor is an employee or, in the case
of a group or policy grievance, a steward, Institute staff person or other authorized
representative appointed by the Institute.
- 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.
- The parties recognize the value of informal discussion between employees
and their supervisors and between the Institute 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 Institute, within the time limits prescribed in clause
35.12, 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.
35.06 A grievor wishing to present a grievance at any prescribed
step in the grievance procedure, shall transmit this grievance to the employee's
immediate supervisor or local officer-in-charge who shall forthwith:
- forward the grievance to the representative of the Employer authorized
to deal with grievances at the appropriate step,
and
- provide the grievor with a receipt stating the date on which the grievance
was received.
35.07 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.
35.08 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 35.06, except that:
- 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
- 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 Institute.
35.09There shall be three (3) steps in the grievance procedure.
These levels shall be as follows:
- Step 1 - first level of management;
- Step 2 - intermediate level;
- Final Step - Chief Executive or an authorized representative.
35.10 The Employer shall designate a representative at each
step 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.
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 Institute.
35.11 An employee who so desires, may be assisted and/or represented
by the Institute when presenting a grievance at any step. The Institute shall have
the right to consult with the Employer with respect to a grievance at each or any
step of the grievance procedure.
35.12 A grievor may present a grievance to the first step of
the procedure in the manner prescribed in clause 35.06, not later than the twenty-fifth
(25th) 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 35.04
not later than the twenty-fifth (25th) 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.
35.13 A grievor may present a grievance at each succeeding step
in the grievance procedure beyond the first step either:
- 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
- where the Employer has not conveyed a decision to the grievor within
the time prescribed in clause 35.14, within fifteen (15) days after presentation
by the grievor of the grievance at the previous step.
35.14 The Employer shall normally reply to a grievance at any
step of the grievance procedure, except the final step, within ten (10) days after
the grievance is presented, and within twenty (20) days where the grievance is presented
at the final step except in the case of a policy grievance, to which the Employer
shall normally respond within thirty (30) days. The Institute shall normally reply
to a policy grievance presented by the Employer within thirty (30) days.
35.15 Where an employee has been represented by the Institute
in the presentation of the employee's grievance, the Employer will provide the appropriate
representative of the Institute with a copy of the Employer's decision at each step
of the grievance procedure at the same time that the Employer's decision is conveyed
to the employee.
35.16 Where a grievance has been presented up to and including
the final step 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 step
in the grievance process is final and binding and no further action may be taken
under the Public Service Labour Relations Act.
35.17 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.
35.18 Where the provisions of clause 35.06 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 step 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 step shall be calculated from the date
on which the Employer's reply was delivered to the address shown on the grievance
form.
35.19 The time limits stipulated in this procedure may be extended
by mutual agreement between the Employer and the grievor and, where appropriate
the Institute representative, except as provided in clause 35.21.
35.20 Where it appears that the nature of the grievance is such
that a decision cannot be given below a particular step of authority, any or all
the steps except the final step may be eliminated by agreement of the Employer and
the grievor, and, where applicable, the Institute.
35.21 Where the Employer demotes or terminates an employee 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 may be presented at the final step only,
and
- the twenty (20) day time limit within which the Employer is to reply at the
final step may be extended to a maximum of forty (40) days by mutual agreement of
the Employer and the appropriate representative of the Institute.
35.22 A grievor may by written notice to the immediate supervisor
or officer-in-charge abandon a grievance.
35.23 Any grievor who fails to present a grievance to the next
higher step 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.
35.24 Where a grievance has been presented up to and including
the final step in the grievance procedure with respect to:
- the interpretation or application of a provision of this Collective Agreement
or related arbitral award,
or
- termination of employment or demotion pursuant to paragraph 12(1)(c), (d)
or (e) of the Financial Administration Act,
or
- disciplinary action resulting in suspension or financial penalty,
and the grievance has not been resolved, it may be referred to adjudication in
accordance with the provisions of the Public Service Labour Relations Act
and Regulations.
35.25 Where a grievance that may be presented by an employee
to adjudication is a grievance relating to the interpretation or application in
respect of 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 Institute
signifies in prescribed manner:
- its approval of the reference of the grievance to adjudication,
and
- its willingness to represent the employee in the adjudication proceedings.
35.26 Expedited Adjudication
The parties agree that any adjudicable grievance may be referred to the following
expedited adjudication process:
The Professional Institute of the Public Service of Canada and the Treasury Board
Secretariat agree to establish a process of expedited adjudication, which may be
reviewed at any time by the parties and the Public Service Labour Relations Board
(PSLRB). The framework is set out below.
- 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.
- Future cases may be identified for this process by either party, subject
to the consent of the parties.
- When the parties agree that a particular grievance will proceed through
expedited adjudication, the Institute 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 least forty-eight (48) hours prior to the start
of the hearing.
- No witnesses will testify.
- The adjudicator will be appointed by the PSLRB from among any of the
members of the chairperson group, or any of its members who have had at least two
(2) 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 hearing 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.
36.01 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(b)
of the PSLRA.
36.02 The NJC items which may be included in a collective agreement
are those which parties to the NJC Agreements have designated as such or upon which
the Chairperson of the Public Service Labour Relations Board has made a ruling pursuant
to (c) of the NJC Memorandum of Understanding which became effective December 6,
1978.
36.03 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:
**
NJC Directives
- Bilingualism Bonus Directive
- Commuting Assistance Directive
- First Aid to the General Public - Allowance for Employees
- Foreign Service Directives
- Isolated Posts and Government Housing Directive
- NJC Relocation Directive
- Public Service Health Care Plan Directive
- Travel Directive
- Uniforms Directive
Occupational Health and Safety
- Motor Vehicle Operations Directive
- Occupational Health and Safety Directive
- Pesticides 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 35.01 of the Article on grievance procedure in this
Collective Agreement.
37.01 The parties acknowledge the mutual benefits to be derived
from joint consultation and will consult on matters of common interest.
37.02 The subjects that may be determined as appropriate for
joint consultation will be by mutual agreement of the parties and shall include
consultation regarding career development. Consultation may be at the local, regional
or national level as determined by the parties.
37.03 Wherever possible, the Employer shall consult with representatives
of the Institute at the appropriate level about contemplated changes in conditions
of employment or working conditions not governed by this Agreement.
37.04 Joint Consultation Committee Meetings
The Consultation Committees shall be composed of mutually agreeable numbers of
employees and Employer representatives who shall meet at mutually satisfactory times.
Committee meetings shall normally be held on the Employer's premises during working
hours.
37.05 Employees 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.
37.06 Joint Consultation Committees are prohibited from agreeing
to items which would alter any provision of this Collective Agreement.
38.01 Where written departmental standards of discipline are
developed or amended, the Employer agrees to supply sufficient information on the
standards of discipline to each employee and to the Institute.
38.02 Where an employee is required to attend a meeting on disciplinary
matters the employee is entitled to have a representative of the Institute attend
the meeting when the representative is readily available. Where practicable, the
employee shall receive a minimum of two (2) days notice of such a meeting.
38.03 The Employer agrees not to introduce as evidence in a
hearing relating to disciplinary action any document concerning the conduct or performance
of an employee the existence of which the employee was not aware at the time of
filing or within a reasonable time thereafter.
38.04 Notice of disciplinary action which may have been placed
on the personnel file of an employee shall be destroyed after two (2) years have
elapsed since the disciplinary action was taken provided that no further disciplinary
action has been recorded during this period.
38.05 When an employee is suspended from duty, the Employer
undertakes to inform the employee in writing of the reason for such suspension.
The Employer shall endeavour to give notification at the time of the suspension.
39.01 If employees are prevented from performing their duties
because of a strike or lock-out on the premises of another employer, the employees
shall report the matter to the Employer, and the Employer will make reasonable efforts
to ensure that such employees are employed elsewhere, so that they shall receive
their regular pay and benefits to which they would normally be entitled.
40.01 Definition
Part-time employee means a person whose normal scheduled hours of work are less
than thirty-seven and one-half (37 1/2) hours per week, but not less than those
prescribed in the Public Service Labour Relations Act.
40.02 General
Part-time employees shall be entitled to the benefits provided under this Agreement
in the same proportion as their normal scheduled weekly hours of work compare with
the normal weekly hours of work of full-time employees unless otherwise specified
in this Agreement.
40.03 Part-time employees shall be paid at the hourly rate of
pay for all work performed up to seven and one-half (7 1/2) hours in a day or thirty-seven
and one-half (37 1/2) hours in a week unless the employee is working other daily
or weekly hours of work as prescribed pursuant to Article 8, Hours of Work.
40.04 The days of rest provisions of this Collective Agreement
apply only in a week when a part-time employee has worked five (5) days and a minimum
of thirty-seven and one-half (37 1/2) hours in a week at the hourly rate of pay.
40.05 Leave will only be provided:
- during those periods in which employees are scheduled to perform their duties;
or
- where it may displace other leave as prescribed by this Agreement.
40.06 Designated Holidays
A part-time employee shall not be paid for the designated holidays but shall,
instead be paid a premium of four decimal two five per cent (4.25 %) for all straight-time
hours worked during the period of part-time employment.
40.07 Subject to Article 9, Overtime, when a part-time employee
is required to work on a day which is prescribed as a designated paid holiday for
a full-time employee in clause 12.01 of this Agreement, the employee shall be paid
time and one-half (1 1/2) the hourly rate of pay for all hours worked on the holiday.
The provisions of clause 9.06, Compensatory Leave, do not apply.
40.08 Overtime
"Overtime" means work required by the Employer, to be performed by the employee,
in excess of those hours prescribed in clause 40.03 but does not include time worked
on a holiday.
40.09 Subject to Article 9, Overtime, a part-time employee who
is required to work overtime shall be paid at time and one-half (1 1/2) for all
overtime hours worked. The provisions of clause 9.06, Compensatory Leave, do not
apply.
40.10 Vacation Leave
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 work week, at the rate for years of employment established in clause 16.02,
Vacation Leave, 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 employee'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 employee'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 employee'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 employee'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 employee'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 employee'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 employee's workweek per month;
- however, a part-time employee who has received or is entitled to receive
furlough leave shall have his vacation leave credits earned reduced by one-twelfth
(1/12) of the hours in the part-time workweek, beginning in the month in which the
twentieth (20th) anniversary of service occurs until the beginning of the month
in which his twenty-fifth (25th) anniversary of service occurs.
40.11 Sick Leave
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 work week 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 work week.
40.12 Vacation and Sick Leave Administration
- For the purposes of administration of clauses 40.10 and 40.11, where an employee
does not work the same number of hours each week, the normal work week shall be
the weekly average calculated on a monthly basis.
- 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.
40.13 Severance Pay
Notwithstanding the provisions of Article 20, 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 classification
to produce the severance pay benefit.
40.14 The weekly rate of pay referred to in clause 40.13 shall
be the weekly rate of pay to which the employee is entitled for the classification
prescribed in his certificate of appointment, immediately prior to the termination
of his employment.
41.01For the purpose of this article,
- a formal assessment and/or appraisal of an employee's performance means any
written assessment and/or appraisal by any supervisor of how well the employee has
performed his assigned tasks during a specified period in the past;
- formal assessment and/or appraisals of employee performance shall be recorded
on a form prescribed by the Employer for this purpose.
41.02
- 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. An employee'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 employee's assessment form shall be provided to him at
the time the assessment is signed by the employee.
- The Employer's representative(s) who assesses 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.
41.03 When an employee 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.
41.04 Upon written request of an employee, the personnel file
of that employee shall be made available once per year for his examination in the
presence of an authorized representative of the Employer.
41.05 When a report pertaining to an employee's performance
or conduct is placed on that employee's personnel file, the employee concerned shall
be given an opportunity to sign the report in question to indicate that its contents
have been read.
41.06
- Prior to an employee appraisal the employee shall be given:
- the evaluation form which will be used for the appraisal;
- any written document which provides instructions to the person conducting
the appraisal;
- If, during the appraisal, either the form or instructions are changed, they
shall be given to the employee.
42.01 On application by an employee, the Employer shall provide
personal references to the prospective employer of such employee, indicating length
of service, principal duties and responsibilities and performance of such duties.
43.01 The Institute and the Employer recognize the right of
employees to work in an environment free from sexual harassment and agree that sexual
harassment will not be tolerated in the work place.
43.02
- Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
- If by reason of paragraph 43.02(a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
43.03 By mutual agreement, the parties may use a mediator in
an attempt to settle a grievance dealing with sexual harassment. The selection of
the mediator will be by mutual agreement.
44.01 There shall be no discrimination, interference, restriction,
coercion, harassment, intimidation, or any disciplinary action exercised or practised
with respect to an employee by reason of age, race, creed, colour, national or ethnic
origin, religious affiliation, sex, sexual orientation, family status, marital status,
mental or physical disability, conviction for which a pardon has been granted or
membership or activity in the Institute.
44.02
- Any level in the grievance procedure shall be waived if a person hearing
the grievance is the subject of the complaint.
- If by reason of paragraph 44.02(a) a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
44.03 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.
45.01 Except as provided in clauses 45.01 to 45.07 inclusive,
and the Notes to Appendix A of this Agreement, the terms and conditions governing
the application of pay to employees are not affected by this Agreement.
45.02 An employee is entitled to be paid for services rendered
at:
- the pay specified in Appendix A for the classification of the position to
which the employee is appointed, if the classification coincides with that prescribed
in the employee's certificate of appointment,
or
- the pay specified in Appendix A for the classification prescribed in the
employee's certificate of appointment, if that classification and the classification
of the position to which the employee is appointed do not coincide.
45.03 The rates of pay set forth in Appendix A shall become
effective on the date specified therein.
45.04 Only rates of pay and compensation for overtime which
has been paid to an employee 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 employee.
45.05 Pay Administration
When two (2) or more of the following actions occur on the same date, namely
appointment, pay increment, pay revision, the employee's rate of pay shall be calculated
in the following sequence:
- the employee shall receive the pay increment;
- the employee's rate of pay shall be revised;
- the employee's rate of pay on appointment shall be established in accordance
with this Agreement.
45.06 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 shall apply to employees,
former employees or in the case of death, the estates of former employees who
were employees in the groups identified in Article 1 of this Agreement 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 Public Service Terms and Conditions of Employment Regulations,
using the revised rates of pay. If the recalculated rate of pay is less than
the rate of pay the employee 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 45.05(b)
for one dollar ($1.00) or less.
45.07 Acting Pay
This clause does not apply to employees classified as DS.
When an employee is required by the Employer to substantially perform the duties
of a higher classification level on an acting basis for the required number of consecutive
working days, the employee shall be paid acting pay calculated from the date on
which the employee commenced to act as if the employee had been appointed to that
higher classification level for the acting period in which the employee acts.
When a day designated as a paid holiday occurs during the qualifying period,
the holiday shall be considered as a day worked for the purpose of the qualifying
period.
- The required number of consecutive working days referred to in clause 45.07
is as follows:
- five (5) consecutive working days for employees classified as HR;
- five (5) consecutive working days for employees classified as MA;
- For employees classified as SE, the wording of clause 45.07 does not apply.
In its place the following applies:
- When an employee is required by the Employer to substantially perform the duties
of a position of a higher classification level, other than one classified as SE-RES,
on an acting basis, for a period of at least five (5) consecutive days the employee
shall be paid acting pay calculated from the date on which the employee commenced
to act as if the employee had been appointed to that higher classification level
for the period in which the employee acts. When a day designated as a paid holiday
occurs during the qualifying period, the holiday shall be considered as a day worked
for the purpose of the qualifying period.
46.01 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.
**
47.01 The duration of this Collective Agreement shall be from
the date it is signed to September 30, 2010.
47.02 Unless otherwise expressly stipulated, the provisions
of this Collective Agreement shall become effective on the date it is signed.
47.03 The provisions of this Collective Agreement shall be implemented
by the parties within a period of one hundred and twenty (120) days from the date
of its execution.
Signed at Ottawa, this 5th day of the month of June 2009.
The Treasury Board of Canada
Hélène Laurendeau
Josée Lefebvre
John Park
David Dolson
John Marrone
Robert McIntosh
Terence Shortt
Malcolm Vant
Gary Whitfield
The Professional Institute of the Public Service of Canada
Hélène Rogers
Humayoun Akhtar
Abraham Jesion
Thomas Ollevier
Brian Beaven
Peter Hoyt
Rajeshwar Utkhede
Abul Ekramoddoullah
Joseph Daka
Linnell Edwards
Lorraine Gadoury
Harold Mantel
Denise Doherty-Delorme
Michel Gingras
Table Legend
- $) Effective October 1, 2005
- A) Effective October 1, 2006
- B) Effective October 1, 2007
- C) Effective October 1, 2008
- D) Effective October 1, 2009 (Arbitral Award - March 23, 2009)
HR-1 - Annual Rates
of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) October 1, 2005 |
24742 |
to |
43364* |
45076 |
46843 |
48610 |
50381 |
A) October 1, 2006 |
25361 |
to |
44448* |
46203 |
48014 |
49825 |
51641 |
B) October 1, 2007 |
25944 |
to |
45470* |
47266 |
49118 |
50971 |
52829 |
C) October 1, 2008 |
26333 |
to |
46152* |
47975 |
49855 |
51736 |
53621 |
D) October 1, 2009 |
26728 |
to |
46844* |
48695 |
50603 |
52512 |
54425 |
* (with intermediate steps of $10)
HR-2 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) October 1, 2005 |
50866 |
52783 |
54708 |
56632 |
A) October 1, 2006 |
52138 |
54103 |
56076 |
58048 |
B) October 1, 2007 |
53337 |
55347 |
57366 |
59383 |
C) October 1, 2008 |
54137 |
56177 |
58226 |
60274 |
D) October 1, 2009 |
54949 |
57020 |
59099 |
61178 |
HR-3 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) October 1, 2005 |
58705 |
60921 |
63143 |
65362 |
A) October 1, 2006 |
60173 |
62444 |
64722 |
66996 |
B) October 1, 2007 |
61557 |
63880 |
66211 |
68537 |
C) October 1, 2008 |
62480 |
64838 |
67204 |
69565 |
D) October 1, 2009 |
63417 |
65811 |
68212 |
70608 |
HR-4 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) October 1, 2005 |
68818 |
71502 |
74185 |
76864 |
A) October 1, 2006 |
70538 |
73290 |
76040 |
78786 |
B) October 1, 2007 |
72160 |
74976 |
77789 |
80598 |
C) October 1, 2008 |
73242 |
76101 |
78956 |
81807 |
D) October 1, 2009 |
74341 |
77243 |
80140 |
83034 |
HR-5 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) October 1, 2005 |
74578 |
78594 |
82613 |
86631 |
A) October 1, 2006 |
76442 |
80559 |
84678 |
88797 |
B) October 1, 2007 |
78200 |
82412 |
86626 |
90839 |
C) October 1, 2008 |
79373 |
83648 |
87925 |
92202 |
D) October 1, 2009 |
80564 |
84903 |
89244 |
93585 |
Pay Notes
Pay Increment
- The pay increment period for all employees, other than those
paid in that part of the HR-1 scale of rates identified by ten dollar
($10) intermediate steps, is fifty-two (52) weeks and a pay increment
shall be to the next rate in the scale of rates.
- For all employees paid in that part of the HR-1 scale of rates
identified by ten-dollar ($10) intermediate steps, the pay increment
period is twenty-six (26) weeks and a pay increment shall be three hundred
dollars ($300), or such higher amount that the Employer may determine,
provided that the last rate in that part of the scale of rates identified
by ten-dollar ($10) intermediate steps is not exceeded.
Pay Adjustment Administration
**
- Except in the case of employees being paid in that part of the
HR-1 scale of rates identified by ten-dollar ($10) intermediate steps,
and subject to note 8, an employee shall be paid effective October 1,
2006, in the "A" scale of rates at the rate shown immediately below
his former rate.
**
- An employee being paid in that part of the HR-1 scale of rates
identified by ten-dollar ($10) intermediate steps shall be paid, effective
October 1, 2006, in the "A" scale of rates of pay, at a rate that is
two decimal five per cent (2.5 %) higher than his former rate, rounded
to the nearest ten dollars ($10), provided that the last step in the
ten-dollar ($10) step part of the scale is not exceeded.
**
- An employee being paid in that part of the HR-1 scale of rates
identified by ten-dollar ($10) intermediate steps shall be paid, effective
October 1, 2007, in the "B" scale of rates of pay, at a rate that is
two decimal three per cent (2.3 %) higher than his former rate, rounded
to the nearest ten dollars ($10), provided that the last step in the
ten-dollar ($10) step part of the scale is not exceeded.
**
- An employee being paid in that part of the HR-1 scale of rates
identified by ten-dollar ($10) intermediate steps shall be paid, effective
October 1, 2008, in the "C" scale of rates of pay, at a rate that is
one decimal five per cent (1.5 %) higher than his former rate, rounded
to the nearest ten-dollars ($10), provided that the last step in the
ten-dollar ($10) step part of the scale is not exceeded.
**
- An employee being paid in that part of the HR-1 scale of rates
identified by ten-dollar ($10) intermediate steps shall be paid, effective
October 1, 2009, in the "D" scale of rates of pay, at a rate that is
one decimal five per cent (1.5 %) higher than his former rate, rounded
to the nearest ten-dollars ($10), provided that the last step in the
ten-dollar ($10) step part of the scale is not exceeded.
**
- Notwithstanding Pay Note 3, where in the retroactive period,
an employee, other than one to whom Pay Notes 4, 5 and 6 apply, was
paid on initial appointment at a rate of pay above the minimum, or was
promoted or transferred and paid at a rate of pay above the rate specified
by the regulations for promotion or transfer, he shall be paid in the
new scale of rates at the rate shown immediately below his former rate,
unless he was otherwise informed in writing prior to his appointment
that a negotiated pay increase would not apply to him, in which case
he shall be paid at the rate of pay nearest to but not less than the
rate of pay at which he was appointed.
- An increase from that part of the HR-1 scale identified by ten-dollar
($10) intermediate steps in the fixed incremental part of the scale
shall take place on the date on which the Employer certifies that the
employee should be paid at that rate.
- Every employee being paid in that part of the HR-1 scale identified
by ten-dollar ($10) intermediate steps will have his performance reviewed
by the Employer within two (2) years of his appointment to that part
of the scale with a view to ascertaining whether the employee should
be paid at the first (1st) step in the fixed incremental part of the
scale. On the basis of this review, the Employer will decide whether
to certify that the employee should be paid at that point in time at
the first (1st) step in that part of the scale. An employee who continues
to be paid in that part of the scale identified by ten-dollar ($10)
intermediate steps after the second (2nd) anniversary of his appointment
will have his performance reviewed at least annually thereafter.
- The pay increment date for an employee, appointed to a position
in the bargaining unit on promotion, demotion or from outside the public
service after the date of signing of this Agreement, shall be the first
(1st) Monday following the pay increment period specified in the pay
notes as calculated from the date of the promotion, demotion or appointment
from outside the public service.
Table Legend
- $) Effective October 1, 2005
- A) Effective October 1, 2006
- B) Effective October 1, 2007
- C) Effective October 1, 2008
- D) Effective October 1, 2009 (Arbitral Award - March 23, 2009)
MA-1 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) October 1, 2005 |
26363 |
to |
45221 |
A) October 1, 2006 |
27022 |
to |
46352 |
B) October 1, 2007 |
27644 |
to |
47418 |
C) October 1, 2008 |
28059 |
to |
48129 |
D) October 1, 2009 |
28480 |
to |
48851 |
MA-2 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
$) October 1, 2005 |
46292 |
47610 |
48923 |
50325 |
51971 |
53591 |
A) October 1, 2006 |
47449 |
48800 |
50146 |
51583 |
53270 |
54931 |
B) October 1, 2007 |
48540 |
49922 |
51299 |
52769 |
54495 |
56194 |
C) October 1, 2008 |
49268 |
50671 |
52068 |
53561 |
55312 |
57037 |
D) October 1, 2009 |
50007 |
51431 |
52849 |
54364 |
56142 |
57893 |
MA-3 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) October 1, 2005 |
56356 |
58300 |
60249 |
62213 |
64179 |
A) October 1, 2006 |
57765 |
59758 |
61755 |
63768 |
65783 |
B) October 1, 2007 |
59094 |
61132 |
63175 |
65235 |
67296 |
C) October 1, 2008 |
59980 |
62049 |
64123 |
66214 |
68305 |
D) October 1, 2009 |
60880 |
62980 |
65085 |
67207 |
69330 |
MA-4 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) October 1, 2005 |
67295 |
69289 |
71481 |
73679 |
75867 |
A) October 1, 2006 |
68977 |
71021 |
73268 |
75521 |
77764 |
B) October 1, 2007 |
70563 |
72654 |
74953 |
77258 |
79553 |
C) October 1, 2008 |
71621 |
73744 |
76077 |
78417 |
80746 |
D) October 1, 2009 |
72695 |
74850 |
77218 |
79593 |
81957 |
MA-5 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) October 1, 2005 |
78835 |
81035 |
83801 |
86533 |
A) October 1, 2006 |
80806 |
83061 |
85896 |
88696 |
B) October 1, 2007 |
82665 |
84971 |
87872 |
90736 |
C) October 1, 2008 |
83905 |
86246 |
89190 |
92097 |
D) October 1, 2009 |
85164 |
87540 |
90528 |
93478 |
MA-6 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) October 1, 2005 |
87822 |
90602 |
93261 |
95846 |
A) October 1, 2006 |
90018 |
92867 |
95593 |
98242 |
B) October 1, 2007 |
92088 |
95003 |
97792 |
100502 |
C) October 1, 2008 |
93469 |
96428 |
99259 |
102010 |
D) October 1, 2009 |
94871 |
97874 |
100748 |
103540 |
MA-7 - Annual
Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
$) October 1, 2005 |
94833 |
97416 |
99997 |
102593 |
A) October 1, 2006 |
97204 |
99851 |
102497 |
105158 |
B) October 1, 2007 |
99440 |
102148 |
104854 |
107577 |
C) October 1, 2008 |
100932 |
103680 |
106427 |
109191 |
D) October 1, 2009 |
102446 |
105235 |
108023 |
110829 |
Pay Notes
Pay Increment
- The pay increment period for all employees in the MA-1 level
is six (6) months, and the minimum pay increase shall be three hundred
dollars ($300) or such higher amount that the Employer may determine,
or if there is no such step, to the maximum of the pay range.
- For all employees other than MA-1, the pay increment period is
twelve (12) months. The pay increment shall be to the next higher rate
in the pay range.
Pay Adjustment Administration
- All employees other than MA-1, shall be paid in the (A) range
of rates at the rate shown immediately below their former rate on the
relevant adjustment dates.
**
- All employees paid as MA-1, shall effective October 1, 2006,
be paid in the (A) range of rates at the rate that is nearest to their
former rate increased by two decimal five per cent (2.5 %) provided
that the maximum rate is not exceeded.
**
- All employees paid as MA-1, shall effective October 1, 2007,
be paid in the (B) range of rates at the rate that is nearest to their
former rate increased by two decimal three per cent (2.3 %) provided
that the maximum rate is not exceeded.
**
- All employees paid as MA-1, shall effective October 1, 2008,
be paid in the (C) range of rates at the rate that is nearest to their
former rate increased by one decimal five per cent (1.5 %) provided
that the maximum rate is not exceeded.
**
- All employees paid as MA-1, shall effective October 1, 2009,
be paid in the (D) range of rates at the rate that is nearest to their
former rate increased by one decimal five per cent (1.5 %) provided
that the maximum rate is not exceeded.
Appointment Above the Minimum
**
- Notwithstanding Pay Notes 3 to 6, where in the retroactive period,
an employee was paid on initial appointment at a rate of pay above the
minimum, or was promoted or transferred and paid at a rate of pay above
the rate specified by the regulations for promotion or transfer, he
shall be paid in the new scale of rates at the rate shown immediately
below his former rate, unless he was otherwise informed in writing prior
to his appointment that a negotiated pay increase would not apply to
him, in which case he shall be paid at the rate of pay nearest to but
not less than the rate of pay at which he was appointed.
- The pay increment date for an employee, appointed on or after
December 23, 1980, to a position in the bargaining unit upon promotion,
demotion or from outside the public service, shall be the anniversary
date of such appointment. The anniversary date for an employee who was
appointed to a position in the bargaining unit prior to December 23,
1980 remains unchanged.
Table Legend
- $) Effective October 1, 2005
- A) Effective October 1, 2006
- B) Effective October 1, 2007
- C) Effective October 1, 2008
- D) Effective October 1, 2009 (Arbitral Award - March 23, 2009)
Subgroup: Research Scientist
SE-RES-1
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) October 1, 2005 |
46025 |
48446 |
50867 |
53291 |
55712 |
58129 |
60554 |
A) October 1, 2006 |
47176 |
49657 |
52139 |
54623 |
57105 |
59582 |
62068 |
B) October 1, 2007 |
48261 |
50799 |
53338 |
55879 |
58418 |
60952 |
63496 |
C) October 1, 2008 |
48985 |
51561 |
54138 |
56717 |
59294 |
61866 |
64448 |
D) October 1, 2009 |
49720 |
52334 |
54950 |
57568 |
60183 |
62794 |
65415 |
SE-RES-2
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) October 1, 2005 |
57150 |
60707
|
64265
|
67824
|
71381
|
74937
|
78497 |
82056 |
85607 |
A) October 1, 2006 |
58579 |
62225
|
65872
|
69520
|
73166
|
76810
|
80459 |
84107 |
87747 |
B) October 1, 2007 |
59926 |
63656
|
67387
|
71119
|
74849
|
78577
|
82310 |
86041 |
89765 |
C) October 1, 2008 |
60825 |
64611
|
68398
|
72186
|
75972
|
79756
|
83545 |
87332 |
91111 |
D) October 1, 2009 |
61737 |
65580
|
69424
|
73269
|
77112
|
80952
|
84798 |
88642 |
92478 |
SE-RES-3
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) October 1, 2005 |
72222 |
75074 |
77924 |
80772 |
83624 |
86476 |
89327 |
92176 |
95027 |
A) October 1, 2006 |
74028 |
76951 |
79872 |
82791 |
85715 |
88638 |
91560 |
94480 |
97403 |
B) October 1, 2007 |
75731 |
78721 |
81709 |
84695 |
87686 |
90677 |
93666 |
96653 |
99643 |
C) October 1, 2008 |
76867 |
79902 |
82935 |
85965 |
89001 |
92037 |
95071 |
98103 |
101138 |
D) October 1, 2009 |
78020 |
81101 |
84179 |
87254 |
90336 |
93418 |
96497 |
99575 |
102655 |
SE-RES-4
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) October 1, 2005 |
86494 |
89660 |
92824 |
95987 |
99153 |
102316 |
105480 |
A) October 1, 2006 |
88656 |
91902 |
95145 |
98387 |
101632 |
104874 |
108117 |
B) October 1, 2007 |
90695 |
94016 |
97333 |
100650 |
103970 |
107286 |
110604 |
C) October 1, 2008 |
92055 |
95426 |
98793 |
102160 |
105530 |
108895 |
112263 |
D) October 1, 2009 |
93436 |
96857 |
100275 |
103692 |
107113 |
110528 |
113947 |
SE-RES-5
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) October 1, 2005 |
94705 |
98171 |
101637 |
105102 |
108569 |
112034 |
115501 |
A) October 1, 2006 |
97073 |
100625 |
104178 |
107730 |
111283 |
114835 |
118389 |
B) October 1, 2007 |
99306 |
102939 |
106574 |
110208 |
113843 |
117476 |
121112 |
C) October 1, 2008 |
100796 |
104483 |
108173 |
111861 |
115551 |
119238 |
122929 |
D) October 1, 2009 |
102308 |
106050 |
109796 |
113539 |
117284 |
121027 |
124773 |
Subgroup: Research Manager
SE-REM-1
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) October 1, 2005 |
73686 |
76539 |
79390 |
82239 |
85090 |
87942 |
90790 |
93642 |
96493 |
A) October 1, 2006 |
75528 |
78452 |
81375 |
84295 |
87217 |
90141 |
93060 |
95983 |
98905 |
B) October 1, 2007 |
77265 |
80256 |
83247 |
86234 |
89223 |
92214 |
95200 |
98191 |
101180 |
C) October 1, 2008 |
78424 |
81460 |
84496 |
87528 |
90561 |
93597 |
96628 |
99664 |
102698 |
D) October 1, 2009 |
79600 |
82682 |
85763 |
88841 |
91919 |
95001 |
98077 |
101159 |
104238 |
SE-REM-2
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) October 1, 2005 |
84967 |
87845 |
90729 |
93611 |
96493 |
99373 |
102255 |
105135 |
108017 |
A) October 1, 2006 |
87091 |
90041 |
92997 |
95951 |
98905 |
101857 |
104811 |
107763 |
110717 |
B) October 1, 2007 |
89094 |
92112 |
95136 |
98158 |
101180 |
104200 |
107222 |
110242 |
113263 |
C) October 1, 2008 |
90430 |
93494 |
96563 |
99630 |
102698 |
105763 |
108830 |
111896 |
114962 |
D) October 1, 2009 |
91786 |
94896 |
98011 |
101124 |
104238 |
107349 |
110462 |
113574 |
116686 |
Pay Notes
Pay Increment
- The pay increment period for all employees is twelve
(12) months and the pay increment date is April 1. A pay increment
shall be to the next higher rate in the scale of rates.
-
- Notwithstanding Pay Note 1, an employee who is initially
appointed from outside the public service or is promoted into
the Scientific Research classification or promoted between the
RES and REM classifications shall be considered for a first
(1st) pay increment on the first (1st) of April immediately
following the employee's date of appointment, provided:
- the employee's appointment date was on or before the
preceding October 1,
and
- the employee has earned at least six (6) complete months'
pay.
- Notwithstanding Pay Note 1, an employee who is transferred
to the Scientific Research classification shall be considered
for a first (1st) pay increment on the first (1st) of April
immediately following the employee's date of appointment, provided
the employee did not receive an increment in his former classification
since the preceding October 1.
- If an employee does not meet the requirements in (a)
or (b) above, the employee shall not be eligible for a first
(1st) pay increment until the next following increment date
of April 1.
- A complete month, for the purpose of this clause, is
one in which the employee has earned at least ten (10) days'
pay.
Pay Adjustment Administration
- An employee shall, on the relevant effective date of
adjustment to rates of pay, be paid in the (A) scale of rates
at the rate shown immediately below his former rate.
- Notwithstanding Pay Note 3, where in the retroactive
period, an employee was paid on initial appointment at a rate
of pay above the minimum, or was promoted or transferred and
paid at a rate of pay above the rate specified by the regulations
for promotion or transfer, he shall be paid in the new scale
of rates at the rate shown immediately below his former rate,
unless he was otherwise informed in writing prior to his appointment
that a negotiated pay increase would not apply to him, in which
case he shall be paid at the rate of pay nearest to but not
less than the rate of pay at which he was appointed.
Table Legend
- $) Effective October 1, 2005
- A) Effective October 1, 2006
- B) Effective October 1, 2007
- C) Effective October 1, 2008
- D) Effective October 1, 2009 (Arbitral Award - March
23, 2009)
DS-1
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) October 1, 2005 |
30305 |
to |
46257 |
A) October 1, 2006 |
31063 |
to |
47413 |
B) October 1, 2007 |
31777 |
to |
48503 |
C) October 1, 2008 |
32254 |
to |
49231 |
D) October 1, 2009 |
32738 |
to |
49969 |
DS-2
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
$) October 1, 2005 |
37621 |
41701 |
48058 |
49792 |
51953 |
A) October 1, 2006 |
38562 |
42744 |
49259 |
51037 |
53252 |
B) October 1, 2007 |
39449 |
43727 |
50392 |
52211 |
54477 |
C) October 1, 2008 |
40041 |
44383 |
51148 |
52994 |
55294 |
D) October 1, 2009 |
40642 |
45049 |
51915 |
53789 |
56123 |
DS-3
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) October 1, 2005 |
51953 |
54117 |
56282 |
/ |
58445 |
60612 |
/ |
62778 |
64941 |
A) October 1, 2006 |
53252 |
55470 |
57689 |
/ |
59906 |
62127 |
/ |
64347 |
66565 |
B) October 1, 2007 |
54477 |
56746 |
59016 |
/ |
61284 |
63556 |
/ |
65827 |
68096 |
C) October 1, 2008 |
55294 |
57597 |
59901 |
/ |
62203 |
64509 |
/ |
66814 |
69117 |
D) October 1, 2009 |
56123 |
58461 |
60800 |
/ |
63136 |
65477 |
/ |
67816 |
70154 |
DS-4
- Annual Rates of Pay (in dollars) - Steps 1 to 7
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) October 1, 2005 |
67929 |
69842 |
/ |
71754 |
73671 |
/ |
75580 |
A) October 1, 2006 |
69627 |
71588 |
/ |
73548 |
75513 |
/ |
77470 |
B) October 1, 2007 |
71228 |
73235 |
/ |
75240 |
77250 |
/ |
79252 |
C) October 1, 2008 |
72296 |
74334 |
/ |
76369 |
78409 |
/ |
80441 |
D) October 1, 2009 |
73380 |
75449 |
/ |
77515 |
79585 |
/ |
81648 |
DS-4
- Annual Rates of Pay (in dollars) - Steps 8 to 14
Effective Date |
Step 8 |
Step 9 |
Step 10 |
Step 11 |
Step 12 |
Step 13 |
Step 14 |
$) October 1, 2005 |
77496 |
/ |
79410 |
81318 |
// |
83238 |
/ |
A) October 1, 2006 |
79433 |
/ |
81395 |
83351 |
// |
85319 |
/ |
B) October 1, 2007 |
81260 |
/ |
83267 |
85268 |
// |
87281 |
/ |
C) October 1, 2008 |
82479 |
/ |
84516 |
86547 |
// |
88590 |
/ |
D) October 1, 2009 |
83716 |
/ |
85784 |
87845 |
// |
89919 |
/ |
DS-4
- Annual Rates of Pay (in dollars) - Steps 15 to 21
Effective Date |
Step 15 |
Step 16 |
Step 17 |
Step 18 |
Step 19 |
Step 20 |
Step 21 |
$) October 1, 2005 |
85147 |
/ |
87063 |
/ |
88976 |
/ |
90890 |
A) October 1, 2006 |
87276 |
/ |
89240 |
/ |
91200 |
/ |
93162 |
B) October 1, 2007 |
89283 |
/ |
91293 |
/ |
93298 |
/ |
95305 |
C) October 1, 2008 |
90622 |
/ |
92662 |
/ |
94697 |
/ |
96735 |
D) October 1, 2009 |
91981 |
/ |
94052 |
/ |
96117 |
/ |
98186 |
DS-5
- Annual Rates of Pay (in dollars) - Steps 1 to 10
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
Step 10 |
$) October 1, 2005 |
83639 |
/ |
85788 |
/ |
87940 |
/ |
90088 |
/ |
92239 |
/ |
A) October 1, 2006 |
85730 |
/ |
87933 |
/ |
90139 |
/ |
92340 |
/ |
94545 |
/ |
B) October 1, 2007 |
87702 |
/ |
89955 |
/ |
92212 |
/ |
94464 |
/ |
96720 |
/ |
C) October 1, 2008 |
89018 |
/ |
91304 |
/ |
93595 |
/ |
95881 |
/ |
98171 |
/ |
D) October 1, 2009 |
90353 |
/ |
92674 |
/ |
94999 |
/ |
97319 |
/ |
99644 |
/ |
DS-5
- Annual Rates of Pay (in dollars) - Steps 11 to 19
Effective Date |
Step 11 |
Step 12 |
Step 13 |
Step 14 |
Step 15 |
Step 16 |
Step 17 |
Step 18 |
Step 19 |
$) October 1, 2005 |
94390 |
/ |
96789 |
/ |
99168 |
// |
101509 |
/ |
103849 |
A) October 1, 2006 |
96750 |
/ |
99209 |
/ |
101647 |
// |
104047 |
/ |
106445 |
B) October 1, 2007 |
98975 |
/ |
101491 |
/ |
103985 |
// |
106440 |
/ |
108893 |
C) October 1, 2008 |
100460 |
/ |
103013 |
/ |
105545 |
// |
108037 |
/ |
110526 |
D) October 1, 2009 |
101967 |
/ |
104558 |
/ |
107128 |
// |
109658 |
/ |
112184 |
DS-6
- Annual Rates of Pay (in dollars) - Steps 1 to 6
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
$) October 1, 2005 |
97229 |
/ |
99619 |
/ |
102013 |
/ |
A) October 1, 2006 |
99660 |
/ |
102109 |
/ |
104563 |
/ |
B) October 1, 2007 |
101952 |
/ |
104458 |
/ |
106968 |
/ |
C) October 1, 2008 |
103481 |
/ |
106025 |
/ |
108573 |
/ |
D) October 1, 2009 |
105033 |
/ |
107615 |
/ |
110202 |
/ |
DS-6
- Annual Rates of Pay (in dollars) - Steps 7 to 13
Effective Date |
Step 7 |
Step 8 |
Strep 9 |
Step 10 |
Step 11 |
Step 12 |
Step 13 |
$) October 1, 2005 |
104406 |
/ |
106801 |
109188 |
/ |
111579 |
/ |
A) October 1, 2006 |
107016 |
/ |
109471 |
111918 |
/ |
114368 |
/ |
B) October 1, 2007 |
109477 |
/ |
111989 |
114492 |
/ |
116998 |
/ |
C) October 1, 2008 |
111119 |
/ |
113669 |
116209 |
/ |
118753 |
/ |
D) October 1, 2009 |
112786 |
/ |
115374 |
117952
|
/ |
120534 |
/ |
DS-7
- Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) October 1, 2005 |
106555 |
/ |
108950 |
/ |
111345 |
/ |
113740 |
/ |
116135 |
A) October 1, 2006 |
109219 |
/ |
111674 |
/ |
114129 |
/ |
116584 |
/ |
119038 |
B) October 1, 2007 |
111731 |
/ |
114243 |
/ |
116754 |
/ |
119265 |
/ |
121776 |
C) October 1, 2008 |
113407 |
/ |
115957 |
/ |
118505 |
/ |
121054 |
/ |
123603 |
D) October 1, 2009 |
115108 |
/ |
117696 |
/ |
120283 |
/ |
122870 |
/ |
125457 |
Pay Notes
**
- Effective October 1, 2006, an employee shall be paid
in the "A" scale of rates at the rate shown immediately below
the employee's former rate, except that an employee paid in
the DS-1 scale of rates shall be paid, effective October 1,
2006, at a rate that is two decimal five per cent (2.5 %) higher
than his former rate providing that the maximum rate in the
DS-1 scale of rates is not exceeded.
**
- Effective October 1, 2007, an employee shall be paid
in the "B" scale of rates at the rate shown immediately below
the employee's former rate, except that an employee paid in
the DS-1 scale of rates shall be paid, effective October 1,
2007, at a rate that is two decimal three per cent (2.3 %) higher
than his former rate providing that the maximum rate in the
DS-1 scale of rates is not exceeded.
**
- Effective October 1, 2008, an employee shall be paid
in the "C" scale of rates at the rate shown immediately below
the employee's former rate, except that an employee paid in
the DS-1 scale of rates shall be paid, effective October 1,
2008, at a rate that is one decimal five per cent (1.5 %) higher
than his former rate providing that the maximum rate in the
DS-1 scale of rates is not exceeded.
**
- Effective October 1, 2009, an employee shall be paid
in the "D" scale of rates at the rate shown immediately below
the employee's former rate, except that an employee paid in
the DS-1 scale of rates shall be paid, effective October 1,
2009, at a rate that is one decimal five per cent (1.5 %) higher
than his former rate providing that the maximum rate in the
DS-1 scale of rates is not exceeded.
- Subject to the provisions of Article 45 and Appendix
A, the Defence Scientific Service Pay Plan which does not form
part of this Collective Agreement, governs the application of
pay to employees in this bargaining unit. To the extent that
this Plan modifies existing terms and conditions governing the
application of pay in this bargaining unit, the Defence Scientific
Service Pay Plan shall apply. The Employer agrees to consult
with the Institute at least two (2) months before making any
changes to the Defence Scientific Service Pay Plan which was
introduced on March 13, 1980.
- Subject to Pay Notes 7 and 8, the pay increment dates
for all employees is April 1.
- The first (1st) pay increment consideration in the case
of an employee who is initially appointed to the DS classification
shall become due on the increment date immediately following
his date of appointment provided that the employee has earned
at least twenty-six 26 weeks' pay immediately prior to the increment
date if he is entitled to annual increment consideration on
April 1.
If an employee does not meet the requirements above, he shall
not be eligible for his first (1st) pay increment consideration
until the next following applicable increment date of April
1.
- Subject to pay note 7:
- Employees at all DS levels are entitled to consideration
for a pay increment effective each April 1.
- An employee may have a pay increment withheld, be delayed
at a barrier, be granted a single increment or granted multiple
increments pursuant to the Defence Scientific Service Pay Plan.
- On promotion, an employee shall be paid a rate of pay
that provides for an increase in salary that is at least equal
to the lowest pay increment for the level to which the employee
is promoted.
- Notwithstanding Pay Notes 1, 2, 3 and 9, where in the
retroactive period an employee was paid on initial appointment
at a rate of pay above the minimum, or was promoted or transferred
and paid at a rate of pay above the rate specified by the regulations
for promotion or transfer, he shall be paid in the new scale
of rates at the rate shown immediately below his former rate,
unless he was otherwise informed in writing prior to his appointment
that a negotiated pay increase would not apply to him, in which
case he shall be paid at the rate of pay nearest to but not
less than the rate of pay at which he was appointed.
Preamble
In an effort to reduce retention and recruitment problems,
the Employer will provide an allowance to incumbents of specific
positions for the performance of duties in the Research Group.
Eligibility
The following employees shall be entitled to a terminable
allowance as shown in note 1:
- employees at Communications Research Centre Canada who
are incumbents of positions classified at the SE-RES-1 through
SE-RES-5, SE-REM-01, SE-REM-02 levels;
- employees who are incumbents of positions classified as
DS.
Application
**
- Commencing on October 1, 2006, and ending September 30,
2010, incumbents of positions identified above shall be eligible
to receive a terminable allowance in the annualized amount of
eight thousand five hundred dollars ($8,500) to be paid biweekly,
subject to the following conditions:
- The terminable allowance specified above does not
form part of an employee's salary.
- The terminable allowance shall not be paid to or
in respect of a person who ceased to be a member of the
bargaining unit prior to the date of signing of this Agreement.
- Part-time employees shall be entitled to the terminable
allowance prorated in accordance with their assigned work
week.
- The parties agree that disputes arising from the application
of this Memorandum of Understanding may be subject to consultation.
- This Memorandum of Understanding expires on September
30, 2010.
Signed at Ottawa, this 5th day of the month of June 2009.
The Treasury Board of Canada
Hélène Laurendeau
Josée Lefebvre
The Professional Institute of the Public Service
of Canada
Hélène Rogers
Michel Gingras
Preamble
In an effort to reduce retention and recruitment problems,
the Employer will provide an allowance to incumbents of specific
positions for the performance of duties in the Research Group.
Eligibility
The following employees shall be entitled to a terminable
allowance as shown in note 1:
- employees who are incumbents of positions classified at
the HR-1 through HR-5 levels;
Application
**
- Commencing on October 1, 2006, and ending September 30,
2010, incumbents of positions identified above shall be eligible
to receive a terminable allowance in the annualized amount of
four thousand dollars ($4,000) to be paid biweekly, subject
to the following conditions:
- The terminable allowance specified above does not
form part of an employee's salary.
- The terminable allowance shall not be paid to or
in respect of a person who ceased to be a member of the
bargaining unit prior to the date of signing of this Agreement.
- Part-time employees shall be entitled to the terminable
allowance prorated in accordance with their assigned work
week.
- The parties agree that disputes arising from the application
of this Memorandum of Understanding may be subject to consultation.
- This Memorandum of Understanding expires on September
30, 2010.
Signed at Ottawa, this 5th day of the month of June 2009.
The Treasury Board of Canada
Hélène Laurendeau
Josée Lefebvre
The Professional Institute of the Public Service
of Canada
Hélène Rogers
Michel Gingras
General
- This Memorandum of Understanding sets out conditions of
employment respecting pay upon reclassification for all employees
whose bargaining agent is the Professional Institute of the
Public Service of Canada.
- This Memorandum of Understanding shall remain in effect
until amended or cancelled by mutual consent of the parties.
- This Memorandum of Understanding supersedes the Regulations
respecting Pay on Reclassification or Conversion where the Regulations
are inconsistent with the Memorandum of Understanding.
- Where the provisions of any collective agreement differ
from those set out in the Memorandum of Understanding, the conditions
set out in the Memorandum of Understanding shall prevail.
- This Memorandum of Understanding will form part of all
collective agreements to which the Professional Institute of
the Public Service of Canada and Treasury Board are parties,
with effect from
December 13, 1981.
Part I
Part I of this Memorandum of Understanding shall apply to
the incumbents of positions which will be reclassified to a
group and/or level having a lower attainable maximum rate of
pay after the date this Memorandum of Understanding becomes
effective.
Note: The term "attainable maximum rate of pay" means the
rate attainable for fully satisfactory performance in the case
of levels covered by a performance pay plan or the maximum salary
rate in the case of all other groups and levels.
- Prior to a position being reclassified to a group and/or
level having a lower attainable maximum rate of pay, the incumbent
shall be notified in writing.
- Downward reclassification notwithstanding, an encumbered
position shall be deemed to have retained for all purposes the
former group and level. In respect to the pay of the incumbent,
this may be cited as Salary Protection Status and subject to
section 3(b) below shall apply until the position is vacated
or the attainable maximum of the reclassified level, as revised
from time to time, becomes greater than that applicable, as
revised from time to time, to the former classification level.
Determination of the attainable maxima rates of pay shall be
in accordance with the Retroactive Remuneration Regulations.
-
- The Employer will make a reasonable effort to transfer
the incumbent to a position having a level equivalent to that
of the former group and/or level of the position.
- In the event that an incumbent declines an offer of transfer
to a position as in (a) above in the same geographic area, without
good and sufficient reason, that incumbent shall be immediately
paid at the rate of pay for the reclassified position.
- Employees subject to section 3, will be considered to
have transferred (as defined in the Public Service Terms and
Conditions of Employment Regulations) for the purpose of determining
increment dates and rates of pay.
Part II
Part II of this Memorandum of Understanding shall apply to
incumbents of positions who are in holding rates of pay on the
date this Memorandum of Understanding becomes effective.
- An employee whose position has been downgraded prior
to the implementation of this memorandum and is being paid at
a holding rate of pay on the effective date of an economic increase
and continues to be paid at that rate on the date immediately
prior to the effective date of a further economic increase,
shall receive a lump sum payment equal to 100 per cent of the
economic increase for the employee's former group and level
(or where a performance pay plan applied to the incumbent, the
adjustment to the attainable maximum rate of pay) calculated
on his annual rate of pay.
- An employee who is paid at a holding rate on the effective
date of an economic increase, but who is removed from that holding
rate prior to the effective date of a further economic increase
by an amount less than he would have received by the application
of paragraph 1 of Part II, shall receive a lump sum payment
equal to the difference between the amount equal to the difference
between the amount calculated by the application of paragraph
1 of Part II and any increase in pay resulting from his removal
from the holding rate.
Signed at Ottawa, this 21st day of the month of July 1982.
Table of Contents
Application
This Appendix applies to all employees.
Unless explicitly specified, the provisions contained in
Parts I to VI do not apply to alternative delivery initiatives.
Collective agreement
With the exception of those provisions for which the Public
Service Commission (PSC) is responsible, this Appendix is part
of this collective agreement.
Objectives
It is the policy of the Treasury Board to maximise employment
opportunities for indeterminate employees affected by workforce
adjustment situations, primarily through ensuring that, wherever
possible, alternative employment opportunities are provided
to them. This should not be construed as the continuation of
a specific position or job but rather as continued employment.
To this end, every indeterminate employee whose services
will no longer be required because of a workforce adjustment
situation and for whom the deputy head knows or can predict
employment availability will receive a guarantee of a reasonable
job offer within the Core Public Administration. Those employees
for whom the deputy head cannot provide the guarantee will have
access to transitional employment arrangements (as per Part
VI and VII).
Definitions
- Accelerated lay-off (mise
en disponibilité accélérée)
- occurs when a surplus
employee makes a request to the deputy head, in writing, to
be laid off at an earlier date than that originally scheduled,
and the deputy head concurs. Lay-off entitlements begin on the
actual date of lay-off.
- Affected employee (employé
touché)
- is an indeterminate employee who has been
informed in writing that his or her services may no longer be
required because of a workforce adjustment situation.
- Alternation (Ă©change
de postes)
- occurs when an opting employee (not
a surplus employee) who wishes to remain in the Core Public
Administration exchanges positions with a non-affected employee
(the alternate) willing to leave the Core Public Administration
with a Transition Support Measure or with an Education Allowance.
- Alternative delivery initiative (diversification
des modes de prestation des services)
- is the transfer
of any work, undertaking or business of the Core Public Administration
to any body or corporation that is a separate agency or that
is outside the Core Public Administration.
- Appointing department or organization
(ministère ou organisation d'accueil)
- is a department or organization or agency which has agreed
to appoint or consider for appointment (either immediately or
after retraining) a surplus or a laid-off person.
**
- Core Public Administration (administration
publique centrale)
- means that
part in or under any department or organization, or other portion
of the federal public administration specified in Schedules
I and IV to the Financial Administration Act (FAA)
for which the PSC has the sole authority to appoint.
- Deputy head (administrateur
général)
- has the same meaning as in the definition
of Deputy Head set out in section 2 of the Public Service
Employment Act, and also means his or her official designate.
**
- Education Allowance (indemnité
d'Ă©tude)
- is one of the options provided to an
indeterminate employee affected by normal workforce adjustment
for whom the deputy head cannot guarantee a reasonable job offer.
The Education Allowance is a cash payment, equal to the Transitional
Support Measure (see Annex "B"), plus a reimbursement of tuition
from a recognized learning institution, book and mandatory equipment
costs, up to a maximum of ten thousand dollars ($10,000).
- Guarantee of a reasonable job offer
(garantie d'une offre d'emploi
raisonnable)
- is a guarantee of an offer of indeterminate
employment within the Core Public Administration provided by
the deputy head to an indeterminate employee who is affected
by workforce adjustment. Deputy heads will be expected to provide
a guarantee of a reasonable job offer to those affected employees
for whom they know or can predict employment availability in
the Core Public Administration. Surplus employees in receipt
of this guarantee will not have access to the options available
in Part VI of this Appendix.
- Home department or organization (ministère
ou organisation d'attache)
- is a department or
organization or agency declaring an individual employee surplus.
- Laid off person (personne
mise en disponibilité)
- is a person who has been
laid off pursuant to subsection 64(1) of the PSEA, who still
retains a reappointment priority under subsection 41(4) and
section 64 of the PSEA.
- Lay-off notice (avis
de mise en disponibilité)
- is a written notice
of lay-off to be given to a surplus employee at least one (1)
month before the scheduled lay-off date. This period is included
in the surplus period.
**
- Lay-off priority (priorité
de mise en disponibilité)
- a person who has been
laid off is entitled to a priority, in accordance with subsection
41(5) of the PSEA with respect to any position to which the
Public Service Commission (PSC) is satisfied that the person
meets the essential qualifications; the period of entitlement
to this priority is one (1) year as set out in section 11 of
the Public Service Employment Regulations (PSER).
- Opting employee (employé
optant)
- is an indeterminate employee whose services
will no longer be required because of a workforce adjustment
situation and who has not received a guarantee of a reasonable
job offer from the deputy head and who has one hundred and twenty
(120) days to consider the options of Part 6.3 of this Appendix.
- Pay (rémunération)
- has the same meaning as rate of pay in the employee's
Collective Agreement.
- Priority Information Management System
(système de gestion de l'information
sur les priorités)
- is a system designed by the
PSC to facilitate appointments of individuals entitled to statutory
and regulatory priorities.
**
- Reasonable job offer (offre
d'emploi raisonnable)
- is an offer of indeterminate
employment within the Core Public Administration, normally at
an equal level but could include lower levels. Surplus employees
must be both trainable and mobile. Where possible, the search
for a reasonable job offer will be conducted as follows: 1)
within the employee's headquarters as defined in the Travel
Directive; 2) within forty kilometres (40 km) of the employee's
place of work or of the employee's residence whichever will
ensure continued employment : and 3) beyond forty kilometres
(40 km). In Alternative Delivery situations, a reasonable offer
is one that meets the criteria set out in type 1 and 2 of Part
VII of this Appendix. A reasonable job offer is also an offer
from a FAA Schedule V employer, providing that:
- The appointment is at a rate of pay and an attainable
salary maximum not less than the employee's current salary and
attainable maximum that would be in effect on the date of offer.
- It is a seamless transfer of all employee benefits including
a recognition of years of service for the definition of continuous
employment and accrual of benefits, including the transfer of
sick leave credits, severance pay and accumulated vacation leave
credits.
- Reinstatement priority (priorité
de réintégration)
- is an appointment priority accorded
by the PSC, pursuant to the Public Service Employment Regulations,
to certain individuals salary-protected under this Appendix
for the purpose of assisting such persons to re-attain an appointment
level equal to that from which they were declared surplus.
- Relocation (réinstallation)
-
- is the authorized geographic move of a surplus employee or
laid-off person from one place of duty to another place of duty,
beyond what, according to local custom, is a normal commuting
distance.
- Relocation of work unit (réinstallation
d'une unité de travail)
- is the authorized move
of a work unit of any size to a place of duty beyond what, according
to local custom, is normal commuting distance from the former
work location and from the employee's current residence.
- Retraining (recyclage)
- is on-the-job training or other training intended to enable
affected employees, surplus employees and laid-off persons to
qualify for known or anticipated vacancies within the Core Public
Administration.
- Surplus employee (employé
excédentaire)
- is an indeterminate employee who
has been formally declared surplus, in writing, by his or her
deputy head.
**
- Surplus priority (priorité
d'employé excédentaire)
- is an entitlement for
a priority in appointment accorded in accordance with section
5 of the PSER and pursuant to section 40 of the PSEA; this entitlement
is provided to surplus employees to be appointed in priority
to another position in the federal public administration for
which they meet the essential requirements.
- Surplus status (statut
d'employé excédentaire)
- An indeterminate employee
is in surplus status from the date he or she is declared surplus
until the date of lay-off, until he or she is indeterminately
appointed to another position, until his or her surplus status
is rescinded, or until the person resigns.
- Transition Support Measure (mesure
de soutien Ă la transition)
- is one of the options
provided to an opting employee for whom the deputy head cannot
guarantee a reasonable job offer. The Transition Support Measure
is a cash payment based on the employee's years of service in
the Core Public Administration, as per Annex "B".
- Twelve (12) month surplus priority period in which
to secure a reasonable job offer (Priorité
d'employé excédentaire d'une durée de douze (12) mois pour trouver
une offre d'emploi raisonnable)
- - is one of the
options provided to an opting employee for whom the deputy head
cannot guarantee a reasonable job offer.
- Workforce adjustment (réaménagement
des effectifs)
- is a situation that occurs when
a deputy head decides that the services of one or more indeterminate
employees will no longer be required beyond a specified date
because of a lack of work, the discontinuance of a function,
a relocation in which the employee does not wish to relocate
or an alternative delivery initiative.
Authorities
The PSC has endorsed those portions of this Appendix for
which it has responsibility.
Monitoring
Departments or organizations shall retain central information
on all cases occurring under this Appendix, including the reasons
for the action; the number, occupational groups and levels of
employees concerned; the dates of notice given; the number of
employees placed without retraining; the number of employees
retrained (including number of salary months used in such training);
the levels of positions to which employees are appointed and
the cost of any salary protection; and the number, types, and
amounts of lump sums paid to employees.
This information will be used by the Treasury Board Secretariat
to carry out its periodic audits.
**
References
The primary references for the subject of Workforce Adjustment
are as follows:
- Financial Administration Act
- Pay Rate Selection (Treasury Board Homepage, Organization,
Human Resource Management, Compensation and Pay Administration
- Values and Ethics Code for the Public Service, Chapter 3:
Post-Employment Measures.
- Employer regulation on promotion may be found at:
/pubs_pol/hrpubs/TBM_11A/promotion01-eng.asp
- Public Service Employment Act
- Public Service Employment Regulations
- Public Service Labour Relations Act
- Public Service Superannuation Act
- Public Service Terms and Conditions of Employment Regulations
- NJC Integrated Relocation Directive
- Travel Directive
**
Enquiries
Enquiries about this Appendix should be referred to PIPSC,
or the responsible officers in departmental or organizational
headquarters.
Responsible officers in departmental or organizational headquarters
may, in turn, direct questions on the application of this Appendix
to the Senior Director, Excluded Groups and Administrative Policies,
Labour Relations and Compensation Operations, Treasury Board
Secretariat.
Enquiries by employees pertaining to entitlements to a priority
in appointment or to their status in relation to the priority
appointment process should be directed to their departmental
or organizational human resource advisors or to the Priority
Advisor of the PSC responsible for their case.
1.1 Departments or Organizations
1.1.1 Since indeterminate employees who
are affected by workforce adjustment situations are not themselves
responsible for such situations, it is the responsibility of
departments or organizations to ensure that they are treated
equitably and, given every reasonable opportunity to continue
their careers as public service employees.
1.1.2 Departments or organizations shall
carry out effective human resource planning to minimise the
impact of workforce adjustment situations on indeterminate employees,
on the department or organization, and on the public service.
1.1.3 Departments and organizations shall
establish workforce adjustment committees, where appropriate,
to manage the workforce adjustment situations within the department
or organization, and they shall notify PIPSC of the responsible
officers who will administer this Appendix.
**
1.1.4 Departments or organizations shall,
as the home department or organization, cooperate with the PSC
and appointing departments or organizations in joint efforts
to redeploy departmental or organizational surplus employees
and laid-off persons.
1.1.5 Departments or organizations shall
establish systems to facilitate redeployment or retraining of
the department's or organization's affected employees, surplus
employees, and laid-off persons.
**
1.1.6 When a deputy head determines that
the services of an employee are no longer required beyond a
specified date due to lack of work or discontinuance of a function,
the deputy head shall advise the employee, in writing, that
his or her services will no longer be required. A copy of this
letter shall be sent forthwith to the President of PIPSC.
Such a communication shall also indicate if the employee:
- is being provided a guarantee of a reasonable job offer
from the deputy head and that the employee will be in surplus
status from that date on,
or
- is an opting employee and has access to the options of
Section 6.3 of this Appendix because the employee is not in
receipt of a guarantee of a reasonable job offer from the deputy
head.
Where applicable, the communication should also provide the
information relative to the employee's possible lay-off date.
1.1.7 Deputy heads will be expected to provide
a guarantee of a reasonable job offer for those employees subject
to workforce adjustment for whom they know or can predict employment
availability in the Core Public Administration.
1.1.8 Where a deputy head cannot provide
a guarantee of a reasonable job offer, the deputy head will
provide one hundred and twenty (120) days to consider the three
(3) options outlined in Part VI of this Appendix to all opting
employees before a decision is required of them. If the employee
fails to select an option, the employee will be deemed to have
selected option (a), twelve (12) month surplus priority period
in which to secure a reasonable job offer.
1.1.9 The deputy head shall make a determination
to either provide a guarantee of a reasonable job offer or access
to the options set out in 6.3 of this Appendix, upon request
of any indeterminate affected employee who can demonstrate that
his or her duties have already ceased to exist.
1.1.10 Departments or organizations shall
send written notice to the PSC of the employee's surplus status,
and shall send to the PSC such details, forms, resumes, and
other material as the PSC may from time to time prescribe as
necessary for it to discharge its function.
1.1.11 The home department or organization
shall provide the PSC with a written statement that it would
be prepared to appoint the surplus employee to a suitable position
in the department or organization commensurate with his/her
qualifications, if such a position were available.
**
1.1.12 Departments or organizations shall
advise the President of PIPSC and consult with PIPSC representatives
as completely as possible regarding any workforce adjustment
situation as soon as possible after the decision has been made
and throughout the process. When the affected employees are
identified, the departments or organizations will forward the
name, work location, phone
number, email address and mailing address of affected employees
as per the departmental or organizational employee database
of those employees to the President of PIPSC.
**
1.1.13 Departments or organizations shall
provide that employee with the official notification that he
or she has become subject to a workforce adjustment and shall
remind the employee that Appendix E on Workforce Adjustment
of this Collective Agreement applies.
1.1.14 Deputy heads shall apply this Appendix
so as to keep actual involuntary lay-offs to a minimum, and
lay-offs shall normally only occur where an individual has refused
a reasonable job offer, or is not mobile, or cannot be retrained
within two (2) years, or is laid-off at his or her own request.
**
1.1.15 Departments or organizations are
responsible to counsel and advise their affected employees on
their opportunities of finding continuing employment in the
public service and shall, to the extent possible, help market
surplus employees and laid off persons to other departments
or organizations unless the individuals have advised the department
or organization in writing that they are not available for appointment.
1.1.16 Appointment of surplus employees
to alternative positions, whether with or without retraining,
shall normally be at a level equivalent to that previously held
by the employee, but this does not preclude appointment to a
lower level. Departments or organizations shall avoid appointment
to a lower level except where all other avenues have been exhausted.
1.1.17 Home departments or organizations
shall appoint as many of their own surplus employees or laid-off
persons as possible, or identify alternative positions (both
actual and anticipated) for which individuals can be retrained.
1.1.18 Home departments or organizations
shall relocate surplus employees and laid-off individuals, if
necessary.
1.1.19 Relocation of surplus employees or
laid-off persons shall be undertaken when the individuals indicate
that they are willing to relocate and relocation will enable
their redeployment or reappointment, providing that
- there are no available priority persons, or priority
persons with a higher priority, qualified and interested in
the position being filled;
or
- no available local surplus employees or laid-off persons
who are interested and who could qualify with retraining.
1.1.20 The cost of travelling to interviews
for possible appointments and of relocation to the new location
shall be borne by the employee's home department or organization.
Such cost shall be consistent with the Travel and NJC Integrated
Relocation directives.
1.1.21 For the purposes of the NJC Integrated
Relocation directive, surplus employees and laid-off persons
who relocate under this Appendix shall be deemed to be employees
on employer-requested relocations. The general rule on minimum
distances for relocation applies.
**
1.1.22 For the purposes of the Travel Directive,
laid-off persons travelling to interviews for possible reappointment
to Core Public Administration are deemed to be a "traveller"
as defined in the Travel Directive.
**
1.1.23 For the surplus and/or lay-off priority
periods, home departments or organizations shall pay the salary,
salary protection and/or termination costs as well as other
authorized costs such as tuition, travel, relocation, and retraining
as provided for in the various collective agreements and directives.
The appointing department or organization may agree to absorb
all or part of these costs.
**
1.1.24 Where a surplus employee is appointed
by another department or organization to a term position, the
home department or organization is responsible for the costs
above for one year from the date of such appointment, unless
the home and appointing departments or organizations agree to
a longer period, after which the appointing department or organization
becomes the new home department or organization consistent with
PSC authorities.
1.1.25 Departments or organizations shall
protect the indeterminate status and surplus priority of a surplus
indeterminate employee appointed to a term position under this
Appendix.
**
1.1.26 Departments or organizations shall
inform the PSC in a timely fashion, and in a method directed
by the PSC, of the results of all referrals made to them under
this Appendix.
1.1.27 Departments or organizations shall
review the use of private temporary agency personnel, contractors,
consultants, employees appointed for a specified period (terms)
and all other non-indeterminate employees. Where practicable,
departments or organizations shall not re-engage such temporary
agency personnel, contractors, consultants nor renew the employment
of such employees referred to above where such action would
facilitate the appointment of surplus employees or laid-off
persons.
1.1.28 Nothing in the foregoing shall restrict
the employer's right to engage or appoint persons to meet short-term,
non-recurring requirements. Surplus and laid-off persons shall
be given priority even for these short-term work opportunities.
1.1.29 Departments or organizations may
lay off an employee at a date earlier than originally scheduled
when the surplus employee requests them to do so in writing.
1.1.30 Departments or organizations, acting
as appointing departments or organizations, shall cooperate
with the PSC and other departments or organizations in accepting,
to the extent possible, affected, surplus and laid-off persons,
from other departments or organizations for
appointment or retraining.
1.1.31 Departments or organizations shall
provide surplus employees with a lay-off notice at least one
month before the proposed lay-off date, if appointment efforts
have been unsuccessful.
1.1.32 When a surplus employee refuses a
reasonable job offer, he or she shall be subject to lay-off
one month after the refusal, however not before six (6) months
after the surplus declaration date. The provisions of 1.3.3
shall continue to apply.
1.1.33 Departments or organizations are
to presume that each employee wishes to be redeployed unless
the employee indicates the contrary in writing.
**
1.1.34 Departments or organizations shall
inform and counsel affected and surplus employees as early and
as completely as possible and shall, in addition, assign a counsellor
to each opting and surplus employee and laid-off person to work
with them throughout the process. Such counselling is to include
explanations and assistance concerning:
- the workforce adjustment situation and its effect on
that individual;
- the Workforce Adjustment Appendix;
- the PSC's Priority Information Management System and
how it works from the employee's perspective;
- preparation of a curriculum vitae or resume;
- the employee's rights and obligations;
- the employee's current situation (e.g. pay, benefits
such as severance pay and superannuation, classification, language
rights, years of service);
- alternatives that might be available to the employee
(alternation, appointment, relocation, retraining, lower-level
employment, term employment, retirement including possibility
of waiver of penalty if entitled to an annual allowance, Transition
Support Measure, Education Allowance, resignation, accelerated
lay-off);
- the likelihood that the employee will be successfully
appointed;
- the meaning of a guarantee of reasonable job offer, a
twelve (12) month surplus priority period in which to secure
a reasonable job offer, a Transition Support Measure, an Education
Allowance;
- the Human Resources Centres and their services (including
a recommendation that the employee register with the nearest
office as soon as possible);
- preparation for interviews with prospective employers;
- repeat counselling as long as the individual is entitled
to a staffing priority and has not been appointed;
and
- advising the employee that refusal of a reasonable job
offer will jeopardize both chances for retraining and overall
employment continuity.
1.1.35 Home departments or organizations
shall ensure that, when it is required to facilitate appointment,
a retraining plan is prepared and agreed to in writing by themselves,
the employee and the appointing department or organization.
1.1.36 Severance pay and other benefits
flowing from other clauses in this Collective Agreement are
separate from, and in addition to, those in this Appendix.
1.1.37 Any surplus employee who resigns
under this Appendix shall be deemed, for the purposes of severance
pay and retroactive remuneration, to be involuntarily laid off
on the day as of which the deputy head accepts in writing the
employee's resignation.
**
1.1.38 The department or organization will
review the status of each affected employee annually, or earlier,
from the date of initial notification of affected status and
determine whether the employee will remain on affected status
or not.
**
1.1.39 The department or organization will
notify the affected employee, in writing, within five (5) working
days of the decision pursuant to subsection 1.1.38.
1.2 The Treasury Board Secretariat
1.2.1 It is the responsibility of the Treasury
Board Secretariat to:
- investigate and seek to resolve situations referred by
the PSC or other parties,
- consider departmental or organizational requests for
retraining resources, and
**
- ensure that departments or organizations are provided
to the extent possible with information on occupations for which
there are skill shortages.
**
1.3 The Public Service Commission
1.3.1 Within the context of workforce adjustment,
and the Public Service Commission's (PSC) governing legislation,
it is the responsibility of the PSC to:
- ensure that priority entitlements are respected;
- ensure that a means exists for priority persons to be
assessed against vacant positions and appointed if found qualified
against the essential qualifications of the position; and
- ensure that priority persons are provided with information
on their priority entitlements.
1.3.2 The PSC is further willing, in accordance
with the Privacy Act, to:
- provide the Treasury Board Secretariat with information
related to the administration of priority entitlements which
may reflect on departments' or organizations' level of compliance
with this directive, and;
- provide information to the bargaining agents on the numbers
and status of their members in the Priority Information Management
System, as well as information on the overall system.
1.3.3 The PSC's roles and responsibilities
flow from its governing legislation, not the collective agreement.
As such, any changes made to these roles/responsibilities must
be agreed upon by the Commission. For greater detail on the
PSC's role in administering surplus and lay-off priority entitlements,
refer to Annex C of this document.
1.4 Employees
1.4.1 Employees have the right to be represented
by PIPSC in the application of this Appendix.
1.4.2 Employees who are directly affected
by workforce adjustment situations and who receive a guarantee
of a reasonable job offer, or who opt, or are deemed to have
opted, for option (a) of Part VI of this Appendix are responsible
for:
- actively seeking alternative employment in co-operation
with their departments or organizations and the PSC, unless
they have advised the department or organization and the PSC,
in writing, that they are not available for appointment;
- seeking information about their entitlements and obligations;
- providing timely information to the home department or
organization and to the PSC to assist them in their appointment
activities (including curriculum vitae or resumes);
- ensuring that they can be easily contacted by the PSC
and appointing departments or organizations, and attending appointments
related to referrals;
- seriously considering job opportunities presented to
them (referrals within the home department or organization,
referrals from the PSC, and job offers made by departments or
organizations), including retraining and relocation possibilities,
specified period appointments and lower-level appointments.
1.4.3 Opting employees are responsible for:
- considering the options of Part VI of this Appendix;
- communicating their choice of options, in writing, to
their manager no later than one hundred and twenty (120) days
after being declared opting.
2.1 Department or Organization
2.1.1 As already mentioned in section 1.1.12,
departments or organizations shall advise and consult with the
bargaining agent representatives as completely as possible regarding
any workforce adjustment situation as soon as possible after
the decision has been made and throughout the process and will
make available to the bargaining agent and to the President
of PIPSC the name, work location, phone number, email address
and mailing address of affected employees as per the departmental
or organizational employee database of those employees.
2.1.2 In any workforce adjustment situation
which is likely to involve six (6)or more indeterminate employees
covered by this Appendix, the department or organization concerned
shall notify the Assistant Secretary (or delegate), Labour Relations
and Compensation Operations, Treasury Board Secretariat, in
confidence, at the earliest possible date and under no circumstances
less than four (4) working days before the situation is announced.
2.1.3 Prior to notifying any potentially
affected employee, departments or organizations shall also notify
the Chief Executive Officer of each bargaining agent that has
members involved. Such notification is to be in writing, in
confidence and at the earliest possible date and under no circumstances
less than (2) working days before any employee is notified of
the workforce adjustment situation. This information is to include
the identity and location of the work unit(s) involved; the
expected date of the announcement; the anticipated timing of
the situation; and the numbers of employees, by group and level,
who will be affected.
3.1 General
3.1.1 In cases where a work unit is to be
relocated, department(s) or organization(s) shall provide all
employees whose positions are to be relocated with written notice
of the opportunity to choose whether they wish to move with
the position or be treated as if they were subject to a workforce
adjustment situation.
3.1.2 Following written notification, employees
must indicate, within a period of six (6) months, their intention
to move. If the employee's intention is not to move with the
relocated position, the Deputy head, after having considered
relevant factors, can either provide the employee with a guarantee
of a reasonable job offer or access to the options set out in
section 6.3 of this Appendix.
3.1.3 Employees relocating with their work
units shall be treated in accordance with the provisions of
1.1.18 to 1.1.22.
3.1.4 Although departments or organizations
will endeavour to respect employee location preferences, nothing
precludes the department or organization from offering the relocated
position to employees in receipt of a guarantee of a reasonable
job offer from their deputy heads, after having spent as much
time as operations permit looking for a reasonable job offer
in the employee's location preference area.
3.1.5 Employees who are not in receipt of
a guarantee of a reasonable job offer shall become opting employees
and have access to the options set out in Part VI of this Appendix.
4.1 General
4.1.1 To facilitate the redeployment of
affected employees, surplus employees, and laid-off persons,
departments or organizations shall make every reasonable effort
to retrain such persons for:
- existing vacancies,
or
- anticipated vacancies identified by management.
**
4.1.2 It is the responsibility of the employee,
the home department or organization and the appointing department
or organization to identify retraining opportunities pursuant
to subsection 4.1.1.
4.1.3 Subject to the provisions of 4.1.2,
the deputy head of the home department or organization shall
approve up to two (2) years of retraining.
4.2 Surplus employees
4.2.1 A surplus employee is eligible for
retraining providing:
- retraining is needed to facilitate the appointment of
the individual to a specific vacant position or will enable
the individual to qualify for anticipated vacancies in occupations
or locations where there is a shortage of qualified candidates;
and
- there are no other available priority persons who qualify
for a specific vacant position as referenced in (a) above.
4.2.2 The home department or organization
is responsible for ensuring that an appropriate retraining plan
is prepared and is agreed to in writing by the employee and
the delegated officers of the home and appointing departments
or organizations.
4.2.3 Once a retraining plan has been initiated,
its continuation and completion are subject to satisfactory
performance by the employee.
4.2.4 While on retraining, a surplus employee
continues to be employed by the home department or organization
and is entitled to be paid in accordance with his or her current
appointment, unless the appointing department or organization
is willing to appoint the employee indeterminately, conditional
on successful completion of retraining, in which case the retraining
plan shall be included in the letter of offer.
4.2.5 When a retraining plan has been approved
and the surplus employee continues to be employed by the home
department or organization, the proposed lay-off date shall
be extended to the end of the retraining period, subject to
4.2.3.
4.2.6 An employee unsuccessful in retraining
may be laid off at the end of the surplus period, provided that
the employer has been unsuccessful in making the employee a
reasonable job offer.
4.2.7 In addition to all other rights and
benefits granted pursuant to this section, an employee who is
guaranteed a reasonable job offer, is also guaranteed, subject
to the employee's willingness to relocate, training to prepare
the surplus employee for appointment to a position pursuant
to section 4.1.1, such training to continue for one (1) year
or until the date of appointment to another position, whichever
comes first. Appointment to this position is subject to successful
completion of the training.
4.3 Laid-off persons
**
4.3.1 A laid-off person shall be eligible
for retraining providing:
- retraining is needed to facilitate the appointment of
the individual to a specific vacant position;
- the individual meets the minimum requirements set out
in the relevant Selection Standard for appointment to the group
concerned; and
- there are no other available persons with a priority
who qualify for the position.
4.3.2 When an individual is offered an appointment
conditional on successful completion of retraining, a retraining
plan shall be included in the letter of offer. If the individual
accepts the conditional offer, he or she will be appointed on
an indeterminate basis to the full level of the position after
having successfully completed training and being assessed as
qualified for the position. When an individual accepts an appointment
to a position with a lower maximum rate of pay than the position
from which he or she was laid-off, the employee will be salary
protected in accordance with Part V.
5.1 Lower-level position
5.1.1 Surplus employees and laid-off persons
appointed to a lower-level position under this Appendix shall
have their salary and pay equity equalization payments, if any,
protected in accordance with the salary protection provisions
of this Collective Agreement, or, in the absence of such provisions,
the appropriate provisions of the Regulations Respecting Pay
on Reclassification or Conversion.
5.1.2 Employees whose salary is protected
pursuant to section 5.1.1 will continue to benefit from salary
protection until such time as they are appointed or deployed
into a position with a maximum rate of pay that is equal to
or higher than the maximum rate of pay of the position from
which they were declared surplus or laid off.
6.1 General
6.1.1 Deputy heads will be expected to provide
a guarantee of a reasonable job offer for those affected employees
for whom they know or can predict employment availability. A
deputy head who cannot provide such a guarantee shall provide
his or her reasons in writing, if requested by the employee.
Affected employees in receipt of this guarantee would not have
access to the choice of options below.
6.1.2 Employees who are not in receipt of
a guarantee of a reasonable job offer from their deputy head
have one hundred and twenty (120) days to consider the three
(3) Options below before a decision is required of them.
6.1.3 The opting employee must choose, in
writing, one of the three options of section 6.3 of this Appendix
within the one hundred and twenty (120) day window. The employee
cannot change options once having made a written choice.
6.1.4 If the employee fails to select an
option, the employee will be deemed to have selected option
(a), twelve (12) month surplus priority period in which to secure
a reasonable job offer at the end of the one hundred and twenty
(120) day window.
6.1.5 If a reasonable job offer which does
not require a relocation is made at any time during the one
hundred and twenty (120) day opting period and prior to the
written acceptance of the Transition Support Measure or the
Education Allowance Option, the employee is ineligible for the
TSM or the Education Allowance.
6.2 Alternation
6.2.1 All departments or organizations must
participate in the alternation process.
6.2.2 An alternation occurs when an opting
employee who wishes to remain in the Core Public Administration
exchanges positions with a non-affected employee (the alternate)
willing to leave the Core Public Administration under the terms
of Part VI of this Appendix.
6.2.3 Only an opting employee, not a surplus
one, may alternate into an indeterminate position that remains
in the Core Public Administration.
6.2.4 An indeterminate employee wishing
to leave the Core Public Administration may express an interest
in alternating with an opting employee. Management will decide,
however, whether a proposed alternation will result in retaining
the skills required to meet the ongoing needs of the position
and the Core Public Administration.
6.2.5 An alternation must permanently eliminate
a function or a position.
6.2.6 The opting employee moving into the
unaffected position must be, to the degree determined by the
Employer, able to meet the requirements of the position, including
language requirements. The alternate moving into the opting
position must meet the requirements of the position, except
if the alternate will not be performing the duties of the position
and the alternate will be struck off strength within five (5)
days of the alternation.
6.2.7 An alternation should normally occur
between employees at the same group and level. When the two
(2) positions are not the same group and level, alternation
can still occur when the positions can be considered equal.
They are considered equal when the maximum rate of pay for the
higher paid position is no more than six-per-cent (6 %) higher
than the maximum rate of pay for the lower paid position.
6.2.8 An alternation must occur on a given
date, i.e. two (2) employees directly exchange positions on
the same day. There is no provision in alternation for a "domino"
effect or for "future considerations".
6.3 Options
6.3.1 Only opting employees who are not
in receipt of the guarantee of a reasonable job offer from the
deputy head will have access to the choice of options below:
-
- Twelve (12) month surplus priority period in which
to secure a reasonable job offer: should a reasonable job
offer not be made within a period of twelve (12) months,
the employee will be laid off in accordance with the
Public Service Employment Act. Employees who choose
or are deemed to have chosen this Option are surplus employees.
- At the request of the employee, this twelve (12)
month surplus priority period shall be extended by the unused
portion of the one hundred and twenty (120) day opting period
referred to in 6.1.2 which remains once the employee has
selected in writing Option (a).
- When a surplus employee who has chosen, or who
is deemed to have chosen, Option (a) offers to resign before
the end of the twelve (12) month surplus priority period,
the deputy head may authorise a lump-sum payment equal to
the surplus employee's pay for the substantive position
for the balance of the surplus period, up to a maximum of
six (6) months. The amount of the lump sum payment for the
pay in lieu cannot exceed the maximum of that which he or
she would have received had they chosen Option (b), the
Transition Support Measure.
**
- Departments or organizations will make every reasonable
effort to market a surplus employee during the employee's surplus
period within his or her preferred area of mobility
or
- Transition Support Measure (TSM) is a cash payment, based
on the employee's years of service in the public service (see
Annex "B") made to an opting employee. Employees choosing this
Option must resign but will be considered to be laid-off for
purposes of severance pay.
or
**
- Education allowance is a Transitional Support Measure
(see Option (b) above) plus an amount of not more than ten thousand
dollars ($10,000) for reimbursement of receipted expenses of
an opting employee for tuition from a learning institution and
costs of books and mandatory equipment.
Employees choosing Option (c) could either:
- resign from the Core Public Administration but be
considered to be laid-off for severance pay purposes on
or
- delay their departure date and go on leave without
pay for a maximum period of two (2) years, while attending
the learning institution. The TSM shall be paid in one or
two lump-sum amounts, at the employee's request over a maximum
two (2) year period. During this period, employees could
continue to be public service benefit plan members and contribute
both employer and employee share to the benefits plans and
the Public Service Superannuation Plan. At the
end of the two (2) year leave without pay period, unless
the employee has found alternate employment in the Core
Public Administration, the employee will be laid off in
Public Service Employment Act.
6.3.2 Management will establish the departure
date of opting employees who choose Option (b) or Option (c)
above.
6.3.3 The TSM, pay in lieu of unfulfilled
surplus period and the Education Allowance cannot be combined
with any other payment under the Workforce Adjustment Appendix.
6.3.4 In the cases of: pay in lieu of unfulfilled
surplus period, Option (b) and (c)(i), the employee relinquishes
any priority rights for reappointment upon acceptance of his
or her resignation.
6.3.5 Employees choosing option (c)(ii)
who have not provided their department or organization with
a proof of registration from a learning institution twelve (12)
months after starting their leave without pay period will be
deemed to have resigned from the Core Public Administration,
and be considered to be laid-off for purposes of severance pay.
**
6.3.6 All opting employees will be entitled
to up to six hundred dollars ($600) towards counseling services
in respect of their potential re-employment or retirement. Such
counselling services may include financial, and job placement
counselling services.
6.3.7 An opting employee who has received
pay in lieu of unfulfilled surplus period, a TSM or an Education
Allowance and is re-appointed to that portion of the Core Public
Administration specified from time to time in Schedules I and
IV to the Financial Administration Act shall reimburse
the Receiver General for Canada by an amount corresponding to
the period from the effective date of such re-appointment or
hiring, to the end of the original period for which the TSM
or Education Allowance was paid.
6.3.8 Notwithstanding section 6.3.7, an
opting employee who has received an Education Allowance will
not be required to reimburse tuition expenses, costs of books
and mandatory equipment, for which he or she cannot get a refund.
6.3.9 The deputy head shall ensure that
pay in lieu of unfulfilled surplus period is only authorized
where the employee's work can be discontinued on the resignation
date and no additional costs will be incurred in having the
work done in any other way during that period.
6.3.10 If a surplus employee who has chosen,
or is deemed to have chosen, Option (a) refuses a reasonable
job offer at any time during the twelve (12) month surplus priority
period, the employee is ineligible for pay in lieu of unfulfilled
surplus period.
6.3.11 Approval of pay in lieu of unfulfilled
surplus period is at the discretion of management, but shall
not be unreasonably denied.
6.4 Retention payment
6.4.1 There are three (3) situations in
which an employee may be eligible to receive a retention payment.
These are total facility closures, relocation of work units
and alternative delivery initiatives.
6.4.2 All employees accepting retention
payments must agree to leave the Core Public Administration
without priority rights.
6.4.3 An individual who has received a retention
payment and, as applicable, is either reappointed to that portion
of the Core Public Administration specified from time to time
in Schedules I and IV to the Financial Administration Actor
is hired by the new employer within the six (6) months immediately
following his or her resignation, shall reimburse the Receiver
General for Canada by an amount corresponding to the period
from the effective date of such re-appointment or hiring, to
the end of the original period for which the lump sum was paid.
6.4.4 The provisions of 6.4.5 shall apply
in total facility closures where public service jobs are to
cease, and:
- such jobs are in remote areas of the country,
or
- retraining and relocation costs are prohibitive,
or
- prospects of reasonable alternative local employment,
whether within or outside the Core Public Administration are
poor.
6.4.5 Subject to 6.4.4, the deputy head
shall pay to each employee who is asked to remain until closure
of the work unit and offers a resignation from the Core Public
Administration to take effect on that closure date, a sum equal
to six (6) months' pay payable upon the day on which the departmental
or organizational operation ceases, provided the employee has
not separated prematurely.
6.4.6 The provisions of 6.4.7 shall apply
in relocation of work units where Core Public Administration
work units:
- are being relocated,
and
- when the deputy head of the home department or organization
decides that, in comparison to other options, it is preferable
that certain employees be encouraged to stay in their jobs until
the day of workplace relocation,
and
- where the employee has opted not to relocate with the
function.
6.4.7 Subject to 6.4.6, the deputy head
shall pay to each employee who is asked to remain until the
relocation of the work unit and offers a resignation from the
Core Public Administration to take effect on the relocation
date, a sum equal to six (6) months' pay payable upon the day
on which the departmental or organizational operation relocates,
provided the employee has not separated prematurely.
6.4.8 The provisions of 6.4.9 shall apply
in alternative delivery initiatives:
- where the Core Public Administration work units are affected
by alternative delivery initiatives;
- when the deputy head of the home department or organization
decides that, compared to other options, it is preferable that
certain employees be encouraged to stay in their jobs until
the day of the transfer to the new employer;
and
- where the employee has not received a job offer from
the new employer or has received an offer and did not accept
it.
6.4.9 Subject to 6.4.8, the deputy head
shall pay to each employee who is asked to remain until the
transfer date and who offers a resignation from the Core Public
Administration to take effect on the transfer date, a sum equal
to six (6) months pay payable upon the transfer date, provided
the employee has not separated prematurely.
**
Preamble
The administration of the provisions of this part will be
guided by the following principles:
- fair and reasonable treatment of employees;
- value for money and affordability;
and
- maximization of employment opportunities for employees.
The parties recognize:
- the union's need to represent employees during the transition
process;
- the Employer's need for greater flexibility in organizing
the Core Public Administration.
7.1 Definitions
For the purposes of this part, an alternative delivery
initiative (diversification
des modes d'exécution) is the transfer of any work,
undertaking or business of the Core Public Administration to
any body or corporation that is a separate agency or that is
outside the Core Public Administration;
For the purposes of this part, a reasonable job offer
(offre d'emploi raisonnable)
is an offer of employment received from a new employer
in the case of a type 1 or 2 transitional employment arrangement,
as determined in accordance with section 7.2.2;
For the purposes of this part, a termination of employment
(licenciement du
fonctionnaire) is the termination of employment
referred to in paragraph 12(1)(f)of the Financial Administration
Act (FAA).
**
7.2 General
Departments or organizations will, as soon as possible after
the decision is made to proceed with an alternative delivery
initiative (ADI), and if possible, not less than one hundred
and eighty (180) days prior to the date of transfer, provide
notice to the President of PIPSC.
The notice to PIPSC will include: 1) the program being considered
for ADI, 2) the reason for the ADI, and 3) the type of approach
anticipated for the initiative.
In cases of ADI, the parties will conduct meaningful consultation
on human resource issues related to the ADI in order to provide
information to the employee which will assist him/her in deciding
on whether or not to accept the job offer.
- Commercialization
- In cases of commercialization where tendering will be part
of the process, the parties shall make every reasonable effort
to come to an agreement on the criteria related to human resources
issues (e.g. terms and conditions of employment, pension and
health care benefits, the take-up number of employees) to be
used in the request for proposal (RFP) process. The parties
will respect the contracting rules of the federal government.
- Creation of a new Agency
- In cases of the creation of new agencies, the parties shall
make every reasonable effort to agree on common recommendations
related to human resources issues (e.g. terms and conditions
of employment, pension, and health care benefits) that should
be available at the date of transfer.
- Transfer to existing employers
- In all other ADI initiatives where an employer-employee relationship
already exists the parties will hold meaningful consultations
to clarify the terms and conditions that will apply upon transfer.
- In the cases of commercialization and creation of new agencies,
consultation opportunities will be given to PIPSC; however,
if after meaningful consultation agreements are not possible,
the department may still proceed with the transfer.
7.2.1 The provisions of this Part apply
only in the case of alternative delivery initiatives and are
in exception to other provisions of this Appendix. Employees
who are affected by alternative delivery initiatives and who
receive job offers from the new employer shall be treated in
accordance with the provisions of this part and, only where
specifically indicated will other provisions of this Appendix
apply to them.
7.2.2 There are three (3) types of transitional
employment arrangements resulting from alternative delivery
initiatives:
- Type 1 (Full Continuity)
- Type 1 arrangements meet all of the following criteria:
- legislated successor rights apply. Specific conditions
for successor rights applications will be determined by
the labour legislation governing the new employer;
- the Public Service Terms and Conditions of Employment
Regulations, the terms of the collective agreement
referred to therein and/or the applicable compensation plan
will continue to apply to unrepresented and excluded employees
until modified by the new employer or by the PSLRB pursuant
to a successor rights application;
- recognition of continuous employment in the Core
Public Administration, as defined in the Public Service
Terms and Conditions of Employment Regulations, for
purposes of determining the employee's entitlements under
the collective agreement continued due to the application
of successor rights;
- pension arrangements according to the statement
of pension principles set out in Annex A, or, in cases where
the test of reasonableness set out in that statement is
not met, payment of a lump-sum to employees pursuant to
section 7.7.3;
- transitional employment guarantee: a two-year minimum
employment guarantee with the new employer;
- coverage in each of the following core benefits:
health benefits, long term disability insurance (LTDI) and
dental plan;
- short-term disability bridging: recognition of
the employee's earned but unused sick leave credits up to
maximum of the new employer's LTDI waiting period.
- Type 2 (Substantial Continuity)
- Type 2 arrangements meet all of the following criteria:
- the average new hourly salary offered by the new
employer (= rate of pay + equal pay adjustments + supervisory
differential) for the group moving is eighty five per cent
(85 %) or greater of the group's current federal hourly
remuneration (= pay + equal pay adjustments + supervisory
differential), when the hours of work are the same;
- the average annual salary of the new employer (=
rate of pay + equal pay adjustments + supervisory differential)
for the group moving is eighty five per cent (85 %) or greater
of federal annual remuneration (= per cent or greater of
federal annual remuneration (= pay + equal pay adjustments
+ supervisory differential), when the hours of work are
different;
- pension arrangements according to the statement
of pension principles as set out in Annex A, or in cases
where the test of reasonableness set out in that Statement
is not met, payment of a lump-sum to employees pursuant
to section 7.7.3;
- transitional employment guarantee: employment tenure
equivalent to that of the permanent workforce in receiving
organizations or a two (2) year minimum employment guarantee;
- coverage in each area of the following core benefits:
health benefits, long-term disability insurance (LTDI) and
dental plan;
- short-term disability arrangement.
- Type 3 (Lesser Continuity)
- A type 3 arrangement is any alternative delivery initiative
that does not meet the criteria applying in type 1 and 2 transitional
employment arrangements.
7.2.3 For type 1 and 2 transitional employment
arrangements, the offer of employment from the new employer
will be deemed to constitute a reasonable job offer for purposes
of this part.
7.2.4 For type 3 transitional employment
arrangements, an offer of employment from the new employer will
not be deemed to constitute a reasonable job offer for purposes
of this part.
7.3 Responsibilities
7.3.1 Deputy heads will be responsible for
deciding, after considering the criteria set out above, which
of the types applies in the case of particular alternative delivery
initiatives.
7.3.2 Employees directly affected by alternative
delivery initiatives are responsible for seriously considering
job offers made by new employers and advising the home department
or organization of their decision within the allowed period.
7.4 Notice of alternative delivery initiatives
7.4.1 Where alternative delivery initiatives
are being undertaken, departments or organizations shall provide
written notice to all employees offered employment by the new
employer, giving them the opportunity to choose whether they
wish to accept the offer.
7.4.2 Following written notification, employees
must indicate within a period of sixty (60) days their intention
to accept the employment offer.
7.5 Job offers from new employers
**
7.5.1 Employees subject to this Appendix
(see Application) and who do not accept the reasonable job offer
from the new employer in the case of type 1 or 2 transitional
employment arrangements will be given four (4) months notice
of termination of employment and their employment will be terminated
at the end of that period or on a mutually agreed upon date
before the end of the four (4) month notice period except where
the employee was unaware of the offer or incapable of indicating
an acceptance of the offer.
7.5.2 The deputy head may extend the notice
of termination period for operational reasons, but no such extended
period may end later than the date of the transfer to the new
employer.
**
7.5.3 Employees who do not accept a job
offer from the new employer in the case of type 3 transitional
employment arrangements may be declared opting or surplus by
the deputy head in accordance with the provisions of the other
parts of this Appendix.
7.5.4 Employees who accept a job offer from
the new employer in the case of any alternative delivery initiative
will have their employment terminated on the date on which the
transfer becomes effective, or on another date that may be designated
by the home department or organization for operational reasons
provided that this does not create a break in continuous service
between the Core Public Administration and the new employer.
7.6 Application of other provisions of the Appendix
7.6.1 For greater certainty, the provisions
of Part II, Official Notification, and section 6.4, Retention
Payment, will apply in the case of an employee who refuses an
offer of employment in the case of a type 1 or 2 transitional
employment arrangement. A payment under section 6.4 may not
be combined with a payment under the other section.
7.7 Lump-sum payments and salary top-up allowances
7.7.1 Employees who are subject to this
Appendix (see Application) and who accept the offer of employment
from the new employer in the case of type 2 transitional employment
arrangements will receive a sum equal to three (3) months pay,
payable upon the day on which the departmental or organizational
work or function is transferred to the new employer. The home
department or organization will also pay these employees an
eighteen (18) month salary top-up allowance equal to the difference
between the remuneration applicable to their Core Public Administration
position and the salary applicable to their position with the
new employer. This allowance will be paid as a lump-sum, payable
on the day on which the departmental or organizational work
or function is transferred to the new employer.
7.7.2 In the case of individuals who accept
an offer of employment from the new employer in the case of
a type 2 arrangement whose new hourly or annual salary falls
below eighty per cent (80 %) of their former federal hourly
or annual remuneration, departments or organizations will pay
an additional six (6) months of salary top-up allowance for
a total of twenty (24) months under this section and section
7.7.1. The salary top-up allowance equal to the difference between
the remuneration applicable to their Core Public Administration
position and the salary applicable to their position with the
new employer will be paid as a lump-sum payable on the day on
which the departmental or organizational work or function is
transferred to the new employer.
7.7.3 Employees who accept the reasonable
job offer from the successor employer in the case of a type
1 or 2 transitional employment arrangement where the test of
reasonableness referred to in the statement of pension principles
set out in Annex A is not met, that is, where the actuarial
value (cost) of the new employer's pension arrangements are
less than six decimal five per cent (6.5 %) of pensionable payroll
(excluding the employer's costs related to the administration
of the plan) will receive a sum equal to three (3) months pay,
payable on the day on which the departmental or organizational
work or function is transferred to the new employer.
7.7.4 Employees who accept an offer of employment
from the new employer in the case of type 3 transitional employment
arrangements will receive a sum equal to six (6) months pay
payable on the day on which the departmental or organizational
work or function is transferred to the new employer. The home
department or organization will also pay these employees a twelve
(12) month salary top-up allowance equal to the difference between
the remuneration applicable to their Core Public Administration
position and the salary applicable to their position with the
new employer. The allowance will be paid as a lump-sum, payable
on the day on which the departmental or organizational work
or function is transferred to the new employer. The total of
the lump-sum payment and the salary top-up allowance provided
under this section will not exceed an amount equal to one (1)
year's pay.
7.7.5 For the purposes of 7.7.1, 7.7.2 and
7.7.4, the term remuneration includes and is limited
to salary plus equal pay adjustments, if any, and supervisory
differential, if any.
7.8 Reimbursement
7.8.1 An individual who receives a lump-sum
payment and salary top-up allowance pursuant to subsection 7.7.1,
7.7.2, 7.7.3 or 7.7.4 and who is reappointed to that portion
of the Core Public Administration specified from time to time
in Schedules I and IV to the Financial Administration Act
at any point during the period covered by the total of the lump-sum
payment and salary top-up allowance, if any, shall reimburse
the Receiver General for Canada by an amount corresponding to
the period from the effective date of re-appointment to the
end of the original period covered by the total of the lump-sum
payment and salary top-up allowance, if any.
7.8.2 An individual who receives a lump-sum
payment pursuant to subsection 7.6.1 and, as applicable, is
either reappointed to that portion of the Core Public Administration
specified from time to time in Schedules I and IV to the
Financial Administration Actor hired by the new employer,
to which the employee's work was transferred, at any point covered
by the lump-sum payment, shall reimburse the Receiver General
for Canada by an amount corresponding to the period from the
effective date of the reappointment or hiring to the end of
the original period covered by the lump-sum payment.
7.9 Vacation leave credits and severance pay
7.9.1 Notwithstanding the provisions of
this Collective Agreement concerning vacation leave, an employee
who accepts a job offer pursuant to this part may choose not
to be paid for earned but unused vacation leave credits, provided
that the new employer will accept these credits.
7.9.2 Notwithstanding the provisions of
this Collective Agreement concerning severance pay, an employee
who accepts a reasonable job offer pursuant to this part will
not be paid severance pay where successor rights apply and/or,
in the case of a type 2 transitional employment arrangement,
when the new employer recognizes the employee's years of continuous
employment in the Core Public Administration for severance pay
purposes and provides severance pay entitlements similar to
the employee's severance pay entitlements at the time of the
transfer.
7.9.3 Where:
- the conditions set out in 7.9.2 are not met,
- the severance provisions of this collective agreement
are extracted from this collective agreement prior to the date
of transfer to another non-federal public sector employer,
- the employment of an employee is terminated pursuant
to the terms of section 7.5.1,
or
- the employment of an employee who accepts a job offer
from the new employer in a type 3 transitional employment arrangement
is terminated on the transfer of the function to the new employer
the employee shall be deemed, for purposes of severance pay,
to be involuntarily laid off on the day on which employment
in the Core Public Administration terminates.
- The new employer will have in place, or Her Majesty in
right of Canada will require the new employer to put in place,
reasonable pension arrangements for transferring employees.
The test of reasonableness will be that the actuarial
value (cost) of the new employer pension arrangements will be
at least six decimal five per cent (6.5 %) of pensionable payroll,
which in the case of defined-benefit pension plans will be as
determined by the Assessment Methodology developed by Towers
Perrin for the Treasury Board, dated October 7, 1997. This Assessment
Methodology will apply for the duration of this Collective Agreement.
Where there is no reasonable pension arrangement in place on
the transfer date or no written undertaking by the new employer
to put such reasonable pension arrangement in place effective
on the transfer date, subject to the approval of Parliament
and a written undertaking by the new employer to pay the employer
costs, Public Service Superannuation Act (PSSA) coverage
could be provided during a transitional period of up to a year.
- Benefits in respect of service accrued to the point of
transfer are to be fully protected.
- Her Majesty in right of Canada will seek portability arrangements
between the public service Superannuation Plan and the pension
plan of the new employer where a portability arrangement does
not yet exist. Furthermore, Her Majesty in right of Canada will
seek authority to permit employees the option of counting their
service with the new employer for vesting and benefit thresholds
under the PSSA.
Years of Service in
the Core Public Administration0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Transition
Support Measure (TSM)
(Payment in weeks' pay)
10
22
24
26
28
30
32
34
36
38
40
42
44
46
48
50
52
52
52
52
52
52
52
52
52
52
52
52
52
52
49
46
43
40
37
34
31
28
25
22
19
16
13
10
07
04
For indeterminate seasonal and part-time employees, the TSM
will be pro-rated in the same manner as severance pay under
the terms of this collective agreement.
Severance pay provisions of this collective agreement are
in addition to the TSM.
- The PSC will refer surplus employees and laid-off persons
to positions, in all departments, organizations and agencies
governed by the PSEA, for which they are potentially
qualified for the essential qualifications, unless the individuals
have advised the PSC and their home departments or organizations
in writing that they are not available for appointment. The
PSC will further ensure that entitlements are respected and
that priority persons are fairly and properly assessed.
- The PSC, acting in accordance with the Privacy Act,
will provide the Treasury Board Secretariat with information
related to the administration of priority entitlements which
may reflect on departments' or organizations' and agencies'
level of compliance with this Directive.
- The PSC will provide surplus and laid-off individuals
with information on their priority entitlements.
- The PSC will, in accordance with the Privacy Act,
provide information to bargaining agents on the numbers and
status of their members who are in the Priority Administration
System and, on a service-wide basis, through reports to the
National Joint Council's Workforce Adjustment Committee.
- The PSC will ensure that a reinstatement priority is given
to all employees who are appointed to a position at a lower
level.
- The PSC will, in accordance with the Privacy Act,
provide information to the Employer, departments or organizations
and/or bargaining agents on referrals of surplus employees and
laid-off persons in order to ensure that the priority entitlements
are respected.
Public Service Commission "Guide to the Priority Information
Management System":
http://www.psc-cfp.gc.ca/prad-adpr/guide/index-eng.htm