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20.01 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.
20.02 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:
20.03 Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Council 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.
20.04 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Council or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award.
20.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Council.
20.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.
20.07 The parties recognize the value of informal discussion between employees and their supervisors and between the Council 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 Council, within the time limits prescribed in clause 20.15, wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.
20.08 A grievor wishing to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
20.09 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.
20.10 Subject to and as provided for in the Public Service Labour Relations Act, a grievor who feels treated unjustly or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 20.08, except that:
20.11 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:
Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.
No employer representative may hear the same grievance at more than one level in the grievance procedure.
20.12 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.
20.13 This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Council.
20.14 An employee may be assisted and/or represented by the Council when presenting a grievance at any level. The Council shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
20.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 20.08, 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 20.04 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.
20.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:
20.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within thirty (30) days. The Council shall normally reply to a policy grievance presented by the Employer within thirty (30) days.
20.18 Where an employee has been represented by the Council in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Council with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.
20.19 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.
20.20 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
20.21 Where the provisions of clause 20.08 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present the grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.
20.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Council representative.
20.23 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the grievor, and, where applicable, the Council.
20.24 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be presented at the final level only.
20.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.
20.26 Any grievor who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the grievor's control, the grievor was unable to comply with the prescribed time limits.
20.27 Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:
and the grievance has not been dealt with to the grievor's satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.
20.28 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 Council signifies:
21.01 The Employer shall make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Council 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. The Council agrees to encourage its members to observe all safety rules and to use all appropriate protective equipment and safeguards.
21.02
22.01 Both parties recognize the overall advantages of technological improvement, as well as the effects that its introduction sometimes has on specific individuals when such changes result in loss of jobs. Therefore, both parties will encourage and promote improvements in production processes and moreover, will cooperate to find ways of reducing, and if possible eliminating, the loss of employment which may be the direct result of any major improvements. With this in view, management will notify the Council in advance of any significant change in process.
22.02 The Council shall be informed in advance of all training courses related to technological change and, except when prevented by unforeseen circumstances or short notice, the Employer agrees to display in appropriate locations notices of forthcoming job-related training courses. Management will consult with the Council when establishing training criteria for such courses.
23.01 This Agreement may be amended by mutual consent.
24.01 Dirty Work
24.02 Height Pay
An employee shall be paid a height pay allowance equal to twenty-five per cent (25%) of the employee's basic hourly rate of pay on a prorata basis for actual time worked:
New technology in similar circumstances will be open for discussion.
24.03 Sea Duties Aboard Surface Vessels
When an employee is required to go to sea (i.e. beyond the harbour limits) in a vessel for the purpose of conducting trials, repairing defects, dumping ammunition, etc., the employee shall be compensated, from the time he/she reports aboard until fifteen (15) minutes after reaching the harbour limits on the final return, as follows:
For the purpose of this clause, an employee is considered to be working if he/she is actually performing or assisting in the performance of the duties of the job or has received specific instructions to remain available for work at the specific location where the work is being performed.
24.04 Transfer at Sea During Sea Trials
When an employee is required to proceed to a ship under trials at sea or to a ship proceeding to sea or to a ship proceeding to sea on trials, by helicopter, yardcraft or auxiliary vessel and is required to transfer from the helicopter, yardcraft or auxiliary vessel to the ship undergoing sea trials, the employee shall be paid a transfer allowance of ten dollars ($10.00). If the employee leaves the ship by similar transfer the employee shall be paid a further ten dollars ($10.00).
24.05 Submarine Trials
25.01 An employee who is regularly scheduled to work third (evening) or first (night) shift shall be paid a shift premium of:
26.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.
26.02
26.03
26.04 Acting Pay
When an employee is required by the Employer to perform substantially the duties of a higher position on an acting basis, the employee shall be paid acting pay from the date on which the employee commenced to act for the period in which the employee acts as if he/she had been appointed to that higher classification level.
26.05 When an employee is temporarily required by the Employer to perform the duties of a classification in the bargaining unit with a lower rate of pay than the employee is receiving, the employee shall continue to hold the employee's higher classification and be paid at the rate for that classification.
The provisions of this clause shall not apply to an employee on "layoff" as defined in clause 2.01(m).
26.06 An employee who was receiving a holding rate of pay on the effective date of this Agreement shall continue to receive that rate of pay until such time as there is a rate for the employee's classification level which is equal to or higher than the employee's holding rate. At that time, the employee will be paid the rate which is equal to or higher than the employee's holding rate.
26.07 Payments made as a result of clause 26.04 shall not change the holding rates of pay or the holding scale of rates to which an employee is entitled.
26.08 For the information of employees the assignment of jobs to sub-groups and levels shall be as described in Appendix "A".
26.09 If, during the term of this Agreement, a new classification standard is established, and new rates of pay are applied, any disagreement between the parties arising out of the new rates of pay shall be subject to negotiation.
27.01 An employee who suffers loss of clothes or personal effects will be compensated in accordance with Order-in-Council PC-1991-8/1695.
27.02 Where an employee is assigned to duty aboard a ship and suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of a marine accident or disaster, the employee shall be reimbursed the value of those articles up to a maximum of one thousand dollars ($1,000) based on replacement cost less the usual rate of depreciation.
27.03 An employee or the employee's estate making a claim under this Article shall submit to the Employer reasonable proof of such loss, and shall submit a signed affidavit listing the individual items and values claimed.
28.01 The Employer agrees to continue its present practice of supplying tools where it considers them necessary, and such tools shall remain the property of the Employer.
28.02 An employee who through neglect or negligence destroys or loses any of the tools issued to the employee by the Employer shall be held responsible for such damage or loss based on replacement cost less the usual rate of depreciation.
29.01 The Public Service Labour Relations Act provides penalties for illegal strikes. A strike includes a cessation of work or a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slowdown or other concerted activity on the part of employees designed to restrict or limit output.
30.01 Should either party, at the expiration of this Agreement desire amendments or alterations therein for its renewal, a written notice to that effect shall be served upon the other party in accordance with the provisions of the Public Service Labour Relations Act.
31.01 The Employer and the Council recognize that consultation and communication on matters of mutual interest outside the terms of the Collective Agreement should promote constructive and harmonious Employer-Council relations.
31.02 It is agreed that Labour-Management meetings are an appropriate forum for consultation; that a subject for discussion may be within or without the authority of either the Management or Council representatives. In these circumstances, consultation may take place for the purpose of providing information, discussing the application of policy or air problems to promote understanding, but it is expressly 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.
31.03 The following matters may be regarded as appropriate subjects for joint consultation:
32.01 When a formal review of an employee's performance is made, the employee concerned shall be given an opportunity to discuss and then sign the review form in question to indicate that its contents have been read and understood. A copy of the completed review form will be provided to the employee.
32.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter.
32.03 Upon written request of an employee, the personnel file of that employee may be made available once per year for the employee's examination in the presence of an authorized representative of the Employer.
32.04 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.
32.05 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to have a representative of the Council attend the meeting.
33.01 The Council 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.
33.02
34.01 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.
34.02 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
34.03
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:
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34.04 Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 20.01 of this Collective Agreement.
35.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Council, marital status or a conviction for which a pardon has been granted.
35.02
35.03 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.
36.01 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date of signature of the Collective Agreement.
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36.02 This Collective Agreement shall expire on January 30, 2012.
Signed in Ottawa, this 25th day of the month of February 2011.
Hélène Laurendeau
John Park
D.F.Smith, Captain(Navy)
Phil McEvoy
Cindy Heseltine
Jim Diamond
Des Rogers
Randy DeFrane
Stan Dzbik
Keith Campbell
Kevin Walsh