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 described in the certificate issued by the Public Service Labour Relations and Employment Board on June 16, 1999 , covering employees of the Audit, Commerce and Purchasing Group.
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 units are employed.
2.01 For the purpose of this agreement:
a. “bargaining unit” means the employees of the Employer in the group described in Article 25 (recognition); b. “common-law partner” refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year; c. “compensatory leave” means leave with pay in lieu of electronic payment for overtime, work performed on a designated holiday, travelling time compensated at overtime rate, call-back and reporting pay. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee’s hourly rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment on the day immediately prior to the day on which leave is taken; d. “continuous employment” has the same meaning as specified in the Directive on Terms and Conditions of Employment on the date of signing of this agreement; e. “daily rate of pay” means an employee’s weekly rate of pay divided by five (5); f. “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; g. “designated paid holiday” means the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a holiday in this agreement; h. “double time” means two (2) times the employee’s hourly rate of pay; i. “employee” means a person so defined by the Federal Public Sector Labour Relations Act and who is a member of the bargaining unit; j. “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;
k. “family” except where otherwise specified in this agreement, means father, mother (or, alternatively, stepfather, stepmother, or foster parent), brother, sister, stepbrother, stepsister, spouse (including common-law partner spouse resident with the employee), child (including child of common-law partner), stepchild, foster child or ward of the employee, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, the employee’s grandparents and any relative permanently residing in the employee’s household or with whom the employee permanently resides; l. “headquarters area” has the same meaning as given to the expression in the Travel Policy; m. “hourly rate of pay” means a full-time employee’s weekly rate of pay divided by thirty-seven and one half (37 1/2); n. “Institute” means the Professional Institute of the Public Service of Canada; o. “lay-off” means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function; p. “leave” means authorized absence from duty by an employee during the employee’s regular or normal hours of work; q. “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;
r. “overtime” means work required or authorized by the Employer, to be performed by the employee in excess of his daily hours of work; s. “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; t. “straight-time rate” means the employee’s hourly rate of pay; u. “time and one half” means one and one half (1 1/2) times the employee’s hourly rate of pay; v. “weekly rate of pay” means an employee’s annual rate of pay divided by fifty-two decimal one seven six (52.176);
2.02 Except as otherwise provided in this agreement, expressions used in this agreement,
3.01 Both 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.
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 the employee’s 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
8.01 For the purpose of this article:
8.02 Employees may be required to submit monthly attendance registers; only those hours of overtime and absences need be specified.
8.03 Where operational requirements permit, the Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day.
8.04 Except as provided for in clauses 8.05, 8.06 and 8.07:
8.05 Compressed workweek
8.06 The Employer and the Institute agree that for those employees to whom the provisions of clause 8.05 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 decimal five (7.5) hours, except in clause 17.02 (bereavement leave with pay), where a day means a calendar day. Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.
8.07 For greater clarity, the following provisions of this agreement shall be administered as provided herein:
9.01 When an employee is required or authorized by the Employer to work overtime he shall be compensated as follows:
9.02 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.
9.03
9.04 Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and with the concurrence of the employee, 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 December 31 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on December 31.
9.05 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 (1st) pay period after December 31 of the next following fiscal year.
9.06
9.07 When, in a situation involving overtime, an employee is required to report to work before public transportation services have commenced, or to remain at work or to return to work after normal transportation services have been suspended, the use of a taxi or the payment of a kilometric rate, as appropriate, shall be authorized from the employee’s residence to the workplace and/or return if necessary.
10.01 When an employee is called back to work or when an employee who is on standby duty is called back to work by the Employer any time outside his normal working hours he shall be entitled to the greater of:
10.02 An employee who receives a call to duty or responds to a telephone or data line call while on standby duty, may at the discretion of the Employer work at the employee’s residence or at another place to which the Employer agrees. In such instances, the employee shall be paid the greater of:
10.03 Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and with the concurrence of the employee, 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 December 31 of the next following fiscal year shall be paid at the employee’s daily rate of pay on December 31.
10.04 When an employee is called back to work under the conditions described in clause 10.01 and is required to use transportation services other than normal public transportation services the employee shall be reimbursed for reasonable expenses incurred as follows:
10.05 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 (1st) pay period after September 30 of the next following fiscal year.
10.06 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee’s normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.
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 telephone, cellular phone, and/or pager number and be able to return for duty as quickly as possible if called. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.
11.04 No standby duty payment shall be granted if any employee is unable to report for duty when required.
11.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than an employee’s normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.
11.06 Compensation earned under this article shall be compensated by electronic payment except where, upon application by the employee and at the discretion of the Employer, such compensation may be taken in the form of compensatory leave in accordance with clauses 9.04 and 9.05 of Article 9 (overtime).
12.01 Subject to clause 12.02 below, the following days shall be designated paid holidays for employees:
For greater certainty, employees who do not work on a designated paid holiday are entitled to seven decimal five (7.5) hours’ pay at the straight-time rate.
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 30 (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 above 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. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.
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 above:
12.05 Compensation for work on a paid holiday
Compensation for work on a paid holiday will be in accordance with Article 9 (overtime).
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 above, the designated paid holiday shall not count as a day of leave.
12.07 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.
12.08 When an employee is required to report for work and reports on a designated holiday, he shall be paid the greater of:
13.01 When the Employer requires an employee to travel outside the employee’s headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:
13.02 For the purpose of clause 13.01 above, the travelling time for which an employee shall be compensated is as follows:
13.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.
13.04 Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and with the concurrence of the employee, 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 December 31 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on December 31.
13.05 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 (1st) pay period after December 31 of the next following fiscal year.
13.06 This article does not apply to an employee required to perform work in any type of transport in which the employee is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance with the articles on hours of work, overtime, and designated paid holidays.
13.07 Travelling time shall include time necessarily spent at each stopover en route provided that such stopover does not include an overnight stay.
13.08 Compensation under this article shall not be paid for travel time to courses, training sessions, conferences and seminars unless the employee is required to attend by the Employer.
13.09 Travel status leave
14.01 An employee is entitled, once in each fiscal year, to be informed, upon request, of the employee’s balance of vacation or sick leave with pay credits.
14.02 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 the employee becomes subject to this agreement, shall be retained by the employee.
14.03 An employee shall not be granted two (2) different types of leave with pay in respect of the same period of time.
14.04 An Employee is not entitled to leave with pay during periods the employee is on leave without pay or under suspension.
14.05 When an employee, who has been granted more vacation or sick leave with pay than has been earned, is laid off or dies, the employee is considered to have earned the amount of leave with pay that has been granted to that employee.
14.06 In the event of termination of employment for reasons other than death, incapacity or lay-off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his employment.
14.07 An employee shall not earn leave credits under this collective agreement in any month for which leave has already been credited to him under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.
14.08
15.01 The vacation year shall be from April 1 to March 31, inclusive.
15.02 Accumulation of vacation leave credits
An employee shall earn vacation leave credits for each calendar month during which he receives pay for at least ten (10) days at the following rate:
15.03
15.04 Entitlement to vacation leave with pay
An employee is entitled to vacation leave with pay to the extent of his earned credits but an employee who has completed six (6) months of continuous employment is entitled to an advance of credits equivalent to the anticipated credits for the vacation year.
15.05 Provision for vacation leave
15.06 Replacement of vacation leave
Where, in respect of any period of vacation leave, an employee:
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.
15.07 Carry-over and liquidation of vacation leave
15.08 Recall from vacation leave
Where, during any period of vacation leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he incurs:
after submitting such accounts as are normally required by the Employer.
15.09 The employee shall not be considered as being on vacation leave during any period in respect of which he is entitled under clause 15.08 above to be reimbursed for reasonable expenses incurred by him.
15.10 Cancellation of vacation leave
When the Employer cancels or alters a period of vacation 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.
15.11 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.
15.12 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 leave with pay to his credit by the daily rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of employment.
15.13 Vacation leave credits for severance pay
Where the employee requests, the Employer shall grant the employee’s 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.
15.14 Abandonment
Notwithstanding clause 15.13 above, 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 15.13 above if he requests it within six (6) months following the date upon which his employment is terminated.
15.15 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 his classification on the date of termination.
15.16 Appointment to a separate agency
Notwithstanding clause 15.12, an employee who resigns to accept an appointment with an organization listed in the Financial Administration Act (FAA) Schedule V may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.
15.17 Appointment from a separate agency
The Employer agrees to accept the unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) hours of an employee who resigns from an organization listed in FAA Schedule V in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.
15.18
16.01 Credits
An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which the employee receives pay for at least seventy-five (75) hours.
16.02 An employee shall be granted sick leave with pay when the employee is unable to perform the employee’s duties because of illness or injury provided that:
16.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury the employee was unable to perform the employee’s duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 16.02(a) above.
16.04 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.
16.05 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause 16.02 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.
16.06
16.07 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.
16.08 The Employer may, for good and sufficient reason, advance sick leave credits to an employee when a previous advance has not been fully reimbursed.
16.09 The Employer agrees that an employee shall not be terminated for cause for reason of incapacity pursuant to paragraph 12(1)(e) of the Financial Administration Act at a date earlier than the date at which the employee will have utilized the employee’s accumulated sick leave credits.
17.01 Validation
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.
17.02 Bereavement leave with pay
17.03 Maternity leave without pay
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 during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.
17.04 Maternity allowance
17.05 Special maternity allowance for totally disabled employees
17.06 Parental leave without pay
beginning on the day on which the child is born or the day on which the child comes into the employee’s care.
beginning on the day on which the child comes into the employee’s care.
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.
17.07 Parental allowance
Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options, either:
Once an employee elects the standard or extended parental benefits and the weekly benefit top-up allowance is set, the decision is irrevocable and shall not be changed should the employee return to work at an earlier date than that originally scheduled.
Under the Quebec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.
17.08 Special parental allowance for totally disabled employees
17.09 Leave without pay for the care of family
For the purpose of this clause, “family” is defined per Article 2 and in addition:
Subject to operational requirements, an employee shall be granted leave without pay for the care of family in accordance with the following conditions:
17.10 Caregiving leave
17.11 Leave without pay for personal needs
Leave without pay will be granted for personal needs, in the following manner:
17.12 Leave without pay for relocation of spouse
17.13 Leave with pay for family-related responsibilities
In any fiscal year, an employee is entitled to no more than fifteen (15) hours of combined personal and volunteer leave.
Effective April 1 of the year following the signing of the collective agreement clause 17.14 (volunteer leave) is deleted from the collective agreement.
17.14 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, 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.
17.15 Court leave with pay
The Employer shall grant leave with pay to an employee for the period of time the employee is required:
17.16 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 Federal Public Sector Labour Relations Act, the employee is entitled to leave with pay for the period during which 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.
17.17 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 workers’ compensation board that the employee is unable to perform the employee’s duties because of:
if the employee agrees to pay to the Receiver General for 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 Employer or the employee’s agent paid the premium.
17.18 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.
17.19 Religious observance
17.20 Maternity-related reassignment or leave
17.21 Medical appointment for pregnant employees
17.22 Leave with or without pay for other reasons
In any fiscal year, an employee is entitled to no more than fifteen (15) hours of combined personal and volunteer leave.
Effective April 1 of the year following the signing of the collective agreement paragraph 17.22(b) is deleted from the collective agreement. Effective April 1 of the year following the signing of the collective agreement, the wording in clause 17.14 is replaced with the following:
17.14 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, fifteen (15) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of seven decimal five (7.5) hours or three decimal seven five (3.75) hours each.
The leave will be scheduled at a time convenient to both 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.
17.23 Domestic violence leave
For the purposes of this article domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from someone with whom the employee has or had an intimate relationship.
18.01 General
The parties recognize that in order to maintain and enhance professional expertise, employees need to have an opportunity to attend or participate in career development activities described in this article. Career development refers to an activity which is, in the opinion of the Employer, likely to be of assistance to the individual in furthering his career development and to the organization in achieving its goals.
18.02 Attendance at conferences, conventions and courses
18.03 Education leave without pay
he shall repay the Employer all allowances paid to him under this clause during the education leave or such lesser sum as shall be determined by the Employer.
18.04 Professional development
18.05 Selection criteria
18.06 Departmental Career Development Consultation Committee
18.07 Joint Institute / Treasury Board Career Development Committee
19.01 Under the following circumstances and subject to clause 19.02, an employee shall receive severance benefits calculated on the basis of his weekly rate of pay:
19.02 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 any type of termination benefit. Under no circumstances shall the maximum severance pay provided under this article be pyramided.
For greater certainty, payments for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to 19.05 to 19.08 under Appendix “C” or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of 19.02.
19.03 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 his certificate of appointment, immediately prior to the termination of his employment.
19.04 Appointment to a separate agency
An employee who resigns to accept an appointment with an organization listed in the FAA Schedule V shall be paid any outstanding payment in lieu of severance if applicable under Appendix “C.”
19.05 For employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix “C.”
20.01 If, during the term of this agreement, a new classification standard is established and implemented by the Employer, the Employer shall, before applying rates of pay to the new levels resulting from the application of the standard, negotiate with the Institute the rates of pay and the rules affecting the pay of employees on their movement to the new levels.
20.02 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his position, including the classification level and, where applicable, the point rating allotted by factor to his position, and an organization chart depicting the position’s place in the organization.
21.01 The Employer shall reimburse an employee for the employee’s 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 the employee’s position.
Clauses 21.02, 21.03 and 21.04 apply to employees classified as AU and CO in the Audit, Commerce and Purchasing Group.
21.02 The Employer shall reimburse an employee his annual membership fees paid to the Chartered Professional Accountants (CPA) when the payment of such fees is a requirement for the continuation of the performance of the duties of his position.
21.03 Except as provided under clause 21.05 below, the reimbursement of annual membership fees relates to the payment of an annual fee which is a mandatory requirement of the CPA to maintain a professional designation and membership in good standing.
21.04 When the payment of such fees is not a requirement for the continuation of the performance of the duties of an employee’s position, but eligibility for a professional accounting designation by the CPA is a qualification specified in the Qualification Standards for the Auditing or Commerce group, the Employer shall reimburse the employee for his annual membership fees paid to one of the associations referred to in clause 21.02 to a maximum of one thousand dollars ($1,000).
21.05 Portions of fees or charges of an administrative nature such as the following are not subject to reimbursement under this article: service charges for the payment of fees on an instalment or post-dated basis; late payment charges or penalties; initiation fees; reinstatement fees required to maintain a membership in good standing; or payments of arrears for readmission to an accounting association.
21.06 Upon receipt of proof of payment, the reimbursement will commence with fees that become due and are paid following that date. Reimbursement covered by this article does not include arrears of previous years’ dues.
21.07 When the payment of membership or registration fees to an organization or governing body is not a requirement for the continuation of the performance of the duties of an employee’s position:
The Employer will reimburse some costs related to an employee’s membership fee to a professional body or association that is linked to an employee’s area of expertise and when the Employer is satisfied that the costs incurred by the Employer for expenses on relevant career and professional development activities for the employee are lower than what would otherwise be incurred as a result of that membership.
Where documentation is provided and the Employer is satisfied that the difference between non-membership and membership fees associated with the professional body or association could have realized financial savings for the Employer, the employee will be reimbursed either:
whichever is less, but not exceeding one thousand dollars ($1,000).
22.01 The Employer shall provide the employee with immunization against communicable diseases where there is a risk of incurring such diseases in the performance of the employee’s duties.
23.01 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 “B” will apply. In all other cases the following will apply.
23.02 In this article, “technological change” means:
23.03 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.
23.04 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 when it will result in significant changes in the employment status or working conditions of the employees.
23.05 The written notice provided for in clause 23.04 will provide the following information:
23.06 As soon as reasonably practicable after notice is given under clause 23.04, the Employer shall consult meaningfully with the Institute concerning the effects of the technological change referred to in clause 23.04 on each group of employees. Such consultation will include but not necessarily be limited to the following:
23.07 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 without loss of pay and at no cost to the employee.
24.01 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.
25.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the former Public Service Staff Relations Board on June 16, 1999 , covering employees of the Audit, Commerce and Purchasing (AV) Group.
25.02 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 Federal Public Sector Labour Relations Act.
26.01 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. 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.
26.02 The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in clause 26.01.
26.03 For the purpose of applying clause 26.01 above, 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.
26.04 An employee who satisfies the Institute to the extent that he declares in an affidavit that he is a member of a religious organization registered pursuant to the Income Tax Act, 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 equal to dues, shall not be subject to this article, provided that the affidavit submitted by the employee shows the registered number of the religious organization and is countersigned by an official representative of the religious organization involved. A copy of the affidavit will be provided to the Institute. The Institute will inform the Employer accordingly.
26.05 No employee organization, as defined in Section 2 of the Federal Public Sector 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.
26.06 The amounts deducted in accordance with clause 26.01 shall be remitted to the Institute by electronic payment 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.
26.07 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.
26.08 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.
27.01 Reasonable space on bulletin boards, including electronic bulletin boards where available, in convenient locations will be made available to the Institute for the posting of official Institute notices. The Institute shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices of meetings of their members and elections, the names of Institute representatives, and social and recreational events. Such approval shall not be unreasonably withheld.
27.02 The Employer will also continue its present practice of making available to the Institute specific locations on its premises for the placement of reasonable quantities of literature of the Institute.
27.03 A duly accredited representative of the Institute may be permitted access to the Employer’s premises to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer.
27.04 The Institute shall provide the Employer a list of such Institute representatives and shall advise promptly of any change made to the list.
28.01 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 (1) 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.
28.02 The Employer agrees to supply each employee with a copy of the collective agreement and any amendments thereto. For the purpose of satisfying the Employer’s obligation under this clause, employees may be given electronic access to this agreement. Upon request, each Institute AV steward shall be supplied with a printed pocket copy of this agreement.
28.03 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. The Employer shall have the right to refuse to distribute any information that it considers adverse to its interests or to the interests of any of its representatives.
29.01 The Employer acknowledges the exclusive right of the Institute to appoint or otherwise select employees as representatives.
29.02 The Institute and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of organization, the number and distribution of employees at the workplace and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/adjudication procedure.
29.03 The Institute shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 29.02.
29.04 A representative shall obtain the permission of his immediate supervisor before leaving his work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to his supervisor before resuming his normal duties.
29.05 The Institute shall have the opportunity to have an employee representative introduced to new employees as part of the Employer’s formal orientation programs, where they exist.
30.01 Federal Public Sector Labour Relations and Employment Board hearings
Complaints made to the Federal Public Sector Labour Relations and Employment Board pursuant to subsection 190(1) of the Federal Public Sector Labour Relations Act (FPSLRA)
Where operational requirements permit, in cases of complaints made to the Federal Public Sector Labour Relations and Employment Board pursuant to section 190(1) of the FPSLRA 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 FPSLRA, the Employer will grant leave with pay:
30.02 Applications for certification, representations and interventions with respect to applications for certification
Where operational requirements permit, the Employer will grant leave without pay:
30.03 Employee called as a witness
The Employer will grant leave with pay:
30.04 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.
30.05 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.
30.06 Adjudication
Where operational requirements permit, the Employer will grant leave with pay to an employee who is:
30.07 Meetings during the grievance process
Where operational requirements permit, the Employer will grant to an employee:
30.08 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.
30.09 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.
30.10 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.
30.11 Preparatory contract negotiations meetings
Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.
30.12 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.
30.13 Institute Executive Council meetings and conventions
Where operational requirements permit, the Employer will grant leave without pay to employees to attend meetings and conventions provided in the Constitution and by-laws of the Institute.
30.14 Employee representatives’ training courses
31.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.
32.01 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.
32.02 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.
33.01 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 employees from availing themselves of the grievance procedure provided in this agreement.
34.01 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.
34.02 Individual grievances
Subject to and as provided in section 208 of the Federal Public Sector Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:
34.03 Group grievances
Subject to and as provided in section 215 of the Federal Public Sector 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.
34.04 Policy grievances
Subject to and as provided in section 220 of the Federal Public Sector 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.
34.05
34.06 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:
34.07 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.
34.08 Subject to and as provided for in the Federal Public Sector 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 34.06, except that:
34.09 There shall be three (3) steps in the grievance procedure. These levels shall be as follows:
34.10 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.
34.11 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.
34.12 A grievor may present a grievance to the first step of the procedure in the manner prescribed in clause 34.06, 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 34.04 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.
34.13 A grievor may present a grievance at each succeeding step in the grievance procedure beyond the first step either:
34.14 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.
34.15 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.
34.16 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 Federal Public Sector Labour Relations Act.
34.17 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.
34.18 Where the provisions of clause 34.06 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.
34.19 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 34.21.
34.20 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.
34.21 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:
34.22 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.
34.23 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.
34.24 Where a grievance has been presented up to and including the final step in the grievance procedure with respect to:
and the grievance has not been resolved, it may be referred to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations.
34.25 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:
34.26 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 Federal Public Sector Labour Relations and Employment Board (FPSLREB). The framework is set out below.
35.01 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 , and as amended from time to time, will form part of this collective agreement, subject to the Federal Public Sector Labour Relations Act (FPSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any act specified in subsection 113(b) of the FPSLRA.
35.02 The NJC items which may be included in a collective agreement are those items which parties to the NJC agreements have designated as such or upon which the Chairman of the Federal Public Sector Labour Relations and Employment Board has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective December 6, 1978 , as amended from time to time.
35.03 All directives, 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.
Grievances in regard to the NJC directives shall be filed in accordance with clause 34.01 of this collective agreement.
36.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult meaningfully on matters of common interest.
36.02 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, professional responsibilities and standards, and workload. Consultation may be at the local, regional or national level as determined by the parties.
36.03 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.
36.04 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.
36.05 The Institute shall notify the Employer in writing of the representatives authorized to act on behalf of the Institute for consultation purposes.
36.06 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.
36.07 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this collective agreement.
37.01 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.
37.02 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) working days’ written notice of such meeting with reasons for the meeting.
37.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he or she may be accompanied by a representative of the Institute. Where practicable, the employee shall receive a minimum of two (2) days’ notice of such administrative inquiry, hearing or investigation being conducted as well as its purpose. The unavailability of the representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the employee.
37.04 When an employee is suspended from duty, the Employer undertakes to notify the employee in writing of the reason for such suspension. The Employer shall endeavour to give such notification at the time of suspension.
37.05 The Employer shall notify the local representative of the Institute that such suspension has occurred.
37.06 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.
37.07 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. This period will automatically be extended by the length of any single period of leave without pay in excess of six (6) months.
38.01 If employees are prevented from performing their duties because of a strike or lockout 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.
39.01 Definition
Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the Federal Public Sector Labour Relations Act.
39.02 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.
39.03 Upon request of an employee and with the concurrence of the Employer, a part-time employee may complete his scheduled weekly hours of work in a manner that permits such an employee to work in excess of seven and decimal five (7.5) hours in any one (1) day provided that over a period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days the part-time employee works an average of his scheduled weekly hours of work. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer.
39.04 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 decimal five (37.5) hours in a week at the hourly rate of pay.
39.05 Leave will only be provided:
39.06 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.
39.07 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 at time and one half (1 1/2) of the straight-time rate of pay for all hours worked up to the regular daily scheduled hours of work and double (2T) thereafter.
39.08 Overtime
39.09 Subject to clause 39.08 a part-time employee who is required to work overtime shall be paid overtime as specified in Article 9 of this agreement.
39.10 Call-back
When a part-time employee meets the requirements to receive call-back pay in accordance with Article 10 and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours’ pay at the straight-time rate.
39.11 Reporting pay
Subject to clause 39.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, in accordance with the reporting pay provision of this agreement, and is entitled to receive a minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours’ pay at the straight-time rate of pay.
39.12 Bereavement leave
Notwithstanding clause 39.02, there shall be no pro-rating of a “day” in clause 17.02 (bereavement leave with pay).
39.13 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 workweek, at the rate for years of employment established in clause 15.02 (vacation leave), pro-rated and calculated as follows:
39.14 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 workweek for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee’s normal workweek.
39.15 Vacation and sick leave administration
39.16 Severance pay
Notwithstanding the provisions of Article 19 (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 group and level to produce the severance pay benefit.
39.17 The weekly rate of pay referred to in clause 39.16 above 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.
40.01 For the purpose of this article,
40.02 Prior to an employee performance review the employee shall be given:
40.03
The employee shall be provided with a copy of the assessment at the time that the assessment is signed by the employee.
40.04 Upon written request of an employee, the personnel file of that employee shall be made available for the employee’s examination in the presence of an authorized representative of the Employer.
40.05 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:
41.01 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. Personal references requested by a prospective employer outside the public service will not be provided without the written consent of the employee.
42.01 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 workplace.
42.02
42.03 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.
43.01 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, gender identity and expression, family status, marital status, genetic characteristics, mental or physical disability, conviction for which a pardon has been granted or membership or activity in the Institute.
43.02 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.
The following allowance replaces the former Penological Factor Allowance (PFA).The parties agree that only incumbents of positions deemed eligible and/or receiving PFA as of signing of this collective agreement, shall receive the Correctional Service Specific Duty Allowance (CSSDA), subject to the criteria outlined below.
44.01 The Correctional Service Specific Duty Allowance (CSSDA) shall be payable to incumbents of specific positions in the bargaining unit within Correctional Service Canada. The allowance provides additional compensation to an incumbent of a position who performs certain duties or responsibilities specific to Correctional Service Canada (that is, custody of inmates, the regular supervision of offenders, or the support of programs related to the conditional release of those offenders) within penitentiaries as defined in the Corrections and Conditional Release Act, and/or CSC Commissioner Directives. The CSSDA is not payable to incumbents of positions located within Correctional Learning and Development Centres, Regional Headquarters, National Headquarters, and CORCAN establishments that do not meet the definition of penitentiary as defined in the Corrections and Conditional Release Act and/or CSC Commissioner Directives.
44.02 The value of the CSSDA shall be two thousand dollars ($2,000) annually. Except as prescribed in clause 44.03 below, this allowance shall be paid on a biweekly basis for any month in which an employee performs the duties for a minimum period of ten (10) days in a position to which the CSSDA applies.
44.03 An employee will be entitled to receive the CSSDA, in accordance with clause 44.01:
44.04 The CSSDA shall not form part of an employee’s salary except for the purposes of the following benefit plans:
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:
45.03 The rates of pay set forth in Appendix “A” shall become effective on the date specified therein.
45.04 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:
45.05 Rates of pay
45.06 This article is subject to the memorandum of understanding signed by the Employer and the Professional Institute of the Public Service of Canada dated July 21, 1982 , in respect of red-circled employees.
45.07 Acting pay
45.08 When a payment is being made as a result of the application of clause 45.07, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the acting appointment.
46.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.
47.01 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.
48.01 The duration of this collective agreement shall be from the date it is signed to June 21, 2022 .
48.02 Unless otherwise expressly stipulated, the provisions of this collective agreement shall become effective on the date it is signed.
48.03 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 signing.
48.04 All elements identified in the table of contents form part of this collective agreement.
Signed at Ottawa, this 30th day of the month of August 2019 .
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
Performance Pay - to apply to employees subject to the Performance Pay Regulations
Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix E, for the period prior to the salary change, retroactive amounts owed resulting from rate changes will be paid as lump sum payments:
This appendix applies to all employees.
Unless explicitly specified, the provisions contained in Parts I to VI do not apply to alternative delivery initiatives.
With the exception of those provisions for which the Public Service Commission (PSC) is responsible, this appendix is part of this collective agreement.
It is the policy of the Treasury Board to maximize 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 Parts VI and VII).
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 (échange 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’étude): 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 lump-sum payment, equivalent to the Transitional Support Measure (see Annex “B”), plus a reimbursement of tuition from a recognized learning institution, book and relevant equipment costs, up to a maximum of fifteen thousand dollars ($15,000). 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. layoff 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 of 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. public service (fonction publique): TODO reasonable job offer
(offre d’emploi raisonnable): is an offer of indeterminate employment within the core public administration, normally at an equivalent 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 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 PSC has endorsed those portions of this appendix for which it has responsibility.
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.
The primary references for the subject of workforce adjustment are as follows:
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.
1.1.1 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 minimize 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:
Terms of reference of such committee shall include a process for addressing alternation requests from other departments and/or organizations.
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:
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), 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 6.4 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, resumés, 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 PIPS.
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 the appendix 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:
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 Directive and NJC Integrated Relocation Directive.
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 the 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 (1) 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 method directed by 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, and their use of contracted out services, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, departments or organizations shall not engage or re-engage such temporary agency personnel, contractors, consultants, contracted out services, 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 (1) month before the proposed lay-off date, if appointment efforts have been unsuccessful. Such notice shall be sent to the President of PIPSC.
1.1.32 When a surplus employee refuses a reasonable job offer, he or she shall be subject to lay-off one (1) 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:
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.
1.2.1 It is the responsibility of the Treasury Board Secretariat to:
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:
1.3.2 The PSC is further willing, in accordance with the Privacy Act, to:
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.
1.4.1 Employees have the right to be represented by PIPS 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:
1.4.3 Opting employees are responsible for:
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, and 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 two (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.
3.1.1 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 6.4 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.
4.1.1 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:
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.
4.2.1 A surplus employee is eligible for retraining providing:
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.
4.3.1 A laid-off person shall be eligible for retraining providing:
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.
5.1.1 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.
6.1.1 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, and
The employee may also participate in the alternation process in accordance with section 6.3 of this appendix within the one hundred and twenty (120) day window before a decision is required of them in 6.1.3.
6.1.3 The opting employee must choose, in writing, one of the three (3) options of section 6.4 of this appendix within the one hundred and twenty (120) day window. The employee cannot change options once having made a written choice. The department shall send a copy of the employee’s choice to the President of PIPSC.
6.1.4 If the employee fails to select an option, the employee will be deemed to have selected Option (a), 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.
6.1.6 A copy of any letter issued by the Employer under this part or notice of lay-off pursuant to the Public Service Employment Act shall be sent forthwith to the President of PIPSC.
The Voluntary Departure Program supports employees in leaving the public service when placed in affected status prior to entering a selection of employees for retention or Layoff (SERLO) process, and does not apply if the deputy head can provide a guarantee of a reasonable job offer (GRJO) to affected employees in the work unit.
6.2.1 Departments and organizations shall establish internal voluntary departure programs for all workforce adjustment situations in which the workforce will be reduced and that involves five (5) or more affected employees working at the same group and level within the same work unit and where the deputy head cannot provide a guarantee of a reasonable job offer.
6.2.2 When such voluntary programs are established, employees who volunteer and who are selected for workforce adjustment will be made opting employees.
6.2.3 When the number of volunteers is larger than the required number of positions to be eliminated, volunteers will be selected based on seniority (total years of service in the public service, whether continuous or discontinuous).
6.3.1 All departments or organizations must participate in the alternation process.
6.3.2 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.
6.3.3
6.3.4 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.
6.3.5 An alternation must permanently eliminate a function or a position.
6.3.6 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.
6.3.7 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 equivalent. They are considered equivalent 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.
6.3.8 An alternation must occur on a given date, that is, two (2) employees directly exchange positions on the same day. There is no provision in alternation for a “domino” effect or for “future considerations.”
For clarity, the alternation of positions shall take place on a given date after approval but may take place after the opting one hundred and twenty (120) day period, such as when the processing of the approved alternation is delayed due to the administrative requirements.
6.4.1 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:
6.4.2 Management will establish the departure date of opting employees who choose Option (b) or Option (c) above.
6.4.3 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.
6.4.4 In the cases of: pay in lieu of unfulfilled surplus period, Options (b) and (c)(i), the employee relinquishes any priority rights for reappointment upon acceptance of his or her resignation.
6.4.5 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.
6.4.6 All opting employees will be entitled to up to one thousand dollars ($1,000) towards counselling services in respect of their potential re-employment or retirement. Such counselling services may include financial, and job placement counselling services.
6.4.7 An opting employee who has received pay in lieu of unfulfilled surplus period, a TSM or an education allowance and is reappointed to the public service shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of such reappointment or hiring, to the end of the original period for which the TSM or education allowance was paid.
6.4.8 Notwithstanding section 6.4.7, 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.
6.4.9 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.
6.4.10 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.
6.4.11 Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied.
6.5.1 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.
6.5.2 All employees accepting retention payments must agree to leave the core public administration without priority rights.
6.5.3 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 Schedule I and IV of the Financial Administration Act, or 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 reappointment or hiring, to the end of the original period for which the lump sum was paid.
6.5.4 The provisions of 6.5.5 shall apply in total facility closures where public service jobs are to cease, and:
6.5.5 Subject to 6.5.4, 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 equivalent to six (6) months’ pay payable upon the day on which the departmental or organizational operation ceases, provided the employee has not separated prematurely.
6.5.6 The provisions of 6.5.7 shall apply in relocation of work units where core public administration work units:
6.5.7 Subject to 6.5.6, 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.
6.5.8 The provisions of 6.5.9 shall apply in alternative delivery initiatives:
6.5.9 Subject to 6.5.8, 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 equivalent to six (6) months’ pay payable upon the transfer date, provided the employee has not separated prematurely.
The administration of the provisions of this part will be guided by the following principles:
The parties recognize:
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; 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; termination of employment (licenciement de l’employé) is the termination of employment referred to in paragraph 12(1)(f) of the Financial Administration Act (FAA);
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 resources 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.
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:
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.
7.3.1 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.
7.4.1 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.
7.5.1 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.
7.6.1 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.
7.7.1 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-four (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.
7.8.1 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 Schedule I and IV of 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 reappointment 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 Schedule I and IV of the Financial Administration Act or 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.
7.9.1 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.
However, an employee who has a severance termination benefit entitlement under the terms of paragraph 19.06(b) or (c) of Appendix “C” shall be paid this entitlement at the time of transfer.
7.9.3 Where:
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.
| Years of service in the public service | Transition Support Measure (TSM) (payment in weeks’ pay) |
|---|---|
| 0 | 10 |
| 1 | 22 |
| 2 | 24 |
| 3 | 26 |
| 4 | 28 |
| 5 | 30 |
| 6 | 32 |
| 7 | 34 |
| 8 | 36 |
| 9 | 38 |
| 10 | 40 |
| 11 | 42 |
| 12 | 44 |
| 13 | 46 |
| 14 | 48 |
| 15 | 50 |
| 16 | 52 |
| 17 | 52 |
| 18 | 52 |
| 19 | 52 |
| 20 | 52 |
| 21 | 52 |
| 22 | 52 |
| 23 | 52 |
| 24 | 52 |
| 25 | 52 |
| 26 | 52 |
| 27 | 52 |
| 28 | 52 |
| 29 | 52 |
| 30 | 49 |
| 31 | 46 |
| 32 | 43 |
| 33 | 40 |
| 34 | 37 |
| 35 | 34 |
| 36 | 31 |
| 37 | 28 |
| 38 | 25 |
| 39 | 22 |
| 40 | 19 |
| 41 | 16 |
| 42 | 13 |
| 43 | 10 |
| 44 | 07 |
| 45 | 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.
This memorandum is to give effect to the agreement reached between the Employer and the Professional Institute of the Public Service of Canada in respect of employees in the Applied Science and Patent Examination, Architecture, Engineering and Land Survey, Audit, Commerce and Purchasing, Computer Systems, Health Services and Research bargaining units.
To address the issues raised at the common workforce adjustment table concerning the establishment of voluntary departure programs in departments prior to workforce adjustment situations involving five (5) or more employees working at the same group and level, the Employer and the Professional Institute of the Public Service of Canada agree to establish a joint working group to meet within ninety (90) days of the signing of the agreement(s), to assemble and evaluate existing departmental voluntary departure guidelines and procedures.
In consultation, the working group will report to the parties within twelve (12) months of the signing of the agreement regarding best practices for addressing voluntary departures prior to workforce adjustment situations.
Within sixty (60) days of the working group’s report, The Employer shall issue a communiqué to the head of human resources of each department or organization containing the best practices identified by the working group. A copy will be sent to the President of PIPSC.
All costs associated with the working group will be the responsibility of each party.
This appendix is to reflect the language agreed to by the Employer and the Professional Institute of the Public Service of Canada for the elimination of severance pay for voluntary separations (resignation and retirement) on December 14, 2012 . These historical provisions are being reproduced to reflect the agreed language in cases of deferred payment.
Effective on December 14, 2012 , paragraphs 19.01(b) and (c) are deleted from the collective agreement.
19.01 Under the following circumstances and subject to clause 19.02, an employee shall receive severance benefits calculated on the basis of his weekly rate of pay:
19.02 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 any type of termination benefit. Under no circumstances shall the maximum severance pay provided under this article be pyramided.
For greater certainty, payments made pursuant to 19.05 to 19.08 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of 19.02.
19.03 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 his certificate of appointment, immediately prior to the termination of his employment.
19.04 Appointment to a separate agency
An employee who resigns to accept an appointment with an organization listed in the FAA Schedule V shall be paid all severance payments resulting from the application of 19.01(b) (prior to the date of signing) or 19.05 to 19.08 (commencing on date of signing).
19.05 Severance termination
19.06 Options
The amount to which an employee is entitled shall be paid, at the employee’s discretion, either:
19.07 Selection of option
19.08 Appointment from a different bargaining unit
This clause applies in a situation where an employee is appointed into a position in the AV bargaining unit from a position outside the AV bargaining unit where, at the date of appointment, provisions similar to those in 19.01(b) and (c) are still in force, unless the appointment is only on an acting basis.
This memorandum of agreement is to give effect to the agreement reached between the Employer and the bargaining agent (hereinafter referred to as “the parties”) regarding issues of employee wellness. This MOA replaces the prior Employee Wellness MOA previously signed.
The parties have engaged in meaningful negotiations and co-development of comprehensive EWSP language and program design to capture the key features and other recommendations agreed to by the technical committee and steering committee, which is reflected in the Plan Document agreed to by the parties on May 26, 2019 .
The program and its principles focus on improving employee wellness and the reintegration of employees into the workplace after periods of leave due to illness or injury. The previous MOA identified the following key features:
The Plan Document approved on May 26, 2019 , takes precedence over the principles if there’s a difference in interpretation.
The parties agree to continue the work of the TBS / Bargaining Agent Employee Wellness Support Program (EWSP) Steering Committee, which will focus on finalizing a service delivery model for program implementation, including its governance, for the improvement of employee wellness and the reintegration of employees into the workplace after periods of leave due to illness or injury.
As required, the Steering Committee will direct a subcommittee to make recommendations on the overall implementation, service delivery and governance issues of the Program. As a first priority, the Steering Committee will develop a planning framework with timelines to guide work toward the timely implementation of the new EWSP. A governance model will be developed taking into account there will be only one (1) EWSP.
The Steering Committee will complete the necessary work on overall implementation, including service delivery and governance issues no later than March 21, 2020 , a date which can be moved based on mutual agreement of the parties.
If accepted by the Steering Committee, the recommendation(s) concerning program implementation, including service delivery and governance, as well as the proposal for the EWSP itself, approval will be sought on these elements from the Treasury Board of Canada and by the bargaining units.
If approved by both parties, the parties mutually consent to reopen the collective agreement to vary the agreement only insofar as to include the EWSP wording, and include consequential changes. No further items are to be varied through this reopener – the sole purpose will be EWSP-related modifications. The EWSP Program would be included in the relevant collective agreements only as a reopener.
Should the parties not be able to reach agreement on EWSP, the existing sick leave provisions, as currently stipulated in collective agreements, will remain in force.
For greater certainty, this MoA forms part of the collective agreement.
Notwithstanding the provisions of clause 45.05 on the calculation of retroactive payments and clause 48.03 on the collective agreement implementation period, this memorandum is to give effect to the understanding reached between the Employer and the Professional Institute of the Public Service of Canada regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.
This memorandum is to give effect to the agreement reached between the Treasury Board of Canada and the Professional Institute of the Public Service of Canada regarding the review of language in the AV, CS, NR, RE, SH and SP collective agreements.
Both parties are committed to and support gender neutrality and inclusivity. To that end, the parties commit to, during the life of the above-noted collective agreements, establishing a Joint Committee to review the collective agreements to identify opportunities to render the language more gender-inclusive. The parties agree that any changes in language will not result in changes in application, scope or value.
Both parties acknowledge that gender inclusivity is more difficult to achieve in the French language compared to the English language, but are committed nonetheless to further supporting and increasing gender neutrality and inclusivity in the collective agreement.
The Joint Committee agrees to begin their work in 2020 and will endeavour to finalize the review by December 2021 . These timelines may be extended by mutual agreement.
This memorandum is to give effect to the agreement reached between the Treasury Board and the Professional Institute of the Public Service of Canada (the Institute).
Both parties share the objective of creating healthy work environments that are free from harassment and violence. In the context of the passage of Bill C-65, An Act to amend the Canada Labour Code by the Government of Canada, as well as the Clerk of the Privy Council’s initiative to take action to eliminate workplace harassment, the Treasury Board is developing a new directive covering both harassment and violence situations.
During this process, the Treasury Board will consult with the members of National Joint Council (NJC) on the following:
Should the Institute request, the Employer would, in addition to the NJC consultations, agree to bilateral discussions with the Institute. Following such discussions, a report will be provided to the NJC.
The implementation and application of this directive do not fall within the purview of this MOU or the collective agreement.
This memorandum expires upon issuance of the new directive or June 21, 2022 , whichever comes first.
This memorandum is to give effect to an agreement reached between the Employer and the Professional Institute of the Public Service of Canada (the Institute) regarding consultation on the development of the next-generation Human Resources (HR) and pay system.
Both parties recognize the challenges of the Phoenix pay system. A Joint Union-Management Consultation Committee on next-generation HR and pay system has been established to advance the mutual goal of discussing and identifying opportunities and considerations for a potential next-generation HR and pay system that meets the legitimate needs of the Employer and the employees.
This memorandum will confirm the Employer’s commitment to continue consultation with the Institute on the next-generation HR and pay at the Joint Union-Management Committee with respect to the development of a next-generation HR and pay system.
This memorandum of understanding expires on June 21, 2022 .
This memorandum of understanding (MoU) is to give effect to an agreement reached between the Treasury Board (the Employer) and the Professional Institute of the Public Service of Canada (the Institute) to implement a system of cost recovery for leave for union business.
The parties agree to this MoU as a direct result of current Phoenix pay system implementation concerns related to the administration of leave without pay for union business.
Leave granted to an employee under the following clauses of the collective agreement:
will be with pay for a total cumulative maximum period of three (3) months per fiscal year.
Its agreed that leave with pay granted under the above-noted clauses for union business will be paid for by the Employer, pursuant to this MoU, effective upon its signature.
The Institute shall then reimburse the Employer for the total salary paid, including allowances if applicable, for each person-day, in addition to which shall also be paid to the Employer by the Institute an amount equal to six percent (6%) of the total salary paid for each person-day, which sum represents the Employer’s contribution for the benefits the employee acquired at work during the period of approved leave with pay pursuant to this MoU.
Leave with pay in excess of the total cumulative maximum period of three (3) months per fiscal year may be granted under the above-noted clauses in reasonably limited circumstances. Where leave with pay is extended under such circumstances, the Institute shall reimburse the Employer for the total salary paid, including applicable allowances, for each person-day, in addition to an amount equal to thirteen decimal three percent (13.3%) of the total salary paid for each person-day.
Under no circumstances will leave with pay under the above-noted clause be granted for any single consecutive period exceeding three (3) months ; or for cumulative periods exceeding six (6) months in a twelve (12) months period.
This MoU does not alter the approval threshold for the leave. Should an employee be denied extended leave with pay exceeding three (3) cumulative months or a single consecutive three (3) month period within a fiscal year and the employee’s union leave is otherwise approved pursuant to the relevant clauses at article 30, they shall take the leave as leave without pay.
On a bimonthly basis, and within 120 days of the end of the relevant period of leave, the hiring department/agency will invoice the Institute for the amount owed to them by virtue of this understanding. The amount of the gross salaries and the number of days of leave taken for each employee will be included in the statement.
The Institute agrees to reimburse the department/agency for the invoice within sixty (60) days of the date of the invoice.
This memorandum of understanding expires on September 30, 2022 , or upon implementation of the next-generation HR and pay system, whichever comes first, unless otherwise agreed by the parties.
This memorandum is to give effect to the agreement reached between the Employer and the Professional Institute of the Public Service of Canada (the Institute) on certain terms and conditions of employment applicable to employees that were Royal Canadian Mounted Police (RCMP) Civilian Members on the day immediately preceding the date on which they were deemed to be persons appointed under the Public Service Employment Act as per the date published in the Canada Gazette (date of deeming).
The parties agree that the terms and conditions of employment applicable to RCMP civilian members will remain in effect until the earlier of the date of deeming or until a date mutually agreed to by the parties. The provisions of the collective agreement and this memorandum of agreement will apply to civilian members thereafter. For greater clarity, paragraphs 3(a). to (c). of the “Memorandum of Understanding between the Treasury Board and the Bargaining Agents with Respect to Implementation of the Collective Agreement” as agreed to by the Institute and Treasury Board do not apply to civilian members.
Upon written request of the Institute, the Employer agrees to incorporate into this agreement any civilian member transition measures, negotiated with any other bargaining agents between now and the date of deeming, that are more generous than those contained in this agreement.
Any amendments to this agreement shall require the written agreement of the Institute and the Employer.
Notwithstanding the applicability of the general provisions of this collective agreement, the following specific provisions also shall apply to deemed civilian members (thereafter former civilian members).
The transition measures contained in this agreement will continue for as long as the former civilian member remains within a bargaining unit represented by the Institute, either:
The Employer agrees to accept any unused, earned leave banks of a former civilian member to which he or she was entitled to on the day immediately prior to the date of deeming (including vacation leave credits, lieu time, operational response, and isolated post credits).
For greater clarity, existing leave banks will not be pro-rated to reflect the change from a forty (40) hour workweek to a thirty-seven decimal five (37.5) hour workweek.
The Employer agrees to maintain the vacation leave credit accrual entitlement that is in effect on the day immediately prior to the date of deeming. The former civilian member will maintain his or her vacation leave entitlement until the next anniversary of service threshold, provided that the vacation leave credit accrual schedule contained in this collective agreement is equal to or greater than their corresponding leave entitlement.
For greater clarity, the vacation accrual rate post deeming will be pro-rated to reflect the change from a 40 hour workweek to a 37.5 hour workweek in accordance with the following table:
| Vacation leave accrual rate prior to deeming (i.e., forty (40) hour workweek (CM)) (hourly credits per month) | Vacation leave accrual rate post deeming (i.e., thirty-seven decimal five (37.5) hour workweek (PSE)) (hourly credits per month) |
|---|---|
| 10 | 9.375 |
| 13.33 | 12.5 |
| 16.66 | 15.625 |
| 20 | 18.75 |
Former civilian members will be granted forty (40) hours of vacation leave credits and these credits will not be subject to the carry-over provisions of the applicable collective agreement.
Former civilian members are subject to all other provisions outlined in the vacation leave article of the relevant collective agreement.
In recognition of the civilian members’ transition from an unrestricted sick leave regime to a sick leave bank regime, upon the date of deeming, former civilian members shall be granted a bank of sick leave credits that is the greater of six decimal two five (6.25) hours for each completed calendar month of service or four hundred and eighty-seven decimal five (487.5) hours of sick leave credits.
The anniversary date for the purpose of pay increment will be the date on which the former civilian member received her or his last pay increment.
Upon the date of deeming, former civilian members who were relocated at the Crown’s expense will be eligible for a retirement relocation. Claims for reimbursement of relocation expenses shall be paid in accordance with the Treasury Board Secretariat of Canada (TBS) approved RCMP Relocation Policy that is in effect at the time the former civilian member retires from the core public administration. The Employer also agrees to consult with the Institute about any contemplated changes to this policy.
Former civilian members shall remain eligible for funeral and burial entitlements in accordance with the RCMP’s Death Benefits, Funeral and Burial Entitlements Policy that is in effect at the time the benefits are applied for. The Employer also agrees to consult with the Institute about any contemplated changes to this policy.
Upon their retirement, these entitlements will continue until their death.
Signed at Ottawa this 14th day of the month of June 2019 .
