This copy is for reference only! DO NOT USE FOR GREIVANCES!
Contact your manager to obtain a copy which they are required to provide you with.
Program Delivery and Administrative Services
Expiry Date: October 31, 2007
Agreement between the Canada Customs
and Revenue Agency and the Public
Service Alliance of Canada
Program Delivery and Administrative Services
Expiry Date: October 31, 2007
Note
Articles preceded by two asterisks have been the object of changes from
the previous collective agreement.
TABLE OF CONTENTS
PART II – UNION SECURITY AND STAFF RELATIONS MATTERS
PART V – OTHER TERMS AND CONDITIONS OF EMPLOYMENT
2) RATES OF PAY AND PAY NOTES (SALARY PROTECTED EMPLOYEES)
PURPOSE AND SCOPE OF AGREEMENT
**
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Alliance, and the employees and to set forth herein certain terms and conditions of employment for all employees of the Employer described in the certificates issued by the Public Service Staff Relations Board on December 12, 2001, for the Program Delivery and Administrative Services Group.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and efficiently 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.
INTERPRETATION AND DEFINITIONS
2.01 For the purpose of this Agreement:
“Alliance” means the Public Service Alliance of Canada (Alliance),
“allowance” means compensation payable for the performance of special or additional duties(indemnité),
**
“alternate provision” means a provision of this Agreement which may only have application to certain employees within a bargaining unit (disposition de dérogation),
The following definition applies to employees classified as GL and GS only:
“annual rate of pay” means an employee’s weekly rate of pay multiplied by fifty-two point one seventy-six (52.176) (taux de rémunération annuel),
“bargaining unit” means the employees of the Employer in the Program Delivery and Administrative Services Group described in Article 1 (unité de négociation),
**
“common-law partner” means a person living in a conjugal relationship with an employee for a continuous period of at least one year (conjoint de fait),
“compensatory leave” means leave with pay in lieu of cash payment for overtime, 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 (congé compensateur),
“continuous employment” has the same meaning as specified in the Employer’s Terms and Conditions of Employment Policy on the date of signing of this Agreement (emploi continu),
“daily rate of pay” means an employee’s weekly rate of pay divided by five (5) (taux de rémunération journalier),
“daily rate of pay” for employees classified as GL and GS means an employee’s hourly rate of pay times the employee’s normal number of hours of work per day,
“day of rest” in relation to a full-time employee, means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave or absent from duty without permission (jour de repos),
“double time” means two (2) times the employee’s hourly rate of pay (tarif double),
“employee” means a person so defined in the Public Service Staff Relations Act and who is a member of one of the bargaining units specified in Article 1 (employé-e),
“Employer” means Her Majesty in right of Canada as represented by the Canada Customs and Revenue Agency, and includes any person authorized to exercise the authority of the CCRA (Employeur),
**
“excluded provision” means a provision of this Agreement which may have no application at all to certain employees within a bargaining unit for which there are no alternate provisions (disposition exclue),
“headquarters area” has the same meaning as given to the expression in the Employer’s Travel Policy (zone d’affectation),
“holiday” (jour férié) means:
(i) the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in this Agreement,
(ii) however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed to have been entirely worked:
(A) on the day it commenced where half (1/2) or more of the hours worked fall on that day,
or
(B) on the day it terminates where more than half (1/2) of the hours worked fall on that day,
The following definition does not apply to employees classified as GL and GS:
“hourly rate of pay” means a full-time employee’s weekly rate of pay divided by thirty-seven and one-half (37 1/2) (taux de rémunération horaire),
“lay-off” means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function (mise en disponibilité),
“leave” means authorized absence from duty by an employee during his or her regular or normal hours of work (congé),
“membership dues” means the dues established pursuant to the constitution of the Alliance as the dues payable by its members as a consequence of their membership in the Alliance, and shall not include any initiation fee, insurance premium, or special levy (cotisations syndicales),
“overtime” (heures supplémentaires) means:
(i) in the case of a full-time employee, authorized work in excess of the employee’s scheduled hours of work,
or
(ii) in the case of a part-time employee, authorized work in excess of seven and one-half (7 1/2) hours per day or thirty-seven and one-half (37 1/2) hours per week, but does not include time worked on a holiday,
or
(iii) in the case of a part-time employee whose normal scheduled hours of work are in excess of seven and one-half (7 1/2) hours per day in accordance with the Variable Hours of Work provisions (clauses 25.24 to 25.27), authorized work in excess of those normal scheduled daily hours or an average of thirty-seven and one-half (37 1/2) hours per week,
The following definition applies to employees classified as GL only:
“pay” means basic rate of pay as specified in Appendix “A” and includes supervisory differential(rémunération),
The following definition applies to employees in the Technical Services Group only:
“remuneration” means pay and allowances (rémunération),
**
“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 (épou-x-se),
“straight-time rate” means the employee’s hourly rate of pay (tarif normal),
“time and one-half” means one and one-half (1 1/2) times the employee’s hourly rate of pay (tarif et demi),
“time and three quarters” means one and three quarters (1 3/4) times the employee’s hourly rate of pay (tarif et trois-quarts),
“weekly rate of pay” means an employee’s annual rate of pay divided by 52.176 (taux de rémunération hebdomadaire),
“weekly rate of pay” for employees classified as GL and GS means an employee’s daily rate of pay multiplied by five (5),
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
(a) if defined in the Public Service Staff Relations Act, have the same meaning as given to them in the Public Service Staff Relations Act;
and
(b) if defined in the Interpretation Act, but not defined in the Public Service Staff Relations Act, have the same meaning as given to them in the Interpretation Act.
2.03 For the purpose of this agreement:
(a) the term “Operational Services Group” includes employees classified as GL and GS;
(b) the term “Program and Administrative Services Group” includes employees classified as AS, CR, DA, IS, MG, OE, OM, PG, PM and ST;
(c) the term “Technical Services Group” includes employees classified as DD, EG, GT and PR.
APPLICATION
3.01 The provisions of this Agreement apply to the Alliance, employees, and the Employer.
3.02 Both the English and French texts of this Agreement shall be official.
STATE SECURITY
4.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction, or regulations given or made by, or on behalf of the Government of Canada in the interest of the safety or security of Canada, or any state allied or associated with Canada.
PRECEDENCE OF LEGISLATION AND THE COLLECTIVE AGREEMENT
5.01 In the event that any law passed by Parliament, applying to employees, renders null and void any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement.
MANAGERIAL RESPONSIBILITIES
6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the Public Service.
(RESERVED FOR FUTURE USE)
DENTAL CARE PLAN
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8.01 The Agency will continue to offer coverage to employees under the Dental Care Plan as contained in the Agreement between the Treasury Board and the Public Service Alliance of Canada, as amended from time to time by the terms and conditions of the Dental Care Plan Agreement between the Public Service Alliance of Canada and the Treasury Board.
PART II – UNION SECURITY AND STAFF RELATIONS MATTERS
RECOGNITION
9.01 The Employer recognizes the Alliance as the exclusive bargaining agent for all employees of the Employer described in the certificates issued by the Public Service Staff Relations Board as outlined in Article 1.01.
INFORMATION
10.01 The Employer agrees to supply the Alliance, each quarter, with the name, geographic location, and classification of each new employee.
10.02 The Employer agrees to supply each employee with a copy of this Agreement and will endeavour to do so within one (1) month after receipt from the printer.
CHECK-OFF
11.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees. Where an employee does not have sufficient earnings in respect of any month to permit deductions made under this Article, the Employer shall not be obligated to make such deduction from subsequent salary.
11.02 The Alliance shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee.
11.03 For the purpose of applying clause 11.01, deductions from pay for each employee in respect of each calendar month will start with the first full calendar month of employment to the extent that earnings are available.
11.04 An employee who satisfies the Employer to the extent that he or she declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved.
11.05 No employee organization, as defined in Section 2 of the Public Service Staff Relations Act, other than the Alliance, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees.
11.06 The amounts deducted in accordance with clause 11.01 shall be remitted to the Comptroller of the Alliance by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee’s behalf.
11.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.
11.08 The Alliance 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 limited to the amount actually involved in the error.
USE OF EMPLOYER FACILITIES
12.01 Reasonable space on bulletin boards in convenient locations will be made available to the Alliance for the posting of official Alliance notices. The Alliance 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 related to the business affairs of the Alliance, including the names of Alliance representatives, and social and recreational events. Such approval shall not be unreasonably withheld.
12.02 The Employer will also continue its present practice of making available to the Alliance specific locations on its premises for the placement of reasonable quantities of literature of the Alliance.
12.03 A duly accredited representative of the Alliance 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.
12.04 The Alliance shall provide the Employer a list of such Alliance representatives and shall advise promptly of any change made to the list.
EMPLOYEE REPRESENTATIVES
13.01 The Employer acknowledges the right of the Alliance to appoint or otherwise select employees as representatives.
13.02 The Alliance and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of the organization, the number and distribution of employees at the work place, 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.
13.03 The Alliance shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 13.02.
13.04
(a) A representative shall obtain the permission of his or her immediate supervisor before leaving his or her 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 or her supervisor before resuming his or her normal duties.
(b) Where practicable, when management requests the presence of an Alliance representative at a meeting, such request will be communicated to the employee’s supervisor.
(c) An employee shall not suffer any loss of pay when permitted to leave his or her work under paragraph (a).
13.05 The Alliance 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.
LEAVE WITH OR WITHOUT PAY FOR ALLIANCE BUSINESS
Complaints made to the Public Service Staff Relations Board pursuant to Section 23 of the Public Service Staff Relations Act
14.01 When operational requirements permit, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his or her own behalf, before the Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Alliance making a complaint.
Applications for Certification, Representations, and Interventions with respect to Applications for Certification
14.02 When operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Alliance in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
14.03 The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations Board,
and
(b) when operational requirements permit, to an employee called as a witness by an employee or the Alliance.
Arbitration Board Hearings, Conciliation Board Hearings, and Alternate Dispute Resolution Process
14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Alliance before an Arbitration Board, Conciliation Board, or in an Alternate Dispute Resolution Process.
14.05 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Conciliation Board, or in an Alternate Dispute Resolution Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Alliance.
Adjudication
14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to the adjudication,
(b) the representative of an employee who is a party to an adjudication,
and
(c) a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of his or her grievance, the Employer will, where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes place in their headquarters area, and reasonable leave without pay when it takes place outside their headquarters area.
14.08 Subject to operational requirements,
(a) when the Employer originates a meeting with a grievor in his headquarters area, he or she will be granted leave with pay and “on duty” status when the meeting is held outside the grievor’s headquarters area;
(b) when a grievor seeks to meet with the Employer, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area;
(c) when an employee representative attends a meeting referred to in this clause, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area.
Contract Negotiation Meetings
14.09 When operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Alliance.
Preparatory Contract Negotiation Meetings
14.10 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.
Meetings Between the Alliance and Management Not Otherwise Specified in this Article
14.11 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Alliance.
14.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings of the Board of Directors of the Alliance, meetings of the National Executive of the Components, Executive Board meetings of the Alliance, and conventions of the Alliance, the Components, the Canadian Labour Congress, and the Territorial and Provincial Federations of Labour.
Representatives’ Training Courses
14.13 When operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Alliance to undertake training related to the duties of a representative.
LABOUR DISPUTES
15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.
ILLEGAL STRIKES
16.01 The Public Service Staff Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment pursuant to paragraph 51(1)(f) of the Canada Customs and Revenue Agency Act, for participation in an illegal strike as defined in the Public Service Staff Relations Act.
DISCIPLINE
17.01 When an employee is suspended from duty or terminated in accordance with paragraph 51(1)(f) of the Canada Customs and Revenue Agency Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.
17.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Alliance attend the meeting. Where practicable, the employee shall receive a minimum of one day’s notice of such a meeting.
17.03 The Employer shall notify the local representative of the Alliance as soon as possible that such suspension or termination has occurred.
17.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
17.05 Any document or written statement related to 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.
GRIEVANCE PROCEDURE
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18.01 The parties recognize the value of informally resolving problems prior to presenting a formal grievance or using alternative dispute resolution mechanisms to resolve grievances that are presented in accordance with this Article. Accordingly, when an employee:
(a) within the time limits prescribed in clause 18.10, gives notice that he/she wishes to take advantage of this clause for the purpose of informally resolving a problem without recourse to a formal grievance and facilitating discussions between the employee and their supervisors, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits;
or,
(b) following the presentation of a grievance and within the time limits prescribed under this Article, gives notice to the delegated grievance step authority of his/her intention to take advantage of alternative dispute resolution mechanisms, the time limits stipulated in this Article may be extended by mutual agreement between the Employer and the Employee and, where appropriate, the Alliance representative.
(c) No representative of the Employer or the Bargaining Agent shall seek by intimidation, threat or any other means to compel an employee to either participate or not participate in an alternate dispute resolution mechanism.
(d) When an employee wishes to take advantage of a process outlined under 18.01 (a) or 18.01 (b) above that pertains to the application of a provision of the collective agreement, the employee may, at his or her request, be represented by the Alliance at any meeting or mediation session held to deal with the matter.
18.02 Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any 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 18.05 except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the employee’s specific complaint, such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this Agreement or an arbitral award, the employee is not entitled to present the grievance unless he or she has the approval of and is represented by the Alliance.
18.03 Except as otherwise provided in this Agreement, a grievance shall be processed by recourse to the following levels:
(a) level 1 – first level of management;
(b) levels 2 and 3 – intermediate level(s) where such level or levels are established in the Agency;
(c) final level – the Commissioner or his authorized representative.
Whenever there are four levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.
18.04 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee, to whom the procedure applies, of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented. 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 Alliance.
18.05 An employee who wishes to present a grievance at a prescribed level in the grievance procedure shall transmit this grievance to his or her immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the grievance was received by him or her.
18.06 Where 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 date it is delivered to the appropriate office of the department or agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his or her grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.
18.07 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Employer.
18.08 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any level.
18.09 The Alliance shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the Commissioner, the Commissioner shall render the decision.
18.10 An employee may present a grievance to the First Level of the procedure in the manner prescribed in clause 18.05 not later than the twenty-fifth (25th) day after the date on which he or she is notified orally or in writing, or on which he or she first becomes aware of the action or circumstances giving rise to the grievance.
18.11 The Employer shall normally reply to an employee’s grievance, at any level in the grievance procedure, except the final level, within ten (10) days after the date the grievance is presented at that level. Where such decision or settlement is not satisfactory to the employee, he or she may submit a grievance at the next higher level in the grievance procedure within ten (10) days after that decision or settlement has been conveyed to him or her in writing.
18.12 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at any level, except the final level, the employee may, within the next ten (10) days, submit the grievance at the next higher level of the grievance procedure.
18.13 The Employer shall normally reply to an employee’s grievance at the final level of the grievance procedure within thirty (30) days after the grievance is presented at that level.
18.14 Where an employee has been represented by the Alliance in the presentation of his or her grievance, the Employer will provide the appropriate representative of the Alliance with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee.
18.15 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.
18.16 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.
18.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Alliance representative.
18.18 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels, except the final level may be eliminated by agreement of the Employer and the employee, and, where applicable, the Alliance.
18.19 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 51(1)(f) or (g) of the Canada Customs and Revenue Agency Act, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be presented at the final level only.
18.20 An employee may abandon a grievance by written notice to his or her immediate supervisor or officer-in-charge.
18.21 An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless the employee was unable to comply with the prescribed time limits due to circumstances beyond his or her control.
18.22 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal, or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance as provided in this Agreement.
18.23 Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with respect to:
(a) the interpretation or application, in respect of him or her, of a provision of this Agreement or a related arbitral award,
or
(b) disciplinary action resulting in termination of employment pursuant to paragraph 51(1)(f) of the Canada Customs and Revenue Agency Act, suspension or financial penalty,
and the employee’s grievance has not been dealt with to his or her satisfaction, he or she may refer the grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act and Regulations.
18.24 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application, in respect of him or her, of a provision of this Agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Alliance signifies in the prescribed manner:
(a) its approval of the reference of the grievance to adjudication,
and
(b) its willingness to represent the employee in the adjudication proceedings.
Expedited Adjudication
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18.25 The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:
(a) At the request of either party, a grievance that has been referred to adjudication may be dealt with through Expedited Adjudication with the consent of both parties.
(b) When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Alliance will submit to the PSSRB the consent form signed by the grievor or the bargaining agent.
(c) The parties may proceed with or without an Agreed Statement of Facts. When the parties arrive at an Agreed Statement of Facts it will be submitted to the PSSRB or to the Adjudicator at the hearing.
(d) No witnesses will testify.
(e) The Adjudicator will be appointed by the PSSRB from among its members who have had at least three years experience as a member of the Board.
(f) Each Expedited Adjudication session will take place in Ottawa, unless the parties and the PSSRB agree otherwise. The cases will be scheduled jointly by the parties and the PSSRB, and will appear on the PSSRB schedule.
(g) The Adjudicator will make an oral determination at the hearing, which will be recorded and initialed by the representatives of the parties. This will be confirmed in a written determination to be issued by the Adjudicator within five days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a particular case.
(h) The Adjudicator’s determination will be final and binding on all the parties, but will not constitute a precedent. The parties agree not to refer the determination to the Federal Court.
NO DISCRIMINATION
19.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Alliance, marital status, or a conviction for which a pardon has been granted.
19.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If, by reason of paragraph (a), a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
19.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
SEXUAL HARASSMENT
20.01 The Alliance and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.
20.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
(b) If, by reason of paragraph (a), a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
20.03 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.
JOINT CONSULTATION
21.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.
21.02 Within five (5) days of notification of consultation served by either party, the Alliance shall notify the Employer in writing of the representatives authorized to act on behalf of the Alliance for consultation purposes.
21.03 Upon request of either party, the parties to this Agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.
21.04 Without prejudice to the position the Employer or the Alliance may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the parties.
HEALTH AND SAFETY
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22.01 The parties recognize the Canada Labour Code (CLC), Part II, and all provisions and regulations flowing from the CLC as the authority governing occupational safety and health in the Canada Customs and Revenue Agency.
22.02 The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Alliance, 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.
JOB SECURITY
23.01 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 work force will be accomplished through attrition.
TECHNOLOGICAL CHANGE
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24.01 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, Appendix “C” on Work Force Adjustment will apply. In all other cases, the following clauses will apply.
24.02 In this Article, “Technological Change” means:
(a) the introduction, by the Employer, of equipment or material of a different nature than that previously utilized;
and
(b) a change in the Employer’s operation directly related to the introduction of that equipment or material.
24.03 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.
24.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days written notice to the Alliance 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.
24.05 The written notice provided for in clause 24.04 will provide the following information:
(a) the nature and degree of the technological change;
(b) the date or dates on which the Employer proposes to effect the technological change;
(c) the location or locations involved;
(d) the approximate number and type of employees likely to be affected by the technological change;
(e) the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.
24.06 As soon as reasonably practicable after notice is given under clause 24.04, the Employer shall consult meaningfully with the Alliance concerning the rationale for the change and the topics referred to in clause 24.05 on each group of employees, including training.
24.07 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 the employee’s substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee’s working hours without loss of pay and at no cost to the employee.
HOURS OF WORK
General
25.01 For the purpose of this Article:
(a) the week shall consist of seven (7) consecutive days beginning at 00:00 hours Monday morning and ending at 24:00 hours Sunday;
(b) the day is a twenty-four (24)-hour period commencing at 00:00 hours.
25.02 Nothing in this Article shall be construed as guaranteeing minimum or maximum hours of work. In no case shall this permit the Employer to reduce the hours of work of a full-time employee permanently.
25.03 The employees may be required to register their attendance in a form or in forms to be determined by the Employer.
25.04 It is recognized that certain operations require some employees to stay on the job for a full scheduled work period, inclusive of their meal period. In these operations, such employees will be compensated for their half (1/2)-hour meal period in accordance with the applicable overtime provisions.
25.05 The Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day except on occasions when operational requirements do not permit.
Day Work
25.06 Except as provided for in clauses 25.09, 25.10, and 25.11:
(a) the normal work week shall be thirty-seven and one-half (37 1/2) hours from Monday to Friday inclusive,
and
(b) the normal work day shall be seven and one-half (7 1/2) consecutive hours, exclusive of a lunch period, between the hours of 7 a.m. and 6 p.m. except for employees in the Technical Services Group whose hours of work shall be between the hours of 6 a.m. and 6 p.m.
25.07 Employees shall be informed by written notice of their scheduled hours of work. Any changes to the scheduled hours shall be by written notice to the employee(s) concerned. The Employer will endeavor to provide seven (7) days notice for changes to the scheduled hours of work.
25.08 Flexible Hours
Subject to operational requirements, an employee on day work shall have the right to select and request flexible hours between 7 a.m. and 6 p.m. (6 a.m. and 6 p.m. for employees in the Technical Services Group) and such request shall not be unreasonably denied.
25.09 Variable Hours
(a) Notwithstanding the provisions of clause 25.06, upon request of an employee and the concurrence of the Employer, an employee may complete the weekly hours of employment in a period of other than five (5) full days provided that over a period of fourteen (14), twenty-one (21), or twenty-eight (28) calendar days, the employee works an average of thirty-seven and one-half (37 1/2) hours per week.
(b) In every fourteen (14), twenty-one (21), or twenty-eight (28) day period, the employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.
(c) Employees covered by this clause shall be subject to the variable hours of work provisions established in clauses 25.24 to 25.27.
25.10 Summer and winter hours
The weekly and daily hours of work may be varied by the Employer, following consultation with the Alliance to allow for summer and winter hours, provided the annual total of hours is not changed.
25.11 Consultation
Clause 25.11 applies to employees in the Program and Administrative Services Group only.
(a) Where hours of work, other than those provided in clause 25.06, are in existence when this Agreement is signed, the Employer, on request, will consult with the Alliance on such hours of work and in such consultation will establish that such hours are required to meet the needs of the public and/or the efficient operation of the service.
(b) Where hours of work are to be changed so that they are different from those specified in clause 25.06, the Employer, except in cases of emergency, will consult in advance with the Alliance on such hours of work and, in such consultation, will establish that such hours are required to meet the needs of the public and/or the efficient operation of the service. In no case shall the hours under clause 25.06 extend before 6:00 a.m. or beyond 9:00 p.m., or alter the Monday to Friday work week, or the seven and one-half (7 1/2) consecutive hours work day.
(c) Within five (5) days of notification of consultation served by either party, the parties shall notify one another in writing of the representative authorized to act on their behalf for consultation purposes. Consultation will be held at the local level for fact finding and implementation purposes.
(d) It is understood by the parties that this clause will not be applicable in respect of employees whose work week is less than thirty-seven and one-half (37 1/2) hours per week.
25.12
Clause 25.12 applies to employees in the Program and Administrative Services Group only.
(a) An employee on day work whose hours of work are changed to extend before or beyond the stipulated hours of 7:00 a.m. and 6:00 p.m., as provided in clause 25.06(b), and who has not received at least seven (7) days’ notice in advance of the starting time of such change, shall be paid for the first day or shift worked subsequent to such change at the rate of time and one-half (1 1/2) for the first seven hours and one-half (7 1/2) and double time thereafter. Subsequent days or shifts worked on the revised hours shall be paid for at straight-time, subject to Article 28, Overtime.
(b) Late Hour Premium
An employee who is not a shift worker and who completes his work day in accordance with the provisions of paragraph 25.11(b) shall receive a Late Hour Premium of seven dollars ($7) per hour for each hour worked before 7:00 a.m. and after 6:00 p.m. The Late Hour Premium shall not apply to overtime hours.
Shift Work
25.13 When, because of the operational requirements, hours of work are scheduled for employees on a rotating or irregular basis, they shall be scheduled so that employees, over a period of not more than fifty-six (56) calendar days:
(a) on a weekly basis, work an average of thirty-seven and one-half (37 1/2) hours and an average of five (5) days;
(b) work seven and one-half (7 1/2) consecutive hours per day, exclusive of a one-half (1/2) hour meal period;
(c) obtain an average of two (2) days of rest per week;
(d) obtain at least two (2) consecutive days of rest at any one time, except when days of rest are separated by a designated paid holiday which is not worked; the consecutive days of rest may be in separate calendar weeks.
25.14 The Employer will make every reasonable effort:
(a) not to schedule the commencement of a shift within sixteen (16) hours (eight (8) hours for employees in the Operational Services and Technical Services Groups) of the completion of the employee’s previous shift;
and
(b) to avoid excessive fluctuation in hours of work.
Additional provision
Sub-clause (c) applies to employees in the Technical Services Group only.
(c) to consider the wishes of the majority of employees concerned in the arrangement of shifts within a shift schedule.
25.15 The staffing, preparation, posting, and administration of shift schedules are the responsibility of the Employer.
25.16 The Employer shall set up a master shift schedule for a fifty-six (56) day period, posted fifteen (15) days in advance, which will cover the normal requirements of the work area.
25.17 Except as provided for in clauses 25.22 and 25.23, the standard shift schedule is:
(a) 12 midnight to 8 a.m.; 8 a.m. to 4 p.m.; 4 p.m. to 12 midnight;
or alternatively
(b) 11 p.m. to 7 a.m.; 7 a.m. to 3 p.m.; 3 p.m. to 11 p.m.
25.18 A specified meal period shall be scheduled as close to the mid-point of the shift as possible. It is also recognized that the meal period may be staggered for employees on continuous operations. However, the Employer will make every effort to arrange meal periods at times convenient to the employees.
25.19
(a) Where an employee’s scheduled shift does not commence and end on the same day, such shift shall be considered for all purposes to have been entirely worked:
(i) on the day it commenced where half or more of the hours worked fall on that day,
or
(ii) on the day it terminates where more than half of the hours worked fall on that day.
(b) Accordingly, the first day of rest will be considered to start immediately after midnight of the calendar day on which the employee worked or is deemed to have worked his or her last scheduled shift; and the second day of rest will start immediately after midnight of the employee’s first day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.
25.20
(a) An employee who is required to change his or her scheduled shift without receiving at least seven (7) days’ notice in advance of the starting time of such change in his or her scheduled shift, shall be paid for the first shift worked on the revised schedule at the rate of time and one-half (1 1/2) for the first seven and one-half (7 1/2) hours and double time thereafter. Subsequent shifts worked on the revised schedule shall be paid for at straight time, subject to Article 28, Overtime.
Sub-clause (b) applies to employees in the Program and Administrative Services Group only. See alternate provision for other employees.
(b) Every reasonable effort will be made by the Employer to ensure that the employee returns to his or her original shift schedule and returns to his or her originally scheduled days of rest for the duration of the master shift schedule without penalty to the Employer.
Alternate provision
This clause applies to employees classified as GL, GS and of the Technical Services Group only.
(b) The employee shall retain his or her previously scheduled days of rest next following the change, or, if worked, such days of rest shall be compensated in accordance with clause 28.07.
25.21 Provided sufficient advance notice is given, the Employer may:
(a) authorize employees to exchange shifts if there is no increase in cost to the Employer,
and
(b) notwithstanding the provisions of paragraph 25.13(d), authorize employees to exchange shifts for days of rest if there is no increase in cost to the Employer.
25.22
(a) Where shifts, other than those provided in clause 25.17, are in existence when this Agreement is signed, the Employer, on request, will consult with the Alliance on such hours of work and in such consultation will establish that such shifts are required to meet the needs of the public and/or the efficient operation of the service.
(b) Where shifts are to be changed so that they are different from those specified in clause 25.17, the Employer, except in cases of emergency, will consult in advance with the Alliance on such hours of work and, in such consultation, will establish that such hours are required to meet the needs of the public and/or the efficient operation of the service.
(c) Within five (5) days of notification of consultation served by either party, the parties shall notify one another in writing of the representative authorized to act on their behalf for consultation purposes. Consultation will be held at the local level for fact finding and implementation purposes.
25.23 Variable Shift Schedule Arrangements
(a) Notwithstanding the provisions of clauses 25.05 and 25.13 to 25.22 inclusive, consultation may be held at the local level with a view to establishing shift schedules which may be different from those established in clauses 25.13 and 25.17. Such consultation will include all aspects of arrangements of shift schedules.
(b) Once a mutually acceptable agreement is reached at the local level, the proposed variable shift schedule will be submitted at the respective Employer and Alliance Headquarters levels before implementation.
(c) Both parties will endeavour to meet the preferences of the employees in regard to such arrangements.
(d) It is understood that the flexible application of such arrangements must not be incompatible with the intent and spirit of provisions otherwise governing such arrangements. Such flexible application of this clause must respect the average hours of work over the duration of the master schedule and must be consistent with the operational requirements as determined by the Employer.
(e) Employees covered by this clause shall be subject to the Variable Hours of Work provisions established in clauses 25.24 to 25.27, inclusive.
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Terms and Conditions Governing the Administration of Variable
Hours of Work
25.24 The terms and conditions governing the administration of variable hours of work implemented pursuant to clauses 25.09, 25.10, and 25.23 are specified in clauses 25.24 to 25.27, inclusive. This Agreement is modified by these provisions to the extent specified herein.
25.25 Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.
25.26
(a) The scheduled hours of work of any day as set forth in a variable schedule specified in clause 25.24, may exceed or be less than seven and one-half (7 1/2) hours; starting and finishing times, meal breaks, and rest periods shall be determined according to operational requirements as determined by the Employer and the daily hours of work shall be consecutive.
(b) Such schedules shall provide an average of thirty-seven and one-half (37 1/2) hours of work per week over the life of the schedule.
(i) The maximum life of a shift schedule shall be six (6) months.
(ii) The maximum life of other types of schedule shall be twenty-eight (28) days, except when the normal weekly and daily hours of work are varied by the Employer to allow for summer and winter hours in accordance with clause 25.10, in which case the life of a schedule shall be one (1) year.
(c) Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.
25.27 Specific Application of this Agreement
For greater certainty, the following provisions of this Agreement shall be administered as provided herein:
(a) Interpretation and Definitions (clause 2.01)
“Daily rate of pay” – shall not apply.
(b) Minimum Number of Hours Between Shifts
Paragraph 25.14(a), relating to the minimum period between the termination and commencement of the employee’s next shift, shall not apply.
(c) Exchange of Shifts (clause 25.21)
On exchange of shifts between employees, the Employer shall pay as if no exchange had occurred.
(d) Overtime (clauses 28.06 and 28.07)
Overtime shall be compensated for all work performed in excess of an employee’s scheduled hours of work on regular working days or on days of rest at time and three-quarter (1 3/4).
(e) Designated Paid Holidays (clause 30.08)
(i) A designated paid holiday shall account for seven and one-half (7 1/2) hours.
(ii) When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the pay for the hours specified in subparagraph (i), at time and one-half (1 1/2) up to his or her regular scheduled hours worked and at double (2) time for all hours worked in excess of his or her regular scheduled hours.
(f) Travel
Overtime compensation referred to in clause 32.06 shall only be applicable on a work day for hours in excess of the employee’s daily scheduled hours of work.
(g) Acting Pay
The qualifying period for acting pay as specified in paragraph 64.07(a) shall be converted to hours.
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(h) Conversion of Days to Hours
All of the provisions of this Agreement, which specify days shall be converted to hours. Where this Agreement refers to a “day”, it shall be converted to seven decimal five (7.5) hours.
Notwithstanding the above, in Article 47, Bereavement Leave with Pay, a “day” will be equal to a calendar day.
Whenever an employee changes his or her variable hours, or no longer works variable hours, all appropriate adjustments shall be made.
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(i) Leave – General
Leave will be granted on an hourly basis and the hours debited for each period of leave shall be the same as the employee would normally have been scheduled to work on that day.
SHIFT PRINCIPLE
26.01
(a) When a full-time indeterminate employee is required to attend one of the following proceedings outside a period which extends before or beyond three (3) hours his or her scheduled hours of work on a day during which he or she would be eligible for a Shift Premium, the employee may request that his or her hours of work on that day be scheduled between 7 a.m. and 6 p.m.; such request will be granted provided there is no increase in cost to the Employer. In no case will the employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours of rest between the time his or her attendance was no longer required at the proceeding and the beginning of his or her next scheduled work period.
(i) Public Service Staff Relations Board Proceedings Clauses 14.01, 14.02, 14.04, 14.05 and 14.06.
(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings Clauses 14.09 and 14.10.
(iii) Personnel Selection Process Article 49.
(iv) To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee’s position.
(v) Training Courses which the employee is required to attend by the Employer.
(b) Notwithstanding paragraph (a), proceedings described in subparagraph (v) are not subject to the condition that there be no increase in cost to the Employer.
SHIFT PREMIUMS
Excluded provisions
This Article does not apply to employees on day work, covered by clauses 25.06 to 25.12 inclusive.
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27.01 Shift Premium
An employee working on shifts will receive a shift premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between 8:00 a.m. and 4:00 p.m.
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27.02 Weekend Premium
(a) An employee working on shifts during a weekend will receive an additional premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.
(b) Where Saturday and Sunday are not recognized as the weekend at a mission abroad, the Employer may substitute two (2) other contiguous days to conform to local practice.
OVERTIME
28.01 Compensation under this Article shall not be paid for overtime worked by an employee at courses, training sessions, conferences, and seminars unless the employee is required to attend by the Employer.
28.02 (RESERVED FOR FUTURE USE)
28.03 (RESERVED FOR FUTURE USE)
28.04 General
(a) An employee is entitled to overtime compensation under clauses 28.06 and 28.07 for each completed period of fifteen (15) minutes of overtime worked by him or her:
(i) when the overtime work is authorized in advance by the Employer or is in accordance with standard operating instructions,
and
(ii) when the employee does not control the duration of the overtime work.
(b) Employees shall record starting and finishing times of overtime work in a form determined by the Employer.
(c) For the purpose of avoiding the pyramiding of overtime, there shall be no duplication of overtime payments for the same hours worked.
(d) Payments provided under the Overtime, Designated Paid Holidays, and Standby provisions of this Agreement shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.
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28.05 Assignment of Overtime Work
(a) Subject to the operational requirements, the Employer shall make every reasonable effort to avoid excessive overtime and to offer overtime work on an equitable basis among readily available qualified employees.
(b) Except in cases of emergency, call-back, or mutual agreement with the employee, the Employer shall, wherever possible, give at least four (4) hours’ notice of any requirement for overtime work.
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28.06 Overtime Compensation on a Workday
Subject to clause 28.04(a):
(a) an employee who is required to work overtime on his or her scheduled workday is entitled to compensation at time and one-half (1 1/2) for the first seven and one-half (7 1/2) consecutive hours of overtime worked and double time for all overtime hours worked in excess of seven and one-half (7 1/2) consecutive hours of overtime in any contiguous period;
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Alternate provisions
This clause applies to employees classified as PG only.
When an employee works overtime authorized by the Employer, the employee shall be compensated on the basis of time and one-half (1 1/2) for all hours worked in excess of seven and one-half (7 1/2) hours per day.
This clause applies to employees classified as PR only.
All time worked each day, either before or after the regular starting or quitting time in each shift, shall be considered as overtime, and will be paid at the rate of time and one-half (1 1/2) for the first three (3) hours of overtime worked in each day and at the rate of double (2) time thereafter.
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Excluded provision
Sub-clause (b) does not apply to employees classified as PG.
Sub-clause (b) applies to employees in the Program and Administrative Services Group.See alternate provisions for other employees.
(b) if an employee is given instructions during the employee’s work day to work overtime on that day and reports for work at a time which is not contiguous to the employee’s scheduled hours of work, the employee shall be paid a minimum of two (2) hours’ pay at straight-time or for actualovertime worked at the applicable overtime rate, whichever is the greater.
Alternate provisions
This clause applies to employees classified as GL only.
If an employee reports back for overtime work which is not contiguous to either:
(a) the employee’s regularly scheduled shift on that day,
or
(b) any other period of work on that day,
the employee shall be paid for the time actually worked; or a minimum of four (4) hours’ pay at straight-time, whichever is the greater. However, this clause shall be applicable only to employees who are notified of such a non-contiguous overtime requirement prior to the completion of either their regularly scheduled shift on that day, or any other period of work on that day, as applicable.
This clause applies to employees classified as GS only.
Subject to clause 28.04(a), overtime shall be compensated for at the following rates:
if an employee reports for work after being given instructions before the termination of the employee’s work shift, or at any earlier time or day to work overtime at a specified time on a regular working day for a period which is not contiguous to the employee’s scheduled shift, the employee shall be paid for the time actually worked, or a minimum of two (2) hours’ pay at straight-time, whichever is the greater.
The following two paragraphs apply to employees in the Technical Services Group only.
If an employee is given instructions before the beginning of the employee’s meal break or before the midpoint of the employee’s work day whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee’s work period, the employee shall be paid for the time actually worked, or a minimum of two (2) hours’ pay at straight-time, whichever is the greater.
If an employee is given instructions, after the midpoint of the employee’s work day or after the beginning of his or her meal break whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee’s work period, the employee shall be paid for the time actually worked, or a minimum of three (3) hours’ pay at straight-time, whichever is the greater.
(c) an employee who is called back to work after the employee has completed his or her work for the day and has left his or her place of work, and returns to work shall be paid the greater of:
(i) compensation equivalent to three (3) hours’ pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours’ compensation in an eight (8) hour period; such maximum shall include any reporting pay pursuant to paragraph (b) or its alternate provision; or
(ii) compensation at the applicable overtime rate for actual overtime worked, provided that the period worked by the employee is not contiguous to the employee’s normal hours of work;
(d) the minimum payment referred to in subparagraph (c)(i), does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clauses 62.05 or 62.06.
28.07 Overtime Compensation on a Day of Rest
The following sub-clauses (a) and (b) apply to employees in the Program and Administrative Group and the Technical Services Group. See alternate provisions for other employees.
Subject to clause 28.04 (a):
(a) an employee who is required to work on a first day of rest is entitled to compensation at time and one-half (1 1/2) for the first seven and one-half (7 1/2) hours and double (2) time thereafter;
(b) an employee who is required to work on a second or subsequent day of rest is entitled to compensation at double (2) time (second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest);
Alternate provisions
The following sub-clauses (a), (b), and (c) apply to employees in the Operational Services Group only.
Subject to clause 28.04, an employee is entitled to time and one-half (1 1/2) compensation for each hour of overtime worked by the employee.
Notwithstanding the above, an employee is entitled to double (2) time for each hour of overtime worked by the employee,
(a) on a first day of rest, after a period of overtime equal to the normal daily hours of work specified in Article 25,
and
(b) on a second or subsequent day of rest, provided the days of rest are consecutive, except that they may be separated by a designated paid holiday (second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest),
and
(c) where an employee is entitled to double (2) time in accordance with (a) or (b) above and has worked a period of overtime equal to the normal daily hours of work, the employee shall continue to be compensated at double (2) time for all hours worked until he or she is given a period of rest of at least eight (8) consecutive hours.
This clause applies to employees classified as PR only.
All work performed during a weekend recess shall be paid for at the rate of double (2) time. For the purpose of this clause, weekend recess is defined as commencing at 00:00 hours Saturday morning and ending at 24:00 hours Sunday.
The following sub-clauses (c) and (d) apply to all groups.
(c) when an employee is required to report for work and reports on a day of rest, the employee shall be paid the greater of:
(i) compensation equivalent to three (3) hours’ pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours’ compensation in an eight (8) hour period,
or
(ii) compensation at the applicable overtime rate;
(d) the minimum payment referred to in subparagraph (c)(i), does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 62.05.
28.08 Compensation in Cash or Leave With Pay
(a) Overtime shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, overtime may be compensated in equivalent leave with pay.
(b) The Employer shall endeavour to pay cash overtime compensation by the sixth (6th) week after which the employee submits the request for payment.
(c) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
(d) Compensatory leave with pay not used by the end of a twelve (12)-month period, to be determined by the Employer, will be paid for in cash at the employee’s hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the end of the twelve (12)-month period.
Alternate provision
This clause applies to employees classified as PG only.
Upon application by the employee and at the discretion of the Employer, compensation earned under this Article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this Article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee’s daily rate of pay on September 30.
28.09 Meals
(a) An employee who works three (3) or more hours of overtime immediately before or immediately following the employee’s scheduled hours of work shall be reimbursed his or her expenses for one meal in the amount of nine dollars ($9.00) except where free meals are provided.
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one additional meal in the amount of nine dollars ($9.00) for each additional four (4)-hour period of overtime worked thereafter, except where free meals are provided.
(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee’s place of work.
(d) Meal allowances under this clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.
28.10 Transportation Expenses
(a) When an employee is required to report for work and reports under the conditions described in paragraphs 28.06(b), (c), and 28.07(c), and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:
(i) mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her automobile when the employee travels by means of his or her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
(b) 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 the employee’s residence shall not constitute time worked.
STANDBY
29.01 Where the Employer requires an employee to be available on standby during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or part thereof for which the employee has been designated as being on standby duty.
29.02
(a) An employee designated by letter or by list for standby duty shall be available during his or her period of standby at a known telephone number and be available to return for duty as quickly as possible, if called.
(b) In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.
(c) No standby payment shall be granted if an employee is unable to report for duty when required.
(d) An employee on standby who is required to report for work, and reports, shall be compensated in accordance with clauses 28.06(c) or 28.07(c), and is also eligible for reimbursement of transportation expenses in accordance with clause 28.10.
DESIGNATED PAID HOLIDAYS
30.01 (RESERVED FOR FUTURE USE)
30.02 Subject to clause 30.03, the following days shall be designated paid holidays for employees:
(a) New Year’s Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such additional day is recognized as a provincial or civic holiday, the first Monday in August,
(l) one additional day when proclaimed by an Act of Parliament as a national holiday.
30.03 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated 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 14, Leave With or Without Pay for Alliance Business.
30.04 Designated Holiday Coinciding With a Day of Paid Leave
Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.
30.05 Designated Holiday Coinciding With a Day of Rest
(a) When a day designated as a holiday under clause 30.02 coincides with an employee’s day of rest, the holiday shall be moved to the first scheduled working day following the employee’s 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.
(b) When two (2) days designated as holidays under clause 30.02 coincide with an employee’s consecutive days of rest, the holidays shall be moved to the employee’s first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.
Work Performed on a Designated Holiday
30.06 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.
30.07 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 30.05:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest,
and
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.
30.08
(a) When an employee works on a holiday, he or she shall be paid time and one-half (1 1/2) for all hours worked up to seven and one-half (7 1/2) hours and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday,
or
(b) upon request, and with the approval of the Employer, the employee may be granted:
(i) a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday,
and
(ii) pay at one and one-half (1 1/2) times the straight-time rate of pay for all hours worked up to seven and one-half (7 1/2) hours,
and
(iii) pay at two (2) times the straight-time rate of pay for all hours worked by him or her on the holiday in excess of seven and one-half (7 1/2) hours.
(c) Notwithstanding paragraphs (a) and (b), when an employee works on a holiday contiguous to a day of rest on which he or she also worked and received overtime in accordance with clause 28.07(b), he or she shall be paid in addition to the pay that he or she would have been granted had he or she not worked on the holiday, two (2) times his or her hourly rate of pay for all time worked.
(d) Subject to operational requirements and adequate advance notice, the Employer shall grant lieu days at such times as the employee may request.
(i) When, in a fiscal year, an employee has not been granted all of his or her lieu days as requested by him or her, at the employee’s request, such lieu days shall be carried over for one year.
(ii) In the absence of such request, unused lieu days shall be paid off at the employee’s straight-time rate of pay in effect when the lieu day was earned.
30.09 Reporting for Work on a Designated Holiday
(a) When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:
(i) compensation equivalent to three (3) hours’ pay at the applicable overtime rate of pay for each reporting to a maximum of eight (8) hours’ compensation in an eight (8) hour period; such maximum shall include any reporting pay pursuant to paragraph 28.06(c);
or
(ii) compensation in accordance with the provisions of clause 30.08.
(b) The minimum payment referred to in subparagraph (a)(i) does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 62.09 of this Agreement.
(c) When an employee is required to report for work and reports under the conditions described in paragraph (a), and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:
(i) mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her automobile when the employee travels by means of his or her own automobile,
or
(ii) out-of-pocket expenses for other means of commercial transportation.
(d) 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.
RELIGIOUS OBLIGATIONS
31.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.
31.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons, or a shift exchange (in the case of a shift worker) in order to fulfill their religious obligations.
31.03 Notwithstanding clause 31.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.
31.04 An employee who intends to request leave or time off under this Article must give notice to the Employer as far in advance as possible to fulfill but no later than four (4) weeks before the requested period of absence.
TRAVELLING TIME
32.01 This Article does not apply to an employee when the employee travels by any type of transport in which he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:
(a) on a normal working day, his or her regular pay for the day,
or
(b) pay for actual hours worked in accordance with Article 30, Designated Paid Holidays, and Article 28, Overtime, of this Agreement.
32.02 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.
32.03 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.
32.04 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer, and the employee will be compensated for travel time in accordance with clauses 32.05 and 32.06. Travelling time shall include time necessarily spent at each stop-over enroute provided such stop-over is not longer than three (3) hours.
32.05 For the purposes of clauses 32.04 and 32.06, the travelling time for which an employee shall be compensated is as follows:
(a) for travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer;
(b) for travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee’s place of residence or work place, as applicable, direct to the employee’s destination and, upon the employee’s return, direct back to the employee’s residence or work place;
(c) in the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements, in which case compensation for travelling time shall not exceed that which would have been payable under the Employer’s original determination.
32.06 If an employee is required to travel as set forth in clauses 32.04 and 32.05:
(a) on a normal working day on which the employee travels but does not work, the employee shall receive his or her regular pay for the day;
(b) on a normal working day on which the employee travels and works, the employee shall be paid:
(i) his regular pay for the day for a combined period of travel and work not exceeding his or her regular scheduled working hours,
and
(ii) at the applicable overtime rate for additional travel time in excess of his or her regularly scheduled hours of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours’ pay at the straight-time rate of pay;
(c) on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours traveled to a maximum of twelve (12) hours’ pay at the straight-time rate of pay.
32.07
(a) Upon request of an employee and with the approval of the Employer, compensation at the overtime rate earned under this Article may be granted in compensatory leave with pay.
(b) Compensatory leave with pay not used by the end of a twelve month (12) period, to be determined by the Employer, will be paid for in cash at the employee’s hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee’s substantive position at the end of the twelve month (12) period.
**ARTICLE 33/p>
LEAVE – GENERAL
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33.01
(a) When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to seven decimal five (7.5) hours.
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(b) Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day.
(c) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.
(d) Notwithstanding the above, in Article 47, Bereavement Leave With Pay, a “day” will mean a calendar day.
33.02 Except as otherwise specified in this Agreement:
(a) where leave without pay for a period in excess of three (3) months is granted to an employee for reasons other than illness, the total period of leave granted shall be deducted from “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave;
(b) time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.
33.03 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.
33.04 The amount of leave with pay earned but unused 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.
33.05 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.
33.06 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that is to say, five (5) weeks’ leave with pay upon completing twenty (20) years of continuous employment, retains his or her entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force on the day that this Agreement is signed.
33.07 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.
33.08 In the event of termination of employment for reasons other than incapacity, death, 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 the employee’s certificate of appointment on the date of the termination of the employee’s employment.
33.09 An employee shall not earn leave credits under this Agreement in any month for which leave has already been credited to him or her under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.
33.10 When an employee who is in receipt of a special duty allowance or an extra duty allowance is granted leave with pay, the employee is entitled during the employee’s period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis, or for a period of two (2) or more months prior to the period of leave.
VACATION LEAVE WITH PAY
34.01 The vacation year shall be from April 1 to March 31, inclusive, of the following calendar year.
Accumulation of vacation leave credits
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34.02 For each calendar month in which an employee has earned at least ten (10) days’ pay, the employee shall earn vacation leave credits at the rate of:
(a) nine decimal three seven five (9.375 ) hours until the month in which the anniversary of the employee’s eighth (8th) year of service occurs;
(b) twelve decimal five (12.5) hours commencing with the month in which the employee’s eighth (8th) anniversary of service occurs;
(c) thirteen decimal seven five (13.75) hours commencing with the month in which the employee’s sixteenth (16th) anniversary of service occurs;
(d) fourteen decimal four (14.4) hours commencing with the month in which the employee’s seventeenth (17th) anniversary of service occurs;
(e) fifteen decimal six two five (15.625) hours commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;
(f) sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee’s twenty-seventh (27th) anniversary of service occurs;
(g) eighteen decimal seven five (18.75) hours commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs;
34.03
(a) For the purpose of clause 34.02 only, all service within the Public Service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is re-appointed to the Public Service within one year following the date of lay-off.
(b) Notwithstanding (a) above, an employee who was a member of one of the bargaining units listed below on the date of signing of the relevant collective agreement or an employee who became a member of those bargaining units between the date of signing of the relevant collective agreement and May 31, 1990, shall retain, for the purpose of “service” and of establishing his or her vacation entitlement pursuant to this clause, those periods of former service which had previously qualified for counting as continuous employment, until such time as his or her employment in the Public Service is terminated.
Bargaining units and dates of signing
AS, IS, OM, PG and PM, May 17, 1989
CR, DA, OE, and ST, May 19, 1989
GL&T, May 4, 1989
GS, August 4, 1989
EG, May 17, 1989
DD and GT, May 19, 1989
34.04 An employee is entitled to vacation leave with pay to the extent of the employee’s earned credits but an employee who has completed six (6) months of continuous employment is entitled to receive an advance of credits equivalent to the anticipated credits for the current vacation year. Scheduling of vacation leave with pay
34.05
(a) Employees are expected to take all their vacation leave during the vacation year in which it is earned.
(b) Subject to the following subparagraphs, the Employer reserves the right to schedule an employee’s vacation leave but shall make every reasonable effort:
(i) to provide an employee’s vacation leave in an amount and at such time as the employee may request;
(ii) not to recall an employee to duty after the employee has proceeded on vacation leave;
(iii) not to cancel nor alter a period of vacation or furlough leave which has been previously approved in writing.
34.06 The Employer shall give an employee as much notice as is practicable and reasonable of approval, denial, alteration, or cancellation of a request for vacation or furlough leave. In the case of denial, alteration, or cancellation of such leave, the Employer shall give the written reason therefore, upon written request from the employee.
34.07 Where, in respect of any period of vacation leave, an employee:
(a) is granted bereavement leave,
or
(b) is granted leave with pay because of illness in the immediate family,
or
(c) is granted sick leave on production of a medical certificate, the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.
34.08 Advance Payments
(a) The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee’s vacation period commences.
(b) 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 the commencement of leave. Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.
**
34.09 Recall From Vacation Leave
(a) Where an employee is recalled to duty during any period of vacation or furlough leave, the employee shall be reimbursed for reasonable expenses that the employee incurs:
(i) in proceeding to the employee’s place of duty,
and
(ii) in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled, after submitting such accounts as are normally required by the Employer.
(b) The employee shall not be considered as being on vacation leave or furlough leave during any period in respect of which the employee is entitled under paragraph (a) to be reimbursed for reasonable expenses incurred by the employee.
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34.10 Cancellation or Alteration of Vacation Leave
When the Employer cancels or alters a period of vacation or furlough leave which it has previously approved in writing, or recalls an employee during a period of vacation or furlough leave, the Employer shall reimburse the employee for the non-returnable portion and/or non-refundable deposits 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 such losses.
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34.11 Carry-Over and/or Liquidation of Vacation Leave
Sub-clauses (a) and (b) apply to employees in the Program and Administrative ServicesGroup only. See alternate provisions for other employees.
(a) Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave, up to a maximum of two hundred and sixty two decimal five (262.5) hours credits, shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and sixty two decimal five (262.5) hours shall be automatically paid in cash at his or her daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
(b) Notwithstanding paragraph (a), if on March 31, 1999, or on the date an employee becomes subject to this Agreement after March 31, 1999, an employee has more than two hundred and sixty two decimal five (262.5) hours of unused vacation leave credits, a minimum of seventy five (75) hours credits per year shall be granted or paid in cash by March 31 of each year, commencing on March 31, 2000, until all vacation leave credits in excess of two hundred and sixty two decimal five (262.5) hours have been liquidated. Payment shall be in one instalment per year and shall be at the employee’s daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on March 31 of the applicable previous vacation year.
Alternate provision
This clause applies to employees in the Operational Services and the Technical Services Groups only.
Where in any vacation year, the Employer has not granted all of the vacation leave credited to the employee, the unused portion of the employee’s vacation leave shall be carried over into the following vacation year. Carry-over beyond one (1) year shall be by mutual consent.
**
34.12 During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred and twelve decimal five (112.5) hours may be paid in cash at the employee’s daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee’s substantive position on March 31st of the previous vacation year.
Leave when employment terminates
34.13 When an employee dies or otherwise ceases to be employed, the employee’s estate or the employee shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation and furlough leave to the employee’s credit by the daily rate of pay as calculated from the classification prescribed in the certificate of appointment on the date of the termination of employment.
34.14 Notwithstanding clause 34.13, an employee whose employment is terminated for cause pursuant to paragraph 51(1)(g) of the Canada Customs and Revenue Agency Act by reason of abandonment of his or her position is entitled to receive the payment referred to in clause 34.13, if he or she requests it within six (6) months following the date upon which his or her employment is terminated.
34.15 Where the employee requests, the Employer shall grant the employee his or her unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first year of continuous employment in the case of lay-off, and the tenth (10th) year of continuous employment in the case of resignation.
34.16 Appointment to a Schedule I Employer
Notwithstanding clause 34.13, an employee who resigns to accept an appointment with an organization listed in Schedule I of the Public Service Staff Relations Act may choose not to be paid for unused vacation and furlough leave credits, provided that the appointing organization will accept such credits.
34.17
The following clause applies to employees classified as GS and to employees in the Technical Services Group.
If, at the end of a vacation year, an employee’s entitlement to vacation leave with pay includes a fractional entitlement of less or more than one-half (1/2) day, the entitlement shall be increased to the nearest half (1/2) day.
SICK LEAVE WITH PAY
Credits
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35.01
(a) 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 ten (10) days.
(b) A shift worker shall earn additional sick leave credits at the rate of one decimal two five (1.25) hours for each calendar month during which he or she works shifts and he or she receives pay for at least ten (10) days. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred and twelve decimal five (112.5) hours sick leave credits during the current fiscal year.
35.02 (RESERVED FOR FUTURE USE)
Granting of sick leave
35.03 An employee shall be granted sick leave with pay when he or she is unable to perform his or her duties because of illness or injury provided that:
(a) he or she satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer,
and
(b) he or she has the necessary sick leave credits.
35.04 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties, shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 35.03(a).
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35.05
(a) When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 35.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) hours, subject to the deduction of such advanced leave f