- 9.2.1.1 part-time employees shall be paid at the straight-time rate of pay for all hours of work performed up to the normal daily hours for a full-time employee; and at the applicable overtime rate of pay as specified by the Overtime article.
- 9.2.1.2 Leave will only be provided during those periods in which the employees are scheduled to perform their duties; or where it may displace other leave as prescribed by this agreement.
- 9.2.1.3 The days of rest provisions of this Agreement only apply on a day which is normally a day of rest for a full-time employee.
- 9.2.1.4 Notwithstanding the provisions of the Severance Pay article, an employee whose continuous employment is a combination of both full-time and part-time continuous employment shall, for the purpose of severance pay, have those completed years of part-time continuous employment reduced in the same proportion as the part-time weekly hours of work compare with the scheduled weekly hours of work of full-time employees. For such an employee who is a part-time employee, on the date of termination of employment, the weekly rate of pay referred to in the Severance Pay article shall be the weekly rate of pay that the employee is being paid on termination of employment, adjusted to the full-time weekly rate.
- 9.2.1.5 A part-time employee shall not be paid for the designated holidays but shall, instead, be paid a premium of four decimal two five (4.25) percent for all straight-time hours during the period of part-time employment.
- 9.2.1.6 When a part-time employee is required to work on a day which is prescribed as a designated holiday for a full-time employee in the Designated Holidays article of this agreement, the employee shall be paid time and one-half (1 1/2) the straight-time rate of pay for the first seven and one-half (7 1/2) hours worked on the holiday and double time (2) thereafter.
- 9.2.1.7 A part-time employee shall be eligible for a pay increment on the first day of the month which is nearest to the anniversary date of the employee's appointment to his classification level.
Article 10:
Article 11: Management rights
11.1 All the functions, rights, powers and authorities which the Council has not specifically abridged, delegated or modified by this Agreement are recognized by the Association as being retained by the Council.
Article 12: State security
12.1 Nothing in this Agreement shall be construed to require the Council to do or refrain from doing anything contrary to any instructions, regulations, or directions given or made by or on behalf of the Government of Canada in the interest of the safety and security of Canada or any state allied or associated with Canada.
Article 13: Precedence of legislation
13.1 In the event that any law passed by Parliament applying to employees of the Council covered by this Agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of the Agreement.
Article 14: Medical and hospital insurance
14.1 Current practices will prevail for the duration of this Agreement, except that any changes in medical or hospital insurance plans, including the premium payable by employees, applicable to the majority of those employed in the Public Service for whom the Treasury Board is the employer, will during the life of this Agreement be applicable to the employees under this Agreement.
Article 15: Safety and health
15.1 The Council shall continue to make all reasonable provisions for the occupational safety and health of employees. The Council will welcome suggestions on the subject from the Association 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.
15.2 All employees of the Council shall make every reasonable effort to reduce and obviate risk of employment injury. Where any employee of the Council fails to obey a safety regulation issued by the Council, the employee may be subject to appropriate disciplinary action by the Council.
Article 16: Standards of discipline
16.1 In order of severity, the usual types of disciplinary action are as follows:
- oral reprimand
- written reprimand
- suspension
- demotion
- termination of employment
16.2 When an employee is required to attend a meeting, the purpose of which is to investigate a disciplinary matter concerning the employee or to render a disciplinary decision concerning the employee, the employee is entitled to have, upon request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days' notice of such a meeting and shall be informed of the reason for it.
16.3 When an employee is suspended from duty, demoted or terminated due to a disciplinary infraction, the Council shall notify the employee, in writing, of the reason(s) for the suspension, demotion or termination. The Council shall endeavor to provide this written notification at the time of the suspension, demotion or termination.
16.4 Except in the case of an oral reprimand, the Council shall provide an employee with a written record of any disciplinary action taken by the Council against the employee after the date of signing of this Agreement, and such written record shall include the reason for the disciplinary action.
16.5 The Council agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee, the existence of which the employee was not aware at the time of filing or within a reasonable period thereafter.
16.6 The Council agrees not to introduce as evidence in an adjudication hearing any document from the file of an employee the existence of which the employee was not aware at the time of requesting the services of an adjudicator or within a period of five (5) consecutive working days after the Council has been informed that the employee has requested the services of an adjudicator.
16.7 Notice of disciplinary action which may have been placed on the Council staff file of an employee following the date of signing of this Agreement shall be removed from the Council staff file of the employee after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during the two (2) year period.
Article 17: Grievance procedure
17.1 National joint council grievance
In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with the NJC By-Laws.
17.2 General intent
The parties agree that the purpose of the procedures set out in this article is to maintain good relations between employees and management by providing methods of resolving complaints quickly and fairly.
17.3 Informal discussions prior to grievance
The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits prescribed in clause 17.9 gives notice to a representative, as designated by the Council in accordance with clause 17.8 that he wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.
17.4 Type of grievance
- 17.4.1 Individual grievance Subject to clause 17.5 and as provided in section 208 of the PSLRA, an employee is entitled to present a grievance in the manner prescribed in clause 17.10 if the employee feels aggrieved
- by the interpretation or application in respect of the employee, of
- a provision of a statute or regulation, or a by-law, direction or other instrument made or issued by the Council, dealing with terms and conditions of employment; or
- a provision of a collective agreement or an arbitral award; or
- as a result of any other occurrence or matter affecting the employee's terms and conditions of employment.
- 17.4.1.1 Individual grievance limitations An employee cannot file an individual grievance on a policy of the Council if
- that employee has filed a complaint on that policy and
- that policy precludes the filing of both a complaint and a grievance on the same matter.
- by the interpretation or application in respect of the employee, of
- 17.4.2 Group grievance Subject to clause 17.5 and section 215 of the PSLRA, the Association may present to the Council a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.
- 17.4.2.1 Consent required In order to present a group grievance, the Association must first obtain the written consent of each of the employees concerned.
- 17.4.2.2 Group grievance limitations An employee cannot be included in a group grievance on a policy of the Council if:
- that employee has filed a complaint on that policy and
- that policy precludes the filing of both a complaint and a grievance on the same matter.
17.5 General limitations
An individual, group or policy grievance cannot be presented
- if another administrative procedure for redress is provided by or under any Act of Parliament to deal with the specific complaint, other than the Canadian Human Rights Act;
- in respect of the right of equal pay for work of equal value;
- in relation to any action taken under any instruction, direction or regulation 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.
17.6 Right to grieve
No person acting on behalf of the Council or an excluded person who occupies a managerial or confidential position shall seek by intimidation, by threat of termination or by any other kind of threat, to cause an employee to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this Agreement.
17.7 Right to presentation
- 17.7.1 An employee may be assisted and/or represented by the Association when presenting a grievance.
- 17.7.2 An employee is not entitled to present a grievance relating to the interpretation or application of a provision of this collective agreement or of an arbitral award unless the employee has the approval of and is represented by the Association.
- 17.7.3 An employee cannot be represented by an employee organization other than the Association in the presentation or reference to adjudication of a grievance.
17.8 Procedure
- 17.8.1 With respect to individual grievances, the Council shall designate representatives authorized to receive individual grievances and to reply on the Council's behalf at each applicable level in the grievance procedure. The Council shall inform employees to whom the procedure applies of the title of these representatives. This information shall be made available via posting on the Council's intranet site.
- 17.8.2 With respect to group and policy grievances, the Council shall designate representatives authorized to receive such grievances and to reply on the Council's behalf at each applicable level in the grievance procedure and shall notify the Association, in writing, of the name, title and address of such representatives.
- 17.8.3 The number of levels in the grievance procedure currently prescribed for the Institute /Branch /Program / Technology Centre in which the employee works shall apply to the employee. There shall be no more than a maximum of two (2) steps in the individual and group grievance procedure.
- 17.8.4 There shall be one (1) level only in the case of a policy grievance.
- 17.8.5 The Association shall have the right to consult with the person designated to reply on the Council's behalf at the appropriate level of the grievance procedure and the griever shall have the right to be present at such consultations. Only at the final level will the Association be obliged to advise the Labour Relations Group of such request to consult.
- 17.8.6 All levels in the grievance procedure except the final level may be bypassed by the mutual consent of the Council, the employee and when applicable, the Association.
17.9 Time limits
In determining the time within which any action is to be taken as prescribed in this procedure, reference to the word "day" shall mean a calendar day.
- 17.9.1 In the case of an individual or group grievance, the grieving party (the employee or the Association, as the case may be), may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the grieving party was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance.
- 17.9.2 The Council shall normally reply to an individual or group grievance at any level of the grievance procedure, except the final level, not later than twenty (20) days after the grievance is received and within thirty-five (35) days where the grievance is presented at the final level.
- 17.9.3 An individual or group grievance may be presented for consideration at each succeeding level in the grievance procedure beyond the first level either
- when the decision or settlement is not satisfactory to the grieving party within fifteen (15) days after that decision or settlement has been conveyed in writing to the grieving party by the Council, but shall not be entitled to do so after the said fifteen (15) days have elapsed, or
- when the grieving party does not receive a decision within twenty (20) days after the grievance is received, it may present the grievance for consideration at the next higher level within forty (40) days after the last day the grieving party was entitled to receive a reply but shall not be entitled to do so after the said forty (40) days have elapsed.
- 17.9.4 An individual grievance may be presented directly at the final level of the grievance process without it having been presented at a lower level if the individual grievance relates to classification, a demotion or a termination of employment.
- 17.9.5 The Council shall reply to a classification grievance not later than eighty (80) days after the grievance is received.
- 17.9.6 In the case of a policy grievance, the Association may present a grievance in the manner prescribed in clause 17.10, not later than the thirty-fifth (35th) day after the date on which the Association was notified, either verbally or in writing, or first had knowledge of the action or circumstance giving rise to such grievance.
- 17.9.7 The Council shall normally reply to a policy grievance not later than twenty (20) days after the grievance is received.
- 17.9.8 The time limits stipulated in this Article may be extended by mutual agreement between the Council, the griever, and where appropriate, the Association.
17.10 Receipt and transmission
- 17.10.1 A grieving party who wishes to present a grievance at any prescribed level in the grievance procedure shall submit the grievance to the representative of the Council authorized to deal with grievances at the first step of the grievance procedure. This representative shall provide the grieving party with a receipt indicating the date on which the grievance was received.
- 17.10.2 When 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 Council on the day it is delivered to the appropriate office concerned. Similarly, the Council 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 grieving party may present this grievance at the next higher level shall be calculated from the date on which the Council's reply was delivered to the address shown on the grievance form. In relation to this clause, both the grieving party and the Council shall use registered mail.
- 17.10.3 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Council.
17.11 Withdrawal and abandonment of grievance
- 17.11.1 A grievance may be withdrawn at any level by written notice to the designated officer of the Council responsible to reply at the first level of the grievance procedure.
- 17.11.2 A grievance that is not presented to the next higher level within the prescribed time limits, shall be deemed to have been abandoned unless the Council, after consultation with the grieving party, is of the opinion that the grieving party was unable, for reasons beyond its' control, to comply with the prescribed time limits.
17.12 Decisions
- 17.12.1 When an employee is represented by the Association in the presentation of a grievance, the Council shall provide the Association with a copy of the Council's decision at each level of the grievance procedure at the same time the Council's decision is conveyed to the employee.
- 17.12.2 The decision given by the Council at the final level of the grievance procedure shall be final and binding unless the grievance is referred to adjudication in accordance with the PSLRA.
17.13 Reference to adjudication
- 17.13.1 When an employee has presented an individual grievance up to and including the final level of the grievance procedure with respect to:
- the interpretation or application of a provision of the collective agreement or a related arbitral award, or
- disciplinary action resulting in termination, demotion, suspension or a financial penalty and the individual grievance has not been dealt with to the employee's satisfaction, the employee may refer the grievance to adjudication in accordance with the PSLRA and Regulations.
- 17.13.2 When a group grievance has been presented up to and including the final level of the grievance procedure and has not been dealt with to its satisfaction, the Association may refer the grievance to adjudication in accordance with the PSLRA and Regulations.
- 17.13.3 When a policy grievance has not been dealt with to its satisfaction, the Association may refer the grievance to adjudication in accordance with the PSLRA and Regulations.
Article 18: Statement of duties
18.1 Upon request to an authorized management representative, an employee shall be entitled to receive a copy of the most recent statement of duties containing the duties and responsibilities of the employee's position including the point value and classification level.
18.2 Where upon receipt of the most recent statement of duties, the employee believes that it does not represent the current duties and responsibilities of the position, the employee is entitled to submit a new statement of duties setting out the duties and responsibilities as the employee understands them to be and to request a review of such duties and responsibilities.
18.3 The employee shall be informed by the Council of the results of any such review, including any changes in the classification level and point value of the employee's position that are agreed to by the Council.
Article 19: Employee performance review and employee files
19.1 An employee shall be given an opportunity to sign any formal performance review and shall also be given an opportunity to sign all adverse reports pertaining to the performance of his duties in his current position which are placed on his personal file, to indicate that its contents have been read. The employee's signature shall not indicate his concurrence with the statements.
19.2 A copy of the formal review and/or reports shall be provided to the employee.
19.3 An employee has the right to make written comments to be attached to the performance review and/or adverse reports.
19.4 The personnel file of an employee may be accessed by the employee at least once a year in the presence of a person approved by the Council, provided that the employee so requests it in writing.
19.5 For the purpose of satisfying the Employer's obligation under this clause, employees may be provided with access to electronic copies, and be provided with the opportunity to electronically sign or acknowledge.
19.6 The Council's representative who assesses an employee's performance must have observed or been aware of the employee's performance for at least one-half (1/2) of the period for which the employee's performance is being evaluated.
Article 20: National joint council agreements
20.1 Subject to the National Joint Council By-Laws, agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after December 6, 1978, will form part of this collective agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act prescribed in Section 113(b) of the PSLRA.
20.2 NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
20.3 The following directives, as amended from time to time by National Joint Council recommendation and which have been approved by the National Research Council Canada, form part of this Agreement:
- Bilingualism Bonus Directive
- Commuting Assistance Directive
- Occupational Health and Safety Directive
- Relocation Directive
- Travel Directive
- First Aid to the General Public – Allowance for Employees
- Public Service Health Care Plan
- Uniforms Directive
20.4 During the term of this Agreement, other directives may be added to the above noted list.
20.5 Grievances in regard to the above directives shall be presented in accordance with clause 17.1 of the Grievance Procedure article of this Agreement.
Article 21: Resignation (a letter)
21.1 An employee who has resigned shall be entitled, on request, to receive on or about the last day of work, a letter from the Council, as represented by the Director General of the Human Resources Branch, in which the following information is provided: the name of the employee, the classification level of the employee, the salary of the employee on termination and the period of employment with the Council.
Article 22: Time-off for association business
22.1 Public service labour relations board hearings
- 22.1.1 Complaints made to the Public Service Labour Relations Board pursuant to the Public Service Labour Relations Act
- 22.1.1.1 When operational requirements permit, the Council will grant leave with pay:
- to an employee who makes a complaint on his own behalf, before the Public Service Labour Relations Board, and
- to an employee who acts on behalf of an employee making a complaint or who acts on behalf of the Association making a complaint.
- 22.1.2.1 Where operational requirements permit, the Council will grant leave without pay:
- to an employee who represents the Association in application for certification or an intervention, and
- to an employee who makes personal representation in opposition to a certification.
- 22.1.3.1 The Council will grant leave with pay:
- to an employee called as a witness by the Public Service Labour Relations Board, and
- when operational requirements permit, to an employee called as a witness by an employee or by the Association.
22.2 Arbitration board hearings, public interest commission hearings and alternate dispute resolution process
- 22.2.1 When operational requirements permit, the Council will grant leave with pay to a reasonable number of employees representing the Association before an Arbitration Board, a Public Interest Commission or in an Alternate Dispute Resolution Process.
- 22.2.2 The Council will grant leave with pay to an employee called as a witness by an Arbitration Board, a Public Interest Commission or in an Alternate Dispute Resolution Process, and when operational requirements permit, leave with pay to an employee called as a witness by the Association.
22.3 Adjudication
- 22.3.1 When operational requirements permit, the Council will grant leave with pay to an employee who is:
- a party to the adjudication, or
- the representative of an employee who is a party to an adjudication, or
- a witness called by an employee who is a party to an adjudication.
22.4 Meetings during the grievance process
- 22.4.1 Subject to operational requirements:
- when the Council originates a meeting with a grievor in his headquarters area, he will be granted leave with pay and "on-duty" status when the meeting is held outside the grievor's headquarters areas;
- when a grievor seeks to meet with the Council, he will be granted leave with pay when the meeting is held in his headquarters area and leave without pay when the meeting is held outside his headquarters area;
- when an employee representative attends a meeting referred to in this clause, he will be granted leave with pay when the meeting is held in his headquarters area and leave without pay when the meeting is held outside his headquarters area.
- 22.4.2 Where an employee representative wishes to discuss a grievance of an urgent nature with an employee who has asked or is obliged to be represented by the Association in relations to the presentation of his grievance, the Council will, where operational requirements permit, give them reasonable leave with pay for this purpose when the discussions take place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters area.
- 22.4.3 Grievance Investigations
- 22.4.3.1 Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a grievance and an employee acting on behalf of the Association wishes to discuss a grievance of an urgent nature with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable time off with pay for this purpose when the discussion occurs in the headquarters area and leave without pay when it occurs outside the headquarters area, and provided both the employee and the Association representative of the employee have the same headquarters area.
22.5 Meetings between the association and the council
- 22.5.1 Where operational requirements permit, the Council may grant time off with pay to a reasonable number of employees who are representing the viewpoint and interests of the members of the Association for purposes of joint consultation.
22.6 Stewards training courses
- 22.6.1 Where operational requirements permit, the Council may grant leave without pay to a steward to undertake training related to the duties of a steward.
22.7 Classification of status of leave
- 22.7.1 Pursuant to the sub-clauses of this Article, when the status of leave requested cannot be determined until the Public Service Labour Relations Board or an adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate leave status.
Article 23: Appointment and time-off for stewards
23.1 The Council acknowledges the right of the Association to appoint employees as stewards subject to the agreement of both parties under clause 23.2 below.
23.2 The Council and the Association shall determine the number of stewards having regard to the organization of the Council, the distribution of employees at the work place and the administrative structure implied by the grievance procedure.
23.3 The Association shall notify the Council's Director Labour Relations, in writing of the appointment of each steward, but any employee so appointed by the Association shall not be recognized nor serve as a steward until such notification has been received in writing by the Council's Director, Labour Relations.
23.4 A steward shall obtain the permission of the Head of the Institute, Branch, Program or Technology Centre, or the permission of such person or persons as the Head of the Institute, Branch, Program or Technology Centre may designate, before leaving the work place to investigate complaints of an urgent nature within the steward's area of jurisdiction, or to meet with the Head of the Institute, Branch, Program or Technology Centre or such person or persons as the Council has designated to reply on the Council's behalf at the first level in the grievance procedure, or to attend meetings called by persons so designated in connection with the grievance procedure.
Article 24
Article 25
Article 26
Article 27
Article 28
Article 29
Part II
Article 30: Leave general
30.1 For purposes of earned leave credits or other leave entitlements, a day shall be equal to seven decimal five (7.5) hours.
30.2 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.
30.3 Notwithstanding the above, Article 35.2 Bereavement Leave, a day will mean a calendar day.
30.4 When an employee has been permitted to liquidate more vacation or sick leave with pay than the employee has earned and the employee's employment is terminated by death, the employee shall be considered to have earned such leave.
30.5 When an employee has been permitted to liquidate more vacation or sick leave with pay than the employee has earned, and the employee's employment is terminated by lay-off, the employee shall be considered to have earned such leave if at the time of lay-off the employee has completed two (2) or more years of continuous service. But following notice of lay-off, an employee is entitled to liquidate earned leave only.
30.6 The amount of leave with pay credited to an employee by the Council at the time when this Agreement becomes effective, or at the time when the employee becomes subject to this Agreement, shall be retained as leave by the employee, except as provided for in those clauses providing for the liquidation of compensatory leave.
30.7 An employee is entitled at least once in each fiscal year to be informed, upon request, of the balance of his vacation and sick leave.
30.8 An employee is not entitled to leave with pay during periods the employee is on leave without pay or under suspension.
30.9 Except where specifically provided in this Agreement, an employee shall not substitute one type of leave with pay for another type of leave with pay.
** Article 31: Vacation leave
31.1 Accumulation of vacation leave credits
- 31.1.1 An employee shall earn in respect of each fiscal year, annual vacation leave with pay at the following rates for each calendar month in which the employee receives at least seventy-five (75) hours' pay:
- 31.1.1.1 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;
- 31.1.1.2 twelve decimal five (12.5) hours commencing with the month in which the employee's eighth (8th) anniversary of service occurs;
- 31.1.1.3 thirteen decimal seven five (13.75) hours commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;
- 31.1.1.4 fourteen decimal three seven five (14.375) hours commencing with the month in which the employee's seventeenth (17th) anniversary of service occurs;
- 31.1.1.5 fifteen decimal six two five (15.625) hours commencing with the month in which the employee's eighteenth (18th) anniversary of service occurs;
- 31.1.1.6 sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
- 31.1.1.7 eighteen decimal seven five (18.75) hours commencing with the month in which the employee's twenty-eighth (28th) anniversary of service occurs;
31.2 Granting of vacation leave
- 31.2.1 Both parties agree that although vacation leave credits are earned as a matter of right, the scheduling and granting of such leave must be authorized in advance by the Council before such leave is taken. The scheduling and granting of vacation leave should be so arranged as to adequately meet the operational requirements of a work group, Section, Branch or Division and, subject to said operational requirements, an employee may,
- 31.2.1.1 during the first six (6) calendar months of employment be granted vacation leave up to the amount of earned credits;
- 31.2.1.2 after the first six (6) calendar months of employment be granted vacation leave in excess of the earned credits but only to the extent of credits that would be accumulated by the end of the fiscal year concerned. However, if an employee has used more vacation leave than he has earned and his services are terminated for a reason other than death, or lay-off with two (2) or more years of continuous service, the salary over-payment resulting from the use of unearned vacation leave shall be recovered from the employee by the Council.
The Council shall give an employee as much notice as practicable and reasonable of approval, disapproval or cancellation of a request for vacation leave.
31.3 When in respect of any period of vacation leave, an employee:
- 31.3.1 is granted bereavement leave, or
- 31.3.2 is granted special leave with pay because of illness in the immediate family, or
- 31.3.3 is granted sick leave supported by a medical certificate, the period of vacation leave so displaced shall either be added to the vacation period if so requested by the employee and approved by the Council or reinstated for use at a later date.
31.4 Carry-over provisions
- 31.4.1 When in any fiscal year an employee has not been granted all of the vacation leave credited to him, the unused portion of his vacation leave shall be carried over into the following fiscal year to a maximum of two hundred sixty-two decimal five (262.5) hours leave. The 262.5 hours limit may only be exceeded where the Council cancels a previously scheduled period of vacation leave and the employee reschedules the excess for use at a later date or where the employee was unable to schedule or take vacation leave due to operational requirement. Earned and unused vacation leave credits in excess of the 262.5 hours shall be compensated monetarily at the end of the fiscal year at the employee's daily rate of pay as calculated from the employee's substantive position unless the employee has been in an acting position for more than six months on March 31.
- 31.4.2 Notwithstanding paragraph 31.4.1, an employee has more than two hundred sixty-two decimal five (262.5) hours of unused vacation leave credits, a minimum of seventy-five (75) hours per year shall be granted or paid in cash by March 31st of each year, until all vacation leave credits in excess of two hundred 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 employee's substantive position on March 31 of each year.
- 31.4.3 On request, once per fiscal year, the Council shall provide the Association with a detailed summary of annual leave usage, carry-over and drawdown statistics for the PG Group.
31.5 Liquidation of vacation leave
- 31.5.1 Upon application by the employee and at the discretion of the Council, earned but unused vacation leave credits in excess of one hundred twelve decimal five (112.5) hours may be paid at the employee's daily rate of pay as calculated from the employee's classification.
31.6 Recall from vacation leave
- 31.6.1 When during any period of vacation leave an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Council, that he incurs:
- 31.6.1.1 in proceeding to his place of duty, and
- 31.6.1.2 in returning to the place from which the employee was recalled if he immediately resumes vacation upon completing the assignment for which he was recalled, after submitting such accounts and within such time limits as are normally required by the Council.
31.7 Leave when employment terminates
- 31.7.1 Except as provided in sub-clause 31.7.3, when the employment of an employee is terminated for any reason, the employee or his estate shall, in lieu of earned but unused vacation leave, be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave by the daily rate of pay applicable to the employee immediately prior to the termination of his employment.
- 31.7.2 Where the employee requests, the Council shall grant the employee his unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off and the tenth (10th) year of continuous employment in the case of resignation.
- 31.7.3 An employee whose employment is terminated by reason of abandonment of position is entitled to receive the payments referred to in sub-clause 31.7.1 above if he so requests them in writing within six (6) months following the date upon which his employment is terminated by a declaration by the Council.
- 31.7.4 Notwithstanding clause 31.7.1, an employee who resigns to accept an appointment with an organization listed in Schedules I, IV and V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.
31.8 Advance payment
- 31.8.1 The Council agrees to issue advance payments of estimated net salary for the period of vacation requested, provided six (6) weeks' notice is received from the employee prior to the last pay day before proceeding on leave. Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure and shall consist of an estimated two (2), three (3), four (4) or five (5) weeks' net entitlement subsequent to the last regular pay issue.
- 31.8.2 Any overpayment in respect of such advance shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.
** 31.9 Continuous / discontinuous service
- 31.9.1 For the purposes of this Article only, all service within the Public Service, as defined in the Federal Public Service Labour Relations Act, whether continuous or discontinuous, shall be included in the calculation of vacation leave credits.
- 31.9.2Grandfathering Provision Notwithstanding sub-clause 31.9.1 above, an employee who was a member of the bargaining unit on the date of signing of the collective agreement shall retain, for the purpose of "service" and of establishing his vacation entitlement, those periods of former service which had previously qualified for counting as continuous employment, until such time as his employment is terminated.
- 31.9.3 Former Canadian Forces Service For the purpose of clause 31.1 only, effective April 1, 2012 on a go forward basis, any former service in the Canadian Forces for a continuous period of six months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall be included in the calculation of vacation leave credits, once verifiable evidence of such service has been provided in a manner acceptable to the Council.
31.10 Special vacation leave entitlement
- An employee shall be credited with a one-time entitlement of thirty-seven decimal five (37.5) hours of special vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in clause 31.9.
- The vacation leave provided in clauses 31.10 (a) above shall be excluded from the application of paragraphs 31.4 and 31.5 dealing with the Carry-over and/or Liquidation of Vacation Leave.
Article 32: Designated holidays
32.1 Subject to sub-clause 32.2, the following days shall be designated as holidays with pay for employees:
- New Year's Day,
- Good Friday,
- Easter Monday,
- the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
- Canada Day,
- Labour Day,
- the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
- Remembrance Day,
- Christmas Day,
- Boxing Day,
- one additional day in each year that, in the opinion of the Council, 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 Council no such day is recognized as a provincial or civic holiday, the first Monday in August, and
- one additional day when proclaimed by an Act of Parliament as a National Holiday.
32.2 Clause 32.1 shall not apply to an employee who is absent without pay on both the working day immediately preceding and the working day immediately following the designated holiday.
32.3 Holiday falling on a day of rest
- 32.3.1 When a day, except Boxing Day, designated as a holiday under sub-clause 32.1 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following his day of rest. Boxing Day shall be observed on the first normal working day immediately following the calendar day on which Christmas Day is granted as a designated holiday.
- 32.3.2 When a day designated as a holiday for an employee is moved to another day under the provisions of sub-clause 32.3.1;
- 32.3.2.1 work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest, and
- 32.3.2.2 work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.
32.4 Remuneration for work on a designated holiday
- 32.4.1 Where an employee is required by the Council to work on a holiday the employee shall be paid, in addition to the pay the employee would have been granted had the employee not worked on the holiday,
- 32.4.1.1 time and one-half for all hours worked to a maximum of the employee's normal daily scheduled hours of work; and
- 32.4.1.2 double time for all hours worked in excess of the employee's normal daily scheduled hours of work. or
- 32.4.2.1 The day of leave with pay at a later date earned under sub-clause 32.4.2 is in lieu of the pay the employee would have been granted had the employee not worked on the designated holiday.
- 32.4.2.2 The Council shall grant leave earned under the provisions of sub-clause 32.4.2 at times which are mutually acceptable to the employee and to the Council.
- 32.4.2.3 If any lieu days cannot be liquidated by the end of September of each calendar year, they will be paid off at the employee's daily rate of pay.
- 32.4.6.1 compensation at the applicable overtime rate for work on a designated holiday, or
- 32.4.6.2 compensation equivalent to three (3) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours compensation, at the straight-time rate, in an eight (8) hour period.
- 32.4.7.1 an allowance at the kilometric rate normally paid to an employee when authorized by the Employer to use his automobile when the employee travels by means of his own automobile or
- 32.4.7.2 out-of-pocket expenses for other means of commercial transportation.
Time spent by an employee reporting to work or returning to his residence shall not constitute time worked.
32.5 Meal allowance
- 32.5.1 An employee who is required to work eleven (11) or more consecutive hours on a designated holiday and does so shall be reimbursed for one (1) meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
- 32.5.2 For every additional four (4) hour period of continuous work on the designated paid holiday, in addition to the meal allowance provided for in sub-clause 32.5.1, the employee shall be reimbursed for an additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
Article 33: Sick leave
33.1 Credits
- 33.1.1 An employee shall earn sick leave credits at the following rate,
- 33.1.1.1 nine decimal three seven five (9.375) hours for each calendar month in which the employee has received pay for at least seventy-five (75) hours and such leave credits shall be on a cumulative basis from year to year.
33.2 Granting of sick leave
- 33.2.1 An employee shall be granted sick leave with pay when the employee is unable to perform his duties because of illness or injury provided that
- 33.2.1.1 the employee satisfies the Council of this condition in such a manner and at such time as may be determined by the Council, and
- 33.2.1.2 the employee has the necessary sick leave credits.
33.3 Advance of credits
- 33.3.1 When an employee has insufficient credits to cover the granting of sick leave with pay under the provisions of clause 33.2, sick leave with pay may, at the discretion of the Council, be granted
- 33.3.1.1 for a period of up to one hundred eighty-seven decimal five (187.5) working hours if the employee is awaiting a decision on an application for injury-on-duty leave, or
- 33.3.1.2 for periods of up to one hundred twelve decimal five (112.5) working hours if the employee has not submitted an application for injury-on-duty leave, provided that an employee's total sick leave deficit shall not exceed one hundred twelve decimal five (112.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned, or if an employee resigns any salary overpayment shall be recovered by the Council from the employee by other means.
Article 34
** Article 35: Other leave with or without pay
35.1: General
- 35.1.1 In respect of any requests for leave under this article, the employee, when required by the Council, must provide satisfactory validation of the circumstances necessitating such request, in such manner and at such time as may be determined by the Council.
- 35.1.2 Any period of leave without pay of more than three (3) months granted under this Article for reasons other than illness, shall be deducted from the calculation of continuous employment or service as applicable, for the purpose of calculating severance pay and vacation leave for the employee involved, unless otherwise specified in this agreement.
- 35.1.3 Time spent on such leave shall not be counted for pay increment purposes unless otherwise specified in this agreement.
** 35.2: Bereavement leave
For the purpose of this clause, "immediate family" is defined as father, mother, (or alternatively stepfather, stepmother, or foster parent), brother, sister, step-brother, step-sister, spouse, (including common-law partner resident with the employee), child, (including child of common-law partner), stepchild, foster child or ward of the employee, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandparent, grandchild and any other relative permanently residing in the employee's household or with whom the employee permanently resides.
In addition, a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee shall be entitled to bereavement leave only once during the employee's total period of employment in the public service.
- When a member of an employee's immediate family dies, an employee shall be entitled to a bereavement leave with pay which must include the day of the funeral or memorial commemorating the deceased or must begin within two (2) days following the death. During such leave the employee shall be paid for those days that are not regularly scheduled days of rest for the employee.
- At the request of the employee, such bereavement leave with pay may be taken in a single period of seven (7) consecutive calendar days or may be taken in two (2) periods of a maximum of five (5) working days.
- In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.
- When requested to be taken in two (2) periods,
- The first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following death, and
- The second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony.
- The employee may be granted no more than three (3) days leave with pay, in total, for the purposes of travel for these two (2) periods.
35.3: Examination leave
- 35.3.1 Examination leave with pay shall be granted for an employee to write an examination for an accredited secondary school, technological institute or university subject, provided the course of study of the employee concerned can reasonably be construed by the Council as likely to increase the employee's usefulness to the Council and is not an examination for a completely extraneous subject.
35.4: Court leave
- 35.4.1 Leave of absence with pay shall be given to every employee, other than an employee on leave of absence without pay, or under suspension, who is required
- 35.4.1.1 to be available for jury selection; or
- 35.4.1.2 to serve on a jury; or
- 35.4.1.3 by subpoena or summons to attend as a witness in any proceeding held
- in or under the authority of a court of justice of Canada;
- before a court, judge, justice, magistrate or coroner of Canada;
- before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of his position;
- before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by Canadian law to compel the attendance of witnesses before it; or
- before an arbitrator or umpire or a person or body of persons authorized by Canadian law to make an inquiry and to compel the attendance of witnesses before it.
35.5: Injury-on-duty
- 35.5.1 An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Council where it is determined by a provincial Worker's Compensation Board that the employee is unable to perform his duties because of
- 35.5.1.1 personal injury accidentally received in the performance of his duties and not caused by the employee's willful misconduct,
- 35.5.1.2 sickness resulting from the nature of the employee's employment,
- 35.5.1.3 over-exposure to radioactivity or other hazardous conditions in the course of the employee's employment, if the employee agrees to remit to the Receiver General of Canada any amount received for loss of pay in settlement of any claim the employee may have in respect of such injury, sickness or exposure provided however that such amount does not stem from a personal disability policy for which the employee or his agent has paid the premium.
35.6: Personnel selection leave
- 35.6.1 Where an employee participates in a personnel selection process for a position in the Public Service, as defined in the Financial Administration Act, the Council shall grant leave of absence with pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as the Council considers reasonable for the employee to travel to and from the place where his presence is so required.
35.7: Maternity leave without pay
- An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.
- Notwithstanding 35.7(A)(1):
- where the employee's new-born child is hospitalized within the period defined in 35.7(A)(1); and
- where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence of the Council, returns to work for all or part of the period during which her new-born child is hospitalized; the period of maternity leave without pay defined in 35.7(A)(1) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee returned to work, to a maximum of eighteen (18) weeks.
- use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
- use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this clause, illness or injury as defined in the Sick Leave Article shall include medical disability related to pregnancy.
** 35.8: Maternity allowance
- An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:
- has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
- provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
- has signed an agreement with the Employer stating that:
- she will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
- following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance;
- should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows: (allowance received) × [(remaining period to be worked following her return to work) ÷ (total period to be worked as specified in (B))]. however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).
- where an employee is subject to a waiting period before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable allowance" for each week of the waiting period, less any other monies earned during this period, and
- for each week that the employee receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable allowance" and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period, and
- Where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, ninety three per cent (93%) of her weekly rate of pay for each week (and the recruitment and retention "terminable allowance", if applicable), less any other monies earned during this period.
- for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay;
- for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight-time earnings by the straight-time earnings the employee would have earned working full-time during such period.
35.9 Special maternity allowance for totally disabled employees
- An employee who:
- fails to satisfy the eligibility requirement specified in 35.8(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving EI or the Québec Parental Insurance maternity benefits; and
- has satisfied all of the other eligibility criteria specified in 35.8(a), except 35.8(a)(ii) and 35.8(a)(iii); shall be paid, in respect of each week of maternity allowance not received for the reason described in 35.9(A)(1), the difference between ninety-three percent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, LTD Plan or via the Government Employees Compensation Act.
35.10: Maternity-related reassignment or leave
- An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the fifty-second (52nd) week following the birth, request the Council to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.
- An employee's request under sub-clause 35.10(a) above must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Council may obtain an independent medical opinion.
- An employee who has made a request under sub-clause 35.10(a) above is entitled to continue in her current job while the Council examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Council:
- modifies her job functions or reassigns her, or
- informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
** 35.11: Parental leave without pay
- Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for either:
- a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option), or
- a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option), beginning on the day on which the child is born or the day on which the child comes into the employee's care.
- a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period (standard option), or
- a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option), beginning on the day on which the child comes into the employee's care.
- where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay, or
- where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization while the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the employee's care.
- defer the commencement of parental leave without pay at the request of the employee;
- grant the employee parental leave without pay with less than four (4) weeks' notice;
- require an employee to submit a birth certificate or proof of adoption of the child.
** 35.12: Parental allowance
Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options, either:
- Option 1: standard parental benefits, 35.12 paragraphs (c) to (k), or
- Option 2: extended parental benefits, 35.12 paragraphs (l) to (t).
Once an employee elects the standard or extended parental benefits and the weekly benefit top up allowance is set, the decision is irrevocable and shall not be changed should the employee return to work at an earlier date than that originally scheduled.
Under the Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.
Parental Allowance Administration
- An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i) or (l) to (r), providing he or she:
- has completed six (6) months of continuous employment before the commencement of parental leave without pay,
- provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer, and
- has signed an agreement with the Employer stating that:
- the employee will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
- Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the standard parental allowance in addition to the period of time referred to in section 35.8(a)(iii)(B), if applicable. Where the employee has elected the extended parental allowance, following his or her return to work, as described in section (A), the employee will work for a period equal to sixty percent (60%) of the period the employee was in receipt of the extended parental allowance in addition to the period of time referred to in section 35.8(a)(iii)(B), if applicable.
- should he or she fail to return to work as described in section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: (allowance received) × [(remaining period to be worked following her return to work) ÷ (total period to be worked as specified in (B))]. however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
- where an employee on parental leave without pay as described in 35.11(a)(i) and (b)(i), has elected to receive Standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his or her weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for the waiting period, less any other monies earned during this period;
- for each week the employee receives parental, adoption or paternity benefits, under the Employment Insurance Plan or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate (and the recruitment and retention "terminable allowance" if applicable) and the parental, adoption or paternity benefits, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefits to which he or she would have been eligible if no extra monies had been earned during this period;
- where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit or has divided the full thirty-two (32) weeks of parental benefits with another employee in receipt of the full five (5) weeks paternity under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period;
- where an employee has divided the full thirty-seven (37) weeks of adoption benefits with another employee under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period;
- where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 35.8(c)(iii) for the same child.
- where an employee has divided the full forty (40) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 35.8(c)(iii) and 35.12(c)(v) for the same child;
- for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
- for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
- where an employee on parental leave without pay as described in 35.11(a)(ii) and (b)(ii), has elected to receive extended Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for the waiting period, less any other monies earned during this period;
- for each week the employee receives parental benefits under the Employment Insurance, he or she is eligible to receive the difference between fifty-five decimal eight per cent (55.8%) of his or her weekly rate (and the recruitment and retention "terminable allowance" if applicable) and the parental benefits, less any other monies earned during this period which may result in a decrease in his or her parental benefits to which he or she would have been eligible if no extra monies had been earned during this period;
- where an employee has received the full sixty-one (61) weeks of parental benefits under the Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 35.8(c)(iii) for the same child.
- where an employee has divided the full sixty-nine (69) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of their weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 35.8(c)(iii) for the same child;
- for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of parental leave without pay;
- for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
35.13: Special parental allowance for totally disabled employees
- An employee who:
- fails to satisfy the eligibility requirement specified in 35.12(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or via the Government Employees Compensation Act prevents the employee from receiving EI or the QPIP benefits; and
- has satisfied all of the other eligibility criteria specified in 35.12(a) except 35.12(a)(ii) and 35.12(a)(iii) shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in 35.13(A)(1), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
** 35.14: Leave without pay for the care of family
- 35.14.1 Both parties recognize the importance of access to leave for the purpose of the care of family.
- 35.14.2 For the purposes of this article, family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of legal or common-law partner), parents (including stepparents or foster parents), any relative permanently residing in the employee's household or with whom the employee permanently resides or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
- 35.14.3 Subject to clause 35.14.2, an employee shall be granted leave without pay for the care of family in accordance with the following conditions:
- an employee shall notify the Council in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;
- leave granted under this article shall be a minimum period of three (3) weeks;
- the total leave granted under this article shall not exceed five (5) years during an employee's total period of employment in the Public Service;
- leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery.
** 35.14.4 Compassionate care (removed)
35.14.5 Leave granted under this clause for a period of more than three (3) months shall be deducted from the calculation of "continuous employment" for the purposes of calculating severance pay and from the calculation of service for the calculation of vacation leave.
35.14.6 Time spent on such leave shall not be counted for pay increment purposes.
35.14.7 An employee who has proceeded on leave without pay may change his or her return-to-work date if such change does not result in additional costs to the Council.
35.14.8 All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children prior to the date of signature of this agreement will not count towards the calculation of the maximum amount of time allowed for Care of Family during an employee's total period of employment in the Public Service.
35.14.9 Transitional provisions
These transitional provisions are applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this agreement.
- An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of a previous agreement continues on that leave for the approved duration or until the employee returns to work, if the employee returns to work before the end of the approved leave.
- An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of another agreement, continues on that leave for the approved duration or until the employees return to work before the end of the approved leave.
35.15: Leave without pay for personal needs
- 35.15.1 Leave without pay will be granted for personal needs, in the following manner:
- 35.15.1.1 Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs.
- 35.15.1.2 Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.
- 35.15.1.3 An employee is entitled to leave without pay for personal needs only once under each of 35.15.1.1 and 35.15.1.2 of this clause during his total period of employment in the Public Service. Leave without pay granted under this clause may not be used in combination with maternity, or parental leave without the consent of the Council.
- 35.15.1.4 Leave without pay granted under 35.15.1.2 of this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.
- 35.15.1.5 At the discretion of the Council, an employee who has proceeded on leave without pay under this clause, may change his return to work date.
35.16: Leave without pay to accompany spouse or common-law partner
- 35.16.1 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse or common-law partner is permanently relocated by the spouse's or common-law partner's employer and up to five (5) years to an employee whose spouse or common-law partner is temporarily relocated by the spouse's or common-law partner's employer.
- 35.16.2 Except where the period of such leave is less than three (3) months, the period of leave without pay granted under this sub-clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and vacation leave. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.
** 35.17: Leave with pay for family-related responsibilities
- 35.17.1 For the purpose of this sub-clause, family is defined as any relative permanently residing in the employee's household or with whom the employee permanently resides, the employee's spouse (or common-law partner resident with the employee), children (including foster children, and children of legal or common-law partner and ward of the employee), or parents (including step-parents or foster-parents), father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents and grandchildren of the employee, any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee, or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
- 35.17.2 The total leave with pay which may be granted under this clause shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
- 35.17.3 The Council shall grant leave with pay under the following circumstances:
- 35.17.3.1 An employee is expected to make every reasonable effort to schedule medical or dental appointments for dependent family members to minimize or preclude absences from work, however when alternate arrangements are not possible an employee shall be granted leave for a medical or dental appointment when the family member is incapable of attending the appointment alone, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify his/her supervisor of the appointment as far in advance as possible;
- 35.17.3.2 To provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
- 35.17.3.3 Leave with pay for needs directly related to the birth or to the adoption of the employee's child.
- 35.17.3.4 To attend school functions, if the supervisor was notified of the functions as far in advance as possible; and
- 35.17.3.5 To provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;
35.18: Medical appointment for pregnant employees
- 35.18.1 Up to three decimal seven five (3.75) hours of reasonable time off with pay for each appointment will be granted to pregnant employees for the purpose of attending routine medical appointments.
- 35.18.2 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.
35.19: Other leave with pay
- 35.19.1 This clause shall encompass, but is not limited to, the following:
- 35.19.1.1 at its discretion, the Council may grant leave with pay for purposes other than those specified in this Agreement, including military or civil defence training, and emergencies affecting the community or place of work;
- 35.19.1.2 every employee who is a qualified elector in municipal elections in Canada, shall, for the purpose of casting his vote on an election day, be excused from his regular duties for a period sufficient to allow the employee three (3) consecutive hours to vote immediately prior to the closing of the polls. In exceptional circumstances where the distance that the employee must travel in order to cast his vote requires more than this time, reasonable time off beyond that provided above may be granted;
- 35.19.1.3 with reference to federal and provincial elections, excused duty for voting purposes shall be sufficient to allow an employee who is a qualified elector the number of consecutive hours to vote immediately prior to closing of the polls specified in the Canada Elections Act or the relevant provincial election act.
35.20: Leave with or without pay for other reasons
- 35.20.1 At its discretion, the Council may grant leave with or without pay for purposes other than those specified in this Agreement.
** 35.21: Caregiving leave
- An employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) benefits for Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults may be granted leave without pay while in receipt of or awaiting these benefits.
- The leave without pay described in 35.21 (a) shall not exceed twenty-six (26) weeks for Compassionate Care Benefits, thirty-five (35) weeks for Family Caregiver Benefits for Children and fifteen (15) weeks for Family Caregiver Benefits for Adults, in addition to any applicable waiting period.
- When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been accepted.
- When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been denied, clause 35.21(a) above ceases to apply.
- Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.
35.22: Personal leave
- 35.22.1 Subject to operational requirements as determined by the Council and with an advance notice of at least five (5) working days, an employee shall be granted, in each fiscal year, fifteen (15) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of seven decimal five (7.5) hours or three decimal seven five (3.75) hours.
- 35.22.2 The leave shall be scheduled at a time convenient both to the employee and the Council. Nevertheless, the Council shall make every reasonable effort to grant the leave at such a time as the employee may request.
** 35.23: Domestic violence leave
For the purposes of this article domestic violence is considered to be any form of abuse or neglect that an employee or an employee's child experiences from someone with whom the employee has or had an intimate relationship.
- The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.
- Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence from someone with whom the employee has or had an intimate relationship shall be granted domestic violence leave in order to enable the employee, in respect of such violence:
- to seek care and/or support for themselves or their dependent child in respect of a physical or psychological injury or disability;
- to obtain services from an organization which provides services for individuals who are subject to domestic violence;
- to obtain professional counselling;
- to relocate temporarily or permanently; or
- to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.
** 35.24: Education leave without pay
- The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee's present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
- At the Employer's discretion, an employee on education leave without pay under this article may receive an allowance in lieu of salary of up to one hundred per cent (100%) of the employee's annual rate of pay, depending on the degree to which the education leave is deemed by the Employer to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
- Allowances already being received by the employee may, at the discretion of the Employer, be continued during the period of the education leave. The employee shall be notified when the leave is approved as to whether such allowances are to be continued in whole or in part.
- As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted.
- If the employee:
- fails to complete the course;
- does not resume employment with the Employer on completion of the course; or
- ceases to be employed except by reason of death or lay-off before termination of the period he or she has undertaken to serve after completion of the course; the employee shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.
** 35.25: Career development leave
35.25.1 Career development refers to an activity which, in the opinion of the Employer, is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:
- a course given by the Employer;
- a course offered by a recognized academic institution;
- a seminar, convention or study session in a specialized field directly related to the employee's work.
35.25.2 Upon written application by the employee and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in clause 35.25.1. The employee shall receive no compensation under Article 39: Overtime, or Article 46: Travelling time, during time spent on career development leave provided for in this article.
35.26: Leave without pay to serve as union president
- 35.26.1 The Council shall grant leave without pay to an employee who is elected to serve as President of the Association. The Council agrees that if the substantive position of the employee is to be filled, it will be filled on a term basis for a three (3) year period. If the employee ceases to be President either during or at the completion of this initial three (3) year term in office, he shall return to his substantive position.
- 35.26.2 The employee must provide NRC with a minimum of two (2) months notice of his intention to return to work.
- 35.26.3 Should the employee's substantive position no longer exist due to a Workforce Adjustment situation, the employee, at time of return, shall become subject to the Workforce Adjustment Policy.
- 35.26.4 The period of leave without pay shall be deducted from the calculation of continuous employment or service, as applicable, for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall not count for pay increment purposes.
Article 36: Hours of work
36.1 The scheduled work week shall be thirty-seven decimal five (37.5) hours from Monday to Friday inclusive, and the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a lunch period, between the hours of 07:00 hours and 18:00 hours daily with Saturdays and Sundays as days of rest.
36.2 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.
36.3 Subject to sub-clause 36.1 the Council shall schedule hours of work for all employees so as to meet operational requirements.
36.4 An employee will register his attendance in a form determined by the Council.
36.5 Variable hours of work (VHW)
- 36.5.1 Notwithstanding the provisions of clause 36.1, upon request of an employee and subject to operational requirements as determined by the Council, an employee may complete the weekly hours of work 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 decimal five (37.5) hours per week. Such request shall not be unreasonably denied.
- 36.5.2 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.
- 36.5.3 Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours of work 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 Council to schedule any hours of work permitted by the terms of this Agreement.
- 36.5.4 The scheduled hours of work of any day as set forth in a variable schedule specified in clause 36.5.6, may exceed or be less than seven decimal five (7.5) hours; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Council and the daily hours of work shall be consecutive.
- 36.5.5 Such schedules shall provide an average of thirty-seven decimal five (37.5) hours of work per week over the life of the VHW schedule.
- 36.5.6 The maximum life of a VHW schedule shall be six (6) months.
- 36.5.7 Whenever the variable hours of work schedule changes or is terminated, all appropriate adjustments will be made.
- 36.5.8 Specified Application of this Agreement
- 36.5.8.1 For greater certainty, the following provisions of this Agreement shall be administered as provided herein.
- Interpretation and definitions "Daily rate of pay" – shall not apply
- Overtime 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-quarters (1 ¾).
- Designated holidays
- A designated paid holiday shall account for seven decimal five (7.5) hours.
- When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the pay for the hours specified in sub-paragraph (i), at time and one-half (1 ½) up to his regular scheduled hours of work and at double (2) times for all hours worked in excess of his regular scheduled hours.
- Travelling Overtime compensation referred to in article 46, shall only be applicable on a work day for hours in excess of the employee's daily scheduled hours of work.
- Acting pay The qualifying period for acting pay as specified in Article 42 shall be converted to hours.
- Scheduled hours of work Means the daily hours of work in a variable hours of work schedule as determined by the employee and the Council.
- Leave
- For purposes of earned leave credits or other leave entitlements, a day shall be equal to seven decimal five (7.5) hours.
- 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.
Article 37: Rest periods
37.1 An employee shall be entitled to receive two (2) paid rest periods of fifteen (15) minutes each during each normal working day or shift. Rest periods are normally to be taken as follows: on or about the mid-point of the morning and afternoon or on or about the mid-point of the first and second half of each shift. The Council will not unreasonably withhold these rest periods due to operational requirements.
Article 38
Article 39: Overtime
39.1 In this article, "overtime" means authorized work performed by an employee in excess of his scheduled hours of work.
39.2 Overtime compensation shall not be paid to an employee attending courses, training sessions, conferences and seminars unless such overtime compensation has been authorized by the Council in advance of the course, training session, conference or seminar.
39.3 Where overtime work is authorized in advance by the Council, an employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by the employee.
39.4 For the purpose of avoiding the pyramiding of overtime, there shall be no duplication of overtime payments for the same hours worked.
39.5 An employee whose employment is terminated by reason of abandonment of his position is entitled to receive the payment for overtime earned but for which the employee has not received payment if he so requests it in writing within six (6) months following the date upon which his employment is terminated by a declaration by the Council.
39.6 An employee whose services with the Council terminate for any reason, except as provided in clause 39.5, shall be entitled to receive compensation for overtime earned but for which he has not received payment.
39.7 If an employee dies, overtime credits earned but not liquidated by compensatory leave or cash payment before death shall be paid to the employee's estate.
Assignment of overtime work
39.8 Subject to operational requirements, the Council shall make every reasonable effort:
- 39.8.1 to offer overtime work on an equitable basis among readily available qualified employees, and
- 39.8.2 to give employees who are required to work overtime adequate advance notice of the requirement.
39.9 Except in cases of emergency, no employee shall be required to work for more than sixteen (16) consecutive and contiguous hours. An interval of not less than eight (8) hours must elapse before an employee is required to resume his duties after having worked for sixteen (16) consecutive and contiguous hours.
39.10 The Association is entitled to consult with the Council whenever it is alleged that employees are required to work unreasonable amounts of overtime.
Overtime compensation on a workday
39.11 Except for employees to whom the provisions of clause 39.14 apply and subject to clause 39.3, an employee who is required by the Council to work overtime on a normally scheduled working day shall receive overtime compensation at time and one-half (1 ½) for each of the first seven decimal five (7.5) hours of overtime worked by him in excess of his normal work day, and double (2) time for each hour of overtime worked in any contiguous period by him thereafter.
39.12 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 his 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.
39.13 If an employee is given instructions, after the midpoint of the employee's work day or after the beginning of his 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.
Overtime compensation on a day of rest
39.14 Subject to clause 39.3
- 39.14.1 an employee who is required to work on a first day of rest is entitled to compensation at time and one-half (1 ½) for the first seven decimal five (7.5) hours and double (2) thereafter;
- 39.14.2 an employee who is required to work on a second or subsequent day of rest is entitled to compensation at double (2) time, provided the days of rest are in an unbroken series of consecutive and contiguous calendar days of rest and without the requirement of having worked on the first day of rest.
- 39.14.3 notwithstanding sub-clause 39.14.2, where at the request of an employee and with the consent of the Council, work to be performed on a first day of rest is rescheduled to be performed on a second or subsequent day of rest, overtime compensation will be paid in accordance with sub-clause 39.14.1.
39.15 When an employee is required by the Council to report for work and reports on a day of rest, the employee shall be paid the greater of:
- 39.15.1 compensation at the applicable overtime rate, or
- 39.15.2 compensation equivalent to three (3) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours compensation at the straight time rate, in an eight (8) hour period.
39.16 When an employee is required by the Council to report for work on a day of rest but is able to complete the required work from his place of residence without having to report to his place of work, will be entitled to the greater of:
- 39.16.1 compensation at the applicable overtime rate; or
- 39.16.2 compensation equivalent to two (2) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours compensation, at the straight time rate, in an eight (8) hour period.
Compensation by cheque or leave with pay
39.17 Overtime shall be compensated monetarily except where, upon the request of an employee and with the approval of the Council, overtime may be compensated in equivalent leave with pay.
39.18 The Council shall endeavour to pay overtime by the fourth (4th) week after which the employee submits the request for payment.
39.19 The Council shall grant compensatory leave at times convenient to both the employee and the Council
39.20 Compensatory leave credits earned in a fiscal year and outstanding on September 30 of the following fiscal year, will be liquidated by means of payment to the employee on the basis of one (1) hour's pay at straight-time rate for each hour of compensatory leave credit so liquidated at the rate of pay of the employee's substantive position.
39.21 Compensatory leave credits shall be used prior to the use of any vacation leave credits that have accrued or will accrue to an employee during the fiscal year.
Meals
39.22 An employee who works three (3) or more hours of overtime immediately before or immediately following his normal hours of work shall be reimbursed his expenses for one meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided.
39.23 For every additional four (4) hour period of continuous overtime, in addition to the meal allowance provided for in sub-clause 39.22, the employee shall be reimbursed for an additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
39.24 An employee who is required to work eleven (11) or more consecutive hours on a day of rest and does so shall be reimbursed for one (1) meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
39.25 For every additional four (4) hour period of continuous overtime, the employee shall be reimbursed, in addition to the meal allowance provided for in sub-clause 39.24, for an additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.
39.26 Reasonable time with pay, to be determined by the Council, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to his place of work.
39.27 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.
Transportation expenses
39.28 When an employee is required to report for work under conditions described in clauses 39.12, 39.13, 39.14 or 39.15 and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:
- 39.28.1 an allowance at the kilometric rate normally paid to an employee when authorized by the Council to use his automobile when the employee travels by means of his own automobile, or
- 39.28.2 out-of-pocket expenses for other means of commercial transportation. Time spent by an employee reporting to work or returning to his residence shall not constitute time worked.
Article 40: Call-back pay
40.1 When an employee is called back by the Council to perform work that has not been scheduled in advance, he is entitled to the greater of:
- 40.1.1 compensation at the applicable overtime rate, or
- 40.1.2 compensation equivalent to three (3) hours' pay at the applicable overtime rate for each reporting to a maximum of eight (8) hours compensation, at the straight-time rate, in an eight hour period, provided that the period of time worked by the employee is not contiguous to the previous shift.
40.2 An employee who is called back by the Council to perform work that has not been scheduled in advance but who is able to complete the required work from his place of residence without having to return to his place of work, is entitled to the greater of:
- 40.2.1 compensation at the applicable overtime rate; or
- 40.2.2 compensation equivalent to two (2) hours' pay at the applicable overtime rate.
40.3 Call-back pay is not to be construed as different from or additional to overtime compensation or compensation for work on a designated holiday, but shall be construed so as to establish a minimum of overtime compensation to be paid.
40.4 When an employee is recalled to work overtime under the conditions described in sub-clause 40.1, and is required to use transportation services other than normal public transportation services, he shall be reimbursed for reasonable expenses incurred as follows:
- 40.4.1 an allowance at the kilometric rate normally paid to an employee when authorized by the Council to use his automobile when the employee travels by means of his own automobile, or
- 40.4.2 out-of-pocket expenses for other means of commercial transportation.
40.5 Time spent by an employee reporting to work or returning to his residence shall not constitute time worked.
Article 41: Standby pay
41.1 Where the Council requires an employee to be available on either primary or backup standby during off-duty hours, that employee shall be entitled to a standby payment of one-half (1/2) hour's pay, at the straight time rate, for each 4 hours or portion thereof of standby.
41.2 An employee designated for standby duty shall be available during his period of standby at a known telephone number and be able to return for duty as quickly as possible.
41.3 No standby payment shall be made if an employee is unable to report for duty when required.
41.4 An employee on standby who is called in to work and who reports for work shall be compensated in accordance with the Call Back provisions of this Agreement.
Article 42: Acting pay
42.1 When an employee is required by the Council to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least three (3) consecutive working days, the employee shall be paid acting pay calculated from the date on which he commenced to act as if he had been appointed to that higher classification level for the period in which he acts.
42.2 If disagreement arises on the application of this Clause, the parties shall consult in an effort to resolve any differences.
Article 43
Article 44: Pay administration
44.1 Entitlement to pay
- 44.1.1 Every employee is entitled to be paid for services rendered at one of the rates of pay specified in Schedule 1 for the classification level to which he has been appointed by the Council;
- 44.1.2 the rates of pay in Schedule 1 shall be implemented as indicated therein.
44.2 Rate of pay on initial appointment
- 44.2.1 An employee's rate of pay on initial appointment shall not be less than the minimum nor more than the maximum rate of the range of rates applicable to the classification level in the group to which he is appointed by the Council.
- 44.2.2 An employee who was appointed above the minimum rate during a period where a pay increase becomes retroactive and who is notified in writing at the time of his letter of appointment that a negotiated retroactive pay increase would not apply to him shall, effective from the date of his appointment, have his rate of pay on appointment altered to the rate in the new scale of rates for his classification level which is nearest to but not less than the rate at which he was appointed. Changes in the employee's rate of pay which took place during the retroactive period will also be recalculated on the basis set forth in this paragraph.
44.3 Rate of pay on promotion
- 44.3.1 When an employee is appointed by the Council to a higher classification level in the same group, he shall be paid at the nearest rate in the new classification level which gives the employee a salary increase not less than the minimum increment of the higher classification level to which he is being appointed by the Council. If there is no such rate the employee shall be paid the maximum rate in his new scale.
- 44.3.2 Where an employee who is being paid Acting Pay is promoted to the position for which the employee is receiving Acting Pay, he shall be paid in that position at the rate at which the employee was being paid Acting Pay and the employee's first pay increment in that position shall become due on the date on which it would have become due as if the employee had been promoted to that position on the date on which he was most recently authorized to receive Acting Pay in that position.
44.4 Coincidences of effective date
- 44.4.1 Where there is a coincidence of date of appointment by the Council to a higher level in the same group and either a pay increment date or a general salary revision date or both, the employee's rate shall be adjusted in the following sequence as applicable:
- 44.4.1.1 the employee shall receive his pay increment;
- 44.4.1.2 his rate of pay shall be revised in accordance with the general salary revision;
- 44.4.1.3 his rate of pay on appointment shall be established in the new classification level in accordance with the provisions of sub-clause 44.3.1.
44.5 Pay increments
- 44.5.1 Except as provided in sub-clauses 44.5.4 and 44.5.5 of clause 44.5 an employee holding an appointment at one of the classification levels listed in Schedule 1 of this Agreement shall be granted pay increments on completion of the applicable pay increment period until he reaches the maximum rate in the scale of rates for the classification level to which he is appointed.
- 44.5.2 For the purpose of computing periods of service for pay increments a "month" is a calendar month in which an employee receives pay for at least seventy-five (75) hours. Periods of leave without pay and in excess of two (2) months in the case of annual increments will defer an authorized increment by the number of months of leave without pay except as otherwise provided in this agreement. An increment shall not be authorized for any employee during a period of leave of absence without pay except where leave without pay for educational or military purposes or election to a full time municipal office has been authorized by the Council.
- 44.5.3 Where an employee is appointed on promotion, demotion or from outside the Council to a position in the bargaining unit specified in Article 1 and the appointment is after the date of signing of this Agreement, the pay increment date shall be the date of the employee's appointment to his classification level.
- 44.5.4 The Council may deny a pay increment to an employee if it is satisfied the employee is performing the duties of his position in an unsatisfactory manner. Where the Council intends to deny a pay increment the Council shall give the employee notice in writing of this decision at least two (2) weeks and not more than six (6) weeks prior to the date the pay increment would otherwise have been effective had it been authorized.
- 44.5.5 When an employee appointed to one of the classification levels listed in Schedule 1 of this Agreement is not granted a pay increment on the anniversary date on which a pay increment could normally have been authorized for him, a pay increment may be deferred by the Council to the first day of any month following the month from which the pay increment was deferred, and for subsequent increments in his classification level the employee shall retain the increment date that was applicable to him immediately prior to the denial referred to in sub-clause 44.5.4.
44.6 Payment following death of employee
- 44.6.1 When an employee dies the Council shall pay to the estate of that employee the amount of pay he would have received but for his death for the period from the date of his death to the end of the month in which his death occurred, provided that the employee has been continuously employed in the Public Service for one (1) year.
- 44.6.2 Any previous overpayment of salary to the deceased employee or any debt owing by him to the Council may be recovered from this payment.
44.7 A new employee shall be issued his first pay through direct deposit as soon as practical.
44.8 If an employee signs and submits to the Council an affidavit stating that he has lost or inadvertently mutilated his pay cheque, the Council shall make arrangements with Public Works and Government Services Canada, to issue a duplicate cheque as soon as possible.
44.9 An employee shall receive cheques or cash for pay supplements such as call-back pay, designated holiday pay, and overtime pay, where practicable in the pay period following that in which the pay supplements are earned.
44.10 Overtime pay which has been paid to an employee during the period covered by the retroactive general salary revisions (Schedule 1 of this Agreement), will be recomputed and the difference between the amount paid on the old salary scales and the amount payable on the new salary scales effective on the day the overtime was worked will be paid to the employee.
44.11 If during the life of this Agreement the Council should establish and implement a new classification standard applicable to employees covered by this Agreement, the Council and the Association shall, before rates of pay are applied to new classification levels resulting from the application of the standard, negotiate new rates of pay if applicable and shall also negotiate rules affecting the pay of employees on their movement to the new classification levels.
Article 45: Technological change
45.01 The parties have agreed that in cases where, as a result of technological change, the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the Work Force Adjustment Policy concluded by the parties will apply. In all other cases, the following clauses will apply:
45.02 In this Article "Technological Change" means:
- the introduction by the Council of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of employees; or
- a major change in the Council's operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the employees.
45.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Council's operations. Where technological change is to be implemented, the Council will seek ways and means of minimizing adverse effects on employees which might result from such changes.
45.04 The Council agrees to provide as much advance written notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days to the Association of the introduction or implementation of technological change.
45.05 The written notice provided for in clause 45.04 will provide the following information:
- the nature and degree of change;
- the anticipated date or dates on which the Council plans to effect change;
- the location or locations involved.
45.06 As soon as reasonably practicable after notice is given under clause 45.04, the Council shall consult meaningfully with the Association concerning the effects of the technological change referred to in clause 45.04 on each group of employees. Such consultation will include but not necessarily be limited to the following:
- the approximate number, classification and location of employees likely to be affected by the change;
- the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.
45.07 When, as a result of technological change, the Council determines that an employee requires new skills or knowledge in order to perform the duties of his substantive position, the Council will make every reasonable effort to provide the necessary training during the employee's working hours and at no cost to the employee.
Article 46: Travelling
46.1 Where an employee is required by the Council to travel on Council business outside his headquarters area as normally defined by the Council, the method of travel shall be determined by the Council and the employee shall be compensated in the following manner:
- 46.1.1 On a normal working day on which the employee travels but does not work, the employee shall receive his regular pay for the day.
- 46.1.2 On a normal working day on which the employee travels and works, the employee shall be paid:
- 46.1.2.1 his regular pay for the day for a combined period of travel and work, and
- 46.1.2.2 at the applicable overtime rate for additional travel time in excess of the employee's normal workday, with a maximum payment for such additional travel time not to exceed fifteen (15) hours' pay at the straight-time rate in any day.
46.2 Clause 46.1 shall not apply to any period in excess of the normal work day during which the employee is resident in any accommodation for which the Council or its agent absorbs the cost. However, travelling time shall include time necessarily spent at each stop-over up to a maximum of three (3) hours at each such stop-over.
- 46.2.1 An employee may, subject to the approval of the Council, make an irrevocable election to receive leave with pay in lieu of the compensation provided under sub-clauses 46.1.2.2 and 46.1.3.
- 46.2.2 Consistent with operational requirements and subject to adequate advance notice by the employee, the Council shall grant compensatory leave at times which are mutually acceptable to the employee and the Council.
- 46.2.3 Compensatory leave credits earned but not granted by the end of September each year will be liquidated by means of compensation by cheque to the employee on the basis of one (1) hour's pay at the straight-time rate for each hour of compensatory leave so liquidated.
46.3 Clause 46.1 does not apply to an employee travelling by means of any type of transport in which the employee is required by the Council to perform work. In such circumstances, the employee shall receive the greater of:
- 46.3.1 on a normal working day, his regular pay for the day, or
- 46.3.2 pay for actual hours worked in accordance with the Designated Holidays, Hours of Work and Overtime articles of this Agreement.
46.4 Where an employee is required by an authorized officer of the Council to travel on his days of rest or on a designated holiday to attend a course, conference or seminar, the provisions of clause 46.1 shall apply.
46.5 Where an employee is permitted, but not required, by an authorized officer of the Council to attend a course, conference or seminar, the provisions of clause 46.1 shall not apply, and no compensation shall be payable to the employee for time he travels outside his normal hours of work.
Article 47: Religious observance
47.1 The Council shall make every reasonable effort to accommodate an employee who requests time off to fulfill his religious obligations.
47.2 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.
47.3 Notwithstanding clause 47.2, at the request of the employee and at the discretion of the Council, time off with pay may be granted to the employee in order to fulfill his religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Council. 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 Council.
47.4 An employee who intends to request leave or time off under this Article must give notice to the Council as far in advance as possible but not later than four (4) weeks before the requested period of absence.
Article 48: No discrimination
48.1 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 Association, marital status or a conviction for which a pardon has been granted.
48.2 Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
48.3 If by reason of paragraph 48.2 a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
48.4 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.
Article 49: Sexual harassment
49.1 The Association and the Council 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.
49.2 Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
49.3 If by reason of paragraph 49.2 a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
49.4 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.
Article 50: Transportation of dangerous goods
50.1 An employee certified pursuant to the Transportation of Dangerous Goods Act and who is assigned the responsibility for packaging and labeling of Dangerous Goods for shipping in accordance with the above Act, shall receive a monthly allowance of seventy-five dollars ($75.00) for each month where the employee maintains such certification.
Article 51: Work force adjustment policy
51.1 The NRC Workforce Adjustment Policy shall form part of this collective agreement and shall be reviewed and negotiated by the signatories to the Policy in accordance with the terms and conditions described in the Policy.
- 36.5.8.1 For greater certainty, the following provisions of this Agreement shall be administered as provided herein.
- Notwithstanding 35.7(A)(1):
- An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.
- 22.1.1.1 When operational requirements permit, the Council will grant leave with pay: