THE PROFESSIONAL INSTITUTE

OF THE PUBLIC SERVICE OF CANADA

WITH RESPECT TO ITS

AUDIT, FINANCIAL AND SCIENTIFIC (AFS) BARGAINING UNIT

AND

THE CANADA REVENUE AGENCY

PROPOSALS FOR THE RENEWAL OF THE COLLECTIVE AGREEMENT EXPIRING DECEMBER 21, 2018

EXCHANGED PROPOSALS ON OCTOBER 2nd, 2018

Introduction

The Professional Institute of the Public Service of Canada (the Union) submits to the Canada Revenue Agency (the Employer) the following proposals for the renewal of the collective agreement between them regarding its Audit, Financial, and Scientific (AFS) Group. These proposals are submitted on a without prejudice basis allowing for errors or omissions and the Union reserves the right to submit further proposals as necessary, in response to Employer proposals, or as circumstances require.

In these proposals, additions are indicated in bold, deletions are indicated by a strikethrough, and entirely new provisions are indicated by the word “new” preceding the proposed language. The Union proposes the renewal of all provisions and memoranda not otherwise modified or deleted.

ARTICLE 2

INTERPRETATION AND DEFINITIONS

2.01 (h) designated paid holiday” means:

(i) the twenty-four (24) hour period commencing at 00:01 hour of a day designated as a holiday in this Agreement (jour férié désigné payé);

NEW

(ii) however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed to have been entirely worked:

(A) on the day it commenced where half (1/2) or more of the hours worked fall on that day, or

(B) on the day it terminates where more than half (1/2) of the hours worked fall on that day,

2.01 (m) “family” except where otherwise specified in this Agreement, means father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, step-brother, step-sister, spouse (including common-law partner spouse resident with the employee), fiancé/ fiancée, child (including child of common-law partner or foster child), stepchild or ward of the employee, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, aunt, uncle, niece, nephew, grandparent (including grandparent of spouse), and any person relative permanently residing in the employee’s household or with whom the employee permanently resides (famille);

ARTICLE 4

APPLICATION

4.02 In this Agreement, words importing any gender the masculine gender shall include all genders the feminine gender.

ARTICLE 8

HOURS OF WORK

8.02 Day Work

Rest periods

(d) Where operational requirements permit, the Employer will provide two (2) rest periods of fifteen (15) minutes each, per full working day.

NEW

(e) Employees in Call Centres who are required to staff the telephone lines are entitled to additional rest periods of 5 minutes per hour.

Article 8.02 (e) to be renumbered 8.02 (f)

Flexible hours

(e f) Upon the request of an employee and the concurrence of the Employer, an employee may work flexible hours on a daily basis so long as the daily hours amount to seven decimal five (7.5).

Paragraph 8.02(f) does not apply to employees classified as CS working a day work schedule. See alternate provisions at paragraphs 8.03(f) and (g).

Compressed work week

(f)

(i) Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his weekly hours of employment in a period of other than five (5) full days provided that over a period of 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. As part of the provisions of this subparagraph, attendance reporting shall be mutually agreed between the employee and the Employer. In every of fourteen (14), twenty‑one (21) or twenty‑eight (28) day period such an employee shall be granted days of rest on such days that are not scheduled as a normal work day for him.

(ii) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

Variable or compressed work week

(g) The representative of each of the parties hereto shall, during the currency of this Agreement, meet and consider the practicality of instituting work schedules that vary from seven decimal five (7.5) hours per day, Monday through Friday each week and/or vary from five (5) days per week. The parties shall make every reasonable effort to establish mutually acceptable work schedules that are consistent with operational requirements and shall particularly consider any specific proposals made by an employee or employees. If employees’ requests for a variation in hours of work are consistent with the needs of the operational requirements, then such requests shall be implemented.

(h) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

Terms and conditions governing the administration of variable hours

8.04 For employees to whom the provisions of paragraphs 8.02(g) and 8.02(h) 8.02(f) and 8.03(f) and 8.03(g) apply, the provisions of this Agreement which specifies days shall be converted to hours. Where this Agreement refers to a “day,” it shall be converted to seven decimal five (7.5) hours, except in clause 17.02, Bereavement leave with pay, where a day means a calendar day. Whenever an employee changes their his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

8.05 Shift and weekend premiums

(a) Shift premium

An employee on shift work shall receive a shift premium of three dollars and fifty cents ($3.50) two dollars ($2.00) per hour for all hours (including overtime hours) worked between 16:00 and 08:00 hours. The shift premium will not be paid for hours worked between 08:00 and 16:00 hours.

(b) Weekend premium

(i) Employees shall receive an additional premium of three dollars and fifty cents ($3.50) two dollars ($2.00) per hour for work on a Saturday and/or Sunday for hours worked as stipulated in subparagraph 8.05(b) (ii) below.

(ii) Weekend premium shall be payable in respect of all regularly scheduled hours at straight‑time hourly rates worked on Saturday and/or Sunday.

NEW

8.06 Alternative Working Arrangements

Upon request of an employee, said employee shall be allowed to work from their residence where the suitability standards described below are met:

a) The employee is able to provide, if required, a data and/or communications connection;

b) The employee is able to provide a dedicated workplace to perform the duties as assigned by the employer. Said workplace may be viewed by the employer with 48 hours notice to ensure that the space meets the security and health and safety requirements of the employer;

c) The employee shall ensure the protection and security of the employer’s data and information;

d) The employee shall not be responsible for any additional costs as a result of telework;

e) Employee requests to avail themselves of the options provided for under this article shall be not unreasonably denied.

NEW

8.07 Banked Time

a) At the request of an employee and with prior approval of the Employer, an employee may elect to work in excess of their normal hours of work either on a normal work day or on a day of rest or designated holiday and to accumulate these extra hours on a straight-time basis.

b) Banked-time credits shall be based on fifteen (15) minutes increments. An employee’s maximum number of banked credits at any one time may not exceed seventy-five (75) hours. Banked time shall not be converted to payment in cash at any time.

c) Accumulated banked-time credits will be taken as time off with pay at times requested by the employee and as approved by the Employer. An employee shall be required to accumulate sufficient banked-time credits prior to taking time off.

d) There will be no administrative advance of credits. Banked time shall not be converted to payment in cash at any time.

e) An employee who qualifies for another form of leave with pay may substitute banked-time leave for such leave.

f) Where employees have not used their accumulated banked-time credits at the end of the calendar year, a maximum of seven and one half (7.5) hours may be carried over into the next calendar year, for utilization at the earliest opportunity.

ARTICLE 9

OVERTIME

9.06 Meal allowance

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following their his scheduled hours of work shall be reimbursed for one (1) meal as per the CRA travel policy meal rates in the amount of twelve dollars ($12.00) except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed to the employee in order to take a meal either at or adjacent to their his place of work.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, he shall be reimbursed for one (1) additional meal as per the CRA travel policy meal rates in the amount of twelve dollars ($12.00) except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed to the employee in order that he may take a meal break either at or adjacent to their his place of work.

(c) Paragraphs 9.06(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

ARTICLE 12

DESIGNATED PAID HOLIDAYS

12.01 Subject to clause 12.02 below, the following days shall be designated paid holidays for employees:

(k) the first Monday in August,

(l) one (1) additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, one such day shall be the first Monday in August,

and

(m) one (1) any additional day when proclaimed by an Act of Parliament as a national holiday.

Article 13

TRAVELLING TIME

NEW

13.08 Travel-Status Leave

(a) An employee who is required to travel outside their headquarters area on government business, as these expressions are defined by the Employer, and is away from their permanent residence for twenty (20) nights during a fiscal year shall be granted seven decimal five (7.5) hours of time off with pay. The employee shall be credited seven decimal five (7.5) hours of additional time off with pay for each additional twenty (20) nights that the employee is away from their permanent residence, to a maximum of one hundred (100) additional nights.

(b) The number of hours off earned under this clause shall not exceed forty-five (45) hours in a fiscal year and shall accumulate as compensatory leave with pay.

(c) This leave with pay is deemed to be compensatory leave and is subject to paragraphs 9.04(a), (b) and (c).

(d) The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars, unless the employee is required to attend by the Employer.

Article 15

VACATION LEAVE

15.02 Accumulation of vacation leave credits

The union reserves the right to make additional proposals in relation to the above noted Article.

15.03

a) For the purpose of clause 15.02 above only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave. Except where a person who, on leaving the public service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay‑off and is reappointed to the public service within one (1) year following the date of lay‑off. For greater certainty, severance termination benefits taken under clauses 19.05 to 19.08 under Appendix “J”, or similar provisions in other collective agreements, do not reduce the calculation of service for employees who have not left the public service.

b) For the purpose of clause 15.03(a) only, effective April 1, 2012, on a go forward basis, any former service in the Canadian Forces for a continuous period of six (6) months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of vacation leave credits.

ARTICLE 16

SICK LEAVE

NEW

16.10 Medical Certificate

a) In all cases, a medical certificate provided by a legally qualified medical practitioner shall be considered as meeting the requirements of paragraph 16.02 a)

b) When an employee is asked to provide a medical certificate by the Employer, the employee shall be reimbursed by the Employer for all costs associated with obtaining the certificate. Employees required to provide a medical certificate shall also be granted leave with pay for all time associated with the obtaining of said certificate.

Article 17

OTHER LEAVE WITH OR WITHOUT PAY

17.02 Bereavement leave with pay

(a) When a member of the employee’s family dies, the employee shall be entitled to bereavement leave with pay. Such bereavement leave, as determined by the employee, must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days’ leave with pay for the purpose of travel related to the death.

(b) 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 to a maximum of five (5) working days.

(c) When requested to be taken in two (2) periods,

  1. The first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death, and
  2. The second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony.
  3. 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.

(d) An employee is entitled to one (1) day’s bereavement leave with pay for the purpose related to the death of his brother-in-law or sister-in-law. [Subject to accepting adding to family definition.]

(e) If, during a period of any authorized leave with pay sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he would have been eligible for bereavement leave with pay under paragraphs 17.02(a) and 17.02(d), the employee shall be granted bereavement leave with pay and their his paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

(f) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Commissioner may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a manner different than that provided for in paragraphs 17.02(a) and 17.02(d).

NEW

(g) Paragraph 17.02 (a) to (f) shall apply in the case of miscarriage or still-born child.

NEW

(h) An employee is entitled to leave with pay to attend, including travel to and from,

the funeral or memorial of a co-worker at CRA.

NEW

(i) Upon request of an employee, said employee shall be entitled to twenty-two decimal five (22.5) hours leave with pay to execute the duties of the administrator or executor / executrix of a deceased’s family member’s estate and/or will.

17.04 Maternity allowance

(a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (j), provided that she:

(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,

(ii) provides the Employer with proof that they have she has applied for and is in receipt of maternity benefits pursuant to section 22 of the Employment Insurance Act, or the Quebec Parental Insurance Plan (QPIP) in respect of insurable employment with the Employer,

(i) Where an employee becomes eligible for a pay increment, promotion or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

17.05 Special maternity allowance for totally disabled employees

The union reserves the right to make additional proposals in relation to the above noted Article.

17.07 Parental allowance

(a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he:

(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,

(ii) provides the Employer with proof that he has applied for and is in receipt of parental benefits pursuant to Section 23 of the Employment Insurance Act or Quebec Parental Insurance Plan (QPIP), in respect of insurable employment with the Employer,

(i) Where an employee becomes eligible for a pay increment, promotion or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.

The union reserves the right to make additional proposals in relation to the above noted Article.

17.08 Special parental allowance for totally disabled employees

The Institute reserves the right to make additional proposals in relation to the above noted Article.

17.09 Medical appointments for pregnant employees

(a) Up to seven decimal five (7.5) hours of time off with pay will be granted to employees for the purpose of attending a routine medical appointment.

(b) Where the partner of an employee is pregnant, up to seven decimal five (7.5) hours of time off with pay will be granted to the employee for the purpose of attending a routine medical appointment related to the pregnancy.

(a) Up to three decimal seven five (3.75) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

(b) 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.

17.13 Leave with pay for family‑related responsibilities

(a) The Employer shall grant leave with pay under the following circumstances:

(i) an employee is expected to make every reasonable effort to schedule medical or dental appointments for family members to minimize or preclude his absence from work; however, when alternate arrangements are not possible an employee shall be granted leave for a medical or dental appointment when the family member is incapable of attending the appointment by himself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify his supervisor of the appointment as far in advance as possible;

(ii) to provide for the immediate and temporary care of a sick or elderly member of the employee’s family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;

(iii) leave for needs directly related to the birth or to the adoption of the employee’s child.

(iv) to provide for the immediate and temporary care of a child where, due to unforeseen circumstances, usual childcare arrangements are unavailable. This also applies to unexpected school closures for children aged fourteen (14) and under, or to children over the age of fourteen (14) who have special needs;

(v) to provide time for the employee to make alternative arrangements in the event of fire or flooding to the employee’s residence;

(vi) to attend school functions, if the supervisor was notified of the functions as far in advance as possible;

(vii) seven decimal five (7.5) hours out of the fifty-two decimal five (52.5) forty-five (45) hours stipulated in paragraph (b) this clause may be used to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.

(b) The total leave with pay which may be granted under clause 17.13(a) shall not exceed fifty-two decimal five (52.5) forty-five (45) hours hours in a fiscal year.

NEW

(c) An additional thirty-seventy decimal five (37.5) hours of leave with pay shall be granted to an employee for needs directly related to the birth or to the adoption of the employee’s child.

17.20 Pre-retirement leave

The Employer will provide thirty-seven decimal five (37.5) hours of paid leave per year, up to a maximum of one hundred and eighty-seven decimal five (187.5) hours, to employees fifty-five (55) years old and over with a minimum of thirty (30) years of service or who are sixty (60) years old and over with a minimum of two (2) years of service who have the combination of age and years of service to qualify for an immediate annuity without penalty under the Public Service Superannuation Act.

17.21 Personal leave

(a) Subject to operational requirements as determined by the Employer, and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, up to fifteen (15) hours of leave with pay for reasons of a personal nature.

17.22 Compassionate care leave

(a) Both parties recognize the importance of access to leave to provide care or support to a gravely ill family member with a significant risk of death.

(b) For the purpose of this Article, family is defined as any person who is a member of a class of persons prescribed for the purposes of the definition “family member” in subsection 23.1(1) used for the administration of compassionate care benefits of the Employment Insurance Act.

The Institute reserves the right to make additional proposals in relation to compassionate care.

ARTICLE 18

CAREER DEVELOPMENT

NEW

18.07 Professional Allowance

Employees will be provided with access to a professional allowance of $5000 at the beginning of each fiscal year. During the first year of employment, the professional allowance will be pro-rated in accordance with the employment start date relative to the start of the fiscal year. At the end of the fiscal year, any remainder of professional allowance up to a maximum of $2500 may be carried over to the following fiscal year. At no time will the accumulated professional allowance exceed $7500.

In any given fiscal year, no more than $2500 may be used for the purchase of books, computer software and hardware directly related to job responsibilities. Requests for these purchases will require departmental approval. These requests must be made in writing by the Employees and will include justification. Any material acquisitions obtained under this provision become the property of the Employer. Part-time Employees shall be provided with their professional allowance on a pro-rated basis. The remainder of accumulated professional allowance is to be applied against the cost of attending conferences, courses, seminars and similar professional meetings relevant to their job responsibilities. Such costs include those associated with registration, accommodation and travel. Professional travel requests will generally be made in advance of the new fiscal year and will require departmental approval.

ARTICLE 21

REGISTRATION FEES

21.01 The Employer shall reimburse an employee for the payment of students, initiation, membership or and registration fees to an organization or governing body when the payment of such fees are related to is a requirement for the continuation of the performance of the duties of the employee’s position.

ARTICLE 22

PROFESSIONAL ACCOUNTING ASSOCIATION ANNUAL MEMBERSHIP FEE

This Article applies to employees classified as AU, CO and FI only.

22.01 Subject to paragraphs (a), (b) and (c), the Employer shall reimburse an employee’s payment of student fees, initiation fees, and annual membership fees in Chartered Professional Accountants Canada (CPA) one (1) of either the Canadian Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA), Canadian Chartered Professional Accountant (CPA), or the Certified General Accountants Association (CGA), and to one (1) of their the respective provincial organizations.

(a) Except as provided under paragraph (b) below, the reimbursement of annual membership fees relates to the payment of an annual fee which is a mandatory requirement by one of the governing organizations listed in this clause to maintain a professional designation and membership in good standing. This reimbursement will include the payment of the “Office des professions du Québec” (OPQ) annual fee.

(b) Portions of fees or charges of an administrative nature such as the following are not subject to reimbursement under this Article: service charges for the payment of fees on an instalment or post‑dated basis; late payment charges or penalties; initiation fees; reinstatement fees required to maintain a membership in good standing; or payments of arrears for re‑admission to an accounting association.

(c) In respect of requests for reimbursement of professional fees made pursuant to this Article, the employee shall be required to provide the Employer with receipts to validate payments made.

ARTICLE 27

USE OF EMPLOYER FACILITIES

27.03 A duly accredited representative of the Institute may be permitted access to the Employer's premises to assist in the resolution of a complaint or grievance and to attend meetings called by management and/or meetings with Institute-represented employees. Permission to enter the premises shall, in each case, be obtained from the Employer. Such permission shall not be unreasonably withheld.

ARTICLE 29

EMPLOYEE REPRESENTATIVES

29.04 A representative shall notify obtain the permission of their his immediate supervisor before leaving their his work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to their his supervisor before resuming their his normal duties.

29.05

The Institute shall have the opportunity to have an employee representative introduced to new employees as part of the Employer’s formal orientation programs, where they exist. The employer shall grant reasonable leave with pay to the Institute representatives and new employees for the purposes of delivering a union orientation session.

ARTICLE 30

LEAVE FOR LABOR RELATIONS MATTERS

30.07 Pre-meetings and meetings during the grievance process

Employee preparing or presenting grievance

Where operational requirements permit, the Employer will grant to an employee:

(a) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the headquarters area of such employee,

and

(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee,

and

(c) when mutually agreed by the parties, in cases where more than one employee has grieved on the same subject and all grievors are represented by the Institute, that one meeting will serve the interests of all grievors.

30.08 Employee who acts as representative

Where an employee wishes to represent at a meeting with the Employer, an employee who has presented a grievance, the Employer will, where operational requirements permit, grant leave with pay to the representative when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

An employee is entitled to have, at their request, a representative of the Institute attend and participate in any meeting concerning their employment including, but not limited to, internal affairs or administrative investigations, or any meeting where the purpose is to conduct a hearing or render a decision concerning the employee.

NEW

30.xx Effective January 1, 2019, leave granted to an employee under Article 30.02, 30.10, 30.11, 30.13, 30.14 and 30.15 will be with pay; the Institute will reimburse the employer for the salary and benefit costs of the employee during the period of approved leave with pay according to the terms established by joint agreement.

ARTICLE 32

CONTRACTING OUT

32.01 becomes 32.02

NEW

32.01 The Employer shall make a reasonable effort to use existing employees or hire new indeterminate or term employees as needed before contracting out work described in the Bargaining Certificate and the Group Definition. However, to meet operational requirements, the Employer may choose to contract professional services in certain circumstances instead of making an appointment pursuant to the Public Service Employment Act.

32.02 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of employees who would otherwise become redundant because work is contracted out.

NEW

32.03 When work is contracted out due to technological change, the provisions of Article 23 shall apply upon the implementation of the new technology.

ARTICLE 36

STANDARDS OF DISCIPLINE

36.03 Where an employee is required to attend a meeting on disciplinary matters, or any administrative inquiry, hearing or investigation, the Employer shall notify the employee that the employee is entitled to have a representative of the Institute attend the meeting when the representative is readily available. Where practicable, the employee shall receive a minimum of two (2) working days’ notice of such meeting.

36.04 When an employee is suspended from duty or terminated, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination. Where the suspension is during the course of an investigation, the suspended employee will continue to receive their regular salary and benefits until the investigation is completed and he is made aware of the results.

ARTICLE 39

EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

39.02 Prior to an employee performance review the employee shall be given;

(a) the evaluation form that will be used for the review;

(b) any written document that provides instructions to the person conducting the review;

NEW

(c) the opportunity to be accompanied by an Institute representative.

ARTICLE 41

HARASSMENT

The Institute reserves the right to table language at a later date on article 41 Harassment.

ARTICLE 42

NO DISCRIMINATION

42.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, gender identity or and expression, family status, genetic characteristics, marital status, mental or physical disability, conviction for which a pardon has been granted or in respect of which a record suspension has been ordered, or membership or activity in the Institute.

ARTICLE 44

PAY ADMINISTRATION

The Union would like to discuss Pay Administration and reserves the right to make proposals at a later date.

ARTICLE 47

DURATION

The Union would like to discuss the term and implementation of the collective agreement and reserves the right to make proposals at a later date.

APPENDIX A

PAY

The Union would like to discuss Pay and reserves the right to make proposals at a later date.

APPENDIX “D”

MEMORANDUM OF UNDERSTANDING IN RESPECT OF THE REIMBURSEMENT OF APPRAISERS’ PROFESSIONAL MEMBERSHIP FEES

Preamble

The purpose of this memorandum of understanding is to confirm an agreement reached between the Professional Institute of the Public Service of Canada and the Canada Revenue Agency (CRA) with respect to the reimbursement of annual membership fees in the “Appraisal Institute of Canada” or, the “Ordre professionnel des évaluateurs agréés du Québec”, as well as the “American Society of Appraisers”.

Application

Subject to the eligibility requirements and conditions referred to below, the Employer shall reimburse an employee’s payment of a professional annual membership fee in an accounting organization fees in accordance with Article 22 of the collective agreement between the CRA and PIPSC-Audit, Financial and Scientific bargaining unit as well as reimburse an employee’s payment in the following:

Eligibility

The reimbursement of candidate and annual membership fees are limited to employees classified as SI, who are required by the Employer to who provide real estate or machinery and equipment appraisal services including the ability to testify in courts of law as experts in appraisals.

Conditions

Subject to the conditions outlined below, the reimbursement of candidate and annual membership fees relates to the payment of candidate and an annual fee that is a mandatory requirement by one of the governing organizations identified in this memorandum of understanding to maintain a membership in good standing and a professional designation in one of the following:

Accredited Appraiser Canadian Institute (A.A.C.I.),
Canadian Residential Appraiser (C.R.A.) or,
Évaluateur agréé du Québec (E.A.).

In addition, the above-noted conditions apply to a professional designation as an Accredited Senior Appraiser (ASA) as a member of the American Society of Appraisers.

The reimbursement of annual membership fees relates to fees assessed for “regular” members of one of either the “Appraisal Institute of Canada” or the “Ordre professionnel des évaluateurs agréés du Québec”, as well as the “American Society of Appraisers”, and excludes payment of annual fees assessed for other types of membership categories including, but not limited to: student members, candidates or retired members, or, members of foreign associations. This reimbursement will include the payment of “Office des professions du Québec” (OPQ) annual fee.

It is understood that portions of fees or charges of an administrative nature, such as the following, are not subject to reimbursement in accordance with this memorandum of understanding: service charges for the payment of fees on an installment or post-dated basis, late payment charges or penalties, initiation fees, reinstatement fees to maintain a membership in good standing, or payments of arrears for re‑admission to a professional organization.

As a condition for reimbursement of professional membership fees made pursuant to this memorandum of understanding, employees shall be required to provide receipts to validate payments made.

This letter of understanding will be effective on the date of signing.

SIGNED AT OTTAWA, this ____ day of the month of __________, 2018.

APPENDIX “NEW”

MEMORANDUM OF UNDERSTANDING IN RESPECT OF CANADA’S ASSOCIATION OF IT PROFESSIONALS MEMBERSHIP FEES

Preamble

The parties agree that in respect to the reimbursement of student, initiation and annual membership fees in the Canada’s Association of IT Professionals (CIPS) and to one of its CIPS provincial-territorial Societies.

Application

Subject to the eligibility requirements and conditions referred to below, the Employer shall reimburse an employee’s payment of a professional annual membership fees in accordance with Article 22 of the collective agreement as well as reimburse an employee’s student, initiation and annual membership fees in Canada’s IT Professional Association for the Information Systems Professional Designation.

Eligibility

Reimbursement of student, initiation and annual membership fees in Canada’s Association of IT Professionals and to one of its provincial-territorial organizations applies to employees who meet the CS Education Standard.

Conditions

It is understood that portions of fees or charges of an administrative nature such as the following, are not subject to reimbursement in accordance with this memorandum of understanding: service charges for the payment of fees on an installment or post-dated basis; late payment charges or penalties; reinstatement fees to maintain a membership in good standing; or payments of arrears for re-admission to a professional organization.

As a condition for reimbursement of professional membership fees made pursuant to this memorandum of understanding, employees shall be required to provide receipts to validate payments made.

The parties agree that disputes arising from the application of this memorandum of understanding may be subject to consultation.

SIGNED AT OTTAWA, this ____ day of the month of __________, 2018.

APPENDIX “NEW”

MEMORANDUM OF UNDERSTANDING IN RESPECT OF THE REIMBURSEMENT OF PROFESSIONAL ENGINEERING (P.Eng) DUES

Preamble

The parties agree that in respect to the reimbursement of student, initiation and annual membership fees to provincial-territorial Professional Engineering (P.Eng) society.

Application

Subject to the eligibility requirements and conditions referred to below, the Employer shall reimburse an employee’s payments in accordance with Article 22 as well as payments to a provincial-territorial Professional Engineering society.

Eligibility

Reimbursement of student, initiation and annual membership fees in a provincial-territorial Professional Engineer society are limited to the student, initiation and annual fees that will allow the employee to obtain or maintain their membership in good standing.

Conditions

It is understood that portions of fees or charges of an administrative nature such as the following, are not subject to reimbursement in accordance with this memorandum of understanding: service charges for the payment of fees on an installment or post-dated basis; late payment charges or penalties; reinstatement fees to maintain a membership in good standing; or payments of arrears for re-admission to a professional organization.

As a condition for reimbursement of professional membership fees made pursuant to this memorandum of understanding, employees shall be required to provide receipts to validate payments made.

The parties agree that disputes arising from the application of this memorandum of understanding may be subject to consultation.

SIGNED AT OTTAWA, this ____ day of the month of __________, 2018.

APPENDIX “NEW”

MEMORANDUM OF UNDERSTANDING IN RESPECT OF THE REIMBURSEMENT OF CERTIFIED FRAUD EXAMINER FEES

Preamble

The parties agree that in respect to the reimbursement of annual membership fees in the Association of Certified Fraud Examiners (CFE) and to one of its provincial‑territorial organizations.

Application

Subject to the eligibility requirements and conditions referred to below, the Employer shall reimburse an employee’s payment of fees in accordance with Article 22 of the collective agreement as well as reimburse an employee’s student, initiation, and annual membership fees in the Association of Certified Fraud Examiners (CFE).

Eligibility

Reimbursement of student, initiation and annual membership fees in a provincial-territorial association are limited to the student, initiation and annual fees that will allow the employee to obtain or maintain their membership in good standing.

Conditions

It is understood that portions of fees or charges of an administrative nature such as the following, are not subject to reimbursement in accordance with this memorandum of understanding: service charges for the payment of fees on an installment or post-dated basis; late payment charges or penalties; reinstatement fees to maintain a membership in good standing; or payments of arrears for re-admission to a professional organization.

As a condition for reimbursement of professional membership fees made pursuant to this memorandum of understanding, employees shall be required to provide receipts to validate payments made.

The parties agree that disputes arising from the application of this memorandum of understanding may be subject to consultation.

This memorandum of understanding will be effective on the date of signing.

SIGNED AT OTTAWA, this _________day of the month of __________, 2018.

The Institute reserves the right to table language on the following appendices at a later date.

APPENDIX “G”

WORK FORCE ADJUSTMENT APPENDIX TO INSTITUTE – AUDIT, FINANCIAL, AND SCIENTIFIC COLLECTIVE AGREEMENT

APPENDIX “L”

EMPLOYEE WELLNESS SUPPORT PROGRAM

APPENDIX “NEW”

WORKSPACE

Without Prejudice