EMPLOYER NON-MONETARY PROPOSALS

FOR THE

APPLIED SCIENCE AND PATENT EXAMINATION (SP) GROUP



NEGOTIATIONS FOR THE RENEWAL


OF THE COLLECTIVE AGREEMENT

EXPIRING ON SEPTEMBER 30, 2018

September 13, 2018

TABLE OF CONTENTS

INTRODUCTION 3

GENERAL 4

ADMINISTRATIVE CHANGES 5

GENERAL 10

ARTICLE 8 11

ARTICLE 8 12

ARTICLE 8 13

ARTICLE 10 14

ARTICLE 12 15

ARTICLE 13 16

ARTICLE 15 17

ARTICLE 15 18

ARTICLE 15 19

ARTICLE 17 20

ARTICLE 17 21

ARTICLE 17 22

ARTICLE 17 23

ARTICLE 17 24

ARTICLE 19 25

Article 48 26

APPENDIX A 27

APPENDIX D 28

APPENDIX E 29

COMMON TABLE PROPOSALS 30


INTRODUCTION

The Employer's negotiation objectives for this round of bargaining are to reduce the pay administration burden, provide economic increases that are fair for workers and taxpayers, address departmental operating priorities and support the effective management of the Public Service. Such an approach will contribute to an engaged and qualified workforce that delivers results for Canadians.

The Employer agrees to abide by the principles outlined in the Collective Bargaining Protocol Agreement reached with the Professional Institute of the Public Service of Canada.

Without prejudice, attached are the Employer proposals for the negotiation of a single collective agreement covering employees who are members of the Applied Science and Patent Examination bargaining unit.

The Employer reserves the right to present other proposals in negotiations as well as counter-proposals with respect to union demands.

The Employer also proposes that articles of the agreement which are not modified, deleted or ultimately dealt with by the parties as proposals shall be renewed with only appropriate editorial modification to ensure compatibility with other articles as finally agreed.

Proposed changes are highlighted in bold font. Where deletions are proposed, the words have a strikethrough .

The Employer reserves the right to table monetary proposals at a later time during the negotiation process.


GENERAL

The Employer proposes to:


ADMINISTRATIVE CHANGES

Replace all references to the Public Service Labour Relations Board / Public Service Labour Relations and Employment Board with references to theFederal Public Sector Labour Relations and Employment Board (FPSLREB).

Replace all references to the Public Service Staff Relations Act / Public Service Labour Relations Act with references to the Federal Public Sector Labour Relations Act (FPSLRA).

This applies to the following clauses:

ARTICLE 2 – INTERPRETATION AND DEFINITIONS

2.01

“employee”

means a person so defined by the Federal Public Service Sector Labour Relations Act and who is a member of the bargaining unit (« employé »)

2.02

Except as otherwise provided in this Agreement, expressions used in this Agreement,

a. if defined in the Federal Public Service Sector Labour Relations Act, have the same meaning as given to them in the Federal Public Service Sector Labour Relations Act, and

b. if defined in the Interpretation Act, but not defined in the Federal Public Service Sector Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

ARTICLE 17 – OTHER LEAVE WITH OR WITHOUT PAY

17.04 Maternity allowance

a. (iii) (C) …. however, an employee whose specified period of employment expired and

who is rehired in any portion of the core public administration as specified in the Federal Public Service Sector Labour Relations Act 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).

17.07 Parental allowance

a. (iii) (C) ….however, an employee whose specified period of employment expired and

who is rehired in any portion of the Core Public Administration as specified in the Federal Public Service Sector Labour Relations Act 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).

17.14 Personnel selection leave with pay

Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as defined in the Federal Public Service Sector Labour Relations Act, the employee is entitled to leave with pay for the period during which the employee’s presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where the employee’s presence is so required. This clause applies equally in respect of the personnel selection processes related to deployment.

ARTICLE 26 - RECOGNITION

26.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the former Public Service Labour Relations and Employment Board on August 26, 2006 covering all employees in the Applied Science and Patent Examination Group as defined in Part I of the Canada Gazette of August 13, 2005.

26.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a collective agreement and the Employer and the Institute agree to bargain in good faith, in accordance with the provisions of the Federal Public Service Sector Labour Relations Act.

ARTICLE 27 – CHECK-OFF

27.05 No employee organization, as defined in section 2 of the Federal Public Service Sector Labour Relations Act, other than the Institute, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

ARTICLE 31 - LEAVE FOR STAFF RELATIONS MATTERS

31.01 Federal Public Service Sector Labour Relations and Employment Board Hearings

Complaints made to the Federal Public Service Sector Labour Relations and Employment Board pursuant to the former Section 23 of the Public Service Staff Relations Act

Where operational requirements permit the Employer will grant leave with pay:

  1. to an employee who makes a complaint before the Federal Public Service Sector Labour Relations and Employment Board,

31.03 Employee called as a witness

The Employer will grant leave with pay:

a. to an employee called as a witness by the Federal Public Service Sector Labour Relations and Employment Board,

ARTICLE 33 - ILLEGAL STRIKES

33.01 The Federal Public Service Sector Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment, for participation in an illegal strike as defined in the Federal Public Service Sector Labour Relations Act.

ARTICLE 35 – GRIEVANCE PROCEDURE

35.02 Individual grievances

Subject to and as provided in section 208 of the Federal Public Service Sector Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:

35.03 Group grievances

Subject to and as provided in section 215 of the Federal Public Service Sector Labour Relations Act,…

35.04 Policy grievances

Subject to and as provided in section 220 of the Federal Public Service Sector Labour Relations Act, …

35.08 Subject to and as provided for in the Federal Public Service Sector Labour Relations Act, …

35.16 Where a grievance has been presented up to and including the final step in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final step in the grievance process is final and binding and no further action may be taken under the Federal Public Service Sector Labour Relations Act.

35.24 ... and the grievance has not been resolved, it may be referred to adjudication in accordance with the provisions of the Federal Public Service Sector Labour Relations Act and Regulations.

35.26 Expedited adjudication

The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

The Professional Institute of the Public Service of Canada and the Treasury Board of Canada Secretariat agree to establish a process of expedited adjudication, which may be reviewed at any time by the parties and the Federal Public Service Sector Labour Relations and Employment Board (FPSLREB). The framework is set out below.

c. When the parties agree that a particular grievance will proceed through expedited adjudication, the Institute will submit to the PSLRB FPSLREB the consent form signed by the grievor or the bargaining agent.

d. The parties may proceed with or without an agreed statement of facts. When the parties arrive at an agreed statement of facts it will be submitted to the PSLRB FPSLREB or to the adjudicator at least forty-eight (48) hours prior to the start of the hearing.

f. The adjudicator will be appointed by the PSLRB FPSLREB from among any of the members of the chairperson group, or any of its members who have had at least two (2) years experience as a member of the Board.

g. Each expedited adjudication session will take place in Ottawa unless the parties and the PSLRB FPSLREB agree otherwise. The cases will be scheduled jointly by the parties and the PSLRB FPSLREB , and will appear on the PSLRB FPSLREB hearing schedule.

ARTICLE 36 – NATIONAL JOINT COUNCIL AGREEMENTS

36.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a collective agreement, and which the parties to this Agreement have endorsed after December 6, 1978, and as amended from time to time, will form part of this collective agreement, subject to the Federal Public Service Sector Labour Relations Act ( PSLRA FPSLRA ) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in section 113 of the PSLRA FPSLRA .

36.02 The NJC items which may be included in a collective agreement are those items which parties to the NJC Agreements have designated as such or upon which the Chairperson of the Federal Public Service Sector Labour Relations and Employment Board has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective December 6, 1978, and as amended from time to time.

ARTICLE 40 - PART-TIME EMPLOYEES

Definition

40.01 Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the Federal Public Service Sector Labour Relations Act.


Replace all references to “cash” with references to “payment”.

This applies to the following clauses:

APPENDIX “H” – Archived provisions for the elimination of severance pay for voluntary separations (resignation and retirement)

19.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this article shall be reduced by any period of continuous employment in respect of which the employee was already granted severance pay, retiring leave or a cash gratuity payment in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under this article be pyramided.


GENERAL

Pay Simplification

The Employer wishes to discuss options to standardize and simplify certain terms and conditions of employment to lessen the burden on pay administration, where the associated cost is reasonable and recoding/impact on pay system is minimal.

Various Articles


ARTICLE 8

HOURS OF WORK

Monthly attendance registers

8.05 Employees will submit monthly attendance registers; only those hours of overtime and absences need be specified.


ARTICLE 8

HOURS OF WORK

8.16

(a) If an employee is given less than one hundred twenty (120) forty-eight (48) hours’ advance notice of a change in the employee’s shift schedule, the employee will receive compensation at the rate of time and one half (1 1/2) for work performed on the first shift changed. Subsequent shifts worked on the changed schedule shall be paid for at straight time and every effort shall be made by the Employer to ensure that scheduled days of rest on the changed schedule are maintained.


ARTICLE 8

HOURS OF WORK

8.18 Employees will submit monthly attendance records; only absences and hours of overtime need be specified.


ARTICLE 10

CALL-BACK

(New)

10.02 An employee who receives a call to duty or responds to a telephone or data line call while on standby or at any other time outside his or her scheduled hours of work, may at the discretion of the Employer work at the employee’s residence or at another place to which the Employer agrees. In such instances, the employee shall be paid the greater of:

a. compensation at the applicable overtime rate for any time worked,

or

b. compensation equivalent to one (1) hour’s pay at the straight-time rate, which shall apply only the first time an employee performs work during an eight (8) hour period, starting when the employee first commences the work.

Renumber accordingly.


ARTICLE 12

DESIGNATED PAID HOLIDAYS

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

  1. New Year’s Day,
  2. Good Friday,
  3. Easter Monday; does not apply to MT employees working shift work;
  4. Easter Sunday; applies only to MT employees working shift work;
  5. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday,
  6. Canada Day,
  7. Labour Day,
  8. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
  9. Remembrance Day,
  10. Christmas Day,
  11. Boxing Day,
  12. 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, the first Monday in August,
    and
  13. one (1) additional day when proclaimed by an act of Parliament as a national holiday.

For greater certainty, employees who do not work on a Designated Paid Holiday are entitled to seven decimal five (7.5) hours’ pay at the straight-time rate.


ARTICLE 13

TRAVELLING TIME

13.01

(New)

  1. for the purposes of paragraphs 13.01 (b) and (c), should a period of work and/or travel continue into the next day, the employee’s total travel period will be deemed to have taken place on the day it started.

ARTICLE 15

VACATION LEAVE

Entitlement to Vacation Leave With Pay

15.04 An employee is entitled to vacation leave with pay to the extent of earned credits but an employee who has completed six (6) months of continuous service employment may receive an advance of credits equivalent to the anticipated credits for the current vacation year.


ARTICLE 15

VACATION LEAVE

Provision for vacation leave

15.05

a. Employees are expected to take all their vacation leave during the vacation year in which it is earned.

b. In order to maintain operational requirements, the Employer reserves the right to schedule an employee’s vacation leave but shall make every reasonable effort:

a. i. to provide an employee’s vacation leave in an amount and at such time as the employee may request;

b. ii. not to recall an employee to duty after the employee has proceeded on vacation leave.


ARTICLE 15

VACATION LEAVE

15.19

  1. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of 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 15.03.
  2. Transitional Provisions

Effective on July 9, 2009, employees with more than two (2) years of service, as defined in clause 15.03, shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay.

c. b. The vacation leave credits provided in paragraph 15.19(a) and (b) above shall be excluded from the application of clause 15.08 dealing with the Carry-over of Vacation Leave.


ARTICLE 17

OTHER LEAVE WITH OR WITHOUT PAY

17.09 Leave Without Pay for the Care of Immediate Family

  1. 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 under the terms of the previous Applied Science and Patent Examination collective agreement or other agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee's total period of employment in the public service.

ARTICLE 17

OTHER LEAVE WITH OR WITHOUT PAY

17.09 Leave Without Pay for the Care of Immediate Family

Transitional Provision

h. This transitional provision is applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this Agreement.

    1. 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's return to work, if the employee returns to work before the end of the approved leave.
    2. 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 employee's return to work, if the employee returns to work before the end of the approved leave.

ARTICLE 17

OTHER LEAVE WITH OR WITHOUT PAY

** In any fiscal year, an employee is entitled to no more than fifteen (15) hours of combined personal and volunteer leave.

** Effective April 1, 2017, clause 17.17, Volunteer leave, is deleted from the collective agreement.

17.17 Volunteer 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, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

b. The leave will be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.


ARTICLE 17

OTHER LEAVE WITH OR WITHOUT PAY

17.20 Other leave with pay

In any fiscal year, an employee is entitled to no more than fifteen (15) hours of combined personal and volunteer leave.

a. At its discretion, the Employer may grant leave with pay for purposes other than those specified in this Agreement, including military or civil defence training, emergencies affecting the community or place of work, and when circumstances not directly attributable to the employee prevent the employee reporting for duty.

b. Personal leave

i. 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, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.

ii. The leave will be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.

** Effective April 1, 2017, clause 17.17, Volunteer leave, is deleted from the collective agreement and clause 17.20 b) is amended to reflect the following:

b. Personal leave

i. Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, fifteen (15) hours of leave with pay for reasons of a personal nature. This leave can be taken in periods of seven decimal five (7.5) hours or three decimal seven five (3.75) hours each.

ii. The leave will be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.


ARTICLE 17

OTHER LEAVE WITH OR WITHOUT PAY

17.21 Other leave without pay

The Employer will propose a change in the French version of this clause to align with the English version in the collective agreement.


ARTICLE 19

SEVERANCE PAY

19.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in his or her certificate of appointment of the employee’s substantive position on the date of the termination of employment.


Article 48

duration

48.01 The duration of this collective agreement shall be from the date it is signed to September 30, 2022 2018 .


APPENDIX A

Rates of Pay

CH

Canada Border Services Agency (CBSA) employees

1. For employees that transferred from CRA to CBSA whose CRA rates of pay were maintained, the new rate of pay effective October 1, 2014 shall be the step in the TB salary scale for the applicable group and level, which is closest to but not less than the CRA rate the employee was receiving on date of transfer and the employee will receive a lump sum equal to the difference between the value of the economic increase and the actual increase in salary.

2. Should there be no such rate, the employee’s CRA rate of pay shall be maintained until such time as the CRA rate can be integrated into the TB salary scale.

3. Effective October 1, 2014, where the CRA rate of pay cannot be integrated into the revised TB salary scale as per (b) above, the employee shall receive a lump sum equal to one decimal two five per cent (1.25%) of the employee’s salary and the CRA rate shall be maintained.

4. Effective October 1, 2015, for employees subject to (b) above, the employee’s new rate of pay shall be the rate in the TB salary scale which is closest to but not less than the maintained CRA rate the employee was receiving, and the employee will receive a lump sum equal to the difference between the value of the economic increase and the actual increase in salary.

5. Effective October 1, 2015, where the CRA rate of pay cannot be integrated into the revised TB salary scale as per (d) above, the employee shall receive a lump sum equal one decimal two five per cent (1.25%) of the employee’s salary and the CRA rate shall be maintained.

6. Effective October 1, 2016, for employees subject to (b) above, the employee’s new rate of pay shall be the rate in the TB salary scale which is closest to but not less than the maintained CRA rate the employee was receiving, and the employee will receive a lump sum equal to the difference between the value of the economic increase and the actual increase in salary.

7. Effective October 1, 2016, where the CRA rate of pay cannot be integrated into the revised TB salary scale as per (d) above, the employee shall receive a lump sum equal one decimal two five per cent (1.25%) of the employee’s salary and the CRA rate shall be maintained.

8. Effective October 1, 2017, where the CRA rate of pay cannot be integrated into the revised TB salary scale as per (d) above, the employee shall receive a lump sum equal one decimal two five per cent (1.25%) of the employee’s salary and the CRA rate shall be maintained.


APPENDIX D

MEMORANDUM OF AGREEMENT BETWEEN THE TREASURY BOARD AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA (HEREINAFTER CALLED THE INSTITUTE) IN RESPECT TO SCIENTIFIC INTEGRITY

The Employer wishes to discuss Scientific Integrity.


APPENDIX E

MEMORANDUM OF UNDERSTANDING BETWEEN THE TREASURY BOARD (HEREINAFTER CALLED THE EMPLOYER) AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA (HEREINAFTER CALLED THE INSTITUTE) IN RESPECT OF AN ALLOWANCE FOR CERTAIN HEALTH CANADA EMPLOYEES IN THE BIOLOGICAL SCIENCE GROUP OF THE APPLIED SCIENCE AND PATENT EXAMINATION (SP) BARGAINING UNIT

The Employer wishes to discuss the Memorandum of Understanding (MOU) with respect to the terminable allowance received by certain BI-04 and BI-05 employees at Health Canada.


COMMON TABLE PROPOSALS

The Employer proposes to discuss the following articles at the common table:

  1. Rates of Pay
  2. Duration
  3. Pay Simplification
  4. Employee Wellness Plan
  5. Workforce Adjustment
  6. Deeming (RCMP)
  7. Designated Paid Holiday (DPH)
  8. Maternity Allowance
  9. Parental Allowance

The Employer also wishes to discuss the below items. These items will be presented at the SP table by the Employer in the optics of bringing those discussions to the common table once detailed language is tabled.

  1. Retroactivity
  2. Implementation Period
  3. Union Dues
  4. Leave – Union Business (Cost Recovery)
  5. Leave – General
  6. Electronic Collective Agreement
  7. Standards of Discipline
  8. Statement of Duties
  9. Leave Without Pay for the Care of Family

After the parties’ discussion, any of the items listed above may be redirected to the SP table or the common table for negotiations.