Bargaining Proposals

Presented by:

The Professional Institute
of the Public Service of Canada

To

Treasury Board of Canada

On Behalf of the Employees in the Applied Science and Patent Examination Bargaining Unit (SP) for Employees in the Occupational Classifications:

Actuarial Science Meteorology

Agriculture Physical Sciences

Biological Sciences Scientific Regulation

Chemistry Patent

Forestry


Listed below you will find our bargaining proposals submitted for this round of negotiations to amend the collective agreement between the Applied Science and Patent Examination (SP) Group of the Professional Institute of the Public Service of Canada which will expire on September 30, 2018. These proposals are submitted without prejudice to any future proposed amendments and/or additions, and subject to our rights to correct any errors and/or omissions. The Institute reserves the right to table new proposals in response to issues and proposals raised by the employer.

The Institute reserves the right to introduce detailed proposals wherever it is indicated that issues will be discussed or that proposals will be presented later.

The Institute reserves the right to sometimes propose titles for articles when there is none or to modify titles.

The Institute proposes that all acronyms used in the collective agreement be defined when first mentioned.

Changes are highlighted in bold type. Where deletions are proposed they are identified by a "(-)".

Subject to the above noted, and subject to subsequent editorial changes, including translation corrections to current language, all other clauses, articles or portion thereof, appendices and any other matters will be considered to be renewed.

The Institute asks the employer to disclose the details of changes to policies, conditions and term of employment, as well as benefits that the employer can reasonably anticipate will be decided or proposed by the employer away from this bargaining table before or during the life of the agreement. The Institute asks that the employer volunteer information that will allow the parties to discuss how such changes could affect the value of the proposals brought to the table during the current round of bargaining. PIPSC reserves the right to submit additional proposals after receiving this information.


Central Table proposals

All items tabled centrally are to be included in this Collective Agreement. (list)

Should no agreement be reached at the central table, the common table issues will revert back to this table for negotiation, including economic increase and duration.

PIPSC Bargaining Team

Bargaining Team Coordinator

Bryan Van Wilgenburg

Region: PRAI

Classification: MT 06

Dept: ECC

Bargaining Team Member

Marcie Schultz

Region: PRAI

Classification: SG SRE 04

Dept: Health

Bargaining Team Member

Enzo Barresi

Region: ON

Classification: CH 03

Dept: ECC

Bargaining Team Member

Judith Leblanc

Region: QUE

Classification: BI 03

Dept: DFO

Bargaining Team Member

Ann Therriault

Region: NCR

Classification: PC 04

Dept: NRCAN

Bargaining Team Member

Waheed Khan

Region: NCR

Classification: PC 04

Dept: ECC

Bargaining Team Member

Marcel C. Beaudoin

Region: NCR

Classification: SG PAT 04

Dept: ISEDC

Negotiators:

Suzelle Brosseau

David Griffin


Gender neutral language

The Institute would like to discuss the introduction of gender neutral language.


Article 2

INTERPRETATION AND DEFINITIONS

The Institute would like to discuss grammatical amendments to ensure the French version is using the same, consistent terminology.

2.01 Revise/Add to existing definitions as follows:

“common-law partner”

refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year or a person living in a conjugal relationship of less than one (1) year who has a child with an employee. (« conjoint de fait »)

Introduce NEW definition of “family” in Article 2.01

“family”, except where otherwise specified in this Agreement, is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, step-brother, sister, step-sister, spouse (including common-law partner), 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, grandchild, grandparent, any relative permanently residing in the employee’s household or with whom the employee permanently resides, and any person for whom the employee has a duty of care, regardless of residence.

“hourly rate of pay” / “straight-time”

means a full-time employee’s weekly rate of pay divided by thirty-seven decimal five (37.5) (« taux de rémunération horaire » / « taux ordinaire » « heure normale » « tarif normal ».

Introduce NEW definition of Personnel files” in Article 2.01

“Personnel files” includes pay file, Human Resource file, Occupational Health and Safety file and any file containing information about the employee.


ARTICLE 5

MANAGEMENT RIGHTS

5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.

5.02 The Employer will act reasonably, fairly and in good faith in administering this Agreement.


ARTICLE 8

HOURS OF WORK

Days of rest

8.04 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.

Where operational requirements do not permit two consecutive and concurrent days of rest, all additional hours worked on the sixth (6th) and subsequent consecutive days shall be at overtime rates, in accordance with Article 9.01, until the employee is granted two (2) consecutive and continuous days of rest.

Shift work

8.09 An employee shall be granted at least two (2) consecutive and continuous days of rest during any eight (8) calendar day period commencing on a day of work, unless operational requirements do not permit.

A period of twenty-four (24) hours or less between shifts or within a shift cycle shall not be considered a day of rest.

Where operational requirements do not permit two consecutive and concurrent days of rest, all additional hours worked on the seventh (7th) and subsequent consecutive days shall be at overtime rates, in accordance with Article 9.01, until the employee is granted two (2) consecutive and continuous days of rest.


8.14 The Institute would like to discuss 8.14 (Final is final) in order to respect work-life balance and personal commitments taken by employees and their families.

  1. In order to help in the consideration of the wishes of the employees concerned, a provisional shift schedule shall be prepared by the Employer and shall be posted at least two (2) months in advance
  2. Provisional and final shift schedules shall indicate the working hours for each shift. The final shift schedule shall be published at least three (3) weeks prior to the commencement of the said schedule and every effort shall be made by the Employer to ensure that scheduled days of rest are not changed. Where in the opinion of the Employer, briefing of shifts is required, adequate paid time shall be allotted within the shift schedule

8.16

a. In such cases, I i f an employee is given less than one hundred and twenty (120) three hundred and sixty (360) 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 the first (1st ) seven decimal five(7.5) hours and double (2) time thereafter work performed on the first (1st) on any shift changed, regardless of the number of shifts 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.

b. Notwithstanding 8.16(a),

i. when a change in a shift schedule is required and the employee agrees it is to the employee’s benefit to change the shift schedule, the employee shall be compensated at the straight-time rate for work performed in the first (1st) shift changed and

ii. when an employee requests and the Employer agrees to change the employee’s shift schedule, the employee shall be paid at the straight-time rate for work performed on the first (1st) shift of the revised shift schedule.

Shift Premium

The Institute would like a discussion on shift premium and particularly given the Phoenix challenges, the possibility of taking the equivalent of the shift premium in compensation time. PIPSC reserves the right to introduce language at a later date.

8.19

(a) An employee working a regularly scheduled shift will receive a shift premium of two three dollars ($ 2 $3 ) per hour for each hour worked, including overtime hours, between 1600 and 0800.

(b) A An MT shift work employee whose hours of work are scheduled between 11 pm 2300 and 7 am 0700 will be paid, in addition to the shift premium outlined in 8.19 (a), an additional premium of one four dollars ( $1 $4) for all hours worked between 11 pm 2300 and 7 am 0700 .

Weekend premium

**

8.20 Employees working during the weekend will receive a n additional a weekend premium of two three dollars ( $2 $3 ) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday. However, the foregoing shall not apply in cases where an employee to whom clause 8.02 applies requests to work on Saturday and/or Sunday.


ARTICLE 9

OVERTIME

9.06 Upon application by the employee and at the discretion of the Employer , compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on September 30.


ARTICLE 12

DESIGNATED PAID HOLIDAYS

Family Day is being addressed as a central issue

The Institute reserves the right to introduce language at later date.

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 or July 1st for shift workers
  7. Labour Day
  8. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving
  9. Remembrance Day or November 11th for shift workers
  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

m. National Indigenous Peoples Day, and

Renumber

  1. n. one (1) additional day when proclaimed by an act of Parliament as a national holiday.

Compensation for work on a paid holiday

(Clauses 12.07 through 12.11 apply only to MT employees working shift work.)

12.10 When an employee works on a holiday, the employee shall receive compensation on the basis of:

a. one and one half (1 1/2) times the straight-time hourly rate for the first (1st) shift worked by the employee on the holiday and at the rate of double (2) time thereafter

b. double (2) time for all hours worked on a holiday which is also the employee’s scheduled day of rest

c. upon application by the employee, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on September 30.

ARTICLE 13

TRAVELLING TIME

13.01 When the Employer requires an employee to travel outside the employee’s headquarters area for the purpose of performing duties, the employee shall be compensated for all travel time at the applicable rate. in the following manner :

  1. on a normal working day on which the employee travels but does not work, the employee shall receive the employee’s regular pay for the day;
  2. on a normal working day on which the employee travels and works, the employee shall be paid:

i. the employee’s regular pay for the day for a combined period of travel and work not exceeding seven and one-half (7.5) hours and

ii. at the applicable overtime rate for additional travel time in excess of a seven and one-half (7.5) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) pay at the straight-time rate in any day or fifteen (15) hours pay at the straight-time rate when travelling beyond North America

  1. on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) pay at the straight-time rate, or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.

13.09 Travel Status Leave

  1. An employee who is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, and is away from his or her permanent residence for forty (40) twenty (20) nights during a fiscal year shall be granted seven decimal five (7.5) hours off with pay. The employee shall be credited with seven decimal five (7.5) additional hours off for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of eighty (80) additional nights
  1. The maximum number of hours off earned under this clause shall not exceed thirty-seven decimal five (37.5) 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 paragraph 9.06

The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

ARTICLE 15

VACATION LEAVE

Accumulation of vacation leave credits

15.02 An employee shall earn vacation leave credits for each calendar month during which the employee receives pay for at least seventy-five (75) hours at the following rate:

a. nine decimal three seven five (9.375) hours until the month in which the employee’s eighth (8th) first (1st) anniversary of service occurs;

b. twelve decimal five (12.5) hours commencing with the month in which the employee’s eighth (8th) first (1st) anniversary of service occurs;

c. thirteen decimal seven five (13.75) hours commencing with the month in which his the employee’s sixteenth (16th) anniversary of service occurs;

d. fourteen decimal three seven five (14.375) hours commencing with the month in which the employee’s seventeenth (17th) anniversary of service occurs;

e. fifteen decimal six two five (15.625) hours commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;

f. sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee’s twenty-seventh (27th) anniversary of service occurs;

g. eighteen decimal seven five (18.75) hours per month commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs;




ARTICLE 17

OTHER LEAVE WITH OR WITHOUT PAY

17.02 Bereavement leave with pay

Remove the definition of immediate family and introduce NEW definition of family in Article 2.01, as per above.

For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, step-brother, sister, step-sister , spouse (including common-law partner), child (including child of common-law partner), stepchild, foster child or ward of the employee, father-in-law, mother-in-law, grandchild, grandparent and relative permanently residing in the employee’s household or with whom the employee permanently resides.

  1. When a member of the employee’s immediate family dies, an employee:
    1. shall be entitled to a bereavement period of seven (7) consecutive calendar days. Such bereavement period, 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 that employee
    2. in addition, the employee may be granted up to three (3) days’ leave with pay , contiguous to the leave period provided in (a)(i) above, for the purpose of travel related to the death
  1. An employee is entitled to up to one (1) day’s bereavement leave with pay for the purpose related to the death of the employee’s son-in-law, daughter-in-law, brother-in-law or sister-in-law and grandparent of spouse.

c. 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.

d. 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.

e . c. 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 Deputy Head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater or in a manner other than that provided for in subparagraph 17.02(a)(i) and paragraph 17.02(b).

f. d. If, during a period of paid leave, an employee is bereaved in circumstances under which the employee would have been eligible for bereavement leave with pay under this clause, the employee shall be granted bereavement leave with pay and the employee’s paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

17.04 to 17.08 Maternity & Parental allowance and leave (new E.I. provision)

This is being addressed as a central issue

The Institute reserves the right to introduce language at later date.

NEW Leave Related to Critical Illness

This is being addressed as a central issue

The Institute reserves the right to introduce language at later date.

17.09 Leave Without Pay for the Care of Immediate Family

Remove the definition of immediate family and introduce NEW definition of family in Article 2.01, as per above.

a. Both parties recognize the importance of access to leave for the purpose of care for the immediate family.

b. For the purpose of this article, immediate family is defined as spouse (or common-law partner), children (including foster children or children of spouse or common-law partner), grandchildren, parents (including step-parents or foster parents) or any relative permanently residing in the employee’s household or with whom the employee permanently resides.

b. c. Subject to clause 17.09(b), an An employee shall be granted leave without pay for the Care of Immediate Family in accordance with the following conditions:

    1. an employee shall notify the Employer 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
    2. leave granted under this clause shall be for a minimum period of three (3) weeks
    3. 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

iv. leave granted for a period of one (1) year or less shall be scheduled subject to operational requirements.

c. 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 purpose of calculating severance pay and from the calculation of “service”;

d. time spent on such leave for more than three (3) months shall not be counted for pay increment purposes;

e. time spent on such leave for a period of three (3) months or less, shall be counted for pay increment purposes.

f . d. 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 Employer.

g. e. 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.

Add new title: Compassionate Care Leave and Benefit

This is being addressed as a central issue

The Institute reserves the right to introduce language at later date.

Renumber 17.09 f. and g. accordingly.

17.12 Leave with pay for family-related responsibilities

Remove the definition of immediate family and introduce NEW definition of family in Article 2.01, as per above.

a. For the purpose of this clause, family is defined as spouse (or common-law partner), children (including children of legal or common-law partner, foster children and ward of the employee), parents (including step-parents or foster parents), father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents of the employee, grandchild, any relative permanently residing in the employee’s household or with whom the employee permanently resides or any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee.

a. b. The Employer shall grant leave with pay under the following circumstances:

    1. an employee is expected to make every reasonable effort to schedule medical or dental appointments for family members to minimize or preclude the employee’s absence from work; however, when alternate arrangements are not possible an employee shall be granted leave with pay for a medical or dental appointment when the family member is incapable of attending the appointment without accompaniment, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify the employee’s supervisor of the appointment as far in advance as possible
    2. 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
    3. leave with pay for needs directly related to the birth or to the adoption of the employee’s child
    4. to attend school functions, if the supervisor was notified of the functions as far in advance as possible
    5. to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility. 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

vi. to provide time for the employee to make alternative arrangements in the event of fire or flooding to the employee’s residence;

b. c .The total leave with pay which may be granted under subparagraphs 17.12(b) (i) to (v) shall not exceed thirty-seven decimal five (37.5) forty-five (45) hours in a fiscal year.

c. d. seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in clause 17.12(c) above 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.


ARTICLE 18
CAREER DEVELOPMENT

General

18.01

a. The parties recognize that in order to maintain and enhance professional expertise, employees , from time to time, need to have an opportunity to regularly attend or participate in professional and career development activities as described in this article.

b. An employee is entitled to a personal learning plan which will be jointly developed with the responsible manager. The personal learning plan will be reviewed and updated on an annual basis at the employee’s request. The employer commits to implementing such a plan.

c. The employer commits to report once per year at the local/sectoral consultation meeting, on the use and implementation of learning plans.

Attendance at conferences and conventions

The Institute reserves the right to introduce language at later date.

18.03

a. Status quo

b. Status quo

  1. In order to benefit from an exchange of knowledge and experience, an employee shall have the opportunity on occasion to attend conferences and conventions which are related to the employee’s field of specialization, subject to operational constraints

i. To the above end, the employer will set aside a minimum of one opportunity per year, per employee, ensuring that all have access to a minimum of 37.5 paid hours per annum, exclusive of travel, to participate in activities described in section 18.03, 18.04 of the collective agreement, exclusive of mandatory training.

ii. An employee may voluntarily not consume all or part the preceding allotment, in order to take a maximum of 75 hours in another year.

iii. Both parties recognize that timely travel approvals result in lower travel cost, therefore the employer will make every effort to approve the attendance to conferences, conventions, and career development events in a timely fashion.

  1. The Employer may grant leave with pay and reasonable expenses including registration fees to attend such gatherings, subject to budgetary and operational constraints.
  1. An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, in travel status. The Employer shall pay the registration fees of the convention or conference the employee is required to attend .
  1. An employee invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to the employee’s field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for payment of convention or conference registration fees and reasonable travel expenses

f. g. An employee shall not be entitled to any compensation under Article 9: overtime, and Article 13: travelling time in respect of hours the employee is in attendance. at or travelling to or from a conference or convention under the provisions of this clause, except as provided by paragraph (e)

Professional development

18.04

  1. The parties to this Agreement share a desire to improve professional standards by giving the employees the opportunity on occasion:
    1. to participate in workshops, short courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields,
    2. to conduct research or perform work related to their normal research programs in institutions or locations other than those of the Employer,
    3. to carry out research in the employee’s field of specialization not specifically related to assigned work projects when in the opinion of the Employer such research is needed to enable the employee to perform the employee’s assigned role . ,
    4. to participate in language workshops, or courses or immersion programs to attain, improve and/or maintain their language competencies,

v. on the job training, such as acting assignment, short term deployment, secondment.

b. Subject to the Employer’s approval an employee shall receive leave with pay in order to participate in the activities described in paragraph 18.04(a).

Selection criteria

18.05

PIPSC would like a discussion on such selection criteria and reserve the right to table language at later date.

18.05

Reverse order of sentences

a. The Employer , on request, will shall consult with the Institute Representative on the Committee the Institute Representative the Departmental Career Development Consultation Committee / Joint Consultation Committee with regard to the establishment of selection criteria at the appropriate departmental level.

Should t T he Employer shall then establish and implement such selection criteria for granting leave under clauses 18.02 through 18.04 for a specified group, a copy of these criteria will be provided to an employee who so requests and to the above-mentioned Institute Representative on the Departmental Career Development Consultation Committee . The Employer, on request, will consult with the Institute Representative on the Committee with regard to the selection criteria.

b. All applications for leave under clauses 18.02 through 18.04 will be reviewed by the Employer. A list of the names of the applicants to whom the Employer grants leave under clauses 18.02 through 18.04 will be provided to the Institute Representative on the Departmental Career Development Consultation Committee.

c. Where an employee is refused attendance at a conference, the reason for refusal will be provided in writing, to the employee, with the notice of refusal.

Departmental Career Development Consultation Committee

18.06

NEW 18.06 f) The Departmental Career Development Consultation Committee and/or the Joint Consultation Committee will gather statistics by Department and by classification on the requests made under 18.03 and 18.04 including the number of requests, the nature of the requests and the number of approvals and denials and reasons for denials .

Joint Institute / Treasury Board Career Development Committee

18.07

  1. In addition to consultation on career development at the departmental level referred to in clause 18.05, 18.06 , and 37.02, the representatives of the Employer and the Institute agree to establish a joint Institute/Treasury Board Career Development Committee.
  2. In establishing this committee, it is understood by the parties that Departments are responsible for the application of the policies related to Career Development.
  3. It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

ARTICLE 25

SAFETY AND HEALTH

25.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Institute and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury or occupational illness.

25.02 Safe and Secure Parking for Shift Workers

Shift work employees required to arrive or depart outside of the hours of 06:00 to 18:00 will be provided with safe and secure parking on premises at the employer’s expense.


ARTICLE 28
USE OF EMPLOYER FACILITIES

Bulletin Boards

28.02 Reasonable space on the employer’s bulletin boards, including electronic bulletin boards and access to the employer’s communication facilities including email , where available will be made available to the Bargaining Agent for the posting of official notices, in convenient locations determined by the Employer and the Institute. Notices or other materials shall require the prior approval of the Employer, except notices relating to the business affairs of the Institute and social and recreational events. The Employer shall have the right to refuse the posting of any information which it considers adverse to its interests or to the interests of any of its representatives.

28.04

The employer will provide a readily available confidential environment or meeting space for employees to meet with a PIPSC Steward.


ARTICLE 29

INFORMATION

29.01 The Employer agrees to supply the Institute on a quarterly basis with a list of all employees in the bargaining unit , casual employees and contractors. The list referred to herein shall include the name, employing department, branch, directorate, geographical location, classification of the employee/contractor and shall be provided within one month following the termination of each quarter. As soon as practicable, the Employer agrees to add to the above list the date of appointment for new employees and contractors.


ARTICLE 31
LEAVE FOR STAFF RELATIONS MATTERS

Modify language to reflect the August 20, 2018 agreement between TB and PIPSC on union leave. (Continuation of pay during union leave)

31.04 Federal Public Service Labour Relation Board Essential Services Hearing, Arbitration Board, Public Interest Commission Hearings and Alternative Dispute Resolution Process

Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board, a Public Interest Commission or in an Alternative Dispute Resolution Process.

31.12 Meetings between the Institute and management

Where operational requirements permit, the Employer will grant leave with pay, including reasonable preparation, and travel time where applicable, to an employee to attend meetings with management on behalf of the Institute.


ARTICLE 37
JOINT CONSULTATION

37.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding career development, professional development, and proposed technological, workspace and operational changes , contracting out and any initiatives impacting employees’ efficiency and effectiveness . Consultation may be at the local, regional or national level as determined by the parties required .

Consultation with regards to contracting out shall include, but not be limited to, the influence on working conditions, complexity of tasks, information on contractors in the workplace, future resource and service requirements, skills inventories, knowledge transfer, position vacancies, workload, and Managed Services.

The employer agrees to disclose data on the administration of the official languages departmental training program, including the dollar amounts spent, hours and participants by classification and level.

37.03 Wherever possible , t T he Employer shall consult with representatives of the Institute at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

Joint Consultation Committee Meetings

37.05 Employees forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable preparation and travel time where applicable.


ARTICLE 40
PART-TIME EMPLOYEES

The Institute would like to discuss the provisions for part-time employees with the Employer and reserves the right to table specific proposals at a later date.


ARTICLE 41
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

41.01 For the purpose of this article:

  1. a formal assessment and/or appraisal of an employee’s performance means any written assessment and/or appraisal by any supervisor of how well the employee has performed assigned tasks during a specified period in the past. A formal assessment and/or appraisal of an employee's assessment must not be based on or reference any competency or behaviour which could be, has been or will be subject to discipline.
  2. formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the Employer for this purpose.
  3. if, during the employee performance review, either the form or instructions have changed they shall be given to the employee.
  4. an employee is entitled to a performance assessment on an annual basis.

NEW

Performance appraisal

XX.01 At the beginning of the appraisal period, the employer will clearly articulate and provide in writing to the employee, the required performance standards used to assess their performance.

XX.02 Annual increments are based on experience, at the rate of one step for each completed year on-the-job experience. For the purposes of this paragraph the following shall be considered as on-the-job experience: leave for union activities, paid leave of absence, secondment.

XX.03 Except as provided in subsections XX.04 and XX.05, every employee shall be granted salary increments on his/her salary increment date until he/she reaches the maximum rate in the range of rates for the classification level to which he/she is appointed. For greater clarity, unless specifically authorized in this collective agreement no pay increment may be withheld for performance related reasons.

XX.04 Where an employee’s annual performance evaluation or written performance objectives refer to a need for training, in a particular subject area in order to fulfil a particular work related objective that employee shall be entitled to training required to ensure they can meet that objective.

XX.05 Management shall provide the employee with the training necessary to complete their written performance objectives or any other needs identified in the annual performance evaluation. All hours on training shall be deemed hours worked. All cost associated with training will be borne by the employer.

XX.06 Where such training as referred to in XX.02 – XX.03 is not available, an employee will not be evaluated on those performance objectives that required training.

41.02

a. Status Quo

b. Status Quo

c. The employee will have the right to representation during the creation of an action plan as the result of their performance review.

41.04

Upon written request of an employee, the personnel files of that employee shall be made available once per year for examination by the employee in the presence of an authorized representative of the Employer and at the discretion of the employee, a union representative. The files shall be made available within twenty (20) working days of the receipt of the written request.


ARTICLE 43

SEXUAL HARASSMENT

This is being addressed as a central issue

The Institute reserves the right to introduce language at later date.


ARTICLE 45

PENOLOGICAL FACTOR ALLOWANCE

AMOUNT of PFA

45.03

Penological factor allowance

Designated security level of the penitentiary

Maximum

Medium

Minimum

$2,000

$1,000

$600

Replace current allowances with $2500.00 allowance regardless of the security level.


ARTICLE 46

PAY

Acting Pay

The Institute would like to discuss the application of this article

46.08 When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the required number of consecutive working days or shifts, exclusive of overtime , the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to that higher classification level for the period in which the employee acts.

a. The required number of consecutive working days referred to in clause 46.08 is three (3) consecutive working days;

b. However, the qualifying period of three (3) consecutive scheduled working days or shifts mentioned above will be reduced to one (1) day or shift for MT-3 employees working shift work.

c. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as time worked for purposes of the qualifying period.

46.09 Salary Protection

Every employee who is reclassified pursuant to a new classification standard or job evaluation plan, to a new classification or job evaluation level with a lower maximum rate of compensation than the current maximum rate of compensation for the employee’s current classification level, shall be paid at the classification or job evaluation level that has a maximum rate of compensation equal to, or greater than, the maximum for the employee’s current classification level.


ARTICLE 48

DURATION

48.01 The duration of this Collective Agreement shall be from the date it is signed to September 30, 2018. To be discussed at a later date.


NEW ARTICLE

WORKPLACE ACCOMMODATION

The Institute will have the right of notice, information and consultation in respect to any request made by a bargaining unit member for an accommodation (e.g. disability, family status or religion) to fulfil its legal responsibilities under the Canadian Human Rights Act.


NEW ARTICLE

PHOENIX-PAY RELATED ISSUES

This is being addressed as a central issue

The Institute reserves the right to introduce language at later date.


NEW ARTICLE

ACTIVITY-BASED WORKING/ WORKPLACE GC/ OFFICE 2.0/3.0 RELATED ISSUES

The Institute reserves the right to introduce language at later date.


NEW ARTICLE

TELEWORK

The Institute reserves the right to introduce language at later date.


NEW ARTICLE

MEDICAL APPOINTMENTS

XX.01 Employees should make every reasonable effort to schedule any medical or dental appointments on their own time, however, in the event that medical or dental appointments cannot be scheduled outside of working hours, employees shall be granted leave with pay to attend medical or dental appointments.


NEW ARTICLE

DOMESTIC VIOLENCE

The Institute reserves the right to introduce language at later date.


NEW

RCMP CM SPECIFIC WORKING CONDITIONS

This is being addressed as a central issue

The Institute reserves the right to introduce language at later date.


Appendix “A”

ANNUAL RATES OF PAY

The Institute wishes to discuss pay with the Employer and reserves the right to table specific proposals at a later date. This includes proposals on allowances.


All Appendices to be renewed subject to amendments contained below.

Appendix “D”

Memorandum of Agreement Between the Treasury Board and the Professional Institute of the Public Service of Canada with Respect to Scientific Integrity

The purpose of this MOA is to establish a framework for the joint development of Scientific Integrity policies and guidelines between PIPSC and the Treasury Board and PIPSC and the Departments.

The parties to this Agreement recognize that scientific integrity constitutes an integral part of the department’s and employee’s work. Ensuring and enhancing scientific integrity is vital to the decision making process in the public administration and is the responsibility of all employees. It enables decision makers to draw upon high quality, wide-ranging and robust scientific and social scientific evidence for informed decision making. Scientific integrity involves the application of concepts of transparency, openness, high quality work, avoidance of conflict of interest and ensuring high standards of impartiality and research ethics. In this context, the parties recognize the need to promote a culture of scientific integrity within government science and research.

The Government of Canada firmly believes that government science should be publicly available and is an important part of an evidence-based decision-making process.

The Directive on the Management of Communications stipulates that spokespersons and subject matter experts may speak publicly about their own area of expertise and research, while respecting the Values and Ethics Code for the Public Sector. Deputy Heads have been asked to provide their ongoing attention to the implementation of the policy requirements within their departments that allow government scientists to speak publicly about their work. As part of the implementation, Deputy Heads should communicate directly with the employees of their department to ensure they are aware of the communications policy and how it applies to them.

The parties recognize the importance of balancing the requirements of scientific integrity and those of the Values and Ethics Code for the Public Sector as adopted April 2, 2012.

The principles and guidelines of scientific integrity include the release of scientific information and data to the public in a timely manner and in keeping with the Government of Canada’s Directive on Open Government; the attribution and acknowledgement of the contributions of Government of Canada science/scientists; where appropriate, acknowledgement in official publications or communications where a significant (meaningful) contribution to programs, policy or regulations has been made, including the names and roles of those who made significant contributions to the research.

Further, principles and guidelines on scientific integrity ensure that science is high quality, free from political, commercial, and client interference; ensure the education of employees of the department/agency on the role of science in evidence-based decision making. The Government of Canada recognizes the importance of professional development, and the employee’s role in the development of government policy or advice.

Implementation and governance

Departments that employ more than 10 RE or SP members shall be required to develop and maintain their own Scientific Integrity Policies and Procedures in consultation with PIPSC Representatives in their respective workplaces. Such policies shall address the principles/guidelines outlined above, including the right to speak publicly identified in the collective agreement. This shall be completed within eighteen (18) months of the signing of this MOA. Departments, in consultation with PIPSC, will endeavour to create a common policy that can be used as a model by departments when developing their own Scientific Integrity Policies. This will be completed within the first 6 months of the signing of this collective agreement.

Departments shall report annually at the National Union-Management Consultation Committee (NUMCC) on the progress toward implementing this MOA and departmental policies. In addition, the Governance Committee composed of the Secretary of the Treasury Board, Chief Science Advisor, once appointed and President of PIPSC will meet annually to take stock of progress and decide on course correction. The Governance Committee shall operate in accordance with the document “Terms of Reference: Governance Committee Implementation of Government Wide Scientific Integrity” as agreed to by PIPSC and the Treasury Board signed on XXXXX. This document shall form part of this collective agreement.

The Treasury Board of Canada

The Professional Institute of the Public Service of Canada

? Sandra Hassan

? Patricia A. Phee

? Debi Daviau

? Michael Urminsky


**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

  1. The Employer will provide an Allowance to employees of the Health Product and Food Branch (HPFB) of Health Canada, who are involved in the assessment of submissions for human therapeutic products and occupy:

who assess the safety and efficacy of Human Therapeutic Products (drugs and devices as defined in section 2 of the Food and Drug Act) through a combination of in-depth scientific assessment of human clinical data, risk/benefit assessment, risk management and communication. The assessment would be undertaken in respect of any of the following:

o pre-market

o post-market

2. The parties agree that BI employees who perform the duties of the specific positions identified above shall be eligible to receive a “Human Drugs Clinical Review Allowance” in the following amounts and subject to the following conditions:

a. Commencing October 1, 2014 2018 and ending September 30, 2018 , BI employees who perform the duties of the specific positions identified above shall be eligible to receive a Human Drugs Clinical Review Allowance in the following applicable annualized amount to be paid biweekly;

b. the employee shall be paid the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix “A” of the collective agreement. This daily amount is equivalent to the annual amount set out below for each position and level divided by two hundred and sixty decimal eight eight (260.88);

NOTE: The Institute proposes to restore the historical percentage differential of the allowance with salary and maintain this differential going forward. (as of 2006)

Annual amount

Daily amount

BI-4

$18,665.34 $14,694

$ 71.54 $56.32

BI-5

$20.816.78 $16,794

$79.79 $64.37

c. The Human Drugs Clinical Review Allowance specified above does not form forms part of an employee’s salary except for the determination of the Supplementary Unemployment Benefit provided for in clauses 17.04, 17.05, 17.07 and 17.08 . ( make it pensionable)

d. The Human Drugs Clinical Review Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this Memorandum of Understanding.

e. Subject to (f) below, the amount of the Human Drugs Clinical Review Allowance payable is that amount specified in 2(b) for the level prescribed in the certificate of appointment of the employee’s substantive position.

f. When a BI employee is required by the Employer to perform the duties of a higher classification level in accordance with clause 46.08, the Human Drugs Clinical Review Allowance payable shall be proportionate to the time at each level.

g. The Human Drugs Clinical Review Allowance shall be increased annually based upon the economic increase applied to the amount the employee is paid pursuant to Appendix “A” of the collective agreement.

A part-time BI employee shall be paid the daily amount shown above divided by seven decimal five (7.5), for each hour paid at his hourly rate of pay pursuant to clause 40.03.

An employee shall not be entitled to the Human Drugs Clinical Review Allowance for periods he is on leave without pay or under suspension.

The parties agree that disputes arising from the application of the Memorandum of Understanding may be subject to consultation.

This Memorandum of Understanding expires on September 30, 2018.

Human Drugs Clinical Review Allowance.

1. Propose to make this a permanent allowance and incorporate within the Collective Agreement as such, and included for pension purposes.

2. Propose increase to Annual and daily amounts for BI-4 and BI-5 employees performing the specified duties.

Rationale:

This allowance has been in place since 2002, and is de facto permanent compensation for this unique requirement.

The value of the allowance has decreased over the years with inflation. It is not treated as pensionable although paid for performance of duties.

The compensation gap between the SP-BI staff and SH-MD-MOF staff performing the same nature of work has increased significantly during the 16 years the allowance has been in effect.

The job content, inherent risks in decision-making and significant scientific and technological advancements in this field have increased the demands and challenges on the employees performing this work.


Appendix “G”

Workforce Adjustment

The Institute reserves the right to introduce language at later date.


**Appendix “I”

Memorandum of Agreement on Supporting Employee Wellness

The Institute reserves the right to introduce language at later date.


Appendix NEW

Classification Language (As adapted from PSAC TC Group - Appendix GG)

Occupational Group Structure Review and Classification Reform for the Applied Science and Patent Examination (SP) Bargaining Unit

This Memorandum is to give effect to the agreement reached between the Employer and the Institute in respect of employees in the Applied Science and Patent Examination (SP) bargaining unit.

Notwithstanding the Employer’s position that classification is an exclusive employer authority and the Institute’s disagreement with this position, the employer is committed to engaging in meaningful consultation with the Institute with respect to the review and redesign of the SP Occupational Group structure, followed by meaningful consultation regarding Classification Reform, relating to the development of job evaluation standards for the SP Occupational Group.

Meaningful consultation on the Classification Reform will include consultation with the Institute on the development of job evaluation standards which reflect and evaluate, in a gender neutral manner, the work performed by the employees in the SP Occupational Group. It will also include ongoing dialogue with respect to providing employees with complete and current job descriptions detailing the specific responsibilities of the position.

The parties agree that meaningful consultation on the development of job evaluation standards shall take place within thirty (30) days of the signing of this collective agreement. New job evaluation standards shall be completed no later than December 30, 20XX, for Treasury Board Minister’s consideration toward the objective of negotiating new pay lines for these job evaluation standards in the subsequent collective agreement.