EMPLOYER NON-MONETARY PROPOSALS
FOR THE
AUDIT, COMMERCE AND PURCHASING (AV) GROUP
NEGOTIATIONS FOR THE RENEWAL
OF THE COLLECTIVE AGREEMENT
EXPIRING ON JUNE 21, 2018
September 20, 2018
TABLE OF CONTENTS
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 Audit, Commerce and Purchasing bargaining unit.
The Employer reserves the right to present other proposals in negotiations, revised proposals, as well as counter-proposals with respect to demands from the bargaining agent.
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.
The Employer proposes to:
Replace all references to the Public Service Labour Relations Board / Public Service Labour Relations and Employment Board with references to the Federal 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,
and
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).
17.15 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 25 - RECOGNITION
25.02 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 26 – CHECK-OFF
26.05 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 30 - LEAVE FOR LABOUR RELATIONS MATTERS
30.01 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 subsection 190(1) of the Federal Public Service Sector Labour Relations Act (PSLRA FPSLRA).
Where operational requirements permit, in cases of complaints made to the Federal Public Service Sector Labour Relations and Employment Board pursuant to section 190(1) of the FPSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA FPSLRA, the Employer will grant leave with pay:
30.03 Employee called as a witness
The Employer will grant leave with pay:
ARTICLE 34 – GRIEVANCE PROCEDURE
34.02 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:
34.03 Group grievances
Subject to and as provided in section 215 of the Federal Public Service Sector Labour Relations Act,…
34.04 Policy grievances
Subject to and as provided in section 220 of the Federal Public Service Sector Labour Relations Act, …
34.08 Subject to and as provided for in the Federal Public Service Sector Labour Relations Act, …
34.16 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.
34.24 ... 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.
34.26 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 (PSLREB FPSLREB). The framework is set out below.
ARTICLE 35 – NATIONAL JOINT COUNCIL AGREEMENTS
35.01 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 subsection 113(b) of the PSLRA FPSLRA.
35.02 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 39 - PART-TIME EMPLOYEES
Definition
39.01 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.
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
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:
or
Renumber accordingly.
DESIGNATED PAID HOLIDAYS
12.01 Subject to clause 12.02 below, the following days shall be designated paid holidays for employees:
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.
TRAVELLING TIME
13.01
(New)
VACATION LEAVE
15.04 Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent of his earned credits but an employee who has completed six (6) months of continuous employment service is entitled to an advance of credits equivalent to the anticipated credits for the vacation year.
REGISTRATION FEES
21.02 The Employer shall reimburse an employee his annual membership fees paid to either the Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA), Canadian Chartered Professional Accountant (CPA) or the Association of Certified General Accountants (CGA), or to one (1) of their respective provincial organizations, the Chartered Professional Accountants (CPA) when the payment of such fees is a requirement for the continuation of the performance of the duties of his position.
21.03 Except as provided under clause 21.05 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 Article of the CPA to maintain a professional designation and membership in good standing.
21.04 When the payment of such fees is not a requirement for the continuation of the performance of the duties of an employee’s position, but eligibility for a professional accounting designation from one of these associations by the CPA is a qualification specified in the Qualification Standards for the Auditing or Commerce group, the Employer shall reimburse the employee for his annual membership fees paid to one of the associations referred to in clause 21.02 to a maximum of one thousand ($1,000).
DURATION
48.01 The duration of this collective agreement shall be from the date it is signed to June 21, 2018 2022.
COMMON TABLE PROPOSALS
The Employer proposes to discuss the following articles at the common table:
After the parties’ discussion, any of these items may come back to the AV table for negotiations.