Presented by
The Professional Institute of the Public
Service of Canada
To
The Treasury Board of Canada
On Behalf of Employees in the Audit, Commerce & Purchasing (AV) Group Bargaining Unit
Listed below you will find the Institute’s bargaining proposals submitted for this round of negotiations to amend the collective agreement between the Audit, Commerce and Purchasing (AV) Group of the Professional Institute of the Public Service of Canada and the Treasury Board of Canada, which expired on 21 June 2018. These proposals are submitted without prejudice to any future proposed amendments and/or additions, and subject to 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 propose titles for articles where there are none, or to modify titles where appropriate.
All proposed changes are highlighted in bold type. Where deletions are proposed they are identified by a "(strikethrough)".
Subject to the above noted, and subject to subsequent editorial changes, including translation corrections to current language, all other clauses, articles or portions thereof, appendices, and any other matters will be considered to be renewed.
PIPSC Bargaining Team
PIPSC Bargaining Team
Bargaining Team Chair Peter Gabriel Group: PG (PSPC)
Bargaining Team Member Gordon Sanford Group: PG (PSPC)
Bargaining Team Member Raymond Poon Group: AU (PSPC)
Bargaining Team Member Andree Doucet Group: CO (INAC)
Bargaining Team Member Jason Huang Group: CO (CBSA)
Bargaining Team Member Gerry Morrissey Group: CO (ACOA)
Bargaining Team Member James Bright Group: PG (PSPC)
Negotiator: Cara Ryan
Update all legislative references as required.
New Placeholders:
The Institute reserves the right to table proposals related to activity based working/workplace GC, office 2.0/3.0 and related issues at a later date.
The Institute reserves the right to table proposals related to telework at a later date.
The Institute reserves the right to table proposals related to RCMP specific working conditions at a later date
The Institute would like to discuss changing the Group acronym from “AV” to the more representative acronym of “ACP”.
2.01 For the purpose of this Agreement:
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(b) 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)
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(k) 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), aunt, uncle, child (including child of common-law partner), stepchild, foster child or ward of the employee, grandchild, father-in-law, mother in law, son in law, daughter in law, niece, nephew, the employee’s grandparents, and any relative permanently residing in the employee’s household or with whom the employee permanently resides, and any individual for whom the employee owes a duty of care.
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(r) overtime
means work required or approved by the Employer, to be performed by the employee in excess of his daily hours of work
4.01 The provisions of this Agreement apply to the Institute, employees and the Employer.
4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.
The Institute proposes to make the Collective Agreement gender neutral
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(new)
5.02 In administering this Agreement, the Employer shall act reasonably, fairly, in good faith, and in a manner consistent with the terms of this Agreement.
The Institute reserves the right to table additional proposals on hours of work at a later date.
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8.04 Except as provided for in clauses 8.05, 8.06 and 8.07:
9.01 When an employee is required or approved by the Employer to work overtime he shall be compensated as follows:
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9.06
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10.01 When an employee is called back to work or when an employee who is on stand-by duty is called back to work by the Employer any time outside his normal working hours he shall be entitled to the greater of:
10.02 Upon application by the employee and at the discretion of the Employer, or at the request of the employer and with the concurrence of 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 December 31st of the next following fiscal year shall be paid at the employee’s daily rate of pay on December 31.
(new)
10.03 When an employee is called back to work under the conditions described in clause 10.01, the employee shall be reimbursed for reasonable expenses incurred as follows:
10.03 10.04 When a payment is being made as a result of the application of this Article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1st) pay period after September 30 of the next following fiscal year.
10.04 10.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee’s normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.
12.01 Subject to clause 12.02 below, the following days shall be designated paid holidays for employees:
The Institute reserves the right to table a proposal on designated holidays at a later date or propose the incorporation of any agreement made at a central table between the Employer and the Institute dealing with designated holidays.
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 in the following manner:
13.02 For the purpose of clause 13.01 above, the travelling time for which an employee shall be compensated is as follows:
13.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.
13.04 Upon application by the employee and at the discretion of the Employer, or at the request of the employer and with the concurrence of 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 December 31 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on December 31.
13.05 When a payment is being made as a result of the application of this Article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1st) pay period after December 31 of the next following fiscal year.
13.06 This Article does not apply to an employee required to perform work in any type of transport in which the employee is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance with the Articles: Hours of Work, Overtime, Designated Paid Holidays.
13.07 Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include a foreseen overnight stay. An overnight stay requires an employee to have access to sleeping accommodation at no expense to the employee and eight (8) continuous hours available to utilize such accommodation. Travelling time shall include any time spend in transit due to an unforeseen overnight stay.
13.08 Travelling time shall include all additional time spent in transit due to unforeseen circumstances and unavoidable delays.
13.08 13.09 Compensation under this Article shall not be paid for travel time to courses, training sessions, conferences and seminars unless the employee is required to attend by the Employer.
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15.01 The vacation year shall be from April 1st to March 31st, inclusive.
15.02 Accumulation of vacation leave credits
An employee shall earn vacation leave credits for each calendar month during which he receives pay for at least ten (10) days at the following rate:
The Institute reserve the right to table a proposal on sick leave at a later date or propose incorporating any agreement made at the central EWSP table between the Employer and the Institute at a later date.
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17.02 Bereavement leave with pay
17.12 Leave with pay for family-related responsibilities
17.13 Volunteer leave
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, 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.
The leave will be scheduled at a time convenient both to 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.
17.13 Personal Leave
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, seven decimal five (7.5) 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.
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
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17.21 Leave with or without pay for other reasons
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, seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.
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
The Institute reserves the right to propose further changes to this article, or propose incorporating any agreement made at the central table between the Employer and the Institute at a later date. This is inclusive of proposals on Critical Illness leave, Maternity/ Paternity/Parental leave and allowances, and Compassionate Care leave and allowances.
18.01 General
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 described in this Article. Career development refers to an activity which is, in the opinion of the Employer, likely to be of assistance to the individual in furthering his career development and to the organization in achieving its goals.
18.02 Attendance at conferences, conventions and courses
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18.04 Professional development
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21.01 The Employer shall reimburse an employee for the employee’s payment of membership or registration fees to an organization or governing body when the employee’s membership or registration is related to the performance of the duties of the employee’s position the payment of such fees is a requirement for the continuation of the performance of the duties of the employee’s position.
Clauses 21.02, 21.03 and 21.04 apply to employees classified as AU and CO in the Audit, Commerce and Purchasing Group
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), the Canadian Chartered Professional Accountant (CPA) or the Association of Certified General Accountants (CGA), or to one (1) of their respective provincial organizations, when the payment of such fees is a requirement for related to the continuation of the performance of the duties of his position performance of the duties of the employee’s position.
21.03 Except as provided under clause 21.05 below, tThe reimbursement of annual membership fees relates to the payment of an annual fee which is a mandatory requirement by one of the a governing organizations listed in this Article to maintain a professional designation and membership in good standing.
21.04 When the payment of such fees is not a requirement for related to 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 is a qualification specified in the Qualification Standards for the Auditing or Commerce group, the Employer shall reimburse the employee for all employee paid annual membership fees paid to one of the associations referred to in clause 21.02 to a maximum of one thousand ($1,000).
21.05 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 readmission to an accounting association.
21.06 Upon receipt of proof of payment, the reimbursement will commence with fees that become due and are paid following that date. Reimbursement covered by this Article does not include arrears of previous years’ dues.
23.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the workforce adjustment agreement in Appendix C will apply. In all other cases the following will apply.
23.02 In this Article “Technological Change” means the introduction by the Employer of:
which will result in significant changes in the employment status or working conditions requiring new/augmented skills or knowledge of the employees in order to accomplish stated objectives.
23.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer’s operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
23.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days written notice to the Institute of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.
23.05 The written notice provided for in clause 23.04 will provide the following information:
23.06 As soon as reasonably practicable after notice is given under clause 23.04, the Employer shall consult meaningfully with the Institute concerning the effects of the technological change referred to in clause 23.04 on each group of employees. Such consultation will include but not necessarily be limited to the following:
23.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the regular/revised duties of his substantive position, the Employer shall consult the employee and, save for exceptional circumstance, shall provide the necessary training and/or knowledge transfer will make every reasonable effort to provide the necessary training during the employee’s working hours without loss of pay and at no cost to the employee.
The parties to update the language for consistency between the MOU signed between the parties in August 2018 regarding the continuation of pay during Union leave.
32.01 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.
32.02 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 Group Definition. However, to meet operational requirements, public service managers may choose to contract professional services in certain circumstances instead of making an appointment pursuant to the Public Service Employment Act.
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.
32.02 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.
36.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult meaningfully on matters of common interest.
36.02 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 responsibilities and standards, and workload, proposed technological change, 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.
36.03 Wherever possible, the 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.
36.04 Joint Consultation Committee meetings
The Consultation Committees shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer’s premises during working hours.
36.05 The Institute shall notify the Employer in writing of the representatives authorized to act on behalf of the Institute for consultation purposes.
36.06 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.
36.07 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this collective agreement.
37.01 Where written departmental standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.
37.02 Where an employee is required to attend a meeting on disciplinary matters 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’ written notice of such meeting with reasons for the meeting.
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The Institute reserves the right to table provisions for part-time employees at a later date.
40.01 For the purpose of this Article,
40.02 Prior to an employee performance review the employee shall be given:
40.03
The employee shall be provided with a copy of the assessment at the time that the assessment is signed by the employee
40.04 Upon written request of an employee, the personnel file of that employee shall be made available for the employee’s examination in the presence of an authorized representative of the Employer.
40.05 When a report pertaining to an employee’s performance or conduct is placed on that employee’s personnel file, the employee concerned shall be given:
The Institute reserves the right to propose further changes to this article, or propose incorporating any agreement made at the central table between the Employer and the Institute at a later date.
The Institute proposes updating this clause for consistency with the Canadian Human Rights Act
44.01 A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining units which are in the Correctional Services of Canada, subject to the following conditions:
44.02 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group.
44.03 The payment of the allowance for the Custody of Inmates is determined by the designated security level of the penitentiary as determined by the Correctional Service of Canada. For those institutions with more than one (1) designated security level (that is, multi-level institutions), the PFA shall be determined by the highest security level of the institution.
44.04 Penological factor allowance
The Penological Factor Allowance shall be two (2) thousand dollars ($2,000) annually and paid on a bi-weekly basis in any pay period for which the employee is expected to perform said duties of the specific position in a month
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44.05 Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 44.01 are applicable.
44.06 The applicability of PFA to a position and the position’s level of PFA entitlement, shall be determined by the Employer following consultation with the Institute.
44.07 Except as prescribed in clause 44.10 below, an employee shall be entitled to receive PFA for any month in which he receives a minimum of ten (10) days’ pay in a position(s) to which PFA applies.
44.08 Except as provided in clause 44.09 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different level of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one position to which PFA applies, he shall receive the higher allowance, provided he has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.
44.09 When the incumbent of a position to which PFA applies, is temporarily assigned a position to which a different level of PFA, or no PFA, applies, and when the employee’s basic monthly pay entitlement in the position to which he is temporarily assigned, plus PFA, if applicable, would be less than his basic monthly pay entitlement plus PFA in his regular position, the employee shall receive the PFA applicable to his regular position.
44.10 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his regular position:
44.11 PFA shall not form part of an employee’s salary except for the purposes of the following benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance
Government Employees Compensation Act
Flying Accident Compensation Regulations
44.12 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to the employee or the employee’s estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.
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45.07 Acting pay
The Institute reserves the right to propose further changes to this article, or propose incorporating any agreement made at the central table between the Employer and the Institute at a later date relating to all pay rules and administration.
The Institute proposes an implementation period of 90 days
The Institute reserves the right to propose further changes to this article, or propose incorporating any agreement made at the central table between the Employer and the Institute at a later date.
The Institute wishes to discuss pay with the Employer and reserves the right to propose further changes to this article, and to propose incorporating any agreement made at the central table between the Employer and the Institute at a later date.
The Institute wishes to discuss the progress of the Joint Committee and reserves the right to propose further changes to this Appendix at a later date.
The Institute reserves the right to propose further changes to this article, or propose incorporating any agreement made at the central table between the Employer and the Institute at a later date.
The Institute reserves the right to propose further changes to this article, or propose incorporating any agreement made at the central table between the Employer and the Institute at a later date.