PIPSC Central Table Bargaining Proposals 2018

Presented by:

The Professional Institute
of the Public Service of Canada

To

Treasury Board of Canada

on

November 2, 2018


On Behalf of the Employees in the following groups:

Listed below you will find our bargaining proposals submitted for this round of central negotiations to amend the collective agreements between the Applied Science and Patent Examination (SP) Group, the Audit, Commerce & Purchasing (AV) Group, the Computer Systems (CS) Group, the Engineering, Architecture and Land Survey (NR) Group, the Health Services (SH) Group, and the Research (RE) Group of the Professional Institute of the Public Service of Canada, which will all expire in 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 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.

All items tabled centrally are to be included in each of the above mentioned Group Collective Agreement.

Should no agreement be reached at the central table, on any or all of the common issues, they will revert back to Group individual bargaining table for negotiation.


PIPSC Bargaining Team

Bargaining Team Coordinator
Robert B. Scott
Region: PRAI
Classification: CS 03
Dept: CSC

Bargaining Team Member
Mehran Alaee
Region: ONT
Classification: SE RES 03
Dept: ECC

Bargaining Team Member
Robert Trudeau
Region: PRAI
Classification: AU
Dept: CRA

Bargaining Team Member
Adam Fenwick
Region: PRAI
Classification: PH 01
Dept: CSC

Bargaining Team Member
Stéphanie Fréchette
Region: QUE
Classification: SR 03
Dept: CFIA

Bargaining Team Member
Dale Hudson
Region: ATL
Classification: EN ENG 04
Dept: PSPC

Communication Officer
Louis Poirier
Region: NCR
Classification: RCO 03
Dept: NRC

Bargaining Team Member
Elizabeth Ptasznik
Region: PRAI
Classification: SG SRE 05
Dept: HEALTH

Bargaining Team Member

Bargaining Team Member
Kim McGuire
Region: NCR
Classification: CO 03
Dept: ISEDC

Negotiators:
Suzelle Brosseau
Pierre Ouellet


Common Designated Paid Holidays Proposal

Add one designated paid holiday:


Common Proposal for Family Leave and Benefits Principles

Leave and Benefits related to Critical Illness

Compassionate Care Leave & Benefits

Paid Maternity Leave

Parental Leave and Benefits (includes new additional 5 weeks parental for the non-birthing parent)

*Exact number of weeks to be confirmed.

Non-Birthing Parent (Paternity) Leave and Benefits


Common Harassment Proposal Principles

1. Informal Resolution (voluntary)

(a) Parties to a complaint to be informed of the option to resolve the matter informally.

(b) Increased and timely utilization of informal resolution to address concerns at the earliest opportunity and at any stage of the process.

(c) Mandatory referral of incidents that do not constitute harassment to informal resolution, to resolve concerns before they escalate.

(d) Entitlement to Institute representation for members participating throughout process.

2. Mediation

(a) Continued access to mediation where the parties agree, and at any stage of the process.

3. Investigations

(a) Recommendation that complainants follow the Employer’s process, prior to proceeding with a grievance.

(b) Extension of the grievance timelines until after the completion of the resolution and/or investigation processes.

(c) Employer has a duty to act when it becomes aware of an incident of harassment/violence, regardless of whether or not there is a complaint.

(d) Employer must appoint a competent and objective person agreed to by both parties to investigate any unresolved incidents of harassment or violence, within 10 working days of receiving a complaint or becoming aware of the incident.

(e) Entitlement to Institute representation for members being interviewed.

(f) Time limits for appointing an investigator, commencing and completing the investigation. (Reasonable agreed upon time line; specify consequences if timeline not respected)

(g) Access to different reporting structures for complainants alleging harassment by someone with supervisory or managerial authority over them, until a decision has been rendered and any referrals to adjudication are exhausted. (Ensure no interaction between complainant and respondent)

In addition, we are recommending that proposals to introduce new Appendices to the Collective Agreements be negotiated centrally, to address the following principles:

1. Prevention

a. A statement of principles reinforcing the rights of employees to work in an inclusive and respectful environment free from violence, harassment and discrimination.

b. A statement of commitment from the parties to a collaborative union-management approach to resolve allegations and provide access to effective timely and confidential processes without fear of reprisal.

c. Departmental harassment education work plans, developed in consultation with and involvement of the Union.

d. Active monitoring by Treasury Board/ Agencies and the Union. (Active monitoring to be defined)

2. Training

a. Co- Development with the union and implementation, with timelines, of on-going mandatory harassment reduction (to be separate from Diversity training), diversity and inclusion training at all levels (time paid by employer):

i. Advanced mandatory and in person training for management, supervisors, HR and Union Stewards;

ii. Awareness training for all employees; and

iii. Onboarding training for all new hires.


Common Pay Administration Proposal

1. Central Table Guiding Principles and Priorities

a) Establishing a fixed pay date (ex: bi-weekly pay system).

The employer shall maintain a bi-weekly pay period for all employees. In the event that a regular pay day falls on a statutory holiday, employees shall be entitled to be paid on the day preceding the holiday.

b) Establishing clear timeframe for all payment owed (ex. Severance, travel expenses etc) and penalties in case of the non-respect of the said timeframe.

c) Establishing minimum information contained on pay stubs.

Each pay period, the employee shall receive an itemized statement inclusive of the following information:

  1. name of the employee, client number and Employer;
  2. pay period;
  3. annual salary;
  4. hourly rate;
  5. total hours worked;
  6. total amount received;
  7. year to date earnings;
  8. amount of overtime, call back or standby pay received;
  9. type and amount of any allowances, premium or supplementary pay received;
  10. specified accrued period of all earnings;
  11. details of all deductions, including but not limited to, Employment Insurance, Canada Pension Plan and Income tax; and,
  12. a clarification of all pay codes referenced in the statement.

d) Establishing deduction rules for overpayments. (reimbursement of only net pay)

When an employee, through no fault of his or her own, has been overpaid in excess of fifty dollars ($50), the Employer is prohibited from making any unilateral or unauthorized deductions from an employee’s pay. Any repayment schedule is to be agreed to between the Employer and the employee. A repayment schedule shall not exceed ten percent (10%) of the employee’s net pay each pay period until the entire amount is recovered. An employee may opt into a repayment schedule above ten percent (10%). A repayment schedule that exceeds ten percent (10%) shall not be imposed on an employee. In determining the repayment schedule, the employer shall take into considerations any admission of hardship created by the repayment schedule on the employee. Failing an agreement between the employee and the Employer, the parties shall defer to an objective third party for determination.

e) Employer to pay interest on monies owed to an employee or any financial obligations/hardships that have occurred as a result of overpayments or incorrect reporting of payments (ie required payments to CRA because of actual incorrect overpayments or incorrect pay stubs/T4)

The Employer shall reimburse the employee for all interest accrued on any outstanding debt owed as result of improper pay calculations or deductions, or any contravention of a pay obligation defined in this collective agreement which has resulted in the employee being underpaid, overpaid or incorrectly ascribed to be paid. Interest shall accrue at the rate prescribed by the Courts of Justice Act and be calculated from the date of error.

f) Harmonizing collective agreement implementation timeline to 90 days.

g) Retro pay to be paid on separate pay check with reference period.

h) Emergency salary or benefit advances.

Upon request, an employee shall be entitled to receive an emergency salary or benefit advance from the Employer when the employee has been underpaid as a result of improper pay calculations or deductions or as a result of any contravention of any pay obligation defined in this agreement by the Employer. The emergency advance shall be equivalent to the amount owed to the employee at the time of request and shall be distributed to the employee within seven (7) days of the request. The receipt of an advance shall not place the employee in an overpayment situation. The employee shall be entitled to receive emergency advances as required until the entirety of the pay issue has been resolved.

Any repayment schedule is to be agreed to between the Employer and the employee. In determining the repayment schedule, the employer shall take into considerations any admission of hardship created by the repayment schedule on the employee. Failing an agreement between the employee and the Employer, the parties shall defer to an objective third party for determination.

i) Accountant or financial management or counselling up to $1000 a year.

The Employer shall reimburse an employee up to one thousand dollars ($1000) annually for the use of accounting and/or financial management services by an employee if the use of these services is required as a result of improper pay calculations and disbursements made by the Employer.

j) Pay issues resulting in hardships will be addressed in an expedited manner.

The Employer shall adopt such procedures as necessary to ensure the timely resolution of all employee pay issues. Employees experiencing hardship as a result of the Employer’s improper pay calculations and disbursements shall be addressed in an expeditious manner by the Employer.

k) Damages to be discussed at a later date.

l) Upon request, provision of detailed pay stub information for any pay period(s) requested by the employee at the employee’s specified address.


Duration

The Institute wishes to discuss duration with the Employer and reserves the right to table a specific proposal at a later date.

The Institute wishes the negotiation of the signature date to coincide with the ratification date.

The Institute wishes to discuss payment of interest and penalty for non-respect of implementation date and reserves the right to table specific proposals at a later date.


Economic Increase

The Institute wishes to discuss economic increase with the Employer and reserves the right to table specific proposals at a later date.

PIPSC Central Table Bargaining Proposals 2018