EMPLOYER NON- MONETARY PROPOSALS
FOR THE
HEALTH SERVICES (SH) GROUP
NEGOTIATIONS FOR THE RENEWAL
OF THE COLLECTIVE AGREEMENT
EXPIRING ON SEPTEMBER 30, 2018
October 22, 2018
TABLE OF CONTENTS
ARTICLE 8 Hours of work and shift work.. 8
8.02 Hours of work - general 8
article 13 travelling time.. 12
ARTICLE 15 VACATION LEAVE.. 13
15.04 Entitlement to vacation leave with pay. 13
15.06 Provision for vacation leave. 14
15.13 Vacation leave credits for severance pay. 17
ARTICLE 17 Other leave with or without pay.. 18
17.18 Maternity-related reassignment or leave. 18
ARTICLE 18 CAREER DEVELOPMENT.. 22
article 20 STATEMENT OF DUTIES.. 23
article 37 standards of DISCIPLINE.. 25
Article44 Correctional Service Specific Duty Allowance 26
ARTICLE 46 VARIATION IN HOURS OF WORK.. 27
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 the collective agreement covering employees who are members of the Health Services bargaining unit.
The Employer reserves the right to present other proposals in negotiations as well as counter-proposals with respect to union demands.
The Employer also proposes that articles of the agreement which are not modified, deleted or ultimately dealt with by the parties as proposals shall be renewed with only appropriate editorial modification to ensure compatibility with other articles as finally agreed.
Proposed changes are highlighted in bold font. Where deletions are proposed, the words have a strikethrough “ “.
The Employer reserves the right to table monetary proposals at a later time during the negotiation process
The Employer proposes to:
simplify, consolidate and standardize where appropriate;
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 the recoding/impact on the pay system is minimal.
Various Articles and Appendices.
Replace all reference to the Public Service Labour Relations and Employment Board (PSLREB) with references to the Federal Public Sector Labour Relations and Employment Board (FPSLREB).
Replace all references to the Public Service Labour Relations Act (PSLRA) with references to the Federal Public Sector Labour Relations Act (FPSLRA).
This applies to the following provisions:
References to First Nations and Inuit Health (FNIH) within Health Canada and to Health Canada (HC) NU-CHN in remote and isolated communities.
The Employer wishes to discuss.
a. This paragraph does not apply to the DE, MD and NU groups.
The scheduled workweek shall be thirty-seven decimal five (37.5) hours and the scheduled workday shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 6:00 am and 6:00 9:00 pm. The normal workweek shall be Monday to Friday inclusive.
article 8 hours of work and shift work
a. An employee who is required to change his scheduled shift without receiving at least seventy-two (72)forty-eight (48) hours’ notice in advance of the starting time of such change in the scheduled shift, shall be paid for the first (1st)shift worked on the revised schedule at the rate of time and one-half (11/2). Subsequent shifts worked on the revised schedule shall be paid for at the hourly rate of pay.
b. In addition, where an employee reports for work without notice of a change in his shift schedule, the employee shall receive four (4)hours’ pay at straight-time, should his service not be required.
c. When a change in the shift schedule is required, the Employer shall make every reasonable effort to personally notify employees on leave before they return to work.
9.06
(New)
Meal allowances under this clause shall not apply to an employee who has approval to work overtime from a location other than the workplace designated by the Employer.
(New)
10.X Call-back worked from a remote location
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 of 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:
1. compensation at the applicable overtime rate for any time worked, or
2. compensation equivalent to one (1)hour’s pay at the straight-time rate, which shall apply only the first time an employee performs work during an eight (8)hour period, starting when the employee first commences the work.
Renumber accordingly.
13.01
(New)
The Employer wishes to discuss Travelling Time.
15.04 Entitlement to vacation leave with pay
An employee is entitled to vacation leave with pay to the extent of the earned credits but an employee who has completed six (6) months of continuous service employment may receive an advance of credits equivalent to the anticipated credits for the current vacation year.
15.06 Provision for vacation leave
a. Employees are expected to take all their vacation leave during the vacation year in which it is earned.
b. In order to maintain operational requirements, the Employer reserves the right to schedule an employee’s vacation leave but shall make every reasonable effort:
a. i. to provide an employee’s vacation leave in an amount and at such time as the employee may request;
b. ii. not to recall an employee to duty after the employee has proceeded on vacation leave.
The Employer wishes to discuss.
The Employer wishes to discuss the scheduling of vacation leave.
15.13 Vacation leave credits for severance pay
Where the employee requests, the Employer shall grant the employee earned but unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of continuous employment in the case of resignation.
17.18 Maternity-related reassignment or leave
g. Notwithstanding clause (e), for an employee working:
I. in an institution at Correctional Service Canada where she is in direct and regular contact with offenders, and
II. for Health Canada NU-CHNs who are permanently assigned in nursing stations situated in remote and isolated First Nations communities (type 1 and 2 according to Health Canada’s Community Workload Increase System (CWIS),
III. OP and NU-HOS at Ste-Anne de Bellevue Hospital and an employee working at the RTCOSI who provide direct and regular health care to patients,
IV. OP and NUs in the Department of National Defence who provide direct and regular health care to patients,
Renumber accordingly
**17.20 Volunteer leave
Effective on April 1, 2018, clause17.20, Volunteer leave, is deleted from the collective agreement.
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5)working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5)hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;
The leave will be scheduled at times convenient both to the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.
**17.210
Other leave with pay
a. At its discretion, the Employer may grant leave with pay for purposes other than those specified in this agreement, including military or civil defence training, emergencies affecting the community or place of work, and when circumstances not directly attributable to the employee prevent his reporting for duty.
b. 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, a single period of up to seven decimal five (7.5)hours of leave with pay for reasons of a personal nature.
The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.
**
Effective on April 1, 2018, clause17.21 b) is amended to reflect the following:
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, up tofifteen (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 seventy five (3.75)hours each.
The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.
17.221
Other leave without pay
The Employer will propose a change in the French version of this clause to align with the English version in the collective agreement.
a. An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of education in which special preparation is needed to enable the employee to fill his present role more adequately, or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
b. An employee on Education Leave without pay under this clause shall may receive an allowance in lieu of salary equivalent to from fifty per cent (50%) zero per cent (0%) to one hundred per cent (100%) of the employee’s basic salary. The percentage of the allowance is at the discretion of the Employer.
20.01 At time of hiring or at any other time upon written request, an employee shall be entitled to a complete and current statement of the duties and responsibilities of his position, including the position’s classification level and the position rating form.
28.02 The Employer agrees to supply each employee with a copy of the collective agreement and any amendments thereto. For the purpose of satisfying the Employer’s obligation under this clause, employees may be given electronic access to the collective agreement. Where electronic access to the agreement is unavailable or impractical, or upon request, the employee shall be supplied upon request with a printed copy of the agreement.
37.08 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2)years have elapsed since the disciplinary action was taken, exclusive of periods of leave without pay, provided that no further disciplinary action has been recorded during this period.
The following allowance replaces the former Penological Factor Allowance (PFA). The parties agree that only those incumbents of positions deemed eligible and/or receiving the PFA as of signing of this collective agreement, shall receive the new Correctional Service Specific Duty Allowance (CSSDA), subject to the criteria outlined below.
44.01 The CSSDA shall be payable to incumbentsof specific positions in the bargaining unit which are in Correctional Services Canada (CSC). The Allowance provides additional compensation to an incumbent of a position who performs certain duties or responsibilities specific to CSC (that is, custody of inmates, excluding those duties that may be performed by employees occupying CX positions) within penitentiaries as defined in the Correctionsand Conditional Release Act, and/or CSC Commissioner Directives. The CSSDA is not payable to incumbents of positions located within Correctional Learning and Development Centres, Regional Headquarters, National Headquarters, and CORCAN establishments that do not meet the definition of penitentiary as defined in the Corrections and Conditional Release Act and/or CSC Commissioner Directives.
44.02 The CSSDA shall be two thousand dollars ($2,000) annually and paid on a by-weekly basis in any pay period for which the employee is expected to perform said duties of the specific position in a month. The value of the CSSDA shall be two thousand dollars ($2,000) annually. Except as prescribed in clause 25.04 below, this allowance shall be paid on a biweekly basis for any month in which an employee performs the duties for a minimum period of ten (10) days’ in a position to which the CSSDA applies.
46.03 Specific applications
For greater certainty, the following provisions shall be administered as provided herein:
e. Article 15: Vacation leave Leave when employment terminates
When an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation and furlough leave with pay to his credit by the hourly rate of pay as calculated from the rate specified in his certificate of appointment prior to the termination of his employment.
52.01 The duration of this collective agreement shall be from the date it is signed to 30 September 2018 2022.
The Employer wishes to discuss the Implementation Period.
The Employer wishes to discuss the rates of pay and pay notes.
The Employer wishes to discuss.
The Employer wishes to discuss.
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 SH table for negotiations.