Bargaining Proposals
Presented by:
The Professional Institute of the Public Service of Canada
To
Canadian Nuclear Safety Commission
On Behalf of the NUREG Professional Employees Group
March 25, 2019
Listed below you will find our bargaining proposals submitted for this round of negotiations to amend the collective agreement between the NUREG Professional Employees Group of the Professional Institute of the Public Service of Canada (PIPSC) and Canadian Nuclear Safety Commission (CNSC) which expired on March 31, 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:
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
Group President
Harold Marcotte
Senior Examination & Certification Officer
Location: Ottawa
DSM-PCD
Classification: RE-7TS
Bargaining Team Member
Kevin Lee
Senior Regulatory Policy Officer
Location: Ottawa
Regulatory Policy Directorate
Classification: REG-7
Bargaining Team Member
Claudia Bell
Project Officer
Location: Ottawa
Regulatory Operations Coordination Division
Classification: REG-5
Bargaining Team Member
Agnes Robert
Engineer - Technical Specialist
Location: Ottawa
Operational Engineering Assessment Division
Classification: REG-7
Bargaining Team Member
Kathleen Ferreira
Senior Management Systems Specialist
Location: Ottawa
Directorate of Safety Management
Classification: REG-7TS
Bargaining Team Member
William Stewart
Senior Project Officer
Location: Saskatoon Regional Office
Uranium Mines & Mills Division
Classification: REG-7
Bargaining Team Member
Glenn Groskopf
Project Officer – Mining Specialist
Location: Saskatoon Regional Office
Uranium Mines & Mills Division
Classification: REG-7
Bargaining Team Member
Lacey Wallace
Program Officer
Location: Ottawa
TLSSD
Classification: REG-5
Negotiator:
David Griffin
Professional Institute of the
Public Service of Canada
Housekeeping Changes
Gender neutral language
The Institute would like to discuss the introduction of gender neutral language.
Legislation
Replace all references to Public Service Labour Relations Act with Federal Public Sector Labour Relations Act.
Call-Back
8.05 Where an employee completes a call-back requirement without being required to leave the location at which the employee was contacted, the employee shall be entitled to the greater of:
(a) a minimum of one hour pay at the applicable overtime rate,
or
(b) compensation at the applicable rate of overtime for the actual hours worked.
the minimum of three (3) hours provided in sub-clause 8.06 (a) shall be replaced by a
The minimum of one (1) hour, which shall apply only once in respect of each one-hour period.
Article 2
INTERPRETATION AND DEFINITIONS
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, brother-in-law, sister, step-sister, sister-in-law, 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, grandparent-in-law, aunt, uncle, any relative permanently residing in the employee’s household or with whom the employee permanently resides, and any relative for whom the employee has a duty of care, regardless of residence.
ARTICLE 5
MANAGEMENT RIGHTS
5.01 All 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 6
NO DISCRIMINATION
Harassment is being addressed as a central issue
The Institute reserves the right to introduce language at later date.
6.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, gender identity and expression, family status, marital status, genetic characteristics, mental or physical disability, conviction for which a pardon has been granted or membership or activity in the Institute.
6.02 The Institute and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the workplace.
6.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with harassment. The selection of the mediator will be by mutual agreement.
6.04 (a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint, a potential witness or otherwise perceived to have a conflict of interest.
(b) If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.
ARTICLE 7
HOURS OF WORK
General
7.01 (a) The normal work week shall consist of thirty-seven decimal five (37.5) hours over a five-day period, and the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period between the hours of 06:00 and 18:00. All employees, unless the employee is taking authorized leave or is otherwise advised by the Employer, are expected to be at work from at least 9:00 to 15:15 from Monday to Friday inclusive.
The normal work week shall be Monday to Friday inclusive.
An employee may work flexible hours on a daily basis so long as the daily hours amount to decimal five (7.5) consecutive hours.
ARTICLE 7
HOURS OF WORK
Banked Time
The Institute proposes to amend the banked time provisions to incorporate MOA #1 into the collective agreement, with amendments, replacing 7.04 to 7.06 as follows:
7.04 At the request of an employee and with prior approval of the Employer, an employee may elect to work in excess of his or her normal hours of work either on a normal work day or on a day of rest or designated holiday and to accumulate these extra hours on a straight-time basis. Such accumulation of extra hours shall be on productive work.
With the approval of the Employer, an employee may work additional hours in excess of normal hours specified in clause 7.01 either on a normal work day or on a day of rest or designated paid holiday and to accumulate these additional hours, on a one-for-one basis, as banked-time credits to be used as leave with pay in accordance with Article 7.06 herein.
7.05 Banked-time credits shall be based on fifteen (15) minutes increments and may not exceed fifteen (15) hours per month. The cumulative total of banked-time credits may not exceed seventy-five (75) hours per calendar year.
Banked-time credits shall be based on fifteen (15) minute increments. An employee's maximum number of banked credits at any one time may not exceed thirty-seven and one half (37 ½) hours. Banked time cannot be carried over into subsequent calendar years and shall not be converted to payment in cash at any time.
7.06 Accumulated banked-time credits will be taken as time off with pay at times requested by the employee and as approved by the Employer. An employee shall be required to accumulate sufficient banked-time credits prior to taking time off.
There will be no administrative advance of credits. Banked time shall not be converted to payment in cash at any time.
(a) Upon application by the employee, banked-time credits may be taken as leave with pay, subject to operational requirements. The leave may be taken on a casual basis or on a pre-arranged schedule. Such requests shall not be unreasonably denied. If denied, the reasons shall be provided in writing.
(b) An employee shall be required to accumulate sufficient banked-time credits to account for a period of leave prior to taking such leave.
7.07 (c) An employee who qualifies for another form of leave with pay may substitute banked-time leave for such leave.
7.08 (d) Where employees have not used their accumulated banked-time credits at the end of the calendar year, a maximum of seven and one half (7 ½ ) hours may be carried over into the next calendar year, for utilization at the earliest opportunity.
(e) Where employees have been denied a request to use their accumulated bank time credits before the end of the calendar year, such credits shall be carried over into the next calendar year in addition to the maximum permitted in (d) above.
7.07 (NEW) The Employer shall not compel an employee in any way to use the provisions of Article 7.04 where the work required is Overtime as defined in Article 8 (Overtime).
ARTICLE 7
HOURS OF WORK
Work at Home Telework
7.09 The Parties agree that there may be mutual benefit in permitting employees to perform work at home telework. At the employee's request and subject to operational requirements, the Employer may grant an employee's request to work at home telework. Details of the alternate work an indeterminate telework arrangement shall be agreed and recorded in writing by the Employer and the employee with a copy to the Institute representative. The alternate work telework arrangement shall be consistent with the terms of this Agreement.
(a) Approval for telework shall be on a case by case basis and consider the nature of the work performed by the employee. A request for telework shall not be unreasonably denied or terminated. If denied or terminated, the reasons shall be provided in writing.
(b) No employee shall be required to telework without their consent.
(c) The employer shall provide a teleworking employee with full remote access to work systems and resources available to the employee in the workplace, except where this would be impractical under the Security of Information Act. Where an employee’s work requires telephone contact within or without the local area, telephone charges will be reimbursed unless the employee has been issued a government device for this purpose.
(d) The employer will provide appropriate health and safety advice and guidance on how to establish a safe and ergonomic work environment.
ARTICLE 8
OVERTIME
Overtime
8.01 (a) Overtime is defined as pre-authorized time worked by a full-time employee on a day of rest, on a designated paid holiday or on a regularly scheduled workday in excess of seven and one half (7 ½ ) hours.
(b) Compensation under this Article shall not be paid in respect of attendance at courses, training sessions, conferences and seminars unless so provided for in Article 18 (Career Development and Training).
(c) Travel time shall be governed by Article 9.
(d) All calculations for overtime shall be based on each completed period of fifteen (15) minutes.
ARTICLE 8
OVERTIME
Overtime Meal Allowance
8.04 (a) An employee who works four (4) three (3) or more hours of overtime immediately before or immediately following scheduled hours of work shall be reimbursed for one meal in the amount of $10.50, allowance in accordance with the applicable current meal rate provided for in the Treasury Board Travel Directive, except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order to take a meal break either at or adjacent to the employee’s place of work.
(b) When an employee works overtime continuously extending three (3) four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of $10.50, allowance in accordance with the applicable current meal rate provided for in the Treasury Board Travel Directive, except where free meals are provided.
(c) Sub-clauses 8.04 (a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.
ARTICLE 8
OVERTIME
Standby
8.09 An employee designated for standby duty shall be available during the period of standby at a known telephone number and be able to report for duty as quickly as possible if called. Employees not designated for standby shall not be required to respond or be available at a known telephone number or electronic communication advice.
8.10 When the Employer requires an employee to be available on standby during off-duty hours, the employee shall be compensated at the rate of one-half (1/2) hour of pay for each four (4) hour period or portion thereof of standby duty. No payment shall be made where the employee is unable to perform work when required.
8.11 In areas and in circumstances where the Employer deems that electronic communication devices are both practicable and efficient, they will be provided without cost to those employees designated to perform standby duty.
ARTICLE 8
OVERTIME
8.14 (NEW) Hours Free From Work
An employee will not be required to report for a scheduled work day without at least twelve (12) hours of time off. Where such time off extends into the employee's next scheduled work day, the employee will maintain regular earnings for that full day. Where operational requirements do not allow for twelve (12) hours of rest before being required to report for a scheduled work day, the employee shall be compensated at time and one half (1.5) for all time less than the twelve (12) hours of rest.
ARTICLE 9
TRAVELLING TIME
9.01 When the Employer requires an employee to travel for the purpose of performing duties the employee shall be compensated in the following manner:
(a) on a normal working day on which an employee travels but does not work, the employee shall receive regular pay for the day.
(b) on a normal working day on which an employee travels and works, the employee shall be paid:
(i) regular pay for the day for a combined period of travel and work not exceeding seven and one-half (7 ½) hours,
and
(ii) at the applicable overtime rate for additional travel time in excess of a seven and one-half (7 ½) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours pay in any day, calculated at the straight-time rate.
(c) 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 payment of twelve (12) hours pay, calculated at the straight-time rate.
ARTICLE 9
TRAVELLING TIME
Travel Status Leave
9.06 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.
9.07 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.
9.08 This leave with pay is deemed to be compensatory leave and is subject to the article 8.04.
9.09 The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.
ARTICLE 10
COMPENSATION FOR OVERTIME,
TRAVELLING TIME, STANDBY
AND CALL-BACK
10.01 Upon application by the employee and with the approval of the Employer, compensation earned under Articles 8 and 9, with the exception of overtime meal allowances, may be taken in the form of compensatory leave or pay, which will be calculated at the applicable premium rate laid down in these Articles. Such approval shall not be unreasonably be denied. If denied, the reasons shall be provided in writing.
10.02 Compensatory leave earned under Articles 8 and 9 which is carried over from a previous fiscal year and outstanding on September 30th of the next fiscal year shall be paid out within six weeks of the commencement of the first pay period after September 30th, unless carried over by mutual agreement. Such payments shall be made at the employee's rate of pay in effect on March 31st of the fiscal year in which the leave was earned.
10.03 When a payment in cash is being made, the Employer will endeavour to make such payment within six four(4) weeks following the end of the pay period for which the employee requests payment.
10.04 In order to maintain operational requirements, the Employer reserves the right to schedule an employee's leave earned under Articles 8 and 9, but shall make every reasonable effort to provide an employee's leave in an amount and at such time as the employee may request.
10.05 Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.
ARTICLE 11
DESIGNATED PAID HOLIDAYS
Family Day is being addressed as a central issue
The Institute reserves the right to introduce language at later date.
11.01 Subject to clause 11.02, the following days shall be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration
of the Sovereign's birthday,
(e) Canada Day,
(f) Labour Day,
(g) Thanksgiving Day,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one additional day in each year that is recognized to be a provincial or civic holiday in the area in which the employee is employed or in any area where no such day is so recognized, the first Monday in August,
and
(l) one additional day any additional days when proclaimed by an Act of Parliament as a National Holiday.
ARTICLE 12
VACATION LEAVE
Vacation Year
12.01 The vacation year shall be from April 1st to March 31st, inclusive.
Accumulation of Vacation Leave Credits
12.02 An employee shall earn vacation leave credits for each calendar month during which the employee receives pay for at least ten (10) days at the following rate:
(a) fifteen (15) days annually until the month in which the employee’s fourth (4th) anniversary of service occurs;
(b) sixteen (16) days annually until the month in which the employee’s fifth (5th) anniversary of service occurs;
(c) seventeen (17) days annually until the month in which the employee’s sixth (6th) anniversary of service occurs;
(d) eighteen (18) days annually until the month in which the employee’s seventh (7th) anniversary of service occurs;
(e) nineteen (19) days annually until the month in which the employee’s eighth (8th) anniversary of service occurs;
(f) twenty (20) days annually commencing with the month in which the employee’s eighth (8th) anniversary of service occurs;
(g) twenty-one (21) days annually commencing with the month in which the employee’s tenth (10th) anniversary of service occurs;
(h) twenty-two (22) days annually commencing with the month in which the employee’s twelfth (12th) anniversary of service occurs;
(i) twenty-three (23) days annually commencing with the month in which the employee’s fourteenth (14th) anniversary of service occurs;
(j) twenty-four (24) days annually commencing with the month in which the employee’s sixteenth (16th) anniversary of service occurs;
(k) twenty-five (25) days annually commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;
(l) twenty-six (26) days annually commencing with the month in which the employee’s twentieth (20th) anniversary of service occurs;
(m) twenty-seven (27) days annually commencing with the month in which the employee’s twenty-second (22nd) anniversary of service occurs;
(n) twenty-eight (28) days annually commencing with the month in which the employee’s twenty-fourth (24th) anniversary of service occurs;
(o) twenty-nine (29) days annually commencing with the month in which the employee’s twenty-sixth (26th) anniversary of service occurs; and,
(p) thirty (30) days annually commencing with the month in which the employee’s twenty-eight (28th) anniversary of service occurs.
ARTICLE 12
VACATION LEAVE
Provision for Vacation Leave
12.05 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) to provide an employee’s vacation leave in an amount and at such time as the employee may request. Such requests shall not be unreasonably denied. If denied, the reasons shall be provided in writing.
(b) not to recall an employee to duty after the employee has proceeded on vacation leave.
ARTICLE 14
PARENTAL AND FAMILY-RELATED LEAVE/MATERNITY ALLOWANCE
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.
14.03 (e) Compassionate Care Leave
This is being addressed as a central issue
The Institute reserves the right to introduce language at later date.
ARTICLE 14
PARENTAL AND FAMILY-RELATED LEAVE/MATERNITY ALLOWANCE
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.
14.04 (a) For the purpose of this clause, family is defined as:
(i) spouse (or common-law spouse residing with the employee);
(ii) **dependent children (including children of legal or common-law spouse, foster children residing with the employee and ward of the employee);
(iii) parents (including stepparents or foster parents);
(iv) **brother, sister, step-brother, step-sister;
(v) **grandparents and grandchildren of the employee;
(vi) any relative permanently residing in the employee’s household or with whom the employee permanently resides, or
(vii) **any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee.
(b) The total leave with pay which may be granted under sub-clause 14.04(c) shall not exceed five (5) days seventy-five (75) hours in a fiscal year.
(c) The Employer shall grant leave with pay under the following circumstances:
(i) to take a dependent family member for medical or dental appointments or for appointments with school authorities or adoption agencies. A dependent family member is a family member who is incapable of attending the appointment unaccompanied. An employee is expected to make reasonable efforts to schedule appointments to minimize the employee’s absence from work and must notify the supervisor of the appointment as far in advance as possible;
(ii) to provide for the immediate and temporary care of a sick member of the employee’s family and to provide an employee with time to make alternative care arrangements where the illness is of a longer duration;
(iii) for needs directly related to the birth or to the adoption of the employee’s child. This leave may be divided into two (2) periods and granted on separate days;
(iv) to provide for the immediate or temporary care of an elderly family member/child of the employee’s family;
(v) to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
(vi) to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;
(vii) to visit a terminally ill family member;
(viii) seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) seventy-five (75) hours stipulated 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 15
OTHER LEAVE WITH OR WITHOUT PAY
Remove the definition of immediate family and introduce NEW definition of family in Article 2.01, as per above.
Bereavement Leave
15.02 For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild or ward of the employee, grandparent, grandchild, father-in-law, mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently resides.
(a) When a member of the employee's immediate family dies, an employee may be granted a maximum of up to five (5) working days for bereavement in the employee's immediate family. This leave may be divided in two (2) periods and granted on separate days when the day of the funeral and the service occurred at different times. In addition, the employee may be granted up to three (3) working days with pay for the purpose of travel related to the death.
(b) An employee is entitled to up to one (1) day's bereavement leave with pay for purposes related to the death of the employee's son-in-law, daughter-in-law, brother-in-law or sister-in-law.
(c) It is recognized by the parties that the circumstances which call for leave in respect of bereavement vary on an individual basis. On request, the Employer may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clause 15.02(a) and (b) or for persons other than those listed in this clause.
(d) If, during a period of paid leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under clauses (a) and (b) of this article, the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
ARTICLE 15
OTHER LEAVE WITH OR WITHOUT PAY
Other Leave With or Without Pay
(a) leave with pay when circumstances not directly attributable to the employee prevent the employee from reporting for duty.
(b) leave with or without pay for purposes other than those specified in this Agreement.
Such requests shall not be unreasonably denied. If denied, the reasons shall be provided in writing.
ARTICLE 15
OTHER LEAVE WITH OR WITHOUT PAY
NEW Leave for Income Averaging
Requests for Incoming Averaging arrangements shall not be unreasonably denied. If denied, the reasons shall be provided in writing.
ARTICLE 18
CAREER DEVELOPMENT
General
18.01 The parties recognize that, in order to develop, maintain and enhance professional expertise, employees need opportunities from time to time to participate in career development and training activities described in this Article. Having regard to specific corporate needs and operational and budgetary considerations, the The Employer shall provide and endeavour to equitably distribute participation in such opportunities among members of the bargaining unit. Requests for career development and training shall not be unreasonably denied. If denied, the reasons shall be provided in writing.
18.02 An employee is entitled to a personal career and professional development plan which will be jointly developed with the responsible manager, Annually, the manager and the employee shall discuss a the career and professional development plan which may include, without limited limiting the generality of the foregoing: career goals, training needs, professional development needs, activities planned for the coming year and a review of development achievements in the current year. The plan will be reviewed and updated on an annual basis.The employer commits to implementing the plan.
18.03 It is understood that the employer shall consult with the Institute on Career and Professional Development issues are an appropriate topic for at the Labour Management Consultation Committee. The Employer shall compile and provide annual statistics by classification on the requests made under Article 18, including the number of requests, the nature of the requests, the number of approvals and denials and reasons for denials.
ARTICLE 18
CAREER DEVELOPMENT
Professional Development
18.04 (a) An employee shall have the opportunity on occasion to attend courses, training sessions, conferences and seminars, and to participate in training programs which support current and future roles required by the Employer.
(b) An employee on occasion may be granted approval to participate in work exchanges and research projects related to the employee's field of specialization. Such approval shall not be unreasonably denied. If denied, the reasons shall be provided in writing.
(c) An employee participating in activities under this clause will be reimbursed reasonable expenses including program,convention or conference registration fees, tuition and travel expenses, (in accordance with the Employer's Travel Policies). An employee invited to participate in a conference 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 and shall be granted leave with pay for this purpose and may, in addition, be reimbursed for their payment of convention or conference registration fees and reasonable travel expenses.
(d) Where an employee’s participation in a training program requires a significant financial investment on the part of the Employer, the Employer, the employee and the authorized representative of the Institute may enter into an agreement establishing the terms and conditions of the employee's participation including, where deemed necessary, an undertaking on the part of the employee to remain in the service of the Employer for a mutually agreed period of time. Any such agreement will be consistent with the terms of this collective agreement.
(e) An employee shall not be entitled to any compensation under Article 8 (Overtime, Call-Back and Standby) and Article 9 (Travelling Time) in respect of participation in activities under this clause unless such participation was directed by the Employer and not voluntary on the part of the employee.
ARTICLE 18
CAREER DEVELOPMENT
Education Leave
18.05 (a) An employee may be granted education leave without pay for periods up to three (3) four (4) years, to attend a recognized institution for study in some field of education to enable the employee to fill a present or future role related to the needs of the Employer more adequately.
(b) At the sole discretion of the Employer, an employee on educational leave without pay may receive an educational leave allowance in lieu of salary of up to one hundred per cent (100%) of his or her basic salary provided that, where he or she receives a grant, bursary or scholarship, the educational leave allowance shall accordingly be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship. The percentage of this allowance is at the discretion of the Employer and must be agreed to in writing between the Employer and the employee prior to leave being approved.
(c) An allowance already being received by the employee may, at the discretion of the Employer, be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such an allowance is to be continued in whole or in part.
(d) If the employee, except with the permission of the Employer, who:
(i) fails to pass or complete the course,
(ii) does not resume employment with the Employer on completion of the course,
or
(iii) ceases to be employed, except by reason of death or lay-off, before termination of the period the employee has undertaken to serve after completion of the course,
shall repay the Employer all allowances paid under this clause during the education leave, or such lesser sum as shall be determined by the Employer.
ARTICLE 20
USE OF EMPLOYER FACILITIES
20.01 A duly accredited representative of the Institute may be permitted access to the Employer's premises to assist in the resolution of a complaint or grievance or to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer. Representatives granted entry shall follow established security procedures.
20.02 The Institute shall provide the Employer a list of such representatives and shall advise promptly of any change made to the list.
20.03 The Employer shall provide physical bulletin board space for the posting of official Institute notices. Notices or other material shall require prior approval and the Employer shall have the right to refuse the posting of any information that it considers adverse to its interests or the interest of any of its representatives. Such permission shall not be unreasonably withheld. If the employer has not responded to the request within two business days, the request will be deemed to be approved. If denied, the reasons shall be provided in writing.
20.04 In the spirit of developing a good working relationship with the Union, the CNSC agrees to grant authorization to NUREG to hold meetings on its premises with the following provisos:
(a) NUREG is to inform CNSC (Labour Relations) of the reason for any meeting and is to provide Labour Relations with the agenda for the meeting;
(b) Union meetings are to be held during the lunch hour or after working hours;
(c) Booking for meetings are subject to availability of meeting rooms, and the Union acknowledges that operational requirements shall take priority with respect to meeting room availability; and
(d) Management has the right to rescind this privilege at any time.
20.05 In the spirit of developing a good working relationship with the Union, the CNSC agrees to provide NUREG an electronic bulletin board on BORIS with the following provisos:
(a) Electronic mail message, bulletins or other mass communications that are to be posted or mailed internally to all NUREG members shall require approval by the CNSC (Labour Relations) Such permission shall not be unreasonably withheld.If the employer has not responded to the request within two business days, the request will be deemed to be approved. If denied, the reasons shall be provided in writing.
(b) The CNSC will have the right to refuse the posting or internal mass mailing of any information that it considers adverse to its interests or the interest of any of its representatives;
(c) Management has the right to rescind this privilege at any time.
20.06 The Employer will permit storage and placement of a reasonable quantity of
Institute files and literature where space is available as determined by the Employer.
20.07 The Employer shall provide the Union with a confidential, enclosed and secure office space at head office designated solely for the Union.
ARTICLE 21
INFORMATION
21.01 The Employer agrees to provide each bargaining unit employee and all employees hired after the date of signing with a copy of this Agreement. For the purposes of satisfying the Employer’s obligations under this clause, employees may be given electronic access to this Agreement, provided that the Employer advises each employee that the Agreement is available electronically and how it can be accessed.
21.02 The Employer and the Institute agree to equally share in the costs of translating, printing and binding sufficient copies of this Agreement.
21.03 The Employer agrees to supply the Institute on a quarterly basis with an alphabetical list of all employees in the bargaining unit (by business unit and classification) who, during the quarter, have entered the bargaining unit, left the bargaining unit or who commenced leave without pay for a period greater than three (3) months. In the case of an employee temporarily leaving the bargaining unit, the list will so indicate. The list shall also include the home mailing address and home telephone number of the employee in accordance with the Public Service Labour Relations Board decision of July 18, 2008 in Board File No. 561-02-176 (2008 PSLRB 57). The Employer will provide this new information for existing employees within sixty (60) days of the signing of the collective agreement. As soon as practicable, the Employer agrees to add to the above list the date of appointment for new employees. The bargaining agent shall save the Employer harmless in the event any bargaining unit member files a complaint or grievance or asserts a cause of action against the Employer for either the implementation or administration of this provision.
21.04 The Employer agrees to provide the Institute, on a quarterly basis, with a list of all alumni and contractors. The list referred to herein shall include the name, employing department, geographical location, a summary of the duties and responsibilities, employment type, duration and classification of the alumni/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 alumni and contractors.
21.05 The Institute shall be given the opportunity to have an employee representative introduced to all new employees, as part of their orientation, and allow reasonable time to briefly introduce the collective agreement and benefits of union membership.
ARTICLE 22
LEAVE FOR STAFF RELATIONS
22.01 The Employer acknowledges the right of the Institute to elect or appoint Institute Representatives from amongst the members of the bargaining unit to act on behalf of the Institute. The Institute shall inform the Employer promptly and in writing of the names and roles of its Representatives and of any subsequent changes. Requests for Leave under Article 22 shall not be unreasonably denied. If denied, the reasons shall be provided in writing.
The Institute wishes to discuss the re-introduction of the Liberated Seward Agreement, and reserves the right to introduce language at later date.
ARTICLE 22
LEAVE FOR STAFF RELATIONS
22.06 (NEW) Leave granted without pay to an employee under Article 22.03 and 22.05(a) will be provided with pay. The Institute will reimburse the employer for the salary and benefit costs of the employee during the period of approved leave according to the terms established by joint agreement.
ARTICLE 23
RESOLUTION OF PROBLEMS
23.05 Where a grievance relates to an allegation of sexual harassment and the person designated to hear the grievance is the subject of the complaint, the grievance shall be heard by another person, as designated by the Employer.
ARTICLE 24
JOINT CONSULTATION
24.01 The parties acknowledge the mutual benefits to be derived from meaningful joint consultation and will consult on matters of common interest including, wherever possible, contemplated changes in conditions of employment or working conditions not governed by this Agreement.
24.02 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this Agreement.
24.03 Joint Consultation Committees shall be composed of mutually agreeable numbers of employee and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.
24.04 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding classification, job evaluation, staffing, career development, professional development, proposed technological, workspace and operational changes, contracting out and any initiatives impacting employees’ efficiency and effectiveness.
24.05 Consultation with regards to contracting out and use of Alumni 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.
24.06 The Employer shall consult with representatives of the Institute at the appropriate level about contemplated changes in employer policies, conditions of employment or working conditions not governed by this Agreement, as early as possible in the development process and a minimum of sixty (60) days prior to approval.
24.07 I7mployees 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 25
DISCIPLINE
25.01 (a) 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 in writing a minimum of two (2) working days notice of such meeting.
(b) When an employee is suspended from duty or terminated, the Employer shall notify the employee in writing of the reason for such suspension or termination. The Employer shall make every reasonable effort to provide such notification at the time of suspension or termination.
(c) The Employer shall notify the local representative of the Institute in advance of a meeting to suspend or terminate an indeterminate employee.
ARTICLE 26
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES
Performance Assessments
26.01 The parties share the belief that the performance review process is a shared responsibility and consists of discussions between the employee and the employee’s supervisor. The parties agree that the performance review process is a continuous cycle and it helps the employee and the supervisor to work together to establish measurable objectives, monitor progress and assess results. The parties further agree that the supervisor will provide the employee with ongoing written feedback and support mechanisms during the performance period in order to help achieve agreed upon objectives.
26.02 At the beginning of the appraisal period, or immediately following a substantive change to an employee’s role, assignment or responsibilities, the employer will clearly articulate and provide in writing to the employee the required measurable performance objectives used to assess their performance.
26.01 26.03 The Employer will provide a verbal written performance assessment on an annual basis, and may at its discretion provide such assessment in a written format.
26.02 26.04 When a written assessment of an employee's performance is made, the employee shall be provided with a copy and shall be given an opportunity to sign the assessment form to indicate that its contents have been read. The employee's signature shall not be interpreted as concurrence with the statements contained on the form.
26.03 26.05 When an employee disagrees with a written assessment of the employee's work, the employee shall have the right to provide written counterarguments which shall be attached to the appraisal placed on the employee's personnel file.
26.06 Where the Employer identifies a performance related requirement for training, such as an employee’s annual performance evaluation, written performance objectives, work plan or performance improvement plan, that employee shall be entitled to training required to ensure they can meet that objective. The Employer shall provide the employee with the training necessary to meet the performance requirements and the training will be considered employer requested. All hours on training shall be deemed hours worked.
26.07 Where such training is not available, the employee will not be evaluated on those performance related requirements that required training.
26.08 The employee will have the right to representation during the creation of a performance improvement plan as a result of their performance review.
Employee Files
26.04 26.09 Upon written request of an employee, the personnel files of that employee shall be made available for examination in the presence of an authorized representative of the Employer. Upon written request, the employee shall be provided a complete copy of the personnel files, including any electronic or written record relating to the employee.
26.05 26.10 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 an opportunity to sign the report in question to indicate that its contents have been read.
26.06 26.11 Upon request, an employee shall be entitled to a current and complete work description of the employee’s position including the position’s classification level and point rating and an organization chart depicting the position’s place in the organization.
ARTICLE 28
TECHNOLOGICAL CHANGE
The Institute proposes to replace the provisions of this Article as follows:
28.01 The parties will consult as far as possible in advance of the introduction of technological change in order to find ways and means of maximizing the benefits of these changes on operations and minimizing any adverse effects on employees which might result from such changes. Consultation will occur at a Joint Consultation Committee (see Article 24) or through such other means as may be agreed to by the Institute and the Employer.
28.02 When as a result of technological change, an employee is required to attain new skills or knowledge in order to perform duties required by the Employer, the Employer will make every reasonable effort to provide the necessary training during the employee’s working hours.
28.01 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 concluded by the parties will apply. In all other cases, the following clauses will apply:
28.02 In this article “Technological Change” means:
a. the introduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of employees or
b. a major change in the Employer’s operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the employees
28.03 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 such as systems, software, hardware, which will result in significant changes to working conditions of employees, are to be implemented, the Employer will seek ways and means, including through consultation with the Institute, of minimizing adverse effects on employees which might result from such changes. In the event of a technological change, both parties recognize the advantages of the expert advice of the employees working directly in their respective fields, and acknowledge that this expert advice can be sought through joint consultation as outlined in Article 24.
28.04 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.
28.05 The written notice provided for in clause 28.04 will provide the following information:
a. the nature and degree of change
b. the anticipated date or dates on which the Employer plans to effect change
c. the location or locations involved
28.06 As soon as reasonably practicable after notice is given under clause 28.04, the Employer shall consult with the Institute concerning the effects of the technological change referred to in clause 28.04 on each group of employees. Such consultation will include but not necessarily be limited to the following:
a. the approximate number, class and location of employees likely to be affected by the change
b. the effect the change may be expected to have on working conditions or terms and conditions of employment on employees
28.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of the employee’s substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee’s working hours and at no cost to the employee.
ARTICLE 29
PART-TIME EMPLOYEES
General
29.01 Part-time employees shall be entitled to the benefits provided under this Agreement proportional to their normal scheduled weekly hours of work compared with the normal weekly hours of work of full-time employees, unless otherwise specified in this Agreement.
Hours of Work and Overtime
29.02 Part-time employees shall be paid on a straight time hourly rate basis for all normal scheduled weekly hours work performed up to thirty-seven and one-half (37 ½) hours in a week.
29. 03 The days of rest provisions of this Agreement apply only in a week when a part-time employee has worked five (5) days and a minimum of thirty-seven and one-half (37 ½) hours in the week.
29.04 “Overtime” means work required by the Employer;
ARTICLE 29
PART-TIME EMPLOYEES
The Institute proposes to amend this provision to adjust the premium commensurate with the addition of paid holidays proposed in Article 11.
Designated Holidays
29.06 A part-time employee shall not be paid for the designated holidays but shall, instead be paid a premium of four decimal two five per cent (4.25%) for all straight-time hours worked during the period of part-time employment.
29.07 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday in Article 11 of this Agreement, the employee shall be paid time and one-half (1 ½) the hourly rate of pay for all hours worked on the holiday.
ARTICLE 31
PUBLICATIONS AND AUTHORSHIP
31.06 Scientific Integrity (NEW)
Employees shall have the right to express themselves on science, their own area of expertise, their research and regulatory decisions, without being designated as an official media spokesperson.
ARTICLE 32
REGISTRATION FEES
ARTICLE 33
PAY ADMINISTRATION
Pay Administration is being addressed as a central issue
The Institute reserves the right to introduce language at later date.
ARTICLE 33
PAY ADMINISTRATION
Acting Pay
33.03 (a) When an employee is required by the Employer to substantially perform any of the duties of a higher classification level on an acting basis for at least five (5) three (3) consecutive working days, 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.
(b) When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.
ARTICLE 35
CONTRACTING OUT
35.01 The Employer will continue its past practice in giving all reasonable consideration to continued service at the CNSC of employees who would otherwise become redundant because work is contracted out.
35.02 There shall be no layoffs or staff reductions as a result of contracting out of the duties that are normally and regularly performed by employees in the bargaining unit.
35.03 No work shall be contracted out as long as there are available employees capable of performing the work, or doing so after minimal training.
35.04 Where there is an ongoing work requirement for which there are not available employees capable of performing the work, contracting out shall be limited to a fixed term, agreed to by the Employer and the Institute, to enable the Employer to develop or recruit indeterminate employees to perform the available work.
ARTICLE 36
DURATION
Duration is being addressed as a central issue
The Institute reserves the right to introduce language at later date.
36.01 The duration of this Agreement shall be from April 1, 2014 to March 31, 2018.
36.02 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date on which this Agreement is signed.
NEW ARTICLE
OFFICE SPACE
General Principle
x.x The Employer shall provide employees with facilities and services which are necessary for the efficient discharge of their responsibilities of employment and appropriate to the professional nature of the work undertaken. These include reasonable office space/work stations for the tasks and nature of work to be performed, required library and computing services and facilities, reasonable secretarial and technical services, teaching and research assistance, laboratory space and facilities, secure storage and accessibility of documents and reasonable office space, telephone, and other support facilities. Reasonable office space shall constitute fully enclosed, private, and individual offices in cases where, due to the nature of the employee’s work, an open office would diminish productivity. Where a significant portion of an employee’s work involves conducting or supervising work in a laboratory or other common space, proximity of their office location to said space will be considered.
Consultation
x.x In order to determine reasonable space, the employer will undertake meaningful consultation prior to changes with representatives of the union. This may involve various mechanisms used to determine office space needs of employees in the space to be occupied, but at a minimum will include a survey of the needs of the staff affected, the results of which will be shared with the Institute and a discussion with the Institute where both parties identify needs of the staff.
x.x In addition consultation shall address the following issues:
a) Ergonomic requirements and accessibility of the workplace;
b) Accessibility of the workplace including gender neutral toilets;
c) Accommodations for medical reasons, disabilities and allergies;
d) Ratio of quiet rooms / workspace population;
e) Number of enclosed offices required;
f) Number and type of collaborative spaces required;
g) Storage space for equipment and documents;
h) Requirement for assigned workplaces;
i) Noise measurement, monitoring and mitigation measures;
j) Telework options and policies;
k) Storage space for personal effects;
l) Space for Institute representatives to meet with members privately (including over the phone), and to store Institute documents securely;
m) Tools provided for managers/employees to identify their daily work location;
n) Stand up desks;
o) Proximity to printers, lab space and other required equipment and work materials;
p) Number and location of water fountains;
q) Appropriate break and lunch facilities.
x.x Management shall provide design plans to the Union in advance of implementation demonstrating where input from consultation has been incorporated and justifying reasons when it has not been implemented.
Request for Exception
x.x Where plans are not consistent with PSPC requirements the department will submit a request for exception in accordance with GC Workplace requirements. This request will be copied to the President of PIPSC.
Monitoring
x.x The employer shall establish an ongoing monitoring program and share information obtained with the Union. The employer shall consult on the indicators used to measure impact in advance of the start of monitoring, and establish an appropriate baseline for data. In addition, complaints on open office will be tracked. All monitoring data will be shared with the Union.
NEW ARTICLE
CNSC POLICIES
xx.xx (NEW) The following directives, policies and programs form part of this Collective Agreement:
xx.xx Grievances in regard to the above policies shall be filed in accordance with Article 23 on grievance procedure in this Collective Agreement.
xx.xx The parties agree that the above-listed policies may be modified only through the collective bargaining process.
APPENDIX 1
SALARY GRIDS
General Economic Increase is being addressed as a central issue
The Institute reserves the right to introduce proposals at later date.
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.
APPENDIX 2
MATERNITY AND/OR PARENTAL LEAVE WITHOUT PAY
Maternity and Parental Leave is being addressed as a central issue
The Institute reserves the right to introduce proposals at later date.
APPENDIX 3
MATERNITY AND/OR PARENTAL ALLOWANCE
Maternity and Parental Leave and Benefits are being addressed as a central issue
The Institute reserves the right to introduce proposals at later date.
All MOA’s to be renewed subject to amendments contained below.
MEMORANDUM OF AGREEMENT #1
BANKED TIME
The Institute has proposed amendments to Article 7, Hours of Work, to combine and amend the provisions of this Article with MOA #1.
During the course of negotiation, the Institute proposed a new procedure for the generation of banked time. The parties agreed that the Institute's proposal would be implemented on a trial basis.
Accordingly, notwithstanding Articles 7.05 to 7.08, the following procedure regarding banked time will be applicable for the duration of this collective agreement:
2. Banked-time credits shall be based on fifteen (15) minutes increments. An employee's maximum number of banked credits at any one time may not exceed thirty-seven and one half (37 ½) hours. Banked time cannot be carried over into subsequent calendar years and shall not be converted to payment in cash at any time.
3. (a) Upon application by the employee, banked-time credits may be taken as leave with pay, subject to operational requirements. The leave may be taken on a casual basis or on a pre-arranged schedule. Such requests shall not be unreasonably denied. If denied, the reasons shall be provided in writing.
(b) An employee shall be required to accumulate sufficient banked-time credits to account for a period of leave prior to taking such leave.
(c) An employee who qualifies for another form of leave with pay may substitute such leave for banked-time leave, to a maximum of thirty-seven and one half (37 ½) hours per calendar year.
This Memorandum of Agreement expires on March 31, 2018 20__.
MEMORANDUM OF AGREEMENT #3
WORKFORCE ADJUSTMENT
The Institute proposes to incorporate the PIPSC Workforce Adjustment Agreement in the Collective Agreement.
MEMORANDUM OF AGREEMENT #4
HOURS OF WORK
The Institute has proposed a new clause 8.14, which would replace paragraph 5, below.
MEMORANDUM OF AGREEMENT #5
IMPLEMENTATION OF RETROACTIVE PAYMENTS
Pay Administration is being addressed as a central issue
The Institute reserves the right to introduce language at later date.
Whereas the parties are aware that the new pay system, Phoenix has recently been implemented:
and
Whereas both NUREG and CNSC are seeking to provide NUREG members with an accurate pay cheque after ratification of the collective agreement;
Therefore NUREG agrees without prejudice to allow an implementation period of one hundred and twenty (120) The provisions of this Collective Agreement shall be implemented by the parties within a period ofninety (90) days from the signing of the Collective Agreement which comes into effect April 1, 2014 2018.
MEMORANDUM OF AGREEMENT #6
ON SUPPORTING EMPLOYEE WELLNESS
The Institute reserves the right to introduce language at later date.
MEMORANDUM OF AGREEMENT #7
VACATION LEAVE IN EXCESS OF ALLOWABLE CARRY-OVER PAY-OUTS
This Memorandum of Agreement is to give effect to the Understanding reached between the Canadian Nuclear Safety Commission and the Professional Institute of the Public Service of Canada regarding the automatic pay-out of vacation leave in excess of an employee’s carry-over entitlements.
The parties agree that for the fiscal year-end at March 31st, 2017 duration of this collective agreement, employees who have vacation leave entitlements in excess of their carry-over entitlement (as per article 12.07(a)) will not have that excess vacation leave paid out automatically.
Employees may still have this leave paid out upon their request and subject to the same provisions of article 12.07(a).
Vacation leave in excess of the allowable carry-over can be used by the employee.
, however all leave in excess of the existing maximum carry-over will be paid out as of March 31, 2018, and at the appropriate rate for which it was earned.
MEMORANDUM OF AGREEMENT #8
TERMINABLE ALLOWANCE
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.
The Institute proposes a new Memorandum of Agreement (MOA) to address concerns with respect to job descriptions and classification.
NEW
MEMORANDUM OF AGREEMENT #X
JOB DESCRIPTION AND
CLASSIFICATION MATTERS
This memorandum is to give effect to the agreement reached between the Employer and the Professional Institute of the Public Service of Canada in respect of employees in the NUREG bargaining unit.
The Employer recognizes the relevance and concerns that the Institute has in terms of generic job descriptions, internal relativity between classification standards and job families.
The Employer is committed to engaging in meaningful consultation with the Institute with respect to utilizing the Agency Classification Standard to evaluate the work performed by the employees in the occupational groups currently covered by the NUREG bargaining unit. A working group will be established by the parties to review classification issues and potential opportunities for improvement no later than sixty (60) days following the signing of the tentative this agreement.
The working group will provide regular updates to both the Employer and the Institute to facilitate discussions at the Labour Management Consultation Committee (LMCC). The matter will be a standing item on future scheduled LMCC meetings.
SIGNED AT OTTAWA, this ____ day of the month of _____________, 201_.
The Institute proposes a new Memorandum of Agreement (MOA) to address Scientific Integrity.
NEW
MEMORANDUM OF AGREEMENT #X
SCIENTIFIC INTEGRITY
The purpose of this MOA is to establish a framework for the joint development of Scientific Integrity policies and guidelines in a regulatory environment between the Professional Institute of the Public Service of Canada (PIPSC) and the Canadian Nuclear Safety Commission (CNSC).
The parties to this MOA recognize that scientific integrity constitutes an integral part of the organization’s and the 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 the CNSC’s regulatory activities.
The Canadian Nuclear Safety Commission 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 CNSC Values and Ethics Code. As part of the implementation, the Employer will communicate directly with employees 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 CNSC Values and Ethics Code.
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 organization 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:
The CNSC is 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.
CNSC shall report annually at the Labour Management Consultation Committee (LMCC) on the progress toward implementing this MOA and organizational policies.
SIGNED AT OTTAWA, this ____ day of the month of _____________, 201_.