May 30, 2019
EMPLOYER COMPREHENSIVE OFFER TO SETTLE OUTSTANDING
COLLECTIVE BARGAINING ISSUES
WITH THE
PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
AND
THE TREASURY BOARD SECRETARIAT OF CANADA
IN RESPECT OF THE
ARCHITECTURE, ENGINEERING AND LAND SURVEY (NR) GROUP
The Employer proposes this comprehensive offer to settle, contingent upon agreeing to the following items:
1. Increases to the rate of pay, as identified in Annex A.
2. Duration – four (4) year agreement, expiring on September 30, 2022.
3. Amendments to the following, as identified in Annex B:
4. All items agreed to and signed at the PIPSC Central Table remain agreed to and form part of this comprehensive offer:
5. All items agreed to and signed during the course of negotiations for the NR group form part of this comprehensive offer, unless otherwise specified:
Appendix A
Rates of Pay
The Employer proposes to implement the following increases to rates of pay in accordance with Appendix “XX” – Memorandum of Understanding between the Treasury Board of Canada and the Professional Institute of the Public Service of Canada with Respect to Implementation of the Collective Agreement.
Amounts in respect of the period prior to the implementation date will be paid as a retroactive payment, in accordance with Appendix “XX” – Memorandum of Understanding between the Treasury Board of Canada and the Professional Institute of the Public Service of Canada with Respect to Implementation of the Collective Agreement.
Effective October 1, 2018
Provide a Wage Adjustment of 0.8% for all employees in the NR group.
Effective October 1, 2019
Provide a Wage Adjustment of 0.2% for all employees in the NR group.
ARTICLE 2
INTERPRETATION AND DEFINITIONS
2.01 For the purpose of this agreement:
“overtime”
means work required by or authorized by the Employer, to be performed by the employee in excess of the employee’s daily hours of work («heures supplémentaires»);
ARTICLE 9
OVERTIME
9.01 When an employee is required by or authorized by the Employer to work overtime, the employee shall be compensated as follows:
a. on the employee’s normal work day, at the rate of time and one-half(11/2) for the first seven decimal five (7.5)hours of overtime worked and at the rate of double (2)time for all hours of overtime in any contiguous period in excess of the first seven decimal five (7.5)hours;
b. on the employee’s first day of rest, at the rate of time and one-half(11/2) for the first seven decimal five (7.5)hours of overtime worked and at the double (2)time rate for each contiguous hour thereafter;
c. on the employee’s second or subsequent day of rest,
i. at the basis of double (2)time for each hour of overtime worked. Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;
ii. notwithstanding paragraph(b) and subparagraph(c)(i) above, if, in an unbroken series of consecutive and contiguous calendar days of rest, the Employer permits the employee to work the required overtime on a day of rest requested by the employee, then the compensation shall be at time and one-half(11/2) for the first day worked.
9.06 Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and the concurrence of the employee, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on December 31.
ARTICLE 10
CALL-BACK
10.01 When an employee is called back to work or when an employee who is on stand-by duty is called back to work by the Employer any time outside his normal working hours he shall be entitled to the greater of:
a. a minimum of three (3)hours’ pay at the applicable overtime rate, for each call-back to a maximum of eight (8)hours’ pay in an eight (8)hour period,
or
b. compensation at the applicable overtime rate for each hour worked.
provided that the period worked by the employee is not contiguous to the employee’s normal hours of work.
10.02 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:
a. compensation at the applicable overtime rate for any time worked,
or
b. compensation equivalent to one (1) two (2) 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.
10.0 2 3 Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and the concurrence of the employee, compensation earned under this article may be taken in the form of compensatory leave, which will be calculated at the applicable premium rate laid down in this article. Compensatory leave earned in a fiscal year and outstanding on December 31 of the next following fiscal year shall be paid at the employee’s hourly rate of pay on December 31.
Renumber accordingly.
ARTICLE 11
STANDBY
11.06 At the Employer’s discretion, Upon application by the employee and at the discretion of the Employer, or at the request of the Employer and the concurrence of the employee, compensation for standby may be given by granting equivalent time off in lieu of a payment. If such time off cannot be granted within the quarter in which it is earned then the payment will be made.
ARTICLE 13
TRAVELLING TIME
13.01 When the Employer requires an employee to travel outside the employee’s headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:
a. on a normal working day on which the employee travels but does not work, the employee shall receive the employee’s regular pay for the day;
b. on a normal working day on which the employee travels and works, the employee shall be paid:
i. the employee’s regular pay for the day for a combined period of travel and work not exceeding seven decimal five (7.5)hours,
and
ii. at the applicable overtime rate for additional travel time in excess of a seven decimal five (7.5)hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12)fifteen (15) hours pay at the straight-time rate in any day, or fifteen (15)hours pay at the straight-time rate when travelling beyond North America;
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 of twelve (12) fifteen (15) hours pay at the straight-time rate, or fifteen (15)hours pay at the straight-time rate when travelling beyond North America.
13.09 Travel status leave
a. 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 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 an additional seven decimal five (7.5)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.
b. 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.
c. This leave with pay is deemed to be compensatory leave and is subject to Clause9.06.
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars, unless the employee is required to attend by the Employer.
ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY
17.02 Bereavement leave with pay
For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, step-brother, step-sister, spouse (including common-law partner resident with the employee), 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, and any relative permanently residing in the employee’s household or with whom the employee permanently resides., or, subject to paragraph 17.02 f) below, a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
a. When a member of the immediate family dies, an employee:
i. shall be entitled to bereavement leave with pay. Such bereavement leave, as determined by the employee, must include the day of the memorial commemorating the deceased or must begin within two (2)days following the death. During such period, the employee shall be paid for those days which are not regularly scheduled days of rest for that employee;
ii. in addition, the employee may be granted up to three (3)days’ leave with pay for the purpose of travel related to the death.
b. At the request of the employee, such bereavement leave with pay may be taken in a single period of seven (7)consecutive calendar days or may be taken in two (2) periods to a maximum of five (5) working days.
i. When requested to be taken in two (2) periods: the first period must include the day of the memorial commemorating the deceased or must begin within two (2)days following the death,
and
ii. the second period must be taken no later than twelve (12)months from the date of death for the purpose of attending a ceremony.
iii. The employee may be granted no more than three (3)days’ leave with pay, in total, for the purposes of travel for these two (2)periods.
c. An employee is entitled to up to one (1)day’s bereavement leave with pay for the purpose related to the death of the employee’s son-in-law, daughter-in-law, brother-in-law, sister-in-law or grandparent of spouse.
d. It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of a department or their delegate may, after considering the particular circumstances involved, grant leave with pay for a period greater or in a manner other than that provided for in subparagraph17.02(a)(i) and paragraph17.02 (d).
e. If, during a period of paid leave, an employee is bereaved in circumstances under which the employee would have been eligible for bereavement leave with pay under this clause, the employee shall be granted bereavement leave with pay and the employee’s paid leave credits shall be restored to the extent of any concurrent bereavement leave granted.
f. An employee shall be entitled to bereavement leave with pay for a person who stands in the place of a relative for the employee whether or not there is a degree of consanguinity between such person and the employee only once in their career in the federal public administration.
17.09 Leave without pay for the care of immediate family
Subject to operational requirements, an employee shall be granted leave without pay for the care of immediate family in accordance with the following conditions:
a. For the purpose of this clause, immediate family is defined as spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner) parents (including stepparents or foster parent) or any relative permanently residing in the employee’s household or with whom the employee permanently resides family is defined as father, mother (including stepfather, stepmother or foster parent), brother, sister, step-brother, step-sister, spouse (including common-law partner resident with the employee), 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, any relative permanently residing in the employee’s household or with whom the employee permanently resides and a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee ;
17.12 Leave with pay for family-related responsibilities
a. For the purpose of this clause, family is defined as:
i. spouse (or common-law partner resident with the employee),
ii. children (including children of legal or common-law partner or step-children and ward of the employee),
iii. parents (including step-parents or foster parents), father-in-law, mother-in-law,
iv. brother, sister, step-brother, step-sister,
v. grandparents 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, or
viii. a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
b. The total leave with pay which may be granted under this clause shall not exceed thirty-seven decimal five (37.5)hours in a fiscal year.
c. The Employer shall grant leave with pay under the following circumstances:
i. an employee is expected to make every reasonable effort to schedule medical or dental appointments for family members to minimize or preclude the employee’s absence from work; however, when alternate arrangements are not possible an employee shall be granted leave with pay for a medical or dental appointment when the family member is incapable of attending the appointment without accompaniment, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify the employee’s supervisor of the appointment as far in advance as possible;
ii. to provide for the immediate and temporary care of a sick or elderly member of the employee’s family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
iii. leave with pay for needs directly related to the birth or to the adoption of the employee’s child;
iv. to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
v. to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;
vi. seven decimal five (7.5)hours out of the thirty-seven decimal five (37.5)hours stipulated in paragraph17.12(b) 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.
17.17 Volunteer leave
Effective on April1, 2018, Clause 17.17, Volunteer leave, is deleted from the collective agreement.
a. 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 or two periods of up to three decimal seven five (3.75)hours each of leave with pay to work as a volunteer for a charitable or community organisation or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.
b. The leave will be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.
Renumber accordingly.
17.2019 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 the employee reporting for duty.
b. Personal leave
i. 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 or two (2)periods of up to three decimal seven five (3.75)hours each of leave with pay for reasons of a personal nature.
ii. The leave will be scheduled at a time convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the employee may request.
Effective on April1, 2018, Clause17.20 b) is amended to reflect the following:
b. Personal leave
i. 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 seven five (3.75)hours each.
ii. 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.
ARTICLE 22
DIVING ALLOWANCE
22.01 Employees whose job duties require them to dive (as that word is hereinafter defined) shall be paid an extra allowance of twenty-five dollars ($25) fifteen dollars ($15)per hour. The minimum allowance shall be two (2)hours per dive.
22.02 A dive is the total of any period or periods of time during any eight (8)hour period in which an employee carries out required underwater work with the aid of a self-contained air supply.
ARTICLE 31
LEAVE FOR LABOUR RELATIONS MATTERS
31.04 Federal Public Sector Labour Relations and Employment Board Essential Services Hearing, Arbitration board, Public Interest Commission and alternative dispute resolution process
Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Essential Services Hearing, Arbitration Board, Public Interest Commission or an Alternative Dispute Resolution Process.
ARTICLE 38
STANDARDS OF DISCIPLINE
38.04 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 provided that no further disciplinary action has been recorded during this period. This period will automatically be extended by the length of any single period of leave without pay in excess of six (6)months.
Article 44
no discrimination
44.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised 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, disability, family status, marital status, genetic characteristics, conviction for which a pardon has been granted or membership or activity in the Institute.
NEW Article 47
PROFESSIONAL INTEGRITY
57.01 The parties recognize that providing objective, evidence-based, non-partisan analysis and advice is fundamental to the values and ethics of the public service, as reflected in the Values and Ethics Code for the Public Sector. No employee shall be expected to act in a manner that is inconsistent with the principle of providing objective, evidence-based, non-partisan analysis and advice.
APPENDIX C
MEMORANDUM OF AGREEMENT: SEA TRIALS
Employees in the Engineering and Land Survey Group employed by the Department of National Defence engaged in Sea Trials under the following conditions will be remunerated in accordance with the terms below:
1.
a. When an employee is scheduled to proceed to sea beyond the harbour limits aboard a Naval Vessel, Submarine, Auxiliary Vessel or Yardcraft for the purpose of conducting trials, repairing defects on the embarked vessel or dumping ammunition, the employee shall be paid for all hours actually worked, at the applicable rate of pay, that is, at straight time for the employee’s daily hours of work and at the appropriate overtime rate for additional hours,
or
for all hours aboard, up to a maximum of fifteen(15), at straight-time,
whichever is greater.
b. In addition, an employee shall receive a submarine trials allowance equal to twenty-five percent(25%) of the employee’s basic hourly rate for each completed one-half (1/2)hour the employee is required to be in a submarine.
2.
a. When an employee is required to be in a submarine when it is in a closed down condition either alongside a jetty or within a harbour, on the surface or submerged; that is, when the pressure hull is sealed and undergoing trials, such as vacuum tests, high pressure tests, snort trials, battery ventilation trials or other recognized formal trials, or the submarine is rigged for diving, the employee shall be compensated for all hours aboard at the applicable rate of pay for all hours’ worked and at the straight-time rate for all unworked hours.
b. In addition, an employee shall receive a submarine trial allowance in accordance with paragraph1(b).
3. Upon the request of an employee and with the approval of the Employer, the employee may be compensated in equivalent leave with pay.
4. Compensatory leave is to be granted at the convenience of the employee where operational requirements permit.
5. Certain provisions of the collective agreement for which an employee normally may be eligible are inapplicable if the employee is in receipt of remuneration in accordance with the provisions set out in this Memorandum. The articles which do not have application to employees covered by this Memorandum are:
NEW APPENDIX “XX”
MEMORANDUM OF UNDERSTANDING BETWEEN THE TREASURY BOARD OF CANADA AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA WITH RESPECT TO OFFICE SPACE
This memorandum is to give effect to the agreement reached between the Treasury Board and the Professional Institute of the Public Service of Canada (the Institute).
Both parties share the objective of ensuring that employees have effective facilities and services necessary to carry out their work and which are appropriate to the nature of the work being undertaken.
Public Services and Procurement Canada agrees to consult with representatives of the Architecture, Engineering and Land Survey (NR) Group on the GC workplace initiative. This does not replace consultation obligations under Article 37: Joint Consultation of this Agreement.
The consultation will include the following elements:
The parties agree that this MOU does not create any entitlements or commitments beyond consultations.
This MOU will expire on September 30, 2022.