TENTATIVE AGREEMENT

BETWEEN THE

PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

(The Institute)

AND

CANADIAN NUCLEAR SAFETY COMISSION

(The Employer)

IN RESPECT OF THE NUCLEAR REGULATORY (NUREG) GROUP:

1. Representatives of the Canadian Nuclear Safety Commission and the Professional Institute of the Public Service of Canada have reached a tentative agreement on May 31, 2019, for the renewal of the collective agreement for Nuclear Regulatory (NUREG) group bargaining unit.

2. The Canadian Nuclear Safety Commission representatives agree to recommend that authority be granted in support of this settlement. The Professional Institute of the Public Service of Canada bargaining committee supports this tentative agreement and agrees to recommend ratification to its membership of the terms of settlement as set out below.

3. The following articles and Memorandums of Agreement have been negotiated between the parties and are to be incorporated into the NUREG collective agreement:

• Housekeeping Changes – Legislation
• Article 6 – No Discrimination
• Article 7 – Hours of Work
• Article 8 – Overtime, Call-Back and Standby
• Article 9 – Travelling Time
• Article 11 – Designated Paid Holidays
• Article 14 – Parental & Family Related Leave / Maternity Allowance
• Article 15 – Other Leave With or Without Pay
• Article 18 – Career Development and Training
• Article 23 – Resolution of problems
• Article 25 – Discipline
• Article 29 – Part-time employees
• Article 31 – Publications & Authorship
• Article 32 – Registration Fees
• Article 33 – Pay Administration
• Article 36 – Duration
• Appendix 1 – Salary Grids
• Appendix 2 – Maternity and/or Parental Leave without Pay
• Appendix 3 – Maternity and/or Parental Allowance
• MOA #1 – Banked Time
• MOA # 4 – Hours of Work
• MOA # 5 – with Respect to Implementation of the Collective Agreement
• MOA # 6 – with Respect to Supporting Employee Wellness
• MOA # 9 (NEW) – with Respect to Gender Inclusive Language
• MOA # 10 (NEW) – with Respect to Workplace Harassment
• MOA #11 (NEW) – with Respect to Scientific Integrity
• MOA # 12 (NEW) – with Respect to Leave for Union Business – Cost Recovery

4. The parties agree to fully implement the Maternity Allowance, Parental Leave without pay and Parental Allowance amendments agreed to at the PIPSC Central Table, with the necessary amendments to Article 14, Appendix 2 and Appendix 3.

5. Unless otherwise expressly stipulated, the provisions become effective on the date of signing of the collective agreement.

6. Unless otherwise agreed between the parties in this tentative agreement, existing provisions, appendices and Memorandums of Agreement in the collective agreement are renewed.

7. The parties agree to delete existing MOA # 9 – Retroactivity Pay During Restructuring.

8. The confidentiality requirements from the PIPSC Central Table tentative agreement apply.

Housekeeping Changes - Legislation

Replace all references to Public Service Labour Relations Act with Federal Public Sector Labour Relations Act.

ARTICLE 6

NO DISCRIMINATION

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.

ARTICLE 7

HOURS OF WORK

General

7.01 (a) The normal work seek 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. 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 between the hours of 06:00 and 18:00, subject to operational requirements.

The normal work week shall be Monday to Friday inclusive.

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 telework arrangement shall be agreed and recorded in writing by the Employer and the employee. The alternate work telework arrangement shall be consistent with the terms of this Agreement.

ARTICLE 8

OVERTIME, CALL-BACK AND STANDBY

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 $12.00 $10.50, 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 $12.00 $10.50, 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, CALL-BACK AND STANDBY

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 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) fifteen (15) hours pay in any day, calculated at the straight-time rate in any day.

(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) fifteen (15) 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 11

DESIGNATED PAID HOLIDAYS

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 when proclaimed by an Act of Parliament as a National Holiday.

For greater certainty, employees who do not work on a Designated Paid Holiday are entitled to seven decimal five (7.5) hours pay at the straight-time rate.

ARTICLE 14

PARENTAL AND FAMILY-RELATED LEAVE/MATERNITY ALLOWANCE

Leave Without Pay for Care and Nurturing

14.03 Subject to operational requirements, an employee shall be granted leave without pay for the care and nurturing of the employee’s pre-school age children; or the long term care of an ill or aged parent or a disabled child or other family permanently residing in the employee’s household or with whom the employee permanently resides, or 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 in accordance with the following conditions:

ARTICLE 14

PARENTAL AND FAMILY-RELATED LEAVE/MATERNITY ALLOWANCE

14.03 (e) Compassionate Care Leave

(i) Notwithstanding the definition of “family” found in clause 14.04(a) and notwithstanding paragraphs 14.03(b) and (c) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave= for periods of less than three weeks while in receipt of or awaiting these benefits.

(ii) Leave granted under this clause may exceed the five (5) year maximum provided in paragraph (c) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.

(iii) When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.

(iv) When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits has been denied, paragraphs (i) and (ii) above cease to apply.

14.03(e) Caregiving Leave

(i) An employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) benefits for Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults may be granted leave without pay while in receipt of or awaiting these benefits.

(ii) The leave without pay described in 14.03(e)(i) shall not exceed twenty-six (26) weeks for Compassionate Care Benefits, thirty-five (35) weeks for Family Caregiver Benefits for Children and fifteen (15) weeks for Family Caregiver Benefits for Adults, in addition to any applicable waiting period.

(iii) When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been accepted.

(iv) When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been denied, clause 14.03(e)(i) above ceases to apply.

(v) Leave granted under this clause shall count for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

ARTICLE 14

PARENTAL AND FAMILY-RELATED LEAVE/MATERNITY ALLOWANCE

Leave With Pay for Family-Related Responsibilities

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; 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.

ARTICLE 14

PARENTAL AND FAMILY-RELATED LEAVE/MATERNITY ALLOWANCE

14.06 Domestic Violence Leave

For the purposes of this article domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from someone with whom the employee has or had an intimate relationship.

a. The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.

b. Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence from someone with whom the employee has or had an intimate relationship shall be granted domestic violence leave in order to enable the employee, in respect of such violence:

i. to seek care and/or support for themselves or their dependent child in respect of a physical or psychological injury or disability;

ii. to obtain services from an organization which provides services for individuals who are subject to domestic violence;

iii. to obtain professional counselling;

iv. to relocate temporarily or permanently; or

v. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.

c. The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) hours in a fiscal year.

d. The Employer may, in writing and no later than fifteen (15) days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

e. Notwithstanding clauses 14.06(b) to 14.06(c), an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

ARTICLE 15

OTHER LEAVE WITH OR WITHOUT PAY

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 or, subject to paragraph 15.02(e) 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 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.

(e) 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 during the employee’s total period of employment in the public service.

ARTICLE 18

CAREER DEVELOPMENT AND TRAINING

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.

ARTICLE 23

RESOLUTION OF PROBLEMS

23.05 Where a grievance relates to an allegation of sexual harassment a complaint 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 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 as soon as possible that such suspension or termination has occurred.

ARTICLE 29

PART-TIME EMPLOYEES

Hours of Work and Overtime

29.04 “Overtime” means work required by the Employer;

a. in excess of the normal weekly hours of a full-time employee. in excess of seven and one-half (7 ½) hours on a regularly scheduled workday, and

b. on a day of rest.

ARTICLE 31

PUBLICATIONS AND AUTHORSHIP

31.06 Scientific Integrity

Employees shall have the right to express themselves on science and their research, while respecting the Values and Ethics Code for the Canadian Nuclear Safety Commission without being designated as an official media spokesperson.

ARTICLE 32

REGISTRATION FEES

32.01 The Employer may shall reimburse an employee for their payment of membership or registration fees to an organization or governing body when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee’s position.

ARTICLE 33

PAY ADMINISTRATION

The Employer proposes to implement the following economic increases to rates of pay in accordance with Memorandum of Agreement #5 – 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 Memorandum of Agreement #5 – with Respect to Implementation of the Collective Agreement.

Subsequently, amounts will be provided as increases to rates of pay.

ECONOMIC INCREASE

Effective April 1, 2018 –2% economic increase to all levels and steps.

Effective April 1, 2019 - 2% economic increase to all levels and steps.

Effective April 1, 2020 - 1.5% economic increase to all levels and steps.

Effective April 1, 2021 - 1.5% economic increase to all levels and steps.

WAGE ADJUSTMENT

Effective April 1, 2018, wage adjustment of 0.8% applicable to all levels and steps.

Effective April 1, 2019, wage adjustment of 0.2% applicable to all levels and steps.

ARTICLE 36

DURATION

36.01 The duration of this Agreement shall be from April 1, 2014 2018 to March 31, 2018 2022.

APPENDIX 1 – SALARY GRIDS

April 1, 2018 (2% economic increase)

April 1, 2018 (0.8% wage adjustment)

April 1, 2019 (2% economic increase)

April 1, 2019 (0.2% wage adjustment)

April 1, 2020 (1.5% economic increase)

April 1, 2021 (1.5% economic increase)

APPENDIX 2 & APPENDIX 3

The parties agree to strike out the above appendices and adopt full Annex A (ARTICLE 17 – MATERNITY AND PARENTAL LEAVE WITHOUT PAY – CHANGES USING SP GROUP PROVISIONS (TO BE REPLICATED IN THE OTHER PIPSC COLLECTIVE AGREEMENT)) with editorial changes to reflect the CNSC NUREG Article and numbering convention.

MEMORANDUM OF AGREEMENT #1

BANKED TIME

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.

MEMORANDUM OF AGREEMENT #4

HOURS OF WORK

1. Notwithstanding clause 7.01(a) the Employer may vary the normal weekly and daily hours of work to meet operational needs. In these circumstances, the Employer will make every reasonable effort to notify the employee in writing of the change to working hours at least seven (7) days in advance.

2. An employee whose hours are changed to extend before or beyond 07:00 06:00 and 18:00, and has not received at least seven (7) calendar days’ advance notice of a change in the employee’s hours of work, the employee will receive compensation at the rate of one and one-half (1 ½) time for work performed for the first seven decimal five (7.5) hours of the changed schedule. Subsequent days with altered hours of work shall be paid for at straight time and every effort shall be made by the Employer to ensure that the normal scheduled days of rest are maintained.

3. An employee working hours that were changed to extend before or beyond 07:00 06:00 and 18:00 will receive a premium of two dollars ($2) per hour for each hour worked, including overtime hours, between 18:00 and 07:00 06:00. Such premium shall not form part of the basic wage rate or be used in calculating overtime pay. Where the hours of work have been changed, there shall be a two dollar ($2) premium for each hour worked on Saturday and Sunday exclusive of overtime hours worked.

MEMORANDUM OF AGREEMENT #5

WITH RESPECT TO IMPLEMENTATION OF THE COLLECTIVE AGREEMENT

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) days from the signing of the Collective Agreement which comes into effect April 1, 2014.

Notwithstanding the provisions of clause 33.08 on the calculation of retroactive payments, this memorandum is to give effect to the understanding reached between the Employer and the Professional Institute of the Public Service of Canada regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.

1. Calculation of retroactive payments

a. Retroactive calculations that determine amounts payable to employees for a retroactive period shall be made based on all transactions that have been entered into the pay system up to the date on which the historical salary records for the retroactive period are retrieved for the calculation of the retroactive payment.

b. Retroactive amounts will be calculated by applying the relevant percentage increases indicated in the collective agreement rather than based on pay tables in agreement annexes. The value of the retroactive payment will differ from that calculated using the traditional approach, as no rounding will be applied. The payment of retroactive amount will not affect pension entitlements or contributions relative to previous methods, except in respect of the rounding differences.

c. Elements of salary traditionally included in the calculation of retroactivity will continue to be included in the retroactive payment calculation and administration, and will maintain their pensionable status as applicable. The elements of salary included in the historical salary records and therefore included in the calculation of retroactivity include:

• Substantive salary
• Promotions
• Deployments
• Acting pay
• Extra duty pay/Overtime
• Additional hours worked
• Maternity leave allowance
• Parental leave allowance
• Vacation leave and extra duty pay cash-out
• Severance pay
• Salary for the month of death
• Transition Support Measure
• Eligible allowances and supplemental salary depending on collective agreement

d. The payment of retroactive amounts related to transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved, such as acting pay, promotions, overtime and/or deployments, will not be considered in determining whether an agreement has been implemented.

e. Any outstanding pay transactions will be processed once they are entered into the pay system and any retroactive payment from the collective agreement will be issued to impacted employees.

2. Implementation

a. The effective dates for economic increases will be specified in the agreement. Other provisions of the collective agreement will be effective as follows:

i. All components of the agreement unrelated to pay administration will come into force on signature of agreement.

ii. Changes to existing compensation elements and new compensation elements such as premiums, allowances, insurance premiums and coverage and changes to overtime rates will become effective within one-hundred and eighty (180) days after signature of agreement, on the date at which prospective elements of compensation increases will be implemented under 2(b)(i).

iii. Payment of premiums, allowances, insurance premiums and coverage and overtime rates in the collective agreement will continue to be paid until changes come in to force as stipulated in 2(a)(ii).

b. Collective agreement will be implemented over the following timeframes:

i. The prospective elements of compensation increases (such as prospective salary rate changes and other compensation elements such as premiums, allowances, changes to overtime rates) will be implemented within one-hundred and eighty (180) days after signature of agreement where there is no need for manual intervention.

ii. Retroactive amounts payable to employees will be implemented within one-hundred and eighty (180) days after signature of the agreement where there is no need for manual intervention.

iii. Prospective compensation increases and retroactive amounts that require manual processing by compensation advisors will be implemented within five-hundred and sixty (560) days after signature of agreement. Manual intervention is generally required for employees on an extended period of leave without pay (e.g., maternity/parental leave), salary protected employees and those with transactions such as leave with income averaging, pre-retirement transition leave and employees paid below minimum, above maximum or in between steps. Manual intervention may also be required for specific accounts with complex salary history.

3. Employee Recourse

a. An employee who is in the bargaining unit for all or part of the period between the first day of the collective agreement (i.e., the day after the expiry of the previous collective agreement) and the signature date of the collective agreement will be entitled to a non-pensionable amount of four hundred dollars ($400) payable within one-hundred and eighty (180) days of signature, in recognition of extended implementation timeframes and the significant number of transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved.

b. Employees in the bargaining unit for whom the collective agreement is not implemented within one-hundred and eighty one (181) days after signature will be entitled to a fifty dollar ($50) non-pensionable amount; these employees will be entitled to an additional fifty dollar ($50) non-pensionable amount for every subsequent complete period of ninety (90) days their collective agreement is not implemented, to a total maximum of nine (9) payments. These amounts will be included in their final retroactive payment. For greater certainty, the total maximum amount payable under this paragraph is four hundred and fifty dollars ($450).

c. If an employee is eligible for compensation in respect of section 3 under more than one collective agreement, the following applies: the employee shall receive only one non-pensionable amount of four hundred dollars ($400); for any period under 3(b), the employee may receive one fifty $50 payment, to a maximum total payment of four hundred and fifty dollars ($450).

d. Should the Treasury Board of Canada negotiate higher amounts for 3(a) or 3(b) with any other bargaining agent representing Core Public Administration employees, the Canadian Nuclear Safety Commission will compensate Professional Institute of the Public Service of Canada – Nuclear Regulatory Group members for the difference in an administratively feasible manner.

e. Late implementation of the 2018 collective agreements will not create any entitlements pursuant to the Agreement between the CPA Bargaining Agents and the Canadian Nuclear Safety Commission with regard to damages caused by the Phoenix Pay System.

f. Employees for whom collective agreement implementation requires manual intervention will be notified of the delay within one-hundred and eighty (180) days after signature of the agreement.

g. Employees will be provided a detailed breakdown of the retroactive payments received and may request that the departmental compensation unit or the Public Service Pay Centre verify the calculation of their retroactive payments, where they believe these amounts are incorrect. The Employer will consult with the Institute regarding the format of the detailed breakdown.

h. In such a circumstance, for employees in organizations serviced by the Pay Centre, they must first complete a Phoenix feedback form indicating what period they believe is missing from their pay.

MEMORANDUM OF AGREEMENT #6

WITH RESPECT TO SUPPORTING EMPLOYEE WELLNESS

The parties recognize that this agreement is conditional upon the conclusion of a renewed Memorandum of Agreement (MOA) on Supporting Employee Wellness between Treasury Board and the Professional Institute of the Public Service of Canada.

Upon signature of a revised MOA, the parties agree to take the necessary steps to implement applicable changes that will result once an agreement is reached on the Employee Wellness Support Program (EWSP).

The parties agree to continue the current practice of working collaboratively to address concerns with respect to employee wellness and the reintegration of employees into the workforce after periods of leave due to illness or injury.

MEMORANDUM OF AGREEMENT # 9

WITH RESPECT TO GENDER INCLUSIVE LANGUAGE

This memorandum is to give effect to the agreement reached between the Canadian Nuclear Safety Commission and the Professional Institute of the Public Service of Canada regarding the review of language in the NUREG collective agreement.

Both parties are committed to and support gender neutrality and inclusivity. To that end, the parties commit to, during the life of the above noted collective agreements, establishing a Joint Committee to review the collective agreements to identify opportunities to render the language more gender inclusive. The parties agree that any changes in language will not result in changes in application, scope or value.

Both parties acknowledge that gender inclusivity is more difficult to achieve in the French language compared to the English language, but are committed nonetheless to further supporting and increasing gender neutrality and inclusivity in the collective agreement.

The Joint Committee agrees to begin their work in 2020 and will endeavour to finalize the review by December 2021. These timelines may be extended by mutual agreement.

MEMORANDUM OF AGREEMENT # 10

WITH RESPECT TO WORKPLACE HARASSMENT

This memorandum is to give effect to the agreement reached between the Canadian Nuclear Safety Commission and the Professional Institute of the Public Service of Canada (the Institute).

Both parties share the objective of creating healthy work environments that are free from harassment and violence. In the context of the passage of Bill C-65 An Act to amend the Canada Labour Code by the Government of Canada, as well as the Clerk of the Privy Council’s initiative to take action to eliminate workplace harassment, the Canadian Nuclear Safety Commission is developing a new policy covering both harassment and violence situations.

During this process, the Canadian Nuclear Safety Commission will consult with representatives of the Nuclear Regulatory (NUREG) Group bargaining unit on the following:

• mechanisms to guide and support employees through the harassment resolution process;
• redress for the detrimental impacts on an employee resulting from an incident of harassment; and
• ensuring that employees can report harassment without fear of reprisal.

Should the Institute request, the Employer would, in addition to the NUREG consultation, agree to bilateral discussions with the Institute.

The implementation and application of this policy do not fall within the purview of this MOU or the collective agreement.

This memorandum expires upon issuance of the new policy or March 31, 2022, whichever comes first.

MEMORANDUM OF AGREEMENT #11

WITH RESPECT TO SCIENTIFIC INTEGRITY

The purpose of this MOA is to maintain 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 has developed and continues to maintain its own Scientific Integrity policies and procedures in consultation with PIPSC Representatives in their respective workplace. Such policies address the principles/guidelines outlined above, including the right to speak publicly identified in the collective agreement.

CNSC shall report annually at the Labour Management Consultation Committee (LMCC) on the progress toward maintaining this MOA and organizational policies.

MEMORANDUM OF AGREEMENT # 12

WITH RESPECT TO LEAVE FOR UNION BUSINESS – COST RECOVERY

This Memorandum of Agreement (MOA) is to give effect to an agreement reached between the Canadian Nuclear Safety Commission (CNSC) and the Professional Institute of the Public Service of Canada (the Institute) to implement a system of cost recovery for leave for union business.

The parties agree to this MOA as a direct result of current Phoenix pay system implementation concerns related to the administration of leave without pay for union business.

Leave granted to an employee under the following clauses of the NUREG collective agreement:

• 22.03 (b), 22.03 (c), and 22.03 (d)

will be with pay for a total cumulative maximum of three (3) months per fiscal year.

It is agreed that leave with pay granted under the above-noted clauses for union business will be paid for by the Employer pursuant to this MOA, effective upon its signature.

The Institute shall then reimburse the Employer for the total salary paid, including allowances if applicable, for each person-day, in addition to which shall also be paid to the Employer by the Institute an amount equal to six percent (6%) of the total salary paid for each person-day, which sum represents the Employer’s contribution for the benefits the employee acquired at work during the period of approved leave with pay pursuant to this MOA.

Leave with pay in excess of the total cumulative maximum period of three (3) months per fiscal year may be granted under the above noted clauses in reasonably limited circumstances. Where leave with pay is extended under such circumstances, the Institute shall reimburse the Employer for the total salary paid, including applicable allowances, for each person-day, plus an amount equal to thirteen decimal three percent (13.3%) of the total salary paid for the period exceeding three (3) months.

Under no circumstances will leave with pay under the above noted clause be granted for any single consecutive period exceeding three (3) months, or for cumulative periods exceeding six (6) months in a twelve (12) month period.

This MOA does not alter the approval threshold for union leave. Should an employee be denied extended leave with pay exceeding three (3) cumulative months or a single consecutive three (3) month period within a fiscal year and the employee’s union leave is otherwise approved pursuant to the relevant clauses at article 22, they shall take the leave as leave without pay.

On a bi-monthly basis, and within 120 days of the end of the relevant period of leave, the CNSC will invoice the Institute for the amount owed to them by virtue of this understanding. The amount of the gross salaries and the number of days of leave taken for each employee will be included in the statement.

The Institute agrees to reimburse the CSNC for the invoice within sixty (60) days of the date of the invoice.

This Memorandum of Agreement expires on March 31, 2022 or upon implementation of the Next Generation HR and Pay system, whichever comes first, unless otherwise agreed by the parties.

SIGNED AT OTTAWA THIS ____ DAY OF ____________, 2019

Canadian Nuclear Safety

Commission

Professional Institute of the Public Service of Canada