EMPLOYER COMPREHENSIVE OFFER TO SETTLE OUTSTANDING
COLLECTIVE BARGAINING ISSUES WITH
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
AND
THE TREASURY BOARD OF CANADA
IN RESPECT OF THE HEALTH SERVICES (SH) GROUP
The Employer proposes this comprehensive offer to settle, contingent upon agreeing to the following items:
1. All items agreed to and signed at the Professional Institute of the Public Service of Canada (PIPSC) Central Table form part of this offer:
2. SH-Specific improvements to rates of pay, as identified at Annex A:
3. SH-Specific amendments to the following provisions, as identified at Annex B:
4. All items agreed to and signed during the course of negotiations form part of this offer, unless otherwise specified:
5. Unless otherwise expressly stipulated, the provisions in accordance with the Memorandum of agreement with respect to implementation of the collective agreement.
6. The Employer and the PIPSC agree to withdraw all other outstanding items.
7. Unless otherwise specified, existing provisions and appendices in the collective agreements are renewed.
Annex A
APPENDIX A
ANNUAL RATES OF PAY AND PAY NOTES
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.
Wage Adjustments and Lump-sum payment
Dentistry (DE)
Effective October 1, 2018 – wage adjustment to rates of pay: 1.75%
Nutrition and Dietetics (ND)
Effective October 1, 2018 – wage adjustment to rates of pay: 1.75%
Nursing (NU)
Employees who are in the Nursing Group and working in British Columbia and remote locations on the signature date of the collective agreement will be entitled to a non-pensionable amount of: $1,200
Pharmacy (PH)
Effective October 1, 2018 – wage adjustment to rates of pay: 1.75%
Psychology (PS)
Effective October 1, 2018 – wage adjustment to rates of pay: 2.00%
Social Work (SW)
Effective October 1, 2018 – wage adjustment to rates of pay: 2.00%
Veterinary Medicine (VM)
Effective October 1, 2018 – wage adjustment to rates of pay: 1.75%
Nursing (NU) and Occupational and Physical Therapy (OP)
Advance the effective date for 0.75% of the October 1, 2020 economic increase and 0.75% of the October 1, 2021 economic increase to October 1, 2018.
APPENDIX A
ANNUAL RATES OF PAY AND PAY NOTES
Restructure for the SW: Social Work Group annual rates of pay (in dollars)
Table Legend
$) Effective October 1, 2013
A) Effective October 1, 2014
B) Effective October 1, 2015
C) Effective October 1, 2016
$) Effective October 1, 2017
X) Effective according to the dates determined by clause 2 a) (ii) of the memorandum of Understanding on Collective Agreement Implementation
Sub-Group: Social Welfare
SW-SCW-4: annual rates of pay (in dollars)
|
Effective date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
|
$) October 1, 2013 |
69284 |
71792 |
74290 |
76797 |
79313 |
81813 |
|
A) October 1, 2014 |
70150 |
72689 |
75219 |
77757 |
80304 |
82836 |
|
B) October 1, 2015 |
71027 |
73598 |
76159 |
78729 |
81308 |
83871 |
|
C) October 1, 2016 |
71915 |
74518 |
77111 |
79713 |
82324 |
84919 |
|
A) October 1, 2017 |
72814 |
75449 |
78075 |
80709 |
83353 |
85980 |
|
B) October 1, 2018 |
78075 |
80709 |
83353 |
85980 |
88886 |
91891 |
APPENDIX “A”
OP: OCCUPATIONAL AND PHYSICAL THERAPY GROUP ANNUAL RATES OF PAY (IN DOLLARS)
Implementation of Restructure Zone 1 as the national rates of pay for the Occupational and Physical Therapy (OP) group
As of October 1, 2018, delete the following Occupational and Physical Therapy (OP) pay tables:
Effective according to the dates determined by clause 2 a) (ii) of the Memorandum of Understanding on Collective Agreement Implementation, the following tables become the Occupational and Physical Therapy group annual rates of pay:
Agreed – 2019-05-28
APPENDIX “A-1”
NU: NURSING GROUP COMBINED ANNUAL RATES OF PAY FOR HOSPITAL AND COMMUNITY HEALTH NURSING (HOS AND CHN) (IN DOLLARS)
Implementation of Restructure Zone 2 as the national rates of pay for the Nursing (NU) group
(Hospital and Community Health Nursing (HOS and CHN) and Health Canada NU-CHN in remote and isolated communities (CWIS Type 1 and 2)).
As of October 1, 2018, delete the following pay tables:
Effective according to the dates determined by clause 2 a) (ii) of the Memorandum of Understanding on Collective Agreement Implementation, the following pay tables become the Nursing Group annual rates of pay for Hospital and Community Health Nursing (HOS and CHN) and Health Canada NU-CHN in remote and isolated communities (CWIS Type 1 and 2) (i.e. NU-EMA maintains distinct rates of pay):
Agreed – 2019-05-28
APPENDIX “U”
MEMORANDUM OF UNDERSTANDING BETWEEN IN RESPECT OF THE HEALTH SERVICES BARGAINING UNIT: NURSE PRACTITIONER ALLOWANCE FOR HEALTH SERVICES GROUP
1. In an effort to recognize the advanced practice role of Nurse Practitioner and to resolve retention and recruitment problems, the Employer will provide an allowance to all employees who perform the clinical duties of Nurse Practitioner, currently classified at the NU-CHN-4 or NU-HOS-4, NU-CHN-5 or NU-HOS-5, NU-CHN-6 or NU-HOS-6, NU-CHN-7 or
NU-HOS-7, NU-CHN-8 or NU-HOS-8, in the Health Services Group.
2. The parties agree that employees who perform the duties of positions identified above shall be eligible to receive an allowance in the following amounts and subject to the following conditions:
a. Effective according to the dates determined by clause 2a)(ii) of the Memorandum of Understanding on Collective Agreement Implementation, NU employees who perform the duties of the positions identified above shall be eligible to receive an allowance to be paid biweekly;
b. The employee shall receive the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix “A” of the collective agreement. This daily amount is equivalent to the annual amount set out below for each position and level divided by two hundred and sixty decimal eight eight (260.88);
Nurse practitioner allowance
|
Classification |
Annual amount |
Daily amount |
|
NU-CHN-4 or NU-HOS-4 |
$18,000 |
$69.00 |
|
NU-CHN-5 or NU-HOS-5 |
$15,000 |
$57.50 |
|
NU-CHN-6 or NU-HOS-6 |
$13,000 |
$49.83 |
|
NU-CHN-7 or NU-HOS-7, and NU-CHN-8 or NU-HOS-8 |
$11,000 |
$42.16 |
c. The Allowance specified above does not form part of an employee’s salary.
d. The Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this agreement.
3. A part-time employee shall be paid the daily amount shown above divided by seven decimal five (7.5) for each hour paid at his hourly rate of pay pursuant to clause 39.03.
4. As long as he meets the provisions of this appendix, an employee may not receive the allowance under Appendix “G”: expanded professional role allowance, and/or Appendix “H”: nurse in-charge allowance for Health Canada Nurses.
5. As long as he meets the provisions of all relevant appendixes, an employee may receive:
a. This allowance and that of Appendix “E”: recruitment allowance.
or
b. This allowance and that of Appendix “F”: retention allowance.
6. An employee shall not be entitled to the Allowance for periods he is on leave without pay or under suspension.
7. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject to consultation.
Annex B
ADMINISTRATIVE CHANGES
Replace all references to “Health Canada (HC)” with references to “Indigenous Services Canada”, in the context of “First Nations and Inuit Health (FNIH)” and “NU-CHN in remote and isolated communities”.
Agreed – 2019-05-29
ARTICLE 8
HOURS OF WORK AND SHIFT WORK
8.02 Hours of work: general
The scheduled/normal workweek shall be thirty-seven decimal five (37.5) hours and the scheduled workday shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 6:00 am and 6:00 pm.
ARTICLE 10
CALL-BACK
10.01 This clause does not apply to DE and MD groups
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 the employee shall be entitled to the greater of:
a. a minimum of three (3) hours’ pay at the applicable overtime,
or
b. compensation at the applicable overtime rate for each hour worked.
10.02 An employee who receives a call to duty or responds to a telephone or data line call while on stand-by duty, 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 two (2) hours’ 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.
For greater clarity, this clause does not apply to employees of Indigenous Services Canada in the NU Group at Nursing Stations, Health Centres and Health Stations.
10.023 This clause applies to the NU Group only
With respect to employees of Health Canada Indigenous Services Canada in the NU Group at Nursing Stations, Health Centres and Health Stations, when there is no on-duty supervision, call-back calculated in accordance with 10.01 will be paid once in each three (3) hour period.
10.034 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 30 September of the next following fiscal year shall be paid at the employee’s hourly rate of pay on 30 September.
10.05 When an employee is called back to work under the conditions described in clause 10.01 and is required to use transportation services other than normal public transportation services the employee shall be reimbursed for reasonable expenses incurred as follows:
a. the kilometric rate normally paid by the Employer where the employee travels by means of their own automobile;
or
b. out-of-pocket expense for other means of commercial transportation.
10.0405 When a payment is being made as a result of the application of this article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment, or, if payment is required to liquidate compensatory leave outstanding at the expiry of the fiscal year, the Employer will endeavour to make such payment within six (6) weeks of the commencement of the first (1st) pay period after 30 September of the next following fiscal year.
(Renumber accordingly.)
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), grandchild, grandparent, stepchild, foster child or ward of the employee, father-in-law, mother-in-law, son-in-law, daughter-in-law, and any other relative permanently residing in the employee’s household or with whom the employee permanently resides, or, subject to paragraph 17.02 h) 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:
i. shall be entitled to a single bereavement period of seven (7) consecutive calendar days. Such bereavement period, 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;
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.
c. When requested to be taken in two (2) periods,
i. 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.
d. 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.
be. 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.
cf. 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 subparagraph 17.02(a) (i) and (b).
dg. If, during a period of sick leave or vacation 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 sick leave or vacation leave credits shall be restored to the extent of any concurrent bereavement leave granted.
h. 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.
Agreed – 2019-05-29
ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY
17.09 Leave without pay for the care of immediate family
Subject to operational requirements, an employee shall be granted leave without pay for family-related needs in accordance with the following conditions:
a. For the purpose of this clause, immediate family is defined as any relative permanently residing in the employee’s household or with whom the employee permanently resides, and the employee’s spouse (or common-law partner resident with the employee), children (including foster children or children of spouse or common-law partner) grandchildren, or parents (including stepparents or foster parent), 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.
[ ... ]
Agreed – 2019-05-29
ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY
17.12 Leave with pay for family-related responsibilities
a. For the purpose of this clause, family is defined as any relative permanently residing in the employee’s household or with whom the employee permanently resides, and the employee’s spouse (or common-law partner resident with the employee), children (including foster children and children of legal or common-law partner) parents (including stepparents or foster parents), father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandchild, or grandparents of the employee, 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.
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 his absence from work; however, when alternate arrangements are not possible an employee shall be granted leave for a medical or dental appointment when the family member is incapable of attending the appointment by himself or herself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify his supervisor of the appointment as far in advance as possible;
ii. leave with pay 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. leave with pay to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
v. leave with pay 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 paragraph 17.12(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.
[ ... ]
Agreed – 2019-05-29
ARTICLE 28
INFORMATION
28.02 The Employer agrees to supply each employee with a copy of the collective agreement and any amendments thereto. For the purpose of satisfying the Employer’s obligation under this clause, employees may be given electronic access to the collective agreement. Where electronic access to the agreement is unavailable or impractical, or upon request, the employee shall be supplied upon request with a printed copy of the agreement.
Agreed – 2019-05-28
ARTICLE 37
STANDARDS OF DISCIPLINE
37.08 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken 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.
Agreed – 2019-05-29
ARTICLE 44
CORRECTIONAL SERVICE SPECIFIC DUTY ALLOWANCE
The following allowance replaces the former Penological Factor Allowance (PFA). The parties agree that only those incumbents of positions deemed eligible and/or receiving the PFA as of signing of this collective agreement, shall receive the new Correctional Service Specific Duty Allowance (CSSDA), subject to the criteria outlined below.
44.01 The CSSDA shall be payable to incumbents of specific positions in the bargaining unit which are in Correctional Services Canada (CSC). The Allowance provides additional compensation to an incumbent of a position who performs certain duties or responsibilities specific to CSC (that is, custody of inmates, excluding those duties that may be performed by employees occupying CX positions the regular supervision of offenders, or the support of programs related to the conditional release of those offenders) within penitentiaries or community parole offices as defined in the Corrections and Conditional Release Act, and/or CSC Commissioner Directives.
44.02 The CSSDA shall be two thousand dollars ($2,000) annually and paid on a by-weekly basis in any pay period for which the employee is expected to perform said duties of the specific position in a month. The value of the CSSDA shall be two thousand dollars ($2,000) annually. Except as prescribed in clause 44.03 below, this allowance shall be paid on a biweekly basis for any month in which an employee performs the duties for a minimum period of ten (10) days in a position to which the CSSDA applies.
44.03 When the incumbent of a position to which the CSSDA applies, is temporarily assigned or acting in a position to which no CSSDA applies, the employee shall continue to receive the CSSDA applicable to his substantive position. However, if Where the employee’s basic monthly pay entitlement (including any applicable allowances) in the position to which he or she is temporarily acting or assigned is less than his or her monthly pay entitlement, plus the CSSDA, if applicable, is less than his or her monthly pay entitlement plus the CSSDA in his or her substantive position, the employee shall retain the CSSDA applicable to his or her substantive position for the duration of that temporary period, the employee shall receive the CSSDA applicable to his or her substantive position.
44.04 An employee will be entitled to receive the CSSDA, in accordance with 44.021:
a. during any period of paid leave up to a maximum of sixty (60) consecutive calendar days;
or
b. during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.
44.05 The CSSDA shall not form part of an employee’s salary except for the purposes of the following benefit plans:
APPENDIX “Z”
MEMORANDUM OF AGREEMENT IN RESPECT OF A JOINT COMMITTEE FOR NURSING STATION SECURITY
The Employer and the Institute recognize the importance of maintaining a healthy and safe working environment within remote and isolated communities. The Employer is committed to working with the Institute to ensure that the health and safety of all Indigenous Services Canada - First Nations and Inuit Health Branch (ISC-FNIHB) nurses of the Health Services (SH) bargaining unit working at northern in remote and isolated (as per the National Joint Council’s Isolated Post and Government Housing Directive) nursing stations and ISC-FNIHB nurses working in hospitals are protected.
The parties to this collective agreement acknowledge the mutual benefits to be derived from consultation on Security for FNIHB nurses. To this effect the parties agree that such consultation will be held at the departmental level through the existing Joint Consultation Committee on Nursing Station Security, previously established though the 2017 Memorandum of Agreement between the Employer and the Institute.
The parties agree to the following:
a. The Departmental Consultation Committee shall be composed of mutually agreeable numbers of members of the SH bargaining unit and Employer representatives who shall meet at mutually satisfactory times on a quarterly basis, or as required. The committee meetings shall normally be held on the Employer’s premises and/or teleconference during working hours.
b. The Employer recognizes the use of this committee for the purpose of identifying, assessing and recommending resolutions of the issues related to the security of nurses working in remote and isolated communities and FNIHB nurses working in hospitals.
c. The committee shall report on the progress and make recommendations to the Senior Assistant Deputy Minister, First Nations and Inuit Health Branch of Indigenous Services Canada.
a. This memorandum applies to nurses of the Health Services (SH) bargaining unit working in communities identified as isolated posts in Appendix “A” of the National Joint Council’s Isolated Post and Government Housing Directive.
b. A joint committee composed of representatives of Health Canada and the SH bargaining unit will be created no later than January 30, 2017. The committee shall meet within 30 days after ratification of the agreement, and on a quarterly basis, or as required.
c. The first meeting of the joint committee will be to establish the Terms of Reference of this committee.
d. The objective of the committee shall be to identify, assess and recommend resolution of the issues related to the security of nurses working in remote and isolated communities.
e. Reporting on the progress and presenting the recommendations will be made to the Senior Assistant Deputy Minister, First Nations and Inuit Health Branch of Health Canada official.
This memorandum will take effect on July 6, 2017, for a twelve (12) month period.
With the agreement of both parties, it the Terms of Reference of this Committee may be reviewed and modified as needed.
APPENDIX “XX”
LETTER OF UNDERSTANDING CONCERNING A STUDY ON COMPENSATION COMPARABILITY AND OTHER TERMS AND CONDTIONS
This letter is to give effect to the understanding reached between the Employer and the Professional Institute of the Public Service of Canada in negotiations for the renewal of the Health Services Collective Agreement.
Accordingly, the parties agree, during the life of the Agreement, to conduct compensation studies for the Psychologist and Nurse Practitioner groups, and to examine other terms and conditions that may influence the recruitment and retention of these occupations. The parties may identify other occupations for similar studies by mutual agreement.
The parties further agree to meet within one hundred and fifty (150) days of the signing date of this Agreement to establish a working group to determine the scope and the terms of reference of the study.
If the parties cannot agree to the scope, terms of reference or statement of work outlining methodological elements or other features of the study, either party retains the ability to unilaterally remove itself from participation in the working group and the study itself.
The parties agree that, except by mutual agreement, no part of the study or its results shall be disclosed during negotiations or within a third-party dispute resolution process.
SIGNED AT OTTAWA, this 30 day of the month of May, 2019.
This tentative settlement is agreed to and signed at Ottawa, this 30th day of the month of May 2019.
|
For the Professional Institute of the Public Service of Canada |
For the Treasury Board of Canada Secretariat: |
|
Jean-Paul Leduc, Negotiator |
Luc Presseau, Negotiator |
|
Ivette Suarez, Labour Relations Associate |
Daniel Daoust, Analyst |
|
Ginette Tardiff |
LCol Brandy McKenna |
|
Adam Fenwick |
Sheila Lacroix |
|
Donald Moisan |
Geoff Anderton |
|
Peter Rodrigues |
Josh Bowen |
|
Richard J. Smith |
Jennifer Morse |
|
Eric Massey |
Jennifer Pennock |
|
Bruno Gagnon |
Bonnie Beach |
|
Ian Shaw |
Stéphane Chartrand |
|
Colin Muise |
Donna Davis |
Employer Comprehensive Offer
May 30, 2019