May 25, 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 APPLIED SCIENCE AND PATENT EXAMINATION (SP) GROUP:
The Employer proposes this comprehensive offer to settle, contingent upon agreeing to the following items:
1. Wage adjustments, 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 forms part of this comprehensive offer:
5. The Employer and the Professional Institute of the Public Service of Canada agree to withdraw all remaining items not modified by mutual agreement.
6. All items agreed to and signed during the course of negotiations remain agreed to and forms part of this comprehensive offer.
7. Unless otherwise expressly stipulated, the provisions become effective on the date of signing of the collective agreement.
8. Unless otherwise agreed between the parties during negotiations, existing provisions and appendices in the collective agreements are renewed.
9. The parties recognize that this agreement is conditional upon concluding agreements in other fora on the following matters:
10. The confidentiality requirements from the PIPSC Central Table tentative agreement apply.
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 ADJUSTMENT
Effective October 1, 2018, wage adjustment of 0.8% applicable to all groups and levels.
Effective October 1, 2019, wage adjustment of 0.2% applicable to all groups and levels.
ARTICLE 2
INTERPRETATION AND DEFINITIONS
"hourly rate of pay" / "straight-time"
means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5) ( « taux de rémunération horaire » / « taux ordinaire » « heure normale » « tarif normal » .
With respect to the above the parties will address inconsistencies in the language used in the redaction of the next collective agreement.
ARTICLE 8
HOURS OF WORK
Days of rest
8.04
a. An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.
b. For greater certainty, where an employee is required to work on a day of rest the provisions of Article 9: Overtime shall apply.
Shift work
8.09
a. An employee shall be granted at least two (2) consecutive and continuous days of rest during any eight (8) calendar day period commencing on a day of work, unless operational requirements do not permit.
A period of twenty-four (24) hours or less between shifts or within a shift cycle shall not be considered a day of rest.
b. For greater certainty, where an employee is required to work on a day of rest the provisions of Article 9: Overtime shall apply.
8.19
b. An MT shift work employee whose hours of work are scheduled between 11 pm 2300 and 7 am 0700 will be paid, in addition to the shift premium outlined in 8.19 (a), an additional premium of one dollars dollar fifty cents ($1.50) for all hours worked between 11 pm 2300 and 7 am 0700.
ARTICLE 12
DESIGNATED PAID HOLIDAY
Compensation for work on a paid holiday
12.10 When an employee works on a holiday, the employee shall receive compensation on the basis of:
a. one and one half (1 1/2) times the straight-time hourly rate for the first (1st) shift worked by the employee on the holiday and at the rate of double (2) time thereafter;
b. double (2) time for all hours worked on a holiday which is also the employee's scheduled day of rest; and,
c. upon application by the employee and at the discretion of the Employer, 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 September 30 of the next following fiscal year shall be paid at the employee's daily rate of pay on September 30.
ARTICLE 13
TRAVELLING TIME
13.01 When the Employer requires an employee to travel outside his 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 he travels but does not work, the employee shall receive his regular pay for the day.
b. On a normal working day on which he travels and works, the employee shall be paid:
i. his 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) hours period of work and travel, with a maximum payment for such additional travel time not to exceed fifteen (15) twelve (12) 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 fifteen (15) twelve (12) 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 twenty (20) forty (40) 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 paragraph 9.06.
The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.
ARTICLE 15
VACATION LEAVE
Accumulation of vacation leave credits
15.02 An employee shall earn vacation leave credits for each calendar month during which the employee receives pay for at least seventy-five (75) hours at the following rate:
a. nine decimal three seven five (9.375) hours until the month in which the employee's eighth (8th) anniversary of service occurs;
b. twelve decimal five (12.5) hours commencing with the month in which the employee's eighth (8th) anniversary of service occurs;
c. thirteen decimal seven five (13.75) hours commencing with the month in which his the employee's sixteenth (16th) anniversary of service occurs;
d. fourteen decimal three seven five (14.375) hours commencing with the month in which the employee's seventeenth (17th) anniversary of service occurs;
e. fifteen decimal six two five (15.625) hours commencing with the month in which the employee's eighteenth (18th) anniversary of service occurs;
f. sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
g. eighteen decimal seven five (18.75) hours per month commencing with the month in which the employee's twenty-eighth (28th) anniversary of service occurs;
ARTICLE 17.02
BEREAVEMENT LEAVE WITH 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, step-brother, sister, step-sister, 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 and 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 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 for that employee;
ii. in addition, the employee may be granted up to three (3) days' leave with pay, contiguous to the leave period provided in (a)(i) above, 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.
e. b. 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 or sister-in-law and grandparent of spouse.
f. c. 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 paragraph 17.02(be).
g. d. 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.
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.
ARTICLE 17.09
LEAVE WITHOUT PAY FOR THE CARE OF IMMEDIATE FAMILY
b. For the purpose of this article, immediate family is defined as spouse (or common-law partner), children (including foster children or children of spouse or common-law partner), grandchildren, parents (including step-parents or foster parents), or any relative 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.
ARTICLE 17.12
LEAVE WITH PAY FOR FAMILY-RELATED RESPONSIBILITIES
17.12 Leave with pay for family-related responsibilities
a. For the purpose of this clause, family is defined as spouse (or common-law partner), children (including children of legal or common-law partner, foster children and ward of the employee), parents (including step-parents or foster parents), father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents of the employee, grandchild, any relative permanently residing in the employee's household or with whom the employee permanently resides, or any relative for whom the employee has a duty of care, irrespective of whether they reside with 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.
[...]
v. to provide for the employee's child in the case of an unforeseeable closure of the school or daycare care facility
ARTICLE 18
CAREER DEVELOPMENT
Selection criteria
18.05
a. Should tThe Employer shall establish selection criteria for granting leave under clauses 18.02 through 18.04 for a specified group, a copy of these criteria will be provided to an employee who so requests and to the Institute Representative on the Joint Consultation Committee / Departmental Career Development Consultation Committee. The Employer, on request, will consult with the Institute Representative on the Committee with regard to the selection criteria.
b. All applications for leave under clauses 18.02 through 18.04 will be reviewed by the Employer. A list of the names of the applicants to whom the Employer grants leave under clauses 18.02 through 18.04 will be provided to the Institute Representative on the Joint Consultation Committee / Departmental Career Development Consultation Committee.
Joint Institute / Treasury Board Career Development Committee
18.07
a. In addition to consultation on career development at the departmental level referred to in clause 18.05, 18.06, and 37.02, the representatives of the Employer and the Institute agree to establish a joint Institute/Treasury Board Career Development Committee.
b. In establishing this committee, it is understood by the parties that Departments are responsible for the application of the policies related to Career Development.
c. It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.
ARTICLE 28
USE OF EMPLOYER FACILITIES
Bulletin boards
28.02 Reasonable space on the Employer's bulletin boards (including electronic bulletin boards, where available) will be made available to the Bargaining Agent for the posting of official notices, in convenient locations determined by the Employer and the Institute. Notices or other materials shall require the prior approval of the Employer, except notices relating to the business affairs of the Institute and social and recreational events. The Employer shall have the right to refuse the posting of any information which it considers adverse to its interests or to the interests of any of its representatives.
(new)
28.04 The Employer will provide a readily available confidential environment or meeting space for employees to meet with a PIPSC steward or staff representative in each work location.
ARTICLE 29
INFORMATION
29.02 The Employer agrees to supply each employee with a copy of the collective agreement and any amendments thereto. For the purposes of satisfying the Employer's obligations under this clause, employees may be given electronic access to this agreement. Where electronic access is unavailable or upon request, the employee shall be supplied upon request with a printed copy of this Agreement. Upon request, an Institute SP Steward shall be supplied with a printed copy of this agreement.
ARTICLE 31
LEAVE FOR STAFF RELATIONS MATTERS
31.04 Federal Public Service Labour Relations Board Essential Services Hearing, Arbitration Board, Public Interest Commission Hearings and Alternative Dispute Resolution Process
Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board, a Public Interest Commission or in 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 45
CORRECTIONAL SERVICE SPECIFIC DUTY ALLOWANCE
The following allowance replaces the former Penological Factor Allowance (PFA). The parties agree that only incumbents of positions deemed eligible and/or receiving PFA as of signing of this collective agreement, shall receive the Correctional Service Specific Duty Allowance (CSSDA), subject to the criteria outlined below.
45.01 The CSSDA shall be payable to incumbents of specific positions in the bargaining unit within Correctional Service of Canada. The Allowance provides additional compensation to an Incumbent of a position who performs certain duties or responsibilities specific to Correctional Service of Canada (that is, custody of Inmates, the regular supervision of offenders, or the support of programs related to the conditional release of those offenders) within penitentiaries as defined in the Corrections and Conditional Release Act, and/or CSC Commissioner Directives.
45.02 The value of the CSSDA shall be two thousand dollars ($2,000) annually. Except as prescribed in clause 45.04 below, this allowance shall be paid on a biweekly basis for any month in which an employee performs the duties for a minimum period of ten (10) days in a position to which the CSSDA applies.
45.03 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 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.
45.04 An employee will be entitled to receive the CSSDA, in accordance with 45.01:
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.
45.05 The CSSDA shall not form part of an employee's salary except for the purposes of the following benefit plans:
Article 45: penological factor allowance
Genera
A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining units which are in Correctional Service Canada, subject to the following conditions.
45.01 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group.
45.02 The payment of the allowance for the Custody of Inmates is determined by the designated security level of the penitentiary as determined by the Correctional Service of Canada. For those institutions with more than one (1) designated security level (that is, multi-level institutions), the PFA shall be determined by the highest security level of the institution.
Amount of PFA
45.03
Penological factor allowance
Designated security level of the penitentiary
Maximum Medium Minimum
$2,000 $1,000 $600
Application of PFA
45.04 Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 45.01 above are applicable.
45.05 The applicability of PFA to a position and the position's level of PFA entitlement, shall be determined by the Employer following consultation with the Institute.
45.06 Except as prescribed in clause 45.09 below, an employee shall be entitled to receive PFA for any month in which the employee receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
45.07 Except as provided in clause 45.08 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different level of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one (1) position to which PFA applies, the employee shall receive the higher allowance, provided the employee has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.
45.08 When the incumbent of a position to which PFA applies, is temporarily assigned to a position to which a different level of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to which the employee is temporarily assigned, plus PFA, if applicable, would be less than the employee's basic monthly pay entitlement plus PFA in the employee's regular position, the employee shall receive the PFA applicable to the employee's regular position.
45.09 An employee will be entitled to receive PFA, in accordance with the PFA applicable to the employee's regular position:
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 (1) or more inmates.
45.10 PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:
45.11 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.
ARTICLE 46
PAY
Housekeeping for French Version 46.08 b)
b. Toutefois, la période vestibule d'attente de trois (3) jours ouvrables ou quarts de travail cédulés consécutivement et dont il est question ci-dessus est réduite à un (1) jour ouvrable ou quart de travail dans le cas des employés classés MT-03 qui travaillent par postes.
APPENDIX D
MEMORANDUM OF AGREEMENT BETWEEN THE TREASURY BOARD AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA WITH RESPECT TO SCIENTIFIC INTEGRITY
The purpose of this MOA is to establish a framework for the joint development of Scientific Integrity policies and guidelines between PIPSC and the Treasury Board and PIPSC and the Departments.
The parties to this Agreement recognize that scientific integrity constitutes an integral part of the department's and 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 government science and research.
The Government of Canada 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 Values and Ethics Code for the Public Sector. Deputy Heads have been asked to provide their ongoing attention to the implementation of the policy requirements within their departments that allow government scientists to speak publicly about their work. As part of the implementation, Deputy Heads should communicate directly with the employees of their department to ensure they are aware of the communications policy and how it applies.
The parties recognize the importance of balancing the requirements of scientific integrity and those of the Values and Ethics Code for the Public Sector as adopted April 2, 2012.
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, acknowledgment 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 department/agency on the role of the 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
Departments that employ more than 10 RE or SP members shall be 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 outlines 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, or within eighteen (18) months after reaching the 10 member threshold. Departments, in consultation with PIPSC, will endeavour to create a common policy that can be used as a model by departments when developing their own Scientific Integrity Policies. This will be completed within the first 6 months of the signing of this collective agreement.
Departments shall report annually at the National Union-Management Consultation Committee (NUMCC) on the progress toward implementing this MOA and departmental policies. In addition, the Governance Committee composed of the Secretary of the Treasury Board, the Chief Science Advisor, once appointed and the President of PIPSC will meet annually to take stock of progress and decide on course correction.
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 Applied Science and Patent Examination Group on the GCworkplace 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.
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 THE SALARY PROGRESSION FOR THE ACTUARIAL SCIENCE (AC) GROUP
The parties agree to establish a joint committee comprised of equal representation to meet within one hundred eighty (180) days of the signing of the present agreement.
The parties will establish terms of reference for the committee.
The committee will review the AC pay notes and consider the creation of a detailed table of recognized exam / educational requirements that will be applied to AC employees in determining progress on the scale of salary.
The committee will submit its findings and its recommendations to the Employer and the Institute within six (6) months of its first (1st) meeting. That period may be extended by mutual agreement.