COLLECTIVE AGREEMENT BETWEEN THE CANADIAN MUSEUM OF HISTORY AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Expiry date: September 30, 2019
TABLE OF CONTENTS
CHAPTER / ARTICLE
A1 PURPOSE OF AGREEMENT
A2 RECOGNITION
A3 APPLICATION
A4 MANAGEMENT RIGHTS
A5* INTERPRETATION AND DEFINITIONS
A6 OFFICIAL TEXTS
CHAPTER B – WORKING CONDITIONS
B1 HOURS OF WORK
B2 OVERTIME
B3 DESIGNATED PAID HOLIDAYS
B4 TRAVELLING TIME
B5 CALL BACK AND STANDBY
B6 IMMUNIZATION
B7 TECHNOLOGICAL CHANGE
B8 HEALTH AND SAFETY
B9 RESEARCH PRODUCTS AND PUBLICATIONS
B10 PART TIME EMPLOYEES
B11 RESTRICTION ON OUTSIDE EMPLOYMENT
B12 PROBATIONARY EMPLOYEES
C1 LEAVE – GENERAL
C2 VACATION LEAVE
C3 SICK LEAVE
C4* SPECIAL VACATION LEAVE WITH PAY
C5* BEREAVEMENT LEAVE
C6 MATERNITY AND PARENTAL LEAVE
C7 LEAVE WITH PAY FOR FAMILY RELATED RESPONSIBILITIES
C8 LEAVE WITHOUT PAY FOR FAMILY RELATED RESPONSIBILITIES AND PERSONAL NEEDS
C9 COURT LEAVE
C10 INJURY-ON-DUTY LEAVE
C11 COMPENSATORY LEAVE
C12 CAREER DEVELOPMENT
C13 LEAVE FOR STAFF RELATED MATTERS
C14 LEAVE FOR RELIGIOUS OBSERVANCE
C15 OTHER LEAVE WITH OR WITHOUT PAY
C16 LEAVE WITHOUT PAY FOR LONG TERM ELDER CARE
C17* COMPASSIONATE CARE LEAVE
D1 CHECK-OFF
D2 USE OF MUSEUM FACILITIES
D3 INFORMATION
D4 STEWARDS
D5* GRIEVANCE PROCEDURE
D6 ARBITRATION PROCEDURE
D7 JOINT CONSULTATION
D8 STANDARDS OF DISCIPLINE
D9* EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES
D10* NO DISCRIMINATION AND HARASSMENT
E1 STATEMENT OF DUTIES
E2 REGISTRATION FEES
E3* STAFFING
E4 LAY OFF
F1 SEVERANCE PAY – INVOLUNTARY SEPRATION
F2 DIVING ALLOWANCE
F3* FIELD RESEARCH ALLOWANCE
F4 BENEFITS AND PENSION PLANS
APPENDIX A* PAY RATES
APPENDIX B* MUSEUM SCHOLARS PROMOTION POLICY
APPENDIX C* MEMORANDUM OF UNDERSTANDING – WELLNESS IN THE WORKPLACE 1
APPENDIX D* MEMORINADUM OF UNDERSTANDING WITH RESPECT TO THE CESSATION OF THE ACCUMULATION OF SEVERANCE PAY FOR VOLUNTARY TERMINATION
CHAPTER A – GENERAL
ARTICLE A1 – PURPOSE OF AGREEMENT
A1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Museum, the employees and the Institute, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.
ARTICLE A2 – RECOGNITION
A2.01 The Museum recognizes the Professional Institute of the Public Service of Canada as the exclusive bargaining agent for all employees described in the certificate issued by the Canada Labour Relations Board on July 16, 1992, and as amended by the Board on May 14, 1993.
ARTICLE A3 – APPLICATION
A3.01 The provisions of this Agreement apply to the Institute, employees and the Museum.
A3.02 In this Agreement, the masculine gender is used without discrimination and only to lighten the text.
ARTICLE A4 – MANAGEMENT RIGHTS
A4.01 All the functions, rights, powers and authority which the Museum has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Museum.
A4.02 Contracting Out
The Museum will give all reasonable consideration to give employment in the Museum to employees who would otherwise become redundant because work is contracted out.
ARTICLE A5 – INTERPRETATION AND DEFINITIONS
A5.01 For the purpose of this Agreement,
(a) “bargaining unit” means the employees of the Museum as defined in the certificate issued by the Canada Industrial Relations Board on July 16, 1992 and amended May 14, 1993;
(b) a “spouse” will, when required be interpreted to include “common-law spouse”;
“Common-law spouse” relationship exists when, for a continuous period of at least one (1) year, an employee has lived with a person, publicly represented that person to be his or her spouse and continues to live with the person as if that person were his or her spouse;
(c) “continuous employment” means uninterrupted employment with the Canadian Museum of History.
For the purposes of calculating years of uninterrupted employment in relation to severance pay and notice of layoff only, continuous employment for employees hired prior to July 1, 1990, also means the service recognized by the parties as defined in the “years of service list”. This service shall be credited to the employee and will continue to accrue;
(d) “Museum” means the Canadian Museum of History, which includes the Canadian War Museum, as established under the Museum Act, including all of its properties and establishments;
(e) “daily rate of pay” means an employee’s weekly rate of pay divided by five (5);
(f) “holiday” means the twenty-four (24)-hour period commencing at 00:00 hours of a day designated as a holiday in this Agreement;
(g) “double time” means two (2) times the employee’s hourly rate of pay;
(h) “employee” means a person so defined in the Canada Labour Code, and who is included in the Bargaining Unit;
(i) “day of rest” in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of their position other than by reason of their being on leave or absent from duty without permission;
(j) (i) “full-time employee” means an employee who regularly works the hours of work established in the Hours of Work Article;
(ii) “part-time employee” means an employee who regularly works less than the normal hours of work of a full time employee;
(iii) “temporary employee” means an employee who is hired for the purpose of:
(a) replacement of permanent employees who are on leave with or without pay, or
(b) temporary assignments with budgetary or specified time limits, or
(c) non-recurring work.
(iv) “permanent employee” means an employee who is hired for an indeterminate period;
(k) “hourly rate of pay” means a full-time employee’s weekly rate of pay divided by thirty-seven and one-half (37.5);
(l) “Institute” means the Professional Institute of the Public Service of Canada;
(m) “lay off” means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function. The end of a temporary employee’s specified period of employment does not constitute a lay-off;
(n) “leave” means authorized absence from duty by an employee during their regular or normal hours of work;
(o) “membership dues” means the dues established pursuant to the constitution of the Bargaining Agent as the dues payable by its members as a consequence of their membership in the organization;
(p) “overtime” means:
(i) in the case of a full-time employee, authorized hours worked beyond the regular 7.5 hours of work per day or beyond the regular 37.5 hours of work per week,
or
(ii) in the case of a part-time employee, authorized work in excess of the normal daily or weekly hours of work of a full-time employee, but does not include time worked on a holiday;
(q) “time and one-half” means one and one half (1.5) times the employee’s hourly rate of pay;
(r) “weekly rate of pay” means an employee’s annual rate of pay divided by 52.176;
(s) “publication” – a publication consists of a book, book chapter, abstract, article or collection of articles in any medium.
A5.02 Except as otherwise provided in this Agreement, expressions used in this Agreement, if defined in the Canada Labour Code, have the same meaning as given to them in the Canada Labour Code.
ARTICLE A6 – OFFICIAL TEXTS
A6.01 Both the English and French texts of this Agreement are official.
CHAPTER B – WORKING CONDITIONS
ARTICLE B1 – HOURS OF WORK
B1.01 General
For the purpose of this Article,
(a) “day” means a twenty-four (24)-hour period commencing at 00:00 hour;
(b) “week” means a period of seven (7) consecutive days beginning at 00:00 hour Thursday morning and ending at 24:00 the following Wednesday.
B1.02
(a) Normal hours of work of employees shall be scheduled to provide for a work week of thirty-seven and one-half (37.5) hours and a scheduled work day of seven and one-half (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
However, the employee shall be notified at least fourteen (14) calendar days in advance of the requirement to work when, due to operational requirements, the employee is scheduled to work outside of these hours as follows:
(i) thirty-seven and one-half (37.5) hours per week, or upon mutual agreement an average of thirty-seven and one-half (37.5) hours per week;
(ii) a work day of seven and one-half (7.5) consecutive hours, exclusive of a lunch period, between the hours of 6:00 and 24:00, in keeping with operational requirements;
(b) Two (2) consecutive days of rest will be scheduled during each seven (7) day period unless operational requirements do not so permit;
(c) Each employee is entitled to one (1) or more break periods totaling no more than thirty (30) minutes in a work day.
B1.03 Alternative Work Arrangement
(a) Upon request by the Museum, the Institute or an employee, the parties shall meet to review any changes in hours of work. Where operational requirements permit, the proposed changes shall be accommodated. It is understood that changes may include compressed work week, flexible hours, telework or job sharing;
(b) The parties recognize that, pursuant to the Canada Labour Code, a joint submission to the Minister of Labour may be required to implement the hours of work outlined in clause B1.02 (a). The parties agree to make these joint submissions as required to maintain these hours as long as the provisions of this Agreement are in effect. Neither party shall seek to unilaterally change the hours of work covered by the authorization.
ARTICLE B2 – OVERTIME
B2.01 All overtime must be pre-authorized by the Museum. Overtime that has not been pre-authorized may not be compensated.
B2.02 Each fifteen (15) minute period of overtime shall be compensated according to the following:
(a) on their normal work day, at the rate of time and one-half (1.5) for each hour of overtime worked;
(b) on their first day of rest, at time and one-half (1.5) for each hour of overtime worked;
(c) on their second day of rest, at double time (2) for each hour of overtime worked;
(i) notwithstanding clause B2.02 (c) above, if, in an unbroken series of consecutive and contiguous calendar days of rest, the Museum permits the employee to work the required overtime on a day of rest requested by the employee, then the compensation shall be at time and one-half (1.5) for each hour of overtime worked;
(d)
(i) on a designated holiday, compensation shall be granted on the basis of time and one-half (1.5) for each hour worked, in addition to the compensation that the employee would have been granted had he not worked on the designated holiday,
or
(ii) when an employee works on a holiday, contiguous to a second day of rest on which he also worked and received overtime in accordance with clause (c) or (d) he shall be paid in addition to the pay that he would have been granted had he not worked on the holiday, two (2) times their hourly rate of pay for all time worked.
B2.03 An employee shall be compensated at their regular rate of pay for all work performed during their normal scheduled hours of work.
B2.04 Where operational requirements permit, the Museum shall make every reasonable effort to give employees who are required to work overtime reasonable advance notice of this requirement.
B2.05 Overtime shall be compensated in cash except where, upon request of an employee and with the approval of the Museum, overtime may be compensated in equivalent leave with pay. Where overtime is replaced by compensatory leave, refer to article C11 – Compensatory Leave.
B2.06 RATES EFFECTIVE OCTOBER 1, 2004
(a) An employee who works three (3) or more consecutive hours of overtime immediately before or immediately following their scheduled hours of work shall be reimbursed for one (1) meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided. Reasonable time with pay to be determined by the Museum shall be allowed to the employee in order to take a meal either at or adjacent to their place of work.
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in (a) above, the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided.
ARTICLE B3 – DESIGNATED PAID HOLIDAYS
B3.01 Subject to B3.02, the following days are designated paid holidays for the employees, including temporary employees:
(a) New Year’s Day
(b) Good Friday
(c) Victoria Day
(d) Canada Day
(e) Labour Day
(f) Thanksgiving Day
(g) Remembrance Day
(h) Christmas Day
(i) Boxing Day
(j) Easter Monday
(k) One additional day in each year, either St-Jean Baptiste Day for employees working in Quebec or the first Monday in August for employees working in Ontario.
B3.02
(a) The employee, including temporary employees, shall be granted the option of alternating up to two (2) of the Designated Paid Holidays listed in (j) and (k) above to other fixed days during the year. Such days shall be called “Alternate Designated Paid Holidays”. Employees who exercise the option of using alternate designated paid holidays shall not be entitled to any overtime premiums for work performed on the designated paid holiday being replaced by the alternate day. However, any hours worked on such a day beyond the regularly scheduled hours of work shall be compensated at the appropriate rate.
(b) The dates for observance of the alternate designated paid holiday(s) shall be determined at the beginning of each calendar year by each employee in consultation with their supervisor. This leave must be taken and cannot be accumulated from year to year.
(c) When an employee begins to work for the Museum between January 1st and June 30th, the employee shall be entitled up to two (2) alternate designated paid holidays noted in (a), otherwise the employee who begins to work for the Museum between July 1st and December 31st, shall be entitled to one (1) alternate designated paid holiday only.
(d) Should the employee, after determining the date(s) of the alternate designated paid holiday(s), request that such holiday(s) be changed to another day(s), and providing that sufficient notice is given, and operational requirements permit, such request shall not be unreasonably denied.
(e) Should the employee, after receiving approval for their alternate designated paid holiday(s) in accordance with the above, then be required to work on that date and does report to work, then this day shall be treated as a designated paid holiday and shall be compensated in accordance with the provisions of the Collective Agreement.
(f) When an employee leaves the Museum, and this employee was granted alternate designated paid holidays under this Article, the employee shall be paid one (1) day’s salary in lieu of an alternate designated paid holiday if the employee leaves prior to June 30th of the same year. If the employee leaves the Museum between July 1st and December 31st of the same year, the employee shall receive two (2) days’ salary in lieu of the alternate designated paid holidays, unless the employee has already used the applicable number of alternate designated paid holidays. If the alternate designated paid holiday(s) have been used in excess of the entitlements, the excess shall be deducted from the employee’s separation pay, unless otherwise approved by the Vice-President, Human Resources.
B3.03 When a day designated as a holiday under clause B3.01 or B3.02 coincides with an employee’s day of rest, the holiday shall be moved to the next scheduled working day following the employee’s day of rest. When a day that is a designated paid holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.
B3.04 An employee absent without pay on both their full working day immediately preceding and their full working day immediately following a designated paid holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article C13, Leave For Staff Related Matters.
B3.05 When a day designated as a holiday for an employee is moved to another day under the provisions of clause B3.03:
(a) work performed by an employee on the day from which the holiday was moved shall be considered as work performed on a day of rest;
and
(b) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.
B3.06 When an employee works on a holiday, they shall be paid:
(a) time and one-half (1.5) for all hours worked up to the regular daily scheduled hours of work, and double (2) time thereafter in addition to the pay that the employee would have been granted had they not worked on the holiday;
or
(b) upon request, and with the approval of the Museum, the employee may be granted:
(i) a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday;
and
(ii) pay at one and one half (1.5) times the straight-time rate of pay for all hours worked up to the regular daily scheduled hours of work;
and
(iii) pay at two (2) times the straight-time rate of pay for all hours they worked on the holiday in excess of the regular daily scheduled hours of work.
(c) When an employee works on a holiday, which is not the employee’s scheduled day of work, contiguous to a day of rest on which the employee also worked and received overtime in accordance with Article B2 – Overtime, the employee shall be paid in addition to the pay that the employee would have been granted had the employee not worked on the holiday, two (2) times the employee’s hourly rate of pay for all time worked.
B3.07 Where operational requirements permit, the Museum shall not schedule an employee to work both December 25th and January 1st in the same holiday season.
ARTICLE B4 – TRAVELLING TIME
B4.01
(a) Employees in travel status will be reimbursed for all reasonable expenses in accordance with the Museum’s policy.
(b) The Museum shall adjust annually the rates of reimbursement using the Treasury Board’s adjustments to travel costs rates of reimbursement as a general guide.
B4.02 When an employee travels on a normal working day but does not work, the employee shall receive their regular pay for the day.
B4.03 When the Museum requires an employee to travel for the purpose of performing duties, the travel time will be treated as time worked under Articles B1, B2, B3 and B5. The employee shall be compensated in the following manner:
(a) On a normal working day on which the employee travels and works, the employee shall be paid:
(i) their regular pay for the day for a combined period of travel and work not exceeding seven and one-half (7.5) hours;
and
(ii) at the applicable overtime rate for a combined period of travel and work in excess of a seven and one-half (7.5) hour.
B4.04 Where an employee travels on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours traveled.
ARTICLE B5 – CALL BACK AND STANDBY
B5.01 When an employee is called back to work or when an employee who is on stand by duty is called back to work by the Museum any time outside their normal working hours the employee shall be entitled to the greater of:
(a) a minimum of three (3) hours’ pay at the applicable overtime rate;
or
(b) compensation at the applicable overtime rate for each hour worked.
B5.02 If an employee is required to work or is called back to work:
(a) on a designated paid holiday which is not the employee’s scheduled day of work;
or
(b) on the employee’s day of rest;
or
(c) after the employee has completed their work for the day and has left their place of work;
or
(d) from standby duty and returns to the work place, provided that the period worked by the employee is not contiguous to the employee’s normal hours of work.
The employee shall be paid the greater of:
(i) the minimum of three (3) hours pay at the applicable overtime rate;
or
(ii) compensation at the applicable rate of overtime for time worked.
B5.03 Time spent by the employee reporting to work or returning to their residence shall not constitute time worked.
B5.04 No Pyramiding of Payments
Payments provided under this Article and the Overtime provisions of this Agreement shall not be pyramided, that is to say that an employee shall not receive more than one form of compensation for the same service.
B5.05 Compensation earned under this Article may be taken in the form of compensatory leave.
B5.06 When the Museum requires an employee to be available on standby during off duty hours an employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or portion thereof for which they have been designated as being on standby duty.
ARTICLE B6 – IMMUNIZATION
B6.01 The Museum shall provide the employee with immunization against communicable diseases where there is a risk of incurring such diseases in the performance of their duties.
ARTICLE B7 – TECHNOLOGICAL CHANGE
B7.01 The provisions of the Canada Labour Code related to technological change shall apply and shall be observed by the parties.
ARTICLE B8 – HEALTH AND SAFETY
B8.01 In accordance with the provisions of the Canada Labour Code, the Museum shall make reasonable provisions for the occupational safety and health of employees.
ARTICLE B9 – RESEARCH PRODUCTS AND PUBLICATIONS
For purposes of this Article, publication refers to book, book chapter, article or collection of articles, or abstract in any medium.
B9.01 The Museum agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Museum.
B9.02 The Museum asserts copyright ownership over all research products and publications produced by an employee in the normal course of their duties, and shall have first right of refusal on publishing such products.
B9.03 Should the Museum not wish to publish materials produced by an employee during the normal course of their duties; it will not unreasonably withhold permission for the employee to publish elsewhere.
B9.04 When approval for publication is withheld, the Museum shall inform the employee author(s) in writing stating the reason(s).
B9.05 When an employee acts as a sole or joint author or editor of a publication, their authorship or editorship shall normally be shown on the title page of such publication.
B9.06
a) The Museum may suggest revisions and may withhold approval to publish an employee’s work, subject to the revisions being implemented.
b) Where the Museum wishes to make changes with which the author does not agree, they may exercise their right not to be acknowledged or credited publicly.
c) When a disagreement arises between the author and the Museum, either of the parties may submit the case for review by an independent third party acceptable to both parties. After hearing both parties, the independent third party shall submit a recommendation to the Museum and provide a copy to the Institute. The Museum shall make the final decision.
B9.07 The parties agree that materials produced by an employee during the course of their employment will be archived according to archival procedures in place at that time.
ARTICLE B10 – PART-TIME EMPLOYEES
B10.01 Part-time employees shall be paid at the hourly rate of pay for all hours of work performed up to the daily or weekly hours of work that may be prescribed in Article B1 and at time and one-half (1.5) the hourly rate of pay for all hours of work performed in excess of those hours.
B10.02 A part-time employee shall not be paid for the designated holidays and floating holidays but shall, instead be paid a premium of four and one half percent (4.5%) for all straight time hours worked.
B10.03 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full time employee in clause B3.01 of this Agreement, and Easter Monday and St. Jean Baptist Day or the first Monday in August, the employee shall be paid at time and one-half (1.5) of the straight time rate of pay for all hours worked up to the regular daily scheduled hours of work and double (2) time thereafter.
B10.04 Eligibility for part-time employees into the Superannuation Plan will be as defined in the Public Service Superannuation Act.
B10.05 Notwithstanding the provisions of clause F1.01, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate classification and level to produce the severance pay benefit.
B10.06 Notwithstanding the provisions of Article B10.01, a part-time employee may work unscheduled hours at straight time. These hours will be given to the employee on availability.
B10.07 Vacation Leave
(a) In lieu of vacation leave with pay, a permanent part-time employee shall receive a premium of six percent (6%) of gross earnings for all straight time hours worked if the employee has completed less than five (5) years of service; eight percent (8%) if the employee has completed five (5) years of service; ten percent (10%) if the employee has completed eighteen (18) years of service; and twelve percent (12%) if the employee has completed twenty-eight (28) years of service.
Subject to operational requirements and upon request, a permanent part-time employee who is not entitled to receive vacation leave shall be entitled during each leave year to vacation leave without pay of three (3) weeks.
(a) A temporary part-time employee shall receive a premium of four percent (4%) of gross earnings in lieu of vacation leave. This premium shall be calculated on straight time hours worked.
B10.08 Sick Leave
A part-time employee shall in lieu of sick leave with pay, receive a premium of three percent (3%) of gross earnings for all straight time hours worked.
B10.09 Permanent part-time employees who are currently contributing to the Public Service Superannuation Plan shall continue to be eligible to receive pension benefits and the Supplementary Death Benefit pursuant to the provisions of the Public Service Superannuation Act.
ARTICLE B11 – RESTRICTION ON OUTSIDE EMPLOYMENT
B11.01 Unless otherwise specified by the Museum as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Museum.
ARTICLE B12 – PROBATIONARY EMPLOYEES
B12.01 A new employee will be considered on probation for a period of up to twelve (12) working months, excluding periods of extended leave.
B12.02 During the probationary period the employee’s suitability to become a permanent employee shall be assessed on the basis of:
(a) the successful completion of job duties
(b) conduct, including attendance
(c) the ability to work harmoniously with others
(d) the ability to adhere to the Museum’s policies and procedures.
CHAPTER C – LEAVES
LEAVES
ARTICLE C1 – LEAVE GENERAL
C1.01 When the employment of an employee who has been granted more vacation or sick leave with pay than he has earned is terminated by death or layoff, the employee is considered to have earned the amount of