AGREEMENT
BETWEEN
TREASURY BOARD
AND
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
GROUP: NEW BRUNSWICK CROWN COUNSEL
EXPIRATION DATE: September 30, 2020
TABLE OF CONTENTS:
PREAMBLE
ARTICLE 1 – DEFINITIONS
ARTICLE 2 – APPLICATION
ARTICLE 3 – FUTURE LEGISLATION
ARTICLE 4 – RECOGNITION
ARTICLE 5 – PROVINCIAL SECURITY
ARTICLE 6 – MANAGEMENT RIGHTS
ARTICLE 7 – INSTITUTE SECURITY
ARTICLE 8 – COMMUNICATIONS
ARTICLE 9 – NO DISCRIMINATION
ARTICLE 10 – STRIKES AND LOCKOUTS
ARTICLE 11 – LABOUR-MANAGEMENT COMMITTEE
ARTICLE 12 – GRIEVANCE PROCEDURE
ARTICLE 13 – ADJUDICATION
ARTICLE 14 – DISCIPLINE
ARTICLE 15 – EMPLOYEE PERSONNEL FILE
ARTICLE 16 – COMPETITIONS AND APPOINTMENTS
ARTICLE 17 – LAYOFF
ARTICLE 18 – HOURS OF WORK
ARTICLE 19 – OVERTIME
ARTICLE 20 – WAGES AND ALLOWANCES
ARTICLE 21 – TRAVEL POLICY
ARTICLE 22 – STATUTORY HOLIDAYS
ARTICLE 23 – VACATION LEAVE
ARTICLE 24 – SICK LEAVE
ARTICLE 25 – MATERNITY LEAVE
ARTICLE 26 – CHILD CARE LEAVE
ARTICLE 27 – ADOPTION LEAVE
ARTICLE 28 – COMPASSIONATE LEAVE AND LEAVE FOR CRITICALLY ILL, DECEASED OR MISSING CHILD
ARTICLE 29 – BEREAVEMENT LEAVE
ARTICLE 30 – COURT LEAVE
ARTICLE 31 – EMERGENCY LEAVE
ARTICLE 32 – FAMILY RESPONSIBILITY LEAVE
ARTICLE 33 – PALLBEARER LEAVE
ARTICLE 34 – LEAVE FOR INSTITUTE BUSINESS
ARTICLE 35 – ADDITIONAL LEAVE
ARTICLE 36 – VOLUNTEER LEAVE
ARTICLE 37 – HEALTH AND SAFETY
ARTICLE 38 – EMPLOYEE BENEFITS PROGRAMS
ARTICLE 39 – RETIREMENT AND LAYOFF ALLOWANCE
ARTICLE 40 – TRANSFER OF BENEFITS
ARTICLE 41 – TECHNOLOGICAL CHANGE
ARTICLE 42 – SENIORITY
ARTICLE 43 – PERSONAL LIABILITY PROTECTION
ARTICLE 44 – DURATION AND TERMINATION
SCHEDULE A – RATES OF PAY
SCHEDULE B – ELIGIBILITY FOR MERIT INCREASES
SCHEDULE C – PRE RETIREMENT LEAVE
MEMORANDUM OF UNDERSTANDING – CONTRACTING OUT AND WORKLOAD
MEMORANDUM OF AGREEMENT – CASUALS: LESS THAN SIX CONTINUOUS MONTHS
MEMORANDUM OF AGREEMENT – CASUALS: MORE THAN SIX CONTINUOUS MONTHS
MEMORANDUM OF UNDERSTANDING – ACCESS TO FITNESS / ACTIVITY SPACE
THIS AGREEMENT made this 31st day of October 2018.
BETWEEN: THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA hereinafter referred to as the “Institute”
AND: HER MAJESTY IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by Treasury Board, hereinafter called the “Employer”
PREAMBLE:
The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, 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 the Agreement.
The Parties to this Agreement share a desire to improve the quality of the Public Service of New Brunswick, to maintain professional standards and to promote the well being and increased efficiency of its employees to the end that the people of New Brunswick will be well and effectively served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the Public Service in which members of the Bargaining Unit are employed.
ARTICLE 1 – DEFINITIONS
For the purpose of this Agreement:
1.01 “Bargaining Unit” means all employees of the Employer covered by Certification No. PS-012-13, Professional Institute of the Public Service of Canada – New Brunswick Crown Counsel Group issued by the New Brunswick Labour and Employment Board on May 7, 2013.
1.02 “Employer” means Her Majesty in Right of the Province as represented by the Treasury Board.
1.03 “Employee” means a person employed by the Employer to carry out the functions normally performed by employees appointed to any of the classifications assigned to the Bargaining Unit, other than:
(a) a person not ordinarily required to work more than one-third (1/3) the number of hours stipulated as the normal work week; and
(b) a person employed in a managerial or confidential capacity.
1.04 “Group” means the New Brunswick Crown Counsel Group
1.05 “Institute” means the Professional Institute of the Public Service of Canada.
1.06 “Probationary Period” means the probationary period specified in the Civil Service Act.
1.07 Words used in this Agreement, if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act.
ARTICLE 2 – APPLICATION
2.01 This Agreement applies to and is binding on the Institute, the employees and the Employer.
2.02 The parties hereto agree that the benefits, privileges, rights or obligations agreed to in this Collective Agreement are in lieu of the application of the Employment Standards Act, S.N.B. 1982, c. E-7.2, as contemplated in subsection 4(2) of the Act.
ARTICLE 3 – FUTURE LEGISLATION
3.01 In the event that any law passed by the Legislature of the Province applying to Public Servants covered by this Agreement renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of this Agreement.
3.02 Where any provision of this Agreement conflicts with the provisions of any Public Statute or Regulation of the Province, the provisions of the Public Statute or Regulation shall prevail.
ARTICLE 4 – RECOGNITION
4.01 The Employer recognizes the Professional Institute of the Public Service of Canada as the exclusive Bargaining Agent for all employees described in New Brunswick Labour and Employment Board Certification Order Number PS-012-13, issued on May 7, 2013, covering all employees of the Employer in the Crown Counsel Group in the Scientific and Professional Occupational Category.
ARTICLE 5 – PROVINCIAL SECURITY
5.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulation given or made on behalf of the Government of the Province of New Brunswick in the interest of the health, safety or security of the people of the Province.
5.02 For the purposes of 5.01 above, any order made by the Lieutenant-Governor in Council is conclusive proof of the matters stated therein in relation to the giving or making of any instruction, direction or regulation by, or on behalf of, the Government of the Province of New Brunswick in the interests of the health, safety or security of the people of the Province.
ARTICLE 6 – MANAGEMENT RIGHTS
6.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement, are recognized by the Institute as being retained by the Employer.
ARTICLE 7 – INSTITUTE SECURITY
7.01 The Employer shall, as a condition of employment, deduct an amount equal to the regular membership dues of the Institute from the pay of all employees in the Bargaining Unit.
7.02 Article 7.01 will be applied for present employees and the deductions from pay for each new employee will start with the first bi-weekly pay period following their commencement.
7.03 The sums deducted pursuant to this Article shall be remitted to the Institute prior to the fifteenth (15th) of the month following the month in which the deductions were made.
7.04 Before the Employer is obligated to deduct any amount under this Article, the Institute must advise the Employer in writing of the amount of its regular dues. The amounts so advised shall continue to be the amounts to be deducted under this Article until changed by a further written notice to the Employer signed by the President of the Institute, after which such changed amount shall be the amount to be deducted, and so on from time to time. The Employer will make every reasonable effort to make the requested change within fourteen (14) days of the written notice.
7.05 The sums deducted under this Article shall be accepted by the Institute as the regular dues of those employees who are or shall become members of the Institute and the sums so deducted from non-members of the Institute shall be treated as their contributions toward the expenses of maintaining the Institute.
7.06 The Institute agrees to indemnify and save the Employer harmless from any liability or action arising out of the operation of this Article.
7.07 The Institute assumes full responsibility for the disposition of any sums deducted from the wages of any employees and remitted to the Institute under this Article.
ARTICLE 8 – COMMUNICATIONS
8.01 Except as otherwise provided in this Agreement, all written communications arising out of the application, administration and/or interpretation of this Collective Agreement shall be addressed as follows:
To the Group, in care of the Group’s President, at his or her office at the Employer’s place of business.
To the Employer:
Executive Director of Employee Relations
Treasury Board
P.O. Box 6000
Fredericton, N.B.
E3B 5H1
To the Institute:
The Professional Institute of the Public Service of Canada
1718 Argyle Street, Suite 610
Halifax, N.S.
B3J 3N6
8.02 The Institute will notify the Employer of any change of Group President within fifteen (15) days of the change.
8.03 Nothing in this Agreement prevents the Employer and the Institute from using electronic media for sending or posting any communication which is normally required to be in writing if the Employer and the Institute so agree.
8.04 The Employer shall publish the Collective Agreement in both official languages on the Government of New Brunswick Internet and Intranet sites within a reasonable time after the execution of this Agreement.
8.05 (a) The Employer shall prepare a list of employees in the Bargaining Unit and shall make the list available to the Group during January of each year.
(b) The Employer shall provide the names, commencement dates, employment status and addresses of all new employees in the Bargaining Unit as soon as practicable but no later than thirty (30) days after the start of employment.
(c) The Employer shall advise the Institute and the Group of any change of employment status or termination of an employee in the Bargaining Unit as soon as practicable but no later than thirty (30) days after a change of employment status or termination.
8.06 The list of employees shall include the classification, pay step, the commencement date and work location of each employee.
8.07 Upon request of the Institute, the Employer shall provide a copy of the classification specifications covering employees within the Bargaining Unit.
8.08 The Employer acknowledges its obligation to make available any policy which has a bearing on employee terms and conditions of employment and to advise the Institute of any change in policy within thirty (30) days.
8.09 The Employer shall provide bulletin board space for the use of the Institute at locations accessible to employees provided that the use of such boards is limited to the posting of information relating to the business affairs, meetings, social events and reports of various committees of the Institute.
ARTICLE 9 – NO DISCRIMINATION
9.01 There shall be no discrimination, restraint or coercion exercised or practiced upon any employee by either party because of membership or non-membership in the Institute, or in contravention of the Human Rights Act, R.S.N.B. 1973, c. H-11, of the Province of New Brunswick, as amended from time to time.
9.02 The Institute and the Employer recognize the right of employees to work in an environment free from harassment.
ARTICLE 10 – STRIKES AND LOCKOUTS
10.01 In accordance with the Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, there shall be no strikes or lockouts during the term of this Agreement.
ARTICLE 11 – LABOUR-MANAGEMENT COMMITTEE
11.01 There shall be a Labour Management Committee composed of at least two (2) representatives of the Group and an equal number of representatives of the Employer. The Committee may be extended to include additional members where mutually agreed by the parties, provided equal representation is maintained.
11.02 Within thirty (30) days of the date of signing of this Agreement each party shall inform the other of the names of its members on the Labour Management Committee provided, however, that either party may add or substitute members.
11.03 A meeting of the Committee shall be convened as soon as possible after receipt of an agenda from the other party, but in any case no later than thirty (30) days after receipt of an agenda.
11.04 The Committee shall establish its own procedure and each party shall bear the travel costs of its own representatives of the Committee provided that, where meetings are held during working hours, no employee shall lose pay as a result of attending meetings of the Committee.
11.05 The Committee shall deal with matters of mutual interest and concern in an attempt to facilitate harmonious relations between the Employer and the Institute and its members. The Committee shall not have power to alter, amend, add to, or modify the terms of this Collective Agreement.
ARTICLE 12 – GRIEVANCE PROCEDURE
12.01 A grievance means a dispute or difference of opinion concerning any of the following:
(a) the interpretation or application with respect to an employee of a provision of this Collective Agreement or a related arbitral award;
(b) disciplinary action resulting in written reprimand, suspension or discharge under Article 14 (Discipline) of this Agreement;
(c) the interpretation or application of a provision of a statute, or a regulation, by-law, direction or other instrument made or issued by the Employer dealing with terms and conditions of employment;
(d) any occurrence or matter affecting terms and conditions of employment other than those terms and conditions of employment covered in the three (3) preceding paragraphs and for which there is no administrative procedure for redress provided for in or under an Act of the Legislative Assembly.
12.02 In an effort to facilitate the efficient resolution of grievances, the Employer and the Institute, may engage in informal discussions without prejudice.
12.03 Where an employee considers himself/herself to be aggrieved he/she shall, with or without the assistance of an Institute representative, discuss the matter with the employee’s immediate supervisor before the first step in the grievance procedure is implemented.
12.04 Where an employee alleges that he/she has a grievance as outlined under 12.01 and where the employee has the written consent of the Institute or its delegates, the following procedures apply:
STEP ONE: Within twenty-five (25) days after becoming aware of the circumstances giving rise to the grievance, the employee may file a grievance in writing, either on the form provided by the Labour and Employment Board or on a form approved by the parties, with the person designated by the Employer as the first level in the grievance procedure.
The employee may proceed to Step Two if:
(a) no reply is received within ten (10) days following the date on which the grievance was filed, or
(b) no satisfactory settlement is received within ten (10) days following the date on which the grievance was presented under 12.05.
STEP TWO: Within ten (10) days from the expiration of the ten (10) day period referred to in Step One (a) or (b), the employee may file a grievance in writing with the person designated by the Employer as the second level in the grievance procedure.
The employee may proceed to Step Three if:
(a) no reply is received within ten (10) days following the date on which the grievance was filed, or
(b) no satisfactory settlement is received within ten (10) days following the date on which the grievance was presented under 12.05.
STEP THREE: Within ten (10) days following the expiration of the ten (10) day period referred to in Step Two, the employee may file a grievance in writing with the Deputy Attorney General. A proposed settlement of the grievance presented at Step One and Step Two and any replies must accompany the grievance when it is filed with the Deputy Attorney General. The Deputy Attorney General shall reply in writing to the employee within fifteen (15) days following the date the grievance was presented under 12.05 to the Deputy Attorney General. If the employee does not receive a reply or satisfactory settlement for the grievance, the employee may refer the grievance to adjudication as provided in Article 13, within twenty (20) days from the date on which the employee should have received a reply from the Deputy Attorney General.
12.05 Despite STEP THREE of Article 12.04, an employee may not refer a grievance related to discipline to adjudication unless the discipline resulted in written reprimand, suspension or discharge under Article 14 (Discipline) of this Agreement.
12.06 Unless otherwise agreed by the parties, a meeting will be held at each step in the grievance process, involving the grievor, the person designated by the employer and their representatives in an effort to resolve the difference that gave rise to the grievance. Every effort will be made by the parties to schedule the meeting as quickly as possible.
12.07 Any difference or grievance arising directly between the Institute and the Employer may be submitted by the Institute at Step Three.
12.08 In any case where the employee presents a grievance or in any case in which a hearing is held on a grievance at any level, the employee may at his/her option, be accompanied by a representative of the Institute.
12.09 In determining the time in which any step under the foregoing proceedings is to be taken, Saturdays and Sundays and recognized holidays shall be excluded. If advantage of the provisions of the Article has not been taken within the time specified herein, the alleged grievance shall be deemed to have been abandoned and cannot be reopened.
12.10 All time limits specified in this Article can be extended through mutual agreement in writing by the Institute or its delegate and the Employer or its delegate.
12.11 A grievance at any step under the foregoing is deemed to have been filed by the employee on the date it is personally served on the person designated by the Employer, or mailed by registered mail or sent electronically, if applicable. A grievance filed other than by personal service shall be addressed to the Deputy Attorney General’s office.
12.12 The Employer may file a grievance in accordance with subsection 92(1) of the Public Service Labour Relations Act, supra.
ARTICLE 13 – ADJUDICATION
13.01 The provisions of the Public Service Labour Relations Act, supra, and Regulations governing the adjudication of grievances shall apply to grievances lodged under the terms of this Agreement.
13.02 In any reference to adjudication, including cases arising from suspensions and discharges, the adjudicator or Board of Adjudication, as the case may be, shall have the power to direct payment of compensation, vary penalties, direct reinstatement of a benefit or privilege, or order appropriate action to finally settle the issue(s) between the parties and may give retroactive effect to their decision.
13.03 An adjudicator or Board of Adjudication shall not have the power to alter or change any of the provisions of this Agreement nor to substitute any new provision for an existing provision, nor give any decision inconsistent with the terms thereof.
ARTICLE 14 – DISCIPLINE
14.01 No employee who has completed the probationary period as defined in Article 1 – Definitions shall be disciplined except for just cause.
14.02 For the purpose of this Article, discipline includes:
(a) oral reprimand noted in the employee’s file;
(b) written reprimand;
(c) suspension with pay;
(d) suspension without pay; or
(e) discharge.
14.03 Prior to the disciplining of an employee, a meeting may be held. The employee will have the right to have present a representative of the Institute. The employee and the Institute shall receive reasonable prior notice of the meeting.
14.04 The employee and the Institute shall be informed in writing of the nature of the disciplinary action against that employee at the time such action is taken.
14.05 Where an employee is suspended or discharged, the Employer shall within ten (10) days of the suspension or discharge notify the employee in writing by registered mail or by personal service stating the reason for the suspension or discharge.
14.06 Where an employee alleges that he/she has been suspended or discharged in violation of Article 14.01, the employee may, within ten (10) days of the date of which he/she was notified in writing or within twenty (20) days of the date of his/her suspension or discharge, whichever is later, invoke the grievance procedure including adjudication as set out in this Agreement and, for the purpose of a grievance alleging violation of Article 14.01, he/she shall lodge a grievance at the final level of the grievance procedure.
14.07 Where it is determined that an employee has been suspended or discharged in violation of Article 14.01, that employee shall be immediately reinstated in his/her former position without loss of seniority or any other benefit which would have accrued to the employee if he/she had not been suspended or discharged. One of the benefits which the employee shall not lose is his/her regular pay during the period of suspension or discharge which shall be paid to the employee at the end of the next complete pay period following reinstatement.
ARTICLE 15 – EMPLOYEE PERSONNEL FILE
15.01 An employee’s personnel file shall be made available and open to the employee for inspection at a reasonable time established by mutual agreement between the employee and his/her immediate supervisor.
15.02 The Employer shall not introduce as evidence in a grievance or adjudication proceeding under this Agreement any document pertaining to disciplinary action the existence of which the employee was not aware.
15.03 To ensure compliance under 15.02 above, employees shall be required to sign any written document pertaining to disciplinary action acknowledging that the employee has read such document.
15.04 A record of disciplinary action shall be removed from the employee’s file and destroyed and not used against an employee after the expiration of eighteen (18) months following the disciplinary action, provided no other disciplinary action for a similar offence occurs within this eighteen (18) month period.
ARTICLE 16 – COMPETITIONS AND APPOINTMENTS
16.01 (a) Before proceeding to competition to fill a vacancy within the Bargaining Group, the Employer shall invite an internal expression of interest from permanent employees within the Bargaining Group.
(b) An employee who is appointed to a position in accordance with (a) above is not eligible to apply for another expression of interest within nine (9) months following commencement of their new assignment.
(c) A new employee appointed under 16.02 is not eligible to apply for an expression of interest within eighteen (18) months following commencement of their assignment.
16.02 (a) Subject to the provisions of the Civil Service Act and Regulations, where there is a competition to fill a vacancy or an anticipated vacancy in the Bargaining Unit, the Employer shall post notices of such competition electronically or on the bulletin board(s) in the buildings out of which the employees work, for a minimum of ten (10) working days. Notification of such competition shall be forwarded to the Group.
(b) The notice referred to in clause 16.02(a) shall contain the following information;
(i) description of the position;
(ii) location of the position;
(iii) required qualifications; and
(iv) the pay range.
16.03 In filling a vacancy pursuant to 16.02, the Employer will provide preference to employees within the Bargaining Unit who possess the qualifications, ability and suitability for the vacant position.
ARTICLE 17 – LAYOFF
17.01 An employee may be laid off because of lack of work or the discontinuance of a function.
17.02 Where layoff(s) becomes necessary, the Employer shall advise the Institute, where possible at least sixty (60) calendar days prior to the effective date of possible layoff(s), and shall meet to discuss relevant matters concerning any layoff(s).
17.03 Where the qualifications, skills and ability of employees affected are relatively equal, and the employees are within the same Branch of the Office of the Attorney General, seniority shall be considered in determining the layoff(s).
17.04 Whenever feasible, as much advance notice as possible shall be given to an employee who is to be laid off. When an employee is to be laid off, formal written notice must be given thirty (30) calendar days prior to the date of layoff in accordance with paragraph 9(1)(b) of Regulation 84-229 under the Civil Service Act. A copy of the written notice shall be sent to the Group.
17.05 After an employee has received notice of the employee’s potential layoff, the Employer and a representative of the Institute shall meet to discuss the status of such employee and suitable alternate employment available.
17.06 For a period of one (1) year after an employee has been laid off, the employee’s name shall be placed on eligibility lists for which the employee is qualified.
17.07 An employee who is laid off and rehired within the Public Service within twelve (12) months of the day of layoff shall be entitled to retain:
(a) unused sick leave credits, and
(b) years of service for purposes of calculating vacation leave and retirement allowance entitlement that accumulated as of the date of layoff.
17.08 During the layoff period, an employee shall not accrue sick or vacation leave credits, or service for the purpose of retirement allowance entitlement.
17.09 Pursuant to subsection 63(2) of the Public Service Labour Relations Act, where a conflict occurs between this Article and the Civil Service Act, the Civil Service Act shall prevail.
ARTICLE 18 – HOURS OF WORK
18.01 Full-time employees are expected to work a minimum of thirty-six and one-quarter (36 ¼) hours weekly, comprised of five (5) seven and one-quarter (7 ¼) hour days, exclusive of lunch break. An employee may be required to work in excess of this amount, depending upon the nature of the employee’s work.
18.02 Upon the request of an employee and subject to operational requirements, alternate work arrangements such as variable or compressed hours of work or different work location may be established when mutually agreeable. Any agreed to alternate work arrangement will be on a temporary basis. It is understood that any such arrangement may end prior to the expected termination date if required.
ARTICLE 19 – OVERTIME
19.01 In lieu of overtime, all employees shall be entitled to time off with pay as follows:
(a) Up to December 31, 2019, five (5) days to be taken before December 31 of the following year, with pay-out of any unused portion by March 31of the next year.
(b)Effective January 1, 2020, an employee shall accumulate overtime leave credits at the rate of .4167 days per calendar month of continuous employment for which he/she receives pay for at least eleven (11) days, including statutory holidays and excluding injury on duty as per Article 38.04. The overtime leave credits will be given on January 1 of each year or on the employee’s first day of work and shall be taken during the calendar year, with pay-out of any unused credits by March 31 of the next calendar year. Any overtime leave credits that were taken in a calendar year but were not earned shall be deducted from the overtime leave credits given on January 1 of the following calendar year. On ceasing to be an employee, the employee shall compensate the Employer for any overtime leave credits that were taken in the calendar year but were not earned and the amount of compensation shall be calculated using the employee’s rate of remuneration at termination.
(c) In addition to (a) or (b) above, the Employer may grant up to two (2) additional days to compensate employees in exceptional circumstances. Exceptional circumstances may include, for example, regular travel ou