CMN Collective Agreement

INDEX

CHAPTER A- GENERAL
A1.01 Purpose of Agreement
A2.01 Recognition
A3.01 Application
A4.01 Management
A5.01 Interpretation and Definitions
A6.01 Official Texts

CHAPTER B -WORKING CONDITIONS
B1.01 Hours of Work
B2.01 Overtime
B3.01 Designated Holidays
B4.01 Travelling Time
B5.01 Call Back and Standby
B6.01 Immunization
B7.01 Technological Change
B8.01 Safety and Health
B9.01 Publications and Authorship
B10.01 Part-Time Employees
B11.01 Restriction on Outside Employment
B12.01 Probationary Period

CHAPTER C – LEAVE
C1.01 Leave – General
C2.01 Vacation Leave
C3.01 Sick Leave
C4.01 Bereavement Leave
C5.01 Maternity and Parental Leave without Pay
C6.01 Leave without Pay for the Care and Nurturing of Pre-School Age Children, Relocation of Spouse or Common-law Partner and Personal Needs
C7.01 Leave with Pay for Family-Related Responsibilities
C8.01 Court Leave with Pay
C9.01 Personnel Selection Leave with Pay
C10.01 lnjurv-On-Duty Leave with Pay
C11.01 Examination Leave
C12.01 Career Development
C13.01 Leave for Staff Relations Matters
C14.01 Volunteer Leave
C15.01 Personal Leave
C16.01 Other Leave with or without Pay

CHAPTER D- STAFF RELATIONS MATTERS
D1.01 Check-Off
D2.01 Use of Employer Facilities
D3.01 Information
D4.01 Stewards
D5.01 Grievance Procedure
D6.01 Joint Consultation
D7.01 Standards of Discipline
D8.01 Employee Performance Review and Employee Files
D9.01 Employment References
D10.01 Harassment and Discrimination in the Work Place
D11.01 Contracting Out
D12.01 Strike or Lockout

CHAPTER E- STAFFING
E1.01 Statement of Duties
E2.01 Registration Fees
E3.01 Position and Classification
E4.01 Work Force Adjustment
E5.01 Scientific Section Heads
E6.01 Director, Centre of Excellence*

CHAPTER F – BENEFITS
F1.01 Severance Pay
F2.01 Diving Allowance
F3.01 Field and Sea Research Allowance
F4.01 Benefits

CHAPTER G – PAY AND DURATION
G1.01 Pay
G2.01 Agreement Re-Opener
G3.01 Duration

APPENDIX A – Salary Range
APPENDIX B – Classification and Promotion

CHAPTER A- GENERAL

Purpose of Agreement

A1.01 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 this Agreement.

Recognition

A2.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the Canada Industrial Relations Board on January 14, 1994.

Application

A3.01 The provisions of this Agreement apply to the Institute, employees and the Employer.

A3.02 Wherever the singular and masculine are used in this Agreement, it shall be considered as if the plural and feminine are used.

Management

A4.01 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.

Interpretation and Definitions

A5.01 For the purpose of this Agreement,

1. «bargaining unit» means the employees of the Employer as defined in the certificate issued by the Canada Industrial Relations Board on January 14, 1994;
2. a «common-law partner» refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year;
3. «compensatory leave» means leave with pay in lieu of cash payment for overtime. The duration of such leave will be equal to the overtime worked multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee’s hourly rate of pay as calculated from the classification and level prescribed in the employee’s substantive position on the day immediately prior to the day leave is taken;
4. «continuous employment» means:
   1. for any employee first hired in the Public Service prior to July 1st, 1990: the length of continuous employment recognized to such employee in the Public Service when the employee became an employee of the Canadian Museum of Nature and the length of the employee’s continuous service thereafter;
   2. it is understood that, with the exception of employees covered in 5.01d) i), there is no continuous employment relationship when a person ceases or ceased to be an employee under the Public Service and is subsequently hired by the Canadian Museum of Nature;
   3. any other employee: the length of continuous service since the date of last hiring;
5. «daily rate of pay» means an employee’s weekly rate of pay divided by five (5);
6. «day of rest» in relation to an employee means a day, other than a paid holiday, on which that employee is not ordinarily required to perform the duties of the employee’s position other than by reason of being on leave;
7. «double time» means two (2) times the employee’s hourly rate of pay;
8. «employee» means a person so defined in the Canada Labour Code, employed by the Employer, and who is a member of the bargaining unit;
9. «Employer» means The Canadian Museum of Nature and includes any person authorized to exercise the authority of the Museum;
10. «headquarters area» has the same meaning as given to the expression in the Travel Policy;
11. «holiday» means the twenty four (24) hour period commencing at 00:01-hour of a day designated as a paid holiday in this Agreement;
12. «hourly rate of pay» means a full-time employee’s weekly rate of pay divided by thirty-seven and one-half (37 1/2);
13. «Institute» means the Professional Institute of the Public Service of Canada;
14. «lay-off» means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function;
15. «leave» means authorized absence from duty;
16. «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;
17. «overtime» means:
    1. in the case of a full-time employee, authorized work in excess of the employee’s scheduled hours of work;

       or

    2. 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;
18. «straight-time rate» means the employee’s hourly rate of pay;
19. «time and one-half» means one and one half (1 1/2) times the employee’s hourly rate of pay;
20. «weekly rate of pay» means an employee’s annual rate of pay divided by 52.176.

A5.02 Except as otherwise provided in this Agreement, expressions used in this Agreement have the same meaning as given to them in the Canada Labour Code.

Official Texts

A6.01 All texts of this agreement, printed or published, are so done simultaneously in both official languages, and both language versions are equally authoritative.

CHAPTER B -WORKING CONDITIONS

Hours of Work

EMPLOYEES COVERED BY CLAUSES B1.01 TO B1.05 ARE NOT COVERED BY CLAUSES B1.06 and B1.07.

General

B1.01 For the purpose of this Article, a week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.

Work Week

B1.02 The scheduled work week shall be thirty-seven and one-half (37 1/2) hours and the scheduled work day shall be seven and one-half (7 1/2) consecutive hours, exclusive of a meal period, normally between the hours of 7:00 a.m. and 6:00 p.m. The normal workweek shall be Monday to Friday inclusive.

Flexible Hours

B1.03 Upon the request of an employee and the concurrence of the Employer, an employee may work flexible hours on a daily basis so long as the daily hours amount to seven and one-half (7 1/2).

Days of Rest

B1.04 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.

Recording Attendance

B1.05 Employees will submit overtime hours and leave into the self-administered system for approval.

Compressed Work Week

B1.06 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, weekly hours of employment may be completed by an employee in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven and one-half (37 1/2) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee.

Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

B1.07

1. The conduct of scientific research requires an adaptable research environment. Accordingly, every reasonable effort will be made to maintain a research environment where working hours can be arranged to meet the needs of research programs;
2. Normal work year, subject to the leave provisions of this Agreement, shall be nineteen hundred and fifty (1950) hours. The normal work year shall be from April 1st to March 31st of the following calendar year, inclusive;
3. Except for an employee in receipt of a Field and Sea Research Allowance under Article F3.01, an employee who is required by the Employer to work on his/her day of rest or on a designated holiday, shall be compensated on the basis of one and one-half (1 1/2) hours pay for each hour worked on the understanding that the employee will also receive his/her normal pay on a designated holiday. Compensation will be in the form of cash except that on request of the employee and at the discretion of the Employer; compensation may be taken in the form of leave;
4. When an employee whose hours of work are arranged under clause B1.07 is called back to work by the Employer on days where hours of work are scheduled, such hours involved will form part of the nineteen hundred and fifty (1950) hours as stated in clause b);
5. Each employee is expected to organize his or her hours of work, workdays and days of rest in order to suit his or her individual research activities and museum work, subject to the approval of the Employer;
6. Each employee is expected to organize his or her hours of work, workdays and days of rest to respect to provisions of the Canada Labour Code;

Overtime

B2.01 When an employee is required by the Employer to work overtime, the employee shall be compensated as follows:

1. on the employee’s normal work day, at the rate of time and one-half (1 1/2) for each hour of overtime worked;
2. on the employee’s first day of rest, at time and one-half (1 1/2) for each hour of overtime worked;
3. on the employee’s second day of rest, at double time (2) for each hour of overtime worked;
4. 1. on a paid holiday, compensation shall be granted on the basis of time and one-half (1 1/2) for each hour worked, in addition to the compensation that would have been granted had the employee not worked on the paid holiday;

      or

   2. when an employee works on a holiday, contiguous to a second day of rest on which the employee also worked and received overtime in accordance with clause B2.01 c) or d) 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.

B2.02 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.

B2.03 Except in cases of emergency, call-back, stand-by or mutual agreement the Employer shall whenever possible give at least twelve (12) hours notice of any requirement for the performance of overtime.

B2.04 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 March 31st of the same fiscal year shall be paid on September 30 of the following fiscal year at the employee’s daily rate effective at March 31st.

B2.05 When a payment is being made as a result of the application of this Article, the Employer will endeavor to make such payment within six (6) weeks following the end of the pay period for which the employee requests payment.

B2.06

1. An employee who works three (3) or more hours of overtime immediately before or immediately following his scheduled hours of work shall be reimbursed for one meal in the amount of $9.00, except where free meals are provided. Reasonable time with pay to be determined by the Employer shall be allowed to the employee in order to take a meal either at or adjacent to the employee’s place of work;
2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in a) above, the employee shall be reimbursed for one additional meal in the amount of $9.00 except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed to the employee in order that the employee may take a meal break either at or adjacent to the employee’s place of work;
3. Clause B2.06 a) and b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

Designated Holidays

B3.01 Subject to clause B3.01, the following days shall be paid holidays for employees:

1. New Year’s Day,
2. Good Friday,
3. Easter Monday,
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday,
5. Canada Day,
6. Labour Day,
7. Thanksgiving day,
8. Remembrance Day,
9. Christmas Day,
10. Boxing Day,
11. one additional day in each year: the employee will choose between St. Jean Baptiste Day and the first Monday in August,
12. one additional day when proclaimed by an Act of Parliament as a National Holiday.

B3.02 No employee is entitled to be paid for a paid holiday on which the employee does not work when the employee is not entitled to wages for at least fifteen (15) days during the thirty (30) calendar days immediately preceding the paid holiday, except in the case of an employee who is granted leave without pay under the provisions of Article C13 (Leave for Staff Relations Matters).

B3.03 When a day designated as a holiday under clause B3.01 coincides with an employee’s day of rest, the holiday shall be moved to the first scheduled working day following the employee’s day of rest. When a day that is a 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.

When two (2) days designated as holidays under clause B3.01 coincide with an employee’s consecutive days of rest, the holidays shall be moved to the employee’s first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

B3.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause B3.03:

1. 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
2. work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.

Compensation for Work on a Paid Holiday

B3.05 Compensation for work on a paid holiday will be in accordance with Article B2, overtime.

Designated Paid Holiday Coinciding with a Day of Paid Leave

B3.06 Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or is moved as a result of the application of clause B3.03, the paid holiday shall not count as a day of leave.

Holidays of other Religions

B3.07 Provided that the request is made at least one month prior to the holiday, the Employer shall accommodate an employee who requests up to three (3) days leave for other holidays relating to the employee’s religious faith by either granting :

1. leave without pay,
2. compensatory leave,
3. vacation leave, or
4. any combination of the above.

Compensation for Work Performed on Holidays of other Religions

B3.08 When an employee’s choice of other religions holidays has been approved by the Employer but, because of operational requirements the employee is subsequently required to work on that day, the employee’s leave will be credited and the employee will be paid in accordance with the terms and conditions of the collective agreement.

Travelling Time

B4 Travelling time is compensated for only in the circumstances and to the extent provided for in this Article. Employees in travel status will be reimbursed for all reasonable expenses in accordance with the current Travel Policy of the employer.

B4.01 When the Employer requires an employee to travel outside the employee’s headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:

1. on a normal working day on which the employee travels but does not work, the employee’s regular pay for the day;
2. on a normal working day on which the employee travels and works, the employee shall be paid:
   1. the employee’s regular pay for the day for a combined period of travel and work not exceeding seven and one-half (7 1/2) hours;

      and

   2. at the applicable overtime rate for additional travel time in excess of a seven and one-half (7 1/2) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours pay at the straight-time rate in any day;
3. on a day of rest or on a paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours pay at the straight-time rate.

B4.02 For the purpose of clause B4.01, the travelling time for which an employee shall be compensated is as follows:

1. for travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer;
2. for travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee’s place of residence or work place, as applicable, direct to the destination and, upon their return, direct back to the employee’s residence or work place;
3. in the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements in which case compensation for travelling time shall not exceed that which would have been payable under the Employer’s original determination.

B4.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.

B4.04 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 will be compensated according to clause B2.04.

B4.05 When a payment is being made as a result of the application of this Article, the Employer will do so in accordance with clause B2.05.

B4.06 This Article does not apply to an employee required to perform work in any type of transport in which the employee is travelling. In such circumstances, the employee shall receive pay for actual hours worked in accordance with the Articles: Hours of Work, Overtime, Paid Holidays.

B4.07 Travelling time shall include time necessarily spent at each stop-over en route up to a maximum of three (3) hours provided that such stop-over does not include an overnight stay.

B4.08 Compensation under this Article shall not be paid for travel time to courses, training sessions, conferences and seminars unless so provided for in the Career Development Article.

Call Back and Standby

THIS ARTICLE DOES NOT APPLY TO EMPLOYEES COVERED BY CLAUSES B1.06 AND B1.07, AND TO EMPLOYEES PERFORMING FIELD RESEARCH AND SEA RESEARCH WITH THE EXCEPTION OF EMPLOYEES WHO PARTICIPATE IN THE CHEMICAL EMERGENCY RESPONSE TEAM (CERT)

B5.01 If an employee is called back to work

1. on a paid holiday which is not the employee’s scheduled day of work,

   or

2. on the employee’s day of rest,

   or

3. after the employee has completed work for the day and has left the place of work, and returns to work,

   or

4. from standby duty, the employee shall be paid the greater of:
   1. the minimum of three (3) hours pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours’ pay in an eight (8) hour period. Such maximum shall include any reporting pay pursuant to this Agreement,

      or

   2. compensation at the applicable overtime rate for time worked, provided that the period worked by the employee is not contiguous to the employee’s normal hours of work.
5. The minimum payment referred to in B5.01 d) i) above does not apply to part­ time employees. Part-time employees will receive a minimum payment in accordance with B10.08.

B5.02 Time spent by the employee reporting to work or returning to the employee’s residence shall not constitute time worked unless required by the Employer to use a vehicle authorized by the Employer for transportation to a work location other than the employee’s normal place of work.

B5.03 Payments provided under this Article and Overtime provisions of this Agreement shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.

B5.04 This Article does not apply where an employee is on the Employer’s premises at the time of notification of the requirement to work overtime.

B5.05 In lieu of cash compensation for overtime earned under B5.01 d) i) ii), the employee may request compensatory leave under provisions of clause B2.04.

B5.06 When an employee is called back to work under the conditions described in clause B5.01 a), b), c) or d) and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for transportation costs in accordance with the provisions of the Museum’s Travel Policy.

B5.07 The Employer may use at its discretion electronic paging devices or other electronic equipment if practicable and efficient and they will be provided without cost to those employees on stand-by duty.

B5.08 Where the Employer 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 four each four (4) hour period or portion thereof for which the employee is on standby.

B5.09 An employee designated by letter or by list for standby duty shall be available during the period of standby at a known telephone number and be available to return for duty as quickly as possible if called. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.

B5.10 No standby payment shall be granted if an employee is unable to report for duty when required.

Immunization

B6.01 The Employer shall provide employees’ with immunization against communicable diseases where there is a risk of incurring such diseases in the performance of their duties. Immunization shall be a voluntary choice of the employee.

Technological Change

B7.01 Should the employer introduce a technological change the following clauses will apply. Furthermore, should the technological change result in lay-off of employees, article F1.01 will also apply.

B7.02 In this Article “Technological Change” means:

1. the introduction by the Employer into his work, undertaking or business of equipment or material of a different nature or kind than that previously utilized by the employer in the operation of the work, undertaking or business;
2. a change in the manner in which the Employer carries on the work, undertaking or business that is directly related to the introduction of that equipment or material.

B7.03 The parties agree to have meaningful consultation in order to eliminate or minimize the adverse effects of technological change on employees. The employer agrees to assist employees affected by the technological change to adjust to the effects of the technological change.

B7.04 The Employer agrees to provide at least one hundred and twenty (120) days written notice to the Institute of the introduction or implementation of technological change prior to the date on which changes are to occur.

B7.05 The written notice provided for in clause B7.04 will provide the following information:

1. the nature of the technological change;
2. the date on which the Employer proposes to effect the technological change;
3. the approximate number and type of employees likely to be affected by the technological change;
4. the effect that the technological change is likely to have on the terms and conditions or security of employment of the employees affected;
5. such other information as is required by the regulations made pursuant to Section 52, subsection (4) of the Canada Labour Code.

B7.06 As soon as reasonably practicable after notice is given under clause B7.05, the Employer shall consult with the Institute concerning the effects of the technological change:

1. the names of the employees who will initially be likely to be affected by the proposed technological change;

   and

2. the rationale for the change.

B7.07 When, as a result of technological change, the Employer determines that an employee