AGREEMENT BETWEEN
NATIONAL GALLERY OF CANADA
AND
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Expiry date: September 30, 2021
Alternate format
TABLE OF CONTENTS
1. Purpose of the Agreement
2. Recognition
3. Interpretation and Definitions
4. Official Texts
5. Application
6. Management Rights
7. Publications and Authorship
8. Hours of Work
9. Overtime
10. Designated Holidays
11. Leave for spiritual or alternative religious holidays
12. Traveling Time
13. Leave – General
14. Vacation Leave
15. Sick/Injury On Duty Leave
16. Bereavement Leave
17. Maternity/Paternity Leave Without Pay
18. Leave Without Pay for the Care and Nurturing of Immediate Family
19. Leave Without Pay for Personal Reasons
20. Leave Without Pay for Relocation of Spouse
21. Leave Without Pay for Family Related Activities
22. Court Leave
23. Examination Leave
24. Other Leave With or Without Pay
25. Professional Development Leave
26. Lay-off
27. Severance Pay
28. Statement of Duties
29. Immunization
30. Technological Change
31. Health and Safety
32. Check off
33. Use of Employer Facilities
34. Information
35. Leave for Staff Relations Matters
36. Contracting Out
37. Strike or Lock-out
38. Grievance Procedure
39. Joint Consultation
40. Standards of Discipline
41. Part-Time Employees
42. Employee Appraisal and Employee File
43. Restriction Concerning Outside Employment
44. Probation Period
45. Staffing
46. Harassment/Discrimination
47. Insurance Plans
48. Pay Administration
49. Amendments to Agreement
50. Duration
Appendix “A” – Salary Scale
Appendix “B” – Letter of Understanding – Article 45.10
ARTICLE 1
PURPOSE OF THE AGREEMENT
1.01 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.
ARTICLE 2
RECOGNITION
2.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the Canada Labour Relations Board on August 2, 1994.
ARTICLE 3
INTERPRETATION AND DEFINITIONS
3.01 For the purpose of this Agreement:
a) a “common-law” relationship is said to exist when, for a continuous period of at least one year, an employee has lived with a person, publicly represented that person to be his/her spouse, and lives and intends to continue to live with that person as if that person were his/her spouse;
b) “Continuous employment” for employees hired before July 1, 1990 means all uninterrupted service with the Public Service of Canada and all uninterrupted service with the National Gallery of Canada since that time. For employees hired after July 1, 1990, “continuous service” means all uninterrupted service with the National Gallery of Canada and its affiliate museum, the Canadian Museum of Contemporary Photography.
c) “Daily rate of pay” means an employee’s weekly rate of pay divided by five (5).
d) “Employer” means the National Gallery of Canada.
e) “Hourly rate of pay” means a full-time employee’s weekly rate of pay divided by thirty-seven and one-half (37 ½).
f) “Immediate family” means father, mother, (or alternatively step-father, step-mother, or foster parent) brother, sister, step-brother, step-sister, spouse (including common law partner), child, (including child of spouse or common law partner) step-child, foster child or ward of the employee, grandparents, grandchild, father-in-law, mother-in-law, or relative permanently residing in the employee’s household or with whom the employee permanently resides.
g) “Institute” means that Professional Institute of the Public Service of Canada.
h) “lay-off” means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function;
i) “overtime” means in the case of a full-time employee, authorized work in excess of his scheduled hours of work or 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;
j) “weekly rate of pay” means an employee’s annual rate of pay divided by 52.176;
ARTICLE 4
OFFICIAL TEXTS
4.01 All texts of this agreement, printed or published, are so done simultaneously in both official languages, and both language versions are equally authoritative.
ARTICLE 5
APPLICATION
5.01 The content of this Agreement applies to the Institute, the employees and the Employer.
5.02 In this Agreement the masculine gender is used without discrimination and only to lighten the text.
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
PUBLICATIONS AND AUTHORSHIP
7.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work.
7.02 The Employer agrees that original publications prepared by the employee within the scope of his employment, will be retained on appropriate files for the normal life of such files. The Employer will not refuse without cause authorization to publish them. At the discretion of the Employer, authorship shall be recognized as much as possible in publications.
7.03 When an employee acts as a sole or joint author or editor of an original publication his authorship or editorship shall normally be shown in the publication.
7.04 The Employer may suggest revisions to material and may withhold approval to publish an employee’s publication.
7.05 Where the Employer wishes to make changes in material submitted for publication with which the author does not agree, the employee shall not be credited publicly if he so requests.
7.06 When approval for publication is withheld, the author(s) shall be informed in writing of the reasons, if requested.
7.07 Subject to the employee’s obligation on ethics, nothing in this Article shall be construed as preventing an employee from publishing and owning the registered articles, books, and other materials and inventions provided that the work is done during the employee’s non-work hours and the work or material has not been sponsored or commissioned by the Employer.
ARTICLE 8
HOURS OF WORK
8.01 A week shall consist of seven (7) consecutive days beginning at 00.01 hours Mondays and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.
8.02 The scheduled work week shall be thirty-seven and one half (37 ½) hours and the scheduled work day shall be seven and one half (7 ½) consecutive hours, exclusive of a meal period, between the hours of 7:00a.m. and 6:00p.m. The normal work week shall be Monday to Friday inclusive.
8.03 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.
8.04 On request of an employee and subject to operational requirements, an employee may work flexible hours on a daily basis so long as the daily hours amount to seven and one-half (7 ½ ).
8.05 On request of an employee and subject to operational requirements, an employee may complete his weekly hours of employment 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 ½ ) hours per week. 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 him.
8.06 The implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation.
ARTICLE 9
OVERTIME
9.01 When an employee is required by the Employer to work overtime he shall be compensated for each completed period of fifteen (15) minutes as follows:
a) on his normal work day and on his first day of rest, at the rate of time and one-half (1 ½ ) for each hour of overtime worked;
b) on his second day of rest, at double time (2);
c) (i) on a designated holiday, compensation shall be granted on the basis of time and one-half (1 ½ ) in addition to the compensation that he 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, 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 his hourly rate of pay for all time worked.
9.02 Overtime shall be compensated in cash except where, upon request of an employee, the Employer agrees to compensate the employee in equivalent leave with pay. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer. Compensatory leave with pay not used before March 31st, will be paid for in cash at the employee’s applicable hourly rate of pay.
9.03 Except in cases of emergency the Employer shall whenever possible give at least twelve (12) hours’ notice of any requirement to work in overtime.
9.04 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 up to $12.00 on the presentation of a receipt. Reasonable time with pay shall be allowed the employee in order to take a meal either at or adjacent to his place of work.
9.05 When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in 9.04 above, the employee shall be reimbursed for one (1) additional meal in the amount of up to $12.00 on the presentation of a receipt.
9.06 When 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 ( ½ ) hour for each four (4) hour period or portion thereof for which he has been designated as being on standby duty.
9.07 When an employee is called back to work by the Employer any time outside his normal working hours he 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.
ARTICLE 10
DESIGNATED HOLIDAYS
10.01 The following days shall be designated paid holidays for employees:
- New Year’s Day,
- Good Friday,
- Easter Monday,
- the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday,
- Canada Day,
- Labour Day,
- Thanksgiving Day,
- Remembrance Day,
- Christmas Day,
- Boxing Day,
- the first Monday in August or the 24th of June, and
- one (1) additional day when proclaimed by an Act of Parliament as a National Holiday.
10.02 An employee absent without pay on both his full working day immediately preceding and his 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 for Staff Relations Matters.
10.03 When a day designated as a paid holiday coincides with an employee’s day of rest, the holiday shall be moved to the employee’s first normal working day following his day of rest.
10.04 When a day designated as a paid holiday for an employee is moved to another day, the 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 work performed by an employee on the day to which the holiday was moved, shall be considered as work performed on a holiday.
10.05 Under (k), an employee shall be granted the option of alternating the first Monday of August and the 24th of June. The choice of the designated paid holiday shall be determined at the beginning of each calendar year by each employee in consultation with the supervisor. This leave must be taken and cannot be accumulated.
ARTICLE 11
LEAVE FOR SPIRITUAL OR ALTERNATIVE RELIGIOUS HOLIDAYS
11.01 The Employer shall accommodate an employee who requests up to three (3) days leave for spiritual or alternative religious holidays of his faith by either granting:
a) leave without pay,
b) compensatory time,
c) vacation leave, or
d) any combination of the above.
11.02 Notwithstanding clause 11.01, at the request of the employee and at the discretion of the employer, time off with pay for up to three days, may be granted to the employee in order to fulfill his or her spiritual or religious obligations. The number of hours with pay so granted will be deducted first from any accumulated compensatory leave and the remaining hours will be made up within a period of six (6) months, at times agreed to by the employer and documented as such on a leave request form. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the employer
ARTICLE 12
TRAVELLING TIME
12.01 The Treasury Board policy on travel, as amended from time to time, will continue in effect for the duration of this agreement unless amended by mutual consent of the parties.
12.02 When the Employer requires an employee to travel outside the National Capital Region 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 and one-half (7 ½ ) hours, and
ii) at the applicable overtime rate for additional travel time in excess of a seven and one-half (7 ½ ) 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 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 traveled to a maximum of twelve (12) hours pay at the straight-time rate or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.
12. 03 a) An employee who is required to travel outside his or her headquarters area on employer business, as these expressions are defined by the Employer, and is away from his or her permanent residence for forty (40) nights during a fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one (1) additional day 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 days off earned under this clause shall not exceed five (5) days in a fiscal year.
ARTICLE 13
LEAVE – GENERAL
13.01 In the event of death or lay-off, an employee who has been granted more vacation or sick leave with pay than he has earned, is considered to have earned the amount of leave with pay granted to him.
13.02 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at the time when he becomes subject to this Agreement, shall be retained by the employee.
13.03 The entitlement year shall be from April 1st to March 31st, inclusive. Employees will continue to have access to view their balance of leave via electronic means.
13.04 If during a period of any type of leave, an employee is granted bereavement leave, leave for family related responsibilities or sick leave with a medical certificate, upon request by the employee and approval by the Employer, the leave period shall be added to the period of leave originally planned or be credited to the employee for use at a later date.
ARTICLE 14
VACATION LEAVE
14.01 An employee shall earn vacation on leave credits for each calendar month during which he receives pay for at least ten (10) days at the following rate:
a) Nine point three seven five (9.375) hours per month until the month in which his third (3rd) anniversary of service occurs.
b) Twelve point five (12.5) hours per month commencing with the month in which his third (3rd) anniversary of service occurs.
c) Fifteen point six two five (15.625) hours per month commencing with the month in which his sixteenth (16th) anniversary of service occurs.
d) Eighteen point seven five (18.75) hours per month commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs.
14.02 For purpose of this Article, continuous employment starts with the date of hiring with the Employer, except for those employees who were on staff on July 1, 1990. These employees’ service with the Public Service of Canada, either continuous or discontinuous, will be counted in the calculation.
14.03 An employee is entitled to vacation leave with pay to the extent of his earned credits but an employee who has completed six (6) months of continuous employment may receive an advance of credit equivalent to the anticipated credits for the vacation year.
14.04 Employees are expected to take all their vacation leave during the vacation year in which it is earned. Where in any vacation year an employee has not taken all the vacation leave credited to him, the unused portion of his vacation leave shall be carried over into the following vacation year. Carry-over beyond one year will be allowed only under extraordinary circumstances.
14.05 The vacation year shall be from April 1st to March 31st, inclusive.
14.06 During any vacation year, upon application by the employee and at the discretion of the Employer earned but unused vacation leave credits shall be compensated at the employee’s daily rate of pay.
14.07 The Employer will make every reasonable effort not to recall an employee to work after he has proceeded on vacation leave.
14.08 Where, during any period of vacation leave, an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he incurs in proceeding to his place of duty, and in returning to the place from which he was recalled if he immediately resumes vacation upon completing the assignment for which he was recalled, after submitting such accounts as are normally required by the Employer.
14.09 When the Employer cancels or alters a period of vacation which it has previously approved in writing, the Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.
14.10 When an employee dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation with pay to his credit by the daily rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his employment.
14.11 Upon request, the Employer shall grant the employee his unused vacation leave credits prior to termination of employment if this will enable him, for purposes of severance pay, to complete the first year of continuous employment in the case of lay-off, or the tenth (10th) year of continuous employment in the case of resignation.
14.12 An employee whose employment is terminated by reason of a declaration that he abandoned his position is entitled to receive the payment referred to in clause 14.11, if he requests it in writing within six (6) months following the date upon which his employment is terminated.
14.13 In the event of the termination of employment for reasons other than death or lay-off the Employer shall recover from any monies owed the employee, an amount equivalent to unearned vacation leave taken by the employee, calculated on the basis of the rate of pay applicable to his classification on the date of termination.
14.14 Where an employee is granted bereavement leave, leave with pay because of illness in the immediate family, as defined in Article 21.01, or sick leave on production of a medical certificate, the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Gallery, or reinstated for use at a later date.
14.15 (a) Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee’s second (2nd) anniversary of service, as defined in clause 14.02.
(b) The vacation leave credits provided in paragraphs 14.15 (a) and (b) above can be carried over until taken and shall be excluded from the application of clause 14.06 dealing with Liquidation of Vacation Leave.
ARTICLE 15
SICK/INJURY ON DUTY LEAVE
15.01 An employee shall earn sick leave credits at the rate of nine point three seven five (9.375) hours for each calendar month for which he receives pay for at least ten (10) days.
15.02 An employee shall be granted sick leave with pay when he is unable to perform his duties because of illness or injury provided that he satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer, and he has the necessary sick leave credits.
15.03 Unless otherwise informed by the Employer, a declaration signed by the employee stating that because of illness or injury he was unable to perform his duties, shall, when delivered to the Employer, be considered as meeting the requirements.
15.04 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.
15.05 When an employee has insufficient or no credits to cover the granting of sick leave with pay, sick leave with pay may, at the discretion of the Employer, be granted to an employee:
a) for a period of up to twenty-five (25) days if a decision on an application for injury-on-duty leave is being awaited, or
b) for a period of up to fifteen (15) days in all other cases,
subject to the deduction of such advanced leave from any sick leave credits subsequently earned or in case of termination of employment for reasons other than death or lay-off, subject to the recovery of the advance leave from any monies owed to the employee.
15.06 Sick leave credits earned but unused by an employee during a previous period of employment shall be restored to an employee whose employment was terminated by reason of lay-off and who is reappointed within two (2) years from the date of lay-off.
15.07 An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where it is determined by a Provincial Worker’s Compensation Board that he is unable to perform his duties because of:
a) personal injury accidentally received in the performance of his duties and not caused by the employee’s wilful misconduct,
b) sickness resulting from the nature of his employment, or
c) exposure to hazardous conditions in the course of his employment.
ARTICLE 16
BEREAVEMENT
16.01 With respect to application for leave made pursuant to this article, the employee may be required to provide satisfactory proof of the circumstances necessitating such requests.
16.02 For the purpose of this Article, immediate family has the meaning defined in Article3.01f).
a) When a member of the immediate family dies, an employee:
(i) shall be entitled to bereavement leave with pay of up to five (5) working days;
(ii) In addition, the employee may be granted up to three (3) days’ leave with pay for the purpose of travel related to the death.
b) Bereavement leave granted under this clause may be taken in two (2) separate periods.
16.03 An employee is entitled to one (1) day’s bereavement leave with pay for the purpose related to the death of his or her daughter-in-law, son-in-law, brother-in-law, and sister-in-law.
16.04 It is recognized by the parties that the situations which call for leave in respect of bereavement are based on individual circumstances. On request, the Employer may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for or grant leave with pay in respect of persons not listed in this clause. Such request will not be unreasonably denied.
ARTICLE 17
MATERNITY/PARENTAL LEAVE WITHOUT PAY
17.01 Every employee who has completed six (6) months of continuous service with the Gallery is entitled to and shall be granted a leave of absence from employment for the purpose of maternity and parental leave.
17.02 An employee who applies to take a leave of absence from employment under the Maternity Leave or the Parental Leave section shall:
(a) give at least four weeks’ notice in writing to the Gallery unless there is a valid reason why that notice cannot be given;
(b) inform the Gallery in writing of the length of leave intended to be taken; and
(c) give at least four (4) weeks’ notice in writing to the Gallery of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given.
17.03 An employee requesting leave under the provisions of this clause will be provided with a copy of the Section under Part III of the Canada Labour Code pertaining to Reassignment, Maternity Leave and Parental Leave.
Maternity Leave
17.04 A pregnant employee is entitled to and shall be granted Maternity Leave Without Pay before, on or after the termination date of the pregnancy to and ending not later than seventeen (17) weeks for Employment Insurance (EI) benefit recipients after the termination date of her pregnancy or Quebec Parental Insurance Plan (QPIP) benefit recipients the option of a basic plan (18 weeks) or a special plan (15 weeks). At its discretion, the Gallery may require an employee to submit a medical certificate certifying pregnancy.
17.05 Where the employee’s newborn child is born prematurely, or is born with, or contracts, a condition that requires its hospitalization within the period defined above, the period of maternity leave without pay therein defined may be extended beyond the date falling seventeen (17) weeks for EI benefit recipients or for QPIP benefit recipients the option of a basic plan (18 weeks) or a special plan (15 weeks) after the date of birth of the child by a period equal to the period during which the child is hospitalized.
17.06 Where the employee has proceeded on maternity leave without pay and then returns to work during all, or part of, the period during which her newborn child is hospitalized, she may resume her maternity leave without pay when the child’s hospitalization is over, and remain on maternity leave without pay to the extent provided for above.
17.07 An employee who has not commenced maternity leave without pay may elect to:
(a) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates; and
(b) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave With Pay Article. For purposes of this clause, illness or injury as defined in the Sick Leave Article shall include medical disability related to pregnancy.
Maternity Leave Allowance
17.08 An employee who agrees to return to work for a period of at least six (6) months and who provides the Gallery with proof that she has applied for and is eligible to receive employment insurance benefits pursuant to Employment Insurance Act or the Quebec Parental Insurance Plan, shall be paid a maternity leave allowance in accordance with the Supplementary Employment Benefit Plan as follows:
(a) where an employee is subject to a waiting period before receiving employment insurance maternity benefits, an allowance of ninety-three percent (93%) of her weekly rate of pay; and
(b) up to fifteen (15) weeks for EI benefit recipients or for QPIP benefit recipients the option of a basic plan (18 weeks) or a special plan (15 weeks), payment equivalent to the difference between the EI benefits or QPIP benefits and ninety-three percent (93%) of her weekly rate of pay.
(c) where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, ninety-three per cent (93%) of her weekly rate of pay, less any other monies earned during this period.
Parental leave
17.09 a) Subject to clause 17.11 an employee who becomes a parent through the b