CFIA-IN Collective Agreement – PIPSC

A1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Institute and the employees, and 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.

A1.02 The parties to this Agreement share a desire to improve the quality of the Canadian Food Inspection Agency, to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, the parties are determined to establish within the framework provided by law, an effective working relationship at all levels of the Canadian Food Inspection Agency in which members of the bargaining unit are employed.

**ARTICLE A2

RECOGNITION

A2.01 The Employer recognizes the Institute as the exclusive Bargaining Agent for all employees described in the certificate issued by the Public Service Staff Relations Board on December 22, 1999, for employees of the Informatics (IN) Bargaining Unit and classified as CS.

A2.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a Collective Agreement and the Employer and the Institute agree to bargain in good faith, in accordance with the provisions of the Federal Public Sector Labour Relations Act.

ARTICLE A3

APPLICATION

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

A3.02 In this Agreement, words importing the masculine gender shall include the feminine gender.

ARTICLE A4

OFFICIAL TEXTS

A4.01 Both the English and French texts of this Agreement shall be official.

ARTICLE A5

MANAGEMENT RIGHTS

A5.01 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 A6

RIGHTS OF EMPLOYEES

A6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee’s constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.

**ARTICLE A7

INTERPRETATION AND DEFINITIONS

A7.01 For the purpose of this Agreement:

(a) “bargaining unit” means the employees of the Employer as described in Article A2 – Recognition; (unité de négociation)

(b) “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; (conjoint de fait)

** (c) “compensatory leave” means leave with pay in lieu of payment for overtime, call-back, stand-by, and travelling time compensated at an overtime rate; (congé compensatoire)

(d) “continuous employment” has the same meaning as specified in the Employer’s Terms and Conditions of Employment on the date of signing of this agreement; (emploi continu)

(e) “daily rate of pay” means an employee’s weekly rate of pay divided by five (5); (taux de rémunération journalier)

(f) “day of rest” in relation to an employee means a day, other than a designated paid holiday, on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of his or her being on leave; (jour de repos)

(g) “designated paid holiday” means the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a holiday in this Agreement; (jour férié désigné payé)

(h) “double time” means two (2) times the employee’s hourly rate of pay; (tariff double)

** (i) “employee” means a person so defined by the Federal Public Sector Labour Relations Act and who is a member of the bargaining unit; (employé)

(j) “Employer” means Her Majesty in right of Canada as represented by the Canadian Food Inspection Agency, and includes any person authorized to exercise the authority of the Canadian Food Inspection Agency; (Employeur)

(k) “headquarters area” has the same meaning as given to the expression in the Travel Directive; (zone d’affectation)

(l) “hourly rate of pay” means a full-time employee’s weekly rate of pay divided by thirty-seven decimal five (37.5); (taux de rémunération horaire)

(m) “Institute” means the Professional Institute of the Public Service of Canada; (Institut)

(n) “lay-off” means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function; (mise en disponibilité)

(o) “leave” means authorized absence from duty; (congé)

(p) “membership dues” means the dues established pursuant to the by-laws and regulations of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy; (cotisations syndicales)

(q) “overtime” means work required by the Employer, to be performed by a full-time employee in excess of the employee’s daily hours of work; (heures supplémentaires)

** (r) “straight-time rate” means the employee’s hourly rate of pay; (tarif normal)

* (s) “time and one-half” means one and one-half (1½) times the employee’s hourly rate of pay; (tarif et demi)

* (t) “weekly rate of pay” means an employee’s annual rate of pay divided by fifty-two decimal one seven six (52.176). (taux de rémunération hebdomadaire)

A7.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,

** (a) if defined in the Federal Public Sector Labour Relations Act, have the same meaning as given to them in the Federal Public Sector Labour Relations Act, and

** (b) if defined in the Interpretation Act, but not defined in the Federal Public Sector Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

ARTICLE A8

PUBLICATIONS AND AUTHORSHIP

A8.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.

A8.02 The Employer agrees that original articles or professional and technical papers prepared by an employee, within the scope of his or her employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for the publication of original articles or professional and technical papers in professional media. At the Employer’s discretion, recognition of authorship will be given where practicable in departmental publications.

A8.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.

A8.04 (a) The Employer may suggest revisions to a publication and may withhold approval to publish.

(b) When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee(s).

(c) Where the Employer wishes to make changes in a publication with which the author does not agree, the employee shall not be credited publicly if the employee so requests.

PART B – WORKING CONDITIONS

** ARTICLE B1

HOURS OF WORK

B1.01 Day Work

(a) The normal work week shall be thirty-seven decimal five (37.5) hours and the normal work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 6:00 a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.

(b) Where normal hours are to be changed so that they are different from those specified in clause B1.01(a) the Employer, in advance, except in cases of emergency, will consult with the Institute on such hours of work, and in such consultation, will show that such hours are required to meet the needs of the public and/or efficient operation of the Agency.

B1.02 The Employer, to allow for the summer and winter hours, provided the annual total is not changed, may vary the normal weekly and daily hours of work.

B1.03 Days of Rest

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

B1.04 Shift Work

When, because of the operational requirements of the Service, hours of work are scheduled for employees on a rotating or irregular basis, they shall be scheduled so that employees work an average of thirty‑seven decimal five (37.5) hours per week exclusive of meal breaks.

B1.05 The Employer will make every reasonable effort:

(a) not to schedule the commencement of a shift within sixteen (16) hours of the completion of the employee’s previous shift;

(b) to avoid excessive fluctuation in hours of work; and

B1.06 The staffing, preparation, posting and administration of shift schedules is the responsibility of the Employer.

B1.07 The Employer shall set up a shift schedule which shall cover a minimum period of one (1) week, posted two (2) weeks in advance of the commencement of the scheduled period, which will cover the normal requirements of the work area.

B1.08 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

B1.09 Where a new shift schedule has to be introduced by the Employer or an existing shift schedule has to be modified, the Employer, in advance, except in cases of emergency, will consult with the Institute on the timing of such shifts.

B1.10 Attendance Registers

Employees will submit monthly attendance registers; only hours of overtime and absences need to be specified.

B1.11 Compressed Work Week

Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete their weekly hours of employment in a period 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 decimal five (37.5) 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 such employee.

B1.12 Consultation Regarding Change in Hours

The representative of each of the parties hereto shall, during the currency of this agreement, meet and consider the practicality of instituting work schedules that vary from seven decimal five (7.5) hours per day, Monday through Friday each week, and/or vary from five (5) days per week. The parties shall make every reasonable effort to establish mutually acceptable work schedules that are consistent with operational requirements and shall particularly consider any specific proposals made by an employee or employees. If employees’ requests for a variation in hours of work are consistent with the needs of the operational requirements, then such requests shall be implemented.

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.

B1.13 For an employee who completes required hours of work pursuant to clause B1.12, the agreement shall be administered as follows:

(a) Article A7 – Interpretation and Definitions

Sub-clause A7.01(e) “daily rate of pay” shall not apply.

(b) Article B5 – Designated Paid Holidays

A designated paid holiday shall account for seven decimal five (7.5) hours.

B1.14 Shift Premium

An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours (including overtime hours) worked between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between 8:00 a.m. and 4:00 p.m.

B1.15 Weekend Premium

(a) An employee shall receive an additional premium of two dollars ($2.00) per hour for work on Saturday and/or Sunday for hours worked as stipulated in sub-clause B1.15(b) below.

(b) Weekend premium shall be payable in respect of all regularly scheduled hours at straight-time hourly rates worked on Saturday and/or Sunday.

** ARTICLE B2

OVERTIME

B2.01 An employee at Level CS-01, CS-02, CS-03 or CS-04 who is required to work overtime shall be compensated as follows:

(a) on a normal work day at the rate of time and one-half (1½) for the first seven decimal five (7.5) overtime hours worked and double (2) time thereafter;

(b) on days of rest at the rate of time and one-half (1½) for the first seven decimal five (7.5) overtime hours worked and double (2) time thereafter except, that when an employee is required by the Employer to work on two (2) or more consecutive and contiguous days of rest such employees shall be compensated on the basis of double (2) time for all hours worked on the second and each subsequent day of rest;

(c) where an employee is required to work a continuous period of overtime during which he or she becomes entitled to be paid at the double (2) time rate, the employee will continue to be paid at that rate until the conclusion of the overtime period;

(d) no employee will be required to work more than twenty-four (24) continuous hours without a break of at least twelve (12) hours before reporting back to work.

B2.02 Meal Allowance

** (a) An employee who works three (3) or more hours of overtime immediately following such employee’s normal hours of work shall be reimbursed his or her expenses for one meal in the amount of twelve dollars ($12.00) except where free meals are provided.

** (b) For each four (4) hours an employee works overtime continuously extending beyond the period provided in (a) above, such employee shall be reimbursed for one additional meal in the amount of twelve dollars ($12.00) except where free meals are provided.

** (c) Reasonable time with pay, to be determined by the Employer, shall be allowed in order that the employee may take a meal break either at or adjacent to his or her place of work.

(d) This clause shall not apply to an employee who is in travel status that entitles the employee to claim expenses for lodging and/or meals.

B2.03 Reporting Pay

When an employee is required to report for work on a day of rest or a designated paid holiday, the employee shall be paid the greater of:

(a) compensation at the applicable overtime rate, or

(b) compensation equivalent to four (4) hours’ pay at the employee’s hourly rate of pay, except that the minimum of four (4) hours’ pay shall apply the first time only an employee is required to report for work during a period of eight (8) hours, starting with the employee’s first reporting.

If an employee is given instructions during his or her workday to work non‑contiguous overtime on that day and works such overtime, the employee shall be paid for the time actually worked, or a minimum of two (2) hours’ pay at the straight-time rate, whichever is greater.

B2.04 General

Employees shall record starting and finishing times of overtime work in a form determined by the Employer.

B2.05 All calculations for overtime shall be based on each complete period of fifteen (15) minutes.

B2.06 Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours’ notice of any requirement for overtime.

B2.07 The Employer will endeavour to make payments for overtime in the month following the month which the credits were granted.

B2.08 When, in a situation involving overtime, an employee is required to report to work before public transportation services have commenced, or to remain at work or to return to work after normal transportation services have been suspended, the use of a taxi or the payment of kilometric rate, as appropriate, shall be authorized from the employee’s residence to the workplace and/or return if necessary.

ARTICLE B3

CALL-BACK

B3.01 When an employee, after having completed his or her normal hours of work, has left the place of work and prior to reporting for his or her next regular scheduled work period, is called back to work for a period of non-contiguous overtime, the employee shall be paid the greater of:

(a) the minimum of three (3) hours’ pay at the applicable overtime rate; or

(b) compensation at the applicable rate of the overtime worked.

B3.02 When an employee is called back to work under the conditions described in clause B3.01 and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:

(a) kilometric allowance at the rate normally paid by the Employer where the employee travels by means of his automobile; or

(b) out-of-pocket expense for other means of commercial transportation.

Time spent by the employee called back to work or returning to his or her residence shall not constitute time worked.

**ARTICLE B4

STAND-BY

B4.01 When the Employer requires an employee to be readily available on stand-by 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 or she has been designated as being on stand-by duty.

B4.02 An employee designated by letter or by list for stand-by duty shall be readily available during his or her period of stand-by at a known telephone number and be able to return for duty as quickly as possible if called. In designating employees for stand-by duty, the Employer will endeavour to provide for the equitable distribution of stand-by duties.

B4.03 No stand-by duty payment shall be granted if an employee is unable to report for duty when required.

B4.04 An employee on stand-by duty who is required to report to work shall be paid, in addition to the stand-by pay, the greater of:

(a) the applicable overtime rate for the time worked; or

(b) the minimum of three (3) hours’ pay at the applicable rate for overtime; except that this minimum shall apply once during a single period of eight (8) hours’ stand-by duty.

B4.05 When an employee on stand-by duty is called back for work under the conditions described in clause B4.04 and is required to use transportation services other than normal public transportation services, the employee shall be compensated in accordance with clause B3.02 of this Agreement.

B4.06 The Employer agrees that in the areas and in the circumstances where electronic paging devices are both practicable and efficient, such devices will be provided without cost to those employees on stand-by duty.

ARTICLE B5

DESIGNATED PAID HOLIDAYS

B5.01 Subject to clause B5.02, the following days shall be designated paid holidays for employees:

(a) New Year’s Day,

(b) Good Friday,

(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday,

(e) Canada Day,

(f) Labour Day,

(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,

(h) Remembrance Day,

(i) Christmas Day,

(j) Boxing Day,

(k) one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed; or in any area where, in the opinion of the Employer, no such day is recognized as a provincial or civic holiday, the first Monday in August, and

(l) one additional day when proclaimed by an Act of Parliament as a National Holiday.

B5.02 An employee absent without pay on both his or her full working day immediately preceding and his or her 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 C5 – Leave for Staff Relations Matters.

B5.03 Designated Paid Holiday Falling on a Day of Rest

When a day designated as a paid holiday under clause B5.01 coincides with an employee’s day of rest, the holiday shall be moved to the employee’s first normal working day following his or her day of rest.

B5.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause B5.03:

(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.

B5.05 Designated Paid Holiday coinciding with a Day of Paid Leave

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 B5.03, that day shall count as a holiday and not count as a day of leave.

B5.06 Compensation for Work on a Paid Holiday

Compensation for work on a paid holiday shall be as follows:

(a) on a designated paid holiday, at the rate of time and one-half (1½) for each first seven decimal five (7.5) hours worked and double (2) time thereafter;

(b) when an employee works on a holiday, which is not his scheduled day of work, contiguous to a day of rest on which the employee also worked, such employee shall be compensated on the basis of double (2) time for each hour worked.

**ARTICLE B6

TRAVELLING TIME

B6.01 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.

B6.02 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses B6.03 and B6.04. Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.

B6.03 For the purposes of clauses B6.02 and B6.04, the travelling time for which an employee shall be compensated is as follows:

(a) 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.

(b) 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 workplace, as applicable, directly to his or her destination and, upon his or her return, directly back to his or her residence or workplace.

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