AGREEMENT
– between –
Canadian Nuclear Laboratories (CNL)
and
THE PROFESSIONAL INSTITUTE OF THE
PUBLIC SERVICE OF CANADA
in respect of the
CHALK RIVER PROFESSIONAL
EMPLOYEES GROUP (CRPEG)
for the period
2018 January 01 – 2020 December 31
2018 Chalk River Professional Employees Group Executive
|
Position |
Name |
Extension |
Station |
|
President |
Jonathan Fitzpatrick |
42447 |
596A |
|
Vice President |
Raghu Rao |
44500 |
83 |
|
Secretary |
Clifford Dugal |
43757 |
KEYS |
|
Treasurer |
Bob Radenovic |
45141 |
JLG |
|
Chief Steward |
David Pilgrim |
46398 |
464T |
|
PIPSC Relations Officer |
Noel Harrison |
46529 |
63 |
|
Negotiations Officer |
Matt Crowe |
44268 |
17 |
|
Communications Officer |
Kourosh Khosravi |
46471 |
67 |
|
Special Assignments Officer |
Curtis Russell |
46759 |
701 |
Table of Contents
ARTICLE 2 – RESERVATION OF MANAGEMENT RIGHTS
ARTICLE 3 – LEGISLATION AND EMPLOYEE RIGHTS
ARTICLE 5 – NO STRIKE OR LOCKOUT
ARTICLE 6 – ESSENTIAL SERVICES
ARTICLE 7 – NON-CONTINUING PROFESSIONAL PERSONNEL
ARTICLE 8 – INFORMATION AND NOTIFICATIONS
ARTICLE 10 – FLEXIBLE WORKING ARRANGEMENTS
ARTICLE 12 – PREMIUMS AND ALLOWANCES
ARTICLE 15 – OTHER LEAVE PLANS
ARTICLE 16 – INCOME PROTECTION FOR ILLNESS AND DISABILITY
ARTICLE 18 – GROUP INSURANCE PLANS
ARTICLE 19 – WORKFORCE ADJUSTMENT PROCESS
ARTICLE 20 – PART-TIME EMPLOYEES
ARTICLE 22 – JOINT CONSULTATION
ARTICLE 23 – INSTITUTE REPRESENTATION
ARTICLE 24 – DISPUTE RESOLUTION PROCEDURE
ARTICLE 27 – PERSONNEL RELIABILITY AND SECURITY
ARTICLE 28 – EMPLOYEE LIABILITY AND LEGAL REPRESENTATION
ARTICLE 29 – EMPLOYEE PERFORMANCE APPRAISALS
ARTICLE 30 – CAREER AND PROFESSIONAL DEVELOPMENT
ARTICLE 32 – INTERNAL COMPETITIONS AND TRANSFERS
ARTICLE 33 – PUBLICATION AND AUTHORSHIP
ARTICLE 34 – SALARY ADMINISTRATION
ARTICLE 35 – TERMINATION COMPENSATION
ARTICLE 36 – DURATION AND AMENDMENT OF AGREEMENT
APPENDIX A – LIST OF COMPANY POLICIES AND PROCEDURES
APPENDIX B – HOURS AVERAGING BETWEEN CNL AND PIPSC IN RESPECT OF CRPEG
APPENDIX C – DOMESTIC TERMS AND CONDITIONS (CANADA & USA)
APPENDIX E – MYBENEFITS AT A GLANCE
APPENDIX F – LIST OF ARBITRATORS
APPENDIX G – GUIDANCE DOCUMENT FOR THE JOINT CONSULTATION SUB-COMMITTEE ON C&PD
ANNEX 1 – NON-CONTINUING PROFESSIONAL PERSONNEL
ANNEX 2 – SUPPLEMENTAL TO THE COLLECTIVE AGREEMENT
ANNEX 5 – VOLUNTARY TERMINATION PROGRAM
ANNEX 6 – LANGUAGE CHANGE FROM AECL TO CNL
ANNEX 7 – CSE COMPENSATION SYSTEM
ANNEX 8 – CRPEG PERFORMANCE REVIEW GUIDELINES
COLLECTIVE AGREEMENT
between
CANADIAN NUCLEAR LABORATORIES (CNL)
a Company defined in the Atomic
Energy Control Act, hereinafter
Called “the Company”
and
THE PROFESSIONAL INSTITUTE OF THE
PUBLIC SERVICE OF CANADA
in respect of the
CHALK RIVER PROFESSIONAL
EMPLOYEES GROUP (CRPEG)
representing certain employees of
the Company, hereinafter called
“The Institute”
The Company and the Institute agree as follows:
GENERAL
PREAMBLE
The purpose of this Agreement is to establish and maintain a harmonious and mutually beneficial working relationship between the parties. In administering this Agreement, we will work together and exhibit mutual trust, understanding, sincerity, and co-operation. Should differences or misunderstandings occur, we will resolve them promptly through full and open discussions within the terms of our dispute resolution process.
We support and encourage policies and practices that reflect our commitment to: a safe, efficient and competitive world class nuclear science and technology business for the maximum benefit of Canada; professional excellence, employee job satisfaction and career development; fair and competitive terms and conditions of employment; employment equity; continuous improvement in quality and efficiency; and a safe and healthy working environment which is free from harassment and discrimination and which recognizes the full worth and integrity of all employees.
ARTICLE 1 – RECOGNITION
1.01 The Employer recognizes the Institute as the exclusive bargaining agent for the bargaining unit comprised of all professional employees of Canadian Nuclear Laboratories, Chalk River, performing engineering or scientific work for the Chalk River establishment, excluding casual employees and all persons at the organizational level of branch manager or above, as described in the certificate issued by the Canada Labour Relations Board dated 1993 July 07.
1.02 Consistent with the bargaining unit definition, the parties agree appropriate educational requirements for members of the bargaining unit are, at minimum:
(a) Bachelors (Honours) in Engineering or Science from a university of recognized standing; or
(b) membership in an engineering or scientific professional organization authorized by statute to establish qualification for membership in that organization.
The parties agree an appropriate alternative educational qualification for Project Leader is a certificate from the Project Management Institute. The parties agree that the minimum qualifications for OPEX Program Specialist is a technical diploma plus three (3) years relevant operations experience.
The parties recognize the encumbrance of bargaining unit positions by employees who do not possess the educational qualifications referenced above. Any such employees hired before 2010 April 15 shall remain unaffected by this clause.
Should the Company propose to hire an employee who does not possess the minimum qualifications of the position, that employee shall only be hired with written consent of the Institute.
1.03 The parties recognize that amendments to the terms and conditions of employment shall be by mutual consent.
1.04 The Company and the Institute agree that “students”, “Post-Doctoral Fellowships”, “casual employees”, “contract personnel” and “attached staff”, as defined in Article 7 (Non-Continuing Professional Personnel) shall not be included in the bargaining unit.
1.05 The parties recognize this Collective Agreement as outlining the terms and conditions of employment. Any additional monetary compensation shall only be provided through written consent of the Institute.
ARTICLE 2 – RESERVATION OF MANAGEMENT RIGHTS
2.01 The Institute acknowledges that it is the responsibility of the Company, subject to the provisions of this Agreement, to:
(a) Maintain order, discipline and efficiency and, to this end, make and alter from time to time the rules and regulations to be observed by employees;
(b) Hire, discharge, transfer, promote, demote, suspend, lay off, or discipline employees;
(c) Generally manage the enterprise in which the Company is engaged and, without restricting the generality of the foregoing, determine: the research, development and production programs and schedules; staffing and facilities; the methods, systems and processes to be used; and the control of all equipment, materials and facilities used.
ARTICLE 3 – LEGISLATION AND EMPLOYEE RIGHTS
Conflict with Legislation
3.01 Should any provision of this Agreement be found to be in conflict with an applicable statute, then the parties shall meet and determine a satisfactory settlement of the provision in conformity with the statute. The remaining provisions of the Agreement shall continue to be operative and binding on both parties. Nothing in this Agreement shall be construed as an abridgement or restriction of any employee’s constitutional rights or of any right expressly conferred by an Act of the Parliament of Canada.
Discrimination and Harassment
3.02 There shall be no discrimination, interference, restriction, coercion, harassment, or intimidation exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin, religious affiliation, sex, sexual orientation, disability, conviction for which a pardon has been granted, marital status, family status or membership or lawful activity in the Institute.
3.03 The Institute and the Company recognize the right of employees to work in an environment free from harassment and agree that harassment will not be tolerated in the workplace.
Picket Lines
3.04 The Company will not expect an employee to cross a picket line if to do so would place the employee’s life, limb or personal property in jeopardy.
ARTICLE 4 – COMPANY RULES
4.01 The Parties recognize the need for The Company to modify its rules in accordance with its business interests without detrimentally changing the current rights or conditions of employees. To this end, the subsequent process for changes to Company Policies and Procedures shall be followed.
4.02 A copy of all Standard Policies and Procedures and general communications to employees will be forwarded to the President of the Chalk River Professional Employees Group.
4.03 New and revised Standard Policies and Procedures that affect terms and conditions of employment not referenced in the Collective Agreement will be provided to the Chalk River Professional Employees Group for comment(s) prior to implementation and, when issued, will be posted on bulletin boards for ten (10) working days.
4.04 Any references to Company Policies and Procedures in the Collective Agreement will be deemed to mean the versions of the Policies and Procedures in effect at the date of the previous Collective Agreement expiry.
4.05 Policies and Procedures referenced in the Collective Agreement shall be modified by agreement of both parties. In the event the Company wishes to update any of the Policies or Procedures referred to in the Collective Agreement, a copy of the proposed amendments shall be sent to CRPEG for their review and approval.
4.06 Should the Parties be unable to reach agreement on any proposed changes to Company Policies and Procedures that are referenced in the Collective Agreement, the matter will be referred to mediation.
ARTICLE 5 – NO STRIKE OR LOCKOUT
5.01 There shall be no strikes, walk-outs, lockouts, slowdowns, or other similar interruptions of work during the term of this Agreement.
5.02 The definition of strike shall be that as laid down in Part I of the Canada Labour Code.
ARTICLE 6 – ESSENTIAL SERVICES
6.01 If at any time during, or after the termination of this Agreement, the employees represented by the Institute should engage in a stoppage of work, the Institute and the Company will meet in advance to negotiate an Agreement respecting the maintenance of essential services, such as protection of Company property and the preservation of public safety.
ARTICLE 7 – NON-CONTINUING PROFESSIONAL PERSONNEL
7.01 Both parties recognize that situations may arise which result in peaking manpower demand, or requirements for special skills and expertise not otherwise available. Subject to the provisions of this Article, the Company may continue to utilize from time to time Non-Continuing Professional Personnel as defined in 7.02 and 7.03 below.
7.02 The following categories of persons are not members of the bargaining unit:
(a) A “student” is an employee who is hired on a part-time or short-term basis, either during the student’s normal vacation period or a work term to fulfill the student’s normal educational curriculum. A student who has completed or suspended the student’s course of training is excluded from this definition.
(b) Post Doctoral Fellows will be hired on a two (2) year term assignment, with the option to renew for one (1) additional year. The Company will grant up to a maximum of twenty (20) Post Doctoral assignments at any one time. The maximum length of assignments will be three (3) years. Post Doctoral Fellows will perform research in a selected discipline.
(c) “Casual employees” are those employees hired on a casual roster for a period of twelve (12) months and are only paid for actual days worked. Casual employees will be eligible for up to one (1) month of continuous employment in this twelve (12) month period. Casual employees shall not work more than 800 hours in a twelve (12) month period.
(d) “Contract personnel” are those persons hired from other organizations to provide temporary professional services of up to twenty-four (24) months duration.
(e) “Attached staff” are employees of other CNL sites or other organizations who are on temporary assignment at Chalk River Laboratories.
(f) “Reach Back personnel” are subject matter experts with specialized skills or knowledge that are not available within the CNL workforce and come from one of the parent companies. Assignments are for a duration of up to twenty-four months and for a specific scope, performing CRPEG work.
The number of Non-Continuing Professional Personnel and duration of assignment for, the categories specified in (b), (c) (d), and (f) above shall not be exceeded without the written agreement of CRPEG. CRPEG shall not unreasonably withhold agreement. Requests for contract extension beyond the original duration shall require justification from line management, review by HR, and approval by CRPEG. Disputes may be brought to JCC or “if grieved” filed at Step 2 in the dispute resolution procedure in accordance with Article 23.
7.03 The following categories of persons are members of the bargaining unit:
(a) “Short-term employees” are employees hired to carry out term assignments of more than one (1) month but no more than six (6) months duration which require them to work thirty-seven and one-half (37 1/2) hours or forty (40) hours per week as stipulated in this Agreement, and who cease to be employed when the jobs for which they were hired have been completed. An employee in this category is a member of the bargaining unit and is covered by the provisions of this Agreement with the exception of pension coverage, long term disability coverage and dental coverage in accordance with the document Part-Time, Short-Term and Student Employees (Salaried) – Benefit Programs” (see Appendix A). An employee in this category whose term is extended beyond six (6) months becomes a “Term employee” as defined in (b) below.
(b) “Term employees” are employees hired for between six (6) and twenty-four (24) months to carry out special term assignments. The term of such employment shall be related to the scheduled length of the work requirement. Term employees are required to work thirty-seven and one-half (37 1/2) hours or forty (40) hours per week as stipulated by this Agreement, but who cease to be employed when the jobs for which they were hired have been completed. Any extension of the initial term will be subject to Institute agreement, but no extension shall exceed two (2) years. Where a term extension does not adversely affect the job security of any continuing professional personnel with appropriate skills, the Institute shall not unreasonably withhold agreement.
7.04 It is the intention of the parties that Non-Continuing Professional Personnel shall not be used in place of posting for a continuing or term position within the bargaining unit. To this end, the Company will notify, provide an explanation for, and participate in discussion with the President of the Chalk River Professional Employees Group as follows:
(a) in advance of its intention to utilize casual, short-term, term, contract personnel and reach back personnel performing CRPEG work; and
(b) where attached staff from other CNL sites are to be assigned to Chalk River Laboratories for periods of six (6) months or more.
7.05 A sequence of appointments of Non-Continuing Professional Personnel, including Researcher Emeritus as defined in Procedure 00-222.1 “Appointment of Engineer/Researcher Emeritus”, will not be used in place of a continuing position.
7.06 The Company shall review its skills inventory when considering a position for non-continuing professional personnel. Where casual, short-term, contract, term, attached professional personnel and reach back personnel are utilized for specialized skills not available in the bargaining unit, the Company will facilitate the acquisition of these skills within the bargaining unit where the Company determines there is a sufficient continuing need for the skill involved.
7.07 Non-Continuing Professional Personnel utilized in accordance with this Article will cease to be employed when the specific duty or work term for which they were hired has been completed. Such individuals will be advised of the short-term nature of their employment.
The Chalk River Professional Employees Group (CRPEG) recognizes the employer’s need to engage contracted services from time-to-time, as outlined in Article 7 of the CRPEG Collective Agreement. When engaging in discussion concerning the use of contracted staff, CRPEG will customarily seek the following information from the employer for each proposed contract.
1. Justification of the decision to use a contractor (in place of other options).
2. A general description of the work to be performed.
3. Intended start- and end-date of the contract, including the estimated number of labour-hours.
4. Identification of the responsible supervisor and manager.
5. Whether there is a continuing need for the skills/expertise provided by the contractor. If yes, a plan should be provided as to how the knowledge and skills will be transferred to a CRPEG member for future assignment of the work.
6. The scope of knowledge-transfer.
7. The specific contractor’s engagement history with CNL.
In cases of an extension to previous contract(s), the following additional information will also be sought.
8. Hours previously worked.
9. Progress on knowledge and skills transferred as per the plan identified in #5.
10. Whether quarterly report(s) were submitted to CRPEG and the Non-Continuing Professional Personnel (NCPP) Committee.
As implied above, it is expected that the Non-Continuing Professional Personnel Committee will receive quarterly updates on the use of the contractor, to ensure that transfer of knowledge and skills is occurring as planned.
ARTICLE 8 – INFORMATION AND NOTIFICATIONS
8.01 The Company will provide a list in electronic format to the President of the Chalk River Professional Employees Group indicating:
a) The names of persons employed as Chalk River Professional Employees Group as casual, short term, term positions at CNL Chalk River Laboratories on a monthly basis.
b) The names of employees filling all management positions, as well as non-management positions at levels M12 and above, at Chalk River Laboratories on a quarterly basis.
c) Attached Staff and reach back personnel performing CRPEG work report on a quarterly basis.
d) On a quarterly basis contract personnel providing engineering/scientific professional or management consulting services. The list will indicate the contractor name, start and end date, and the responsible manager. The list of management consultants will be made up of all names where the responsible manager is below the level of General Manager. The Company will provide CRPEG on a quarterly basis the number of management consultants reporting to a General Manager or higher level at CRL. It is understood that the agreement of the Company with respect to management consultants is limited to providing the list of management consultants. To be clear, for example, it is not intended that Article 7.04 apply to management consultants.
e) On a quarterly basis, the names, duration and scope of research for all Post Doctoral Fellows.
f) Employees on leave of absence in accordance with the Memorandum of Agreement re: Leaves of Absence on a quarterly basis. Specifics shall include employee name, job title (home position), nature of absence, acting job title, start date, and expected end date.
g) The list of CRPEG employees on continuous on-call, on a quarterly basis.
h) When external hires occur, the Company will provide the name of the new employee and the associated job vacancy number of the competition in which they were successful.
Salary Information
8.02 By July 15th of each year, the Company shall provide an itemized current salary listing, sorted by organization unit typically led by direct reports to the Vice President, in an electronic format to the President of the Chalk River Professional Employees Group containing the information identified below:
(a) year of Bachelor, year of Masters, year of PhD;
(b) salary and pay grade as of June 30;
(c) July 1st scale, merit, and special adjustment, where applicable;
(d) salary and pay grade as of July 01;
(e) comment field for information such as term, leave of absence, long term disability, delayed merit adjustment, part-time, where applicable;
(f) most recent date of hire;
(g) performance rating.
The accuracy of the information in (a) above is dependent upon that supplied by individual employees.
Competitions
8.03 Notification of competitions shall be provided in accordance with Article 32.06.
Lay-Off
8.04 Notices of lay-off shall be provided to the Chalk River Professional Employees Group and employees in accordance with Article 19, Workforce Adjustment Process.
Institute Information for New Employees
8.05 The Company agrees to supply each new employee with a copy of the Agreement and any amendments thereto.
8.06 Each new employee will be informed of the name of the Institute representative in the area in which the employee will be working or, where there is no appropriate representative, the name of the President of the Chalk River Professional Employees Group. The Company will notify the Chalk River Professional Employees Group of the name and location of the new employee.
Bulletin Boards
8.07 The Company agrees to provide access to bulletin board space for the use of the Institute. It is understood that postings, which may be of a controversial nature, will be discussed with Employee Relations staff before posting.
Career Advancement
8.08 In accordance with Article 31, in cases where the Company considers an employee below the CSE 4 level to have reached the limits of career advancement, the employee and the Institute will be so advised.
WORKING CONDITIONS & BENEFITS
ARTICLE 9 – HOURS OF WORK
Definitions
9.01
(a) For the purposes of this Agreement, the week shall commence at 00:05 hours Sunday and extend to 00:05 hours the following Sunday. The day is a twenty-four (24) hour period commencing at 00:05 hours.
(b) For shift employees, Company Holidays as specified in Article 14 (Company Holidays) will be deemed to commence at 07:05 hours and continue for a twenty-four (24) hour period on the calendar day specified in Article 14.01 of the Collective Agreement and end at 07:05 hours the following calendar day.
Day Operations
9.02
(a) The normal workweek for employees shall be thirty-seven and one-half (37 1/2) hours worked during the period Monday to Friday. The normal workday shall begin at 08:15 hours and end at 16:25 hours, with a normal unpaid lunch period of forty (40) minutes per day.
(b)The normal work year shall be nineteen hundred and fifty (1950) hours.
Change in Normal Hours of Work
9.03
(a) The parties recognize that the operation of certain branches or facilities may on occasion require a change in normal hours of work for a defined temporary period. In advance of any such requirement, management will consult with affected employees in the development of such a work schedule. In the event a change in the normal hours of work occurs without a minimum of three (3) days’ notice, overtime rates will apply for the duration of the first shift of the altered schedule. Management will make every reasonable effort to minimize the number of employees affected and the number of occasions where normal hours of work are altered, especially those requiring normal hours to be worked outside the normal workweek (Monday to Friday).
(b) When employees are required to alter their workday in order to accommodate a change in the normal hours of work, for the purpose of pay they shall be deemed to have completed the normal workday.
Shift Operations
Day Operations 4×10 Hour Shift – 40 Hour Work Week
9.04 For Facilities Decommissioning, Waster Management and Environmental Remediation and Waste Operations employees who have elected to work this schedule (a) The normal workweek for employees on a four (4), ten (10) schedule shall be forty (40) hours per week Monday to Thursday, 7:00 a.m. to 5:30 p.m. The normal workday shall be ten (10) hours with a normal unpaid lunch period per day of thirty (30) minutes.
9.05 The workweek for employees in shift work operations shall be forty (40) hours per week averaged over a six (6) week cycle of rotating 12-hour shifts.
(a) Where the Company is required by a regulatory agency to modify the shift schedule provided under this Agreement, or when the Company wishes for reasons of cost effectiveness or operational efficiency to introduce a different work schedule, the parties shall meet to discuss the need for a change and determine the optimum method of changing the shift schedule accordingly.
(b) Each day of the year shall be divided into two (2) shifts as follows:
(i) day shift – from 07:05 hours to 19:05 hours
(ii) night shift – from 19:05 hours to 07:05 hours
(iii) for departments that implement a 5 shift rotation, an example shift schedule as outlined below, provides an average of forty hours per week for each full five-week period. Any variation of the shift schedules will be communicated in advance and will follow the guidelines identified in Article 9.04 Change in Normal Hours of Work. To attain the forty-hour average, each employee will be assigned to one of five rotating shifts working fourteen 12-hour shifts during the first four weeks (Weeks 1-4 inclusive) and on the fifth week (week 5) work four 8-hour days in five week cycles. The fifth week is referred to as the Supernumerary week.
Example
- The day shift shall commence at 07:05 hours and end at 19:05 hours the same calendar day.
- The night shift shall commence at the 19:05