MEMORANDUM OF AGREEMENT
THE CANADIAN FOOD INSPECTION AGENCY
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
(the “Bargaining Agent”)
Whereas the Bargaining Agent represents employees of the Canadian Food Inspection Agency currently classified under the Regulatory Science (SR) Occupational Group; and recognized to be part of the Scientific and Analytical Bargaining Unit (S&A); and
Whereas the Employer implemented the new SR Occupational Group effective April 2015, converting positions previously classified in the Agriculture Group (AG), Biological Sciences Group (BI), and Chemistry Group (CH); and
Whereas the Bargaining Agent and the Employer agree that the newly implemented SR Occupational Group role descriptors may not thoroughly describe the duties and responsibilities of the positions; and
Whereas the Bargaining Agent and the Employer agree that some of the positions currently classified under the SR Occupational Group may be better aligned with positions classified in other occupational groups in the Core Public Administration, including with those within the Scientific Regulation (SG) Group.
1. The Employer is committed to working in collaboration with the Bargaining Agent in completion of a fulsome review of the Regulatory Science (SR) Occupational Group.
2. By January 31, 2019, the Parties will commence a review process of the existing SR Occupational Group and the positions classified within, as well as considerations regarding whether certain SR positions may be better aligned with positions classified in the Scientific Regulation (SG) Group or other occupational groups in the Core Public Administration. This will be established through the development of a Joint Consultation Committee comprised of an equal number of both Employer and Bargaining Agent representatives, which will complete its Terms of Reference by mutual agreement by February 15, 2019.
3. Collaboration will include meaningful participation of both the Employer and the Bargaining Agent in discussions on the current occupational group classification standard, the content of the SR work descriptions (also referred to as role descriptors) and considerations regarding the group allocation. It will also include consultation by the Employer with the Bargaining Agent on the development of updated work descriptions which will be developed in accordance with work description writing guidelines and classification standard(s).
4. Notwithstanding that classification is under the Employer's exclusive authority as recognized in the Financial Administration Act, the Employer is committed to engaging in meaningful consultation with the Bargaining Agent with respect to the review of the SR Occupational Group and the positions classified within. In that regard, the Parties commit to meaningful consultation regarding the proposed updated work descriptions to be developed through the process outlined in this Agreement.
5. The Parties acknowledge the value of accurate work descriptions to ensure clarity of duties and responsibilities, and the value of mutually agreeing to their content. In an effort to proactively avoid the need for any future job content grievances relating to the updated work descriptions to be developed from this process and to expedite their finalization and implementation, the Parties agree that:
a. If a majority of the Joint Consultation Committee cannot agree to the job content of the work description, it will be remitted to a mutually agreeable third party for mediation and/or adjudication. In the event that the Parties cannot agree on an objective third party, the determination of a third party mediator/adjudicator will be remitted to the Federal Public Sector Labour Relations and Employment Board Mediation and Dispute Resolution Services for resolution.
b. The Parties understand that this unique process is specific to the current SR review, is intended to expedite the finalization of all work descriptions and their evaluation/classification by December 31, 2019.
6. The Parties acknowledge that the finalized work descriptions will be evaluated and classified by a CFIA classification committee in accordance with the established process. The evaluation and classification process may happen concurrently to the work of the Joint Consultation Committee.
7. The Bargaining Agent agrees that job content developed wholly as a result of the process outlined in this Agreement for the SR work descriptions shall not be grieved. If the job content is modified unilaterally by the Employer or external to the process defined by this Agreement, it shall be subject to the regular grievance process.
8. The Parties agree that responsibilities for evaluating and rating positions rest solely with the Employer. The Parties agree to consult regarding the methodology to be used for the evaluation of work descriptions developed and updated through the process outlined in this Agreement.
9. The collaborative and consultative work outlined in this Agreement may take place in a variety of ways between the Bargaining Agent and the Employer, including the formation of the Joint Consultation Committee referenced in Paragraph 2.
10. All reasonable time spent by employees in support of the Joint Consultation Committee shall be deemed to be leave with pay for union activities.
11. All current SR classification and job content grievances shall be placed in abeyance until the completion of the process agreed to in the Agreement.
12. The Bargaining Agent agrees not to undertake any further classification grievances relating to the SR classification until the evaluation process for the position is complete. This is without prejudice to an employee’s right to file a grievance related to matters beyond the scope of this Agreement.
13. The Parties agree that they are entering into this process in good faith.
14. The Parties agree that the terms of this Agreement arise from the unique circumstances relating to the SR Occupational Group and are without prejudice or precedent to any other similar or related matter that may arise between them.
The Parties agree that this Memorandum of Agreement shall not form part of the Collective Agreement.
SIGNED AT Ottawa, Ontario.
Canadian Food Inspection Agency