Museum of History Collective Agreement

A1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Museum, 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 A2 – RECOGNITION

A2.01 The Museum recognizes the Professional Institute of the Public Service of Canada as the exclusive bargaining agent for all employees described in the certificate issued by the Canada Labour Relations Board on July 16, 1992, and as amended by the Board on May 14, 1993.

ARTICLE A3 – APPLICATION

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

A3.02 In this Agreement, the masculine gender is used without discrimination and only to lighten the text.

ARTICLE A4 – MANAGEMENT RIGHTS

A4.01 All the functions, rights, powers and authority which the Museum has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Museum.

A4.02 Contracting Out

The Museum will give all reasonable consideration to give employment in the Museum to employees who would otherwise become redundant because work is contracted out.

ARTICLE A5 – INTERPRETATION AND DEFINITIONS

A5.01 For the purpose of this Agreement,

(a) "bargaining unit" means the employees of the Museum as defined in the certificate issued by the Canada Industrial Relations Board on July 16, 1992 and amended May 14, 1993;

(b) a "spouse" will, when required be interpreted to include “common-law spouse”;

“Common-law spouse” relationship exists when, for a continuous period of at least one (1) year, an employee has lived with a person, publicly represented that person to be his or her spouse and continues to live with the person as if that person were his or her spouse;

For the purposes of calculating years of uninterrupted employment in relation to severance pay and notice of layoff only, continuous employment for employees hired prior to July 1, 1990, also means the service recognized by the parties as defined in the "years of service list". This service shall be credited to the employee and will continue to accrue;

(d) "Museum" means the Canadian Museum of History, which includes the Canadian War Museum, as established under the Museum Act, including all of its properties and establishments;

(e) "daily rate of pay" means an employee's weekly rate of pay divided by five (5);

(f) "holiday" means the twenty-four (24)-hour period commencing at 00:00 hours of a day designated as a holiday in this Agreement;

(g) "double time" means two (2) times the employee's hourly rate of pay;

(h) "employee" means a person so defined in the Canada Labour Code, and who is included in the Bargaining Unit;

(i) "day of rest" in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of their position other than by reason of their being on leave or absent from duty without permission;

(j) (i) "full-time employee" means an employee who regularly works the hours of work established in the Hours of Work Article;

(ii) "part-time employee" means an employee who regularly works less than the normal hours of work of a full time employee;

(iii) "temporary employee" means an employee who is hired for the purpose of:

(a) replacement of permanent employees who are on leave with or without pay, or

(b) temporary assignments with budgetary or specified time limits, or

(iv) "permanent employee" means an employee who is hired for an indeterminate period;

(k) "hourly rate of pay” means a full-time employee's weekly rate of pay divided by thirty-seven and one-half (37.5);

(l) "Institute" means the Professional Institute of the Public Service of Canada;

(m) "lay off" means the termination of an employee's employment because of lack of work or because of the discontinuance of a function. The end of a temporary employee's specified period of employment does not constitute a lay-off;

(n) "leave" means authorized absence from duty by an employee during their regular or normal hours of work;

(o) "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;

(p) "overtime" means:

(i) in the case of a full-time employee, authorized hours worked beyond the regular 7.5 hours of work per day or beyond the regular 37.5 hours of work per week,

(ii) 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;

(q) "time and one-half" means one and one half (1.5) times the employee's hourly rate of pay;

(r) "weekly rate of pay" means an employee's annual rate of pay divided by 52.176;

(s) “publication” – a publication consists of a book, book chapter, abstract, article or collection of articles in any medium.

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

ARTICLE A6 – OFFICIAL TEXTS

A6.01 Both the English and French texts of this Agreement are official.

CHAPTER B - WORKING CONDITIONS

ARTICLE B1 – HOURS OF WORK

B1.01 General

For the purpose of this Article,

(a) "day" means a twenty-four (24)-hour period commencing at 00:00 hour;

(b) "week" means a period of seven (7) consecutive days beginning at 00:00 hour Thursday morning and ending at 24:00 the following Wednesday.

B1.02

(a) Normal hours of work of employees shall be scheduled to provide for a work week of thirty-seven and one-half (37.5) hours and a scheduled work day of seven and one-half (7.5) consecutive hours, exclusive of a meal period, between the hours of 7:00 a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.

However, the employee shall be notified at least fourteen (14) calendar days in advance of the requirement to work when, due to operational requirements, the employee is scheduled to work outside of these hours as follows:

(i) thirty-seven and one-half (37.5) hours per week, or upon mutual agreement an average of thirty-seven and one-half (37.5) hours per week;

(ii) a work day of seven and one-half (7.5) consecutive hours, exclusive of a lunch period, between the hours of 6:00 and 24:00, in keeping with operational requirements;

(b) Two (2) consecutive days of rest will be scheduled during each seven (7) day period unless operational requirements do not so permit;

B1.03 Alternative Work Arrangement

(a) Upon request by the Museum, the Institute or an employee, the parties shall meet to review any changes in hours of work. Where operational requirements permit, the proposed changes shall be accommodated. It is understood that changes may include compressed work week, flexible hours, telework or job sharing;

(b) The parties recognize that, pursuant to the Canada Labour Code, a joint submission to the Minister of Labour may be required to implement the hours of work outlined in clause B1.02 (a). The parties agree to make these joint submissions as required to maintain these hours as long as the provisions of this Agreement are in effect. Neither party shall seek to unilaterally change the hours of work covered by the authorization.

ARTICLE B2 – OVERTIME

B2.01 All overtime must be pre-authorized by the Museum. Overtime that has not been pre-authorized may not be compensated.

B2.02 Each fifteen (15) minute period of overtime shall be compensated according to the following:

(a) on their normal work day, at the rate of time and one-half (1.5) for each hour of overtime worked;

(b) on their first day of rest, at time and one-half (1.5) for each hour of overtime worked;

(i) notwithstanding clause B2.02 (c) above, if, in an unbroken series of consecutive and contiguous calendar days of rest, the Museum permits the employee to work the required overtime on a day of rest requested by the employee, then the compensation shall be at time and one-half (1.5) for each hour of overtime worked;

(d)

(i) on a designated holiday, compensation shall be granted on the basis of time and one-half (1.5) for each hour worked, in addition to the compensation that the employee would have been granted had he not worked on the designated holiday,

(ii) when an employee works on a holiday, contiguous to a second day of rest on which he also worked and received overtime in accordance with clause (c) or (d) 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 their hourly rate of pay for all time worked.

B2.03 An employee shall be compensated at their regular rate of pay for all work performed during their normal scheduled hours of work.

B2.04 Where operational requirements permit, the Museum shall make every reasonable effort to give employees who are required to work overtime reasonable advance notice of this requirement.

B2.05 Overtime shall be compensated in cash except where, upon request of an employee and with the approval of the Museum, overtime may be compensated in equivalent leave with pay. Where overtime is replaced by compensatory leave, refer to article C11 – Compensatory Leave.

B2.06 RATES EFFECTIVE OCTOBER 1, 2004

(a) An employee who works three (3) or more consecutive hours of overtime immediately before or immediately following their scheduled hours of work shall be reimbursed for one (1) meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided. Reasonable time with pay to be determined by the Museum shall be allowed to the employee in order to take a meal either at or adjacent to their place of work.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in (a) above, the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided.

ARTICLE B3 – DESIGNATED PAID HOLIDAYS

B3.01 Subject to B3.02, the following days are designated paid holidays for the employees, including temporary employees:

(a) New Year’s Day

(b) Good Friday

(d) Canada Day

(e) Labour Day

(f) Thanksgiving Day

(g) Remembrance Day

(h) Christmas Day

(i) Boxing Day

(j) Easter Monday

(k) One additional day in each year, either St-Jean Baptiste Day for employees working in Quebec or the first Monday in August for employees working in Ontario.

B3.02

(a) The employee, including temporary employees, shall be granted the option of alternating up to two (2) of the Designated Paid Holidays listed in (j) and (k) above to other fixed days during the year. Such days shall be called “Alternate Designated Paid Holidays”. Employees who exercise the option of using alternate designated paid holidays shall not be entitled to any overtime premiums for work performed on the designated paid holiday being replaced by the alternate day. However, any hours worked on such a day beyond the regularly scheduled hours of work shall be compensated at the appropriate rate.

(b) The dates for observance of the alternate designated paid holiday(s) shall be determined at the beginning of each calendar year by each employee in consultation with their supervisor. This leave must be taken and cannot be accumulated from year to year.

(c) When an employee begins to work for the Museum between January 1st and June 30th, the employee shall be entitled up to two (2) alternate designated paid holidays noted in (a), otherwise the employee who begins to work for the Museum between July 1st and December 31st, shall be entitled to one (1) alternate designated paid holiday only.

(d) Should the employee, after determining the date(s) of the alternate designated paid holiday(s), request that such holiday(s) be changed to another day(s), and providing that sufficient notice is given, and operational requirements permit, such request shall not be unreasonably denied.

(e) Should the employee, after receiving approval for their alternate designated paid holiday(s) in accordance with the above, then be required to work on that date and does report to work, then this day shall be treated as a designated paid holiday and shall be compensated in accordance with the provisions of the Collective Agreement.

(f) When an employee leaves the Museum, and this employee was granted alternate designated paid holidays under this Article, the employee shall be paid one (1) day’s salary in lieu of an alternate designated paid holiday if the employee leaves prior to June 30th of the same year. If the employee leaves the Museum between July 1st and December 31st of the same year, the employee shall receive two (2) days’ salary in lieu of the alternate designated paid holidays, unless the employee has already used the applicable number of alternate designated paid holidays. If the alternate designated paid holiday(s) have been used in excess of the entitlements, the excess shall be deducted from the employee’s separation pay, unless otherwise approved by the Vice-President, Human Resources.

B3.03 When a day designated as a holiday under clause B3.01 or B3.02 coincides with an employee’s day of rest, the holiday shall be moved to the next scheduled working day following the employee’s day of rest. When a day that is a designated paid 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.

B3.04 An employee absent without pay on both their full working day immediately preceding and their 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 C13, Leave For Staff Related Matters.

B3.05 When a day designated as a holiday for an employee is moved to another day under the provisions of clause B3.03:

(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.

B3.06 When an employee works on a holiday, they shall be paid:

(a) time and one-half (1.5) for all hours worked up to the regular daily scheduled hours of work, and double (2) time thereafter in addition to the pay that the employee would have been granted had they not worked on the holiday;

(b) upon request, and with the approval of the Museum, the employee may be granted:

(i) a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday;

and

(ii) pay at one and one half (1.5) times the straight-time rate of pay for all hours worked up to the regular daily scheduled hours of work;

and

(iii) pay at two (2) times the straight-time rate of pay for all hours they worked on the holiday in excess of the regular daily scheduled hours of work.

(c) When an employee works on a holiday, which is not the employee’s scheduled day of work, contiguous to a day of rest on which the employee also worked and received overtime in accordance with Article B2 – Overtime, 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.

B3.07 Where operational requirements permit, the Museum shall not schedule an employee to work both December 25th and January 1st in the same holiday season.

ARTICLE B4 – TRAVELLING TIME

B4.01

(a) Employees in travel status will be reimbursed for all reasonable expenses in accordance with the Museum’s policy.

(b) The Museum shall adjust annually the rates of reimbursement using the Treasury Board’s adjustments to travel costs rates of reimbursement as a general guide.

B4.02 When an employee travels on a normal working day but does not work, the employee shall receive their regular pay for the day.

B4.03 When the Museum requires an employee to travel for the purpose of performing duties, the travel time will be treated as time worked under Articles B1, B2, B3 and B5. The employee shall be compensated in the following manner:

(a) On a normal working day on which the employee travels and works, the employee shall be paid:

(i) their regular pay for the day for a combined period of travel and work not exceeding seven and one-half (7.5) hours;

and

(ii) at the applicable overtime rate for a combined period of travel and work in excess of a seven and one-half (7.5) hour.

B4.04 Where an employee travels on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours traveled.

ARTICLE B5 – CALL BACK AND STANDBY

B5.01 When an employee is called back to work or when an employee who is on stand by duty is called back to work by the Museum any time outside their normal working hours the employee shall be entitled to the greater of:

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

(b) compensation at the applicable overtime rate for each hour worked.

B5.02 If an employee is required to work or is called back to work:

(a) on a designated paid holiday which is not the employee's scheduled day of work;

(b) on the employee's day of rest;

(d) from standby duty and returns to the work place, provided that the period worked by the employee is not contiguous to the employee's normal hours of work.

The employee shall be paid the greater of:

(i) the minimum of three (3) hours pay at the applicable overtime rate;

(ii) compensation at the applicable rate of overtime for time worked.

B5.03 Time spent by the employee reporting to work or returning to their residence shall not constitute time worked.

B5.04 No Pyramiding of Payments

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

B5.05 Compensation earned under this Article may be taken in the form of compensatory leave.

B5.06 When the Museum 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 for each four (4) hour period or portion thereof for which they have been designated as being on standby duty.

ARTICLE B6 – IMMUNIZATION

B6.01 The Museum shall provide the employee with immunization against communicable diseases where there is a risk of incurring such diseases in the performance of their duties.

ARTICLE B7 – TECHNOLOGICAL CHANGE

B7.01 The provisions of the Canada Labour Code related to technological change shall apply and shall be observed by the parties.

ARTICLE B8 – HEALTH AND SAFETY

B8.01 In accordance with the provisions of the Canada Labour Code, the Museum shall make reasonable provisions for the occupational safety and health of employees.

ARTICLE B9 – RESEARCH PRODUCTS AND PUBLICATIONS

For purposes of this Article, publication refers to book, book chapter, article or collection of articles, or abstract in any medium.

B9.01 The Museum agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Museum.

B9.02 The Museum asserts copyright ownership over all research products and publications produced by an employee in the normal course of their duties, and shall have first right of refusal on publishing such products.

B9.03 Should the Museum not wish to publish materials produced by an employee during the normal course of their duties; it will not unreasonably withhold permission for the employee to publish elsewhere.

B9.04 When approval for publication is withheld, the Museum shall inform the employee author(s) in writing stating the reason(s).

B9.05 When an employee acts as a sole or joint author or editor of a publication, their authorship or editorship shall normally be shown on the title page of such publication.

B9.06

a) The Museum may suggest revisions and may withhold approval to publish an employee’s work, subject to the revisions being implemented.

b) Where the Museum wishes to make changes with which the author does not agree, they may exercise their right not to be acknowledged or credited publicly.

c) When a disagreement arises between the author and the Museum, either of the parties may submit the case for review by an independent third party acceptable to both parties. After hearing both parties, the independent third party shall submit a recommendation to the Museum and provide a copy to the Institute. The Museum shall make the final decision.

B9.07 The parties agree that materials produced by an employee during the course of their employment will be archived according to archival procedures in place at that time.

ARTICLE B10 – PART-TIME EMPLOYEES

B10.01 Part-time employees shall be paid at the hourly rate of pay for all hours of work performed up to the daily or weekly hours of work that may be prescribed in Article B1 and at time and one-half (1.5) the hourly rate of pay for all hours of work performed in excess of those hours.

B10.02 A part-time employee shall not be paid for the designated holidays and floating holidays but shall, instead be paid a premium of four and one half percent (4.5%) for all straight time hours worked.

B10.03 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full time employee in clause B3.01 of this Agreement, and Easter Monday and St. Jean Baptist Day or the first Monday in August, the employee shall be paid at time and one-half (1.5) of the straight time rate of pay for all hours worked up to the regular daily scheduled hours of work and double (2) time thereafter.

B10.04 Eligibility for part-time employees into the Superannuation Plan will be as defined in the Public Service Superannuation Act.

B10.05 Notwithstanding the provisions of clause F1.01, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate classification and level to produce the severance pay benefit.

B10.06 Notwithstanding the provisions of Article B10.01, a part-time employee may work unscheduled hours at straight time. These hours will be given to the employee on availability.

B10.07 Vacation Leave

(a) In lieu of vacation leave with pay, a permanent part-time employee shall receive a premium of six percent (6%) of gross earnings for all straight time hours worked if the employee has completed less than five (5) years of service; eight percent (8%) if the employee has completed five (5) years of service; ten percent (10%) if the employee has completed eighteen (18) years of service; and twelve percent (12%) if the employee has completed twenty-eight (28) years of service.

Subject to operational requirements and upon request, a permanent part-time employee who is not entitled to receive vacation leave shall be entitled during each leave year to vacation leave without pay of three (3) weeks.

(a) A temporary part-time employee shall receive a premium of four percent (4%) of gross earnings in lieu of vacation leave. This premium shall be calculated on straight time hours worked.

B10.08 Sick Leave

A part-time employee shall in lieu of sick leave with pay, receive a premium of three percent (3%) of gross earnings for all straight time hours worked.

B10.09 Permanent part-time employees who are currently contributing to the Public Service Superannuation Plan shall continue to be eligible to receive pension benefits and the Supplementary Death Benefit pursuant to the provisions of the Public Service Superannuation Act.

ARTICLE B11 – RESTRICTION ON OUTSIDE EMPLOYMENT

B11.01 Unless otherwise specified by the Museum as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Museum.

ARTICLE B12 – PROBATIONARY EMPLOYEES

B12.01 A new employee will be considered on probation for a period of up to twelve (12) working months, excluding periods of extended leave.

B12.02 During the probationary period the employee’s suitability to become a permanent employee shall be assessed on the basis of:

(a) the successful completion of job duties

(b) conduct, including attendance

(d) the ability to adhere to the Museum’s policies and procedures.

CHAPTER C - LEAVES

LEAVES

ARTICLE C1 – LEAVE GENERAL

C1.01 When the employment of an employee who has been granted more vacation or sick leave with pay than he has earned is terminated by death or layoff, the employee is considered to have earned the amount of leave with pay granted to him.

C1.02 An employee shall be informed, once in each fiscal year of the balance of their vacation, sick leave and compensatory leave (lieu time) credits and their alternate designated paid holiday balance.

C1.03 The amount of leave with pay credited to an employee by the Museum at the time when this agreement is signed shall be retained by the employee.

C1.04 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

C1.05 An employee is not entitled to leave with pay during periods of leave without pay, educational leave or under suspension.

C1.06 Unless otherwise stipulated in this Agreement,

(a) leave without pay of less than three (3) continuous months shall be counted for the calculation of ‘continuous employment’ for the purpose of calculating severance pay on lay-off and notice of lay-off and ‘service’ for the purpose of calculating vacation leave entitlement and shall count for pay increment purposes; (b) for leave without pay of three (3) continuous months or more, the entire period of the leave shall be deducted from the calculation of ‘continuous employment’ for the purpose of calculating severance pay on lay-off and notice of lay-off and ‘service’ for the purpose of calculating vacation leave entitlement and shall not count for pay increment purposes.

C1.07

(a) While on leave without pay, except as specified in this Agreement, an employee on leave without pay for a period of (3) months or more shall not be entitled to any benefits unless they elect to pay both the employer’s and the employee’s share for such benefits for the entire duration of the leave. These benefits must be prepaid by post-dated cheques or pre-authorized deductions prior to the employee’s commencement of any such leave.

(b) In the event that the employee’s original request for a period of leave without pay was for three (3) months or less and the employee subsequently requests an extension to that period of leave, it is understood and agreed that the employee is responsible to pay both the employer and the employee’s share for such benefits for the entire period of the leave.

ARTICLE C2 – VACATION LEAVE

C2.01 The vacation year shall be from April 1^st to March 31^st, inclusive.

C2.02 Accumulation of Vacation Leave Credits

An employee shall earn vacation leave credits for each calendar month during which he receives pay for at least ten (10) days at the following rate:

(a) One and one-quarter (1 1/4) days until the month in which the employee’s fifth (5^th) anniversary of service occurs;

(b) One and two-thirds (1 2/3) days commencing with the month in which the employee’s fifth (5^th) anniversary of service occurs;

(c) Two and one-twelfth (2 1/12) days commencing with the month in which the employee’s eighteenth (18^th) anniversary of service occurs;

(d) Two and one-half (2.5) days per month commencing with the month in which the employee's twenty-eighth (28^th) anniversary of service occurs.

C2.03

(a) This clause applies to all employees who were employees of the Museum as of September 30, 2004.

For the purposes of clause C2.02 only, ‘service’ means all service with the Museum or service with the Federal Public Service prior to October 1, 2004, whether continuous or discontinuous. All such service shall count toward vacation leave except where a person who, on leaving the Museum or the Federal Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off from the Museum and is re-appointed to the Museum within two (2) years following the date of lay-off.

(b) This clause applies to all employees hired into the Museum after September 30, 2004.

For the purpose of clause C2.02 only, ‘service’ means all continuous or discontinuous service with the Museum. However, a lay-off of less than twelve (12) months shall not be considered to be a break in service but shall not count for the calculation of annual leave credits. Service shall not continue to accrue during the period of the lay-off.

C2.04 Entitlement to Vacation Leave With Pay

An employee is entitled to vacation leave with pay to the extent of their annual leave credits earned. However, an employee who has completed six (6) months of continuous employment may upon request and at the discretion of the Museum, receive an advance of leave credits equivalent to the anticipated credits for the vacation year.

In the event of termination of employment for reasons other than death or lay-off, the Museum shall recover from the employee any monies owed; that is an amount equivalent to the unearned vacation leave credits advanced to the employee.

C2.05 Provision for Vacation Leave

(a) Employees are expected to take all their vacation leave during the leave year in which it is earned.

(b) Vacation leave credits may be carried over from one year to the next to the extent such carry over is not greater than one (1) year's vacation leave entitlement.

(c) When an employee has excess vacation leave, the Museum and the employee will attempt to determine a vacation period mutually convenient to them. Subject to operational requirements, the Museum shall make every reasonable effort to schedule excess vacation leave as requested by the employee.

(d) Where no agreement can be reached, the Museum may schedule the excess vacation at a time satisfactory to it.

C2.06 Replacement of Vacation Leave

Where, in respect of any period of vacation leave, an employee:

(a) is granted bereavement leave,

(b) is granted family related leave with pay,

the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee, and approved by the Museum, or reinstated for use at a later date.

C2.07 Recall from Vacation Leave

(a) The Museum will make every reasonable effort not to recall an employee to duty after he has proceeded on vacation leave.

(b) Where, during any period of vacation leave with pay, an employee is recalled to duty, he shall be reimbursed for reasonable expenses, as normally defined by the Museum, that he incurs:

(i) in proceeding to their place of duty; and

(ii) 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 Museum.

C2.08 The employee shall not be considered as being on vacation leave during any period in respect of which they are entitled under clause C2.09 to be reimbursed for reasonable expenses incurred by him/her.

C2.09 Cancellation of Vacation Leave

When the Museum cancels or alters a period of vacation leave which it has previously approved in writing, the Museum 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 Museum may require. The employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Museum.

C2.10 Leave When Employment Terminates

When an employee ceases to be employed, for whatever reason (including death), the employee (or the estate) shall be paid an amount equal to the earned but unused vacation leave credits.

C2.11 Vacation Leave Credits for Severance Pay

Where the employee requests, the Museum shall grant the employee their unused vacation leave credits prior to termination of employment if this will enable them, for purposes of severance pay, to complete the first year of continuous employment in the case of lay off.

C2.12 Abandonment of Post

Notwithstanding clause C2.10, an employee whose employment is terminated by reason of a declaration that he abandoned their position is entitled to receive the payment referred to in clause C2.10, if he requests it in writing within six (6) months following the date upon which their employment is terminated.

C2.13 Recovery on Termination

In the event of the termination of employment for reasons other than death or lay-off, the Museum shall recover from any monies owed the employee, an amount equivalent to unearned vacation leave taken by the employee, calculated on the basis of their rate of pay on the date of termination.

ARTICLE C3 – SICK LEAVE

C3.01 Credits

An employee shall earn sick leave credits at the rate of one and one-quarter (1.25) days for each calendar month for which he receives pay for at least ten (10) days.

C3.02 Sick leave with pay shall be granted to an employee who is unable to perform their duties because of illness or injury provided that:

(a) the employee satisfies the Museum of this condition in such a manner and at such a time as may be determined by the Museum,

and

(b) the employee has the necessary sick leave credits.

C3.03 Unless otherwise informed by the Museum, a statement signed by the employee stating that because of illness or injury he was unable to perform their duties, shall, when delivered to the Museum, be considered as meeting the requirements of clause C3.02 (a).

C3.04 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. If the injury-on-duty claim is not approved, the employee is indebted to the Museum for any advance(s) of sick leave credits made to the employee while awaiting a decision from the CNESST or the WSIB on their claim.

C3.05 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause C3.02, sick leave with pay may, at the discretion of the Museum, 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,

(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.

ARTICLE C4 – SPECIAL VACATION LEAVE WITH PAY

One-time Vacation Leave

C4.01 This provision shall not apply to an employee who, through previous employment within the Public Service or a Crown Corporation, has already been credited with this one-time entitlement.

C4.02 Employees shall be credited a one-time entitlement of thirty-seven and one-half (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 C2.03.

C4.03 The vacation leave credits provided in paragraph C4.02 shall be excluded from the application of paragraph C2.05 dealing with the carryover and/or scheduling of excess vacation leave.

C4.04 Transitional Provisions:

Effective on date of ratification, employees with more than two (2) years of service, as defined in paragraph C4.02, shall be credited a one-time entitlement of thirty-seven and one-half (37.5) hours of vacation leave with pay.

ARTICLE C5 – BEREAVEMENT LEAVE

C5.01 For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse residing with the employee), child (including child of common-law spouse), stepchild or ward of the employee, father-in-law, mother-in-law, grandparent, grandchild, and relative permanently residing in the employee’s household or with whom the employee permanently resides.

C5.02 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 Museum may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clause C5.03, or upon request split the period of bereavement leave in two (2) periods, or, at the discretion of the Museum, grant leave with pay in respect of persons not listed in clause C5.01.

C5.03 When a member of the employee’s immediate family dies, an employee shall be entitled to bereavement leave for up to five (5) working days. During such leave the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days leave with pay for the purpose of travel related to the death.

C5.04 An employee is entitled to one (1) day’s bereavement leave with pay for the purpose of bereaving the death of their, son-in-law, daughter-in-law, brother-in-law or sister-in-law and any other relative for whom the employee has care-giving responsibilities.

C5.05 The Museum may require the employee to provide satisfactory validation for leave requested under this article.

ARTICLE C6 – MATERNITY AND PARENTAL LEAVE

MATERNITY LEAVE

C6.01

(a) An employee who becomes pregnant shall, on request, be granted maternity leave without pay for a period beginning before, on or after the termination date of the pregnancy and ending not later than seventeen (17) weeks after the termination of her pregnancy for Employment Insurance (EI) benefit recipients pregnancy or for Quebec Parental Insurance Plan (QPIP) benefit recipients pregnancy, the option of either the basic plan of eighteen (18) weeks or the QPIP special plan of fifteen (15) weeks, subject to clause C6.02.

The request for maternity leave must be accompanied by a medical certificate from a qualified medical practitioner confirming pregnancy and expected date of the birth.

(b) An employee requesting maternity leave shall give the Museum four (4) weeks' written Notice of Intent to take the leave. A shorter notice period in writing shall be accepted for valid reasons.

(i) where the employee’s new born child is hospitalized within the period defined in clauseC6.01 (a);

and

(ii) where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence of the Employer, returns to work for all or part of the period during which her new-born child is hospitalized, the period of maternity leave without pay defined in clause C6.01 (a) may be extended beyond the date falling seventeen (17) weeks after the date of termination of pregnancy for EI benefit recipients, or for QPIP benefit recipients, the option of either the basic plan of eighteen (18) weeks or the QPIP special plan of fifteen (15) weeks by a period equal to that portion of the period of the child’s hospitalization during which the employee returned to work;

and

(iii) a request under this sub-clause must include proof of the duration of hospitalization for the new-born.

C6.02 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;

(b) use her sick leave credits (if applicable), up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article C3 (Sick Leave). For purposes of the Article, illness or injury as defined in Article C3 (Sick Leave) shall include medical disability related to pregnancy.

C6.03 An employee who has applied, or is considering applying for Maternity or Parental Leave shall receive, upon request to the Vice-President, Human Resources or designate the relevant sections of the Canada Labour Code which governs job reassignment or job modification for the protection of pregnant or breast-feeding workers.

C6.04 Maternity Leave Allowance

(a) An employee with six (6) months continuous employment and who provides the Museum with proof that she has applied for and is eligible to receive maternity benefits from either EI or QPIP, shall be paid a maternity leave allowance.

(b) An employee shall sign an Agreement with the Museum providing:

(i) that she will return to work for a period of at least six (6) months less any period in respect of which she is granted leave with pay;

(ii) that she will return to work on the date of expiry of her maternity leave, unless this date is modified with the Museum’s consent.

(c) Should the employee fail to return to work as per the provisions of the Agreement for reasons other than death, disability or lay-off, the employee recognizes that she is indebted to the Museum for the full amount received as maternity leave allowance at a pro rata of the non-reimbursed portion of the maternity leave allowance.

Allowance X (remaining period to be worked following return to work)
Received total period to be worked

Example: An employee who takes seventeen (17) weeks of maternity leave and returns to work for a period of four (4) months only is indebted to the Museum for one-third (1/3) of the maternity leave allowance as she did not work two (2) month of the six (6) month period.

(d) Maternity allowance will consist of the following:

(i) where, under EI, an employee is subject to a waiting period of two (2) weeks before receiving employment insurance maternity benefits, an allowance of ninety-three (93%) percent of her weekly rate of pay for each week of the two (2) week waiting period less any other monies earned during the period;

and

(ii) up to fifteen (15) weeks for EI benefit recipients, or for QPIP benefit recipients, the option of a basic plan of eighteen (18) weeks or a special plan of fifteen (15) weeks of maternity allowance of the difference between the gross weekly amount of the EI or QPIP maternity benefit she is eligible to receive and ninety-three (93%) percent of her weekly rate of pay less any other monies earned during this period which may result in a decrease in benefits in EI or QPIP to which she would have been eligible if no extra monies had been earned during this period.

(e) for full-time employees the weekly rate of pay referred to in this Article shall be the weekly rate of pay of their substantive position immediately preceding the commencement of the maternity leave.

(f) where an employee becomes eligible for service pay or an economic adjustment during the period of maternity or parental leave, payments shall be adjusted accordingly.

(g) for a part-time employee the weekly rate of pay referred to above shall be the full time weekly rate of pay for the classification level of the employee’s position multiplied by the fraction obtained by dividing the employee’s assigned hours of work averaged over the last six (6) month period by the normal full time hours of work.

PARENTAL LEAVE

C6.05 Parental Leave:

(a) On request, an employee, who has completed six (6) consecutive months of continuous employment, shall be granted parental leave without pay for up to two (2) periods of up to thirty-seven (37) weeks combined for EI recipients, or for QPIP recipients a maximum of thirty-seven (37) weeks combined for the basic plan in the fifty-two (52) week period or the QPIP special plan of twenty-five (25) weeks combined in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee’s care. In the case of an adoption, both parents are eligible for a total of thirty-seven (37) weeks combined under EI or QPIP.

(b) Notwithstanding C6.05 (a) above:

(i) where the employee’s child is hospitalized within the period defined above, and the employee has not yet proceeded on parental leave without pay,

(ii) where the employee has proceeded on parental leave without pay and then, returns to work for all or part of the period during which their child is hospitalized, the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on parental leave. However, the extension shall end not later than on one hundred and four (104) weeks after the day on which the child comes into the Employee’s care.

N.B. It is understood that the maximum period of leave is thirty-seven (37) weeks within the one hundred and four (104) week period.

(c) Parental leave utilized by an employee-couple in conjunction with maternity leave shall not exceed a total of fifty-two (52) weeks, which includes the two (2) week waiting period for EI recipients, for both employees combined.

(d) Parental leave after the adoption of a child utilized by an employee-couple in conjunction with the adoption of their child shall not exceed a total of thirty-seven (37) weeks, which includes the two (2) week waiting period for EI recipients, for both employees combined.

(e) The request for adoption leave must be accompanied by proof that the application for adoption has been approved by the adoption agency and confirmation of the actual custody date.

(f) An employee requesting parental leave shall give the Museum four (4) weeks’ written Notice of Intent to take the leave. A shorter notice period in writing shall be accepted for valid reasons.

(g) The Museum may defer the commencement of parental leave at the request of the employee. Such parental leave must, nonetheless, be taken in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee’s care.

C6.06 Parental Leave Allowance:

(a) An employee who has completed six (6) consecutive months of continuous employment and who provides the Museum with proof that they have applied for and are eligible to receive parental leave benefits from either EI or QPIP, shall be paid a parental leave allowance as described below:

and

(b) An employee shall sign an Agreement with the Museum providing:

(i) that they will return to work for a period of at least six (6) months less any period in respect of which they are granted leave with pay;

(ii) that they will return to work on the date of expiry of their parental leave, unless this date is modified with the Museum’s consent.

(c) Should the employee fail to return to work as per the provisions of the Agreement, or return to work but fail to work for the period specified in C6.06 (b) for reasons other than death, disability or lay-off, the employee recognizes that she/he is indebted to the Museum for the full amount received as parental leave allowance at a pro rata of the non-reimbursed portion of the parental leave allowance. (See example at clause C6.04(c)).

(d) Parental Leave Allowance payments will consist of the following:

(i) where an employee, under EI is subject to a waiting period of two (2) weeks before receiving employment insurance parental benefits, an allowance of ninety-three (93%) percent of their weekly rate of pay as calculated in C6.04 for each week of the two (2) week waiting period less any other monies earned during the period; and

(ii) for a maximum period of up to thirty-five (35) weeks of parental leave, an allowance of the difference between the gross weekly amount of the EI parental benefit, or for QPIP parental benefit, a maximum of thirty-seven (37) weeks which they are eligible to receive and ninety-three (93%) percent of their weekly rate of pay as calculated in C6.04 less any other monies earned during this period;

(iii) where an employee under QPIP has received the full eighteen (18) weeks and the full thirty-two (32) weeks of parental benefit and thereafter remains on parental leave without pay, the employee is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three (93%) percent of their weekly rate of pay for each week, less any other monies earned during this period.

(e) Where an employee becomes eligible for service pay, an economic adjustment or is promoted during the period of parent all leave, payments shall be adjusted accordingly.

(f) For a part-time employee the weekly rate of pay referred to above shall be the full time weekly rate of pay for the classification level of the employee’s position multiplied by the fraction obtained by dividing the employee’s assigned hours of work averaged over the last six (6) month period by the normal full time hours of work.

(g) A maximum of thirty-seven (37) weeks of parental leave allowance will be paid to an employee-couple, which includes the two (2) week waiting period for EI recipients.

C6.07 The aggregate amount of leave with or without pay under this Article shall not exceed fifty-two (52) weeks.

C6.08 Leave granted under this Article (C6 – Maternity and Parental Leave) shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay entitlement, notice of lay-off or pay in lieu of notice and “service” for the purpose of calculating vacation leave and performance pay entitlements.

C6.09

(a) While on leave pursuant to this Article, an employee who submits a written request to the Vice-President, Human Resources or designate, shall be sent copies of all employment, promotion and training opportunities.

(b) Pension, health, dental and disability benefits of an employee on leave under this Article shall continue during the entire period of leave, and the Museum shall continue to contribute the its share of the costs of maintaining the benefits through the entire period of leave, provided that the employee continues to pay the employee portion of such benefits.

C6.10 The Museum shall reinstate an employee who takes leave pursuant to this Article, in the position that the employee occupied when the leave commenced or if the position no longer exists, to a comparable position with the same salary and benefits.

C6.11 When an employee is returning to work from leave under this Article, the Museum shall consider a request for the variable hours of work under Article B1 - Hours of Work, clause B1.03 (a). Such requests shall not be unreasonably denied.

C6.12 The Employee must advise the Museum of any change to their return to work date at least four (4) weeks prior to the previously approved date, unless such notice cannot be given because of an urgent or unforeseeable circumstance.

ARTICLE C7 – LEAVE WITH PAY FOR FAMILY RELATED RESPONSIBILITIES

C7.01 For the purpose of this clause, family is defined as spouse (or common-law spouse residing with the employee), dependent children (including children of legal or common-law spouse), parents (including stepparents or foster parents), or any relative permanently residing in the employee’s household or with whom the employee permanently resides.

C7.02 The Museum shall grant an employee leave with pay for up to five (5) days for the following circumstances:

(a) to provide for the temporary care of a sick member of the employee's family;

(b) for a medical or dental appointment when the dependent family member is incapable of attending the appointments by themselves, or for appointments with appropriate authorities in schools or adoption agencies. An employee is expected to make reasonable efforts to schedule those appointments to minimize their absence from work. An employee requesting leave under this provision must notify their supervisor of the appointment as far in advance as possible;

(d) to attend the employee’s own medical or dental appointments. The employee is expected to make reasonable efforts to schedule those appointments to minimize their absence from work. An employee requesting leave under this provision must notify their supervisor of the appointment as far in advance as possible.

C7.03 The total leave with pay which may be granted under C7.02 shall not exceed five (5) days in a fiscal year.

ARTICLE C8 – LEAVE WITHOUT PAY FOR FAMILY RELATED RESPONSIBILITIES AND PERSONAL NEEDS

C8.01 Subject to operational requirements, an employee shall be granted leave without pay for the personal care and nurturing of an employee's pre-school age children and/or a member of the employee's immediate family for whom the employee has care giving responsibilities. Care giving responsibility is defined as prime responsibility for providing care to a member of the immediate family who is unable to live independently.

C8.02 An employee shall notify the Museum in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless because of an urgent or unforeseen circumstance such notice cannot be given.

C8.03 Leave granted under this clause shall be for a minimum period of three (3) weeks.

C8.04 The total leave granted under this Article shall not exceed three (3) years during an employee's total period of employment with the Museum.

C8.05 An employee shall not be entitled to a subsequent period of leave under this article until the employee has returned to the work place for a period of at least twelve (12) months.

C8.06 The employee must advise the Museum of any change to their return to work date at least four (4) weeks prior to the previously approved date.

C8.07 For a leave in excess of six (6) months, the employee must advise the Museum of any change to their return to work date at least three (3) months prior to the previously approved date.

C8.08 Leave granted under this clause for a period of more than three (3) months shall be deducted from the calculation of “continuous employment” for the purposes of calculating severance pay and from the calculation of “service” for the purpose of calculating vacation leave.

C8.09 Time spent on such leave shall not be counted for Performance Pay increment purposes.

C8.10 Should this leave be taken consecutively with the Maternity or Parental Leave, and should the employee fail to return to work, the provisions of clauses C6.04 and C6.06 shall apply.

C8.11 At the request of the Museum, the employee shall supply a medical certificate, attesting to the dependency of the employee's immediate family member.

C8.12 Leave without pay will be granted for personal needs, in the following manner:

(a) Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs.

(b) Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.

(c) An employee is entitled to leave without pay for personal needs only once under each of (a) and (b) of this clause during their total period of employment with the Museum. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Museum.

(d) Leave without pay granted under (a) of this clause shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall not be counted for Performance Pay purposes.

(e) Leave without pay granted under (b) of this clause shall be deducted from the calculation of “continuous employment” for the purpose of calculating severance pay and vacation leave for the employee involved. Time spent on such leave shall not be counted for Performance Pay purposes.

(f) Subject to operational requirements, the Museum will grant leave with or without pay for purposes other than those specified in this Agreement for a period not exceeding six (6) months. Upon request, and at its discretion, the Museum may extend this leave.

C8.13 An employee may change their return to work date if such change does not result in additional costs to the Museum.

ARTICLE C9 – COURT LEAVE

C9.01 The Museum shall grant leave with pay to an employee for the period of time they are required:

(a) to be available for jury selection;

(b) to serve on a jury;

(i) in or under the authority of a court of justice;

(ii) before a court, judge, justice, magistrate or coroner.

The employee will remit to the Museum any fees received for what would have been their regular hours of work excluding travel and other out-of-pocket expenses paid in connection with leave granted under this clause.

ARTICLE C10 – INJURY-ON-DUTY LEAVE

C10.01 The Museum agrees to incorporate the provisions of the Canada Labour Code and the applicable provincial worker’s compensation legislation and their regulations with regard to work-related illness and injury. (Currently Part III, Sec. 239 1 to 11 inc.) An employee on injury-on-duty leave without pay shall be entitled to return to work on the completion of the leave period in accordance with the provisions of the Canada Labour Code and the applicable provincial worker's compensation legislation.

C10.02 Where the employee is unable to do the work performed prior to an injury compensable by Workers' Compensation, the Museum shall make every reasonable effort to accommodate the employee by assigning the employee to duties that the employee is able to perform.

ARTICLE C11 – COMPENSATORY LEAVE

C11.01 Upon application by the employee and at the discretion of the Museum, the employee may request cash compensation in lieu of leave for overtime hours worked, travel time or work on a designated paid holiday.

C11.02 The Museum shall grant compensatory leave at times convenient to both the employee and the Museum.

C11.03 Compensatory leave not used by the end of a twelve (12) month period, to be determined by the Museum, may be scheduled at times convenient to both the employee and the Museum or be paid for in cash. Such payments will be at the employee's hourly rate.

C11.04 Where, in respect to any period of compensatory leave with pay, an employee is granted:

(a) bereavement leave; or

(b) family related leave with pay pursuant to illness in the immediate family; or

(d) court leave

the compensatory leave so displaced shall be reinstated for use at a later date.

ARTICLE C12 – CAREER DEVELOPMENT

C12.01 General

The parties recognize that in order to maintain and enhance professional expertise, employees, from time to time, need to have an opportunity to attend or participate in career development activities described in this Article.

C12.02 Education Leave

(a) An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of education in which special preparation is needed to enable him to fill their present role more effectively, or to undertake studies in some field in order to provide a service which the Museum requires or is planning to provide.

(b) An employee on Education Leave without pay under this clause may receive an allowance in lieu of salary equivalent to from fifty (50%) percent to one hundred (100%) percent of his basic salary. The percentage of the allowance is at the discretion of the Museum. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

(c) Allowances already being received by the employee may, at the discretion of the Museum, be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

(d) As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Museum for a period of not less than the period of the leave granted. Unless agreed upon by the Museum, the employee shall reimburse the Museum the monies paid to him under this Article during his education leave or any lesser sum fixed by the Museum, if:

(i) fails to complete the course; or

(ii) does not resume employment with the Museum on completion of the course; or

(iii) ceases to be employed, except by reason of death or lay off, before termination of the period he has undertaken to serve after completion of the course;

he shall repay the Museum all allowances paid to him under this clause during the education leave or such lesser sum as shall be determined by the Museum.

C12.03 Attendance at Conferences and Conventions

(a) The parties recognize that attendance or participation at conferences, conventions, symposia, workshops and other gatherings of a similar nature contributes to the maintenance of high professional standards and constitutes an integral part of professional activities and that attendance and participation in such gatherings is recognized as an essential element in enhancing creativity and in the conduct of research.

(b) In order to benefit the Museum from an exchange of knowledge and experience, an employee shall have the opportunity on occasion to attend conferences and conventions which are related to their field of specialization, subject to operational constraints.

(c) The employee may recommend to management, conferences, workshops, and other gatherings of a similar nature, which he deems relevant and beneficial to the research program.

(d) The Museum may grant leave with pay and reasonable expenses including registration fees to attend such gatherings, subject to budgetary and operational constraints.

(e) An employee who attends a conference or convention at the request of the Museum to represent the interests of the Museum shall be deemed to be on duty and, as required, in travel status. The Museum shall pay the registration fees of the convention or conference the employee is required to attend.

(f) An employee invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to their field of employment, may be granted leave with pay for this purpose and may, in addition, be reim¬bursed for their payment of convention or conference registration fees and reasonable travel expenses.

(g) An employee shall not be entitled to any compensation under Article B2 (Overtime) and B4 (Travelling Time) in respect of hours he is in attendance at or travelling to or from a conference, seminar, training course or convention under the provisions of this clause, except as provided by clauses C12.03 (e) and (f).

C12.04 Professional Development

(a) The parties share a desire to improve professional standards by giving employees the opportunity on occasion:

(i) to participate in workshops, short courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields;

(ii) to conduct research or perform work related to their normal research programs in institutions or locations other than their normal place of work;

(iii) to carry out research in the employee’s field of specialization not specifically related to their assigned work projects when in the opinion of the Museum such research is needed to enable the employees to fill their present role more adequately.

(b) Subject to the Museum's approval, an employee shall receive leave with pay in order to participate in the activities described in clause C12.04 (a).

(c) An employee, in consultation with the Museum, may apply at any time for professional development under this clause, and the Museum may select an employee at any time for such professional development.

(d) When an employee is selected by the Museum for professional development under this clause, the Museum will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.

(e) An employee selected for professional development under this clause shall continue to receive their normal compensation including any increase for which they may become eligible. The employee shall not be entitled to any compensation under Articles B2 (Overtime) and B4 (Travelling Time) while on professional development under this clause.

(f) An employee on professional development under this clause may be reimbursed for reasonable travel expenses and such other additional expenses as the Museum deems appropriate.

C12.05 Subject to operational requirements, an employee will be encouraged to become a member and actively participate in the business and organization of relevant scientific and professional societies, such as organizing symposia, being committee members, office holders, editors of scientific journals and reviewers of scientific papers.

ARTICLE C13 – LEAVE FOR STAFF RELATED MATTERS

C13.01 Canadian Industrial Relations Board (CIRB) and the Canadian Human Rights Commission (CHRC).

The Museum will grant leave with pay to an employee who makes a complaint before the CIRB and the CHRC, in matters involving the Museum.

C13.02 Employee called as a Witness

The Museum will grant leave with pay to an employee called as a witness by the CIRB or the CHRC.

C13.03

(a) The Museum will grant leave with pay to an employee who is party to the Grievance which is before an Arbitrator established under the article D6 (Arbitration Procedures).

(b) The Museum will grant leave with pay to one (1) employee who acts as representative to an employee who is a party to the grievance before an Arbitrator.

C13.04 An Employee Representative shall obtain the permission of their immediate supervisor before leaving work to investigate employee complaints, to meet with management for the purpose of dealing with grievances and to attend meetings called by management. Upon the resumption of their normal duties, the Employee Representative shall report back to their supervisor, where practicable. The supervisor will not unreasonably withhold their permission.

C13.05 Meetings During the Grievance Procedure

When an employee and their representative are involved in a grievance process, both shall be granted the necessary time off work with pay to attend the hearings at the various steps of the grievance procedure.

C13.06 Contract Negotiation Meeting

When operational requirements permit, the Museum will grant leave with pay to a maximum of two (2) employees for the purpose of attending contract negotiation meetings on behalf of the Bargaining Agent.

C13.07 Preparatory Contract Negotiations Meeting

Where operational requirements permit, the Museum will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

C13.08 Union Organizations - Executive Meetings, Congress and Conventions

Where operational requirements permit, the Museum may grant leave without pay to a reasonable number of employees to attend executive meetings, congress and conventions of the Institute and the Canadian Labour Congress.

C13.09 Stewards Training Courses

Where operational requirements permit, the Museum will grant leave without pay to employees appointed as Stewards by the Institute, to undertake training sponsored by the Institute related to the duties of a Steward.

C13.10 When the employee takes leave without pay for Institute business, the Museum will not make deductions from compensation received by the employee for this purpose. The Museum will send an itemized invoice to the Institute for all period(s) of such leave. Upon receipt, the Institute will remit to the Museum full compensation for such period(s) of leave.

ARTICLE C14 – LEAVE FOR RELIGIOUS OBSERVANCE

C14.01 The Museum recognizes that the make-up of its workforce includes employees of various religious beliefs. The Museum undertakes to facilitate such arrangements that would allow the employee time off on holy days. Such arrangements may include the use of alternate designated paid holidays (as defined in Article B3 - Designated Paid Holidays), earned compensatory leave, vacation leave or leave without pay.

ARTICLE C15 – OTHER LEAVE WITH OR WITHOUT PAY

C15.01 At its discretion, the Museum may grant:

(a) leave with pay when circumstances not directly attributable to the employee prevent their reporting for duty. Such leave shall not be unreasonably withheld.

(b) leave with or without pay for purposes other than those specified in this Agreement.

C15.02 In respect to applications for leave made pursuant to this Article, the employee may be required to provide satisfactory validation of the circumstances necessitating such requests.

C15.03 Personal Leave Day

Subject to operational requirements as determined by the Museum and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, one (1) day (7.5 hours) of leave with pay for reasons of a personal nature. It is understood that this leave shall not be carried over from one year to the next.

The leave will be scheduled at a time convenient to both the Museum and the employee. Nevertheless, the Museum shall make every reasonable effort to grant the leave at such a time as the employee may request.

This clause applies to permanent full-time employees and temporary full-time employees who are hired for a minimum term of one (1) year.

ARTICLE C16 – LEAVE WITHOUT PAY FOR LONG TERM ELDER CARE

C16.01 The parties recognize the importance of access to leave without pay for the purpose of long-term elder care.

C16.02 An employee shall be granted leave without pay for the personal care of the employee’s parents, or step-parents or foster parents or aunts and uncles, in accordance with the following conditions:

(a) an employee shall notify the Museum in writing as far in advance as possible but not less than three (3) months in advance of the commencement date of such leave, unless because of an urgent or unforeseeable circumstance such notice cannot be given;

(b) leave granted under this article shall be for a minimum of three (3) weeks;

(c) the total leave granted under this article shall not exceed three (3) years during an employee’s total period of employment with the Museum;

(d) leave granted for periods of one (1) year or less shall be scheduled subject to operational requirements;

(e) leave granted under this article for a period of more than three (3) months shall be deducted from the calculation of “continuous employment” for the purpose of calculating severance pay, notice of lay-off or pay in lieu of notice and “service” for the purpose of calculating vacation leave entitlement, and shall not count for pay increment purposes.

C16.03 The employee must advise the Museum of any change to their return to work date at least four (4) weeks prior to the previously approved date.

ARTICLE C17 – COMPASSIONATE CARE LEAVE

C17.01 Upon written request, an employee with six (6) months of continuous employment shall be granted leave without pay for a period of up to eight (8) weeks which includes the two (2) week waiting period, for compassionate care leave. The employees must provide proof that they have applied for and are eligible to receive such EI benefits during this period of leave.

C17.02 A leave of absence without pay under this clause may only be taken in periods of not less than one (1) week’s duration.

C17.03 The entitlement to this leave may be shared by two (2) or more employees of the same family, however, the total amount of leave without pay that may be taken in regard to the same family member will be in accordance with applicable legislation.

CHAPTER D - LABOUR RELATIONS

ARTICLE D1 – CHECK-OFF

D1.01 The Museum agrees upon written request from the Institute to deduct all Institute dues and assessments. Such monies shall be remitted to the Institute within thirty (30) days following the end of the month accompanied by a list of the employees for and on behalf of whom such deductions have been made.

D1.02 The Institute shall inform the Museum in writing of the authorized monthly deduction to be checked off for each employee in the bargaining unit.

D1.03 The Institute agrees to indemnify and save the Museum harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Museum limited to the amount actually involved in the error.

ARTICLE D2 – USE OF MUSEUM FACILITIES

D2.01 Access by an Institute Representative

Upon notifying the Museum in advance by email to the Vice-President, Human Resources, a duly accredited non-employee representative of the Institute may be permitted access to the Museum’s premises. The Institute shall provide the Museum with the name of the representative in advance.

D2.02 The Museum agrees to make reasonable space available to the Institute for posting notices pertaining but not limited to elections, appointments, meeting dates, news items and social and recreational affairs. The Museum shall have the right to refuse the posting of any notice which it considers adverse to its interests or to the interests of any of its representatives.

D2.03 The Museum will make available to the Institute a location on its premises for the placement of reasonable quantities of literature of the Institute.

ARTICLE D3 – INFORMATION

D3.01 The Museum agrees to supply the Institute on a semi-annual basis with a list containing the following information:

(a) Name and level of each Institute member within the Museum

(b) New employees

(d) Leaves, except annual leave and sick leave

(e) Lay-offs

(f) Employee number

(g) Name of each Institute member - Struck off Strength (SOS) with reasons

D3.02 The Museum agrees to supply each employee with a copy of the Collective Agreement and will do so within ninety (90) days of the signing of the Collective Agreement. Beyond this period of implementation, all new employees entering the bargaining unit shall be provided with a copy of the Collective Agreement within thirty (30) days of the date of entering the bargaining unit.

D3.03 The Chair of the CMH Professional Group will distribute to each new employee an information package prepared and supplied by the Institute, subject to prior approval of the Vice-President, Human Resources. The Vice-President, Human Resources will advise the Chair of the arrival of a new employee and the date of hire.

ARTICLE D4 – STEWARDS

D4.01 The Institute shall notify the Museum of the names and areas of jurisdiction of the persons authorized to represent the Institute and/or the employees and shall notify the Museum of any changes in these names.

D4.02 Operational requirements permitting, the Museum shall grant leave with pay to an employee to enable him to carry out their functions as a Steward on the Museum’s premises. When the fulfillment of these functions requires an employee who is a Steward to leave their normal place of work, the employee shall report upon their return to their supervisor whenever practicable.

ARTICLE D5 – GRIEVANCE PROCEDURE

D5.01 The parties to this Agreement share the desire to settle all grievances expeditiously. A grievance is a complaint relating to the interpretation, application, administration or alleged violation of this Agreement and includes the dismissal of a non-probationary employee.

D5.02 Grievances must have the approval and support of the Institute.

D5.03 An employee who believes that he has a grievance may discuss and attempt to settle it with or without the employee representative as the employee may elect.

D5.04 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits prescribed in clause D5.05, gives notice that he wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

D5.05 In the event that the complaint is not settled, it may become a grievance to be processed as follows:

Step One

The Institute may present a grievance in writing at the first step of the grievance procedure at any time within twenty-five (25) working days from which the circumstances were the subject of the grievance. The grievance will be presented to the Divisional Director of the employee, who will ensure a proper hearing. The decision of the Museum at step one will be given in writing within twenty-five (25) working days of the presentation of the grievance.

Final Step

The Institute may present a grievance at the final step of the grievance procedure provided that it is presented within a maximum period of fifteen (15) working days from the date a decision was received at step one, or if no decision was received, within fifteen (15) working days from the date the grievance was presented at step one. This step in the grievance procedure will be handled by the Chief Operating Officer or their delegate at which time the employee will have the opportunity to make a full and complete submission to the Chief Operating Officer or their delegate. The grievance will normally be heard at the final step within fifteen (15) working days after its presentation. A written decision shall be rendered within fifteen (15) working days after the date of the hearing.

D5.06 A grievance will be presented in writing and shall contain a statement of the matter giving rise to the complaint, the relevant clauses of the collective agreement and the redress requested.

D5.07 The Institute may, by written notice to the Divisional Director, withdraw a grievance.

D5.08 The time limits stipulated in this procedure may be extended by mutual agreement between the Museum and the Institute. A grievance which is not presented to the next step within the prescribed time limits shall be deemed to have been abandoned.

D5.09 By mutual agreement of the Institute and the Museum, any step of the grievance procedure may be eliminated in proceeding with a particular grievance.

D5.10 For the purpose of this Article, working days do not include Saturday and Sunday, and designated paid holidays.

D5.11 The lack of a reply within the time limits by the Museum allows the Institute the right to proceed to the next level or to arbitration.

ARTICLE D6 – ARBITRATION PROCEDURE

D6.01 The Institute or the Museum, after exhausting the grievance procedure in this Agreement, may submit the grievance to arbitration, provided that the action giving rise to the grievance is a result of a misinterpretation or misapplication of a clause contained in this collective agreement including disciplinary measures and dismissal. The party wishing to proceed to arbitration must notify the other party in writing, within fifteen (15) working days of the final reply.

D6.02 Within ten (10) working days after notice of arbitration has been served,

(a) the matter will be referred to a single arbitrator;

(b) this arbitrator will be chosen by mutual agreement. The decision of the single arbitrator shall be final and binding on both parties.

D6.03 In the event that the parties fail to agree on the choice of an arbitrator, either party may request the Minister of Labour to appoint an arbitrator.

D6.04 The arbitrator shall have all the powers vested in it by the Canada Labour Code, including, in the case of dismissal or discipline, the power to substitute for the dismissal or discipline such other penalties that the arbitrator deems just and reasonable in the circumstances, including compensation for lost income.

D6.05 The arbitrator shall not change, modify or alter any of the terms of this Agreement.

D6.06 Each party shall bear half (1/2) the cost of the arbitrator. Each party shall bear its own expense with regards to the arbitration proceedings.

D6.07 The decision of the arbitrator shall be final and binding on both parties.

D6.08 Expedited Arbitration

The parties agree that, by mutual consent only, any grievance may be referred to the following expedited arbitration procedure. The Arbitrator shall be chosen by mutual agreement between the parties.

Procedure:

(a) Grievances referred to expedited arbitration must be scheduled to be heard within ninety (90) days from the date of referral, unless the hearing is delayed by mutual agreement between the parties or by the arbitrator;

(b) The parties shall make every reasonable attempt to proceed by admission and minimize the use of witnesses;

(c) Whenever possible, the arbitrator shall deliver the decision orally at the conclusion of the hearing, giving a brief resume of the reasons for the decision and then confirm these conclusions in writing within ten (10) days of the date of the hearing;

(d) When it is not possible to give an oral decision at the conclusion of the hearing, the arbitrator shall render it in writing with a brief resume of the reasons. The arbitrator must render the written decision as soon as possible but at all times within ten (10) days of the date of the hearing;

(e) The decision of the arbitrator shall not constitute a precedent;

f) Such decisions may not be used to alter, modify or amend any part of the Collective Agreement;

(g) Such decisions from the expedited format shall be final and binding upon the parties;

(h) Each party shall bear half (1/2) of the cost of the arbitrator and each party shall pay its own expenses with regards to the expedited arbitration process.

ARTICLE D7 – JOINT CONSULTATION

D7.01 The parties acknowledge the mutual benefits to be derived from meaningful joint consultation and are prepared to consult on matters of mutual interest related to labour relations and working conditions.

ARTICLE D8 – STANDARDS OF DISCIPLINE

D8.01 Where an employee is required to attend a meeting on disciplinary matters, the employee is entitled to have a representative of the Institute attend the meeting when the representative is readily available. The employee is entitled to a minimum of two (2) days’ notice for such a meeting.

D8.02 When an employee is suspended from duty, the Museum undertakes to notify the employee in writing of the reason for such suspension. The Museum shall endeavor to give such notification at the time of suspension.

The Museum shall notify the local representative of the Bargaining Agent that such suspension has occurred.

D8.03 Notice of disciplinary action which may have been placed on the personal file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.

ARTICLE D9 – EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

D9.01 The purpose of an employee performance review is to assess with the employee their performance in relation to the duties and objectives required in their position.

D9.02 A performance review will be performed at a minimum once a year.

D9.03 Where applicable, if the performance evaluation is not remitted to the employee the later of ninety (90) days after the due date of April 1st or ninety (90) days from the receipt of the duly completed employee’s self-assessment portion of their performance evaluation for performance pay purposes, the eligible performance pay increment shall be processed retroactive to the April 1st due date.

D9.04 The employee may ask to examine their employee personnel file in the presence of an authorized representative of the Museum. The employee may be accompanied by a Steward, if desired.

ARTICLE D10 – NO DISCRIMINATION AND HARASSMENT

D10.01 The Museum and the Institute agree that there shall be no harassment exercised in the workplace with respect to an employee by reason of age, marital status, family status, race, creed, colour, national or ethnic origin, political or religious affiliation, sex, sexual orientation, mental or physical disability, membership or activity in the Union or conviction for which a pardon has been granted

D10.02 The Institute and the Museum recognize the right of employees to work in an environment free from sexual and personal harassment and the Museum undertakes to ensure that sexual and personal harassment and discrimination shall not be tolerated in the workplace.

D10.03 In the event of a complaint or a grievance under this Article, the Museum and the Institute agree to follow the Museum’s applicable policies and procedures. Notwithstanding the right to grievance recourse, the Museum and the Institute agree to accept and implement the findings of the investigation.

D10.04 Upon written request by the complainant(s) and/or respondent(s), an official copy of the investigation report shall be provided to them by the Museum subject to the provisions of the Access to Information Act and the Privacy Act.

D10.05 A grievance relating to the interpretation or application of this Article shall proceed directly to the final level of the grievance procedure.

D10.06 There shall be no discrimination, interference, restriction, coercion, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, color, national or ethnic origin, religion, sex, sexual orientation, family status, marital status, disability, membership or activity in the Institute, or conviction for which a pardon has been granted.

CHAPTER E - STAFFING

ARTICLE E1 – STATEMENT OF DUTIES

E1.01 Upon request, an employee shall be provided with an organization chart depicting the employee’s position's place in the organization, a complete and current job description for their position, the responses to the Job Evaluation questionnaire for their position and compensation attributed to the position.

E1.02 If, during the term of this Agreement, a new classification plan is adopted or the classification plan is modified such that new levels are introduced, the Museum shall negotiate the rates of pay and the conversion rules affecting the pay of the employees on their movement to the new levels.

E1.03 All positions in the bargaining unit and all newly created positions shall be evaluated in accordance with the classification plan.

E1.04 Changes in Classification

When the duties and responsibilities of an employee's position have been substantially modified, on request of the employee, the Museum shall reevaluate the position and shall give the employee the results in writing.

ARTICLE E2 – REGISTRATION FEES

E2.01 The Museum shall reimburse an employee for their payment of membership or registration fees to an organization or governing body when the payment of such fees is a requirement for the continuation of the performance of the duties of their position.

ARTICLE E3 – STAFFING

E3.01 The Museum will staff all positions according to the merit principle. Except where modified by this Agreement, the Museum’s staffing policy and procedures will be followed. The Museum shall consult with the Institute prior to making any changes to this policy. The policy shall be accessible to employees via the Museum’s Intranet.

E3.02 A permanent employee filling a temporary position in accordance with this article shall maintain the status of indeterminate employee.

E3.03 Where the Museum decides that the functions of the temporary full-time position are still required after twenty-four (24) months, the employee shall be converted to an indeterminate status, except where a temporary appointment is for a specific period of time for the purpose of:

(a) replacing permanent employees who are on leave with or without pay;

(b) filling temporary vacancies;

(d) non-recurring work;

(e) an extension beyond the original termination date due to additional requirements.

The employee in the temporary full-time position shall be granted non-probationary full-time status retroactive to the commencement date of the temporary full-time appointment.

E3. 04 For a period of nine (9) months following the end of a temporary assignment, the former temporary employee will be considered for positions in the bargaining unit in the same manner as internal candidates, provided that they confirm their interest in writing and provide the Human Resources Branch with a current Curriculum Vitae. The Human Resources Branch will contact the former temporary employee at the last known address and telephone number to inform them of available positions.

E3.05 An employee wishing to be considered for job vacancies during their period of approved leave of absence will inform the Human Resources Branch in writing, and prior to the commencement of the leave, of their interest, and will provide a current Curriculum Vitae and a point of contact where they can be reached. Upon notification of the vacancy by the Museum, the employee must formally apply within the established deadline and must make themselves available for the staffing process.

ARTICLE E4 – LAY-OFF

E4.01

(a) Where the employee's service may no longer be required by the Museum, the notice period may be paid out in a lump-sum equivalent to the salary earned during the required notice period. Such pay-out shall be deemed to satisfy the requirements of clause E4.06.

(b) Lay-offs will be determined solely by the Museum.

(c) The provisions of this Article shall not apply to employees where a temporary cessation of their employment is affected due to a shutdown of Museum operations which may come as a result of an emergency or of other operational requirements.

(d) An employee affected by a temporary lay-off may elect to use earned vacation and compensatory leave credits to delay the commencement of the temporary lay off.

(e) The Museum shall be deemed not to have laid-off an employee where the employee’s services are terminated at the end of a contract or specified period appointment.

E4.02 The Museum will advise the Institute of the reason behind the decision and will discuss any proposal by which lay-offs can be avoided or employees assisted.

E4.03 If all the positions of a given organization or homogenous group are being eliminated, then all the affected employees are declared surplus. If some, but not all, of the positions are being eliminated, then the merit principle is the basis for deciding which employees are surplus. Employees are ranked in reverse order of merit, from least qualified to most qualified, with the least qualified being declared surplus first.

E4.04 General Principles

(a) The objective of a reverse order of merit process is to retain employees who are the most competent to carry out the continuing functions of the organization.

(b) The manner in which reverse order of merit is to be determined: deciding on the part of the organization affected, the similarity of positions, the qualifications required for the continuing functions, and the means of assessment.

(d) The Standards for Selection and Assessment form the basis for the determination of the qualifications and the assessment of employees in relation to the needs of the continuing functions.

(e) Reverse order of merit decisions are used to declare employees surplus. This means it is also used to decide who to retain to carry out the Museum's continuing functions. It is not used to make appointments to new positions. When the Museum needs to make appointments in a downsizing situation (for example, when re-organization results in new positions), then a regular selection process, with the right to appeal, is conducted.

E4.05 As a direct result of a layoff, no employees shall have their regular workload increased beyond a reasonable level.

E4.06

(a) The following provision applies only to permanent employees who were hired after July 1, 1990.

The Museum shall provide written notice of lay off to each employee so affected as far in advance of the lay off as is practicable, but in no case less than the following:

Years of Service	Notice
0 to 3 months	0 week
3 months to 1 year	2 weeks
1 year	2 weeks
2 years	3 weeks
3 years	4 weeks
4 years	5 weeks
5 years	6 weeks
6 years	7 weeks
7 years	8 weeks
8 years	9 weeks
9 years	10 weeks
10 years	12 weeks
11 years	13 weeks
12 years	14 weeks
13 years	15 weeks
14 years	16 weeks
15 years	17 weeks
16 years	19 weeks
17 years	21 weeks
18 years	23 weeks
19 years	25 weeks
20 years or more	26 weeks

(b) This provision applies only to permanent employees who were employees of the Museum on July 1, 1990.

The Museum shall continue the current practice of providing written notice of lay off to each employee so affected as far in advance of the lay off as is practicable, but in no case less than the following:

(i) four (4) months where the employee is offered and refuses another position within the Museum and, in any other case;

(ii) six (6) months.

E4.07 Release as a Result of Illness or Injury

The Museum may release an employee who ceases to be actively employed by reason of illness or injury and who has been certified as being permanently incapable of returning to work by a medical practitioner mutually acceptable to the employee and the Museum. In the event of such a release the provisions of clause F1.01(e) will apply.

CHAPTER F - BENEFITS

ARTICLE F1 – SEVERANCE PAY – INVOLUNTARY SEPARATION

F1.01 Under the following circumstances, an employee shall receive severance pay calculated on the basis of the employee’s weekly rate of pay:

(a) Lay-Off

(i) On the first lay-off two (2) weeks' pay for the first complete year of continuous employment plus one (1) week's pay for each additional complete year of continuous employment, and in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less the number of weeks already paid out to the employee as severance pay;

(ii) On the first lay-off three (3) weeks' pay for the first complete year of continuous employment if the employee has ten (10) or more years of continuous employment but less than twenty (20) years of continuous employment plus one (1) week's pay for each additional complete year of continuous employment, and in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less the number of weeks already paid out to the employee as severance pay;

(iii) On the first lay-off four (4) weeks' pay for the first complete year of continuous employment if the employee has twenty (20) or more years of continuous employment, plus one (1) week's pay for each additional complete year of continuous employment, and in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less the number of weeks already paid out to the employee as severance pay.

(b) For a second or subsequent lay-off, the employee shall receive the following:

(i) One (1) week's pay for each complete year of continuous employment, and in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less the number of weeks already paid out to the employee as severance pay.

This severance pay will not be paid to employees where a temporary cessation of their employment is affected due to a shutdown of Museum operations which may come as a result of an emergency or of other operational requirements.

(d) Death:

In the event of the death of the employee, the Estate of the employee shall receive the following:

(i) One (1) week’s pay for each complete year of continuous service, and in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), up to a maximum of thirty (30) weeks, less the number of weeks which may have already been paid out to the employee as severance pay.

(e) Release as a Result of Illness or Injury

When an employee ceases to be actively employed by the Museum and is released in accordance with clause E4.07, the employee will receive one (1) week’s pay for each complete year of continuous employment to a maximum of twenty-eight (28) weeks, less the number of weeks which may have already been paid out to the employee as severance pay. The Museum may request a medical certificate as proof of illness or injury.

F1.02 For purpose of clarity, severance pay benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause F1.01 be pyramided.

ARTICLE F2 – DIVING ALLOWANCE

F2.01 Employees whose job duties require them to dive (as that word is hereinafter defined) shall be paid an extra allowance of fifteen dollars ($15.00) per hour. The minimum allowance shall be two (2) hours per dive.

F2.02 A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of a self-contained air supply.

ARTICLE F3 – FIELD RESEARCH ALLOWANCE

F3.01 Field Research means duties that are performed in harsh environments or where living accommodations are mainly tents, trailers, etc.

F3.02 An employee on field research shall be paid an allowance of twenty-five dollars ($25.00) per day.

F3.03 The allowance referred to in F3.02 will be paid only after three (3) consecutive days of performing such work.

F3.04 An employee on field research work shall be compensated for authorized overtime performed on an hour-for-hour basis for all hours worked on a designated paid holiday or a day of rest.

No remuneration shall be paid for overtime performed during the normal work week.

F3.05 Upon application by the employee and at the discretion of the Museum, compensation earned under this clause may be taken in the form of compensatory leave at the applicable rate. Compensatory leave earned in a fiscal year and outstanding shall be paid in accordance with article C11.

ARTICLE F4 – BENEFITS AND PENSION PLANS

F4.01 The Museum agrees to maintain for eligible employees, for the life of this Agreement, the equivalent benefit coverage and the equivalent cost-sharing arrangement for these benefits, as provided by the Public Service Disability Plan - PIPSC, the Public Service Health Insurance Plan - PIPSC, the Public Service Dental Plan - PIPSC and the Public Service Superannuation Plan - PIPSC.

CHAPTER G - PAY AND DURATION

ARTICLE G1 – PAY

G1.01 Subject to D9.03 an employee is entitled to be paid for services rendered at the pay specified in the salary scales in Appendix A for the level of the position held by the employee.

G1.02 Where a performance increase and a pay revision are affected on the same date, the pay revision shall be applied first and the performance increase shall then be applied to the revised pay rates.

G1.03 Acting Pay and Reclassification

An employee performing the duties of a higher level position for a period of at least five (5) days or an employee appointed or reclassified to a position having a higher maximum rate of pay shall be paid at a rate in the range of the new level which is at least four percent (4%) higher than their rate prior to the appointment or reclassification.

(a) An employee whose position is reclassified downward shall continue to receive the same rate of pay for one (1) year and thereafter shall receive the lesser of their current rate of pay or the maximum rate of pay of the new classification level.

(b) During the salary protection period the Museum will make a reasonable effort to transfer the employee to a position having a level equivalent to the former level.

(c) In the event that the employee declines an offer to transfer to a position as in clause G1.03 (b) above, they shall be immediately paid at the rate of pay for the reclassified or lower level position.

G1.04 Performance Pay

(a) An employee shall be granted an annual performance pay increase of two (2.0%) percent of their base pay on October 1, 2015, provided that the maximum rate of pay for the employee’s position is not exceeded and upon completion of a satisfactory performance evaluation.

(b) With effect from April 1, 2016 to April 1, 2019, an employee shall be granted an annual performance pay increase of two (2%) percent on April 1st of each year provided that the maximum rate of pay for the employee’s position is not exceeded and upon completion of a satisfactory performance evaluation. It is understood that an employee’s annual performance pay increase for April 1, 2016 is prorated by their amount of continuous service from October 1, 2015 to March 31, 2016, divided by three hundred sixty-five (365) days.

(c) Employees who have less than 12 months of continuous service shall have their performance increase prorated by their amount of continuous service during the evaluation period divided by three hundred sixty-five (365) days.

G1.05 Upon receipt of a satisfactory performance evaluation, a part-time employee will receive a performance pay increase effective April 1st of each year. The performance pay increase will be calculated based on the total number of hours worked during the review period and will be pro-rated against the total number of full-time hours. (i.e.: total number of hours worked divided by 1,956.6).

G1.06 Successful candidates appointed to the MS levels will receive a minimum salary increase of four (4%) percent.

G1.07 When an employee, through no fault of their own, has been overpaid, the Museum will, before recovery action is implemented, advise the employee of the intention to recover the overpayment. When the amount is greater than one hundred dollars ($100.00), the Museum will schedule a reasonable method of repayment which will take into account financial hardship on the employee.

G1.08

(a) Where the rates of pay set forth in Appendix A of this Agreement have an effective date prior to the date of signing of this Agreement, the retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the bargaining unit identified in Article A, clause A5.01 (a) of this Agreement during the retroactive period.

(b) In order for former employees or, in the case of death, for the former employees’ representatives to receive payment in accordance with clause G.1.08 (a), the Museum shall notify, by registered mail, such individuals at their last known address that they have thirty (30) days from the date of the receipt of the registered letter to request in writing such payment, after which time any obligation upon the Museum to provide payment ceases. No payment or no notification shall be made for one dollar ($1.00) or less.

ARTICLE G2 – DURATION

G2.01 The provisions of this Agreement shall become effective as of October 1, 2015, unless otherwise indicated by both parties.

G2.02 This Agreement will remain in effect until September 30, 2019

G2.03 This Agreement provides for an economic increase of: 1% on October 1, 2015; 1% on October 1, 2016, 1% on October 1, 2017 and 1% on October 1, 2018.

Effective October 1, 2015 an adjustment of $2,500 will be applied to the minimum salary scale for levels E7 and E8 and to the maximum salary scale for levels E6, E7 and E8.

G2.04 Terms of this Agreement may be amended by mutual consent.

Signed at Gatineau, Quebec on this ____day of ___________ 2016.

The Professional Institute of the Public Service of Canada	The Canadian Museum of History
___________________________ Debi Daviau President	___________________________ Mark O’Neill President and CEO
___________________________ Evan M. Heidinger Negociator	___________________________ Manon Rochon, CRIA Vice-President, Human Resources and Chief Negotiator
___________________________ Karen Ryan, Ph.D. Bargaining Team	___________________________ Dean F. Oliver, Ph.D. Director, Research CMH
___________________________ Tim Foran, Ph.D. Bargaining Team	___________________________ Sylvie Jourdain Acting Manager, Labour Relations and Health and Safety
___________________________ Contributing member of the bargaining team: Terrence Clark, Ph.D.	___________________________ Contributing member of the bargaining team: Melissa MacKenzie

APPENDIX "A"

PAY RATES

PAY RATES FOR NEW EMPLOYEES

Upon hiring, where applicable, a new employee may receive a rate of pay greater than the minimum of the salary scale corresponding to their academic achievement.

October 1, 2015 to September 30, 2016

LEVEL	B.A.	M.A.	PH.D.

E6	57,450	62,222	67,009
E7		66,241	71,666
E8		74,652	82,996

October 1, 2016 to September 30, 2017

LEVEL	B.A.	M.A.	PH.D

E6	58,025	62,844	67,679
E7		66,903	72,383
E8		75,399	83,826

October 1, 2017 to September 30, 2018

LEVEL	B.A.	M.A.	PH.D

E6	58,605	63,472	68,356
E7		67,572	73,107
E8		76,153	84,664

October 1, 2018 to September 30, 2019

LEVEL	B.A.	M.A.	PH.D

E6	59,191	64,107	69,040
E7		68,248	73,838
E8		76,915	85,511

PAY RATES FOR EMPLOYEES ON A 37.5 HOUR WORK WEEK

PAY RATES ON OCTOBER 1, 2015

LEVEL	MINIMUM	MAXIMUM

E6	57,450	74,338
E7	66,241	82,170
E8	74,652	96,424

PAY RATES ON OCTOBER 1, 2016

LEVEL	MINIMUM	MAXIMUM

E6	58,025	75,081
E7	66,903	82,992
E8	75,399	97,388

PAY RATES ON OCTOBER 1, 2017

LEVEL	MINIMUM	MAXIMUM

E6	58,605	75,832
E7	67,572	83,822
E8	76,153	98,362

PAY RATES ON OCTOBER 1, 2018

LEVEL	MINIMUM	MAXIMUM

E6	59,191	76,590
E7	68,248	84,660
E8	76,915	99,346

MS LEVEL PAY RATES (37.5 HOUR WORK WEEK)

(Applicable to employees in E6, E7or E8 positions only, as determined by the Museum Scholars Promotion Process – See Appendix B)

PAY RATES ON OCTOBER 1, 2015

LEVEL	MINIMUM	MAXIMUM

MS-1	76,808	104,231
MS-2	87,176	115,691
MS-3	101,366	126,741

PAY RATES ON OCTOBER 1,2016

LEVEL	MINIMUM	MAXIMUM

MS-1	77,576	105,273
MS-2	88,048	116,848
MS-3	102,380	128,008

PAY RATES ON OCTOBER 1, 2017

LEVEL	MINIMUM	MAXIMUM

MS-1	78,352	106,326
MS-2	88,928	118,016
MS-3	103,404	129,288

PAY RATES ON OCTOBER 1, 2018

LEVEL	MINIMUM	MAXIMUM

MS-1	79,136	107,389
MS-2	89,817	119,196
MS-3	104,438	130,581

APPENDIX "B"

MUSEUM SCHOLARS PROMOTION POLICY

1. General

1.1 The intent of this policy is to:

1.1.1 maintain and improve the quality of Museum Scholars' performance in support of the Canadian Museum of History’s objectives (hereafter CMH or Museum);

1.1.1 provide the opportunity for eligible E6, E7, E8, MS1 and MS2 candidates to apply for review under this policy;
a new employee who avails themselves of this promotion policy at the first available annual cycle, and who is successful, shall be granted retroactivity to their date of hire.

1.1.2 provide for candidates to be promoted in an orderly progression from one level to the next level during their career, that is, from an E6, E7 or E8 level to the MS1 level, from the MS1 level to the MS2 level and finally, from the MS2 level to the MS3 level, although candidates can apply for and be promoted to a higher level.

1.1.4 establish the criteria and procedures for peer-reviewed promotion of candidates;

1.1.5 ensure that all candidates are treated consistently and fairly;

1.1.6 ensure that promotion of candidates occurs only in accordance with the procedures outlined herein.

1.2 Promotional review of a candidate may be initiated by the employee, or, in consultation with the candidate, the candidate's supervisor, or by the Director of Research of the concerned Museum.

1.3 A candidate may be reviewed more than once for promotion to any level, in accordance with the provisions in clause 3.1 herein.

1.4 No candidate will be promoted to a MS level unless the promotion has been recommended by the Museum Scholars Promotions Committee (MSPC).

1.5 Final approval for Museum Scholar promotions shall rest with the Director General and Vice-President of the concerned Museum.

1.6 The evaluation scheme to be used for peer reviews by the MSPC is outlined in the following pages.

1.7 A candidate whose promotion has been denied may appeal for another review on the grounds and by the process identified in Sections 6.1 to 6.9 of this document.

2. Museum Scholars Promotions Committee (MSPC)

2.1 An MSPC is struck for each candidate. The MSPC shall be responsible for assessing the eligibility of a candidate for promotion and for making a promotional recommendation to the Director of Research of the concerned Museum, who forwards it to the Director General and Vice-President of the concerned Museum.

2.1.1 In order to be recommended for promotion, a candidate must be clearly recognized by the MSPC as having attained the professional level described in the applicable “General Requirements” MS level descriptions in sub-section 5.3 in addition to having achieved the “Specific Requirements” as set out in sub-section 5.4 of this Policy.

2.1.2 The MSPC shall consider the weight, scope, complexity, expertise, time and effort of the various contributions in its assessment of a candidate. To this effect and in respect of clause 1.1.5, the parties agree to develop an evaluation grid, to be written by two (2) representatives each of the employees and the employer. This grid will be developed within six (6) months of the signature of this agreement.

Should the grid not be developed in time for the next annual review period, the evaluative process will continue using existing documentary norms as per current policy.

2.2 A candidate’s MSPC will be composed of the following voting members and an advisory member:

2.2.1 Voting Members: (1) one individual, outside CMH, considered an expert in the candidate's specialty; (2) one individual, within CMH, considered a senior person in the candidate's discipline; and (3) one individual, within CMH, considered a senior person in a specialty outside the candidate's discipline, or a senior person with extensive experience in exhibitions and programs or, a senior person with extensive experience in supervising researchers.

2.2.2 Advisory Member: the Director of Research of the concerned Museum.

2.2.3 Observer: the parties agree, on or before September 1^st of an evaluation year, to jointly name one individual who will attend each MSPC created in virtue of the current policy for that evaluation year.

2.3 The Chair of the committee will be the person appointed in accordance with clause 2.2.1 (2). However, should the person appointed pursuant to clause 2.2.1 (2) decline, then the Chair will be elected by the voting members.

2.4 Each voting member shall have one vote.

2.5 Committee decisions on promotion will generally be a consensus, but where a consensus cannot be reached, the matter shall be resolved by a majority vote.

3. Evaluation Process

3.1 MSPC evaluations will be undertaken on an individual candidate as follows:

3.1.1 a first-time candidate can apply in any given year,

3.1.2 a candidate whose application for promotion was unsuccessful may re-apply in any subsequent year,

3.1.3 normally, a candidate successfully promoted by virtue of the MSPP may not apply for a subsequent promotion until six (6) years from the effective date of said promotion. However, a candidate may apply in any year subsequent to the most recent promotion, if the candidate’s written work and accomplishments support such an application for promotion.

3.2 The Director of Research of the concerned Museum shall solicit Curriculum Vitae for each candidate. It shall be the responsibility of the candidate to ensure that their Curriculum Vitae is current by April of an evaluation year in which the candidate is being considered for promotion.

3.3 The preparation of a Curriculum Vitae shall be the responsibility of the candidate and shall be prepared according to the following format, as specified by the Director of Research of the concerned Museum. Among other things, the Curriculum Vitae will include:

3.3.1 the educational history of the candidate.

3.3.2 the employment history of the candidate minimally including positions held, beginning and end dates in those positions, and organizations worked for.

3.3.3 a list of the candidate's professional accomplishments in respect to scholarly publications, collections development, public engagement and professional activities.

3.4 The Director of Research of the concerned Museum will send out three internal emails beginning mid-January of an evaluation year, advertising the application deadline of April 1^st, to allow potential candidates enough time to prepare necessary documentary materials.

3.5 All applications for evaluation will be submitted to the Director of Research of the concerned Museum who will ensure that candidates have submitted the required documentation.

3.6 The evaluation by the MSPC will be based on all relevant and validated career accomplishments.

3.7 By April 1^st of an evaluation year the candidate for promotion shall provide the Director of Research of the concerned Museum with a list of names (including current title, address, email, fax and phone number) of four (4) referees who are competent to evaluate specific portions of their work and who may be contacted by the Director of Research of the concerned Museum. The MSPC will require confidential written assessments from the four (4) referees, at least two (2) of whom are specialists in the candidate's field and work outside the Museum.

3.8 By April 1^st of an evaluation year the candidate for promotion shall also provide the Director of Research of the concerned Museum with the names (including current title, address, email, fax and phone number) of three (3) to five (5) individuals outside CMH, considered experts in the candidate's specialty, one (1) of whom will be contacted by CMH to serve as a Voting Member on the candidate’s MSPC. The Director of Research of the concerned Museum shall have the final decision on the committee and reviewers.

3.9 Where some part of a candidate's unpublished work (as defined in Section 4.4.2) must remain confidential or the work is physically too bulky to conveniently reproduce for evaluation, the candidate may submit a written description of the work and an explanation of the situation which, at the discretion of the MSPC, may be included in the assessment in place of the actual work.

3.10 By August 1^st of an evaluation year the candidate for promotion shall provide copies of their written work and information about other accomplishments to the Director of Research of the concerned Museum who shall arrange for its assessment by the MSPC.

3.11 When the Director of Research of the concerned Museum solicits letters of reference to be used in the evaluation of a candidate's professional accomplishments, each potential referee shall be informed of the use(s) to which such letters will be put (according to the terms of this Agreement) and advised that submission of a letter of reference constitutes agreement to the stated use(s), but to none other.

3.12 All letters of reference will be treated with strict confidentiality and shall be accessible only to members of the MSPC. The Chair of the MSPC shall, upon written request, provide the candidate with a copy of the substantive contents of each letter.

3.13 When all required documentation is in the possession of the Director of Research of the concerned Museum, a candidate will be scheduled for an MSPC interview for further consideration.

3.14 Within one week following the interview, the MSPC shall make a recommendation regarding candidate promotion. This will be accompanied by a summary of the deliberations justifying the recommendation, will include any minority opinion(s), and will be transmitted to the Director of Research of the concerned Museum.

3.15 Upon receipt of the recommendation from the MSPC, the Director of Research of the concerned Museum shall be responsible for providing a summary of the contents of the recommendation letter, as well as the scores and relevant comments from the score sheet, to the candidate.

Upon receipt of the summary of the recommendation made by the MSPC, the candidate will have fifteen (15) working days to inform the Director of Research of the concerned Museum, in writing if they wish to appeal it.

If the candidate does not appeal the recommendation, the Director of Research of the concerned Museum, shall be responsible for conveying the recommendation of the MSPC to the Director General and Vice President of the concerned Museum for a final decision. The final decision is subject to appeal by the candidate under section 6 of the current policy.

3.16 Once a MSPC recommendation has been rendered, the candidate's promotion file will be maintained confidentially by the Director of Research of the concerned Museum. This file will be accessible only to: (1) the Director General and Vice-President of the concerned Museum, solely to assist in consideration of a recommendation (see Section 3.15); (2) the Promotions Appeal Committee (see Sections 6) and (3) the Museum Human Resources Branch.

3.17 All relevant reference letters in the promotion file shall be maintained for a period of two (2) years and then shall be destroyed for all employees not recommended for promotion and who have exhausted the appeal process.

3.18 In assessing recommendations made by the MSPC, the Director General and Vice President of the concerned Museum may request the promotion file referred to in Section 3.16 and meet with the Chair of the MSPC to discuss and review this file.

3.19 Within six (6) weeks of the MSPC interview, the candidate will receive a letter from the Director of Research of the concerned Museum informing each candidate of the Peer review outcome.

3.20 If, for any reason, the Committee does not make a recommendation on a candidate's promotion before the end of an evaluation year, then a favorable decision to promote reached after this date shall be retroactive to the evaluation year when the promotion would normally have come into effect.

3.21 All promotions granted under this process will take effect on April 1^st of the year when the application was submitted for consideration.

4. Evaluation Criteria

4.1 The following general criteria are to be taken as guidelines. Individual circumstances and particular achievements may be taken into consideration by the MSPC.

4.2 Each review will take into account the candidate’s cumulative professional accomplishments to the time of application for promotion.

4.3 There are four (4) main categories within which candidates are expected to make significant contributions: scholarly publications, collections development, public programming and professional activities.

4.4 Definitions:

4.4.1 Scholarly publications may be either print or digital products and are aimed at a scholarly audience. They include PhD dissertations, books authored or edited, exhibition catalogues, journal articles, refereed conference papers, web-sites, book chapters, and book reviews. In assessing the work, the MSPC will consider the scope and significance of the publication, the exact nature of the candidate’s contribution, the extent to which it reflects original work, and its relation to the CMH mandate.

4.4.2 Collections Development refers to the creation of new collections of artifacts or original research documents, archives (such as unpublished manuscripts, papers given at conferences, internal research reports, photographs, audio tapes, video tapes, CDs, or compilations of original data in other media) which have been properly documented and accessioned into the Museum or other institutional collections; the research and documentation of new or existing collections; and the application of new theoretical approaches and methodology in collections development.

4.4.3 Public Engagement refers to significant contributions to Museum exhibitions, popular works, and public service.

4.4.3.1 Exhibitions generally involve the work of many people. Consideration will be given to: (1) the degree of the candidate’s involvement; the size, scope, complexity of the exhibition; and the scholarly content and the clarity with which it is presented; (2) whether the exhibition travels to other institutions; (3) the extent and magnitude of the candidate’s role in curating, co-curating or hosting temporary and permanent exhibitions, and in revising and/or updating permanent exhibitions or other curatorial installations; and (4) the candidate’s substantial involvement and/or leadership role in developing partnerships and stakeholder relationships. If an exhibition is no longer standing, the candidate may put together a dossier indicating the curatorial content which it contained, such as artifact lists and research, texts, photographs, electronic versions, reviews, etc.

4.4.3.2 Popular works are non technical books, articles, websites or other media presentations aimed at a general audience, or semi-technical books, articles, or other media presentations aimed at advanced lay persons or undergraduate students. Types to be considered include: (1) books written or co-written; books edited or co-edited; (2) exhibition catalogues (popular); (3) chapters and other contributions to books; (4) review articles in popular journals; (5) video productions; (6) electronic productions; and (7) unpublished popular manuscripts or detailed exhibition proposals accessioned in the CMH archives.

4.4.3.3 Public service includes: 1) providing expert consultation and advice to individuals and the general public as well as cultural communities and special interest groups, 2) participation in cultural and historical projects organized outside the Museum; 3) providing knowledgeable intellectual access to CMH collections and collections documentation to communities, special interest groups and the general public; 4) providing expert advice on land claims and treaty negotiations, and/or representing CMH at a treaty table, 5) giving public lectures, seminars, tours of the museum collections and project fundraising.

4.4.4 Professional Activities refers to: services provided to professional and avocational communities concerned with the candidate’s specialty; service to post secondary educational institutions (teaching, advising students), supervision of Museum students; and recognition received for professional activities and accomplishments.

4.4.4.1 Service to professional and avocational communities means: (1) participation in professional and avocational societies' executives and committees; (2) participation in CMH administrative committees, advisory groups, and project teams; (3) participation in the organization of conferences, and conference panels; (4) refereeing journal or conference papers; (5) professional consultations; and (6) editorial work.

4.4.4.2 Service to post secondary institutions means: (1) lecturing (the complexity of the lecture work being performed by the applicant will be evaluated low complexity includes an occasional lecture; medium complexity is frequent guest lecturing; high complexity includes responsibility for the development of course syllabus, student and course evaluation, etc.); (2) giving thesis advice or examining student theses (Honours, M.A. or Ph.D. levels).

4.4.4.3 Supervision of Museum students means designing, supervising and evaluating the study programs of co op and intern students within the Museum.

4.4.4.4 Recognition refers to: (1) the receipt of formal honours such as awards, bursaries, research grants; (2) appointments to special positions such as visiting, special and adjunct professorships; (3) membership on boards and commissions, etc.; (4) citations acknowledging use of one's work; or (5) replication of one's work.

5. Application of Criteria

5.1 It is expected that candidates will balance their contributions to each of the four accomplishment categories. For promotion, an employee's productivity must meet the minimum in all categories and have a combined assessment value of at least 100 value points.

5.2 Range of minimum and maximum assessment values for each category of accomplishment:

5.2.1 Public Engagement: 20 points (minimum); 50 points (maximum).

5.2.2 Scholarly publications: 20 points (minimum); 50 points (maximum).

5.2.3 Collections Development: 10 points (minimum); 50 points (maximum).

5.2.4 Professional activities: 5 points (minimum); 30 points (maximum).

(Examples: A candidate with a strong record of public engagement might receive 40 for public engagement, 25 for scholarly publications, 25 for collections development, and 10 for professional activities =100. Someone working primarily on collections development might receive 25 for public engagement, 20 for scholarly publications, 45 for collections development, and 10 for professional activities =100.)

5.3 General Requirements

5.3.1 MS-1 is the level for mature Museum Scholars of normal cumulative achievement, as compared with other CMH researchers. People classified at this level shall have curated at least one major exhibition, or achieved the equivalent in other aspects of public engagement; shall have completed substantive research projects whose results indicate competency and productivity as a Museum researcher; shall have participated significantly in collections development; and shall have played an important role within their scholarly profession.

5.3.2 MS-2 is the level for Museum Scholars with cumulative achievements which are distinctly above average as compared with other CMH researchers. People classified at this level shall have made major contributions to research, the exhibition program and to collections development; shall have established a national reputation for work across a broad spectrum of subjects within the candidate’s scholarly field or discipline, including the attainment of leadership positions within professional, scholarly organizations.

5.3.3 MS-3 is the level for Museum Scholars with exceptional attainments. People classified at this level shall have made exceptional contributions to research, the exhibitions program and to collections development; shall have an international reputation within a broad scholarly field; and shall have attained positions of national or international leadership within professional organizations. A Museum Scholar at this level must also have a sustained and distinguished record of leadership, mentorship and collaboration within and outside the CMH and have significantly contributed to the advancement of CMH’s mandate and international profile.

5.4 Specific Requirements by Accomplishment Type and Level.

5.4.1 Any accomplishment (e.g., publication, website, exhibition, etc.) being advanced in support of an application for promotion must have been completed, (e.g., the book must be published, the exhibition opened, the web contribution launched).

5.4.2 The following guidelines indicate the requirements for minimum assessment in each productivity area for levels MS 1 to MS 3 (for values, see section 5.2).

5.4.3 PUBLIC ENGAGEMENT

5.4.3.1 MS-1: curatorship of one (1) full-scale (e.g. approximately 5000 square feet) exhibition, or two (2) smaller exhibitions, or in-house curatorship of three to four (3-4) full scale borrowed exhibitions depending on the scope of the candidate’s contribution,

authorship or curatorship of other products equivalent to the above in time, substance and impact: making museum collections and information available to communities, special interest groups and the general public. Examples might include: popular books, published articles, significant media products, and participation in museum public engagements;

a mix of the above as judged appropriate by the MSPC.

5.4.3.2 MS-2: curatorship of two (2) full-scale exhibitions or four (4) smaller exhibitions, or in-house curatorship of six to eight (6-8) full-scale borrowed exhibitions depending on the scope of the candidate’s contribution;

authorship or curatorship of other products equivalent to the above in time, substance and impact, making collections and information available to communities, special interest groups and the general public;

a mix of the above as judged appropriate by the MSPC.

5.4.3.3 MS-3: curatorship of three (3) full-scale exhibitions or the equivalent in other types of exhibition work;

authorship or curatorship of other products equivalent to the above in time, substance and impact, making collections information available to communities, special interest groups and the general public;

a mix of the above as judged appropriate by the MSPC.

An MS-3 scholar must have demonstrated leadership in the development of exhibition programs and partnerships within the CMH, nationally, and internationally.

5.4. SCHOLARLY PUBLICATIONS

5.4.4.1 MS-1: authorship of five (5) peer-reviewed scholarly articles or the equivalent in other types of scholarly publications such as books or monographs.

5.4.4.2 MS-2 authorship of ten (10) peer-reviewed scholarly articles or the equivalent in other types of scholarly publications such as books or monographs.

5.4.4.3 MS-3 authorship of twenty (20) peer-reviewed scholarly articles or the equivalent in other types of scholarly publications such as books or monographs.

5.4. .5 COLLECTIONS DEVELOPMENT

5.4.5.1 An “area of the National Collection” refers to a coherent collection as delineated by owner, genre, period, region, affiliation, or artefact type. “Collections development” refers to both the addition of new materials to the CMH’s collections or to other collections of national significance and the augmentation of the contextual and scholarly information associated with an area.

The minimum achievements in Collections Development considered for MS advancement:

5.4.5.2 MS-1: Significant activity in or responsibility for acquisition, organization or study within one collections area which has resulted in important contributions to the augmentation, documentation, organization, or conceptualization of the National Collection or other collections of national significance.

5.4.5.3 MS-2: Significant activity in or responsibility for acquisition, organization or study within one or more collections areas which has resulted in major contributions to the augmentation, documentation, organization, or conceptualization of the National Collection or other collections of national significance.

5.4.5.4 MS-3: Significant activity in or responsibility for acquisition, organization or study within one or more collections areas which has resulted in ground breaking contributions to the augmentation, documentation, organization, or conceptualization of the National Collection or other collections of national significance.

At all three levels, contributions to the development or applications of collections policy or procedures within the CMH may also be considered.

5.4.6 PROFESSIONAL ACTIVITIES

5.4.6.1 MS-1: active participation in Museum special projects and committees and related scholarly, educational and administrative activities; OR active participation in one or more professional activities, regular membership on peer-review juries, granting committees, editorial positions on scholarly journals or professional websites.

5.4.6.2 MS-2: national recognition as an authority within a substantial field of research and significant influence on the direction of research and related scholarly, educational and administrative activities both inside and outside the CMH, as witnessed by leadership roles held within national scholarly and museological societies.

5.4.6.3 MS-3: international recognition as an authority within a substantial field of research and significant influence on the direction of research both inside and outside the CMH, as witnessed by leadership roles within national and international scholarly societies and journal editorial boards. Frequently consulted on museum or scholarly matters by Government or international communities or institutions, requested to represent Canada abroad at symposia.

APPEAL

6. Appeal

6.1 A candidate who wishes to appeal the recommendation of the MSPC must apply in writing to the Director of Research of the concerned Museum, within fifteen (15) working days after having received the summary of the recommendation to their original application for promotion or upon receipt of the letter informing the candidate of the outcome of the Peer review (as per clause 3.19).

6.2 The appeal procedure will be handled by the Chief Operating Officer (COO) or their delegate at which time the candidate will have the opportunity to make a full and complete submission. If desired, the candidate may be accompanied by the President of the CMH-PIPSC Group or their designate. If desired, the COO may be accompanied by a representative of the Museum, provided such representative is not a cause of the original appeal. The COO shall hear the candidate’s submission and render a written decision within fifteen (15) working days of the date of the presentation. This will be a final decision and is not subject to grievance.

6.3 Grounds on which a candidate can appeal the recommendation of the MSPC or the decision of the Director General and Vice President of the concerned Museum include, but are not limited to:

6.3.1 The failure of the MSPC to follow those procedures stipulated in the peer review application process; and

6.3.2 The failure of the MSPC to evaluate fully the candidate’s file as submitted; and

6.3.3 The failure of the Director General and Vice President of the concerned Museum to adhere to the current policy.

6.3.4 Interview the chair of the MSPC, to ascertain additional information pertaining to the appeal.

6.4 In requesting an appeal, no changes can be made to the candidate’s initial application for promotion, and no changes are permitted to the initial list of referees and supporting documents.

APPENDIX “C”

Memorandum of Understanding with Respect to Health and Wellness in the Workplace

BETWEEN

THE CANADIAN MUSEUM OF HISTORY (CMH)

AND

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA (PIPSC)

This letter of agreement addresses issues of health and wellness in the workplace.

The Parties recognize the mutual benefit of promoting employee health and wellness, and are committed jointly to developing skills, knowledge and procedures in support of these.

The Parties agree to establish within six (6) months of the signing of this agreement a Joint Committee to recommend improved measures for the promotion of health and wellness in the workplace. It will continue to exist until such time as the Parties agree that the Committee’s work is completed or is no longer needed.

The Committee’s first task will be to establish terms of reference which may be amended from time to time by mutual consent of the Parties. Included in the Terms of Reference will be direction that the Committee provide a preliminary report to the Parties and to the Occupational Health and Safety Joint Committee, including initial recommendations within twelve (12) months of its establishment. This target date can be amended by mutual agreement of the Parties.

The mandate of the Committee shall include:

Identifying ways to reduce or eliminate the workplace stigma often associated with mental health issues;
Identifying ways to improve communication surrounding health and wellness issues, and to assess such existing tools as workplace policies, procedures, practices and training;
Reviewing and/or recommending current practices and procedures from other jurisdictions or workplaces that might be instructive for the Museum;
Reviewing the National Standard of Canada for Psychological Health and Safety in the Workplace (“the Standard”) and identifying how its implementation may be useful for the Museum;
Coordinating the work of the Committee with the Occupational Health and Safety Committee;
Supporting and coordinating with existing Museum efforts or procedures in this activity area;
Identifying ways to address and respond to the evidence or impact of domestic violence in the workplace in the overall context of an effective health and wellness strategy; and
Reviewing existing regulations and findings regarding domestic violence and the workplace to benefit and inform Museum efforts.

The Committee will be comprised of an equal number of Institute and Employer representatives. The Committee will meet during regular working hours and time spent on the Committee by Institute members will be paid by the Museum.

APPENDIX "D"

Memorandum of Understanding with Respect cessation of accumulation of severance pay for voluntary termination

BETWEEN

THE CANADIAN MUSEUM OF HISTORY (CMH)

AND

THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA (PIPSC)

As per the collective agreement signed by the parties on December 13, 2012, this letter applies to the following employees:

The employees that opted to defer in part or in full the payment of their accumulated severance pay as at September 28, 2012 and receive a lump sum payment at the time of the Employee’s resignation or retirement.

The parties agree that the employee’s rate of pay of their substantive position at the time of their resignation or retirement will be used to calculate their severance pay.

N.B. All payments related to Severance Pay are considered as income and are taxable.

Museum of History Collective Agreement

COLLECTIVE AGREEMENT BETWEEN THE CANADIAN MUSEUM OF HISTORY AND THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

TABLE OF CONTENTS

CHAPTER / ARTICLE

CHAPTER A - GENERAL

ARTICLE A1 – PURPOSE OF AGREEMENT

ARTICLE A2 – RECOGNITION

ARTICLE A3 – APPLICATION

ARTICLE A4 – MANAGEMENT RIGHTS

ARTICLE A5 – INTERPRETATION AND DEFINITIONS

ARTICLE A6 – OFFICIAL TEXTS

CHAPTER B - WORKING CONDITIONS

ARTICLE B1 – HOURS OF WORK

ARTICLE B2 – OVERTIME

ARTICLE B3 – DESIGNATED PAID HOLIDAYS

ARTICLE B4 – TRAVELLING TIME

ARTICLE B5 – CALL BACK AND STANDBY

ARTICLE B6 – IMMUNIZATION

ARTICLE B7 – TECHNOLOGICAL CHANGE

ARTICLE B8 – HEALTH AND SAFETY

ARTICLE B9 – RESEARCH PRODUCTS AND PUBLICATIONS

ARTICLE B10 – PART-TIME EMPLOYEES

ARTICLE B11 – RESTRICTION ON OUTSIDE EMPLOYMENT

ARTICLE B12 – PROBATIONARY EMPLOYEES

CHAPTER C - LEAVES

ARTICLE C1 – LEAVE GENERAL

ARTICLE C2 – VACATION LEAVE

ARTICLE C3 – SICK LEAVE

ARTICLE C4 – SPECIAL VACATION LEAVE WITH PAY

ARTICLE C5 – BEREAVEMENT LEAVE

ARTICLE C6 – MATERNITY AND PARENTAL LEAVE

ARTICLE C7 – LEAVE WITH PAY FOR FAMILY RELATED RESPONSIBILITIES

ARTICLE C8 – LEAVE WITHOUT PAY FOR FAMILY RELATED RESPONSIBILITIES AND PERSONAL NEEDS

ARTICLE C9 – COURT LEAVE

ARTICLE C10 – INJURY-ON-DUTY LEAVE

ARTICLE C11 – COMPENSATORY LEAVE

ARTICLE C12 – CAREER DEVELOPMENT

ARTICLE C13 – LEAVE FOR STAFF RELATED MATTERS

ARTICLE C14 – LEAVE FOR RELIGIOUS OBSERVANCE

ARTICLE C15 – OTHER LEAVE WITH OR WITHOUT PAY

ARTICLE C16 – LEAVE WITHOUT PAY FOR LONG TERM ELDER CARE

ARTICLE C17 – COMPASSIONATE CARE LEAVE

CHAPTER D - LABOUR RELATIONS

ARTICLE D1 – CHECK-OFF

ARTICLE D2 – USE OF MUSEUM FACILITIES

ARTICLE D3 – INFORMATION

ARTICLE D4 – STEWARDS

ARTICLE D5 – GRIEVANCE PROCEDURE

ARTICLE D6 – ARBITRATION PROCEDURE

ARTICLE D7 – JOINT CONSULTATION

ARTICLE D8 – STANDARDS OF DISCIPLINE

ARTICLE D9 – EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES

ARTICLE D10 – NO DISCRIMINATION AND HARASSMENT

CHAPTER E - STAFFING

ARTICLE E1 – STATEMENT OF DUTIES

ARTICLE E2 – REGISTRATION FEES

ARTICLE E3 – STAFFING

ARTICLE E4 – LAY-OFF

CHAPTER F - BENEFITS

ARTICLE F1 – SEVERANCE PAY – INVOLUNTARY SEPARATION

ARTICLE F2 – DIVING ALLOWANCE

ARTICLE F3 – FIELD RESEARCH ALLOWANCE

ARTICLE F4 – BENEFITS AND PENSION PLANS

CHAPTER G - PAY AND DURATION

ARTICLE G1 – PAY

ARTICLE G2 – DURATION

APPENDIX "A"

PAY RATES

PAY RATES FOR NEW EMPLOYEES

PAY RATES FOR EMPLOYEES ON A 37.5 HOUR WORK WEEK

MS LEVEL PAY RATES (37.5 HOUR WORK WEEK)

APPENDIX "B"

MUSEUM SCHOLARS PROMOTION POLICY

APPENDIX “C”

APPENDIX "D"