Agreement between The House of Commons and the
Professional Institute of the Public Service of Canada
Procedural Clerks and Analysis and Reference Bargaining Unit
Expiry Date: March 31, 2020
Table of Contents
PURPOSE AND SCOPE OF AGREEMENT.
NO DISCRIMINATION OR HARASSMENT.
PART B STAFF RELATIONS MATTERS.
10.01 Access by an Institute Representative.
10.02 Dissemination of Information.
LEAVE FOR STAFF RELATIONS MATTERS.
FEDERAL PUBLIC SECTOR LABOUR RELATIONS AND EMPLOYMENT BOARD HEARINGS.
13.01 Complaints under Section 13 of the Parliamentary Employment and Staff Relations Act
13.03 Employee Called as a Witness.
13.04 Adjudication Hearings and Alternate Dispute Resolution Process
13.05 Employee Called as a Witness.
13.06 Employee Who is a Party.
13.07 Employee Who Acts as Representative.
13.08 Employee Called as a Witness.
MEETINGS DURING THE GRIEVANCE PROCESS.
13.09 Employee Presenting a Grievance.
13.10 Employee Who Acts as Representative.
13.11 Grievance Investigations.
13.12 Contract Negotiation Meetings.
13.13 Preparatory Contract Negotiations Meeting.
13.14 Meetings between the Institute and Management
13.15 Institute Meetings and Conventions.
13.16 Steward Training Courses.
13.17 Arbitration Board and Alternate Dispute Resolution Process
GRIEVANCES AND DISPUTE RESOLUTION.
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES.
21.03 Annual Schedule of Long and Short Weeks.
21.04 Alternate Annual Schedule of Long and Short Weeks.
24.03 Designated Paid Holiday Falling on a Day of Rest
24.05 Compensation for Work on a Paid Holiday.
24.06 Designated Paid Holiday Coinciding with a Day of Paid Leave
26.02 Accumulation of Vacation Leave Credits.
26.04 Entitlement to Vacation Leave with Pay.
26.05 Provision for Vacation Leave.
26.06 Replacement of Vacation Leave.
26.07 Carry-over and Liquidation.
26.08 Recall from Vacation Leave.
26.10 Cancellation of Vacation Leave.
26.11 Leave when Employment Terminates.
26.12 Vacation Leave Credits for Severance Pay.
26.13 Recovery on Termination.
26.14 Supplementary Vacation Leave Credits.
26.15 One-time Vacation Leave Credit
OTHER LEAVE WITH OR WITHOUT PAY.
28.02 Bereavement Leave with Pay.
28.03 Maternity Leave without Pay.
28.05 Special Maternity Allowance for Totally Disabled Employees
28.06 Parental Leave without Pay.
28.08 Special Parental Allowance for Totally Disabled Employees
28.09 Leave without Pay for Care and Nurturing.
28.10 Leave without Pay for Personal Needs.
28.11 Leave with Pay for Family-Related Responsibilities.
28.13 Injury-on-Duty Leave with Pay.
28.16 Personnel Selection Leave.
28.17 Leave with Pay for Religious Observances.
28.18 Leave without Pay with Income-Averaging.
28.20 Leave with pay for Medical Appointment.
28.22 Other Leave without Pay.
28.23 Position on Returning from Leave.
29.04 Career Development Activities.
29.06 Attendance at Conferences and Conventions.
29.07 Professional Development
(d) Termination for Incapacity or Incompetence.
30.04 Appointment to another Organization.
38.06 Pay Increment Administration.
38.09 Rate of Pay on Promotion.
38.10 Where the New Maximum Rate does not exceed the Former Maximum Rate by Four Percent or More
38.11 Rate of Pay on Demotion.
38.12 Rate of Pay on Reclassification to a Level with a Lower Maximum Rate
Procedural Clerks and Analysis and Reference (IPG)
LETTER OF AGREEMENT – HOURS OF WORK.
MEMORANDUM OF AGREEMENT DEFERRED SALARY LEAVE PLAN
PART A GENERAL
ARTICLE 1
PURPOSE AND SCOPE OF AGREEMENT
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relations between the Employer, the employees and the Institute by setting 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.
1.02 The parties to this Agreement share a desire to improve the quality of services to the House of Commons and to promote the well-being and professionalism of its employees to the end that the members of the House of Commons will be well and efficiently served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the House of Commons in which members of the bargaining unit are employed.
ARTICLE 2
DEFINITIONS
2.01 For the purpose of this Agreement:
(a) “bargaining unit” means the employees of the Employer in the Procedural Clerks and Analysis and Reference Sub-Groups as described in the certificate issued by the Public Service Staff Relations Board on April15,1987; «unité de négociation»
(b) “Continuous employment” means continuous employment and other employment with breaks in service of less than three (3) months in:
(i) the House of Commons or another institution that is an employer under the terms of section 3 of the Parliamentary Employment and Staff Relations Act;
(ii) the office of a Member of Parliament; or
(iii) a department named in Schedule 1, a portion of the federal public administration named in Schedule IV, or a separate agency in Schedule V of the Financial Administration Act.
«emploi continu»
(c) “daily rate of pay” means an employee’s weekly rate of pay divided by five (5);
«taux de rémunération journalier»
(d) “day of rest” means a day, other than a designated paid holiday, on which an employee is not ordinarily required to perform assigned duties, other than by reason of being on leave;
«jour de repos»
(e) “designated paid holiday” means the twenty-four (24) hour period commencing at 00:01 hour on a day designated as a holiday in this Agreement;
«jour férié payé»
(f) “double time” means two (2) times the employee’s hourly rate of pay;
«tarif double»
(g) “employee” means a person who is so defined by the Parliamentary Employment and Staff Relations Act and is a member of the bargaining unit;
«employé»
(h) “Employer” means the House of Commons as represented by the Board of Internal Economy and includes any person authorized to exercise the authority of the Board of Internal Economy;
«employeur»
(i) “hourly rate of pay” means a full-time employee’s weekly rate of pay divided by thirty-five (35);
«taux de rémunération horaire»
(j) “Institute” means the Professional Institute of the Public Service of Canada;
«Institut»
(k) “lay-off” means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function;
«mise en disponibilité»
(l) “leave” means authorized absence from duty;
«congé»
(m) “membership dues” means the dues established pursuant to the by-laws and regulations of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy;
«cotisations syndicales»
(n) “straight time” means the equivalent of the employee’s hourly rate of pay;
«tarif normal»
(o) “time and one-half” means one and one-half (1½) times the employee’s hourly rate of pay; and
«tarif et demi»
(p) “weekly rate of pay” means an employee’s annual rate of pay divided by 52.176.
«taux de rémunération hebdomadaire»
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
(a) if defined in the Parliamentary Employment and Staff Relations Act, have the meaning given to them in that Act; and
(b) if defined in the Interpretation Act but not defined in the Parliamentary Employment and Staff Relations Act, have the meaning given to them in the Interpretation Act.
ARTICLE 3
OFFICIAL TEXTS
3.01 Both the English and French texts of this Agreement shall be official.
ARTICLE 4
APPLICATION
4.01 The provisions of this Agreement apply to the Institute, the employees and the Employer.
4.02 In this Agreement, words importing the masculine gender shall include the feminine gender.
An employee whose normal scheduled hours of work are on average less than thirty-five (35) hours per week shall be entitled to the benefits provided under this Agreement in the same proportion as the employee’s weekly hours of work compared with the normal scheduled weekly hours of work of a full-time employee, except that:
(a) the part-time employee shall be paid at the hourly rate of pay for all hours of work performed up to thirty-five (35) hours in a week;
(b) leave will only be provided:
(i) where it may displace other leave as prescribed by this Agreement, or
(ii) during those periods in which the part-time employee is scheduled to perform assigned duties.
(c) the day-of-rest provisions in this Agreement apply only in a week when the part-time employee has worked a minimum of thirty-five (35) hours in the week;
(d) the part-time employee shall not be paid for the designated holidays but shall instead be paid a premium of four point six percent (4.6%) for all straight-time hours during the period of part-time employment;
(e) the part-time employee who is required to work on a day prescribed as a designated paid holiday for a full-time employee in clause 24.01 of this Agreement shall be compensated at time and one-half (1 ½) the hourly rate of pay for all hours worked on the holiday; and
(f) notwithstanding the provisions of Article 30 (Severance Pay), an employee whose continuous employment is a combination of both full-time and part-time continuous employment shall, for the purpose of severance pay, have those completed years of part-time continuous employment reduced in the same proportion as the part-time weekly hours of work compare with the normal scheduled weekly hours of work of a full-time employee, and when such an employee is, on the date of the termination of employment, a part-time employee, the weekly rate of pay referred to in Article 30 shall be the weekly rate of pay that the employee is being paid on termination, adjusted to the full-time weekly rate.
ARTICLE 5
MANAGEMENT RIGHTS
5.01 All the functions, rights, powers and authority that the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.
ARTICLE 6
RIGHTS OF EMPLOYEES
6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee’s constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.
ARTICLE 7
NO DISCRIMINATION OR HARASSMENT
7.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, mental or physical disability, conviction for which a pardon has been granted, family status, marital status, or membership or activity in the Institute.
7.02 The Institute and the Employer recognize the right of employees to work in an environment free from any form of harassment. The parties agree that harassment will not be tolerated in the workplace. For purposes of this Agreement, “harassment”, “sexual harassment” and “abuse of authority” shall have the meaning the terms are given in the House of Commons Harassment Prevention Policy.
7.03 It is not a discriminatory practice for the Employer to adopt or carry out a special program, plan or arrangement designed to prevent disadvantages that are likely to be suffered by, or to eliminate or reduce disadvantages that are suffered by, any group of individuals when those disadvantages would be or are based on or related to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or disability of members of that group, by improving opportunities respecting services, facilities, accommodation or employment in relation to that group.
7.04 Where a person delegated by the Employer to hear a grievance dealing with discrimination or harassment is the subject of the complaint, the Employer shall appoint another representative to hear the grievance.
PART B STAFF RELATIONS MATTERS
ARTICLE 8
RECOGNITION
8.01 The Employer recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff Relations Board on April 15, 1987, in respect of the Procedural Clerks and the Analysis and Reference Sub-Groups.
8.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a Collective Agreement, and the Employer and the Institute agree to bargain in good faith in accordance with the provisions of the Parliamentary Employment and Staff Relations Act.
ARTICLE 9
CHECK-OFF
9.01 The Employer shall, as a condition of employment, deduct an amount equal to the amount of the membership dues from the monthly pay of each employee.
9.02 The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee as stipulated in clause 9.01.
9.03 For the purpose of clause 9.01, deductions from pay for each employee in respect of each month shall start with the first full month of employment to the extent that earnings are available.
9.04 An employee who satisfies the Employer and the Institute by affidavit that the employee:
(a) is a member of a recognized religious organization whose doctrine prevents as a matter of conscience financial contributions to an employee organization, and
(b) will make contributions equal to dues to a charitable organization,
shall not be subject to this Article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved.
9.05 No employee organization as defined in section 3 of the Parliamentary Employment and Staff Relations Act, other than the Institute, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of an employee.
9.06 The amount deducted in accordance with clause 9.01 shall be remitted to the Institute by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee, with the social insurance number and deductions made on behalf of that employee.
9.07 The Employer agrees to make deductions for other purposes on the basis of the production of appropriate documentation.
9.08 The Institute agrees to indemnify and save the Employer 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 Employer, in which case the liability shall be limited to the amount of the error.
9.09 When it is mutually acknowledged that an error has been committed, the Employer shall endeavour to correct such error within the two (2) pay periods following the acknowledgement of error.
9.10 The Employer agrees to supply each employee with an official receipt for income tax purposes of membership dues deducted from pay pursuant to this Article, such receipt to be provided on or before February 28 following the taxation year.
ARTICLE 10
USE OF EMPLOYER FACILITIES
10.01 Access by an Institute Representative
An accredited representative of the Institute may be permitted access to the Employer’s premises on stated Institute business and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer.
10.02 Dissemination of Information
Reasonable access to means of communication available at the House of Commons shall be provided to the Institute for the dissemination of official notices. Notices or other material shall require the prior approval of the Employer, except notices relating to the business affairs of the Institute and social recreational events. The Employer shall have the right to refuse the dissemination of any information it considers adverse to its interests or to the interests of any of its representatives.
The Employer shall make available to the Institute a specific location on its premises for the storage and placement of a reasonable quantity of Institute files and literature.
ARTICLE 11
INFORMATION
11.01 The Employer agrees to supply the Institute every second month with a list of all employees in the bargaining unit. Such list shall include the name, classification and work unit of each employee. The list shall also include names of employees who have left or joined the bargaining unit and, in the case of an employee leaving the bargaining unit, whether that employee has permanently departed or is on leave without pay. The above lists shall be provided to the Institute within fifteen (15) calendar days of the beginning of the second month.
11.02 The Employer agrees to make an electronic version of this Agreement and any amendments thereto available to employees.
11.03 At the written request of an employee, the Employer shall make available at a mutually satisfactory time any policy or directive which has a direct bearing on the requesting employee’s terms and conditions of employment.
11.04 A new employee shall have an electronic version of this Agreement made available to him or her, and also be provided with a description of duties and responsibilities and detailed information concerning the pension plan and insurance plans within five (5) working days of the employment start date. Changes made to the above documents shall be communicated electronically to the employees.
ARTICLE 12
STEWARDS
12.01 The Employer acknowledges the right of the Institute to appoint stewards from amongst the members of the bargaining unit.
12.02 The Employer and the Institute shall, by mutual agreement, determine the area of jurisdiction of each steward, having regard to the organization plan and the distribution of employees.
12.03 The Institute shall inform the Employer promptly and in writing of the names of its stewards, their jurisdiction, and of any subsequent changes.
Where operational requirements permit, the Employer shall grant time off with pay to enable an employee to carry out functions as a steward on the Employer’s premises. When the discharge of these functions requires the employee to leave the normal place of work, the employee’s return shall be reported to the supervisor whenever practicable.
ARTICLE 13
LEAVE FOR STAFF RELATIONS MATTERS
PUBLIC SERVICE STAFF RELATIONS BOARD HEARINGS
13.01 Complaints under Section 13 of the Parliamentary Employment and Staff Relations Act
Where operational requirements permit, the Employer shall grant leave with pay to an employee who makes a complaint on the employee’s behalf before the Public Service Staff Relations Board, or to an employee who acts on behalf of another employee making a complaint or who acts on behalf of the Institute making a complaint.
13.02 Applications for Certification, Representations and Interventions with respect to Applications for Certification
Where operational requirements permit, the Employer shall grant leave without pay:
(a) to an employee who represents the Institute in an application for certification or in an intervention, and
(b) to an employee who makes personal representations wit