TABLE OF CONTENTS

NOTE: For ease of reference, an asterisk (*) has been placed beside each article which has been amended or added to this Collective Agreement in the most recent round of collective bargaining. This does not apply where only the numbering of articles has been altered as a result of a new article having been added. *

SECTION I – RELATIONSHIP BETWEEN THE PARTIES

ARTICLE 1     PURPOSE AND APPLICATION OF AGREEMENT

ARTICLE 2*    INTERPRETATION AND DEFINITIONS

ARTICLE 3     OFFICIAL TEXTS

ARTICLE 4     RIGHTS OF EMPLOYEES

ARTICLE 5     REGISTRATION FEES

ARTICLE 6     MANAGEMENT RIGHTS

ARTICLE 7     RECOGNITION

ARTICLE 8     STEWARDS

ARTICLE 9*    USE OF EMPLOYER FACILITIES

ARTICLE 10    CHECK-OFF

ARTICLE 11*   INFORMATION

ARTICLE 12    EMPLOYMENT REFERENCES

ARTICLE 13*   LEAVE FOR STAFF RELATIONS MATTERS

ARTICLE 14    STRIKES AND LOCKOUTS

ARTICLE 15    PUBLICATIONS AND AUTHORSHIP

ARTICLE 16*   PENSION PLAN

SECTION II – CONSULTATION AND REDRESS                                                      

ARTICLE 17    JOINT CONSULTATION

ARTICLE 18    GRIEVANCE AND ARBITRATION PROCEDURE

ARTICLE 19*   NAV CANADA JOINT COUNCIL AGREEMENTS

ARTICLE 20    EMPLOYEE PERFORMANCE ASSESSMENT

ARTICLE 21    DISCIPLINE

ARTICLE 22    ACCESS TO FILES

ARTICLE 23    NO DISCRIMINATION

ARTICLE 24    NO HARASSMENT

SECTION III – LEAVE                                                                                                      

ARTICLE 25    LEAVE GENERAL

ARTICLE 26*   GENERAL HOLIDAYS

ARTICLE 27*   VACATIONS

ARTICLE 28*   DISABILITY INCOME SECURITY IN THE EVENT OF  NON-OCCUPATIONAL ILLNESS OR INJURY

ARTICLE 29    CAREER DEVELOPMENT AND TRAINING

ARTICLE 30*  OTHER LEAVE WITH OR WITHOUT PAY

SECTION IV – HOURS OF WORK AND COMPENSATION                                    

ARTICLE 31    PAY ADMINISTRATION

ARTICLE 32*   HOURS OF WORK

ARTICLE 33*   TELEWORK

ARTICLE 34*   OVERTIME, CALL BACK AND STANDBY

ARTICLE 35*   TRAVELLING TIME

ARTICLE 36*   PART-TIME EMPLOYEES

ARTICLE 37*   SEVERANCE PAY

SECTION V – STAFFING                                                                                                 

ARTICLE 38    STAFFING

ARTICLE 39*  PROBATIONARY PERIOD

ARTICLE 40    SENIORITY

ARTICLE 41    STATEMENT OF DUTIES

ARTICLE 42    CLASSIFICATION

SECTION VI – EMPLOYMENT SECURITY                                                               

ARTICLE 43    EMPLOYMENT SECURITY

ARTICLE 44    TECHNOLOGICAL CHANGE

ARTICLE 45    VEHICLE LIABILITY

SECTION VII – AGREEMENT REOPENER                                                               

ARTICLE 46    AGREEMENT RE-OPENER

ARTICLE 47*  DURATION

SIGNATURES

LETTERS OF UNDERSTANDING

LOU NO. 2-14 – PARKING

LOU NO. 4-14*- DEVELOPMENT PROGRAM

LOU NO. 5-14 – LEAVE BALANCES

LOU NO. 6-14 – DISCRIMINATION AND HARASSMENT POLICY

LOU NO. 7-14* – SALARY NEGOTIATION TRIAL

LOU NO. 1-17* – ELECTRONIC PAY STATEMENT AND TAX FORM DISTRIBUTION

LOU NO. 2-17* – PERFORMANCE MANAGEMENT PROGRAM

LOU NO. 3-17* – NEW CLASSIFICATION PLAN

LOU NO. 4-17* – LEAVE WITH INCOME AVERAGING

LOU NO. 5-17* – REDUCED WORK WEEK TRIAL

LOU NO. 6-17* – END OF CAREER LEAVE PROGRAM TRIAL

APPENDIX A*   PAY SCALES

APPENDIX B    ARTICLES APPLICABLE TO TERM EMPLOYEES

APPENDIX C* NAV CANADA DEPARTURE PROGRAM

APPENDIX D* ARBITRATORS LISTING

ARTICLE 1
 
 PURPOSE AND APPLICATION OF AGREEMENT

1.01     The purpose of this Agreement is to establish and maintain harmonious relationships between NAV CANADA, the Institute and the employees, and to set forth the terms and conditions of employment upon which agreement has been reached through collective bargaining.

1.02     The parties to this Agreement also share a desire to maintain professional standards and to promote safety, excellence, quality, employee satisfaction and customer service in order to enhance the efficiency and productivity of NAV CANADA in a regulated environment.

ARTICLE 2*

  INTERPRETATION AND DEFINITIONS

2.01     Considering that the terms and conditions of employment of employees in the bargaining unit being set out in the present Collective Agreement, it is agreed that in the event of any contradictions between a provision of the present Collective Agreement and any other custom, policy or practice of NAV CANADA, the provisions of the present Collective Agreement shall prevail.

2.02*   For the purpose of this Agreement

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

(b)        “Bargaining unit” means the Groups described in Article 7;

(c)        “Employee representative” means Institute steward, President of the NAV CANADA Group and/or Institute Staff;

(d)       “Employee” means a person employed in the bargaining unit;

(e)        A qualified employee is an employee who meets the basic qualifications and rated requirements of a particular position;

(f)        “Spouse” is one of two people legally married to one another or a person living in conjugal relationship with an employee for a continuous period of at least one (1) year, and who is continuing to live in the conjugal relationship.

(g)        (i)         continuous service means:

            unbroken service from the employee’s last date of hire including authorized leaves of absence and periods of lay-off if the employee is recalled and returns to work.

(ii)        continuous employment means:

            continuous service including the cumulative periods of continuous service where interruptions in service of less than three (3) months occur. The duration of breaks must be subtracted from the period of continuous employment.

(iii)       the continuous service or continuous employment of a “designated” continued employee shall include his or her continuous service or continuous employment as an employee engaged in the Public Service as defined in the Public Service Staff Relations Act (R.S.C. c.P-35 s.i.) as at November 1, 1996 and who was employed in any department or organization mentioned in any version of Part 1, Schedule 1 under the said Act prior to November 1, 1996.

(h)        “Membership dues” means the dues established by the Institute as the dues payable by its members as a consequence of their membership in the Association, and may include fees and assessments;

(i)         “holiday” means the twenty four (24) hour period commencing at 00:00 hours of a day designated as a paid holiday in this Agreement;

(j)         “leave” means authorized absence from duty by an employee during his or her regular or normal hours of work;

(k)        “overtime” means:

(1)        in the case of a full-time employee, authorized work in excess of the employee’s scheduled hours of work;

or

(2)        in the case of a part-time employee, authorized work in excess of seven and one half (7 1/2) hours a day or thirty-seven and one half (37 1/2) hours a week.

(l)         “time and one-half” means one and one-half (1 ½) times the employee’s hourly rate of pay;

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

(n)        “daily rate of pay” means an employee’s weekly rate of pay divided by five (5);

(o)        “hourly rate of pay” means a full-time employee’s weekly rate of pay divided by the normal number of hours in the employee’s work week;

16. “weekly rate of pay” means an employee’s annual rate of pay divided by 52.176.

17. “part-time employee” means a person whose normal scheduled hours of work are less than thirty-seven and one half (37 1/2) hours per week and more than twelve and one half (12 ½) hours per week.

18. “term employee” is a person hired for a specific term. Term employees shall be governed by the provisions of the collective agreement specified in Appendix B.
19. “regular employee” is an employee hired on an ongoing basis for an indeterminate period.

(t)        “Acting Assignment” occurs when an employee is appointed or assigned to a temporary vacancy or a temporary position that is classified at a higher classification level for the specified duration in Article 31.03.

(u)*      “in writing” may be through electronic means.

 

ARTICLE 3

  OFFICIAL TEXTS

3.01     Both the English and French texts of this Agreement will be official.

3.02     Every effort will be made by both parties to ensure an accurate translation. However, should there be a discrepancy between the texts, the text of the language of negotiation shall prevail.

ARTICLE 4

  RIGHTS OF EMPLOYEES

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

ARTICLE 5
 
 REGISTRATION FEES

5.01     Where NAV CANADA determines that there is a requirement for, or a benefit to be derived from, obtaining or maintaining a membership in good standing with an organization or governing body, NAV CANADA will reimburse the employee upon satisfactory evidence of the payment of such fees.

 

5.02     Membership dues referred to in Article 10 (Check-Off) of this Collective Agreement are specifically excluded as reimbursable fees under this Article.

ARTICLE 6

  MANAGEMENT RIGHTS

6.01     The Institute recognizes and acknowledges that NAV CANADA has the exclusive right to manage and direct its operations, subject to the terms of this Collective Agreement.

6.02     In exercising its management rights NAV CANADA will not act in a manner that is arbitrary, discriminatory or in bad faith.

 

ARTICLE 7

  RECOGNITION

7.01     Exclusive Bargaining Agent

NAV CANADA recognizes the Institute as the exclusive bargaining agent for all employees described in the certificates originally issued by the Public Service Staff Relations Board covering NAV CANADA employees in the former Computer Systems Administration Group, the Physical Science Group, the Purchasing and Supply Group and the Engineering and Land Survey Groups and deemed to be certificates of the Canada Labour Relations Board pursuant to the Commercialization of Civil Air Navigation Services Act (SC 1996 C20). Effective from September 19, 2001 (CIRB Order No. 8118-U), NAV CANADA also recognizes the Institute as the exclusive bargaining agent for all employees described in the certificate originally issued by the Public Service Staff Relations Board covering NAV CANADA employees in the former Economics, Sociology, Statistics and Social Science Support Groups and deemed to be certificates of the Canada Labour Board pursuant to the Commercialization of Civil Air Navigation Services Act (SC 1996 C20).

7.02     Union Membership

            (a)        Every employee of the bargaining unit shall become a member and continue his or her membership in the Institute as a condition of his or her employment and every new employee shall, within thirty (30) days after the commencement of his or her employment, apply for and thereafter maintain membership in the Institute as a condition of his or her employment.

            (b)        The Institute will not require NAV CANADA to terminate the employment of an employee because the employee has been expelled or suspended from membership in the Institute for a reason other than a failure to pay the periodic dues, assessments, and initiation fees uniformly required to be paid by all members of the Institute as a condition of acquiring or retaining membership in the Institute.

7.03     (a)          The duties of the bargaining unit as defined by the Certificate referenced in Article 7.01 are to be performed by members of this bargaining unit.  Such work shall not be performed by another NAV CANADA employee outside the bargaining unit unless that work also forms a bona fide part of the duties of that employee.

            (b)          It is understood that management requirements may create work situations where managers may perform duties which are incidental to their management functions and which overlap with bargaining unit duties such as evaluations and training, research, or for operational requirements.

                          In addition to the above, managers shall not perform duties regularly performed by members of the bargaining unit, which may cause or result in the layoff, loss of seniority or service to members in the bargaining unit.

            (c)          Where a potential layoff is created as a direct result of contracting out of the duties that are normally and regularly performed by employees in the bargaining unit, such layoffs will not occur unless all relevant provisions addressing layoffs under the collective agreement have been met.

7.04       Notification

              The Employer shall notify the PIPSC NAV CANADA Group President when it creates a new management position amongst the groups covered by the bargaining unit. The notification will be by means of a letter and/or email with the new job description attached.

7.05       Dispute Resolution

            (a)        In the event that there is a dispute as to whether Management is respecting the provisions of Article 7.03 above, the bargaining agent will bring their complaint to a Union / Management Committee which shall be composed of two union members; the PIPSC NAV CANADA Group President, and a representative of the Institute, and two management representatives; a Vice President or Assistant Vice President and the Assistant Vice President of the Labour Relations Department. A meeting shall be scheduled within twenty (20) days of the complaint being brought to the Employer’s attention.

            (b)        In the event that the parties have been unable to resolve the complaint within thirty (30) days of the first meeting, any outstanding issue(s) may be grieved and referred to arbitration in accordance with the provisions of the collective agreement.

7.06     Where because of operational requirements, if either party deems it desirable to deviate from this understanding, the parties agree to enter into discussions to consider such proposal of either party and may mutually agree to make exemptions to the foregoing.

ARTICLE 8

  STEWARDS

8.01     NAV CANADA acknowledges the right of the Institute to appoint Stewards from amongst the members of bargaining units for which the Institute is the certified bargaining agent. NAV CANADA and the Institute shall, by mutual agreement, determine the area of jurisdiction of each Steward, having regard to the plan of organization and the distribution of employees.

8.02     The Institute shall notify NAV CANADA promptly and in writing of the names of its Stewards.

8.03     Leave for Stewards

Operational requirements permitting, NAV CANADA shall grant leave with pay to an employee to enable him or her to carry out his or her functions as a Steward on NAV CANADA’s premises. When the discharge of these functions require an employee who is a Steward to leave his or her normal place of work, the employee shall report his or her return to his or her supervisor whenever practicable.

ARTICLE 9*

  USE OF EMPLOYER FACILITIES

9.01     Access by an Accredited Institute Employee Representative

An accredited Institute employee representative may be permitted access to NAV CANADA’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 NAV CANADA.

9.02*   Institute Communication

Notwithstanding any agreement that might be reached in consultation regarding the use of electronic bulletin boards and corporate e-mail system, NAV CANADA shall designate at each location Union bulletin boards in suitable places on its premises and allow use of the corporate e-mail system for the posting of Institute material regarding meetings, elections, negotiations, Institute policies and positions, and internal affairs of the Institute. Posting or distribution of notices or other materials require the prior approval of NAV CANADA. Such approval shall not be unreasonably withheld.

9.03     Institute Literature

NAV CANADA will where practicable 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.

9.04     Meetings on Premises

NAV CANADA may permit the Institute to use NAV CANADA’s premises outside the working hours of the employees and during meal periods for conducting meetings of their members, where refusal to grant permission would make it difficult for the Institute to convene a meeting. Such meetings shall not interfere with NAV CANADA’s operations.

ARTICLE 10

 CHECK-OFF

10.01   NAV CANADA will as a condition of employment deduct an amount equal to the amount of the membership dues from the monthly pay of all employees in the bargaining unit.

10.02   The Institute shall inform NAV CANADA in writing of the authorized monthly deduction to be checked off for each employee defined in clause 10.01.

10.03   For the purpose of applying clause 10.01, deductions from pay for each employee in respect of each month will start with the first full month of employment to the extent that earnings are available.

10.04   From the date of signing and for the duration of this Agreement, no bargaining agent, as defined in Section 3 of the Canada Labour Code, other than the Institute, shall be permitted to have membership dues and/or other monies deducted by NAV CANADA from the pay of employees in the bargaining unit.

10.05   The amounts deducted in accordance with clause 10.01 shall be remitted to the Institute within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on his or her behalf.

10.06   NAV CANADA agrees to make deductions for other purposes on the basis of the production of appropriate documentation.

10.07   The Institute agrees to indemnify and save NAV CANADA harmless against any claim or liability arising out of the application of this Article. Notwithstanding this, once NAV CANADA has been notified of the error by the Institute the liability assumed shall not be so limited if NAV CANADA has failed to correct the error within two pay periods of the date of notification.

ARTICLE 11*

 INFORMATION

11.01   Employee Information

NAV CANADA agrees to provide the Group President and the Institute with a list of all employees in the bargaining unit and thereafter, will provide on a monthly basis, a list of all employees who have entered the bargaining unit together with a list of all employees who have left the bargaining unit.

The lists referred to herein shall include the following:

Employee’s name

Position and employee numbers

Date of hiring

Start and end dates of assignments for substantive and acting positions

Status

Full-time, part-time or term with duration

Classification and level (permanent and acting)

Job title (permanent and acting)

Work location description

Current salary

Staffing reason

Salary protection (where applicable)

Department

Section

Effective dates of any changes of employee status

Names, classification and effective dates of any changes in employee status

Employees who have left the bargaining unit

List of changes since last report

NAV CANADA agrees to provide the Group President and the Institute the following information upon request:

Home and work coordinates as follows: postal and email addresses, phone numbers and fax number.

11.02* Copies of the Collective Agreement

NAV CANADA agrees to supply each employee with a USB key containing a copy of the Collective Agreement and any other information agreed to by the parties. The cost of the USB key will be divided equally between NAV CANADA and the Institute.

11.03 Union Briefings

NAV CANADA shall provide the Institute opportunities to brief managers about the role of the Institute in the workplace at least once annually.

ARTICLE 12

 EMPLOYMENT REFERENCES

12.01   As a reply to a specific request in writing by an employee, NAV CANADA shall provide the following information to the prospective Employer:

• duration of service
• principal duties and responsibilities

and/or

• a letter of reference at the discretion of NAV CANADA.

ARTICLE 13*

 LEAVE FOR STAFF RELATIONS MATTERS

13.01   Canada Industrial Relations Board

            Where operational requirements permit, NAV CANADA will grant:

(a)        leave with pay to an employee who makes a complaint on his or her own behalf alleging a violation of any paragraph of Section 94 of the Canada Labour Code;

(b)        leave without pay to an employee who makes a complaint on his or her own behalf, alleging a violation of any section other than S.94 of the Canada Labour Code; and

(c)        leave without pay to an employee representative employed by NAV CANADA who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute making a complaint.

13.02   Canada Labour Code Applications for Certification

            Where operational requirements permit, NAV CANADA will grant leave with pay:

(a) to an employee representative employed by NAV CANADA who represents the Institute in an application for certification or in an intervention; and

(b) to an employee who makes personal representations with respect to certification.

13.03* Contract Negotiations

Where operational requirements permit:

(a)        NAV CANADA will grant leave without pay to a reasonable number of employees for the purpose of attending preparatory contract negotiation meetings.

(b)     &nbsp