COLLECTIVE AGREEMENT
BETWEEN
THE SENATE OF CANADA
AND
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
Expiry date: September 30, 2018
TABLE OF CONTENTS
ARTICLE SUBJECT
1 Purpose of agreement
2 Interpretation and definitions
3 Official texts
4 Application
5 Management rights
6 Rights of employees
7 Parliamentary privilege
8 Future legislation and the collective agreement
9 No discrimination
10 Recognition
11 Union Dues
12 Use of Employer facilities
13 Information
14 Stewards
15 Leave for staff relations matters
16 Interpretation of agreement
17 Grievance procedure
18 Joint consultation
19 Employee performance review and employee files
20 Statement of duties
21 Employment references
22 Contracting out
23 Standards of discipline and disciplinary action
* 24 Hours of work and compensation for extra hours worked
25 Travelling
26 Designated paid holidays
27 Leave – general
28 Vacation leave
29 Sick leave
* 30 Other leave with or without pay
31 Career development
32 Severance Pay
33 Technological change
34 Health and safety
35 Insurance plans
36 Pay administration
37 Agreement re-opener
38 Harassment
39 Restriction from outside employment
40 Job security
41 Publications and authorship
42 Privacy and confidentiality
43 Terms and conditions of part-time employees
* 44 Duration of agreement
* Signatures
APPENDICES
* APPENDIX “A” – Rates of pay
APPENDIX “B” – Memorandum of Agreement respecting pay on reclassification or conversion of employees in the legislative clerk sub-group Senate of Canada
APPENDIX “C” – Memorandum of Agreement respecting variable hours of work
APPENDIX “D” – Memorandum of Agreement respecting Pre-Retirement Transition Leave Policy
APPENDIX “E” – Archived Provisions for the Elimination of Severance Pay for Voluntary Separations (Resignation and Retirement)
ARTICLE 1
PURPOSE OF AGREEMENT
1.01 – The purpose of this agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees and the Institute, to set forth certain terms and conditions of employment relating to compensation, 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 maintain and respect the professionalism of employees, to continue the effective performance of assigned duties in the work place and to promote the well-being of members of the bargaining unit to the end that the Senate of Canada and the people of Canada will be well served. Accordingly, they are determined to establish within the framework provided by law an effective working relationship at all levels of the Senate of Canada in which members of the bargaining unit are employed.
ARTICLE 2
INTERPRETATION AND DEFINITIONS
2.01 – For the purpose of this agreement
(a) “bargaining unit” means the employees of the Employer in the Legislative Clerk Sub-group as described in the certificate issued by the Public Service Staff Relations Board on March 24, 1987 (unité de négociation);
(b) “common-law partner” means a person living in a conjugal relationship with an employee for a continuous period of at least one year (conjoint de fait);
(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” in relation to an employee means a day, other than a designated paid holiday, on which that employee is not ordinarily required to perform the duties of his position other than by reason of his being on leave (jour de repos);
(e) “employee” means a person so defined by the Parliamentary Employment and Staff Relations Act who is a member of the bargaining unit (employé);
(f) “Employer” means the Senate of Canada and includes any person authorized to exercise the authority of the Senate of Canada pursuant to the Parliamentary Employment and Staff Relations Act (employeur);
(g) “holiday” means the twenty-four (24) hour period commencing at 00:01 hour of a day designated as a designated paid holiday in this agreement (jour férié);
(h) “hourly rate of pay” means a full-time employee’s weekly rate of pay divided by thirty-five (35) (taux de rémunération horaire);
(i) “Institute” means the Professional Institute of the Public Service of Canada (Institut);
(j) “lay-off” means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function (licenciement);
(k) “leave” means authorized absence from duty by an employee during his regular or normal hours of work (congé);
(l) “spouse” will, when required, be interpreted to include “common-law partner” (époux);
(m) “time and one-half” means one and one-half (1½) times the employee’s hourly rate of pay (tarif et demi);
(n) “union 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);
(o) “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 same meaning as given to them in the Parliamentary Employment and Staff Relations Act,
and
(b) if defined in the Interpretation Act but not defined in the Parliamentary Employment and Staff Relations Act, have the same meaning as 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.
3.02 – Appendixes and attached documents are part of this Agreement.
ARTICLE 4
APPLICATION
4.01 – The provisions of this agreement apply to the Institute, employees and the Employer.
4.02 – In this agreement, words importing the masculine gender shall include the feminine gender.
ARTICLE 5
MANAGEMENT RIGHTS
5.01 – All the functions, rights, power and authority which the Employer has not specifically abridged, delegated or modified by this agreement are recognized by the Institute as being retained by the Employer.
5.02 – The Employer agrees that new policies which would affect the majority of employees in the bargaining unit or existing policies similarly affecting the majority of employees in the bargaining unit will not be introduced or cancelled without prior consultation with the Institute.
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
PARLIAMENTARY PRIVILEGE
7.01 – Nothing in this agreement abrogates or derogates from any of the privileges, immunities and powers referred to in Section 4 of the Parliament of Canada Act.
ARTICLE 8
FUTURE LEGISLATION AND THE COLLECTIVE AGREEMENT
8.01 – If any law now in force or enacted during the term of this agreement renders null and void any provision of this agreement, the remaining provisions shall remain in effect for the term of the agreement. The parties shall thereupon seek to negotiate substitute provisions which are in conformity with the applicable law.
ARTICLE 9
NO DISCRIMINATION
9.01 – There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religion, sex, sexual orientation, physical or mental disability, family status, marital status, conviction for which a pardon has been granted or membership or activity in the Institute.
9.02 –
(a) 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, creed, national or ethnic origin, colour, religion, age, sex or sexual orientation or disability of members of that group, by improving opportunities respecting services, facilities, accommodation or employment in relation to that group.
The Employer will consult the Institute before making program endeavours as per clause 9.02(a).
ARTICLE 10
RECOGNITION
10.01 – 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 March 24, 1987 in respect of the Legislative Clerk Sub-Group.
10.02 – 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 11
UNION DUES
11.01 – The Employer will as a condition of employment deduct an amount equal to the amount of the union dues from the monthly pay of all employees in the bargaining unit.
11.02 – The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee as defined in clause 11.01.
11.03 – For the purpose of applying clause 11.01, 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.
11.04 – An employee who satisfies the Employer and the Institute by affidavit that he, the employee:
(a) is a member of a religious organization whose doctrine prevents him as a matter of conscience from making 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.
11.05 – 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 union dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.
11.06 – The amount deducted in accordance with clause 11.01 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, his social insurance number and the deductions made on his behalf.
11.07 – The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of the appropriate documentation.
11.08 – 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.
11.09 – 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 that error.
11.10 – The Employer agrees to supply each employee with an official receipt for income tax purposes of union dues deducted from pay pursuant to this Article, such receipt to be provided on or before February 28th following the taxation year in question.
ARTICLE 12
USE OF EMPLOYER FACILITIES
Access by an Institute Representative
12.01 – Accredited representatives of the Institute shall 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.
Communications
12.02 – Reasonable access to means of communication available at the Senate will 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 and recreational events. The Employer shall have the right to refuse the dissemination of any information it considers adverse to the interests of any of its representatives.
Institute Literature
12.03 – The Employer will 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.
Meeting Rooms
12.04 – Subject to the availability of meeting rooms, the Employer agrees on request to provide the Institute with a room on its premises for the purpose of holding a meeting of Institute members.
ARTICLE 13
INFORMATION
13.01 – The Employer agrees to supply the Institute on a quarterly basis with a list of all employees in the bargaining unit. The list referred to herein shall include the name and classification of each employee and shall be provided within one month following the termination of each quarter.
13.02 – The Employer agrees to supply each employee with a copy of the collective agreement and any amendments thereto. For the purpose of satisfying the Employer’s obligation under this clause, employees may be given electronic access to this Agreement.
13.03 – Upon the written request of an employee, the Employer shall make available at a mutually satisfactory time any policy or document which has a direct bearing on the requesting employee’s terms and conditions of employment.
13.04 – The Employer agrees to acquaint new employees with the fact that a collective agreement is in effect and to provide such employees with a copy of the collective agreement within five (5) working days from the first day of working on the job.
13.05 – The Employer agrees to introduce new and/or newly transferred employees to their union representative on the first day of working on the job, or as soon thereafter as possible.
13.06 – When employees enter or leave the bargaining unit, the Employer shall notify the Institute within 15 (fifteen) working days.
13.07 – New employees shall be provided with a copy of the job description related to their position, and the pertinent organizational chart as well as a detailed folder concerning the employee’s pension plan and insurance plans. Changes made to the above documents shall be communicated in writing to the employee.
ARTICLE 14
STEWARDS
14.01 – The Employer acknowledges the right of the Institute to appoint Stewards from amongst the members of the bargaining unit for which the Institute is the certified bargaining agent.
14.02 – The Institute shall determine the area of jurisdiction of each Steward, having regards to the structure of organization and the distribution of employees.
14.03 – The Institute shall inform the Employer promptly and in writing of the names of its Stewards, their jurisdiction, and of any subsequent changes.
14.04 – Operational requirements permitting, the Employer shall grant time-off with pay to an employee to enable him to carry out his functions as a Steward on the Employer’s premises. When the discharge of these functions requires an employee who is a Steward to leave his normal place of work, the employee shall inform his supervisor of his return to work whenever practicable.
ARTICLE 15
LEAVE FOR STAFF RELATIONS MATTERS
Public Service Labour Relations and Employment Board Hearings; complaint made to the Public Service Labour Relations and Employment Board pursuant to Section 13 of the Parliamentary Employment and Staff Relations Act
15.01 – Where operational requirements permit, the Employer will grant leave with pay:
(a) to an employee who makes a complaint on his own behalf, before the Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute making a complaint.
Applications for Certification, Representations and Interventions with respect to Applications for Certification
15.02 – Where operational requirements permit, the Employer will 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 with respect to a certification.
Employee called as a Witness
15.03 – The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations Board,
and
(b) where operational requirements permit, to an employee called as a witness by an employee or the Institute.
Arbitration Board
15.04 – Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board.
Employee called as a Witness
15.05 – The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board and, where operational requirements permit, leave with pay to an employee called as a witness by the Institute.
Adjudication
15.06 – Where operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an adjudication,
or
(c) a witness called by an employee who is a party to an adjudication.
Meetings during the Grievance Process
15.07 – Where operational requirements permit, the Employer will grant time-off with pay to an employee who presents a grievance.
Employee who acts as representative
15.08 – Where an employee wishes to represent at a meeting with the Employer an employee who has presented a grievance, the Employer will, where operational requirements permit, grant time-off with pay to the representative.
Grievance Investigations
15.09 – Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable time-off with pay for this purpose.
Contract Negotiations Meetings
15.10 – Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.
Preparatory Contract Negotiations Meetings
15.11 – Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.
Meetings Between the Institute and Management
15.12 – Where operational requirements permit, the Employer will grant time-off with pay to an employee who is meeting with management on behalf of the Institute.
Institute Meetings and Conventions
15.13 – Where operational requirements permit, the Employer will grant leave without pay to an employee to attend meetings and conventions of the Institute.
Stewards Training Courses
15.14 –
(a) Where operational requirements permit, the Employer 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.
(b) Where operational requirements permit, the Employer will grant leave with pay to employees appointed as Stewards by the Institute, to attend training sessions concerning Employer-employee relations sponsored by the Employer.
ARTICLE 16
INTERPRETATION OF AGREEMENT
16.01 – The parties agree that, in the event of a dispute arising out of the interpretation of a clause or Article in this agreement, it is desirable that the parties should meet within a reasonable time and seek to resolve the problem. This Article does not prevent an employee from availing himself of the grievance procedure provided in this agreement.
ARTICLE 17
GRIEVANCE PROCEDURE
17.01 –
(a) The parties share a desire to resolve disputes and disagreements through prompt and open discussion and creative problem solving. These processes might involve the use of a mediator, if the parties agree. The parties recognize the value of informal discussion between employees and their supervisors in order to resolve outstanding issues, both prior to the issuance of a grievance or during the grievance process.
(b) When an employee, within the time limits prescribed in clause 17.08 gives notice that he wishes to take advantage of this clause, it is agreed that the time spent attempting to resolve the issues at hand through formal alternative resolution processes shall not count as elapsed time for the purpose of grievance time limits.
17.02 – An employee who wishes to present a grievance at a prescribed level in the grievance procedure, shall transmit his grievance to his Specified Officer who shall forthwith:
(a) forward the grievance to the representative of the Senate authorized to deal with grievances at the appropriate level,
and
(b) provide the employee with a receipt stating the date on which the grievance was received by him.
17.03 – A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not filed on the form supplied by the Senate.
17.04 – Subject to and as provided in Section 62 of the Parliamentary Employment and Staff Relations Act, an employee who feels that he has been treated unjustly or considers himself aggrieved by an action or lack of action by the Employer is entitled to present a grievance in the manner prescribed in clause 17.02, except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with his specific complaint, such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this collective agreement or an arbitral award, he is not entitled to present the grievance unless he has the approval of and is represented by the Institute.
17.05 – There shall be no more than three (3) levels in the grievance procedure. These levels shall be as follows:
(a) Level 1 – First level of management.
(i) Where appropriate and agreed by the parties, the services of a mediator may be employed. A decision rendered at this level in the context of mediation shall report only that the grievance has been resolved or that it has not been resolved.
(b) Level 2 – Directorate level.
(c) Final Level – Clerk of the Senate or his representative.
17.06 – The Clerk of the Senate shall inform each employee to whom the procedure applies of the name or title of the persons so designated together with the name or title and address of the Specified Officer to whom a grievance is to be presented. This information shall be communicated to employees by means of notices posted in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or as otherwise determined between the Employer and the Institute.
17.07 – If he so desires, an employee may be assisted or represented by the Institute when presenting a grievance at any step. The Institute shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
17.08 – An employee may present a grievance to the first level of the procedure not later than the twenty-fifth (25) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to the grievance.
17.09 – A grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Senate on the date it is delivered to the branch or division concerned.
Similarly, the Administration of the Senate shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the grievor may present his grievance at the next higher level shall be calculated from the date on which the Senate’s reply was delivered to the address shown on the grievance form.
17.10 – The Employer shall normally reply to an employee’s grievance at any level in the grievance procedure, except the final level, within ten (10) days after the date the grievance is presented at that level. Where such decision or settlement is not satisfactory to the employee, he may submit a grievance at the next higher level in the grievance procedure within ten (10) days after that decision or settlement has been conveyed to him in writing.
17.11 – If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at the first level, the employee may, within the next ten (10) days, submit the grievance at the final level of the grievance procedure.
17.12 – The Employer shall normally reply to an employee’s grievance at the final level of the grievance procedure, within thirty (30) days after the grievance is presented at that level.
17.13 – Where an employee has been represented by the Institute in the presentation of his grievance, the Employer will provide the appropriate representative of the Institute with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the employee.
17.14 – The decision given by the Senate at the final level in the grievance procedure shall be final and binding upon the employee, unless the grievance is a class of grievance that may be referred to adjudication.
17.15 – In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.
17.16 – The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Institute representative, except as provided in clause 17.18.
17.17 – The first and/or the second levels may be eliminated by agreement between the Employer and the employee and, where appropriate, the Institute.
17.18 – Where the grievance relates to termination of employment, demotion, appointment or classification, the grievance shall be presented at the final level only.
17.19 – An employee may abandon a grievance by written notice to his Specified Officer.
17.20 – An employee who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance, unless he was unable to comply with the prescribed time limits due to circumstances beyond his control.
17.21 – No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his grievance or refrain from exercising his right to present a grievance, as provided in this collective agreement.
17.22 – Where an employee has presented a grievance up to and including the final level in the grievance procedure with respect to:
(a) the interpretation or application in respect of him of a provision of this collective agreement or related arbitral award;
(b) disciplinary action resulting in suspension or a financial penalty;
(c) termination of employment, other than rejection on probation in respect of an initial appointment;
(d) demotion;
(e) where an employee has been denied an appoi