1.01 The purpose of this agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Union and the employees and to set forth herein certain terms and conditions of employment for all employees described in the certificates issued by the Public Service Labour Relations Board on March 13, 2001, covering employees in the Correctional Group.
1.02 The purpose of this collective agreement is to establish, within the framework provided by law, orderly and efficient labour relations between the Employer, the Union and employees and to define working conditions aimed at promoting the safety and well-being of employees.
Moreover, the parties to this agreement also share the goal that the people of Canada will be well and efficiently served.
2.01 For the purpose of this agreement:
a. “Union” means the Union of Canadian Correctional Officers – Syndicat des agents correctionnels du Canada – CSN (UCCO-SACC-CSN) (agent négociateur et Syndicat); b. “allowance” means compensation payable for the performance of special or additional duties (indemnité); c. “bargaining unit” means the employees of the Employer in the Correctional Group, Operational Category, whose duties do not include the supervision of other employees in that occupational group, as described in the certificate issued by the Public Service Labour Relations Board on March 13, 2001 (unité de négociation); d. “continuous employment” has the same meaning as specified in the existing Directive on Terms and Conditions of Employment of the Employer on the date of signing of this agreement (emploi continu); e. “daily rate of pay” means an employee’s weekly rate of pay divided by five (5) (taux de rémunération journalier); f. “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 his or her position other than by reason of the employee being on leave or absent from duty without permission (jour de repos); g. “employee” means a person so defined in the Federal Public Sector Labour Relations Act, and who is a member of one of the bargaining units specified in Article 7 (employé-e); h. “Employer” means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board (Employeur); i. “holiday”
means (jour férié):
means (heures supplémentaires):
y. “correctional staff training officer (CX-3)” in relation to Correctional Staff Training Officers (CX-3), references to “warden” in this agreement shall be read as director of learning and development.
in relation to Correctional Staff Training Officers (CX-3), references to “institution” in this agreement shall be read as Training Academy, Centre or Site.
2.02 Except as otherwise provided in this agreement, expressions used in this agreement:
3.01 The provisions of this agreement apply to the Union, employees and the Employer.
3.02 Both the English and French texts of this agreement shall be official.
4.01 Nothing in this agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.
5.01 In the event that any law passed by Parliament, applying to public service employees covered by this agreement, renders null and void any provision of this agreement, the remaining provisions of the agreement shall remain in effect for the term of the agreement.
5.02 The collective agreement shall have precedence over directives or policies.
6.01 Except to the extent provided herein, this agreement in no way restricts the authority of those charged with managerial responsibilities in the public service.
7.01 The Employer recognizes the Union as the exclusive Bargaining Agent for all employees described in the certificate issued by the Public Service Labour Relations Board on the thirteenth (13th) day of March 2001, covering employees of the Correctional Group whose duties do not include the supervision of other employees.
8.01 The Employer acknowledges the right of the Union to appoint or otherwise select employees as representatives.
8.02 The Union and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of organization, the number and distribution of employees at the workplace and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/adjudication procedure.
8.03 The Union and each local Union transmits to the Employer, in writing, the names and titles of its appointed delegates, in accordance with clause 8.02.
8.04
8.05 The Union shall have the opportunity to have an employee representative introduced to new employees as part of the Employer’s formal orientation programs, where they exist.
8.06
8.07 An employee who is elected or appointed to Union duties in the Union, the CSN or one of its affiliated organizations shall, within thirty (30) days of a written request to this end, obtain leave without pay for the duration of his or her mandate(s).
At the end of such leave without pay or at any time during such leave, the employee may, on thirty (30) days’ notice, return to the position that he or she held when he or she went on leave or an equivalent post if the employee’s return to the institution occurs within one year.
However, should the employee return after more than one year of leave to participate in Union duties, they shall return in an equivalent post to the post worked immediately before the leave without pay situation to their former institution or another institution as agreed upon between the Correctional Service of Canada (CSC) and the employee.
9.01
9.02
9.03
9.04 The Union shall provide the Correctional Service of Canada (CSC) a list of such Union representatives and shall advise promptly of any change made to the list.
9.05
10.01 Subject to the provisions of this article, the Employer will, as a condition of employment, deduct the amount of Union dues set by the Union from the pay of each employee in the bargaining unit. Where an employee does not have sufficient earnings in respect of any pay period to permit deductions made under this article, the Employer shall not be obligated to make such deduction from subsequent salary.
10.02 The Union shall inform the Employer in writing of the amount of Union dues to be collected for each employee as well as any subsequent changes. The Employer will implement subsequent changes within ninety (90) days of receiving notice of such change.
10.03 For the purpose of applying clause 10.01, deductions from pay for each employee will start with the first (1st) full calendar month of employment to the extent that earnings are available.
10.04 An employee who satisfies the Employer to the extent that he or she declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, 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.
10.05 No employee organization, as defined in Section 2 of the Federal Public Sector Labour Relations Act, other than the Union, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.
10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the National President of the Union by electronic payment within a reasonable period of time after deductions are made. Each monthly remittance shall be accompanied by a list on paper and in computer-file format indicating the following information:
10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.
10.08 The Union 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 limited to the amount actually involved in the error.
10.09 In each income tax year, the Employer agrees to provide each employee with the total amount of Union dues deducted on statements of income for income tax purposes in conformity with the Income Tax Act.
10.10
10.11 By the fifth (5th) working day of each month, the warden will provide the local Union with the following information in writing:
11.01 The Employer agrees to supply the Union each month with the name, geographic location and classification of each new employee.
11.02 The Employer agrees to supply employees with a copy of the collective agreement in booklet format upon request and makes an effort to do so within one (1) month after receipt from the printer.
12.01 If employees are prevented from performing their duties because of a strike or lockout on the premises of a provincial, municipal, commercial or industrial Employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.
13.01 Unless otherwise specified by the Employer 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 Employer.
14.01 As long as the employee requests it in writing at least ten (10) calendar days in advance, in cases of complaints made to the Federal Public Sector Labour Relations and Employment Board pursuant to section 190(1) of the Federal Public Sector Labour Relations Act alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2), 187, 188(a) or 189(1), of the Public Service Labour Relations Act, the Employer will grant leave with pay:
14.02 When operational requirements permit, the Employer will grant leave without pay:
14.03 The Employer will grant leave with pay:
14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Union before an Arbitration Board, Public Interest Commission or in an alternate dispute resolution process.
14.05 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Public Interest Commission or in an alternate dispute resolution process and, when operational requirements permit, leave with pay to an employee called as a witness by the Union.
14.06 As long as the employee requests it in writing at least ten (10) calendar days in advance, the Employer will grant leave with pay to an employee:
14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is obliged to be represented by the Union in relation to the presentation of his or her grievance, the Employer will, where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes place in their headquarters area and reasonable leave without pay when it takes place outside their headquarters area.
14.08
14.09 The Employer shall grant a leave without pay to employees who attend contract bargaining sessions on the Union’s behalf.
14.10 Provided that a written request is made at least ten (10) days in advance, the Employer will grant leave without pay to twenty (20) employees to attend preparatory meetings for the negotiation of the collective agreement.
14.11 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Union.
14.12
It is furthermore agreed that this paragraph shall not be used as a pressure tactic against the Employer.
14.13 As long as the employee requests it in writing at least ten (10) calendar days in advance, the Employer will grant leave without pay to a reasonable number of employees chosen by the Union to attend Union training sessions.
15.01 The Public Sector Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment pursuant to paragraph 12(1)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Federal Public Sector Labour Relations Act.
16.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.
17.01 When an employee is suspended from duty or terminated in accordance with paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.
17.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Union attend the meeting. Where practicable, the employee shall receive a minimum of two (2) days’ notice of such a meeting.
17.03 At any administrative inquiry, hearing or investigation conducted by the Employer, where the actions of an employee may have had a bearing on the events or circumstances leading thereto, and the employee is required to appear at the administrative inquiry, hearing or investigation being conducted, he or she may be accompanied by an employee representative. The unavailability of the representative will not delay the inquiry, hearing or investigation more than forty-eight (48) hours from the time of notification to the employee.
17.04 The Employer shall notify the local representative of the Union as soon as possible that such suspension, termination or financial penalty has occurred. Where a verbal or written reprimand has occurred, the Employer shall notify the local representative of the Union at the request of the employee.
17.05 When notification in writing is given to an employee that he or she is the subject of a disciplinary investigation, the employee shall be provided concurrently with a copy of the order convening the investigation.
17.06 Upon request, the Employer or the employee shall be provided the opportunity to tape record the interview.
17.07
17.08 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.
17.09 Any document or written statement related to disciplinary action, which may have been placed on the personnel 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.
17.10 When an employee is suspended from duty as per clause 17.01, the length of such suspension shall be expressed in hours.
18.01 The Employer shall make reasonable provisions for the occupational health and safety of employees. The Employer will welcome suggestions on the subject from the Union, and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury or illness.
19.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.
19.02 Within five (5) days of notification of consultation served by either party, the Union shall notify the Employer in writing of the representatives authorized to act on behalf of the Union for consultation purposes.
19.03 Upon request of either party, the parties to this agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this agreement.
19.04 Without prejudice to the position the Employer or the Union may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the parties.
19.05 Uniform Committee
20.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with section 15 of the NJC By-Laws.
20.02 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.
20.03 A grievance shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Employer. For the purposes of this article, a grievor is an employee or, in the case of a group or policy grievance, the Union.
20.04 Subject to and as provided in section 208 of the Federal Public Sector Labour Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 20.07 except that:
20.05 Except as otherwise provided in this agreement, a grievance shall be processed by recourse to the following levels:
20.06 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Union.
Notwithstanding the above, when the situation involves a grievance at the first level dealing with a disciplinary action, the representative designated by the Employer cannot be the same person who took part in the disciplinary process or who imposed said disciplinary action.
20.07 A grievor who wishes to present a grievance at a prescribed level in the grievance procedure shall transmit this grievance to his or her immediate supervisor or local officer-in-charge who shall forthwith:
20.08 Where it is necessary to present a grievance by mail, the 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 Employer on the date it is delivered to the appropriate office of the department or agency concerned. Similarly the Employer 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 or her grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.
20.09 An employee may be assisted and/or represented by the Union when presenting a grievance at any level.
20.10 The Union shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the deputy head, the deputy head shall render the decision.
20.11 A grievance may be presented at the first (1st) level of the procedure in the manner prescribed in clause 20.07 no later than the twenty-fifth (25th) day after the date on which he or she is notified orally or in writing or on which he or she first becomes aware of the action or circumstances giving rise to the grievance.
20.12 The Employer shall normally reply to an individual or group 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 grievor, the grievance may be referred to the next higher level in the grievance procedure within ten (10) days after that decision or settlement has been conveyed to him or her in writing.
20.13 If the Employer does not reply within fifteen (15) days from the date that a grievance is presented at any level, except the final level, the grievor may, within the next ten (10) days, submit the grievance at the next higher level of the grievance procedure.
20.14 The Employer shall normally reply to a grievance at the final level of the grievance procedure within thirty (30) days after the grievance is presented at that level.
20.15 Where an employee has been represented by the Union in the presentation of his or her grievance, the Employer will provide the appropriate representative of the Union 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.
20.16 The decision given by the Employer at the final level in the grievance procedure shall be final and binding upon the grievor unless the grievance is a class of grievance that may be referred to adjudication.
20.17 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate, the Union representative.
20.18 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels, except the final level may be eliminated by agreement of the Employer and the grievor, and, where applicable, the Union.
20.19 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this agreement shall apply except that the grievance shall be presented at the final level only.
20.20 A grievor may abandon a grievance by written notice to his or her immediate supervisor or officer-in-charge.
20.21 A grievor 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 the grievor was unable to comply with the prescribed time limits due to circumstances beyond the grievor’s control.
20.22 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance as provided in this agreement.
20.23 Where an employee has presented a grievance up to and including the final level in the grievance procedure with respect to:
and the employee’s grievance has not been dealt with to his or her satisfaction, he or she may refer the grievance to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and Regulations.
20.24 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Union signifies in the prescribed manner:
20.25 As specified in paragraph 226(1)(i) of the Federal Public Sector Labour Relations Act, the adjudicator may, in relation to any matter referred to adjudication, award interest in the case of grievances involving termination, demotion, suspension or financial penalty, at a rate and for a period that the adjudicator considers appropriate.
20.26 Subject to and as provided in section 215 of the Federal Public Sector Labour Relations Act and clauses 20.07 to 20.22 of this collective agreement, the Union may present a group grievance to the Employer on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.
20.27 Opting out of a group grievance
20.28 Reference to adjudication
20.29 Subject to and as provided in section 220 of the Federal Public Sector Labour Relations Act and the relevant sections of this article, the Employer and the Union may present a grievance to the Union or the Employer, as the case may be, authorized to deal with the grievance. The party who receives the grievance shall provide the other party with a receipt stating the date on which the grievance was received by him.
20.30 There shall be no more than one (1) level in the grievance procedure.
20.31 The Employer and the Union shall designate a representative and shall notify each other of the title of the person so designated.
20.32 The Employer and the Union may present a grievance in the manner prescribed in clause 20.29, no later than the twenty-fifth (25th) day after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.
20.33 The Employer and the Union shall normally reply to the grievance within thirty (30) days when the grievance is presented.
20.34 The Employer or the Union, as the case may be, may by written notice to the officer-in-charge withdraw a grievance.
20.35 Reference to adjudication
A party that presents a policy grievance may refer it to adjudication, in accordance with sections 221 and 222 of the Federal Public Sector Labour Relations Act.
20.36 The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:
21.01 When hours of work are scheduled for employees on a regular basis, they shall be scheduled so that employees:
21.02 When a shift is scheduled for an employee on a rotating or irregular basis:
21.03
21.04 An employee’s scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.
21.05
21.06 After meaningful consultation with the appropriate local Union representative, the Employer will arrange equitable rotation of employees through shifts and post/work assignments. The special needs of employees and the operational requirements of the service shall be considered in the decision-making process.
21.07 Except as may be required in a penitentiary emergency, the Employer shall:
21.08 For the purpose of clause 21.07, meal breaks must be agreed upon between the local Union and the Employer.
In the event that an agreement cannot be reached, meal breaks shall be sometime during the following hours:
21.09 Where an employee’s scheduled shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked:
Accordingly, the first (1st) day of rest will be deemed to start immediately after midnight of the calendar day on which the employee worked or is deemed to have worked his or her last scheduled shift; and the second (2nd) day of rest will start immediately after midnight of the employee’s first (1st) day of rest.
21.10 Assignment of overtime work
The Employer shall make every reasonable effort:
21.11 The Union is entitled to consult the Commissioner or the commissioner’s representative whenever it is alleged that employees are required to work unreasonable amounts of overtime.
21.12 Overtime compensation
An employee is entitled to time and three quarters (1 3/4) compensation subject to clause 21.13 for each hour of overtime worked by the employee.
For greater certainty, any reference to compensation for each hour of overtime worked elsewhere in this collective agreement is at time and three quarters (1 3/4).
21.13 An employee is entitled to overtime compensation for each completed fifteen (15) minute period of overtime worked by him or her.
21.14 Compensation in monetary payment or leave with pay
21.15 Overtime meal allowance
21.16 Emergency situation
In the case of an emergency, as determined by the Employer, an employee who works a regularly scheduled shift and is required to work continuously during the entire period between the end of the said regularly scheduled shift and the start of the next regularly scheduled shift is entitled to time and three quarter (1 3/4) compensation for all hours continuously worked after the end of the said regularly scheduled shift.
22.01 If an employee reports for work on the employee’s scheduled shift, the employee shall be paid for the time actually worked, or a minimum of four (4) hours’ pay at straight time, whichever is the greater.
22.02 Time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.
22.03 Payments provided under Call-Back and Reporting Pay shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.
23.01 An employee, who is required by subpoena or summons to attend as a witness, or a defendant, or a plaintiff in an action against an inmate or any other person, in any of the proceedings specified in clause 30.14, paragraph “c” of this agreement, as a result of the employee’s actions in the performance of his or her authorized duties, shall be considered on duty and shall be paid at the applicable rate of pay and shall be reimbursed for reasonable expenses incurred for transportation, meals and lodging as normally defined by the Employer.
Effective January 1, 2014, all references and entitlements related to designated paid holidays no longer apply to employees working shifts in accordance with clause 21.02 of this agreement.
24.01 If an employee is called back to work:
provided that the period worked by the employee is not contiguous to the employee’s normal hours of work.
24.02 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee’s normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.
24.03 Payments provided under the overtime, reporting pay, designated paid holiday and standby provisions of this collective agreement and clause 24.01 above shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.
25.01 Shift premium
An employee working on shifts will receive a shift premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, between 3:00 pm and 7:00 am. The shift premium will not be paid for hours worked between 7:00 am and 3:00 pm.
25.02 Weekend premium
An employee working on shifts during a weekend will receive an additional premium of two dollars ($2.00) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.
Effective January 1, 2014, all references and entitlements related to designated paid holidays no longer apply to employees working shifts in accordance with clause 21.02 of this agreement.
26.01 Subject to clause 26.02, the following days shall be designated paid holidays for employees:
26.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated 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 14: leave with or without pay for Union business.
26.03 When a day designated as a holiday under clause 26.01 coincides with an employee’s day of rest, the holiday shall be moved to the first (1st) scheduled working day following the employee’s day of rest. When a day that is a designated 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.
When two (2) days designated as holidays under clause 26.01 coincide with an employee’s consecutive days of rest, the holidays shall be moved to the employee’s first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.
26.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 26.03:
26.05
26.06 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:
26.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee’s normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.
26.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.
26.09 The Employer will as much as possible, not schedule an employee to work both December 25 and January 1 in the same holiday season without his or her consent. In order to achieve this goal, the Employer shall transmit to the local Union, prior to November 15 every year, the work schedule covering the period mentioned above. If difficulties should arise with regard to achieving the goals stipulated above, the Employer and the Union shall meet to work out the best way of achieving the stipulated goals.
Effective January 1, 2014, all references and entitlements related to designated paid holidays no longer apply to employees working shifts in accordance with clause 21.02 of this agreement.
27.01 For the purposes of this collective agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this article.
27.02 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses 27.03 and 27.04. Travelling time shall include time necessarily spent at each stopover en route provided such stopover is not longer than three (3) hours.
27.03 For the purposes of clauses 27.02 and 27.04, the travelling time for which an employee shall be compensated is as follows:
For travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer.
For travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee’s place of residence or workplace, as applicable, direct to the employee’s destination and, upon the employee’s return, direct back to the employee’s residence or workplace.
In the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements, in which case compensation for travelling time shall not exceed that which would have been payable under the Employer’s original determination.
27.04 If an employee is required to travel as set forth in clauses 27.02 and 27.03:
27.05 This article does not apply to an employee when the employee travels by any type of transport in which he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:
27.06 Under the terms of the present article, remuneration shall be paid for the time that an employee spends travelling to attend training courses or sessions jointly determined between the Correctional Service of Canada (CSC) and the Union.
When an employee’s participation in a conference or seminar is mandatory, the time that the employee spends travelling to attend them shall be paid.
28.01 An employee is entitled, once in each fiscal year, to be informed upon request, of the balance of his or her vacation and sick leave credits.
28.02 The amount of leave with pay earned but unused credited to an employee by the Employer at the time when this agreement is signed, or at the time when the employee becomes subject to this agreement, shall be retained by the employee.
28.03 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.
28.04 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.
28.05 In the event of termination of employment for reasons other than incapacity, death or layoff, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee’s certificate of appointment on the date of the termination of the employee’s employment.
28.06 An employee shall not earn leave credits under this collective agreement in any month for which leave has already been credited to him or her under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.
28.07 When an employee becomes subject to this agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to eight (8) hours.
28.08 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for bereavement leave with pay where a day is a calendar day.
29.01 The vacation year shall be from April 1 to March 31 inclusive of the following calendar year.
29.02 An employee who has earned at least eighty (80) hours’ full pay during any calendar month of a vacation year shall earn vacation leave credits at the following rates provided the employee has not earned credits in another bargaining unit with respect to the same month:
29.03
29.04 An employee is entitled to vacation leave with pay to the extent of the employee’s earned credits but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.
29.05 If at the end of a vacation year, an employee’s entitlement to vacation leave with pay includes a fractional entitlement of less or more than one half (1/2) day, the entitlement shall be increased to the nearest half (1/2) day.
29.06 Employees are expected to take all their vacation leave during the vacation year in which it is earned.
29.07 The Employer shall, subject to the operational requirements of the service, make reasonable effort to:
29.08 The Employer may for good and sufficient reason grant vacation leave on shorter notice than that provided for in clause 29.07.
29.09 When, after December 1 of any vacation year, vacation leave has not been scheduled or taken by an employee, the Employer may schedule such leave during the remainder of the vacation year providing written notice is given to the employee seven (7) calendar days in advance.
29.10 The Employer shall give the employee as much notice as is reasonable that a request for vacation leave has not been approved. Such notice shall be in writing.
29.11 Where, in respect of any period of vacation leave, an employee:
the period of vacation leave so displaced shall either be added to the vacation period if requested by the employee and approved by the Employer or reinstated for use at a later date.
29.12 The Employer agrees that, twice (2) a year before scheduling vacation leave, consultation shall take place at the national level and at each institution with the local authorized representative of the Union, to determine the minimum number of correctional officers at each level who may be granted vacation leave at the same time based on the operational requirements of the institution. The second consultation session will occur after December 1.
29.13
29.14
after submitting such accounts as are normally required by the Employer.
29.15 When an employee dies or otherwise ceases to be employed, the employee’s estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation with pay to the employee’s credit by the daily rate of pay to which the employee is entitled by virtue of the certificate of appointment in effect at the time of the termination of the employee’s employment.
29.16 Notwithstanding clause 29.16, an employee whose employment is terminated for cause pursuant to paragraph 12(1)(e) of the Financial Administration Act by reason of abandonment of his or her position is entitled to receive the payment referred to in clause 29.16. The Employer’s sole obligation is to send such payment to the most recent address on file for the employee.
29.17 Notwithstanding clause 29.16, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.
29.18 The Employer agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee’s vacation period commences.
29.19 Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure. Any overpayments in respect of such pay advances shall be an immediate first (1st) charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.
29.20
30.01 For the purpose of this article, immediate family is defined as father, mother (or, alternatively, stepfather, stepmother, or foster parent), brother, sister, stepbrother, stepsister, spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), stepchild, foster child or ward of the employee, grandchild, grandparent, father-in-law, mother-in-law, daughter-in-law, son-in-law, and relative permanently residing in the employee’s household or with whom the employee permanently resides.
30.02 Maternity leave without pay
the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.
30.03 Maternity allowance
30.04 Special maternity allowance for totally disabled employees
shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 30.04(a)(i), the difference between ninety-three per cent (93%) of her weekly rate of pay, and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
30.05 Parental leave without pay
beginning on the day on which the child is born or the day on which the child comes into the employee’s care.
beginning on the day on which the child comes into the employee’s care.
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 one hundred and four (104) weeks after the day on which the child comes into the employee’s care.
30.06 Parental allowance
Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two (2) options, either:
Once an employee elects the standard or extended parental benefits and the weekly benefit top up allowance is set, the decision is irrevocable and shall not be changed should the employee return to work at an earlier date than that originally scheduled.
Under the Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.
Parental allowance administration
30.07 Special parental allowance for totally disabled employees
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 30.07(a)(i), the difference between ninety-three per cent (93%) of the employee’s rate of pay, and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
30.08 Both parties recognize the importance of access to leave for the purpose of care and nurturing of preschool age children.
30.09 An employee shall be granted leave without pay for the personal care and nurturing of the employee’s preschool age children (including children of common-law spouse) in accordance with the following conditions:
30.10 An employee who has proceeded on leave without pay may change his or her return-to-work date if such change does not result in additional costs to the Employer.
With respect to a leave which total duration is shorter than one (1) year, an employee who has proceeded on leave without pay may also change his or her return-to-work date by giving a thirty (30) day notice.
30.11 Leave without pay will be granted for personal needs in the following manner:
30.12
30.13
30.14 The Employer shall grant leave with pay to an employee for the period of time he or she is required:
30.15 An employee shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer when a claim has been made pursuant to the Government Employees’ Compensation Act, and a workers’ compensation authority has notified the Employer that it has certified that the employee is unable to work because of:
if the employee agrees to remit to the Receiver General for Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee’s agent has paid the premium.
30.16 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the federal public sector, as defined in the Federal Public Sector Labour Relations Act, the employee is entitled to leave with pay for the period during which the employee’s presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his or her presence is so required.
30.17 At its discretion, the Employer may grant:
30.18 Both parties recognize the importance of access to leave for the purpose of long-term care of a parent.
30.19 An employee shall be granted leave without pay for the long-term personal care of the employee’s parents, including step-parents or foster parents, in accordance with the following conditions:
30.20 An employee who has proceeded on leave without pay may change his or her return-to-work date if such change does not result in additional costs to the Employer.
With respect to a leave which total duration is shorter than one (1) year, an employee who has proceeded on leave without pay may also change his or her return-to-work date by giving a thirty (30) day notice.
31.01
31.02 An employee shall be granted sick leave with pay when he or she is unable to perform his or her duties because of illness or injury provided that:
31.03 A statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties, shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 31.02(a). However, the Employer may ask for a medical certificate from an employee, when the Employer has observed a pattern in the sick leave usage.
31.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 31.02, Sick leave, will be granted to the employee for a period of up to two hundred (200) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.
31.05 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.
31.06 Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of layoff and who is reappointed in the public service within two (2) years from the date of layoff.
31.07 The Employer agrees that an employee shall not be terminated for cause for reasons of incapacity pursuant to section 12(1)(e) of the Financial Administration Act at a date earlier than the date at which the employee will have utilized his or her accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which Injury on Duty Leave has been granted pursuant to clause 30.15.
32.01 The Employer recognizes the usefulness of education leave. Upon written application by the employee and with the approval of the Employer, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee’s present role more adequately or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
32.02 The employee may ask to have his or her working hours reduced in order to take courses on a part-time basis. In such a case, the Employer will make every reasonable effort to establish the employee’s schedule taking into account the latter’s course schedule.
32.03 The Employer may grant to an employee on education leave without pay under this article an allowance in lieu of salary of up to one hundred per cent (100%) of the employee’s annual rate of pay, depending on the degree to which the education leave is deemed, by the Employer, to be relevant to organizational requirements. 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.
32.04 The Employer may allow the allowances already being received by the employee to 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.
32.05 As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted.
If the employee:
the employee shall repay the Employer all allowances paid to him or her under this article during the education leave or such lesser sum as shall be determined by the Employer.
32.06
32.07 The Employer will grant examination leave with pay to an employee for the time required to write an examination which takes place during the employee’s scheduled hours of work provided the employee notifies the Employer seventy-two (72) hours in advance. Such leave will only be granted where, in the opinion of the Employer, the course of study is directly related to the employee’s duties or will improve his or her qualifications.
33.01 Under the following circumstances and subject to clause 33.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.
33.02 Severance 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 this article be pyramided.
For greater certainty, payments in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to clauses 33.04 to 33.07 under Appendix J or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of clause 33.02.
33.03 Appointment to a separate Employer organization
An employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act shall be paid any outstanding payment in lieu of severance, if applicable under Appendix J.
33.04 Employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix J.
Effective January 1, 2014, all references and entitlements related to designated paid holidays no longer apply to employees working shifts in accordance with clause 21.02 of this agreement.
The Employer and the Union agree that the following conditions shall apply to employees for whom hours of work are scheduled, in accordance with clause 21.02. The agreement is modified by these provisions to the extent provided herein.
The scheduled hours of work of any day as set forth in a work schedule, may exceed or be less than the regular workday hours specified by this agreement; starting and finishing times of shifts, meal breaks and rest breaks shall be established by agreement between the Employer and the Union at the local level, and approved according to Appendix “K.” The daily hours of work are consecutive.
For shift workers, such schedules shall provide that an employee’s normal workweek shall average the weekly hours per week specified in this agreement over the life of the schedule.
Whenever an employee changes his or her modified hours or no longer works modified hours, all appropriate adjustments are made.
When leave or lieu hours are granted, they will be granted on an hourly basis and the hours debited for each day of leave or lieu hours shall be the same as the hours the employee would normally have been scheduled to work on that day.
For greater certainty, the following provisions shall be administered as provided herein:
“Daily rate of pay” shall not apply.
Overtime shall be compensated for all work performed on regular working days, or on days of rest at the rate set in Article 21 of the collective agreement.
Overtime compensation referred to in clause 27.04 of this agreement shall only be applicable on a normal day for hours in excess of the employee’s daily scheduled hours of work.
Employees shall earn vacation at the rates prescribed for their years of service as set forth in Article 29 of this agreement. Leave will be granted on an hourly basis and the hours debited for each day of vacation leave shall be the same as the employee would normally have been scheduled to work on that day.
Employees scheduled to work any portion of a fiscal year under the modified hours of work provisions of this agreement shall not have fractional vacation entitlement of less or more than one half (1/2) day increased to the nearest half day.
Employees shall earn sick leave credits at the rate prescribed in Article 31 of this collective agreement. Leave will be granted on an hourly basis and the hours debited for each day of sick leave shall be the same as the employee would normally have been scheduled to work on that day.
Shift work employees on modified hour shift schedule will receive a shift premium in accordance with clause 25.01.
The qualifying period for acting pay as specified in clause 49.07 shall be converted to hours.
Exchange of shifts will be administered in accordance with clause 21.05.
The provision in this collective agreement relating to the minimum period between the termination and commencement of the employee’s next shift shall apply to an employee subject to modified hours of work.
Employees working modified shift schedules are permitted in addition to the lunch or meal break provided in paragraph 21.07, an additional fifteen (15) minute break per additional four (4) hour period of work beyond eight (8) hours.
Effective January 1, 2014, all references and entitlements related to designated paid holidays no longer apply to employees working shifts in accordance with clause 21.02 of this agreement.
35.01 Part-time employee means a person whose normal hours of work are less than those established in Article 21 of this agreement.
35.02 Part-time employees shall be entitled to the benefits provided under this collective agreement in the same proportion as their normal weekly hours of work compare with the normal weekly hours of work, unless otherwise specified in this agreement.
35.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed up to the normal daily or weekly hours specified by this collective agreement for a full-time employee.
35.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked five (5) days and the weekly hours specified by this collective agreement.
35.05 Leave will only be provided:
35.06 A part-time employee shall not be paid for the designated holidays but shall, instead, be paid four decimal two five (4.25) per cent for all straight-time hours worked.
35.07 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 26.01 of this agreement, the employee shall be paid at time and one half (1 1/2) of the straight-time rate of pay for all hours worked up to the regular daily scheduled hours of work as specified by this agreement and double (2) time thereafter.
35.08 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time employee in clause 26.01 of this agreement, shall be paid for the time actually worked in accordance with clause 35.07, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.
35.09 Overtime means authorized work performed in excess of the normal daily or weekly hours of work, specified by this collective agreement, of a full-time employee, but does not include time worked on a holiday.
35.10 Subject to clause 35.09 a part-time employee who is required to work overtime shall be paid overtime as specified by this collective agreement.
35.11 When a part-time employee meets the requirements to receive call-back pay in accordance with clause 24.01 and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours’ pay at the straight-time rate.
35.12 Subject to clause 35.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, in accordance with clause 22.01 of this agreement, and is entitled to receive a minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours’ pay at the straight-time rate of pay.
35.13 Notwithstanding clause 35.02, there shall be no pro-rating of a “day” in clause 30.01, Bereavement leave with pay.
35.14 A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee’s normal workweek, at the rate for years of service established in clause 29.02 of this agreement, pro-rated and calculated as follows:
35.15 A part-time employee shall earn sick leave credits at the rate of one quarter (1/4) of the number of hours in an employee’s normal workweek for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee’s normal workweek.
35.16
35.17 Notwithstanding the provisions of Article 33: severance pay, of this agreement, 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 group and level to produce the severance pay benefit.
36.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, Appendix “B” on workforce adjustment will apply. In all other cases the following clauses will apply.
36.02 In this article “technological change” means:
36.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer’s operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
36.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days’ written notice to the Union of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.
36.05 The written notice provided for in clause 36.04 will provide the following information:
36.06 As soon as reasonably practicable after notice is given under clause 36.04, the Employer shall consult meaningfully with the Union concerning the rationale for the change and the topics referred to in clause 36.05 on each group of employees, including training.
36.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of the employee’s substantive position, the Employer makes every reasonable effort to provide the necessary training during the employee’s working hours without loss of pay and at no cost to the employee.
If the necessary training cannot be provided during the employee’s working hours and if the Employer cannot modify, in accordance with Article 21, the shift schedule or the employee’s schedule to enable the employee to receive the training, then the hours of training will be compensated at the applicable overtime rate.
37.01 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 origin, religious affiliation, sex, sexual orientation, family status, mental or physical disability, membership or activity in the Union, marital status or a conviction for which a pardon has been granted.
37.02
37.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
38.01 The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the workplace.
38.02
38.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of the mediator will be by mutual agreement.
39.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his or her position, including the classification level and, where applicable, the point rating allotted by factor to his or her position, and an organization chart depicting the position’s place in the organization.
40.01
40.02
40.03 Upon written request of an employee, the personnel file of that employee shall be made available for his or her examination in the presence of an authorized representative of the Employer. Upon written request the employee shall obtain a copy of his or her personnel file.
41.01 Agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after December 6, 1978, will form part of this agreement, subject to the Federal Public Sector Labour Relations Act (FPSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any act specified in section 113(b) of the FPSLRA.
41.02 The NJC items which may be included in a collective agreement are those items which the parties to the NJC agreements have designated as such or upon which the Chairman of the Federal Public Sector Labour Relations and Employment Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
41.03
41.04 Grievances in regard to the above directives shall be filed in accordance with clause 20.01 of the article on grievance procedure in this agreement.
42.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.
42.02 Employees may, in accordance with the provisions of this agreement, request annual leave, leave without pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfill their religious obligations.
42.03 Notwithstanding clause 42.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.
42.04 An employee who intends to request leave or time off under this article must give notice to the Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.
43.01 Dog handlers’ allowance
43.02 Responsibility allowance: Grierson Centre
Where, in a minimum security institution, the Director or other senior institutional personnel are not on duty on the evening shift and night shift from Monday to Friday and all shifts on weekends and statutory holidays, a correctional officer, at the CX-2 level, may be designated by management as the senior officer of the shift. The senior officer of the shift shall be compensated for assuming these additional duties and responsibilities by an allowance of seven dollars and fifty-five cents ($7.55) for each period of four (4) hours worked per shift.
Note: When an employee, who is in receipt of a special duty allowance or an extra duty allowance, is granted leave with pay, that employee is entitled during that period of leave to receive the allowance if the special or extra duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis or for a period of two (2) or more months prior to the period of leave.
43.03 Clothing allowance
43.04 Instructor allowance
When an employee is required to perform the duties of an instructor, he or she shall receive an allowance equal to two dollars fifty cents ($2.50) per hour, for each hour or part of an hour where he or she performs these duties, including overtime.
An employee paid at the CX-3 classification level is not entitled to this allowance.
43.05 Allowances for employees who accept to be Emergency Response Team members
The employee who is a member of the Emergency Response Team shall receive a premium of two dollars fifty cents ($2.50) per hour for each hour or part of an hour worked, including overtime, as soon as he or she is called up as a member of the Emergency Response Team.
This premium shall likewise apply during all training periods provided to emergency team members.
44.01
45.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the fifty-second (52nd) week following the birth, request the Employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the fetus or child.
45.02 An employee’s request under clause 45.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.
45.03 An employee who has made a request under clause 45.01 is entitled to continue in her current job while the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Employer:
45.04 Where reasonably practicable, the Employer shall modify the employee’s job functions or reassign her.
45.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than fifty-two (52) weeks after the birth.
45.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks’ notice in writing to the Employer of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.
45.07 Notwithstanding clause 45.05, for an officer working in an institution where she is in direct and regular contact with offenders, if the Employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so inform the officer in writing and shall grant leave of absence with pay to the officer for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than at the time the officer proceeds on maternity leave without pay or the termination date of the pregnancy, whichever comes first.
45.08 An employee who returns to work at the end of her maternity leave or parental leave may ask for a reduced workweek ending no later than thirty (30) months after the end of the maternity leave or the parental leave without pay set out in clauses 30.02 and 30.05.
For the duration of this period, the employee’s benefits are governed by Article 35: part-time employees.
In order for an employee to have a reduced workweek, the Employer, the employee and the Union must conclude an agreement in writing to this effect. The employee may terminate the agreement at any time on thirty (30) days’ notice. When the agreement expires, the employee shall return to her position or to a position equivalent to the substantive position she occupied before the leave.
46.01 Up to four (4) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.
46.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.
47.01 The Correctional Service of Canada (CSC) and the Union agree to discuss training needs at the institutional level. The issue of training will be a standing item for discussion at regular meetings of labour relations committees at all levels and shall address such topics as type, frequency, access and adequacy of training.
47.02 The Correctional Service of Canada (CSC) and the Union agree to set up a National training committee composed of equal numbers of Union representatives and Employer representatives.
47.03 The mandate of this committee is to discuss training and to make recommendations, as required, to the Correctional Service of Canada (CSC)’s executive committee.
48.01 The Employer shall reimburse an employee for the 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 the employee’s position.
48.02 Membership dues referred to in Article 10: check-off of this agreement are specifically excluded as reimbursable fees under this article.
49.01 Except as provided in this article, the terms and conditions governing the application of pay to employees are not affected by this agreement.
49.02 An employee is entitled to be paid for services rendered at:
49.03
49.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first and the resulting rate shall be revised in accordance with the pay revision.
49.05 This article is subject to the Memorandum of Understanding signed by the Employer and previous Union dated February 9, 1982, in respect of red-circled employees.
49.06 If, during the term of this collective agreement, a new classification standard for a group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Union the rates of pay and the rules affecting the pay of employees on their movement to the new levels.
49.07 When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least eight (8) hours of work, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.
49.08 When the regular pay day for an employee falls on his or her day of rest, every effort must be made to issue his or her cheque on his or her last working day, provided it is available at his or her regular place of work and has been verified.
50.01 This agreement may be amended by mutual consent.
51.01 This collective agreement shall expire on May 31, 2022.
51.02 Unless otherwise expressly stipulated, the provisions of this agreement shall become effective on the date it is signed.
51.03 The provisions of this collective agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date it is signed.
This collective agreement is signed during the COVID-19 pandemic. Given the exceptional circumstances and the social distancing restrictions imposed by Public Health Authorities, the parties have agreed to sign this collective agreement electronically.
Signed at Ottawa, this 5th day of the month of January 2021.
Rates of pay will be adjusted within 180 days of signature of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix N, as a lump-sum payment. In particular:
Rates of pay will be adjusted within 180 days of signature of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix N, as a lump-sum payment. In particular:
Rates of pay will be adjusted within 180 days of signature of the collective agreement. Changes to rates of pay with an effective date prior to the salary adjustment date will be paid according to Appendix N, as a lump-sum payment. In particular:
This Appendix applies to all employees. Unless explicitly specified, the provisions contained in Parts I to VI do not apply to alternative delivery initiatives.
With the exception of those provisions for which the Public Service Commission (PSC) is responsible, this Appendix is part of this agreement.
Notwithstanding the job security article, in the event of conflict between the present work force adjustment Appendix and that article, the present work force adjustment Appendix will take precedence.
It is the policy of the Employer to maximize employment opportunities for indeterminate employees affected by work force adjustment situations, primarily through ensuring that, wherever possible, alternative employment opportunities are provided to them. This should not be construed as the continuation of a specific position or job but rather as continued employment.
To this end, every indeterminate employee whose services will no longer be required because of a work force adjustment situation and for whom the deputy head knows or can predict employment availability will receive a guarantee of a reasonable job offer within the public service. Those employees for whom the deputy head cannot provide the guarantee will have access to transitional employment arrangements (as per Part VI and VII).
accelerated layoff (mise en disponibilité accélérée) Occurs when a surplus employee makes a request to the deputy head, in writing, to be laid off at an earlier date than that originally scheduled, and the deputy head concurs. Layoff entitlements begin on the actual date of layoff. affected employee (employé-e touché) Is an indeterminate employee who has been informed in writing that his or her services may no longer be required because of a work force adjustment situation. alternation (échange de postes) Occurs when an opting employee (not a surplus employee) who wishes to remain in the public service exchanges positions with a non-affected employee (the alternate) willing to leave the public service with a Transition Support Measure or with an education allowance. alternative delivery initiative (diversification des modes de prestation des services) Is the transfer of any work, undertaking or business of the public service to anybody or corporation that is a separate Employer or that is outside the public service. appointing department (ministère d’accueil) Is a department or agency which has agreed to appoint or consider for appointment (either immediately or after retraining) a surplus or a laid-off person. deputy head (administrateur général) Has the same meaning as in the definition of “deputy head” set out in section 2 of the Public Service Employment Act, and also means his or her official designate. education allowance (indemnité d’études) Is one of the options provided to an indeterminate employee affected by normal work force adjustment for whom the deputy head cannot guarantee a reasonable job offer. The education allowance is a payment, equivalent to the Transitional Support Measure (see Annex B), plus a reimbursement of tuition from a recognized learning institution, book and mandatory equipment costs, up to a maximum of fifteen thousand dollars ($15,000.00). guarantee of a reasonable job offer (garantie d’une offre d’emploi raisonnable) Is a guarantee of an offer of indeterminate employment within the public service provided by the deputy head to an indeterminate employee who is affected by work force adjustment. Deputy heads will be expected to provide a guarantee of a reasonable job offer to those affected employees for whom they know or can predict employment availability in the public service. Surplus employees in receipt of this guarantee will not have access to the options available in Part VI of this Appendix. home department (ministère d’attache) Is a department or agency declaring an individual employee surplus. laid-off person (personne mise en disponibilité) Is a person who has been laid off pursuant to PSEA 64(1) and who still retains a reappointment priority under PSEA 41(4) and 64. layoff notice (avis de mise en disponibilité) Is a written notice of layoff to be given to a surplus employee at least one month before the scheduled layoff date. This period is included in the surplus period. layoff priority (priorité de mise en disponibilité) A person who has been laid off is entitled to a priority for appointment without competition or appeal to a position in the public service for which, in the opinion of the PSC, they are qualified. This priority is accorded for one year following the layoff date, pursuant to subsection 41(5) of the Public Service Employment Act, or following the termination date, pursuant to paragraphs 41(4), 44 and 46 of the Public Service Employment Act. opting employee (employé-e optant) Is an indeterminate employee whose services will no longer be required because of a work force adjustment situation and who has not received a guarantee of a reasonable job offer from the deputy head and who has one hundred and twenty (120) days to consider the options of Part 6.3 of this Appendix. pay (rémunération) Has the same meaning as “rate of pay” in this agreement. priority administration system (système d’administration des priorités) Is a system designed by the PSC to facilitate appointments of individuals entitled to statutory and regulatory priorities. public service (fonction publique) Means the several positions in or under any department, agency, or other portion of the public service of Canada specified in Schedules I and IV of the Financial Administration Act, for which the PSC has the sole authority to appoint. reasonable job offer (offre d’emploi raisonnable) Is an offer of indeterminate employment within the public service, normally at an equivalent level but could include lower levels. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee’s headquarters as defined in the Travel Directive. In Alternative Delivery situations, a reasonable offer is one that meets the criteria set out in Type 1 and Type 2 of Part VII of this Appendix. reinstatement priority (priorité de réintégration) Is an appointment priority accorded by the PSC, pursuant to the Public Service Employment Regulations, to certain individuals salary-protected under this Appendix for the purpose of assisting such persons to re-attain an appointment level equivalent to that from which they were declared surplus. relocation (réinstallation) Is the authorized geographic move of a surplus employee or laid-off person from one place of duty to another place of duty, beyond what, according to local custom, is a normal commuting distance. relocation of work unit (réinstallation d’une unité de travail) Is the authorized move of a work unit of any size to a place of duty beyond what, according to local custom, is normal commuting distance from the former work location and from the employee’s current residence. retraining (recyclage) Is on-the-job training or other training intended to enable affected employees, surplus employees and laid-off persons to qualify for known or anticipated vacancies within the public service. surplus employee (employé-e excédentaire) Is an indeterminate employee who has been formally declared surplus, in writing, by his or her deputy head. surplus priority (priorité d’employé-e excédentaire) Is an entitlement for a priority in appointment accorded by the PSC, pursuant to the Public Service Employment Regulations, to surplus employees to permit them to be appointed to other positions in the public service without competition or right of appeal. surplus status (statut d’employé-e excédentaire) An indeterminate employee is in surplus status from the date he or she is declared surplus until the date of layoff, until he or she is indeterminately appointed to another position, until his or her surplus status is rescinded, or until the person resigns. Transition Support Measure (mesure de soutien à la transition) Is one of the options provided to an opting employee for whom the deputy head cannot guarantee a reasonable job offer. The Transition Support Measure is a payment based on the employee’s years of service in the public service, as per Annex B. twelve-month surplus priority period in which to secure a reasonable job offer (priorité d’employé-e excédentaire d’une durée de douze mois pour trouver une offre d’emploi raisonnable) Is one of the options provided to an opting employee for whom the deputy head cannot guarantee a reasonable job offer. work force adjustment (réaménagement des effectifs) Is a situation that occurs when a deputy head decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of a lack of work, the discontinuance of a function, a relocation in which the employee does not wish to relocate or an alternative delivery initiative.
The PSC has endorsed those portions of this Appendix for which it has responsibility.
Departments shall retain central information on all cases occurring under this Appendix, including the reasons for the action; the number, occupational groups and levels of employees concerned; the dates of notice given; the number of employees placed without retraining; the number of employees retrained (including number of salary months used in such training); the levels of positions to which employees are appointed and the cost of any salary protection; and the number, types, and amounts of lump sums paid to employees.
This information will be used by the Treasury Board Secretariat to carry out its periodic audits.
The primary references for the subject of work force adjustment are as follows:
Enquiries about this Appendix should be referred to the Bargaining Agent, or the responsible officers in departmental headquarters.
Responsible officers in departmental headquarters may, in turn, direct questions regarding the application of this Appendix to the Human Resources Management Group, Human Resources Branch, Treasury Board Secretariat.
Enquiries by employees pertaining to entitlements to a priority in appointment or to their status in relation to the priority appointment process should be directed to their departmental human resource advisors or to the regional and district offices of the PSC responsible for their case. Responsible officers in departmental headquarters seeking interpretations and guidance may contact the Employment Equity and Priority Administration Division of the Recruitment Programs and Priority Administration Directorate, Resourcing and Learning Branch, Public Service Commission of Canada.
1.1.1 Since indeterminate employees who are affected by work force adjustment situations are not themselves responsible for such situations, it is the responsibility of departments to ensure that they are treated equitably and, whenever possible, given every reasonable opportunity to continue their careers as public service employees.
1.1.2 Departments shall carry out effective human resource planning to minimize the impact of work force adjustment situations on indeterminate employees, on the department, and on the public service.
1.1.3 Departments shall establish joint work force adjustment committees, where appropriate, to advise and consult on the work force adjustment situations within the department. Terms of reference of such committees shall include a process for addressing alternation requests from other departments and/or organizations.
1.1.4 Departments shall, as the home department, cooperate with the PSC and appointing departments in joint efforts to redeploy or retrain for redeployment to appointing departments departmental surplus employees and laid-off persons.
1.1.5 Departments shall establish systems to facilitate redeployment or retraining of the department’s affected employees, surplus employees, and laid-off persons.
1.1.6 When a deputy head determines that the services of an employee are no longer required beyond a specified date due to lack of work or discontinuance of a function, the deputy head shall advise the employee, in writing, that his or her services will no longer be required.
Such a communication shall also indicate if the employee:
Where applicable, the communication should also provide the information relative to the employee’s possible layoff date.
1.1.7 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those employees subject to work force adjustment for whom they know or can predict employment availability in the public service.
1.1.8 Where a deputy head cannot provide a guarantee of a reasonable job offer, the deputy head will provide one hundred and twenty (120) days to consider the three (3) options outlined in Part VI of this Appendix to all opting employees before a decision is required of them. If the employee fails to select an option, the employee will be deemed to have selected Option (a), Twelve (12) month surplus priority period in which to secure a reasonable job offer.
1.1.9 The deputy head shall make a determination to either provide a guarantee of a reasonable job offer or access to the options set out in 6.3 of this Appendix, upon request of any indeterminate affected employee who can demonstrate that his or her duties have already ceased to exist.
1.1.10 Departments shall send written notice to the PSC of the employee’s surplus status, and shall send to the PSC such details, forms, resumés, and other material as the PSC may from time to time prescribe as necessary for it to discharge its function.
1.1.11 Departments shall advise and consult with the Bargaining Agent representatives as completely as possible regarding any work force adjustment situation as soon as possible after the decision has been made and throughout the process and will make available to the Bargaining Agent the name and work location of affected employees.
1.1.12 The home department shall recommend in writing to the PSC whether the employee is suitable for appointment. Where an employee is not considered suitable for appointment, the department shall advise the employee and the Bargaining Agent of that recommendation. The department shall send to the employee a copy of the written communication to the Public Service Commission, indicating the reasons for the recommendation together with any enclosures. The department shall also advise the employee that he or she may make oral or written submissions about the matter to the Public Service Commission before the PSC makes its decision. Where the Public Service Commission does not accept the department’s recommendation, the department shall provide the surplus period required under this Appendix, beginning on the date the department is advised of the decision. The department shall so advise the employee.
1.1.13 The home department shall provide the PSC with a statement that it would be prepared to appoint the surplus employee to a suitable position in the department commensurate with his or her qualifications, if such a position were available.
1.1.14 Departments shall provide that employee with the official notification that he or she has become subject to a work force adjustment and shall remind them that Appendix “E” on work force adjustment of this agreement applies.
1.1.15 Deputy heads shall apply this Appendix so as to keep actual involuntary layoffs to a minimum, and layoffs shall normally only occur where an individual has refused a reasonable job offer, or is not mobile, or cannot be retrained within two (2) years, or is laid off at his or her own request.
1.1.16 Departments are responsible to counsel and advise their affected employees on their opportunities of finding continuing employment in the public service.
1.1.17 Appointment of surplus employees to alternative positions, whether with or without retraining, shall normally be at a level equivalent to that previously held by the employee, but this does not preclude appointment to a lower level. Departments shall avoid appointment to a lower level except where all other avenues have been exhausted.
1.1.18 Home departments shall appoint as many of their own surplus employees or laid off persons as possible, or identify alternative positions (both actual and anticipated) for which individuals can be retrained.
1.1.19 Home departments shall relocate surplus employees and laid-off individuals, if necessary.
1.1.20 Relocation of surplus employees or laid-off persons shall be undertaken when the individuals indicate that they are willing to relocate and relocation will enable their redeployment or reappointment, providing that:
1.1.21 The cost of travelling to interviews for possible appointments and of relocation to the new location shall be borne by the employee’s home department. Such cost shall be consistent with the Travel Directive and Relocation Directive.
1.1.22 For the purposes of the Relocation Directive, surplus employees and laid-off persons who relocate under this Appendix shall be deemed to be employees on Employer-requested relocations. The general rule on minimum distances for relocation applies.
1.1.23 For the purposes of the Travel Directive, laid-off persons travelling to interviews for possible reappointment to public service are deemed to be “other persons travelling on government business.”
1.1.24 For the priority period, home departments shall pay the salary costs, and other authorized costs such as tuition, travel, relocation, and retraining for surplus employees and laid-off persons, as provided for in this agreement and the various directives; all authorized costs of termination; and salary protection upon lower-level appointment, unless the appointing department is willing to absorb these costs in whole or in part.
1.1.25 Where a surplus employee is appointed by another department to a term position, the home department is responsible for the costs above for one year from the date of such appointment, after which the appointing department becomes the new home department.
1.1.26 Departments shall protect the indeterminate status and surplus priority of a surplus indeterminate employee appointed to a term position under this Appendix.
1.1.27 Departments shall inform the PSC in a timely fashion of the results of all referrals made to them under this Appendix, whether such referrals are for immediate appointment, for retraining designed to qualify individuals for appointment, or for anticipated vacancies.
1.1.28 Departments shall review the use of private temporary agency personnel, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, departments shall not re-engage such temporary agency personnel nor renew the employment of such employees referred to above where such action would facilitate the appointment of surplus employees or laid-off persons.
1.1.29 Nothing in the foregoing shall restrict the Employer’s right to engage or appoint persons to meet short-term, non-recurring requirements. Surplus and laid-off persons shall be given priority even for these short-term work opportunities.
1.1.30 Departments may lay off an employee at a date earlier than originally scheduled when the surplus employee requests them to do so in writing.
1.1.31 Departments, acting as appointing departments, shall cooperate with the PSC and other departments in accepting, to the extent possible, affected, surplus and laid-off persons, from other departments for appointment or retraining.
1.1.32 Departments shall provide surplus employees with a layoff notice at least one (1) month before the proposed layoff date, if appointment efforts have been unsuccessful. A copy of this notice shall be provided to the President of the Union of Canadian Correctional Officers – Syndicat des agents correctionnels du Canada – CSN.
1.1.33 When a surplus employee refuses a reasonable job offer, he or she shall be subject to layoff one month after the refusal, however, not before six (6) months after the surplus declaration date.
1.1.34 Departments are to presume that each employee wishes to be redeployed unless the employee indicates the contrary in writing.
1.1.35 Departments shall inform and counsel affected and surplus employees as early and as completely as possible and shall, in addition, assign a counsellor to each opting and surplus employee and laid-off person to work with them throughout the process. Such counselling is to include explanations and assistance concerning:
1.1.36 Home departments shall ensure that, when it is required to facilitate appointment, a retraining plan is prepared and agreed to in writing by themselves, the employee and the appointing department.
1.1.37 Severance pay and other benefits flowing from other clauses in this agreement are separate from, and in addition to, those in this Appendix.
1.1.38 Any surplus employee who resigns under this Appendix shall be deemed, for the purposes of severance pay and retroactive remuneration, to be involuntarily laid off on the day as of which the deputy head accepts in writing the employee’s resignation.
1.2.1 It is the responsibility of the Treasury Board Secretariat to:
1.3.1 The PSC shall establish and modify staffing policies and procedures to ensure the most effective and efficient means of maximizing the redeployment of surplus employees and the appointment of laid-off persons to positions in the public service.
1.3.2 The PSC shall temporarily restrict or suspend any authority delegated to deputy heads to make appointments in specified occupational groups when such action is necessary.
1.3.3 The PSC shall actively market surplus employees and laid-off persons to all departments unless the individuals have advised the PSC in writing that they are not available for appointment.
1.3.4 The PSC shall advise the Treasury Board Secretariat when departments fail to comply in good faith with this Appendix and/or to cooperate with the PSC in redeployment, retraining, or appointment activities.
1.3.5 The PSC shall determine, to the extent possible, the occupations in which there are skill shortages for which surplus employees or laid-off persons could be retrained, and advise departments accordingly.
1.3.6 The PSC shall provide surplus and laid-off individuals with counselling on their work force adjustment situation and its impact on them during their priority entitlement.
1.3.7 The PSC shall provide information directly to the Bargaining Agent on the numbers and status of their members who are in the Priority Administration System and, on a service-wide basis, through reports to the Bargaining Agent.
1.3.8 The Public Service Commission shall decide whether employees are suitable for appointment. Where a deputy head recommends that an employee is not suitable, the PSC shall, after considering such a recommendation, and representations of the employee or his or her representative, advise the deputy head, the employee, and his or her representative of its decision whether the employee is entitled to surplus and layoff priority and the reasons for the decision. The PSC shall also inform the Bargaining Agent of its decision.
1.3.9 The PSC shall, wherever possible, ensure that reinstatement priority is given to all employees who are subject to salary protection.
1.3.10 While the responsibility for retraining lies with the home department, the PSC is responsible for making the appropriate referrals and may recommend retraining where it would facilitate appointment, and the appointing department is responsible for considering retraining the individual and for justifying a decision not to retrain.
1.3.11 The PSC shall inform, in a routine and timely manner, a surplus employee or laid-off person, his or her home department and a representative of the Bargaining Agent, when he or she has been referred to a department for consideration but will not be offered the position. The PSC shall include full details of why he or she will not be appointed to or retrained for that position.
1.4.1 Employees have the right to be represented by the Bargaining Agent in the application of this Appendix.
1.4.2 Employees who are directly affected by work force adjustment situations and who receive a guarantee of a reasonable job offer, or who opt, or are deemed to have opted, for Option (a) of Part VI of this Appendix are responsible for:
1.4.3 Opting employees are responsible for:
2.1.1 In any work force adjustment situation which is likely to involve ten or more indeterminate employees covered by this Appendix, the department concerned shall notify the Director, Human Resources Management Group, Human Resources Management Division, Human Resources Branch, Treasury Board Secretariat, in confidence, at the earliest possible date and under no circumstances less than ninety-six (96) hours before the situation is announced. The department shall send a copy of the advice to the Director General, Recruitment Programs and Priority Administration Directorate, Resourcing and Learning Branch, Public Service Commission.
2.2.1 Upon notification by the department concerned in 2.1 above, and under no circumstances less than forty-eight (48) hours before the situation is announced, the Director, Human Resources Management Group, Human Resources Branch, Treasury Board Secretariat shall inform, in writing and in confidence, the chief executive officer of the Bargaining Agent. This information is to include the identity and location of the work unit(s) involved; the expected date of the announcement; the anticipated timing of the situation; and the numbers of employees, by group and level, who will be affected.
3.1.1 In cases where a work unit is to be relocated, departments shall provide all employees whose positions are to be relocated with the opportunity to choose whether they wish to move with the position or be treated as if they were subject to a work force adjustment situation.
3.1.2 Following written notification, employees must indicate, within a period of six months, their intention to move. If the employee’s intention is not to move with the relocated position, the deputy head can either provide the employee with a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix.
3.1.3 Employees relocating with their work units shall be treated in accordance with the provisions of 1.1.19 to 1.1.23.
3.1.4 Although departments will endeavour to respect employee location preferences, nothing precludes the department from offering the relocated position to employees in receipt of a guarantee of a reasonable job offer from their deputy heads, after having spent as much time as operations permit looking for a reasonable job offer in the employee’s location preference area.
3.1.5 Employees who are not in receipt of a guarantee of a reasonable job offer shall become opting employees and have access to the options set out in Part VI of this Appendix.
4.1.1 To facilitate the redeployment of affected employees, surplus employees, and laid-off persons, departments shall make every reasonable effort to retrain such persons for:
4.1.2 The PSC and departments shall be responsible for identifying situations where retraining can facilitate the appointment of surplus employees and laid-off persons, and shall cooperate in such efforts.
4.1.3 Subject to the provisions of 4.1.2, the deputy head of the home department shall approve up to two years of retraining, unless retraining costs cannot be absorbed, in which case the prior approval of the Treasury Board Secretariat is required following review of a retraining plan by the PSC.
4.2.1 A surplus employee is eligible for retraining providing:
4.2.2 The home department is responsible for ensuring that an appropriate retraining plan is prepared and is agreed to in writing by the employee and the delegated officers of the home and appointing departments.
4.2.3 Once a retraining plan has been initiated, its continuation and completion are subject to satisfactory performance by the employee.
4.2.4 While on retraining, a surplus employee continues to be employed by the home department and is entitled to be paid in accordance with his or her current appointment, unless the appointing department is willing to appoint the employee indeterminately, conditional on successful completion of retraining, in which case the retraining plan shall be included in the letter of offer.
4.2.5 When a retraining plan has been approved and the surplus employee continues to be employed by the home department, the proposed layoff date shall be extended to the end of the retraining period, subject to 4.2.3.
4.2.6 An employee unsuccessful in retraining may be laid off at the end of the surplus period, provided that the Employer has been unsuccessful in making the employee a reasonable job offer.
4.3.1 A laid-off person shall be eligible for retraining, with the approval of the PSC, providing:
4.3.2 When an individual is offered an appointment conditional on successful completion of retraining, a retraining plan reviewed by the PSC shall be included in the letter of offer. If the individual accepts the conditional offer, he or she will be appointed on an indeterminate basis to the full level of the position after having successfully completed training and being assessed as qualified for the position. When an individual accepts an appointment to a position with a lower maximum rate of pay than the position from which he or she was laid off, the employee will be salary protected in accordance with Part V.
5.1.1 Surplus employees and laid-off persons appointed to a lower-level position under this Appendix shall have their salary and pay equity equalization payments, if any, protected in accordance with the salary protection provisions of this agreement, or, in the absence of such provisions, the appropriate provisions of the Regulations Respecting Pay on Reclassification or Conversion.
5.1.2 Employees whose salary is protected pursuant to section 5.1.1. will continue to benefit from salary protection until such time as they are appointed or deployed into a position with a maximum rate of pay that is equal to or higher than the maximum rate of pay of the position from which they were declared surplus or laid off.
6.1.1 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those affected employees for whom they know or can predict employment availability. Employees in receipt of this guarantee would not have access to the choice of options below.
6.1.2 Employees who are not in receipt of a guarantee of a reasonable job offer from their deputy head have one hundred and twenty (120) days to consider the three (3) options below before a decision is required of them.
6.1.3 The opting employee must choose, in writing, one of the three options of section 6.3 of this Appendix within the one hundred and twenty (120) day window. The employee cannot change options once having made a written choice.
6.1.4 If the employee fails to select an option, the employee will be deemed to have selected Option (a), Twelve-month surplus priority period in which to secure a reasonable job offer at the end of the one hundred and twenty (120) day window.
6.1.5 If a reasonable job offer which does not require a relocation is made at any time during the one hundred and twenty (120) day opting period and prior to the written acceptance of the Transition Support Measure or the education allowance option, the employee is ineligible for the TSM, the pay in lieu of unfulfilled surplus period or the education allowance.
6.1.6 A copy of any letter issued by the Employer under this part or notice of layoff pursuant to the Public Service Employment Act shall be sent forthwith to the President of the Union of Canadian Correctional Officers – Syndicat des agents correctionnels du Canada – CSN.
Departments and organizations shall establish voluntary departure programs for all workforce adjustments situations involving five (5) or more affected employees working at the same group and level and in the same work unit. Such programs shall:
6.3.1 All departments must participate in the alternation process.
6.3.2 An alternation occurs when an opting employee who wishes to remain in the public service exchanges positions with a non-affected employee (the alternate) willing to leave the public service under the terms of Part VI of this Appendix.
6.3.3
6.3.4 An indeterminate employee wishing to leave the public service may express an interest in alternating with an opting employee. Management will decide, however, whether a proposed alternation will result in retaining the skills required to meet the ongoing needs of the position and the public service.
6.3.5 An alternation must permanently eliminate a function or a position.
6.3.6 The opting employee moving into the unaffected position must meet the requirements of the position, including language requirements. The alternate moving into the opting position must meet the requirements of the position, except if the alternate will not be performing the duties of the position and the alternate will be struck off strength within five (5) days of the alternation.
6.3.7 An alternation should normally occur between employees at the same group and level. When the two (2) positions are not the same group and level, alternation can still occur when the positions can be considered equivalent. They are considered equivalent when the maximum rate of pay for the higher-paid position is no more than six per cent (6%) higher than the maximum rate of pay for the lower paid position.
6.3.8 An alternation must occur on a given date, that is, two (2) employees directly exchange positions on the same day. There is no provision in alternation for a “domino” effect or for “future considerations.”
For clarity, the alternation will not be denied solely as a result of untimely administrative processes.
6.4.1 Only opting employees who are not in receipt of the guarantee of a reasonable job offer from the deputy head will have access to the choice of options below:
6.4.2 Management will establish the departure date of opting employees who choose Option (b) or Option (c) above.
6.4.3 The TSM, pay in lieu of unfulfilled surplus period and the education allowance cannot be combined with any other payment under the work force adjustment Appendix.
6.4.4 In the cases of: pay in lieu of unfulfilled surplus period, Option (b) and Option (c)(i), the employee relinquishes any priority rights for reappointment upon acceptance of his or her resignation.
6.4.5 Employees choosing Option (c)(ii) who have not provided their department with a proof of registration from a learning institution twelve (12) months after starting their leave without pay period will be deemed to have resigned from the public service, and be considered to be laid off for purposes of severance pay.
6.4.6 Opting employees who choose Option (b) or (c) above will be entitled to up to one thousand dollars ($1,000) towards counselling services in respect of their potential re-employment or retirement. Such counselling services may include financial and job placement counselling services.
6.4.7 An opting employee who has received pay in lieu of unfulfilled surplus period, a TSM or an education allowance and is reappointed to the public service shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of such reappointment or hiring, to the end of the original period for which the TSM or education allowance was paid.
6.4.8 The deputy head shall ensure that pay in lieu of unfulfilled surplus period is only authorized where the employee’s work can be discontinued on the resignation date and no additional costs will be incurred in having the work done in any other way during that period.
6.4.9 If a surplus employee who has chosen, or is deemed to have chosen, Option (a) refuses a reasonable job offer at any time during the twelve (12) month surplus priority period, the employee is ineligible for pay in lieu of unfulfilled surplus period.
6.4.10 Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied.
6.5.1 There are three (3) situations in which an employee may be eligible to receive a retention payment. These are total facility closures, relocation of work units and alternative delivery initiatives.
6.5.2 All employees accepting retention payments must agree to leave the public service without priority rights.
6.5.3 An individual who has received a retention payment and, as applicable, is either reappointed to that portion of the public service of Canada specified from time to time in Schedules I and IV of the Financial Administration Act, or is hired by the new Employer within the six (6) months immediately following his or her resignation, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of such reappointment or hiring, to the end of the original period for which the lump sum was paid.
6.5.4 The provisions of 6.5.5 shall apply in total facility closures where public service jobs are to cease, and:
6.5.5 Subject to 6.5.4, the deputy head shall pay to each employee who is asked to remain until closure of the work unit and offers a resignation from the public service to take effect on that closure date, a sum equivalent to six (6) months’ pay payable upon the day on which the departmental operation ceases, provided the employee has not separated prematurely.
6.5.6 The provisions of 6.5.7 shall apply in relocation of work units where public service work units:
6.5.7 Subject to 6.5.6, the deputy head shall pay to each employee who is asked to remain until the relocation of the work unit and offers a resignation from the public service to take effect on the relocation date, a sum equivalent to six (6) months’ pay payable upon the day on which the departmental operation relocates, provided the employee has not separated prematurely.
6.5.8 The provisions of 6.5.9 shall apply in alternative delivery initiatives:
6.5.9 Subject to 6.5.8, the deputy head shall pay to each employee who is asked to remain until the transfer date and who offers a resignation from the public service to take effect on the transfer date, a sum equivalent to six (6) months’ pay payable upon the transfer date, provided the employee has not separated prematurely.
The administration of the provisions of this part will be guided by the following principles:
For the purpose of this part, an alternative delivery initiative (diversification des modes de prestation des services)
Is the transfer of any work, undertaking or business of the public service to any body or corporation that is a separate Employer or that is outside the public service;
For the purpose of this part, a reasonable job offer (offre d’emploi raisonnable)
Is an offer of employment received from a new Employer in the case of a Type 1 or Type 2 transitional employment arrangement, as determined in accordance with section 7.2.2;
For the purpose of this part, a termination of employment (licenciement de l’employé-e)
Is the termination of employment referred to in paragraph 12(1)f) of the Financial Administration Act (FAA).
Departments will, as soon as possible after the decision is made to proceed with an ASD initiative, and if possible, not less than one hundred and eighty (180) days prior to the date of transfer, provide notice to the Bargaining Agent component(s) of its intention.
The notice to the Bargaining Agent component(s) will include:
A joint WFA-ASD committee will be created for ASD initiatives and will have equal representation from the department and the component(s). By mutual agreement the committee may include other participants. The joint WFA-ASD committee will define the rules of conduct of the committee.
In cases of ASD initiatives, the parties will establish a joint WFA-ASD committee to conduct meaningful consultation on the human resources issues related to the ASD initiative in order to provide information to the employee which will assist him or her in deciding on whether or not to accept the job offer.
In cases of commercialization where tendering will be part of the process, the members of the joint WFA-ASD committee shall make every reasonable effort to come to an agreement on the criteria related to human resources issues (for example, terms and conditions of employment, pension and health care benefits, the take-up number of employees) to be used in the request for proposal (RFP) process. The committee will respect the contracting rules of the federal government.
In cases of the creation of new agencies, the members of the joint WFA/ASD committee shall make every reasonable effort to agree on common recommendations related to human resources issues (for example, terms and conditions of employment, pension, and health care benefits) that should be available at the date of transfer.
In all other ASD initiatives where an Employer-employee relationship already exists the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer.
In the cases of commercialization and creation of new agencies consultation opportunities will be given to the component(s); however, in the event that agreements are not possible, the department may still proceed with the transfer.
7.2.1 The provisions of this part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new Employer shall be treated in accordance with the provisions of this part and, only where specifically indicated will other provisions of this Appendix apply to them.
7.2.2 There are three (3) types of transitional employment arrangements resulting from alternative delivery initiatives:
7.2.3 For Type 1 and Type 2 transitional employment arrangements, the offer of employment from the new Employer will be deemed to constitute a reasonable job offer for purposes of this part.
7.2.4 For Type 3 transitional employment arrangements, an offer of employment from the new Employer will not be deemed to constitute a reasonable job offer for purposes of this part.
7.3.1 Deputy heads will be responsible for deciding, after considering the criteria set out above, which of the types applies in the case of particular alternative delivery initiatives.
7.3.2 Employees directly affected by alternative delivery initiatives are responsible for seriously considering job offers made by new Employers and advising the home department of their decision within the allowed period.
7.4.1 Where alternative delivery initiatives are being undertaken, departments shall provide written notice to all employees offered employment by the new Employer, giving them the opportunity to choose whether they wish to accept the offer.
7.4.2 Following written notification, employees must indicate within a period of sixty (60) days their intention to accept the employment offer, except in the case of Type 3 arrangements, where home departments may specify a period shorter than sixty (60) days, but not less than thirty (30) days.
7.5.1 Employees subject to this Appendix (see “Application”) and who do not accept the reasonable job offer from the new Employer in the case of Type 1 or 2 transitional employment arrangements will be given four (4) months’ notice of termination of employment and their employment will be terminated at the end of that period or on a mutually agreed upon date before the end of the four (4) month notice period except where the employee was unaware of the offer or incapable of indicating an acceptance of the offer.
7.5.2 The deputy head may extend the notice of termination period for operational reasons, but no such extended period may end later than the date of the transfer to the new Employer.
7.5.3 Employees who do not accept a job offer from the new Employer in the case of Type 3 transitional employment arrangements may be declared opting or surplus by the deputy head in accordance with the provisions of the other parts of this Appendix.
7.5.4 Employees who accept a job offer from the new Employer in the case of any alternative delivery initiative will have their employment terminated on the date on which the transfer becomes effective, or on another date that may be designated by the home department for operational reasons provided that this does not create a break in continuous service between the public service and the new Employer.
7.6.1 For greater certainty, the provisions of Part II, Official Notification, and section 6.4, Retention Payment, will apply in the case of an employee who refuses an offer of employment in the case of a Type 1 or 2 transitional employment arrangement. A payment under section 6.4 may not be combined with a payment under the other section.
7.7.1 Employees who are subject to this Appendix (see “Application”) and who accept the offer of employment from the new Employer in the case of Type 2 transitional employment arrangements will receive a sum equivalent to three (3) months’ pay, payable upon the day on which the departmental work or function is transferred to the new Employer. The home department will also pay these employees an eighteen (18) month salary top-up allowance equivalent to the difference between the remuneration applicable to their public service position and the salary applicable to their position with the new Employer. This allowance will be paid as a lump sum, payable on the day on which the departmental work or function is transferred to the new Employer.
7.7.2 In the case of individuals who accept an offer of employment from the new Employer in the case of a Type 2 arrangement whose new hourly or annual salary falls below eighty per cent (80%) of their former federal hourly or annual remuneration, departments will pay an additional six (6) months of salary top-up allowance for a total of twenty-four (24) months under this section and section 7.7.1. The salary top-up allowance equivalent to the difference between the remuneration applicable to their public service position and the salary applicable to their position with the new Employer will be paid as a lump sum payable on the day on which the departmental work or function is transferred to the new Employer.
7.7.3 Employees who accept the reasonable job offer from the successor Employer in the case of a Type 1 or Type 2 transitional employment arrangement where the test of reasonableness referred to in the Statement of Pension Principles set out in Annex A is not met, that is, where the actuarial value (cost) of the new Employer’s pension arrangements are less than 6.5 per cent (6.5%) of pensionable payroll (excluding the Employer’s costs related to the administration of the plan) will receive a sum equivalent to three (3) months’ pay, payable on the day on which the departmental work or function is transferred to the new Employer.
7.7.4 Employees who accept an offer of employment from the new Employer in the case of Type 3 transitional employment arrangements will receive a sum equivalent to six (6) months’ pay payable on the day on which the departmental work or function is transferred to the new Employer. The home department will also pay these employees a twelve (12) month salary top-up allowance equivalent to the difference between the remuneration applicable to their public service position and the salary applicable to their position with the new Employer. The allowance will be paid as a lump sum, payable on the day on which the departmental work or function is transferred to the new Employer. The total of the lump-sum payment and the salary top-up allowance provided under this section will not exceed an amount equivalent to one year’s pay.
7.7.5 For the purposes of 7.7.1, 7.7.2 and 7.7.4, the term “remuneration” includes and is limited to salary plus equal pay adjustments, if any, and supervisory differential, if any.
7.8.1 An individual who receives a lump-sum payment and salary top-up allowance pursuant to subsection 7.7.1, 7.7.2, 7.7.3 or 7.7.4 and who is reappointed to that portion of the public service of Canada specified from time to time in Schedules I, IV and V to the Financial Administration Act at any point during the period covered by the total of the lump-sum payment and salary top-up allowance, if any, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of reappointment to the end of the original period covered by the total of the lump-sum payment and salary top-up allowance, if any.
7.8.2 An individual who receives a lump-sum payment pursuant to subsection 7.6.1 and, as applicable, is either reappointed to that portion of the public service of Canada specified from time to time in Schedules I, IV and V to the Financial Administration Act or hired by the new Employer at any point covered by the lump-sum payment, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of the reappointment or hiring to the end of the original period covered by the lump-sum payment.
7.9.1 Notwithstanding the provisions of this agreement concerning vacation leave, an employee who accepts a job offer pursuant to this part may choose not to be paid for earned but unused vacation leave credits, provided that the new Employer will accept these credits.
7.9.2 Notwithstanding the provisions of this agreement concerning severance pay, an employee who accepts a reasonable job offer pursuant to this part will not be paid severance pay where successor rights apply and/or, in the case of a Type 2 transitional employment arrangement, when the new Employer recognizes the employee’s years of continuous employment in the public service for severance pay purposes and provides severance pay entitlements similar to the employee’s severance pay entitlements at the time of the transfer.
However, an employee who has a severance termination benefit entitlement under the terms of paragraph 33.05(b) or (c) of Appendix J shall be paid this entitlement at the time of transfer.
7.9.3 Where:
the employee shall be deemed, for purposes of severance pay, to be involuntarily laid off on the day on which employment in the public service terminates.
| Years of service in the public service | Transition Support Measure (TSM) (payment in weeks’ pay) |
|---|---|
| 0 | 10 |
| 1 | 22 |
| 2 | 24 |
| 3 | 26 |
| 4 | 28 |
| 5 | 30 |
| 6 | 32 |
| 7 | 34 |
| 8 | 36 |
| 9 | 38 |
| 10 | 40 |
| 11 | 42 |
| 12 | 44 |
| 13 | 46 |
| 14 | 48 |
| 15 | 50 |
| 16 | 52 |
| 17 | 52 |
| 18 | 52 |
| 19 | 52 |
| 20 | 52 |
| 21 | 52 |
| 22 | 52 |
| 23 | 52 |
| 24 | 52 |
| 25 | 52 |
| 26 | 52 |
| 27 | 52 |
| 28 | 52 |
| 29 | 52 |
| 30 | 49 |
| 31 | 46 |
| 32 | 43 |
| 33 | 40 |
| 34 | 37 |
| 35 | 34 |
| 36 | 31 |
| 37 | 28 |
| 38 | 25 |
| 39 | 22 |
| 40 | 19 |
| 41 | 16 |
| 42 | 13 |
| 43 | 10 |
| 44 | 07 |
| 45 | 04 |
For indeterminate seasonal and part-time employees, the TSM will be pro-rated in the same manner as severance pay under the terms of this agreement.
Severance pay provisions of this agreement are in addition to the TSM.
Effective January 1, 2014, all references and entitlements related to designated paid holidays no longer apply to employees working shifts in accordance with clause 21.02 of this agreement.
In view of the unique requirements found in the Correctional Service of Canada, and for the duration of the Correctional Services Group collective agreement, the Employer agrees to the following interpretation and application of the overtime meal allowance.
For the duration of the Correctional Services Group collective agreement, the Employer agrees to the following:
The Employer and the Union of Canadian Correctional Officers – Syndicat des agents correctionnels du Canada – CSN (UCCO-SACC-CSN) agree to the following:
For the duration of this collective agreement, there shall be an exclusion of all positions classified CX-4 in the bargaining unit described as being composed of “all of the Employer’s employees in the Correctional Services Group, as defined in Part 1 of the Canada Gazette for March 27, 1999.”
For greater certainty, effective on the date of signing of this collective agreement, all terms and conditions of employment of this agreement shall apply to positions classified CX-3 and who were previously subject to this MOU.
“Fondaction” means the Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi, a company created in Quebec by the filing of articles on June 22, 1995, in conformity with the Act to establish Fondaction, le Fonds de développement de la Confédération des syndicats nationaux pour la coopération et l’emploi (L.Q. C-48).
This Memorandum confirms the agreement reached by the parties at the bargaining table regarding collaboration between the Correctional Service Canada (the Department) and UCCO-SACC-CSN to look into the matter of notice period of shift change pursuant to paragraph 21.03d) of the collective agreement.
The Department and UCCO-SACC-CSN agree to initiate discussions within sixty (60) days of signing of the collective agreement to develop terms of reference for a project regarding the changing of the notice period under Article 21.03d).
This Appendix is to reflect the language agreed to by the Employer and the Union of Canadian Correctional Officers – Syndicat des agents correctionnels du Canada – CSN for the elimination of severance pay for voluntary separations (resignation and retirement) on November 5, 2013. These historical provisions are being reproduced to reflect the agreed language in cases of deferred payment.
Effective November 5, 2013, paragraphs 33.01(b) and (d) are deleted from the collective agreement.
33.01 Under the following circumstances and subject to clause 33.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.
a severance payment in respect of the employee’s complete period of continuous employment, comprised of 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), to a maximum of thirty (30) weeks’ pay.
33.02 Severance 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 this article be pyramided.
For greater certainty, payments made pursuant to clauses 33.04 to 33.07 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of clause 33.02.
33.03 Appointment to a separate Employer organization
An employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act shall be paid all severance payment resulting from the application of paragraph 33.01(b) (prior to November 5, 2013) or clauses 33.04 to 33.07 (commencing on November 5, 2013).
33.04 Severance termination
Subject to clause 33.02 above, indeterminate employees on November 5, 2013, shall be entitled to severance termination benefits equal to 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), to a maximum of thirty (30) weeks.
33.05 Options
The amount to which an employee is entitled shall be paid, at the employee’s discretion, either:
33.06 Selection of option
33.07 Appointment from a different bargaining unit
This clause applies in a situation where an employee is appointed into a position in the CX bargaining unit from a position outside the CX bargaining unit where, at the date of the appointment, provisions similar to those in paragraphs 33.01(b) and (d) are still in force, unless the appointment is only on an acting basis.
There are four (4) basic principles of effectively scheduling to meet the business need of the Correctional Service of Canada (CSC).
The following rules have been established to maintain sustainable solutions for all stakeholders and to ensure effective scheduling that will address the business need of the organization and the quality of life for employees working in a correctional environment.
Ensure shift schedules deploy employees for the correct hours of work in accordance with the collective agreement.
Build shift schedules to reflect the operational need of the institution. The current business need is eight (8), sixteen (16) and twenty-four (24) hour security activity coverage and shift schedules shall be developed based on the identified business need.
Deploy employees to the identified business need. For eight decimal five (8.5) hour shift schedules there shall only be eight decimal five (8.5) hour shifts for eight (8) hour correctional activities.
To maximize substitute relief positions there shall not be any overlap in the shift schedules. There shall be an equitable distribution of substitute relief positions for each day of the week, that is, eight decimal five (8.5) hour substitute relief positions for eight (8) hour correctional activities.
The process to determine how employees are assigned to an eight decimal five (8.5) hour shift schedule is determined by mutual agreement at the local Labour Management Committee level. In cases where mutual agreement cannot be reached on a priority rating system, the institution shall assign among all the employees who have expressed interest and meet the requirements of the position, the employee with the most years of service as a correctional officer.
Ensure shift schedules deploy employees for the correct hours of work in accordance with the collective agreement.
Build shift schedules to reflect the operational need of the institution. The current business need is eight (8), sixteen (16) and twenty-four (24) hour correctional activity coverage and shift schedules shall be developed based on the identified business need.
Deploy employees to the identified business need, that is, for twelve decimal seven five (12.75) hour shift schedules the majority of shifts shall be twelve decimal seven five (12.75) hour shifts for twelve (12) hour correctional activities.
To maximize substitute relief positions there shall not be any overlap in the shift schedules. There shall be an equitable distribution of substitute relief positions for each day of the week, that is, twelve decimal seven five (12.75) hour substitute relief positions for twelve (12) hour correctional activities.
Employees working a modified shift schedule that contains twelve (12) or more hours shall not be scheduled more than four (4) consecutive shifts in a row.
Employees working a modified shift schedule that contains a sixteen (16) hour shift shall normally be scheduled to only one sixteen (16) hour shift in a shift cycle.
The process to determine how employees are assigned to a modified shift schedule is determined by mutual agreement at the local Labour Management Committee level. In cases where mutual agreement cannot be reached on a priority rating system, the institution shall assign among all the employees who have expressed interest and meet the requirements of the position, the employee with the most years of service as a correctional officer.
Prior to any shift schedules being approved for implementation at any institution, they shall be reviewed and certified by the national committee identified for the purpose of overseeing the shift schedules. The national committee will confirm that the above principles have been adhered to and reflected in the shift schedules. If the shift schedules do not reflect the principles then the schedule submitted shall not be certified for implementation and shall be referred back to the local for further changes/amendments.
Once a shift schedule has been approved and implemented, it shall only be altered by the mutual consent of the local Union and management and after the subsequent review and certification by the national committee. However, in cases where a change in the security level of the institution or organizational change (for example, number of approved posts, hours of operations for posts, classification or type of posts for deployment purposes), the shift schedule shall be re-submitted to the national committee to review the compliance with the above principles. The national committee shall on an annual basis, review shift schedules in effect in an institution to ensure continued compliance with the above principles.
Part I of this Memorandum of Understanding shall apply to the incumbents of positions which will be reclassified to a group and/or level having a lower attainable maximum rate of pay after the date this Memorandum of Understanding becomes effective.
Note: The term “attainable maximum rate of pay” means the rate attainable for fully satisfactory performance in the case of levels covered by a performance pay plan or the maximum salary rate in the case of all other groups and levels.
Part II of the Memorandum of Understanding shall apply to incumbents of positions who are in holding rates of pay on the date this Memorandum of Understanding becomes effective.
Signed at Ottawa, this 9th day of the month of February 1982.
The Union and the Employer agree to create a Joint Committee consisting of an equal number of Union and Employer representatives. The Committee will convene within 90 days of the signing of the collective agreement and will complete its work by December 31, 2022.
The joint committee will undertake a study of retention issues in the Port-Cartier and Grande Cache institutions.
The objectives of the study are to:
It is understood that any changes to the collective agreement resulting from these recommendations must be considered in the context of the collective bargaining process.
The deadline for completion of work may be extended by mutual consent of both parties to this agreement.
Notwithstanding the provisions of clause 49.03 on the calculation of retroactive payments and clause 51.03 on the collective agreement implementation period, this memorandum is to give effect to the understanding reached between the Employer and the Union of Canadian Correctional Officers – Syndicat des agents correctionnels du Canada (CSN) regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.
