Collective Agreement Between CFIA and PSAC regarding the Public Service Alliance of Canada (PSAC) Bargaining Unit
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 upon which agreement has been reached through collective bargaining.
1.02 The parties to this Agreement share a desire to improve the quality of the Canadian Food Inspection Agency and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and efficiently served. Accordingly, the parties are determined to establish, within the framework provided by law, an effective working relationship at all levels of the Agency in which members of the bargaining units are employed.
Sub-clauses 2.01(g), (h), (r) and (w) do not apply to bargaining unit employees classified as GL or GS.
Sub-clauses 2.01(aa), (bb), (cc), (dd), (ee) and (ff) apply only to bargaining unit employees classified as GL or GS.
2.01 For the purpose of this Agreement:
- "allowance" means compensation payable for the performance of special or additional duties; (indemnité)
- "bargaining unit" means the employees of the Employer as described in Article 8; (unité de négociation)
- "common-law partner" means a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year; (conjoint de fait)
- "compensatory leave" means leave with pay in lieu of cash payment for overtime, travelling time compensated at an overtime rate, call-back, reporting pay and standby. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken; (congé compensateur)
- "continuous employment" has the same meaning as specified in the existing Terms and Conditions of Employment Policy on the date of signing of this Agreement; (emploi continu)
- "daily rate of pay" means a full-time employee's weekly rate of pay divided by five (5); (taux de rémunération)
- "day" means a twenty-four (24) hour period commencing at 00:01 hours;
- "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 the position other than by reason of the employee being on leave or absent from duty without permission; (jour de repos)
- "double time" means two (2) times the employee's hourly rate of pay; (tarif double)
- "employee" means a person so defined in the Public Service Labour Relations Act, and who is a member of the bargaining unit specified in Article 8; (employé-e)
- "Employer" means Her Majesty in right of Canada as represented by the Canadian Food Inspection Agency, and includes any person authorized to exercise the authority of the Canadian Food Inspection Agency; (Employeur)
- **"family" except where otherwise specified in this Agreement, means father, mother (or alternatively step-father, step-mother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of spouse or common-law partner), step-child or ward of the employee, grandchild, father-in-law, mother-in-law, and grandparent, and any relative permanently residing in the employee's household or with whom the employee permanently resides. (famille); (previously Article 49.01)
- "holiday" (jour férié) means:
- the twenty-four (24)-hour period commencing at 00:01 hours of a day designated as a paid holiday in this Agreement;
- however, for the purpose of administration of a shift that does not commence and end on the
same day, such shift shall be deemed to have been entirely worked:
- on the day it commenced where half (½) or more of the hours worked fall on that day;
- on the day it terminates where more than half (½) of the hours worked fall on that day;
- on the day it commenced where half (½) or more of the hours worked fall on that day;
- "hourly rate of pay" means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5); (taux de rémunération horaire)
- "lay-off" means the termination of an employee's employment because of lack of work or because of the discontinuance of a function; (mise en disponibilité)
- "leave" means authorized absence from duty by an employee during the employee's regular or normal hours of work; (congé)
- "membership dues" means the dues established pursuant to the constitution of the Union as the dues payable by its members as a consequence of their membership in the Union, and shall not include any initiation fee, insurance premium, or special levy; (cotisations syndicales)
- "overtime" (heures supplémentaires) means:
- in the case of a full-time employee, authorized work in excess of the employee's scheduled
hours of work;
- in the case of a part-time employee, authorized work in excess of seven decimal five (7.5)
hours per day or thirty-seven decimal five (37.5) hours per week, but does not include time worked on a holiday;
- in the case of a part-time employee whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day in accordance with the Variable Hours of Work provisions, clauses 24.12 to 24.15, authorized work in excess of those normal scheduled daily hours or an average of thirty-seven decimal five (37.5) hours per week;
- in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work;
- "remuneration" means pay and allowances; (rémunération)
- "spouse" will, when required, be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as defined in Directive 2 of the Foreign Service Directives; (conjoint-e)
- "straight-time rate" means the employee's hourly rate of pay; (tarif normal)
- "time and one-half" means one decimal five (1.5) times the employee's hourly rate of pay; (tarif et demi)
- "Union" means the Public Service Alliance of Canada; (Syndicat)
- "weekly rate of pay" means an employee's annual rate of pay divided by fifty-two decimal one seven six (52.176). (taux de rémunération hebdomadaire)
aa. "annual rate of pay" means the employee's weekly rate of pay multiplied by fifty-two decimal one seven six (52.176); (taux de rémunération annuel)
bb. "daily rate of pay" means an employee's hourly rate of pay times the employee's normal number of hours of work per day; (taux de rémunération journalier)
cc. "weekly rate of pay" means the employee's daily rate of pay multiplied by five (5); (taux de rémunération hebdomadaire)
dd. "overtime" (heures supplémentaires) means:
- in the case of a full-time employee, authorized work in excess of the employee's scheduled
hours of work;
- in the case of a part-time employee, authorized work in excess of eight (8) hours per day or
forty (40) hours per week, but does not include time worked on a holiday;
- in the case of a part-time employee whose normal scheduled hours of work are in excess of eight (8) hours per day in accordance with the Variable Hours of Work provisions, clauses 24.12 to 25.14, authorized work in excess of those normal scheduled daily hours or an average of forty (40) hours per week;
ee. "rate of pay" means the basic rate of pay as specified in Appendix "A" and includes supervisory differential; (taux de rémunération)
ff. "week" means a period of seven (7) consecutive days beginning at 00:01 hours Monday morning and ending at 24:00 hours the following Sunday night; (semaine)
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:
- if defined in the Public Service Labour
Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act;
- if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
3.01 The provisions of this Agreement apply to the Union, the 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 regulation 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 Canadian Food Inspection Agency 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.
6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the Canadian Food Inspection Agency.
7.01 The Public Service Dental Care Plan, as amended from time to time by the terms and conditions of the Dental Care Agreement between the Treasury Board of Canada Secretariat and the Public Service Alliance of Canada shall be deemed to form part of this Agreement.
8.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Employer described in the certificate issued by the former Public Service Staff Relations Board on October 27, 1997.
9.01 The Employer agrees to supply the Union each quarter with the name, geographic location and classification of each new employee.
9.02 The Employer agrees to supply each employee with a copy of this Agreement and will endeavour to do so within one (1) month after receipt from the printer.
10.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees. Where an employee does not have sufficient earnings in respect of any month 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 authorized monthly deduction to be checked off for each employee.
10.03 For the purpose of applying clause 10.01, deductions from pay for each employee in respect of each calendar month will start with the first 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 Public Service 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.
10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Comptroller of the Union by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf.
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.
11.01 Reasonable space on bulletin boards in convenient locations will be made available to the Union for the posting of official Union notices. The Union shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices related to the business affairs of the Union, including the names of Union representatives, and social and recreational events. Such approval shall not be unreasonably withheld.
11.02 The Employer will also continue its present practice of making available to the Union specific locations on its premises, for the placement of reasonable quantities of literature of the Union.
11.03 A duly accredited representative of the Union may be permitted access to the Employer's premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer. In the case of access to vessels, the Union representative upon boarding any vessel must report to the Master, state his or her business and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and normal operation of the vessels.
11.04 The Union shall provide the Employer a list of such Union representatives and shall advise promptly of any change made to the list.
12.01 The Employer acknowledges the right of the Union to appoint or otherwise select employees as representatives.
12.02 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 work place 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.
12.03 The Union shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 12.02.
- A representative shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to his or her supervisor before resuming his or her normal duties.
- Where practicable, when management requests the presence of a Union representative at a meeting, such request will be communicated to the employee's supervisor.
- An employee shall not suffer any loss of pay when permitted to leave his or her work under sub-clause 12.04(a).
12.05 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 such programs exist.
Complaints made to the Public Service Labour Relations Board Pursuant to Section 190(1) of the Public Service Labour Relations Act
13.01 When operational requirements permit, the Employer will grant leave with pay:
- to an employee who makes a complaint on his or her own behalf, before the Public Service Labour
- to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Union making a complaint.
Applications for Certification, Representations and Interventions with respect to Applications for Certification
13.02 When operational requirements permit, the Employer will grant leave without pay:
- to an employee who represents the Union in an application for certification or in an
- to an employee who makes personal representations with respect to a certification.
13.03 The Employer will grant leave with pay:
- to an employee called as a witness by the Public Service Labour Relations Board;
- when operational requirements permit, to an employee called as a witness by an employee or the Union.
Arbitration Board Hearings, Public Interest Commission Hearings and Alternate Dispute Resolution Process
13.04 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.
13.05 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.
13.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:
- a party to the adjudication;
- the representative of an employee who is a party to an adjudication;
- a witness called by an employee who is a party to an adjudication.
Meetings During the Grievance Process
13.07 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 him or her reasonable leave with pay for this purpose when the discussion takes place in his or her headquarters area and reasonable leave without pay when it takes place outside his or her headquarters area.
13.08 Subject to operational requirements:
- when the Employer originates a meeting with a grievor in his or her headquarters area, he or she will be granted leave with pay and "on duty" status when the meeting is held outside the grievor's headquarters area,
- when a grievor seeks to meet with the Employer, he or she will be granted leave with pay when
the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her
- when an employee representative attends a meeting referred to in this clause, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area.
Contract Negotiation Meetings
13.09 When operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Union.
Preparatory Contract Negotiation Meetings
13.10 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.
Meetings Between the Union and Management Not Otherwise Specified in this Article
13.11 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.
13.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings of the Board of Directors of the Union, meetings of the National Executive of the Components, Executive Board meetings of the Union, and conventions of the Union, the Components, the Canadian Labour Congress, the PSAC Regional Councils, and the Territorial and Provincial Federations of Labour.
Representatives' Training Courses
13.13 When operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Union to undertake training related to the duties of a representative.
14.01 If employees are prevented from performing their duties because of a strike or lock-out 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.
15.01 The Public Service 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.(2)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Public Service Labour Relations Act.
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