ARCHIVED - Correctional Services (CX) 601 - Archived
This page has been archived.
Archived Content
Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.
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.
- The Overtime Meal Allowance will not be paid when an employee is provided
with a meal(s) at departmental expense.
- The "free meal" to be provided in lieu of the Overtime Meal
Allowance means a regular full course meal as prepared in the institution where
the employee is employed.
- A snack or sandwiches will not be considered by the Employer as a full
course meal.
- Notwithstanding the provisions of clause 21.15, when there is a
reasonable expectation that an employee will work the full eight (8) hours'
overtime shift, the first (1st) meal break will be allowed prior to
the working of the first three (3) hours of overtime, and the second (2nd)
meal break will be allowed after approximately four (4) hours of overtime have
been worked.
- Where an employee is scheduled to work overtime on a day of rest or on a
designated paid holiday, the provisions of clause 21.15, and this appendix,
shall be applicable to the employee only with respect to such additional
overtime hours which the employee may work in excess of the employee's prior
scheduled hours of overtime on that day without prior notification.
- In the event that the Employer is unable to grant an employee reasonable
time off with pay for the purpose of taking an overtime meal break, in lieu
thereof the employee shall receive an additional one-half (1/2) hour of
overtime compensation at the same overtime rate of the shift completed.
**
For the duration of the Correctional Services Group Collective Agreement,
the Employer agrees to the following:
- To the extent practicable, the Employer will endeavour to avoid assigning
Correctional Officers on inmate escorts on other than their regular working
days.
- When an officer is required to escort an inmate outside of the
Headquarters area the employee will be compensated as follows:
- the total period during which the officer is escorting the inmate or has
the inmate under visual surveillance will be considered as time worked and the
officer will be compensated at the applicable straight time and/or overtime
rate;
- an officer who is required to escort inmates at a time which is outside
the officer's normal regular scheduled hours of work will be compensated at the
applicable overtime rates;
- an officer who escorts an inmate for a period of less than eight (8)
hours will receive his or her regular pay for the day, that is eight (8) hours.
However, on these occasions, where practicable, an officer may be required to
perform other correctional officer duties for the balance of the eight (8) hour
period;
- on a statutory holiday or on a day of rest the employee will be
compensated at the applicable overtime rate for the actual hours worked but in
any event, no less than the equivalent of eight (8) hours at the straight-time
rate;
- all hours included between the time of reporting to the institution
until the time of return shall be considered as hours worked when these hours
are consecutive without interruption by overnight stopover for a suitable rest
period;
- when an officer's journey is interrupted by an overnight stopover the
officer will be paid up to the time of the officer's arrival at his or her
destination including normal travelling time to register at a hotel and will be
paid for normal travelling time from the hotel to the officers point of
departure. Thus, all hours between the normal time of registration at the hotel
until the time of departure from the hotel will not be considered as hours
worked;
**
-
on an inbound or outbound journey, without an inmate, the correctional
officer will be compensated for his regular hours of work as if he or she had
been working and the remaining time in travel to be compensated at the
applicable overtime rate to a maximum of eight (8) hours;
- on the return journey after a stopover and when escorting an inmate, the
officer will be compensated as in paragraph (a) above;
- when a Correctional Officer, who has been performing escort duty outside
the officer's Headquarters area, does not have a reasonable rest period between
the completion of the officer's escort duty and the start of his or her next
scheduled shift, the officer will not be required to perform his or her duties
for that day, however, the officer will receive a day's pay and the eight (8)
hours will be deducted from the compensation earned during the period of
escort.
- When an officer is required to escort an inmate outside of the officer's
Headquarters area the officers will be subject to the following travelling
conditions:
- an officer will be reimbursed for reasonable expenses incurred as
normally defined by the Employer;
- an officer who is required to escort an inmate on a journey involving at
least nine (9) hours will be given an overnight stopover whenever it is
expected that the journey will exceed twelve (12) hours from the time of
departure from the institution to the time of return to the institution;
- whenever it is expected that an officer may be required to drive more
than eighty (80) kilometers (fifty (50) miles) in any day beyond the number of
kilometers normally defined by the Employer the officer will be given an
overnight stopover.
**
-
When a correctional officer is responsible for escorting an inmate, the
Correctional Service of Canada (CSC) shall give the officer, before the start
of the escort duty, the amount of money needed to cover his authorized expenses
as well as those of the inmate.
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 either CX-3 or 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."
Definition
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 An
Act to establish Fondaction le Fonds de développement de la
Confédération des syndicats nationaux pour la coopération et l'emploi
(L.Q. C-48).
- The employer agrees to give employees the opportunity to contribute to
Fondaction through payroll deductions. The employee may claim the immediate
allowable tax reduction at source.
- All deductions made in conformity with paragraph 1 of this Appendix, will
be subject to the modalities agreed to by the Employer in conformity with the Loi
constituant le Fonds de développement de la Confédération des syndicats
nationaux pour la coopération et l'emploi (L.Q. C-48).
**
-
When an employee is to be removed from his regular duties due to an
incident involving an offender, the employee may be assigned other duties with
pay or removed from his normal work site with pay pending the outcome of the
disciplinary investigation provided he fully co-operate with the conduct of the
investigation by attending interviews and hearings without undue delay. A
refusal to attend interviews and hearings without undue delay shall result in
the interruption of remuneration as long as the investigation has not been
completed.
**
-
The parties agree that the Managers Guide to Staff Discipline will
provide direction regarding the reassignment of an employee to other duties or
the removal from the employee's normal work site. The parties agree to engage
in meaningful consultation in the event changes to the Managers Guide to Staff
Discipline are being considered.
Treasury Board Secretariat bulletin titled
"Marriage Leave and Same-Sex Couples" dated August 12, 2003 will be
in force for the duration of the present collective agreement unless the
parties decide otherwise.
- Prairies Region
- Grierson Centre
- Edmonton Institution for Women
- Willow Cree
- OOHL
Mr. Sylvain Martel
National President UCCO-SACC-CSN
1601 de Lorimier Avenue
Montreal, Quebec
H2K 4M5
SUBJECT: Correctional Services Group
Sir,
The present letter is pursuant to the discussions held between the parties
regarding the application of article 17.07 of the collective agreement for the
Correctional Services group. For reference purposes, the text of this provision
is reproduced below:
17.07 Subject to the Access to Information Act and
the Privacy Act, the Employer shall provide the employee access to the
information used during the disciplinary investigation.
It is agreed that this provision is designed to provide the employee who was
subject to a disciplinary investigation, access to the information and/or
document(s) that have been used in the course of said investigation in
accordance with the Access to Information Act and the Privacy Act,
without the employee having to make an application for said information under
the Access to Information Act. The access provided in paragraph 17.07
should be provided promptly within the framework of the disciplinary hearing.
The present letter of agreement shall expire on May 31st, 2010.
Yours Truly,
Marc Thibodeau, CIRP
Negotiator
Labour Relations Branch
Treasury Board of Canada Secretariat
Recieved and approved by
Sylvain Martel
National President UCCO-SACC-CSN
PRINCIPLES OF EFFECTIVE SCHEDULING
There are three basic principles of effectively scheduling to meet the
business need of the Correctional Service of Canada (CSC).
- Economic: Ensuring that the schedules are developed in a
cost effective manner within existing funded resources.
- Operational: Ensuring that the schedules are deploying
the resources to all of the identified security activities.
- Contractual: Ensuring that the schedules meet all of the
clauses within the Collective Agreement.
RULES FOR EFFECTIVE SCHEDULING
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.
(A) EIGHT DECIMAL FIVE (8.5) HOUR SCHEDULES (ARTICLE 21.02)
Ensure schedules deploy employees to the correct hours of work in accordance
with the Collective Agreement.
Build schedules to reflect the operational need of the institution. The
currentbusiness need is eight (8), sixteen (16) and twenty-four (24) hour
security activity coverage and schedules shall be developed based on the
identified business need.
Deploy employees to the identified business need. For eight decimal five
(8.5) hour 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 schedules. There shall be an equitable distribution of substitute relief
positions for each day of the week i.e. 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 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 at the level of the post
in question.
(B) MODIFIED HOUR SCHEDULES (ARTICLE 34)
Ensure schedules deploy employees to the correct hours of work in accordance
with the Collective Agreement.
Build schedules to reflect the operational need of the institution. The
current business need is eight (8) hour, sixteen (16) and twenty-four (24) hour
correctional activity coverage and schedules shall be developed based on the
identified business need.
Deploy employees to the identified business need i.e. for twelve decimal
seven five (12.75) hour 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 schedules. There shall be an equitable distribution of substitute relief
positions for each day of the week i.e. twelve decimal seven five (12.75) hour
substitute relief positions for twelve (12) hour correctional activities.
Employees working a modified 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 hour 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 hour
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 at the level of the post in question.
PROCESS FOR APPROVING SCHEDULE AND SCHEDULE CHANGES
Prior to any 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 schedules. The national committee will confirm
that the above principles have been adhered to and reflected in the schedules.
If the schedules do not reflect the principles then the schedule submitted
shall not be certified for implementation and referred back to the local for
further changes/amendments.
Once a 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 (e.g. number of approved posts, hours of operations for posts,
classification or type of posts for deployment purposes), the 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 schedules
in effect in an institution to ensure continued compliance with the above
principles.
COMMITTEE COMPOSITION
National Committee:
- two (2) employer representatives
- two (2) union representatives.
Institutional Committees- a minimum of:
- one (1) employer representative
- one (1) union representative.
GENERAL
- This Memorandum of Understanding cancels and replaces the Memorandum of
Understanding entered into between the Treasury Board and the Public Service of
Alliance of Canada on June 9, 1978.
- This Memorandum of Understanding shall remain in effect until amended or
cancelled by mutual consent of the parties.
- This Memorandum of Understanding supersedes the Regulations respecting
Pay on Reclassification or Conversion where the Regulations are inconsistent
with the Memorandum of Understanding.
- Where the provisions of any collective agreement differ from those set
out in the Memorandum of Understanding, the conditions set out in the
Memorandum of Understanding shall prevail.
- This Memorandum of Understanding will form part of all collective
agreements to which the Public Service Alliance of Canada and Treasury Board
are parties, with effect from December 13, 1981.
PART I
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.
- Prior to a position being reclassified to a group and/or level having a
lower attainable maximum rate of pay, the incumbent shall be notified in
writing.
- Downward reclassification notwithstanding, an encumbered position shall
be deemed to have retained for all purposes the former group and level. In
respect to the pay of the incumbent, this may be cited as Salary Protection
Status and subject to Section 3(b) below shall apply until the position is
vacated or the attainable maximum of the reclassified level, as revised from
time to time, becomes greater than that applicable, as revised from time to
time, to the former classification level. Determination of the attainable
maxima rates of pay shall be in accordance with the Retroactive Remuneration
Regulations.
-
- The Employer will make a reasonable effort to transfer the incumbent to
a position having a level equivalent to that of the former group and/or level
of the position.
- In the event that an incumbent declines an offer of transfer to a
position as in (a) above in the same geographic area, without good and
sufficient reason, that incumbent shall be immediately paid at the rate of pay
for the reclassified position.
- Employees subject to Section 3, will be considered to have transferred
(as defined in the Public Service Terms and Conditions of Employment
Regulations) for the purpose of determining increment dates and rates of pay.
PART II
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.
- An employee whose position has been downgraded prior to the
implementation of this memorandum and is being paid at a holding rate of pay on
the effective date of an economic increase and continues to be paid at that
rate on the date immediately prior to the effective date of a further economic
increase, shall receive a lump sum payment equal to 100% of the economic
increase for the employee's former group and level (or where a performance pay
plan applied to the incumbent, the adjustment to the attainable maximum rate of
pay) calculated on his annual rate of pay.
- An employee who is paid at a holding rate on the effective date of an
economic increase, but who is removed from that holding rate prior to the
effective date of a further economic increase by an amount less than he would
have received by the application of paragraph 1 of Part II, shall receive a
lump sum payment equal to the difference between the amount equal to the
difference between the amount calculated by the application of paragraph 1 of
Part II and any increase in pay resulting from his removal from the holding
rate.
SIGNED AT OTTAWA, this 9th day of the month of February 1982.