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1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the officers and the Union, to set forth certain terms and conditions of employment relating to remuneration, hours of work, officer benefits and general working conditions affecting officers covered by this Agreement and to ensure that all reasonable measures are provided for the safety and occupational health of the officers.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of Canada and to promote the well-being and increased productivity of its officers to the end that the people of Canada will be well and efficiently served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the public service in which members of the bargaining unit are employed.
2.01 For the purpose of this Agreement:
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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, officers
and the Employer.
4.01 Both English and French texts of this Agreement are official.
5.01 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.
6.01 In the event that any law passed by Parliament, applying to public servants 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.
7.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the public service.
8.01 The Employer recognizes the Union as the exclusive bargaining agent for all officers described in the certificate issued by the Public Service Labour Relations Board on the 12th day of February, 2001, covering officers of the Radio Operations Group.
9.01 The Employer acknowledges the right of the Union to appoint officers as Representatives.
9.02 The Employer and the Union shall determine the jurisdiction of each Representative having regard to the plan of organization, the distribution of officers at the workplace and the administrative structure implied by the grievance procedure.
9.03 The Union shall notify the Employer promptly and in writing of the names of its Representatives. It is mutually understood that the Union may delegate this responsibility.
9.04 A Representative shall obtain the permission of his immediate supervisor before leaving his work to investigate with fellow officers 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 supervisor before resuming his normal duties.
9.05 When an officer is required to attend a meeting the purpose of which is to render a disciplinary decision concerning him or her, the officer shall be informed that he or she is entitled to have an authorized representative of the Union attend the meeting. The unavailability of an authorized representative will not delay the meeting more than twenty-four (24) hours from the time of notification to the officer. The authorized representative's attendance can be satisfied by telephone communication.
9.06 At any administrative inquiry, hearing or investigation conducted by the Employer into an operating irregularity, where the actions of a Marine Communication and Traffic Services Officer (MCTSO) may have had a bearing on the events or circumstances leading thereto, and the officer is required to appear at the administrative inquiry, hearing or investigation being conducted into such irregularity, he or she shall be informed that he or she is entitled to be accompanied by an authorized representative of the Union. The unavailability of the authorized representative will not delay the inquiry, hearing or investigation more than twenty-four (24) hours from the time of notification to the officer.
10.01 The parties have agreed that in cases where as a result of technological change the services of an officer are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the National Joint Council Work Force Adjustment agreement concluded by the parties will apply. In all other cases the following clauses will apply.
10.02 In this article "Technological Change" means:
10.03 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 officers which might result from such changes.
10.04 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 officers.
10.05 The written notice provided for in clause 10.04 will provide the following information:
10.06 As soon as reasonably practicable after notice is given under clause 10.04, the Employer shall consult with the Union concerning the effects of the technological change referred to in clause 10.04 on RO bargaining unit officers. Such consultation will include but not necessarily be limited to the following:
10.07 When, as a result of technological change, the Employer determines that an officer requires new skills or knowledge in order to perform the duties of his substantive position, the Employer will make every reasonable effort to provide the necessary training during the officer's working hours and at no cost to the officer.
11.01 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 officers in the bargaining unit. Where an officer 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.
11.02 The Union shall inform the Employer in advance in writing of the authorized monthly deduction to be checked off for each officer.
11.03 For the purpose of applying clause 11.01, deductions from pay for each officer in respect of each calendar month will start with the first full calendar month of employment to the extent that earnings are available.
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11.04 An officer who satisfies the Union as to the bona fides of his or her claim and 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 officer is countersigned by an official representative of the religious organization involved. The Union will inform the Employer accordingly.
11.05 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 officers in the bargaining unit.
11.06 The amounts deducted in accordance with clause 11.01 shall normally be remitted to Treasurer of the Union (by cheque) by the fifteenth (15th) day of the calendar month following the month in which union dues were deducted, and shall be accompanied by particulars identifying each officer and deductions on his or her behalf.
11.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.
11.08 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.
12.01 The Employer will provide the Union with the following information on a twice yearly basis pertaining to all officers in the radio operations bargaining unit:
13.01 The Employer agrees to supply each officer with a copy
of the
collective agreement.
14.01 An accredited representative of the Union may be permitted access to the Employer's premises 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.
14.02 The Employer may permit the Union to use the Employer's premises outside the working hours of the officers for conducting meetings of their members, where refusal to grant permission would make it difficult for the Union to convene a meeting. The Union shall insure the orderly and proper conduct of the members who attend such meetings and agrees to be responsible for leaving facilities in good order after use.
14.03 Reasonable space on bulletin boards will be made available to the Union for the posting of official Union notices in convenient locations as determined by the Employer. Notices or other material shall require the prior approval of the Employer, except notices of meetings of their members and elections of the Union representatives, the names of the Union representatives and social and recreational events.
14.04 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.
14.05 Subject to the Employer's Policies on acceptable use of electronic networks and where the equipment is available, officers shall be allowed access to a computer at the workplace to access CAW web sites provided that it does not interfere with the performance of their duties.
15.01 An officer is entitled, once in each fiscal year, to be informed upon request, of the balance of his vacation and sick leave credits.
15.02 The amount of leave with pay credited to an officer by the Employer at the time when this Agreement is signed, or at the time when he becomes subject to this Agreement, shall be retained by the officer.
15.03 An officer shall not be granted two (2) different types of leave with pay in respect of the same period of time.
15.04 When an officer who is in receipt of a special duty allowance or an extra duty allowance is granted leave with pay, he is entitled during his period of leave to receive the allowance if the special or extra duties in respect of which he is paid the allowance were assigned to him on a continuing basis, or for a period of two (2) or more months prior to the period of leave.
15.05 An officer is not entitled to leave with pay during periods he is on leave without pay, on educational leave or under suspension.
15.06 When an officer becomes subject to this Agreement, the accrued leave credits shall be converted from days to hours. When this Agreement ceases to apply to an officer, the accrued leave credits shall be converted from hours to days on the basis that seven decimal five (7.5) hours equals one (1) day.
15.07 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 officer would normally have been scheduled to work on that day.
16.01 The vacation year shall be from April 1st to March 31st of the following calendar year, inclusive.
16.02 An officer shall earn vacation leave credits at the following rate for each calendar month during which he receives pay for at least seventy-five (75) hours:
16.03 An officer is entitled to vacation leave with pay to the extent of his earned credits but an officer who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.
16.04 An officer shall take vacation leave on the basis of the schedule he is working. In scheduling vacation leave with pay to an officer the Employer shall, subject to the operational requirements of the service, make every reasonable effort:
16.05 The Employer shall give an officer as much notice as is practicable and reasonable of approval, denial or cancellation of a request for leave. In the case of denial, alteration or cancellation of such leave, the Employer shall give the written reason therefore, upon written request from the officer.
16.06 Where in respect of any period of vacation leave, an officer is granted:
the period of vacation leave so displaced shall either be added to the vacation period, if requested by the officer and approved by the Employer, or reinstated for use at a later date.
16.07 Where in any vacation year an officer has not been granted all of the vacation leave with pay credited to him, the unused portion of his vacation leave shall be carried over into the following vacation year. In cases where vacation credits from the previous vacation year have not been fully utilized by the end of the next vacation year any outstanding carry-over vacation credits will be paid off in an amount equal to the product obtained by multiplying the number of hours of such excess vacation leave credits by the officer's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his substantive position on the last day of the vacation year.
16.08
16.09 When an officer dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave with pay to his credit by the hourly rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his employment, except that the Employer shall grant the officer any vacation leave earned but not used by him before the employment is terminated by lay-off if the officer so requests because of a requirement to meet minimum continuous employment requirements for severance pay.
16.10 In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover from any monies owed the officer an amount equivalent to unearned vacation leave taken by the officer, as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his employment.
16.11 Notwithstanding clause 16.09 an officer whose employment is terminated by reason of a declaration that he abandoned his position is entitled to receive the payment referred to in clause 16.09, if he requests it within six (6) months following the date upon which his employment is terminated.
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16.12 When the Employer cancels or alters a period of vacation leave which it has previously approved in writing, the Employer shall reimburse the officer for the non-returnable portion of vacation contracts and reservations made by the officer in respect of that period, subject to the presentation of such documentation as the Employer may require. The officer must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.
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16.13
17.01
17.02 An officer is eligible for sick leave with pay when he is unable to perform his duties because of illness or injury provided that:
17.03 Unless otherwise informed by the Employer, a statement signed by the officer stating that because of illness or injury he was unable to perform his duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 17.02(a).
17.04 Where an officer has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 17.02, sick leave with pay may, at the discretion of the Employer, be granted:
subject to the deduction of such advanced leave from any sick leave credits subsequently earned and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the officer.
17.05 When an officer 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 officer was not granted sick leave with pay.
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18.01 When operational requirements permit, pursuant to section 190(1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA, the Employer will grant leave with pay:
18.02 When operational requirements permit, the Employer will grant leave without pay:
18.03 The Employer will grant leave with pay:
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18.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of officers representing the Union before an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process.
18.05 The Employer will grant leave with pay to an officer called as witness by an Arbitration Board, Public Interest Commission or Alternate Dispute Resolution Process and, when operational requirements permit, leave with pay to an officer called as a witness by the Union.
18.06 When operational requirements permit, the Employer will grant leave with pay to an officer who is:
18.07 When operational requirements permit, the Employer will grant to an officer:
18.08 When an officer wishes to represent, at a meeting with the Employer, an officer who has presented a grievance, the Employer will arrange the meeting having regard to operational requirements, and will grant leave with pay to the representative when the meeting is held in his headquarters area and leave without pay when the meeting is held outside his headquarters area.
18.09 Where an officer has asked or is obliged to be represented by the Union in relation to the presentation of a grievance and an officer acting on behalf of the Union wishes to discuss the grievance with that officer, the officer and the representative of the officer will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in his headquarters area and reasonable leave without pay when it takes place outside his headquarters area.
18.10 When operational requirements permit, the Employer will grant leave without pay to an officer for the purpose of attending contract negotiation meetings on behalf of the Union.
18.11 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of officers to attend preparatory contract negotiation meetings.
18.12 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of officers who are meeting with management on behalf of the Union.
18.13 Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of Officers to attend meetings of the Board of Directors of the Union, Union Conventions, meetings of the National Union, meetings of the Canadian Labour Congress and the Municipal, Territorial and Provincial Federations of Labour.
18.14 When operational requirements permit, the Employer will grant leave without pay to officers who exercise the authority of a Representative on behalf of the Union to undertake training related to the duties of a Representative. The Employer shall be given a minimum of fifteen (15) days notice of the commencement of such training course.
18.15 When operational requirements permit, the Employer will grant leave of absence without pay to an officer elected to a full-time office of the Union. The duration of such leave shall be for the period the officer holds such office.
18.16 Where operational requirements, as determined by the Employer, permit, the Employer will grant leave of absence without pay for a specified period, to an officer appointed by the Union to handle business on behalf of the Union.
18.17 Leave with or without pay for purposes described in this article shall be requested in writing to the Employer as far in advance as possible of the date leave is to commence, but normally not less than fifteen (15) calendar days in advance.