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34.01 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 15.0 of the NJC By-Laws.
34.02 The parties recognize the value of informal discussion between officers and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When the parties avail themselves of an informal conflict management system established pursuant to section 207 of the PSLRA, the time limits prescribed in the Article 34 Grievance Procedure are suspended until either party gives the other notice in writing to the contrary.
34.03 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.
34.04 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the officer and, where appropriate, the Union Representative.
34.05 Where the provisions of clauses 34.07, 34.24 or 34.38 cannot be complied with and 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 day 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 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.
34.06 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.
34.07 An officer who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit this grievance to the officer's immediate supervisor or local officer-in-charge who shall forthwith:
34.08 Presentation of grievance
34.09 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:
34.10 Representatives
34.11 An officer may be assisted and/or represented by the Union when presenting a grievance at any level. The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
34.12 An officer may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 34.07, not later than the twenty-fifth (25th) day after the date on which he is notified orally or in writing or on which he first becomes aware of the action or circumstances giving rise to grievance.
34.13 An officer may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:
34.14 The Employer shall normally reply to an officer's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.
34.15 Where an officer has been represented by the Union in the presentation of his grievance, the Employer will provide 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 officer.
34.16 Where a grievance has been presented up to and including the final level in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.
34.17 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 officer, and, where applicable, the Union.
34.18 Where the Employer demotes or terminates an officer 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 may be presented at the final level only,
34.19 An officer may by written notice to his immediate supervisor or officer-in-charge withdraw a grievance.
34.20 Any officer 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, due to circumstances beyond his control, he was unable to comply with the prescribed time limits.
34.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an officer to abandon his grievance or refrain from exercising his right to present a grievance, as provided in this Collective Agreement.
34.22 Reference to Adjudication
34.23 Before referring an individual grievance related to matters referred to in paragraph 34.22(1)(a), the officer must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings.
34.24 The Union may present a grievance at any prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:
34.25 Presentation of Group Grievance
34.26 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:
34.27 The Employer shall designate a representative at each level in the grievance procedure and shall inform the Union of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented. The employer shall notify the Union of this information.
34.28 The Union shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
34.29 The Union may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 34.24, no later than the twenty-fifth (25th) day after the earlier of the day on which the aggrieved officers received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.
34.30 The Union may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:
34.31 The Employer shall normally reply to the Union's grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.
34.32 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 Union.
34.33 The Union may by written notice to officer-in-charge withdraw a grievance.
34.34 Opting out of a group Grievance
34.35 The Union failing to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond its control, it was unable to comply with the prescribed time limits.
34.36 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Union to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.
34.37 Reference to Adjudication
34.38 The Employer and the Union may present a grievance at the prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:
34.39 Presentation of Policy Grievance
34.40 Neither the Employer nor the Union may present a grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act.
34.41 There shall be no more than one (1) level in the grievance procedure.
34.42 The Employer and the Union shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in charge to whom a grievance is to be presented.
34.43 The Employer and the Union may present a grievance in the manner prescribed in clause 34.38, 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.
34.44 The Employer and the Union shall normally reply to the grievance within sixty (60) days when the grievance is presented.
34.45 The Employer or the Union, as the case may be, may by written notice to officer-in-charge abandon a grievance.
34.46 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Employer or the Union to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this Collective Agreement.
34.47 Reference to Adjudication
34.48 The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:
35.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussions aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.
35.02 Within five (5) days of notification of consultation served by either party, the Union shall notify the Employer in writing of the representative authorized to act on behalf of the Union for consultation purposes.
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35.03 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 provisions of collective agreements, the following subjects, as they affect officers covered by this Agreement, shall be regarded as appropriate subjects of consultation involving the Employer and the Union during the term of this Agreement:
35.04 With respect to the subjects listed in clause 35.03, the Employer agrees that new policies will not be introduced and existing regulations or directives will not be cancelled or amended by the Treasury Board in such a way as to affect officers covered by this Agreement until such time as the Union has been given a reasonable opportunity to consider and to consult on the Employer's proposals.
35.05 Wherever possible, the Employer shall consult with representatives of the Union at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.
35.06 To facilitate discussions on matters of mutual interest outside the terms of the collective agreement the Employer will recognize a National Radio Operations Group Committee and Regional Radio Operations Group Committees of the Union for the purpose of consulting with management. Representation at such meetings will be limited to three (3) representatives from each party.
35.07 Meetings of these Committees will be held on the Employer's premises.
35.08 Consultation may take place for the purpose of providing information, discussing the application of policy or airing problems to promote understanding, but it is expressly understood that no commitment may be made by either party on the subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.
36.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the public service of officers who would otherwise become redundant because work is contracted out.
37.01 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 Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in article 113 of the PSLRA.
37.02 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 Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
38.01 When a formal review of an officer's performance is made, the officer concerned shall be given an opportunity to discuss and then sign the review form in question to indicate that its contents have been read and understood. Upon written request, a copy of the completed review form will be provided to the officer.
38.02 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an officer, the existence of which the officer was not aware at the time of filing, or within a reasonable period thereafter.
38.03 Notice of disciplinary action which may have been placed on the personnel file of an officer 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.
38.04 Upon written request of an officer, the personnel file of that officer may be made available at least once per year for his examination in the presence of an authorized representative of the Employer.
39.01 Where practicable, advance notice of a change in posting or a transfer from an officer's headquarters area as defined by the Employer, shall be given to an officer. Such notice shall not normally be less than two (2) months.
40.01 Upon written request, an officer shall be entitled to a complete and current statement of the duties and responsibilities of his position including the position's classification level and point rating allotted by factor.
41.01 This Agreement may be amended by mutual consent.
42.01 When an RO-1, RO-2, RO-3 or RO-4 officer in an operating station is assigned to provide on-the-job training to an RO officer who has not yet qualified to operate at that station, the trainer shall be entitled to receive three dollars ($3.00) for each complete hour during which he provides such training.
43.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an officer 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.
44.01 Part-time officer means a person whose normal hours of work are less than those established in the Hours of Work article of this Agreement, but not less than those prescribed in the Public Service Labour Relations Act.
44.02 Part-time officers shall be entitled to the benefits provided under this Agreement in the same proportion as their normal weekly hours of work compare with the normal weekly hours of work, specified by this Agreement, of full-time officers unless otherwise specified in this Agreement.
44.03 Part-time officers 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 Agreement for a full-time officer.
44.04 The days of rest provisions of this agreement apply only in a week when a part-time officer has worked five (5) days and the weekly hours specified by this Agreement.
44.05 Leave will only be provided:
44.06 A part-time officer shall not be paid for the designated holidays but shall, instead be paid four decimal two five per cent (4.25%) for all straight-time hours worked.
44.07 When a part-time officer is required to work on a day which is prescribed as a designated paid holiday for a full-time officer in clause 20.01 of this Agreement, the officer 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 time (2) thereafter.
44.08 A part-time officer who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time officer in clause 20.01 of this Agreement, shall be paid for the time actually worked in accordance with clause 44.07, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.
44.09 Overtime means authorized work performed in excess of the normal daily or weekly hours of work, specified by this Agreement, of a full-time officer, but does not include time worked on a holiday.
44.10 Subject to 44.09 a part-time officer who is required to work overtime shall be paid overtime as specified by this Agreement.
44.11 When a part-time officer 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 officer shall be paid a minimum payment of four (4) hours pay at the straight-time rate.
44.12 Subject to 44.04, when a part-time officer meets the requirements to receive reporting pay on a day of rest, in accordance with clause 25.01 of this Agreement, and is entitled to receive a minimum payment rather than pay for actual time worked, the part-time officer shall be paid a minimum payment of four (4) hours pay at the straight-time rate of pay.
44.13 Notwithstanding clause 44.02, there shall be no prorating of a "day" in clause 19.02 - Bereavement Leave With Pay.
44.14 A part-time officer shall earn vacation leave credits for each month in which the officer receives pay for at least twice (2) the number of hours in the officer's normal workweek, at the rate for years of service established in the vacation leave entitlement clause 29.02 specified by this Agreement, prorated and calculated as follows:
44.15 A part-time officer shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an officer's normal workweek for each calendar month in which the officer has received pay for at least twice (2) the number of hours in the officer's normal workweek.
44.16 Vacation and Sick Leave Administration
44.17 Notwithstanding the provisions of Article 27, 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.
45.01 It is recognized that certain full-time indeterminate officers whose hours of work are regularly scheduled on a shift basis in accordance with clause 21.03 or Appendix "E" of this Agreement and who receive Shift Premium in accordance with clause 23.0l, are required to attend certain proceedings under this collective agreement as identified in clause 45.01(a) and certain other proceedings identified in clause 45.01(b) of this article which normally take place between the hours of 9 a.m. to 5 p.m. from Monday to Friday inclusive.
When such an officer is scheduled to work on the day of that proceeding and when the proceeding is not scheduled during the officer's scheduled shift for that day and when the majority of the hours of the officer's scheduled shift on that day do not fall between the hours of 9 a.m. to 5 p.m. upon written application by the officer, the Employer shall endeavour, where possible, to change the officer's shift on the day of the proceeding so that the majority of the hours fall between 9 a.m. to 5 p.m. provided that operational requirements are met, there is no increase in cost to the Employer and sufficient advance notice is given by the officer.
46.01 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date it is signed.
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46.02 This Agreement shall expire on April 30, 2011.
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46.03The provisions of this collective agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date of signing.
Signed at Ottawa, this 25th day of the month of June 2009.
Hélène Laurendeau
Guy Lauzé
Steven Troy
Michel Desparois
Jean Guèvremont
Robert Temple
Laudalina Santos
Chantal Hamilton
Martin Grégoire
Joel Fournier
Robert Booth
Andrew Martin
Richard Cartin
Larry Le Blanc
Eric Leukert