Submission of the Treasury Board to the Public Interest Commission in Respect of the Program and Administrative Services (PA) Group

Administrative and Foreign Services Group

Scientific and Professional Group

Administrative Support Group

Operation Group

“Public Service Labour Relations Act“ with “Federal Public Sector Labour Relations Act”; and

“Federal Public Service Labour Relations Board” with “Federal Public Sector Labour Relations and Employment Board.”

In order to achieve settlement, the Employer proposes the following:

12.03 A duly accredited representative of the Alliance 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. Such permission shall not be unreasonably withheld. In the case of access to vessels, the Alliance 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.

13.04

1. A representative shall obtain be granted 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.

(New)

14.15 Leave without pay, recoverable by the Employer, shall be granted for any other union business validated by the Alliance with an event letter.

(New)

14.17 Leave without pay for election to an Alliance office

The Employer will grant leave without pay to an employee who is elected as an official of the Alliance within one month after notice is given to the Employer of such election. The duration of such leave shall be for the period the employee holds such office.

Change title to: harassment and abuse of authority

20.01

The Alliance and the Employer recognize the right of employees to work in an environment free from sexual harassment and abuse of authority and agree that sexual harassment, abuse of authority will not be tolerated in the workplace.

(New)

20.02 Definitions:

1. Harassment, violence or bullying includes any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation, or other physical or psychological injury, or illness to an employee, including any prescribed action, conduct or comment.
2. Abuse of authority occurs when an individual uses the power and authority inherent in his/her position to endanger an employee’s job, undermines the employee’s ability to perform that job, threatens the economic livelihood of that employee or in any way interferes with or influences the career of the employee. It may include intimidation, threats, blackmail or coercion.

(Renumber accordingly)

20.02 20.03

1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
2. If, by reason of paragraph (a), a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

20.04 20.05

Upon request by the complainant(s) and/or respondent(s), an official copy of the investigation report shall be provided to them by the Employer, subject to the Access to Information Act and Privacy Act.

(New)

20.06

1. No Employee against whom an allegation of discrimination or harassment has been made shall be subject to any disciplinary measure before the completion of any investigation into the matter, but may be subject to other interim measures where necessary.
2. If at the conclusion of any investigation, an allegation of misconduct under this article is found to be unwarranted, all records related to the allegation and investigation shall be removed from the employee’s file.

(New)

Appendix “XX”

Memorandum of Understanding between the Treasury Board of Canada and the Public Service Alliance of Canada with respect to Workplace Harassment

This memorandum is to give effect to the agreement reached between the Treasury Board and the Public Service Alliance of Canada (the Alliance).

Both parties share the objective of creating healthy work environments that are free from harassment and violence. In the context of the passage of Bill C-65, An Act to amend the Canada Labour Code by the Government of Canada, as well as the Clerk of the Privy Council’s initiative to take action to eliminate workplace harassment, the Treasury Board is developing a new directive covering both harassment and violence situations.

During this process, the Treasury Board will consult with the members of National Joint Council (NJC) on the following:

• mechanisms to guide and support employees through the harassment resolution process;
• redress for the detrimental impacts on an employee resulting from an incident of harassment; and
• ensuring that employees can report harassment without fear of reprisal.

Should the Alliance request, the Employer would, in addition to the NJC consultations, agree to bilateral discussions with the Alliance. Following such discussions, a report will be provided to the NJC.

The implementation and application of this directive do not fall within the purview of this MOU or the collective agreement.

This memorandum expires upon issuance of the new directive or (expiry of the collective agreement), whichever comes first.

24.02 In this article, “technological change” means:

1. the introduction by the Employer of equipment or material, systems or software of a different nature than that previously utilized,and
2. a change in the Employer’s operation directly related to the introduction of that equipment or material, systems or software.

24.05 The written notice provided for in clause 24.04 will provide the following information:

1. the nature and degree of the technological change;
2. the date or dates on which the Employer proposes to effect the technological change;
3. the location or locations involved;
4. the approximate number and type of employees likely to be affected by the technological change;
5. the effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.
6. The business case and all other documentation that demonstrates the need for the technological change and the complete formal and documented risk assessment that was undertaken as the change pertains to the employees directly impacted, all employees who may be impacted and to the citizens of Canada if applicable, and any mitigation options that have been considered.

30.02 Subject to clause 30.03, the following days shall be designated paid holidays for employees:

1. New Year’s Day;
2. Good Friday;
3. Easter Monday;
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday;
5. National Indigenous Peoples Day
6. (e) Canada Day;
7. (f) Labour Day;
8. (g) the day fixed by proclamation of the Governor in Council as a general day of thanksgiving;
9. (h) Remembrance Day;
10. (i) Christmas Day;
11. (j) Boxing Day;
12. (k) two (2) one additional days in each year that, in the opinion of the Employer, is are recognized to be a provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such additional day is days are recognized as a provincial or civic holiday, the third Monday in February and the first (1st) Monday in August;
13. (l) one additional day when proclaimed by an act of Parliament as a national holiday.

30.08

1. When an employee works on a holiday, he or she shall be paid double (2) time and time and one half (1 1/2) for all hours worked up to seven decimal five (7.5) hours and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday; or
2. upon request and with the approval of the Employer, the employee may be granted:
   1. a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday; and
   2. pay at double (2) time one and one half (1 1/2) times the straight-time rate of pay for all hours worked up to seven decimal five (7.5) hours; and
   3. pay at two (2) times the straight-time rate of pay for all hours worked by him or her on the holiday in excess of seven decimal five (7.5) hours.

30.02 Subject to clause 30.03, the following days shall be designated paid holidays for employees:

1. New Year’s Day;
2. Good Friday;
3. Easter Monday;
4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign’s birthday;
5. Canada Day;
6. Labour Day;
7. the day fixed by proclamation of the Governor in Council as a general day of thanksgiving;
8. Remembrance Day;
9. Christmas Day;
10. Boxing Day;
11. one additional day in each year that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in the area in which the employee is employed or, in any area where, in the opinion of the Employer, no such additional day is recognized as a provincial or civic holiday, the first (1st) Monday in August;
12. one additional day when proclaimed by an act of Parliament as a national holiday.

For greater certainty, employees who do not work on a designated paid holiday are entitled to seven decimal five (7.5) hour pay at the straight-time rate.

• a. nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee’s eighth (8th) fifth (5th) year of service occurs;
• b. twelve decimal five (12.5) hours commencing with the month in which the employee’s eighth (8th) fifth (5th) anniversary of service occurs;
• c. thirteen decimal seven five (13.75) hours commencing with the month in which the employee’s sixteenth (16th) anniversary of service occurs;
• d. fourteen decimal four (14.4) hours commencing with the month in which the employee’s seventeenth (17th) anniversary of service occurs;
• c. fifteen decimal six two five (15.625) hours commencing with the month in which the employee’s eighteenth (18th) tenth (10) anniversary of service occurs;
• e. sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee’s twenty-seventh (27th) anniversary of service occurs;
• d. eighteen decimal seven five (18.75) hours commencing with the month in which the employee’s twenty-eighth (28th) twenty-third (23rd) anniversary of service occurs.;

40.01 Parental leave without pay

1. Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for either:
   1. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard period), or
   2. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended period, in relation to the Employment Insurance parental benefits),

   beginning on the day on which the child is born or the day on which the child comes into the employee’s care.

2. Notwithstanding 44.01(a)(i) or (ii) where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted shared parental leave without pay or paternity leave without pay for either:
   1. a single period of up to five (5) consecutive weeks in the fifty-seven (57) week period (standard period), or
   2. a single period of up to eight (8) consecutive weeks in the eighty-six (86) week period (extended period, in relation to the Employment Insurance parental benefits),

   beginning on the day on which the child is born or the day on which the child comes into the employee’s care.

3. Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for either:
   1. a single period of up to thirty- seven (37) consecutive weeks in the fifty-two (52) week period (standard period), or
   2. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended period, in relation to the Employment Insurance parental benefits),

   beginning on the day on which the child comes into the employee’s care.

4. Notwithstanding 40.01(c)(i) or (ii) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted shared parental leave without pay for either:
   1. a single period of up to five (5) consecutive weeks in the fifty-seven (57) week period (standard period), or
   2. a single period of up to eight (8) consecutive weeks in the eighty-six (86) week period (extended period, in relation to the Employment Insurance parental benefits),
5. Notwithstanding paragraphs (a) and (bc ) above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (bc) above may be taken in two periods.
6. Notwithstanding paragraphs (a), (b), (c) and (bd):
   1. where the employee’s child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,or
   2. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her child is hospitalized,

   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 while 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.

7. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before the commencement date of such leave.
8. The Employer may:
   1. defer the commencement of parental leave without pay at the request of the employee;
   2. grant the employee parental leave without pay with less than four (4) weeks’ notice;
   3. require an employee to submit a birth certificate or proof of adoption of the child.
9. Leave granted under this clause shall count for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

40.02 Parental allowance

The parental allowance is payable under two options either 1) over a standard period in relation to the Employment Insurance parental benefits or Quebec Parental Insurance Plan or 2) over an extended period, in relation to the Employment Insurance parental benefits.

Once an employee opts for standard or extended parental leave, the decision is irrevocable. Once the standard or extended parental leave weekly top up allowance is set, it shall not be changed should the employee opt to return to work at an earlier date than that originally scheduled.

1. An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (ij), or (m) to (t) providing he or she:
   1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
   2. provides the Employer with proof that he or she has applied for and is in receipt of parental, shared parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer,and
   3. has signed an agreement with the Employer stating that:
      1. the employee will return to work on the expiry date of his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
      2. Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 38.02(a)(iii)(B), if applicable;

      3. should he or she fail to return to work for the Employer, Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:

         

         however, an employee whose specified period of employment expired and who is rehired in any portion of the core public administration as specified in the Public Service Labour Relations Act Federal Public Sector Labour Relations Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

Option 1

Standard parental allowance:

3. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
   1. where an employee on parental leave without pay as described in 40.01(a)(i) and (b)(i), has chosen to receive Standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
   2. for each week the employee receives parental, or adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, or adoption or paternity benefits, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit to which he or she would have been eligible if no extra monies had been earned during this period;
   3. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period;
   4. where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 38.02(c)(iii) for the same child.
4. Standard Shared Parental Benefit payments or Standard Paternity Benefits made in accordance with the SUB Plan will consist of the following:
   1. for each week the employee receives shared parental benefits under the Employment Insurance or paternity benefits under the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the shared parental benefits or paternity benefits, less any other monies earned during this period which may result in a decrease in his or her shared parental benefits or paternity benefits to which he or she would have been eligible if no extra monies had been earned during this period;
5. At the employee’s request, the payment referred to in subparagraph 40.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan parental benefits.
6. The parental allowance to which an employee is entitled is limited to that provided in paragraphs (c) and (d) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
7. The weekly rate of pay referred to in paragraphs (c) and (d) shall be:
   1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of parental or shared parental or paternity leave without pay;
   2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of parental or shared parental or paternity leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
8. The weekly rate of pay referred to in paragraph (f) (g) shall be the rate to which the employee is entitled for the substantive level to which he or she is appointed.
9. Notwithstanding paragraph (g) (h), and subject to subparagraph (fg)(ii), if on the day immediately preceding the commencement of parental or shared parental or paternity leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
10. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental shared parental or paternity allowance while in receipt of parental shared parental or paternity allowance, the allowance shall be adjusted accordingly.
11. Parental, shared parental or paternity allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

12. Under option 1, the maximum combined shared, maternity, and parental, shared parental and paternity allowances payable under this collective agreement shall not exceed fifty-seven two (52) (57) weeks for each combined maternity, and parental, shared parental and paternity leave without pay.

(New)

Option 2

Extended parental allowance:

13. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an employee on parental leave without pay as described in 40.01(a)(ii) and (b)(ii), has chosen to receive Extended Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his or her weekly rate of pay for the waiting period, less any other monies earned during this period;
    2. for each week the employee receives parental or adoption benefits under the Employment Insurance, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption benefit to which he or she would have been eligible if no extra monies had been earned during this period;
14. Extended Shared Parental Benefit payments made in accordance with the SUB Plan will consist of the following:
    1. for each week the employee receives shared parental benefits under the Employment Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the shared parental benefits, less any other monies earned during this period which may result in a decrease in his or her shared parental benefits to which he or she would have been eligible if no extra monies had been earned during this period;
15. At the employee’s request, the payment referred to in subparagraph 40.02(m)(i) and 40.02 (n)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance.
16. The parental allowance to which an employee is entitled is limited to that provided in paragraph (m) and (n) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.
17. The weekly rate of pay referred to in paragraphs (m) and (n) shall be:
    1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of parental or shared parental leave without pay;
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of parental or shared parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
18. The weekly rate of pay referred to in paragraphs (m) and (n) shall be the rate to which the employee is entitled for the substantive level to which he or she is appointed.
19. Notwithstanding paragraph (r), and subject to subparagraph (q)(ii), if on the day immediately preceding the commencement of parental or shared parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
20. Where an employee becomes eligible for a pay increment or pay revision while in receipt of the parental or shared parental allowance, the parental or shared parental allowance shall be adjusted accordingly.
21. Parental or shared parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.
22. Under option 2, the maximum combined, maternity, parental and shared parental allowances payable under this collective agreement shall not exceed eighty-six (86) weeks for each combined maternity, parental and shared parental leave without pay.

In order to achieve settlement, the Employer proposes the following:

38.02 Maternity allowance

1. An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), provided that she:
   1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
   2. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
   3. has signed an agreement with the Employer stating that:
      1. she will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
      2. following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance;

      3. should she fail to return to work for the Employer, Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:

         $(\text{allowance}\text{received})\times \frac{(\text{remaining}\text{period}\text{to}\text{be}\text{worked}\text{following}\text{her}\text{return}\text{to}\text{work})}{[\text{total}\text{period}\text{to}\text{be}\text{worked}\text{as}\text{specified}\text{(B)}]}$

         however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), in any portion of the core public administration as specified in the Public Service Labour Relations Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

40.01 Parental leave without pay

1. Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for either:
   1. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option), or
   2. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option),

   beginning on the day on which the child is born or the day on which the child comes into the employee’s care.

2. Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for either:
   1. a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period (standard option), or
   2. a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option),

   beginning on the day on which the child comes into the employee’s care.

3. Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two periods.
4. Notwithstanding paragraphs (a) and (b):
   1. where the employee’s child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay, or
   2. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her child is hospitalized,

   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 while 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.

5. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before the commencement date of such leave.
6. The Employer may:
   1. defer the commencement of parental leave without pay at the request of the employee;
   2. grant the employee parental leave without pay with less than four (4) weeks’ notice;
   3. require an employee to submit a birth certificate or proof of adoption of the child.
7. Leave granted under this clause shall count for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

40.02 Parental allowance

Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options, either:

• Option 1: standard parental benefits, 40.02 paragraphs (c) to (k), or
• Option 2: extended parental benefits, 40.02 paragraphs (l) to (t).

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

1. An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i) or (l) to (r), providing he or she:
   1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
   2. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan or the Québec Parental Insurance Plan in respect of insurable employment with the Employer,and
   3. has signed an agreement with the Employer stating that:
      1. the employee will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
      2. Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the standard parental allowance, in addition to the period of time referred to in section 38.02(a)(iii)(B), if applicable. Where the employee has elected the extended parental allowance, following his or her return to work, as described in section (A), the employee will work for a period equal to sixty per cent (60%) of the period the employee was in receipt of the extended parental allowance in addition to the period of time referred to in section 38.02(a)(iii)(B), if applicable.;

      3. should he or she fail to return to work for the Employer, Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:

         $(\text{allowance}\text{received})\times \frac{(\text{remaining}\text{period}\text{to}\text{be}\text{worked}\text{<!--strong-->as<!--/strong-->}\text{<!--strong-->specified<!--/strong-->}\text{<!--strong-->in<!--/strong-->}\text{<!--strong-->(B)<!--/strong-->}\text{following}\text{is}\text{or}\text{her}\text{return}\text{to}\text{work})}{[\text{total}\text{period}\text{to}\text{be}\text{worked}\text{as}\text{specified}\text{(B)}]}$

         however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), in any portion of the core public administration as specified in the Public Service Labour Relations Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).

Option 1 - Standard Parental Allowance:

3. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
   1. where an employee on parental leave without pay as described in 40.01(a)(i) and (b)(i), has elected to receive Standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
   2. for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit to which he or she would have been eligible if no extra monies had been earned during this period;
   3. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit or has divided the full thirty-two (32) weeks of parental benefits with another employee in receipt of the full five (5) weeks of paternity benefits under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, she that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of her their weekly rate of pay for each week, less any other monies earned during this period;
   4. where an employee has divided the full thirty-seven (37) weeks of adoption benefits with another employee under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay for each week, less any other monies earned during this period;
   5. where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 38.02(c)(iii) for the same child.
   6. where an employee has divided the full forty (40) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of their weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 38.02(c)(iii) and 40.02(c)(v) for the same child;
4. At the employee’s request, the payment referred to in subparagraph 40.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance Plan or Québec Parental Insurance Plan parental benefits.
5. The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Act Respecting Parental Insurance Parental Insurance Act in Quebec.
6. The weekly rate of pay referred to in paragraph (c) shall be:
   1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
   2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
7. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which he or she is appointed.
8. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
9. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance while in receipt of parental allowance, the allowance shall be adjusted accordingly.
10. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

11. The maximum combined, shared maternity and standard parental allowances payable under this collective agreement shall not exceed fifty-seven two (57 52) weeks for each combined maternity and parental leave without pay.

Option 2 - Extended Parental Allowance:

12. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an employee on parental leave without pay as described in 40.01(a)(ii) and (b)(ii), has elected to receive extended Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay for the waiting period, less any other monies earned during this period;
    2. for each week the employee receives parental benefits under the Employment Insurance, he or she is eligible to receive the difference between fifty-five decimal eight per cent (55.8%) of his or her weekly rate and the parental benefits, less any other monies earned during this period which may result in a decrease in his or her parental benefits to which he or she would have been eligible if no extra monies had been earned during this period;
    3. where an employee has received the full sixty-one (61) weeks of parental benefits under the Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 38.02(c)(iii) for the same child.
    4. where an employee has divided the full sixty-nine (69) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of their weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in 38.02(c)(iii) for the same child;
13. At the employee’s request, the payment referred to in subparagraph 40.02(l)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance.
14. The parental allowance to which an employee is entitled is limited to that provided in paragraph (l) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.
15. The weekly rate of pay referred to in paragraphs (l) shall be:
    1. for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of parental leave without pay;
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
16. The weekly rate of pay referred to in paragraph (l) shall be the rate to which the employee is entitled for the substantive level to which he or she is appointed.
17. Notwithstanding paragraph (p), and subject to subparagraph (o)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate, the employee was being paid on that day.
18. Where an employee becomes eligible for a pay increment or pay revision while in receipt of the allowance, the allowance shall be adjusted accordingly.
19. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.
20. The maximum combined, shared, maternity and extended parental allowances payable shall not exceed eighty-six (86) weeks for each combined maternity and parental leave without pay.

In order to achieve settlement, the Employer proposes the following:

42.01 Notwithstanding the definition of “family” found in clause 2.01 and notwithstanding paragraphs 41.02(b) and (d) above, an An employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) benefits for compassionate care benefits, family caregiver benefits for children and/or family caregiver benefits for adults may be granted leave for periods of less than three (3) weeks without pay while in receipt of or awaiting these benefits.

65.02 An employee is entitled to be paid bi-weekly period or bi-monthly, where applicable, for services rendered at:

1. the pay specified in Appendix A-1 for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee’s certificate of appointment; or
2. the pay specified in Appendix A-1 for the classification prescribed in the employee’s certificate of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

Should the employer fail to pay the employee as prescribed in (a) or (b) above on the specified pay date, the employer shall, in addition to the pay, award the employee the Bank of Canada daily compounded interest rate until the entirety of the employee pay issues have been resolved.

The Employer shall also reimburse the employee for all interest charges or any other financial penalties or losses or administrative fees accrued as a result of improper pay calculations or deductions, or any contravention of a pay obligation defined in this collective agreement.

65.07

1. 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 three (3) one (1) consecutive working days or shifts, 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.
2. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

65.X1

1. An employee who is required to act at a higher level shall receive an increment at the higher level after having reached fifty-two (52) weeks of cumulative service at the same level.
2. For the purpose of defining when employee will be entitled to go to the next salary increment of the acting position, “cumulative” means all periods of acting at the same level.

65.X2 Any NJC allowances an employee is in receipt of when the employee commences to act in a higher classification shall be maintained without interruption during the period the employee is acting.

(New)

Deduction rules for overpayments

Where an employee, through no fault of his or her own, has been overpaid in excess of fifty dollars ($50), the Employer is prohibited from making any unilateral or unauthorized deductions from an employee’s pay and:

1. no repayment shall begin until all the employee pay issues have been resolved;
2. repayment shall be calculated using the net amount of overpayment;
3. the repayment schedule shall not exceed ten per cent (10%) of the employee’s net pay each pay period until the entire amount is recovered. An employee may opt into a repayment schedule above ten per cent (10%);
4. in determining the repayment schedule, the employer shall take into consideration any admission of hardship created by the repayment schedule on the employee.

(New)

Emergency salary or benefit advances

On request, an employee shall be entitled to receive emergency salary, benefit advance and/or priority payment from the Employer when, due to no fault of the employee, the employee has been under paid as a result of improper pay calculations or deductions, or as a result of any contravention of any pay obligation defined in this agreement by the Employer. The emergency advance and/or priority payment shall be equivalent to the amount owed to the employee at the time of request and shall be distributed to the employee within two (2) days of the request. The receipt of an advance shall not place the employee in an overpayment situation. The employee shall be entitled to receive emergency advances as required until the entirety of the pay issue has been resolved.

No repayment shall begin until the all the employee pay issues have been resolved and:

1. repayment schedule shall not exceed ten per cent (10%) of the employee’s net pay each pay period until the entire amount is recovered. An employee may opt into a repayment schedule above ten per cent (10%);
2. in determining the repayment schedule, the employer shall take into consideration any admission of hardship created by the repayment schedule on the employee.

(New)

Accountant and financial management counselling

The Employer shall reimburse an employee all fees associated with the use of accounting and/or financial management services by an employee if the use of these services is required as a result of improper pay calculations and disbursements made by the Employer.

65.03

1. The rates of pay set forth in Appendix A-1 shall become effective on the dates specified.
2. Where the rates of pay set forth in Appendix A-1 have an effective date before the date of signing of this agreement, the following shall apply:
   1. “retroactive period” for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefor;
   2. a retroactive upward revision in rates of pay shall apply to employees, former employees or, in the case of death, the estates of former employees who were employees in the groups identified in Article 9 of this agreement during the retroactive period;
   3. for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;
   4. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;
   5. no payment or notification shall be made pursuant to paragraph 65.03(b) for one dollar ($1) or less.

• Changes to their working hours or shift patterns;
• Job redesign, changes to duties or reduced workload;
• Job transfer to another location or department or business line;
• A change to their telephone number, email address, or call screening to avoid harassing contact; and
• Any other appropriate measure including those available under existing provisions for family-friendly and flexible working arrangements.

Workplace Policy

XX.07 The Employer will develop a workplace policy on preventing and addressing domestic violence at the workplace. The policy will be made accessible to all employees and will be reviewed annually. Such policy shall explain the appropriate action to be taken in the event that an employee reports domestic violence or is perpetrating domestic violence, identify the process for reporting, risk assessments and safety planning, indicate available supports and protect employees’ confidentiality and privacy while ensuring workplace safety for all.

Workplace supports and training

XX.08 The Employer will provide awareness training on domestic violence and its impacts on the workplace to all employees.

53.03 Domestic violence leave

1. The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.
2. Upon request, an employee who is subject to domestic violence or who is the parent of a child who is subject to domestic violence shall be granted domestic violence leave in order to enable the employee, in respect of such violence:
   1. to seek care and/or support for themselves or their child in respect of a physical or psychological injury or disability;
   2. to obtain services from an organization which provides services for individuals who are subject to domestic violence;
   3. to obtain professional counselling;
   4. to relocate temporarily or permanently; or
   5. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.
3. The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) hours in a fiscal year.
4. The Employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.
5. Notwithstanding clauses 53.03(b) and 53.03(c), an employee is not entitled to domestic/family violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

53.03 Domestic violence leave

For the purposes of this article domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from someone with whom the employee has or had an intimate relationship.

1. The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.
2. Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence from someone with whom the employee has or had an intimate relationship shall be granted domestic violence leave in order to enable the employee, in respect of such violence:
   1. to seek care and/or support for themselves or their dependent child in respect of a physical or psychological injury or disability;
   2. to obtain services from an organization which provides services for individuals who are subject to domestic violence;
   3. to obtain professional counselling;
   4. to relocate temporarily or permanently; or
   5. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.
3. The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) hours in a fiscal year.
4. The Employer may, in writing and no later than fifteen (15) days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.
5. Notwithstanding paragraphs 53.03(b) to 53.03(c), an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

XX.04 The Employer shall consult with the Alliance before:

1. any steps are taken to contract out work currently performed by bargaining unit members;
2. any steps are taken to contract out future work which could be performed by bargaining unit members; and
3. prior to issuing any Request for Interest proposals.

Definitions

Amend the definition of affected employee

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 workforce adjustment situation or an employee affected by a relocation.

Amend the definition of alternation (housekeeping)

Alternation (échange de postes)

Occurs when an opting employee (not a surplus employee) or an employee with a twelve-month surplus priority period who wishes to remain in the core public administration exchanges positions with a non-affected employee (the alternate) willing to leave the core public administration with a transition support measure or with an education allowance.

Amend the definition of Education allowance

Education allowance (indemnité d’études)

Is one of the options provided to an indeterminate employee affected by normal workforce adjustment for whom the deputy head cannot guarantee a reasonable job offer. The education allowance is a cash payment equivalent to the transition support measure (see Annex B), plus a reimbursement of tuition from a recognized learning institution and book and mandatory equipment costs, up to a maximum of fifteen thousand dollars ($15,000) seventeen thousand dollars ($17,000).

Amend definition of GRJO (language redundant given 6.1.1)

Guarantee of a reasonable job offer (garantie d’une offre d’emploi raisonnable)

Is a guarantee of an offer of indeterminate employment within the core public administration provided by the deputy head to an indeterminate employee who is affected by workforce 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 that employment will be available in the core public administration. Surplus employees in receipt of this guarantee will not have access to the options available in Part VI of this Appendix.

Amend definition of reasonable job offer (redundant given new 1.1.19)

Reasonable job offer (offre d’emploi raisonnable)

Is an offer of indeterminate employment within the core public administration, normally at an equivalent level, but which 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 under type 1 and type 2 in Part VII of this appendix. A reasonable job offer is also an offer from a FAA Schedule V employer, providing that:

1. The appointment is at a rate of pay and an attainable salary maximum not less than the employee’s current salary and attainable maximum that would be in effect on the date of offer.
2. It is a seamless transfer of all employee benefits including a recognition of years of service for the definition of continuous employment and accrual of benefits, including the transfer of sick leave credits, severance pay and accumulated vacation leave credits.

Part 1: roles and responsibilities

1.1 Departments or organizations

(New)

1.1.7 (renumber current 1.1.7 ongoing)

1.1.7 When a deputy head determines that the indeterminate appointment of a term employee would result in a workforce adjustment situation, the deputy head shall communicate this to the employee within thirty (30) days of having made the decision, and to the union in accordance with the notification provisions in 2.1.5.

Deputy heads shall review the impact of workforce adjustment on no less than an annual basis to determine whether the conversion of term employees will no longer result in a workforce adjustment situation for indeterminate employees. If it will not, the suspension of the roll-over provisions shall be ended.

If an employee is still employed with the department more than three (3) years after the calculation of the cumulative working period for the purposes of converting an employee to indeterminate status is suspended the employee shall be made indeterminate or be subject to the obligations of the Workforce Adjustment appendix as if they were.

(New)

1.1.19 (renumber current 1.1.19 ongoing)

1.1.19

1. The employer shall make every reasonable effort to provide an employee with a reasonable job offer within a forty (40) kilometre radius of his or her work location.
2. In the event that reasonable job offers can be made within a forty (40) kilometre radius to some but not all surplus employees in a given work location, such reasonable job offers shall be made in order of years of service.
3. In the event that a reasonable job offer cannot be made within forty (40) kilometres, every reasonable effort shall be made to provide the employee with a reasonable job offer in the province or territory of his or her work location, prior to making an effort to provide the employee with a reasonable job offer in the public service.
4. In the event that reasonable job offers can be provided to some but not all surplus employees in a given province or territory, such reasonable job offers shall be made in order of years of service.
5. An employee who chooses not to accept a reasonable job offer which requires relocation to a work location which is more than sixteen (16) kilometres from his or her work location shall have access to the options contained in section 6.4 of this Appendix.

Part II: official notification

2.1 Department or organization

New 2.1.5 (renumber current 2.1.5 ongoing)

2.1.5 When a deputy head determines that specified term employment in the calculation of the cumulative working period for the purposes of converting an employee to indeterminate status shall be suspended to protect indeterminate employees in a workforce adjustment situation, the deputy head shall:

1. inform the PSAC or its designated representative, in writing, at least 30 days in advance of its decision to implement the suspension and the names, classification and locations of those employees and the date on which their term began, for whom the suspension applies. Such notification shall include the reasons why the suspension is still in place for each employee and what indeterminate positions that shall be subject to work force adjustment if it were not in place.
2. inform the PSAC or its designated representative, in writing, once every 12 months, but no longer than three (3) years after the suspension is enacted, of the names, classification, and locations of those employees and the date on which their term began, who are still employed and for which the suspension still applies. Such notification shall include the reasons why the suspension is still in place for each employee and what indeterminate positions that shall be subject to work force adjustment if it were not in place.
3. inform the PSAC no later than 30 days after the term suspension has been in place for 36 months, and the term employee’s employment has not been ended for a period of more than 30 days to protect indeterminate employees in a workforce adjustment situation, the names, classification, and locations of those employees and the date on which their term began and the date that they will be made indeterminate. Term employees shall be made indeterminate within 60 days of the end of the three-year suspension.

Part IV: retraining

4.1 General

4.1.2 It is the responsibility of the employee, home department or organization and appointing department or organization to identify retraining opportunities, including language training opportunities, pursuant to subsection 4.1.1.

4.1.3 When a retraining opportunity has been identified, the deputy head of the home department or organization shall approve up to two (2) years of retraining. Opportunities for retraining, including language training, shall not be unreasonably denied.

Part VI: options for employees

6.1 General

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 that employment will be available. A deputy head who cannot provide such a guarantee shall provide his or her reasons in writing, if so requested by the employee. Except as specified in 1.1.19 (e), employees Employees in receipt of this guarantee will not have access to the choice of options in 6.4 below.

6.4 Options

6.4.1c)

Education allowance is a transition support measure (see Option (b) above) plus an amount of not more than fifteen thousand dollars ($15,000) twenty thousand dollars ($20,000) for reimbursement of receipted expenses of an opting employee for tuition from a learning institution and costs of books and relevant equipment. Employees choosing Option (c) could either:

Part VII: special provisions regarding alternative delivery initiatives

7.2 General

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. Employees who are affected by alternative delivery initiatives and who do not receive job offers from the new employer shall be treated in accordance with the provisions of Parts I to VI of this appendix.

**Specific sections to be amended are noted as follows**

Definitions

Alternation (échange de postes)

Occurs when an opting employee (not a surplus employee) or a surplus employee who is surplus as a result of having chosen option 6.4.1(a) who wishes to remain in the core public administration exchanges positions with a non-affected employee (the alternate) willing to leave the core public administration with a transition support measure or with an education allowance.

Education allowance (indemnité d’études)

Is one of the options provided to an indeterminate employee affected by normal workforce adjustment for whom the deputy head cannot guarantee a reasonable job offer. The education allowance is a cash payment equivalent to the transition support measure (see Annex B), plus a reimbursement of tuition from a recognized learning institution and book and mandatory equipment costs, up to a maximum of fifteen thousand dollars ($15,000).

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 located beyond what, according to local custom, is normal commuting distance from the former work location and from the employee’s current residence., which exceeds a 40 km commute between the old and new workplaces, and excludes relocations of a work unit within the same Census Metropolitan Area.

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 cash payment based on the employee’s years of service, as per Annex B.

Part III: relocation of a work unit

When considering moving a unit of any size to another location, departments will review the distance between the old and new work place based on the most practicable route to ensure that it qualifies as a relocation of a work unit. After consultation with the Treasury Board Secretariat, deputy heads may authorize, in writing, a relocation of a work unit when the conditions are not met if, in their view, there are other factors that should be taken to consideration, which affect all employees of the work unit.

Should a relocation of a work unit not be authorized, departments will review each case to determine if relocation assistance should be authorized based on the individual circumstances of an employee in accordance with the NJC Relocation Directive.

Part IV: retraining

4.1.3 When a retraining opportunity has been identified, the deputy head of the home department or organization shall approve up to two (2) years of retraining. Retraining can apply when an employee is considered for appointment or deployment to a reasonable job offer, which is for a position at an equivalent group and level or one (1) group and level lower than the surplus position. For affected employees, retraining is applicable for positions which would be deemed a reasonable job offer, had the employee been in surplus status.

Part V: salary protection

5.1 Lower-level position

5.1.1 Surplus employees and laid-off persons appointed or deployed to a lower-level position under this Appendix reasonable job offer position, which is one (1) group and level lower than the surplus position, 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 Directive on Terms and Conditions of Employment governing reclassification or classification conversion the Regulations Respecting Pay on Reclassification or Conversion.

5.1.2 Employees whose salary is protected pursuant to 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. while they occupy their reasonable job offer position on an indeterminate basis or until such time as the maximum rate of pay of the reasonable job offer position, as revised periodically, is equal to or is higher than the surplus position.

5.1.3. In the event that a salary protected employee declines without good and sufficient reason

1. an appointment or deployment to a position at an equivalent group and level to the surplus position that is in the same geographic area; or
2. an appointment to a position, which is at a group and level higher than that of the surplus position that is in the same geographic area is to be immediately paid at the applicable rate of pay of the reasonable job offer position.

Part VI: options for employees

6.2 Voluntary programs

The Voluntary Departure Program supports employees in leaving the public service when placed in affected status prior to entering a Selection of Employees for Retention or Layoff (SERLO) process, and does not apply if the deputy head can provide a guarantee of a reasonable job offer (GRJO) to affected employees in the work unit.

Departments and organizations shall establish voluntary departure programs for all workforce adjustments situations in which the workforce will be reduced and that involves involving five (5) or more affected employees working at the same group and level and in the same work unit and where the deputy head cannot provide a guaranteed reasonable job offer.

Such programs shall:

1. Be the subject of meaningful consultation through joint union-management WFA committees;
2. Volunteer programs shall not be used to exceed reduction targets. Where reasonably possible, departments and organizations will identify the number of positions for reduction in advance of the voluntary programs commencing;
3. Take place after affected letters have been delivered to employees;
4. Take place before the department or organization engages in the SERLO process;
5. Provide for a minimum of 30 calendar days for employees to decide whether they wish to participate;
6. Allow employees to select options B, or Ci. or Cii;
7. Provide that when the number of volunteers is larger than the required number of positions to be eliminated, volunteers will be selected based on seniority (total years of service in the public service, whether continuous or discontinuous).

6.4 Options

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:

2. Transition support measure (TSM) is a cash payment, based on the employee’s years of service in the public service (see Annex B), made to an opting employee. Employees choosing this option must resign but will be considered to be laid off for purposes of severance pay. The TSM shall be paid in one (1) or two (2) lump sum amounts over a maximum two (2) year period.

7.2 General

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. When the new employer can only provide job offers to some but not all employees who are affected by an alternative delivery initiative, the deputy head may provide a guarantee of a reasonable job offer or declare the employees opting subject to paragraph 6.4.1 a) of section VI of the present appendix for the employees who do not receive an offer of employment from the new employer.

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of the implementation period of the collective agreement.

The provisions of this collective agreement shall be implemented by the Parties within a period of one hundred and fifty (150) days from the date of signing.

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.

1. Calculation of retroactive payments

   1. Retroactive calculations that determine amounts payable to employees for a retroactive period shall be made based on all transactions that have been entered into the pay system up to the date on which the historical salary records for the retroactive period are retrieved for the calculation of the retroactive payment. These historical salary records shall provide a record of an employee’s full pay history for the retroactive period of the agreement.
   2. Elements of salary traditionally included in the calculation of retroactivity will continue to be included in the retroactive payment calculation and administration, and will maintain their pensionable status as applicable. The elements of salary included in the calculation of retroactivity include:
      • substantive salary
      • promotions
      • deployments
      • acting pay
      • extra duty pay
      • additional hours worked
      • maternity leave allowance
      • parental leave allowance
      • vacation leave and extra duty pay cash-out
      • severance pay
      • eligible allowances depending on collective agreement
   3. Retroactive amounts will be calculated by applying the relevant percentage increases indicated in the collective agreement. The value of the retroactive payment will differ from that calculated using the traditional approach, as no rounding will be applied. The payment of retroactive amount will not affect pension entitlements or contributions relative to previous methods.
   4. The payment of retroactive amounts related to transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved, such as acting pay, promotions, overtime and/or deployments, will not be considered in determining whether an agreement has been implemented.
   5. Any outstanding pay transactions that would modify an employee’s historical salary records will be processed once they are entered into the pay system and any corresponding retroactivity stemming from the collective agreement will be issued to affected employees.
2. Implementation
   1. The effective dates for economic increases will be specified in the agreement. Unless otherwise stated, the coming-into-force provisions of the collective agreements will be as follows:
      1. All components of the agreements unrelated to pay administration will come into force on signature of agreement.
      2. Compensation elements such as premiums, allowances, insurance premiums and coverage and changes to overtime rates will come into force on the effective date of the prospective compensation increases.
   2. Collective agreements will be implemented over the following timeframes:
      1. The prospective elements of compensation increases (such as prospective salary rate changes and other compensation elements such as premiums, allowances, changes to overtime rates) will be implemented within one-hundred and eighty (180) days after signature of agreements where there is no need for manual intervention.
      2. Retroactive amounts payable to employees will be administered within one-hundred and eighty (180) days after signature of the agreement where there is no need for manual intervention.
      3. Prospective compensation increases and retroactive amounts that require manual processing by compensation advisors will be implemented within five-hundred and sixty (560) days after signature of agreements. Manual intervention is generally required for employees on an extended period of leave without pay (e.g., maternity/parental leave), salary protected employees and those with transactions such as leave with income averaging, pre-retirement transition leave and employees paid below minimum, above maximum or in between steps. Manual intervention may also be required for specific accounts with complex and complicated salary history.
3. Employee Recourse
   1. A non-pensionable amount of two-hundred and fifty dollars ($250) will be provided to each employee in the bargaining unit on date of signature, in recognition of extended implementation timeframes.
   2. Where prescribed implementation timeframes have been breached, a sixty dollars ($60) payment will be provided to each employee identified in 1.a. who is affected. For every six (6) months thereafter where employees have not had their agreements implemented, a further sixty dollars ($60) payment will be provided, up to a maximum of two (2) payments.
   3. An employee will only be eligible for one initial lump sum payment and one penalty payment every six (6) months.
   4. Employees may request that the departmental compensation unit or the Public Service Pay Centre verify the calculation of their retroactive payments, where they believe these amounts are incorrect.
   5. In such a circumstance, for employees in organizations serviced by the Pay Centre, they must first complete a Phoenix feedback form indicating what period they believe is missing from their pay.

In order to reach settlement, the Employer proposes the following:

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of the implementation period of the collective agreement.

The provisions of this collective agreement shall be implemented by the parties within a period of one hundred and fifty (150) days from the date of signing.

Notwithstanding the provisions of clause 65.03 on the calculation of retroactive payments and clause 67.02 on the collective agreement implementation period, this memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.

1. Calculation of retroactive payments
   1. Retroactive calculations that determine amounts payable to employees for a retroactive period shall be made based on all transactions that have been entered into the pay system up to the date on which the historical salary records for the retroactive period are retrieved for the calculation of the retroactive payment.
   2. Retroactive amounts will be calculated by applying the relevant percentage increases indicated in the collective agreement rather than based on pay tables in agreement annexes. The value of the retroactive payment will differ from that calculated using the traditional approach, as no rounding will be applied. The payment of retroactive amount will not affect pension entitlements or contributions relative to previous methods, except in respect of the rounding differences.
   3. Elements of salary traditionally included in the calculation of retroactivity will continue to be included in the retroactive payment calculation and administration, and will maintain their pensionable status as applicable. The elements of salary included in the historical salary records and therefore included in the calculation of retroactivity include:
      • substantive salary
      • promotions
      • deployments
      • acting pay
      • extra duty pay/overtime
      • additional hours worked
      • maternity leave allowance
      • parental leave allowance
      • vacation leave and extra duty pay cash-out
      • severance pay
      • salary for the month of death
      • Transition Support Measure
      • eligible allowances and supplemental salary depending on collective agreement
   4. The payment of retroactive amounts related to transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved, such as acting pay, promotions, overtime and/or deployments, will not be considered in determining whether an agreement has been implemented.
   5. Any outstanding pay transactions will be processed once they are entered into the pay system and any retroactive payment from the collective agreement will be issued to impacted employees.
2. Implementation
   1. The effective dates for economic increases will be specified in the agreement. Other provisions of the collective agreement will be effective as follows:
      1. All components of the agreement unrelated to pay administration will come into force on signature of agreement.
      2. Changes to existing and new compensation elements such as premiums, allowances, insurance premiums and coverage and changes to overtime rates will become effective within one-hundred and eighty (180) days after signature of agreement, on the date at which prospective elements of compensation increases will be implemented under 2(b)(i).
      3. Payment of premiums, allowances, insurance premiums and coverage and overtime rates in the collective agreement will continue to be paid until changes come in to force as stipulated in 2(a)(ii).
   2. Collective agreement will be implemented over the following timeframes:
      1. The prospective elements of compensation increases (such as prospective salary rate changes and other compensation elements such as premiums, allowances, changes to overtime rates) will be implemented within one-hundred and eighty (180) days after signature of agreement where there is no need for manual intervention.
      2. Retroactive amounts payable to employees will be implemented within one-hundred and eighty (180) days after signature of the agreement where there is no need for manual intervention.
      3. Prospective compensation increases and retroactive amounts that require manual processing by compensation advisors will be implemented within five-hundred and sixty (560) days after signature of agreement. Manual intervention is generally required for employees on an extended period of leave without pay (e.g., maternity/parental leave), salary protected employees and those with transactions such as leave with income averaging, pre-retirement transition leave and employees paid below minimum, above maximum or in between steps. Manual intervention may also be required for specific accounts with complex salary history.
3. Employee Recourse
   1. An employee who is in the bargaining unit for all or part of the period between the first day of the collective agreement (i.e., the day after the expiry of the previous collective agreement) and the signature date of the collective agreement will be entitled to a non-pensionable amount of four hundred dollars ($400) payable within one-hundred and eighty (180) days of signature, in recognition of extended implementation timeframes and the significant number of transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved.
   2. Employees in the bargaining unit for whom the collective agreement is not implemented within one-hundred and eighty one (181) days after signature will be entitled to a fifty dollar ($50) non-pensionable amount; these employees will be entitled to an additional fifty dollar ($50) non-pensionable amount for every subsequent complete period of ninety (90) days their collective agreement is not implemented, to a total maximum of nine (9) payments. These amounts will be included in their final retroactive payment. For greater certainty, the total maximum amount payable under this paragraph is four hundred and fifty dollars ($450).
   3. If an employee is eligible for compensation in respect of section 3 under more than one collective agreement, the following applies: the employee shall receive only one non-pensionable amount of four hundred dollars ($400); for any period under 3(b), the employee may receive one fifty $50 payment to a maximum amount payable under this paragraph is four hundred and fifty dollars ($450).
   4. Should the Employer negotiate higher amounts for 3(a) or 3(b) with any other bargaining agent representing core public administration employees, it will compensate PSAC members for the difference in an administratively feasible manner.
   5. Late implementation of the 2018 collective agreements will not create any entitlements pursuant to the Agreement between the CPA Bargaining Agents and the Treasury Board of Canada with regard to damages caused by the Phoenix pay system.
   6. Employees for whom collective agreement implementation requires manual intervention will be notified of the delay within one-hundred and eighty (180) days after signature of the agreement.
   7. Employees will be provided a detailed breakdown of the retroactive payments received and may request that the departmental compensation unit or the Public Service Pay Centre verify the calculation of their retroactive payments, where they believe these amounts are incorrect. The Employer will consult with the Alliance regarding the format of the detailed breakdown.
   8. In such a circumstance, for employees in organizations serviced by the Pay Centre, they must first complete a Phoenix feedback form indicating what period they believe is missing from their pay.

Replace the existing Appendix M with

The work of the Joint Task Force on Mental Health (JTF), highlighted the essential need for collaboration between management and the unions as one of the key elements for successful implementation of a psychological health and safety management system within the federal public service.

As a result of the work done by the Joint Task Force on Mental Health (JTF),the parties agree to establish a Centre of Expertise on Mental Health in the Workplace (COE). The COE is established to pursue the long-term focus and to reflect the commitment from the senior leadership of the parties on the importance of mental health issues in the workplace. The COE will focus on continuous improvement and the successful implementation of measures to improve

The COE will:

• Will have a joint governance structure between the PSAC (the Alliance) and Employer representatives
• Have a central, regional and virtual presence;
• Have a mandate that can evolve based on the needs of stakeholders within the federal public service;
• Have dedicated and long-term funding from Treasury Board.

The parties agree to establish a formal governance structure that will include an Executive Board (previously named Steering Committee) and an Advisory Board (previously named Technical Committee).

The Executive Board and the Advisory Board will be comprised of an equal number of Union and Employer representatives. The Executive Board is responsible for determining the number and the identity of their respective Advisory Board representatives.

The Executive Board shall approve the terms of reference of the Advisory Board. This date may be extended by mutual agreement of the Executive Board members. The Advisory Board’s terms of reference may be amended from time to time by mutual consent of the Executive Board members.

The ongoing responsibilities of the COE include:

• Continue to build upon the overall Federal Public Service Workplace Mental Health Strategy;
• Continue to identify ways of reducing and eliminating the stigma in the workplace that is too frequently associated with mental health issues;
• Continue to identify ways to better communicate the issues of mental health challenges in the workplace
• Assess various tools such as existing policies, legislation and directives available to support employees facing these challenges;
• Monitor practices on mental health initiatives and wellness programs from within the federal public service, from other jurisdictions and from other employers that might be instructive for the federal public service;
• Continue to drive towards the implementation of the National Standard of Canada for Psychological Health and Safety in the Workplace (the Standard) and identify how implementation can best be achieved within the public service; recognizing that not all workplaces are the same;
• Promote the participation of joint health and safety committees and health and safety representatives;
• Promote the participation of the joint employment equity committees;
• Continue to identify challenges and barriers that may impact the successful implementation of mental health best practices; and
• Continue to identify areas where the objectives reflected in the Standard, or in the work of other organizations, represent a gap with existing approaches within the federal public service. Once identified, make ongoing recommendations to the Executive Board on how those gaps could be addressed. The National Standard for Psychological Health and Safety in the Workplace should be considered a minimum standard that the Employer’s occupational health and safety program may exceed.
• In addition to these responsibilities, the COE will play a key role in:
• Providing a roadmap for alignment to the National Standard.
• Providing expert support and guidance to all key stakeholders
• Establishing a best practice repository
• Developing a whole-of-government communications strategy in collaboration with various stakeholders
• Establishing partnerships and networks with key organizations
• Convening communities of practice

In order to achieve settlement, the Employer proposes the following:

Replace the existing Appendix M with:

This Memorandum of Understanding is to recognize the ongoing joint commitment of the Treasury Board of Canada (the Employer) to address issues of mental health in the workplace in collaboration with the Public Service Alliance of Canada (the Alliance)

In 2015, the Employer and the Alliance entered into a Memorandum of Understanding with respect to mental health in the workplace as part of the collective agreement which established the Joint Task Force on Mental Health (the Joint Task Force).

The Employer, based on the work of the Joint Task Force and in collaboration with the Alliance, created the Centre of Expertise on Mental Health in 2017 focused on guiding and supporting federal organizations to successfully implement measures to improve mental health in the workplace by implementing the National Standard of Canada for Psychological Health and Safety in the Workplace (the Standard). To this end, the Centre of Expertise on Mental Health was given and shall continue to have:

• central, regional and virtual presence;
• an evolving mandate based on the needs of stakeholders within the federal public service; and
• a dedicated and long-term funding from Treasury Board.

As the terms of the previous Memorandum of Understanding have been met, the parties agree to establish a renewed governance structure to support the Centre for Expertise on Mental Health that will include an Executive Board and an Advisory Board.

The Executive Board will consist of the Chief Human Resource Officer of Canada and the President of the Alliance. The Advisory Board will be comprised of an equal number of Union and Employer representatives. The Executive Board is responsible for determining the number and the identity of their respective Advisory Board representative.

The Executive Board shall approve the terms of reference of the Advisory Board. The Advisory Board’s terms of reference may be amended from time to time by mutual consent of the Executive Board members.

This Memorandum of Understanding expires on June 20, 2021.

Replaced with:

This Memorandum of Understanding is to give effect to the agreement reached between the Employer and Public Service Alliance of Canada regarding child care. As a result of the work done by the Joint National Child Care Committee, the parties agree to establish an ongoing Child Care Joint Union-Management Committee. The Child Care Joint Union-Management Committee is established to continue the work of the Joint National Child Care Committee and will be given the carriage of the Committee’s recommendations, in addition to other measures identified through further research and analysis and agreed to by the parties.

The Child Care Joint Union-Management Committee will:

• be under the auspices of the National Joint Council;
• be co-governed by Union and Employer representatives;
• have a mandate that can evolve based on the needs of stakeholders within the federal public service;
• perform its work neutrally and at arm’s length;
• have dedicated and long-term funding from the Treasury Board to finance the establishment and ongoing support of child care centres in the federal public service.

The Child Care joint Union-Management Committee will be comprised of an equal number of Union and Employer representatives. The ongoing responsibilities of the Child Care joint Union-Management Committee include:

• defining criteria for the establishment of workplace daycare centres;
• identifying opportunities for establishing workplace child care centres (for example, pursuing community partnerships), including opportunities that will come with the expansion of licensed child care across the country;
• carrying out needs assessment to determine priority locations when a decision has been to establish a licensed workplace child care in a given region;
• conducting centralized research to understand the challenges and work-life needs of working parents who are employees of the public service;
• examining the feasibility of capturing information related to employees working shift hours and other non-standard hours within existing information systems;
• allowing departments to partner with local licensed child care providers or school boards to provide services;
• exploring the feasibility for departments to partner with other employers located near each other to establish not-for-profit, licensed child-care services nearby.

The Child Care joint Union-Management Committee shall also:

• develop a communication strategy to inform employees, including managers, about licensed child care supports in the public service;
• develop an information package on licensed child care to provide when employees complete forms for maternity or parental leave;
• provide guidance and best practices to departments to assist employees in obtaining information on child care options considering the needs of employees, including the needs of those who work irregular hours;
• leverage partnerships with various networks and services (e.g., Employee Assistance Services) to implement information and referral services for child care tailored to the needs of federal public service employees, including emergency licensed child care;
• establish an interdepartmental parent’s network on the GC 2.0 platform to connect parents across the public service to share ideas and support;
• leverage existing training, including through the Joint Learning Program, to increase employee awareness of existing mechanisms to manage work-family balance.

Workplace child care funding model

The Employer shall, through meaningful consultation with the Child Care Joint Union-Management Committee, develop a new workplace child care funding model that encourages the establishment of new licensed workplace child care centres and the ongoing support of existing licensed workplace centres in the public service. Consideration should be given to the possibility of creating a centrally funded program guided by rigorous criteria and needs assessment for the establishment and maintenance of licensed workplace child care centres.

Treasury Board Policy on Workplace Day Care Centres

The Employer shall, through meaningful consultation with the Child Care Joint Union-Management Committee, revise the Treasury Board Policy on Workplace Day Care Centres so that it can better encourage and support the establishment and ongoing operation of high-quality, accessible, affordable, licensed and inclusive child care services in federal buildings while maintaining the following elements:

• licensed workplace child care centres in federal buildings are operated by not-for-profit organizations;
• licensed workplace child care centres are staffed to offer support and services in both official languages in regions designated bilingual for language-of-work purposes;
• licensed workplace child care centres are accessible to parents and children with disabilities.

**The specific section to be amended is noted as follows**

The Technical Committee will develop all agreements and documents needed to support the consideration of a wellness plan during the next round of collective bargaining. This work shall be completed by December 1, 2021 2017. The Technical Committee shall provide interim recommendations for review by the Steering Committee on the following matters through a series of regular meetings:

This Memorandum of Understanding is to give effect to the agreement reached between the Employer and the Public Service Alliance of Canada (PSAC) concerning the process to be followed to re-open the collective agreements for the following bargaining units:

• Program and Administrative Services (PA)
• Technical Services (TC)
• Operational Services (SV)
• Education and Library Science (EB)

for the purpose of addressing the differences that exist between the above-noted collective agreements and the terms and conditions of work of employees who are transferred into these bargaining units from other public sector bargaining units while the collective agreements are in effect.

The parties agree that:

1. Such employees shall become members of the Alliance occupational groups on the date in which their transfer is effective.
2. The articles of the collective agreements for the above-noted bargaining units dealing with Check-Off (Article 11 (PA)); Use of Employer Facilities (Article 12 (PA)); Employee Representatives (Article 13 (PA)) and Leave With or Without Pay for Alliance Business (Article 14 (PA)) shall apply effective the date on which such transfers are effective.
3. Increases to rates of pay and allowances that apply to such employees shall be effective as per past practice.
4. All other terms and conditions of work that apply to such employees shall be frozen subject to negotiations between the Employer and the Alliance.
5. Negotiation of such terms and conditions of work shall commence no later than ninety (90) days after notice of the intent to transfer such employees into the above-noted occupational groups is provided to the Alliance.
6. Should a negotiated settlement of the terms and conditions of work of such transferred employees not be reached, the parties agree that either side may declare impasse and that any outstanding issues be referred to binding arbitration by a Board of Arbitration consisting of a sidesperson representing each party and a mutually agreed-upon arbitrator chosen by the parties.

Signed in Ottawa this _____ day of May, 2019

for the employer for the union

2.01 For the purpose of this Agreement:

“family” (famille)

except where otherwise specified in this agreement, means father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, step-brother, step-sister, spouse (including common-law partner spouse resident with the employee), child (including child of common-law partner), stepchild, foster child or ward of the employee, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, sister-in-law, brother-in-law, the employee’s grandparents and relative permanently residing in the employee’s household or with whom the employee permanently resides.

“continuous employment” (emploi continu)

Is one or more periods of service in the public service, as defined in the Public Service Superannuation Act, with allowable breaks only as provided for in the terms and conditions of employment applicable to the person.

has the same meaning as specified in the existing Public Service Terms and Conditions of Employment Regulations of the Employer on the date of signing of this agreement.

“continuous employment” (emploi continu)

has the same meaning as specified in the existing Public Service Terms and Conditions of Employment Regulations Directive on Terms and Conditions of Employment of the Employer on the date of signing of this Agreement.

“continuous employment” (emploi continu)

has the same meaning as specified in the existing Public Service Terms and Conditions of Employment Regulations Directive on Terms and Conditions of Employment of the Employer on the date of signing of this Agreement.

(New)

3.03 With the exception of clauses relating to maternity leave, maternity allowance, medical appointments for pregnant employees, and maternity-related reassignment or leave in this agreement, expressions referring to employee or the masculine or feminine gender are meant for all employees, regardless of gender.

(New)

25.XX The Employer shall not change any day workers into shift workers nor change shift workers into day workers without mutual agreement between the Employer and the Alliance.

25.05

1. The Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day except on occasions when operational requirements do not permit.
2. The Employer shall provide an unpaid meal break of a minimum of thirty (30) minutes per full working day, normally at the mid-point of the working day.
3. In addition to the paid rest periods in 25.05 a. above, the Employer will provide two (2) additional appropriate periods of paid protected time each per full working day to a nursing mother for the purpose of breastfeeding or performing breast milk pumping hygiene. The Employer shall provide an appropriate, private and safe place for these functions to be performed.

Shift work

25.13 The Employer shall not schedule rotating shifts except with the express mutual consent of the Alliance in accordance with Article 25.11.

When, because of operational requirements and with the mutual consent of the Alliance, hours of work are scheduled for employees on a rotating or irregular basis, or on a non-rotating basis where the Employer requires employees to work hours later than 6 pm and/or earlier than 7 am, they shall be scheduled so that employees, over a period of not more than fifty-six (56) calendar days:

1. on a weekly basis, work an average of thirty-seven decimal five (37.5) hours and an average of five (5) days;
2. work seven decimal five (7.5) consecutive hours per day, exclusive of a one -half (1/2) hour meal period;
3. obtain an average of two (2) days of rest per week;
4. obtain at least two (2) consecutive days of rest at any one time except when days of rest are separated by a designated paid holiday which is not worked; the consecutive days of rest may be in separate calendar weeks.

Excluded provisions

Clauses 25.13 to 25.23 inclusive, pertaining to shift work, do not apply to employees classified as IS. In the case of employees classified as WP, these clauses apply only to employees of the Correctional Service of Canada who are employed in community correctional centres and to those employed in higher security institutions in leisure, social, cultural or athletic activities as well as those who are providing Dialectical Behaviour Therapy (DBT).

25.05

1. The Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day except on occasions when operational requirements do not permit.
2. The Employer shall provide an unpaid meal break of a minimum of thirty (30) minutes per full working day, normally at the mid-point of the working day.

25.20

1. An employee who is required to change his or her scheduled shift without receiving at least seven (7) days’ forty-eight (48) hours’ notice in advance of the starting time of such change in his or her schedule shall be paid for the first (1st) shift worked on the revised schedule at the rate of time and one-half (1 ½) for the first (1st) seven decimal five (7.5) hours and double (2) times thereafter. Subsequent shifts worked on the revised schedule shall be paid at the straight-time rate, subject to Article 28 (overtime).

Excluded provisions

This article does not apply to employees on day work covered by clauses 25.06 to 25.12 inclusive.

27.01 Shift premium

An employee working shifts will receive a shift premium of three dollars (3$) two dollars ($2) per hour for all hours worked, including overtime hours, between 4 pm and 8 00:00 am. The shift premium will not be paid for hours worked between 8 am and 4 pm.

An employee working on shifts will receive a shift premium of five dollars ($5.00) per hour for all hours worked, including overtime hours, between 00:00 and 08:00 hours

27.02 Weekend premium

1. An employee working shifts during a weekend will receive an additional premium of

   two dollars ($2) three dollars ($3) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.

2. Where Saturday and Sunday are not recognized as the weekend at a mission abroad, the Employer may substitute two (2) other contiguous days to conform to local practice.

All overtime shall be compensated at double time. Consequential amendments throughout the agreement must be made pursuant to agreement.

28.08 Compensation in cash or leave with pay

1. Overtime shall be compensated on the basis of employee’s preference either in cash or equivalent leave with pay, except that, upon request of an employee and with the approval of the Employer, overtime may be compensated in equivalent leave with pay.
2. The Employer shall endeavour to pay cash overtime compensation by the sixth (6th) week after which the employee submits the request for payment.
3. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
4. Compensatory leave earned in a fiscal year and outstanding on September 30 of the following fiscal year, shall be paid at the employee’s rate of pay as calculated from the classification prescribed in the employee’s certificate of appointment on March 31 of the previous fiscal year.
5. At the request of the employee and with the approval of the Employer, accumulated compensatory leave may be paid out, in whole or in part, once per fiscal year, at the employee’s hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the time of the request.

28.09 Meals

1. An employee who works three (3) or more hours of overtime immediately before or immediately following the employee’s scheduled hours of work shall be reimbursed his or her expenses for one meal in the amount of ten fifteen dollars ($10 15) except where free meals are provided.
2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one additional meal in the amount of ten fifteen dollars ($10 15) for each additional four (4) hour period of overtime worked thereafter except where free meals are provided.
3. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to the employee’s place of work.
4. Meal allowances under this clause shall not apply to an employee who is in travel status, which entitles the employee to claim expenses for lodging and/or meals.

28.04 Assignment of overtime work

• a. Subject to operational requirements, the Employer shall make every reasonable effort to:

• a. avoid excessive overtime and to offer overtime work on an equitable basis among readily available qualified employees, and
• b. endeavor to allocate overtime work to employees at the same group and level as the position to be filled, that is, CR-4 to CR-4, PM-2 to PM-2 etc. and
• b. c. The Employer shall, wherever possible, give at least four (4) hours’ notice of any requirement for overtime work, Eexcept in cases of emergency, call-back or mutual agreement with the employee, the Employer shall, wherever possible, give at least four (4) hours’ notice of any requirement for overtime work.

28.09 Meals

5. Meal allowances under this clause shall not apply to an employee who has approval to work overtime from a location other than his or her designated workplace.

28.09 Meals

1. An employee who works three (3) or more hours of overtime immediately before or immediately following the employee’s scheduled hours of work shall be reimbursed his or her expenses for one meal in the amount of ten twelve dollars ($10 12) except where free meals are provided.
2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in paragraph (a), the employee shall be reimbursed for one additional meal in the amount of ten twelve dollars ($10 12) for each additional four (4) hour period of overtime worked thereafter except where free meals are provided.

Note: Changes to this article will come into effect on April 1st following the signing date of the agreement.

Scheduling of vacation leave with pay

34.05

1. Employees are expected to take all their vacation leave during the vacation year in which it is earned.
2. Vacation scheduling:

   Period	Employee submission deadline	Employer response deadline	Start of leave period	End of leave period
   Summer	April 15	May 1	June 1	September 30
   Fall/Winter	August 15	September 1	October 1	January 31
   Winter/Spring	December 15	January 1	February 1	May 31

   1. Employees will submit their annual leave requests for the summer leave period on or before April 15th, and on or before August 15th for the fall/winter leave period, and on or before September December 15th for the winter/spring leave periods, The Employer will respond to such requests no later than May 1st for the summer leave period, no later than September 1st for the fall/winter period and no later than January 1st for the winter/spring leave period.

      Notwithstanding the preceding paragraph, with the agreement of the Alliance, departments may alter the specified submission dates for the leave requests. If the submission dates are altered, the employer must respond to the leave request 15 days after such submission dates;

   2. The summer and winter holidays periods are:

      • for the summer leave period, between June 1 and September 30;
      • for the fall/winter leave period, between October 1 and November January 31;
      • for the winter/spring holiday season leave period, between December February 1 and March May 31;
      • for the spring leave period, between April 1 and May 31.
   3. In cases where there are more vacation leave requests for a specific period than can be approved due to operational requirements, years of service as defined in clause 34.03 of the Agreement, shall be used as the determining factor for granting such requests. For summer leave requests, years of service shall be applied for a maximum of two weeks per employee in order to ensure that as many employees as possible might take annual leave during the summer months;
   4. Years of service as defined in clause 34.03 shall be used as the determining factor for granting requests only when the leave request plus any scheduled days of rest and/or designated paid holidays total seven (7) or more consecutive calendar days off.
   5. Requests submitted after April 15th for the summer leave period and after August 15th for the fall/winter period, and after September 15th for the winter leave period, and after March December 15^th 1st for the winter/spring leave period, shall be dealt with on a first (1st) come first (1st) served basis and requests for such leave shall not be unreasonably denied.

3. Subject to the following subparagraphs, tThe Employer reserves the right to schedule an employee’s vacation leave but shall make every reasonable effort:

   1. to provide an employee’s vacation leave in an amount and at such time as the employee may request;
   2. not to recall an employee to duty after the employee has proceeded on vacation leave;
   3. not to cancel or alter a period of vacation or furlough leave which has been previously approved in writing.

34.11 Carry-over and/or liquidation of vacation leave

1. Where, in any vacation year, an employee has not used been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave up to a maximum of two hundred and sixty-two decimal five (262.5) hours credits shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and sixty-two decimal five (262.5) hours shall be automatically paid in cash at his or her rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.

Leave to employee’s credit when employment terminates

34.15 The Employer shall grant the employee any vacation leave earned but not used by the employee before the employment is terminated by layoff if the employee so requests because of a requirement to meet continuous employment requirements for severance pay.

Where the employee requests, the Employer shall grant the employee his or her unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of continuous employment in the case of resignation.

37.01 An employee shall be granted injury-on-duty leave with pay upon submission of a claim to a Workers’ Compensation authority pursuant to the Government Employees Compensation Act. The leave shall continue for such period as may be reasonably determined by the Employer certified by a Workers’ Compensation authority when such authority has 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:

1. personal injury accidentally received in the performance of his or her duties and not caused by the employee’s willful misconduct, or
2. an industrial illness, vicarious trauma, or any other illness, injury or a disease arising out of and in the course of the employee’s employment,

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, provided, 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.

The Union tentatively agrees to the Employer’s counterproposal.

39.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the fifty-second (52) seventy-eighth (78th) week following the birth, request that the Employer 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 the health of the foetus or child. On being informed of the cessation, the Employer, with the written consent of the employee, shall notify the appropriate workplace committee or the health and safety representative.

39.05 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) seventy-eight (78) weeks after the birth.

44.01 For the purpose of this article, family is defined as:

1. spouse (or common law partner resident with the employee);
2. children (including foster children, step-children or children of the spouse or common-law partner, ward of the employee), grandchild;
3. parents (including step-parents or foster parents);
4. father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents of the employee;
5. any relative permanently residing in the employee’s household or with whom the employee permanently resides; or
6. any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee.;
   or
7. a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

44.03 Subject to clause 44.02, the Employer shall grant the employee leave with pay under the following circumstances:

1. to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
2. to provide for the immediate and temporary care of a sick member of the employee’s family and to provide the employee with time to make alternative care arrangements where the illness is of a longer duration;
3. to provide for the immediate and temporary care of an elderly member of the employee’s family;
4. for needs directly related to the birth or the adoption of the employee’s child;
5. to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
6. to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;
7. seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in clause 44.02 above may be used to attend an appointment with a legal or paralegal representative for non-employment -related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.
8. to visit with a terminally ill family member

44.01 For the purpose of this article, family is defined as:

1. spouse (or common law partner resident with the employee);
2. children (including foster children, step-children or children of the spouse or common-law partner, ward of the employee), grandchild;
3. parents (including step-parents or foster parents);
4. father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents of the employee;
5. any relative permanently residing in the employee’s household or with whom the employee permanently resides; or
6. any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee.; or
7. a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

47.01 For the purpose of this article, “family” is defined per Article 2 and in addition:

1. a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee. An employee shall be entitled to bereavement leave under 47.01 (a) only once during the employee’s total period of employment in the public service.

(Renumber accordingly)

47.01 When a member of the employee’s family dies, an employee shall be entitled to bereavement leave with pay. Such bereavement leave, as determined by the employee, must include the day of the memorial commemorating the deceased, or must begin within two (2) days following the death. During such period, the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days’ leave with pay for the purpose of travel related to the death.

1. At the request of the employee, such bereavement leave with pay may be taken in a single period of seven (7) consecutive calendar days or may be taken in two (2) periods to a maximum of five (5) working days.
2. When requested to be taken in two (2) periods,
   1. the first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death, and
   2. the second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony.
   3. The employee may be granted no more than three (3) days’ leave with pay, in total, for the purposes of travel for these two (2) periods.

47.01 For the purpose of this article, “family” is defined per Article 2 and in addition:

1. a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee. An employee shall be entitled to bereavement leave under 47.01(a) only once during the employee’s total period of employment in the public service.

(Renumber accordingly)

58.02

1. All call centre employees shall receive at least five (5) days of in-person training on crisis intervention and coping skills upon initial hire.
2. All call centre employees shall receive a minimum of three (3) days of in-person training every two (2) years to reinforce coping skills. be provided the opportunity to participate in a minimum of two (2) days of training annually on matters related to working in a call centre, such as training to reinforce coping skills.
3. All call centre employees shall receive a minimum of three (3) days of in-person crisis intervention training every two (2) years.

(New)

58.05 Call Centre employees shall have a minimum of thirty (30) seconds off the telephone between calls.

(New)

58.06 Call Centre employees who feel negatively impacted by abusive or threatening behaviour of a client shall:

1. have the right to immediately advise the client that they are terminating the call;
2. report the incident to their immediate supervisor;
3. be provided with immediate Critical Incident debriefing on request;
4. be provided the time they need to recover from the call before returning to their duties;
5. suffer no reprisals for exercising their rights under this Article.

58.07 Call Centre employees who feel negatively impacted by a call from a client in crisis shall:

1. report the incident to their immediate supervisor;
2. be provided with immediate Critical Incident debriefing on request;
3. be provided the time they need to recover from the call before returning to their duties;
4. suffer no reprisals for exercising their rights under this Article.

The following allowance replaces the former Penological Factor Allowance (PFA) and the Offender Supervision Allowance (OSA). The parties agree that only incumbents of positions deemed eligible and/or receiving PFA or OSA as of signing of this collective agreement, and employees who work within community parole officers who support the conditional release of offenders, shall receive the Correctional Service Specific Duty Allowance (CSSDA), subject to the criteria outlined below.

60.01 The Correctional Service Specific Duty Allowance (CSSDA) shall be payable to incumbents of specific positions in the bargaining unit within Correctional Service of Canada. The Allowance provides additional compensation to an incumbent of a position who performs certain duties or responsibilities specific to Correctional Service of Canada (that is, custody of inmates, the regular supervision of offenders, or the support of programs related to the conditional release of those offenders) within penitentiaries as defined in the Corrections and Conditional Release Act and/or CSC Commissioner Directives or within the community in District Offices and Parole Offices (including Area, Urban and Rural parole offices). The CSSDA is not payable to incumbents of positions located within Correctional Learning and Development Centres, Regional Headquarters, National Headquarters, and CORCAN establishments that do not meet the definition of penitentiary as defined in the Corrections and Conditional Release Act and/or CSC Commissioner Directives. or community parole offices as defined in the Corrections and Conditional Release Act, and/or CSC Commissioner Directives.

Amended

The Union proposes to renew current Article 60 – Correctional Service Specific Duty Allowance with no changes.

XX.01 A public safety allowance (PSA) shall be payable to incumbents in positions in the bargaining unit who by reason of duties being performed under the Ministry of Public Safety assume responsibilities and/or inherent risks of exposure associated within an policing environment, or in the interaction with inmates or offenders or criminal files; and to incumbents in positions in the bargaining unit who by reason of duties being performed under the Ministry of Veterans Affairs Canada assume responsibilities and or inherent risks of exposure associated with the provision of services to veterans.

1. during any period of paid leave up to a maximum of sixty (60) consecutive calendar days;
2. during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more clients.

• Public Service Superannuation Act
• Public Service Disability Insurance Plan
• Canada Pension Plan
• Quebec Pension Plan
• Employment Insurance
• Government Employees Compensation Act
• Flying Accident Compensation Regulations

National Parole Board of Canada

XX:07 The PSA shall be payable to incumbents of specific positions in the bargaining unit within the National Parole Board of Canada by reason of duties being performed in relation to the conditional release of offenders as defined in the Corrections and Conditional Release Act as amended from time to time.

Royal Canadian Mounted Police

XX:08 The PSA is used to provide additional compensation to an incumbent public service employee of the Royal Canadian Mounted Police by reason of duties being performed in relation to the handling of highly sensitive materials and information.

Department of Justice

XX:09 The PSA is used to provide additional compensation to an incumbent public service employee of the Department of Justice by reason of duties being performed in relation to the handling of highly sensitive materials and information.

Veterans Affairs Canada

XX:10 The PSA is used to provide additional compensation to an incumbent public service employee of Veteran’s Affairs Canada by reason of duties being performed in relation to:

1. the adjudication or review of Veterans Affairs Canada programs and benefits;
2. any other employee who provides direct service to a veteran.

General

XX.01 A primary responsibility allowance shall be payable to incumbents in certain positions in the bargaining unit which are in the Correctional Service Canada, subject to the following conditions.

Amount of the PRA

XX.03 The value of the primary responsibility allowance is seven thousand ($7,000) ten thousand dollars ($10,000) per annum. This allowance shall be paid on the same basis as the employee’s regular pay. Employees shall be entitled to receive the allowance for any month in which they receive a minimum of ten (10) days’ pay in a position to which the allowance applies.

Application of the PRA

XX.04 The primary responsibility allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause XX.02 above are applicable.

XX.06 The PRA shall not form part of an employee’s salary except for the purposes of the following benefit plans:

Public Service Superannuation Act

Public Service Disability Insurance Plan

Canada Pension Plan

Quebec Pension Plan

Employment Insurance

Government Employees Compensation Act

Flying Accident Compensation Regulations

Training for all employees in the WP Classification

WP.01 All employees in the WP classification shall be provided with a minimum of three (3) days of in-person training every two (2) years to reinforce coping skills.

WP.02 All employees in the WP classification shall be provided with a minimum of three (3) days of in-person crisis intervention training every two (2) years.

Training and Certification for Correctional Program Officers

WP.03 All CPOs shall be provided with four (4) weeks of in-person training at initial hire.

Such training shall incorporate the following:

Principles of adult learning

1. Effective group management techniques
2. Effective facilitation techniques
3. How to effectively challenge criminal thinking
4. Motivational skills
5. Information on learning disabilities, mental health issues, FASD
6. Safety procedures
7. Job procedures and protocols (OMS, report-writing, etc)
8. Program materials

WP.04 A CPO shall only be required to be certified once in any period of continuous service within the classification.

WP.05 Following initial certification, a CPO shall be assigned to co-facilitate with an experienced CPO until their first anniversary date of hire.

WP.06 Clinical supervision shall be provided at each site at least twice per month for each select program group (Sex Offenders, Adapted, Aboriginal and Mainstream) to provide support and guidance to facilitators as well as timely and effective assistance.

Workload for parole officers at Correctional Service of Canada

WP.07 In community correctional centres, parole officers shall have no more than eight (8) offenders in their caseload at any given time.

1. shall have no more than twelve (12) offenders in their caseload at any given time
2. shall have frequency of contact limited to no more than thirty (30) per month
3. shall not be required to write more than a maximum of five (5) reports per month of Community Assessments or Community Strategy and Assessments for Decisions for offenders not part of their caseloads.

The Employer proposes that this article be deleted as it is no longer required.

1. This pay note applies to employees that were appointed or transferred upon creation of the CBSA.
2. Should the employee’s salary exceed the maximum of the range for his or her group and level, the employee’s salary shall remain unchanged until such time as the maximum rate of pay for the employee’s group and level is equal to, or greater than, the employee’s salary.
3. Effective June 21, 2011, should the employee’s salary be within the new salary band in the “A” line, the employee’s new rate of pay shall be the step in the “A” line which is closest to, but not less than, the rate of pay received on that day. Furthermore the employee shall be entitled to a lump sum payment in an annualized amount equivalent to the difference between the value of the economic increase (that is, one decimal seven five per cent (1.75%)) and the actual salary increase, to be paid biweekly.
4. Effective June 21, 2011, employees who continue to be subject to paragraph (b) shall receive a lump sum payment in an annualized amount equivalent to one decimal seven five per cent (1.75%) of the employee’s rate of pay, to be paid biweekly, in lieu of the economic increase.
5. Effective June 21, 2012, should the employee’s salary be within the new salary band in the “B” line, the employee’s new rate of pay shall be the step in the “B” line which is closest to, but not less than, the rate of pay received on that day. Furthermore the employee shall be entitled to a lump sum in an annualized amount equivalent to the difference between the value of the economic increase (that is, one decimal five per cent (1.5%)) and the actual salary increase, to be paid biweekly.
6. Effective June 21, 2012, employees subject to paragraph (b) shall receive a lump sum payment in an annualized amount equivalent to one decimal five per cent (1.5%) of the employee’s rate of pay, to be paid biweekly, in lieu of the economic increase.
7. Effective June 21, 2013, should the employee’s salary be within the new salary band in the “C” line, the employee’s new rate of pay shall be the step in the “C” line which is closest to, but not less than, the rate of pay received on that day. Furthermore the employee shall be entitled to a lump sum in an annualized amount equivalent to the difference between the value of the economic increase (that is, two per cent (2.0%)) and the actual salary increase, to be paid biweekly.
8. Effective June 21, 2013, employees subject to paragraph (b) shall receive a lump sum payment in an annualized amount equivalent to two per cent (2.0%) of the employee’s rate of pay, to be paid biweekly, in lieu of the economic increase.
9. All other provisions of the new collective agreement shall apply.

This Memorandum is to give effect to the agreement reached between the Employer and the Alliance respecting sessional leave for certain employees of the Translation Bureau.

This Memorandum of Agreement shall apply to employees classified as AS, CR and ST who are assigned in the operational sections serving Parliament (Parliamentary Committees, Parliamentary Debates, Parliamentary Documents and Parliamentary Interpretation Services) and who share the same working conditions as members of the Translation bargaining unit who are eligible to parliamentary leave.

Notwithstanding the provisions of this agreement, the following is agreed:

1. Sessional leave
   1. In addition to their vacation leave with pay, employees assigned to operational translation and interpretation sections serving Parliament shall receive special compensation in the form of sessional leave.
   2. The maximum number of days of sessional leave is forty (40) per fiscal year.
   3. An employee is entitled to a number of days of sessional leave equal to the maximum number of days multiplied by a fraction in which the numerator corresponds to the number of the employee’s sessional workdays during the fiscal year and the denominator corresponds to the number of days that the House of Commons was in session during that fiscal year.
   4. The granting of sessional leave is subject to operational requirements and such leave must normally be taken during periods of low demand in the fiscal year for which it is granted. If operational requirements do not permit the Employer to grant sessional leave during the fiscal year, such leave must be granted before the end of the following fiscal year.
   5. If an employee is granted sessional leave in advance and, at the end of the fiscal year, has been granted more leave of this type than earned, the maximum number of days referred to in paragraph (b) shall be reduced accordingly.
2. Exclusions

The provisions of Part III of this agreement, except for clauses 27.01, 27.02 and 30.01 to 30.05, do not apply to employees who receive sessional leave in accordance with this memorandum.

4. Pay Note amendments

   Additional pay notes

   (New)

   A supplement of seven per cent (7%) of the employee’s pay shall be added to the pay of the administrative employees classified as AS, CR and ST who are assigned in the operational sections serving Parliament (Parliamentary Committees, Parliamentary Debates, Parliamentary Documents and Parliamentary Interpretation Services) and who usually work in the evening or at night, under pressure at all times, or who also work in the evening or at night and can be assigned to the parliamentary debates service at a moment’s notice.

5. Duration of agreement

The Union proposes that the new collective agreement expire on June 20, 2021.

This memorandum is to give effect to the agreement reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administration Services, Operational Services, Technical Services, Border Services and Education and Library Science bargaining units.

The PSAC – TBS Joint Learning Program (JLP) will continue to provide joint training on union management issues.

The Employer agrees to provide $355,375 $330,000 per month to the PSAC – TBS JLP starting on the date of signature of the PA collective agreement until the subsequent PA collective agreement is signed to ensure continuity of this initiative. **

The Employer further agrees to provide funds for the purposes of a joint study in the amount of fifty thousand dollars ($50,000) to identify the need for training of health and safety committees and appropriate mechanism for any required training, in line with the National Joint Council (NJC) Directive.

The Employer agrees to provide seven hundred and twenty-five thousand dollars ($725,000) one million dollars ($1,000,000) to fund a pilot project to develop programs and materials, facilitator training and delivery of workshops to fulfil training needs for occupational health and safety committees. Furthermore, the parties agree to establish a joint advisory committee reporting to JLP Steering Committee in order to define the scope of the pilot project. It will be made up of an equal number of representatives from the employer and the union and be established within 60 days of the signing of the collective agreement.

The PSAC – TBS JLP will continue to be governed by the existing joint PSAC – TBS Steering Committee to which two seats will be added for the other bargaining agents and the equivalent additional number of seats for employer representatives. The Bargaining Agent Side Secretary on the National Joint Council will be invited to attend the meetings of the PSAC – JLP Steering Committee with voice but no vote.

This memorandum is to give effect to the agreement reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administration Services, Operational Services, Technical Services, Border Services and Education and Library Science bargaining units.

The PSAC – TBS Joint Learning Program (JLP) will continue to provide joint training on union management issues.

The Employer agrees to provide $330,000 per month to the PSAC – TBS JLP starting on the date of signature of the PA collective agreement until the subsequent PA collective agreement is signed to ensure continuity of this initiative.

Starting on the date of signature of the PA collective agreement, the Employer agrees to increase monthly funding to the PSAC – TBS JLP by a percentage equivalent to the annual base economic increase.

The Employer further agrees to provide funds for the purposes of a joint study in the amount of fifty thousand dollars ($50,000) to identify the need for training of health and safety committees and appropriate mechanism for any required training, in line with the National Joint Council (NJC) Directive. five hundred and fifty thousand dollars ($550,000) to fund a pilot project to develop programs, materials, facilitator training and delivery of workshops tailored to the learning needs of occupational health and safety committees and representatives.

The PSAC – TBS JLP will continue to be governed by the existing joint PSAC – TBS Steering Committee to which two seats will be added for the other bargaining agents and the equivalent additional number of seats for employer representatives. The Bargaining Agent Side Secretary on the National Joint Council will be invited to attend the meetings of the PSAC – JLP Steering Committee with voice but no vote.

The Employer wishes to delete the Appendix upon completion of the joint study.

This memorandum is to give effect to the understanding reached by the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administrative Services (PA) bargaining unit.

The parties agree to establish a joint committee of equal representation, which shall meet within ninety (90) days of the signing of this collective agreement to consult and reach agreement on the terms of reference to guide the study.

The study will draw from existing research in order to:

• identify and document promising and best practices for the design of work, supervision, accommodation and technology in recognized high performing call centre environments, including but not limited to training in order to provide and reinforce coping skills, rest periods from phone work, and call monitoring;
• identify the human and occupational risk factors which may be associated with call centre work (for example, shift work, angry clients, impact of working with distraught clients, ergonomics, health and safety, etc) and document recommended practices (with examples as available) in the mitigation of such risk factors;and
• recommend how to implement best practices identified by the study (private and public sectors).

The study shall be completed no later than June 20, 2018.

While the results of the study will be non-binding, the Employer commits to share the findings across all departments with call centre operations, and to encourage the integration of promising and best practices as appropriate to the specific call centre context within the departments.

The joint committee shall meet within thirty (30) days of receiving the results of the study to review the results and to consult on opportunities to implement best practices.

This memorandum is to give effect to the agreement reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administrative Services bargaining unit.

Notwithstanding that classification is an exclusive employer authority as recognized in the Federal Accountability Act, the Employer is committed to engaging in meaningful consultation with the Alliance with respect to the review and redesign of the PA occupational group structure (OGS), followed by meaningful consultation regarding Classification Reform, relating to the development of job evaluation standards for the PA Occupational Group.

Meaningful consultation on Classification Reform will include consultation with the Alliance on the development of job evaluation standards which reflect and evaluate, in a gender neutral manner, the work performed by employees in the PA Occupational Group. It will also include ongoing dialogue with respect to providing employees with complete and current job descriptions detailing the specific responsibilities of the position.

The parties agree that meaningful consultation on the development of job evaluation standards shall take place within thirty (30) days of the signing of this collective agreement. New job evaluation standards shall be completed no later than December 30, 2017, for TB Ministers’ consideration toward the objective of negotiating new pay lines for these job evaluation standards in the subsequent collective agreement.

The Employer is committed to complete and finalize the review and redesign of the PA occupational group structure (OGS), including the development of job evaluation standards for the PA Occupational Group.

The parties agree that the job evaluation standards are to be consistent with the application of gender neutral job evaluation principles and practices and will follow the requirements under the Canadian Human Right Act, or subsequent pay equity legislation applicable to employees in the federal public service.

The Employer is committed to engaging in meaningful consultation with the Alliance. Meaningful consultation on Classification Reform will include consultation with the Alliance on the development of job evaluation standards which reflect and evaluate, in a gender neutral manner, the work performed by employees in the PA Occupational Group.

The Employer agrees to pay to all employees in the bargaining unit, a pensionable lump sum payment of three hundred and thirty-three dollars ($333) per month, paid bi-weekly, for all months from June 2018 onwards until the completion of the new job evaluation standards, the negotiation of new wage rates as set out below, and the implementation of the new wage rates.

Upon completion of the new job evaluation standards, the Alliance agrees to meet with the Employer to negotiate the new pay rates and rules affecting the pay of employees on their movement to the new pay lines.

1. In an effort to increase retention of all all compensation advisors at the AS-01, AS-02 and AS-03 group and levels employees involved with the performance of Compensation and Benefits duties, working at the Public Service Pay Centre (including satellite offices) and within departments, the Employer will provide a “retention allowance” for the performance of compensation duties in the following amount and subject to the following conditions:

   1. Commencing on the date of signing of this collective agreement and ending with the signing of a new agreement, employees falling into the categories listed above all such employees shall be eligible to receive an allowance to be paid biweekly;
   2. Employees shall be paid the daily amount shown below for each calendar day for which they are paid pursuant to Appendix A of the collective agreement. This daily amount is equivalent to the annual amount set out below divided by two hundred and sixty decimals eight eight (260.88);

      Retention allowance
      Annual	Daily
      $3,500 $2,500	$13.42 $9.58

   3. The retention allowance specified above forms part of an employee’s salary and as such shall be pensionable
   4. The retention allowance will be added to the calculation of the weekly rate of pay for the maternity and parental allowances payable under Article 38 and Article 40 of this collective agreement;
   5. Subject to (f) below, the amount of the retention allowance payable is that amount specified in paragraph 1(b) for the level prescribed in the employee’s certificate of appointment. of the employee’s AS-01, AS-02 or AS-03 position;
   6. When an employee as defined in clause 1 above is required by the Employer to perform duties of a classification level that does not have a retention allowance, the retention allowance shall not be payable for the period during which the employee performs the duties.
2. A part-time employee receiving the allowance shall be paid the daily amount shown above divided by seven decimal five (7.5), for each hour paid at their hourly rate of pay.
3. An employee shall not be entitled to the allowance for periods he/she is on leave without pay or under suspension.
4. This Memorandum of Understanding expires with the signing of a new collective agreement.

A memorandum of understanding (MOU) in respect of incentives for the recruitment and retention of Compensation Advisors was reached between the Treasury Board Secretariat and the Public Service Alliance of Canada on August 25, 2017. Pursuant to the MOU, Compensation Advisors eligible for the Compensation Advisors Retention Allowance under Appendix J of the Program and Administration Services (PA) collective agreement are eligible to receive temporary incentive payments until June 1, 2018.

This Memorandum amends and extends by one (1) year the eligibility provisions identified in part ’A- Incentives’ of the August 25, 2017 MOU and makes other changes to eligibility provisions as specified in the following sections. For greater clarity, nothing in this MOU shall suggest that employees can receive incentive payments that cumulatively exceed $4,000, as a result of eligibility under this or the previous MOU.

The Employer will provide incentives to new recruits, retirees and incumbents of compensation advisor positions for the performance of compensation and benefit duties in the PA Group.

The Employer recognizes the importance of this MOU and the need to encourage separate agencies to consider initiatives for Compensation Advisors in their organizations that take into account their specific circumstances. The Employer will accordingly provide such encouragement to separate agencies and will provide the union with confirmation of the same.

Incentives

1. One-time incentive payment

Current Employees as of August 25, 2017 (i.e., considered ’current Employees’ under the August 25, 2017 MOU) who received a portion of the two $2,000 lump sum payments will be eligible to receive any remaining amount up to the $4,000 limit, providing they are employed for twelve months either continuously or discontinuously since August 25, 2017.

New Recruits hired on or after June 1, 2018 and prior to June 1, 2019, will receive the incentive payment after completing a one (1) year period of continuous employment.

Retirees who come back to work as Compensation Advisors on or after June 1, 2018 and prior to June 1, 2019, will earn the incentive payment through pro-rated payments over a six (6) month contiguous or non-contiguous period of employment, starting upon commencement of employment. The full amount of the incentive payment will be pro-rated to the period worked up to a maximum period of six (6) months, and paid in increments on a bi-weekly basis. The qualifying period to receive the incentive payment is shorter than the qualifying period for new recruits in recognition of the experience a retiree will contribute to the operations immediately upon hiring.

Part-time employees. Part-time who received a portion of the $4,000 incentive payment under the previous MOU will be eligible for the remaining portion. This amount will be paid on a pro-rata basis up to the $4,000 threshold, based on actual hours worked.

Employees commencing maternity/parental leave who qualify for the incentive payment shall be eligible for a prorated amount based on the portion of a year worked on or after August 24, 2017 and before commencement of their Maternity/Parental leave, less any amounts of the $4,000 already received. This prorated amount will be payable immediately before the relevant period of leave commences, subject to notice provisions in 38.01(f) and 40.01(e) of the collective agreement.

Time on Maternity/Parental leave will count toward satisfying the twelve (12) month employment requirement for the incentive payment, and such entitlements will be payable as soon as 1) the employee returns from the relevant period of leave and 2) the twelve (12) month employment period has been satisfied. For greater certainty, no payment made pursuant to this clause will be made in such a way that it interferes with an entitlement to employment insurance or other benefits. Any entitlement accumulated pursuant to this clause during Maternity/Parental leave will be subject to the 38.02(iii) and 40.02(iii) repayment undertaking.

Acting employees. Employees who are acting in an AS-04 Compensation position will be eligible for the $4,000 payment, provided they are eligible for the Compensation Advisor Retention Allowance in their substantive position.

2. Overtime

Overtime shall be compensated at double (2) time for overtime worked during the period between June 1, 2018 and June 1, 2019.

• 3. (a) Carry-over and/or liquidation of vacation leave
  1. Where, in the vacation year 2018-2019, an employee has not been granted all of the vacation leave credited to the employee, the unused portion of their vacation leave on March 31, 2019 shall be carried over into the following vacation year.
  2. If on March 31, 2020, an employee has more than two hundred and sixty-two decimal five (262.5) hours of unused vacation leave credits, a minimum of seventy-five (75) hours per year of the excess balance shall be granted or paid in cash, in accordance with the employee’s choice, by March 31 of each year commencing March 31, 2020, until all vacation leave credits in excess of two hundred and sixty-two decimal five (262.5) hours have been liquidated. Payment shall be in one (1) instalment per year and shall be at the employee’s daily rate of pay, as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on March 31, 2019.
• (b) Compensation in cash or leave with pay

All compensatory leave earned in the fiscal years 2016–17 and 2017–18 and outstanding on September 30, 2018, shall not be paid out, in whole or in part, other than at the request of the and with the approval of the Employer. Should the employee request accumulated compensatory leave be paid out on September 30, 2018, it will be paid out at the employee’s hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position on September 30, 2018.

All compensatory leave earned in the fiscal year 2018–19, shall not be paid out, in whole or in part, other than at the request of the employee and with the approval of the Employer. For greater clarity, the provisions of article 34.01 of the collective agreement remain applicable. Should the employee request accumulated compensatory leave be paid out on September 30, 2019, it will be paid out at the employee’s hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position on September 30, 2019.

4. Conclusion

The Employer shall make all reasonable efforts to process payments provided under this extension within 150 days following its signature. The union does not waive any liability for implementation delays related to new or previous failures of the phoenix pay system or to related HR - Pay procedures.

The parties agree that the terms of this MOU will not be affected by any notice to bargain served under section 106 of the Federal Public Sector Labour Relations Act. As such, the terms and conditions set out in this MOU will cease on the dates indicated in the MOU and will not be continued in force by the operation of s. 107.

Prior to June 1, 2019, the Parties may agree, by mutual consent, to further extend the limitation periods set out in this MOU, based on an assessment of working conditions, recruitment and retention issues with Compensation Advisors and the need to continue to provide for increased capacity.

The Parties recognize that an extension of clauses 1, 2 and 3 is made without prejudice or precedent and will in no way bind the Parties to any particular position that they may wish to take on overtime, carry-over and/or liquidation of vacation leave or compensation in cash or leave with pay issues during any round of collective bargaining.

Signed At Ottawa, this first day of June 2018.

This Memorandum of Understanding is to give effect to an agreement reached between Treasury Board of Canada and the Public Service Alliance of Canada with respect to parole officer caseload.

The parties recognize that there may be different requirements and job responsibilities for parole officers who work in community correctional centres, who work in community parole offices, and who work in correctional institutions.

The parties therefore agree to have meaningful consultations during regular meetings of the Institutional Workload Review Steering Committee and the Community Parole Officer Resource Formula National Working Group.

The Employer agrees to share the results of its institutional workload review survey and its expenditure review with the Union representatives on the Steering Committee and the Working Group and to consult meaningfully on the establishment of reasonable caseloads for parole officers and other issues relating to parole officer workload.

Stoppage of pay and allowances will only be invoked in extreme circumstances when it would be inappropriate to pay an employee.

Each case will be dealt with on its own merits and will be considered when the employee is:

1. in jail awaiting trial, or
2. clearly involved in the commission of an offence that contravenes a federal Act or the Code of Conduct, and significantly affects the proper performance of his/her duties. If the employee’s involvement is not clear during the investigation, the decision shall be deferred pending completion of the preliminary hearing or trial in order to assess the testimony under oath.

1. The Employer will provide an annual allowance to incumbents of Program Administration (PM) Group positions at the PM-05 to PM-06 levels for the performance of their duties as fishery officers.
2. The parties agree that PM employees shall be eligible to receive the annual allowance in the following amounts and subject to the following conditions:
   1. Commencing on June 22, 2018, PM employees who perform duties of positions identified above, shall be eligible to receive an annual allowance to be paid biweekly.
   2. The allowance shall be paid in accordance with the following table:

      Annual allowance: Program Administration (PM) Positions	Annual allowance
      PM-05	$3,000
      PM-06	$3,000

   3. The allowance specified above does not form part of an employee’s salary.
3. An employee in a position outlined above shall be paid the annual allowance for each calendar month for which the employee receives at least seventy-five (75) hours’ pay.
4. Part-time employees shall be entitled to the allowance on a pro-rata basis.