FPSLREB Decisions

I. Application before the Board

1 On June 20, 2011, the Public Service Alliance of Canada ("the bargaining agent") served notice to bargain on the House of Commons ("the employer") on behalf of the Postal Services Sub-Group in the Administrative Support Group bargaining unit ("the bargaining unit") under section 37 of the Parliamentary Employment and Staff Relations Act, R.S.C. 1985, c. 33 (2^nd supp.) (PESRA). The last collective agreement for this bargaining unit expired on June 30, 2011.

2 The bargaining unit comprises approximately 29 employees. The bargaining unit certificate was issued by the Public Service Staff Relations Board on September 30, 1987.

3 There are three job titles in the bargaining unit: mail clerk (approximately 9 employees); mail processing clerk (approximately 4 employees); and postal, distribution, stationary clerk/counter (approximately 15 employees). Mail clerks and postal, distribution, stationary clerk/counter employees work exclusively on Parliament Hill and work directly with Members of Parliament, their staff and House of Commons administration. At present, employees in both groups work out of one of six counter units located in buildings across the Parliamentary Precinct.

4 Mail clerks are responsible for the distribution and collection of internal mail to and from Members of Parliament and House of Commons staff. Postal, distribution, stationary clerk/counter employees are responsible for a number of tasks, including postal and distribution counter services related to the sale of postage, special mail and stationary supplies, the ordering of supplies as well as the handling of sensitive documents (such as passport applications) for Members of Parliament and House of Commons staff.

5 Mail processing clerks work primarily in the House of Commons' postal office housed at 151 Sparks Street. They are responsible for the packaging, bundling and sorting of all mail items going into and out of the Parliamentary Precinct.

6 The parties met for four negotiation sessions from December 13, 2011, to May 29, 2012.  On November 23, 2012, the bargaining agent filed for arbitration under section 50 of the PESRA. The employer submitted its additional matters in dispute on November 29, 2012. On December 3, 2012, the bargaining agent provided its position on the additional terms and conditions of employment that the employer wished to refer to arbitration.

7 The terms of reference for the arbitration board deemed to form the Public Service Labour Relations Board ("the Board") were forwarded to the Board members by the A/Chairperson of the Public Service Labour Relations Board on January 24, 2013.

8 On May 15, 2013, the Board was informed that the bargaining agent was withdrawing its proposals "… concerning Article 6 (Recognition), Article 35 (Job Security) and a new Article (sic) 7.05 (Employee Representatives)…"

9 At the outset of the hearing on June 5, 2013, the parties informed the Board that negotiations had resumed and that they were attempting to resolve all outstanding issues on their own. Shortly thereafter, the Board was informed that the parties had reached an agreement and they asked that a consent award be issued. Accordingly, the following is the Board's consent order on all the outstanding issues between the parties.

II. Consent Order

ARTICLE 7

EMPLOYEE REPRESENTATIVES

7.04 Except for cases of an urgent nature, a representative shall obtain the permission of their immediate supervisor at least 24 hours before leaving their work to investigate employee complaints, to meet with local Management for the purpose of dealing with grievances and to attend meetings called by Management and for any other meetings or hearings specified in Article 12. In emergency situations, Management will make every reasonable effort to waive the notice period provided herein. Permissions provided in this clause shall not be unreasonably withheld. Where practicable, the representative shall report back to their supervisor before resuming their normal duties.

ARTICLE 20

OTHER LEAVE WITH OR WITHOUT PAY

20.02 Bereavement Leave with Pay

For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse or common-law spouse (including common-law spouse resident with the employee), child (including child of common-law spouse), step-child or ward of the employee, grand-child, father-in-law, mother-in-law, grand-parent and relative permanently residing in the employee's household or with whom the employee permanently resides.

3. An employee is entitled to one (l) day's bereavement leave with pay for the purpose related to the death of the employee's grandparent, grandchild, son-in-law, daughter-in-law, brother-in-law or sister-in-law.

20.15 Marriage Leave with Pay

1. After the completion of one (l) year's continuous employment at the House of Commons, and providing an employee gives the Employer at least five (5) working days' notice, the employee shall be granted five (5) consecutive working days' leave with pay for the purpose of getting married.
2. For an employee with less than two (2) years of continuous employment, in the event of termination of employment for reasons other than death or lay-off within six (6) months after the granting of marriage leave, an amount equal to the amount paid the employee during the period of leave will be recovered by the Employer from any monies owed the employee.

NEW PROVISION

20.15 One-time Vacation Leave Credit

1. Employees with less than two (2) years of continuous employment and all new employees shall be credited a one-time entitlement of thirty-five (35) hours of vacation leave with pay upon reaching two years of continuous House of Commons employment.
2. Transitional Provisions
   
   Employees with more than two years of continuous House of Commons employment shall be credited a one-time entitlement of thirty-five (35) hours of vacation leave with pay.
3. The vacation leave credits provided in clauses 20.15 (a) and (b) above shall be excluded from the carry-over of vacation leave provisions stipulated in clause 18.08.

20.16 Volunteer Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each calendar year, a single period of up to 7 hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the employee may request.

REPLACED WITH

20.16 Personal Leave

Subject to operational requirements, as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each calendar year, a single period of up to seven (7) hours of leave with pay for reasons of a personal nature.

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

ARTICLE 23

SEVERANCE PAY

Effective on July 2, 2013, article 23.01 (b) & (d) are deleted from the collective agreement.

23.01  Under the following circumstances and subject to clause 23.02, an employee shall receive severance benefits calculated on the basis of their weekly rate of pay:

1. Lay-off
   1. On the first lay-off two (2) weeks' pay for the first complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment.
   2. On second or subsequent lay-off one (1) week's pay for each complete year of continuous employment less any period in respect of which the employee was granted severance pay under 23.01 (a) (i) above.
   1. On the first (1^st) lay-off, for the first (1^st) complete year of continuous employment, two (2) weeks' pay, or three (3) weeks' pay for employees with then (10) or more and less than twenty (20) years of continuous employment, or four (4) weeks' pay for employees with twenty (20) or more years of continuous employment, plus one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
   2. On the second (2^nd) or subsequent lay-off, one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted severance pay under paragraph a)(i).
2. Resignation
   1. On resignation, subject to clause 23.01(d) and with ten (10) or more years of continuous employment, one-half (1⁄2) week's pay for each complete year of continuous employment with a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.
   2. Notwithstanding the above, for employees hired prior to July 8, 1985, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks' pay.
3. Rejection on Probation
   
   On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks' pay.
4. Retirement
   
   On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when the employee is entitled to an immediate annual allowance, under the Public Service Superannuation Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of thirty (30) weeks' pay.
5. Death
   
   When an employee dies, there shall be paid to the employee's estate, one (1) week's pay for each complete year of continuous employment to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
6. Termination for Incapacity
   
   The Employer agrees that an employee terminated from employment for incapacity shall, on termination of the employee's employment, be entitled to severance pay on the basis of one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks' pay.

23.02

1. For the purpose of this Article, all continuous employment shall count for the purpose of calculating severance pay.
2. The amount of severance pay shall be reduced by any period in respect of which the employee was already granted severance pay, retirement leave, or a cash gratuity in lieu thereof.

23.03
The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

For greater certainty, payments made pursuant to 23.04 to 23.08 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

23.04
An employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act shall be paid all severance payments resulting from the application of 23.01 (b) or 23.04 to 23.08.

23.05 Severance Termination

1. Subject to 23.01 (b) above, indeterminate employees on July 2, 2013 shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks.
2. Subject to 23.01 (b) above, term employees on July 2, 2013 shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.

Terms of Payment

23.06 Options

The amount to which an employee is entitled shall be paid, at the employee's discretion, either:

1. As a single payment at the rate of pay of the employee's substantive position as of July 2, 2013, or
2. As a single payment at the time of the employee's termination of employment based on the rate of pay of the employee's substantive position at the date of termination of employment, or
3. As a combination of (a) and (b), pursuant to 23.07 (c).

23.07 Selection of Option

1. The Employer will advise the employee of his or her years of continuous employment no later than three (3) months following July 2, 2013.
2. The employee shall advise the Employer of the term of payment option selected within six (6) months from July 2, 2013.
3. The employee who opts for the option described in 23.06 (c) must specify the number of complete weeks to be paid out pursuant to 23.06 (a) and the remainder to be paid out pursuant to 23.06 (b).
4. An employee who does not make a selection under 23.07 (b) will be deemed to have chosen option 23.06 (b).

23.08 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the Postal Services Sub-Group bargaining unit from a position outside the Postal Services Sub-Group bargaining unit where, at the date of appointment, provisions similar to those in 23.01 (b) and (d) are still in force, unless the appointment is only on an acting basis.

1. Subject to 23.02 above, on the date an indeterminate employee becomes subject to this agreement after July 2, 2013, he or she shall be entitled to severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
2. Subject to 23.02 above, on the date a term employee becomes subject to this agreement after July 2, 2013, he or she shall be entitled to severance payment payable under 23.06 (b), equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
3. An employee entitled to a severance payment under sub-paragraph (a) or (b) shall have the same choice of options outlined in 23.06, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.

ARTICLE 24

HOURS OF WORK AND OVERTIME

24.15 Transportation

An employee who meets one of the following criteria and has not been issued a House of Commons parking permit shall be provided with taxi fare when required, upon presentation of a receipt and approved by the Employer:

1. works overtime after public transportation has been suspended for the day, or
2. works four (4) hours overtime and leaves work after 22:00 hours.

ARTICLE 26

UNIFORM AND CLOTHING

26.01 All designated employees, on commencement of employment, shall receive an initial issue, at the Employer's expense, of the following items:

1. 5 pairs of trousers or skirts
2. 5 shirts or blouses
3. 1 pair of safety boots or shoes
4. 5 pairs of socks
5. 1 belt
6. 1 pullover
7. 1 winter jacket (for Mail Clerks only)
8. 1 pair of winter gloves (for Mail Clerks only)

26.03
(c) Items in 26.01 (a), (c) and (h) will be issued annually in the following quantity: (a) 3, (c) 1, with a second pair as required and (h) 1.

26.03
(e) Item 26.01 (g) will be issued every 2 years.  The Employer shall reimburse for one (1) dry cleaning per year for the winter jacket.

ARTICLE 38

DURATION

38.01 This collective agreement shall expire on June 30, 2011 2014.

38.02 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on November 9, 2011 the date of signature.

APPENDIX A

RATES OF PAY / UNIVERSAL SCALE

POSTAL SERVICES SUB-GROUP (PSG)

• Effective July 1st, 2011 – Economic Increase of 1.75%
• Effective July 1st, 2012 – Economic Increase of 1.5%
• Effective July 1st, 2013 – Economic Increase of 2%

Joseph W. Potter,
for the Board