FPSLREB Decisions

Introduction

1 The Terms of Reference of this Arbitration Board were established by the Chair of the Public Service Labour Relations Board (the “PSLRB”) on November 20, 2013 (2013 PSLRB 147). Supplementary Terms of Reference were issued by the Chair of the PSLRB on March 19, 2014 (2014 PSLRB 35).

2 Prior to the establishment of the Arbitration Board, the parties came to an agreement on a number of matters in dispute. The parties requested that the Arbitration Board include these resolved issues in this Award. Those agreed-upon articles are included in an appendix to this Award.

Bargaining History

3 The Collective Agreement for the RC/RCO Group expired on July 19, 2011. The bargaining agent served notice to bargain on July 18, 2011. The parties exchanged proposals on October 27 and 28, 2011. Bargaining occurred on January 20-21, June 28-29 and October 30, 2012. The bargaining agent filed a request for the establishment of an Arbitration Board on March 19, 2013.

The Employer and the Bargaining Units

4 The NRC is a separate agency of the federal government (under Schedule V of the Financial Administration Act). The NRC's mandate includes undertaking, assisting or promoting scientific research, publishing scientific information and operating astronomical observatories.

5 The RO/RCO Group is composed primarily of scientific researchers and also includes employees in the areas of engineering, mathematics, business development and policy analysis. There are approximately 1,400 employees in the bargaining unit.

Agreement of the Parties on Issues in Dispute

6 The parties agreed to a duration of the collective agreement of three years. Consequently, the Collective Agreement will expire on July 19, 2014.

7 In addition, the parties agreed to the following, which form part of this Award as Appendix 585-09-52, 57 and 58:

• Article 31.03 – Information
• Article 18.01(b) – Vacation Leave (inclusion of military service)
• Article 20.14 – Leave without Pay for Care of Immediate Family
• Article 26.03 – NJC Agreements
• Article 16.03 – Religious Observance
• Article 35 – Workforce Adjustment

Issues in Dispute

8 In reaching a determination on the issues in dispute, the Arbitration Board is governed by section 148 of the Public Service Labour Relations Act:

148. In the conduct of its proceedings and in making an arbitral award, the arbitration board must take into account the following factors, in addition to any other factors that it considers relevant:

(a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians;

(b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the arbitration board considers relevant;

(c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service;

(d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and

(e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances.

9 The Arbitration Board has considered all of these factors in reaching its determination on the matters at issue.

Severance Pay for Voluntary Termination – Article 25

10 The NRC proposed the elimination of the accrual of severance benefits in the event of voluntary departures (resignation and retirement), effective the date of signing of the collective agreement. The employer proposal would preserve current entitlements and allow employees to cash-out some or all of severance or to defer collecting the current entitlement until departure from the NRC. As part of this proposal, the employer proposes an additional wage increase of 0.25% in 2011 and 0.5% in 2013, an increase in the amount of severance pay in the event of layoff and an increase in the amount of leave for bereavement and family responsibilities. In addition, the NRC proposed the addition of the following clause to clarify that severance payouts are included in Workforce Adjustment calculations under the NRC Workforce Adjustment Policy. The proposed article reads as follows:

ARTICLE 25: SEVERANCE PAY

Effective DATE OF SIGNING OF NEW COLLECTIVE AGREEMENT, clauses 25.08 and 25.09 are deleted from the collective agreement.

25.01 General

For the purpose of determining the amount of severance pay to which an employee is entitled under this Article the employee’s years of continuous service shall be reduced by any period of continuous service in respect of which the employee was already granted termination benefits such as severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Public Service, a federal crown corporation, the Canadian Armed Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under Article 25 be pyramided.

25.02

For greater certainty, payments made pursuant to 25.14 to 25.17 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.  This payment shall also be included in Workforce Adjustments (WFA) calculations with respect to the maximum total lay-off benefits to which a surplus employee is entitled under the NRC WFA Policy.

25.03 25.11

The weekly rate of pay referred to in this article the above clauses shall be the weekly rate of pay to which the employee is entitled for his/her substantive classification on the date of the termination of his/her employment.

25.04 25.02  Lay-off

In the event that the Council decides that layoff of one or more employees is necessary, the parties agree to consult jointly prior to the implementation of lay-off procedures.

25.05 25.03

An employee who has one (1) year or more of continuous service and who is laid off is entitled to be paid severance pay at the time of lay-off.

25.06 25.04

Subject to clause 25.01, in the case of an employee who is laid-off for the first (1^st) time, the amount of severance pay for the first (1^st) complete year of continuous service shall be two (2) weeks' pay, or three (3) weeks’ pay for employees with ten (10) or more and less than twenty (20) years of continuous service, or four (4) weeks’ pay for employees with twenty or more years of continuous service, plus for the first and one (1) week's pay for each additional succeeding complete year of continuous service and in the case of a partial year of continuous service, one (1) week’s pay multiplied by the number of days of continuous service employment divided by three hundred and sixty-five (365).

25.07 25.05

Subject to clause 25.01, in the case of an employee who is laid-off for a second (2^nd) or subsequent time, the amount of severance pay shall be one (1) week's pay for each completed year of continuous service and in the case of a partial year of continuous service employment, one (1) week’s pay multiplied by the number of days of continuous service employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted severance pay under 25.06 25.04 above.

25.08 25.06  Resignation

Subject to clauses 25.01 and 25.09 25.07, an employee who has ten (10) or more years of continuous service is entitled to be paid on resignation from the Council severance pay equal to the amount obtained by multiplying half of the employee's weekly rate of pay on effective date of resignation by the number of completed years of continuous service to a maximum of twenty-six (26) with a maximum benefit of thirteen (13) weeks’ pay.   e Except that clause 25.08 25.06 shall not apply to an employee who resigns to accept employment in the Public Service or a federal crown corporation that accepts the transfer of leave credits.

25.09 25.07  Retirement

Subject to clause 25.01, on termination of employment:

(a)  an employee who 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, or

(b)  a part-time employee, who regularly works more than twelve (12) hours but less than thirty (30) hours a week, and who, if he/she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he/she were a contributor under the Public Service Superannuation Act, shall be paid a severance payment in respect of the employee's complete period of continuous service, comprised of one (1) week's pay for each complete year of continuous service and, in the case of a partial year of continuous service, one (1) week's pay multiplied by the number of days of continuous service divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.

25.10 25.08 Death

Subject to clause 25.01, regardless of any other benefit payable, if an employee dies, there shall be paid to the employee’s estate a severance payment in respect of the employee's complete period of continuous service, comprised of one (1) week's pay for each complete year of continuous service and, in the case of a partial year of continuous service, one (1) week's pay multiplied by the number of days of continuous service divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.

25.11 25.09  Release for Incapacity or Incompetence

(a) Subject to clause 25.01, when an employee is released for incapacity, the amount of severance pay on termination of employment shall be one (1) week's pay for each complete year of continuous service with a maximum benefit of twenty eight (28) weeks’ pay;

(b) Subject to clause 25.01, when an employee, who has completed more than ten (10) years of continuous service employment, is released for incompetence, the amount of severance pay on termination of employment shall be one (1) week's pay for each complete year of continuous service with a maximum benefit of twenty-eight (28)weeks' pay.

25.12 25.10  Rejection on Probation

Subject to clause 25.01, on rejection on during the probationary period, when an employee appointed to the continuing staff of the Council NRC has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a the probationary period, the employee shall be paid one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks.

25.13 25.11  Appointment to another Public Service Employer

An employee who resigns to accept an appointment with an organization listed in Schedule I, IV and V of the Financial Administration Act shall be paid all severance payments resulting from the application of 25.08 (prior to DATE OF SIGNING OF NEW COLLECTIVE AGREEMENT) or 25.14 to 25.17 (commencing DATE OF SIGNING OF NEW COLLECTIVE AGREEMENT).

25.14  Severance Termination

(a)     Subject to clause 25.01, indeterminate employees on DATE OF SIGNING OF NEW COLLECTIVE AGREEMENT 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.

(b)    Subject to clause 25.01, term employees on DATE OF SIGNING OF NEW COLLECTIVE AGREEMENT 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

25.15  Options

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

(a)     as a single payment at the rate of pay of the employee's substantive position as of DATE OF SIGNING OF NEW COLLECTIVE AGREEMENT, or

(b)    as a single payment at the time of the employee's termination of employment from the Council, based on the rate of pay of the employee's substantive position at the date of termination of employment from the Council, or

(c)     as a combination of (a) and (b), pursuant to 25.16(c).

25.16 Selection of Option

(a)     The Employer will advise the employee of his/her years of continuous employment no later than three (3) months following the official date of signing of the collective agreement.

(b)    The employee shall advise the Employer of the term of payment option selected within six (6) months from the official date of signing of the collective agreement.

(c)     The employee who opts for the option described in 25.15(c) must specify the number of complete weeks to be paid out pursuant to 25.15(a) and the remainder to be paid out pursuant to 25.15(b).

(d)    An employee who does not make a selection under 25.16(b) will be deemed to have chosen option 25.15(b).

25.17 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the RO/RCO bargaining unit from a position outside the RO/RCO bargaining unit where, at the date of appointment, provisions similar to those in 25.08 and 25.09 are still in force, unless the appointment is only on an acting basis.

(a)     Subject to clause 25.01, on the date an indeterminate employee becomes subject to this Agreement after DATE OF SIGNING OF NEW COLLECTIVE AGREEMENT, he/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/her substantive position on the day preceding the appointment.

(b)    Subject to clause 25.01, on the date a term employee becomes subject to this Agreement after DATE OF SIGNING OF NEW COLLECTIVE AGREEMENT, he/she shall be entitled to severance payment payable under 25.15(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/her substantive position on the day preceding the appointment.

(c)     An employee entitled to a severance payment under sub-paragraph (a) or (b) shall have the same choice of options outlined in 25.15, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.

11 The Arbitration Board awards the employer proposal. The resulting changes to leave provisions and the additional wage increases are included in the Award below.

Consultation – Article 6

12 The bargaining agent proposed the following new clauses 6.05, 6.06 and 6.07 addressing joint consultation committee meetings: 

6.05     The Consultation Committees shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Council’s premises during working hours.

6.06     Employees forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time and expenses, where applicable.

6.07     Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this collective agreement.

13 The Arbitration Board awards the bargaining agent proposal, with the elimination of the words “and expenses” in clause 6.06.

Leave for Labour Relations Matters (NEW)

14 The employer proposed a new article in the collective agreement regarding leave for labour relations matters:

Leave for Labour Relations Matters

Public Service Labour Relations Board Hearings

xx.01 Complaints Made to the Public Service Labour Relations Board Pursuant to Section 190 (1) of the Public Service Labour Relations Act

Where operational requirements permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190 (1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA, the Council will grant leave with pay:

(a) to an employee who makes a complaint on their own behalf before the Public Service Labour Relations Board,

and

(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute making a complaint.

xx.02   Applications for Certification, Representations and Interventions With Respect to Applications for Certification

Where operational requirements permit, the Council will grant leave without pay:

(a) to an employee who represents the Institute in an application for certification or in an intervention,

and

(b) to an employee who makes personal representations with respect to a certification.

xx.03 Employee Called as a Witness

The Council will grant leave with pay:

(a) to an employee called as a witness by the Public Service Labour Relations Board,

and

(b) where operational requirements permit, to an employee called as a witness by an employee or the Institute.

xx.04   Arbitration Board, Public Interest Commission Hearings and Alternative Dispute Resolution Process

Where operational requirements permit, the Council will grant leave with pay to an employee representing the Institute before an Arbitration Board, Public Interest Commission or an Alternative Dispute Resolution Process.

xx.05 Employee Called as a Witness

The Council will grant leave with pay to an employee called as a witness by an Arbitration Board, Public Interest Commission or an Alternative Dispute Resolution Process and, where operational requirements permit, leave with pay to an employee called as a witness by the Institute.

xx.06 Adjudication

Where operational requirements permit, the Council will grant leave with pay to an employee who is:

(a) a party to an adjudication,

or

(b) the representative of an employee who is a party to an adjudication,

or

(c) a witness called by an employee who is party to an adjudication.

Meetings during the Grievance Process

xx.07 Employee Presenting Grievance

Where operational requirements permit, the Council will grant to an employee:

(a) where the Council originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the headquarters area of such employee;

and

(b) where an employee who has presented a grievance seeks to meet with the Council, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

xx.08 Employee Who Acts as Representative

Where an employee wishes to represent at a meeting with the Council, an employee who has presented a grievance, the Council will, where operational requirements permit, grant leave with pay to the representative when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.

xx.09 Grievance Investigations

Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without pay when it takes place outside the headquarters area of such employee.

xx.10 Contract Negotiations Meetings

Where operational requirements permit, the Council will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.

xx.11 Preparatory Contract Negotiations Meetings

Where operational requirements permit, the Council will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

xx.12 Meetings between the Institute and Management

Where operational requirements permit, the Council will grant leave with pay to an employee to attend meetings with management on behalf of the Institute.

xx.13 Institute Meetings and Conventions

Where operational requirements permit, the Council will grant leave without pay to an employee to attend meetings and conventions provided in the Constitution and By-Laws of the Institute.

xx.14 Stewards Training Courses

(a) Where operational requirements permit, the Council will grant leave without pay to employees appointed as Stewards by the Institute, to undertake training sponsored by the Institute related to the duties of a Steward.

(b) Where operational requirements permit, the Council will grant leave with pay to employees appointed as Stewards by the Institute, to attend training sessions concerning Council-employee relations sponsored by the Council.

15 The Arbitration Board awards the employer’s proposal.

Overtime – Article 13

16 The employer proposed the following relating to the payment of compensatory leave credits earned through overtime:

13.06(c) Upon request by the employee and at the discretion of the Council, compensation earned under clause 13.06(b) and 13.07 may be taken in the form of compensatory leave at the appropriate overtime rate.  Compensatory leave credits earned in a fiscal year and outstanding by September 30 of the following fiscal year, will be liquidated by means of monetary compensation to the employee on the basis of one (1) hour’s pay at straight-time rate as calculated from the employee’s substantive position for each hour of compensatory leave credit so liquidated.

17 The Arbitration Board awards the employer proposal, as amended:

13.06(c) At the discretion of the employee, compensation earned under clause 13.06(b) and 13.07 may be taken in the form of compensatory leave at the appropriate overtime rate.  Compensatory leave credits earned in a fiscal year and outstanding by September 30 of the following fiscal year, will be liquidated by means of monetary compensation to the employee on the basis of one (1) hour’s pay at straight-time rate as calculated from the employee’s substantive position for each hour of compensatory leave credit so liquidated.

Travelling Time – Article 14.02

18 The employer proposed an addition to article 14.02 with regards to travelling time.

19 The Arbitration Board declines to award this proposal.

Travelling Time – Article 14.05

20 The employer proposed the following with regards to the payment of compensatory leave credits earned through travelling time pay:

14.05 Upon request by the employee and at the discretion of the Council, compensation earned under this article may be taken in the form of compensatory leave at the appropriate premium rate.  Compensatory leave credits earned in a fiscal year and outstanding by September 30 of the next following fiscal year, will be liquidated by means of monetary compensation to the employee on the basis of one (1) hour’s pay at straight-time rate as calculated from the employee’s substantive position for each hour of compensatory leave credit so liquidated.

21 The Arbitration Board awards the employer’s proposal, as amended:

14.05 At the discretion of the employee, compensation earned under this article may be taken in the form of compensatory leave at the appropriate premium rate.  Compensatory leave credits earned in a fiscal year and outstanding by September 30 of the next following fiscal year, will be liquidated by means of monetary compensation to the employee on the basis of one (1) hour’s pay at straight-time rate as calculated from the employee’s substantive position for each hour of compensatory leave credit so liquidated.

One Time Vacation Leave Entitlement – Article 18.17

22 The bargaining agent proposed that the one-time vacation leave allotment for two years of service be excluded from the calculation of vacation leave for the purposes of draw down and carryover maximums. It proposed the following sentence to be added to clause 18.17:

The vacation leave credits provided in paragraph 18.17 above shall be excluded from the application of clause 18.11 (Appendix B) dealing with Carry-Over of Vacation Leave.

23 The Arbitration Board awards the bargaining agent proposal.

Vacation Leave Carry-Over Provisions (Appendix B)

24 The employer proposed moving the carry-over provisions contained in a Memorandum of Understanding (Appendix B) into the body of the collective agreement.

25 The Arbitration Board awards this proposal.

Bereavement Leave – Article 20.02

26 As part of its proposal on severance pay, the employer proposed an increase in the amount of bereavement leave from 5 consecutive calendar days to 7 consecutive calendar days.

27 The Arbitration Board awards the employer’s proposal.

Family-Related Responsibility Leave – Article 20.17

28 The employer agreed to the bargaining agent proposal to add three types of paid leave for family-related responsibilities, as part of its severance proposal:

(d) seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in clause xxx(c) above may be used:

i) to attend school functions, if the supervisor was notified of the functions as far in advance as possible;

ii) to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;

iii) 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.

29 The Arbitration Board awards this proposal.

Rates of Pay (Schedule 1)

30 The bargaining agent proposed the following wage increases: effective July, 20, 2011 - 1.75%; effective July 20, 2012 - 1.5%; effective July 20, 2013 - 2.0%.

31 The employer proposed wage increases of 1.5% per year in each of 2011, 2012 and 2013. However, as noted above, the employer proposed an additional 0.25% in 2011 and 0.5% in 2013 as part of its severance proposal.

32 The Arbitration Board awards the following wage increases:

• Effective July 20, 2011: 1.75%
• Effective July 20, 2012: 1.5%
• Effective July 20, 2013: 2.0%

Terminable Allowance (TA) (Appendix A)

33 The bargaining agent proposed an increase in the Terminable Allowance (TA) from $8,000 to $8,500, effective July 20, 2011. In addition, the bargaining agent proposed that the TA be rolled into base salary, effective July 20, 2011.

34 The Arbitration Board awards an increase in the TA to $8,500, effective July 20, 2013 and the rolling-in of the TA into base salary effective the same date. The Arbitration Board determines that the roll-in of the TA to salary will be done prior to the calculation of the economic increase for 2013.

35 The bargaining agent also proposed the removal of the double bar from the SRO/RCO-4 pay line and a decrease in the dwell periods for levels SRO/RCO-4 and PRO/RCO-5.

36 The Arbitration Board declines to award this proposal.

Implementation Period

37 The PSLRA requires the implementation of the provisions of a collective agreement within 90 days after the date it is signed, “or any longer period that the parties may agree to or that the Board, on application by either party, may set” (section 117). In light of the roll-in of the TA, the Arbitration Board has determined that the implementation period shall be 150 calendar days, for the implementation of this collective agreement only.

38 The Arbitration Board shall remain seized of this matter for a period of four weeks from the date of this award, in the event that the parties encounter any difficulties in its implementation.

Ian R. Mackenzie

For the Arbitration Board

May 1, 2014

___________________________________________________________________________________________

Appendix 585-09-52, 57 and 58
Annexe 585-09-52, 57 et 58

Agreed to language between NRC and PIPSC for IS, LS and RO/RCO groups to be included in Arbitral award with PSLRB.

1. Information:  IS: 8.02, LS: 13.02 and RO/RCO: 31.03:

The Council agrees to supply each employee with a copy of the collective agreement and every amendment thereto.   For the purpose of satisfying the Employer's obligation under this clause, employees may be given electronic access to this Agreement. Where electronic access to the Agreement is unavailable or impractical, the employee shall be supplied, on request, with a hard copy of the Agreement.

Le Conseil convient de remettre à chaque employé un exemplaire de la convention collective et de toute modification apportée. Pour satisfaire à l’obligation qui incombe à l’employeur en vertu du présent paragraphe, on peut donner aux employés le moyen d’avoir accès à la convention collective en mode électronique. Dans les situations où l’accès électronique n’est pas disponible, n’est pas pratique ou encore sur demande, l’employé reçoit une copie imprimée de la présente convention.

2. Vacation Leave (inclusion of military service):  IS: 17.01(b), LS: 24.01(b), RO/RCO: 18.01(b):

For the purpose of clause [17.02 IS, TR] [24.02 LS] [18.02 RO/RCO] only, effective 1 April 2012 on a go forward basis, any former service in the Canadian Forces for a continuous period of six months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall be included in the calculation of vacation leave credits, once verifiable evidence of such service has been provided in a manner acceptable to the Council

Aux fins du paragraphe [17.02 IS, TR] [24.02 LS] [18.02 AR/ACR] seulement, toute période de service antérieure d'au moins six mois consécutifs dans les Forces canadiennes, à titre de membre de la Force régulière ou de membre de la Force de réserve en service de classe B ou C, doit être prise en compte dans le calcul des crédits de congé annuel, et ce, à compter du 1^er avril 2012 et a l’avenir, et une fois qu'une preuve vérifiable de cette période de service a été fournie d'une manière jugée acceptable par le Conseil.

3. Leave without Pay for care of Immediate Family:  IS: 19.17(d), LS: 26.11(d), RO/RCO: 20.14(d):

(d)       Compassionate care

(i)  Notwithstanding the definition of " immediate family" found in clause 19.17 (b) and notwithstanding paragraphs 19.17 c) (ii) and (iv) above, an employee who provides the NRC with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt of or awaiting these benefits.

(ii)        Leave granted under this clause may exceed the five (5) year maximum provided in paragraph 19.17 c) (iii) above only for the periods where the employee provides the Council with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.

(iii)       When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.

(iv)  When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits has been denied, paragraphs (i) and (ii) above cease to apply.

Renumber sub-clauses (d) to (g) to (e) to (h)

d)        Congé de compassion

(i)        Nonobstant la définition de « proche famille » à la clause 19.17 b) et nonobstant les paragraphes 19.17 c) ii) et iv) ci-dessus, un employé qui fournit au Conseil une preuve de réception ou d'attente de prestations de compassion de l'assurance-emploi (a.-e.) peut se voir accorder un congé pour une période de moins de trois (3) semaines, pendant qu'il ou elle reçoit ou est en attente de ces prestations.

(ii) La période du congé accordée en vertu de cette clause peut dépasser la période maximale de cinq (5) ans, comme il est mentionné au paragraphe 19.17 c) (iii) ci-dessus, seulement pendant la période où l'employé fournit à l'Employeur une preuve de réception ou d'attente de prestations de compassion de l'assurance-emploi (a.-e.).

(iii) Un employé qui est en attente de prestations de compassion de l'assurance-emploi (a.-e.) doit fournir à l'Employeur une preuve que la demande a été acceptée lors qu'il (elle) en est avisé(e).

(iv) Si la demande de prestations de compassion de l'assurance-emploi (a.-e.) d'un employé est refusée, les paragraphes (i) et (ii) ci-dessus cessent de s'appliquer à compter du jour où l'employé en est avisé(e).

Renuméroter les sous-articles (d) à (g)  à (e) à (h)

4. NJC Agreements : IS: 30.03, LS : 33.03, RO/RCO : 26.03:

The following directives, as amended from time to time by National Joint Council recommendation and which have been approved by the National Research Council Canada, form part of this Agreement:

Bilingualism Bonus Directive

Commuting Assistance Directive

Occupational Health and Safety Directive

Hazardous Substances Directive

Personal Protective Equipment and Clothing Directive

Integrated Relocation Directive

Travel Directive

Les directives suivantes, mises à jour par les recommandations du Conseil national mixte et approuvées par le Conseil national de recherches Canada font parties de cette entente :

Directive sur la prime au bilinguisme

Directive sur l’aide au transport quotidien

 

Directive sur la santé et la sécurité au travail

Directive sur les substances dangereuses

Directive sur l’équipement et les vêtements de protection individuelle

Directive sur la réinstallation

Directive sur les voyages

5. Religious Observance: IS: 31.03, LS: 22.03, RO/RCO: 16.03:

Notwithstanding clause [IS: 31.02, LS: 22.02, RO/RCO: 16.02], at the request of the employee and at the discretion of the Council, time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months the same fiscal year the time off with pay is taken. at times agreed to by the Council. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Council.

Nonobstant le paragraphe [IS: 31.02, LS: 22.02, RO/RCO: 16.02], à la demande de l'employée et à la discrétion du Conseil, du temps libre payé peut être accordé à l'employée afin de lui permettre de remplir ses obligations religieuses. Pour compenser le nombre d'heures payées ainsi accordé, l'employée devra effectuer un nombre équivalent d'heures de travail dans une période de six (6) mois  la même année financière ou le congé payé est utilisé, au moment convenu par le Conseil. Les heures effectuées pour compenser le temps libre accordé en vertu du présent paragraphe ne sont pas rémunérées et ne doivent pas entraîner aucune dépense additionnelle pour le Conseil.

6. Workforce Adjustment Policy : RO/RCO group:

NEW:

35.01

The NRC Workforce Adjustment Policy shall form  part of this collective agreement and shall be reviewed and negotiated by the signatories to the Policy  in accordance with the terms and conditions described in the Policy.

35. 01

La Politique sur le réaménagement des effectifs du CNRC fait partie de la présente convention collective et devra être révisée et négociée par les signataires à la politique conformément aux modalités décrites dans la politique.