CCC - Ratification Package - 2019
The parties tentatively agree to amend the collective agreement as follows:
ARTICLE C-5
MATERNITY AND PARENTAL LEAVE
C5.18 (a) For the first three (3) years of this agreement, an employee who elects to take their full seventy-eight (78) weeks of maternity and parental leave and who is entitled to a maternity allowance in accordance with C5.05(a) as well as a parental allowance in accordance with C5.14 (a) will be entitled to the following weekly maternity and parental allowance:
Total parental and maternity allowance = C5.05(a) + C5.14(a)
Week 78
(b) Recognizing that this agreement is signed in advance of the Core Public Administration. Effective the first day of the fourth year of this agreement, CCC agrees to adjust the maternity allowance (C5.05 a) and parental allowance (C5.14a) to those negotiated by the “AV Group” within the Core Public Administration during their current round of collective bargaining.
(c) All other provisions in Article C-5 shall continue to apply.
(d) The Corporation and the Institute agree to amend Article C-5 to ensure compliance with legislation prior to ratification.
ARTICLE C-12
MEDICAL AND DENTAL APPOINTMENTS
C12.01
(a) The Corporation will grant leave for up to half (1/2) a day to a total of fifteen (15) hours annually for medical and dental appointments without charge to the employee's leave credits. This applies only in the case of routine check-ups. Other therapeutic appointments are allowed under this Article if approved by the Corporation. This, however, applies only in the case of routine, periodic check-ups or an appointment related to a particular condition.
(b) Absences pertaining to appointments for a particular condition are to Where a series of continuing appointments is necessary for treatment of a particular condition, absences are to be charged to sick leave.
(c) An employee is expected to make reasonable efforts to schedule such appointments so as to minimize his/her absence.
ARTICLE E-1
STAFFING
E1.01 (a) The Corporation recognizes the need to provide career development opportunities to indeterminate employees within the context of the staffing procedures.
(b) The Bargaining Agent recognizes that under certain circumstances, the external labour market represents a valuable source of candidates to fill vacant or new positions at the Corporation, within the context of the staffing procedures.
E1.02 Staffing Preference
The Corporation agrees that it will not hire candidates from outside the Corporation unless there are no qualified internal candidates.
E1.03 Selection Process for Vacant and New Positions
(a) When the Corporation intends to fill a vacancy within the Bargaining Unit, the Corporation shall establish the position requirements for the position and provide a copy of the statement of qualifications and work description to the Bargaining Agent, for consultation and comment within 5 three (3) working days, prior to posting it in accordance with this Article.
(b) The notice of the posting referred to above shall contain the following information relevant to the position:
(i) classification/level
(ii) qualifications required
(iii) salary scale
(iv) work description
(v) status of position (determinate with duration or indeterminate)
(c) Vacancies shall be filled according to merit which means that the best person possible will be found for the various positions from the eligible candidates.
(d) When a term position is designated as an indeterminate one, it shall be considered a new position and posted in accordance with this article.
(e) Determinate positions shall be for a specific period of time for operational requirement. Determinate positions shall not be used as a substitute for probationary period.
(f) The normal duration of a determinate position should not exceed two (2) years. Upon consultation with the Bargaining Agent, for exceptional circumstances, the parties may agree to a longer duration.
E1.04 Posting and Selection
(a)
(i) An internal notice shall be posted for a period of ten (10) working days asking interested internal applicants to express their interest in the competition, with a copy provided to the Chair of the CCC Group.
(ii) Interested internal applicants wishing to be considered for a vacancy which may be posted during any authorized leave shall notify the Corporation of his/her interest and will provide a point of contact.
(iii) The Corporation shall make its best effort to notify in writing any interested internal applicant on travel status for the Corporation of any lateral or promotional vacancy which may be posted during their travel.
(b) Only applicants who respond on or before the expiry of the posting period and demonstrate that they meet the screening requirements of the position will be considered.
(c) The Corporation shall conduct a preliminary screening of applicants against the established requirements. Applicants who meet the screening requirements of the position will be considered for the remaining phases of the competitive process. The screening requirements such as education and experience shall be relevant to the position to be filled.
(d) Applicants who fail to meet the screening requirements of the job will be informed of the results of the preliminary screening in writing, prior to the completion of the remaining phases of the competitive process.
(e) Within five (5) working days of the date of appointment to a vacancy, the name of the successful applicant shall be announced in writing to all staff, and unsuccessful candidates shall be notified in writing of the results of the competition. An applicant may request an opportunity to discuss his/her performance in the competition. If such a request is made, Human Resources shall make every reasonable effort to schedule a meeting with the requesting employee within ten (10) working days to discuss his/her performance in the competition.
(f) Following consultation with the local union representative, The Corporation may post competitions internally and externally simultaneously. The Corporation agrees that it will not hire candidates from outside the Corporation unless there are no qualified internal candidates.
(g) Term employees who have been employed less than six (6) months shall not be eligible to apply for competitions as internal candidates.
(h) New employees who have been employed less than six (6) months with the Corporation shall not be eligible to apply for competitions.
(i) Any employee appointed to a position in the Corporation shall not be eligible to apply for competitions at the same classification during the first four (4) six (6) months of their appointment.
(j) If a vacant position is posted externally more than three four (4) months after being posted internally and/or if the screening requirements of a position are modified, the Corporation shall post a position internally again before posting it externally.
(k) In the event of a position being reposted within a period of four (4) months of its original posting, applicants who had applied and were found to be unsuccessful in the original competition are not eligible to reapply.
(l) In the event that a position is staffed and the incumbent leaves the position within four (4) months of appointment, the Corporation may select the next qualified candidate from the original competition. If the next qualified candidate is not available, the Corporation shall staff the position as per the process defined within this Article.
E1.05 Short Term Job Vacancies
(a) Determinate assignments or vacancies, or acting assignments of less than six (6) twelve (12) months duration or less shall not require posting. The name of the selected candidate will be announced to all staff within five (5) working days of the date of appointment to any assignment of a duration of two (2) months or longer.
(b) For the purpose of succession planning, building a more versatile workforce, and facilitating career development, the Corporation will consider opportunities to cross train employees using Short Term Job Vacancy arrangement of less than six (6) twelve (12) months or less where feasible. Employees may submit proposals on their Personal Learning Plan Form for consideration by the Corporation. Any arrangement proposed by the Corporation is subject to the agreement of the employee. Upon completion of any such arrangement, the employee will return to the position held before the arrangement began.
(c) The Corporation shall follow the staffing procedure established under this article for determinate assignments or vacancies, or acting assignments in excess of six (6) twelve (12) months duration, and shall consider qualified candidates from this group of applicants.
ARTICLE F-4
HEALTH AND WELLNESS
F4.01 (a) The parties recognize the mutual benefit in promoting employee wellness. To this end, the Corporation shall provide an employee with an annual health and wellness allowance of five hundred dollars ($500) at the beginning of each calendar year.
F4.01 (a) Health and wellness allowance shall be paid once per calendar year to a maximum amount of $500, upon the submission of receipts, for the following items:
Gym membershipsFitness instructionFitness equipmentDiet programsDietary/health counsellingSmoking cessation programs
F4.01 (b) The health and wellness expenditure must be incurred to promote employee wellness. The Corporation retains the rights to determine the appropriateness of an employee’s reimbursement request.
F4.01 (c) For calendar years 2014 and 2015CCC will make a $200 payment for each year to all bargaining unit members.
F4.01 (d) For calendar year 2016, for bargaining unit members who have previously made a Health and Wellness Allowance claim, on an exception basis, they will be able to make a second claim to a total maximum of $500.
ARTICLE G-3
DURATION
G3.01 This agreement, unless otherwise expressly stipulate, shall take effect on the date of ratification my both parties and shall expire on June 19, 2022 2021.
Appendix “A”
1.5% *on June 20, 2018,
1.5% *on June 20, 2019,
1.5% *on June 20, 2020,
2.5% on June 20, 2021.
*Recognizing that this agreement is signed in advance of the Core Public Administration and that, historically, CCC had attempted to align its economic increases with those of the Core Public Administration, CCC agrees to adjust the economic increases outlined above (June 20, 2018, June 20, 2019, June 20, 2020) to those negotiated by the “AV Group” within the Core Public Administration only in the event that those increases are greater than those stipulated above, in the following manner:
(a) The total economic increase over the term of the three year agreement (June 20, 2018, June 20, 2019, June 20, 2020) is 4.50%;
(b) In the event that the total economic increase over the three year term (June 20, 2018, June 20, 2019, June 20, 2020) for the “AV Group” exceeds 4.50% then the difference shall be applied to the rate of pay at June 20, 2020.
(c) It is acknowledged that compensation at CCC should be tailored to reflect that Employees at crown corporations operate in a different context than those in the broader public service.
(d) The AV group is not a direct comparator for the CCC group. In the future, there will be no expectation that Core Public Administration settlements must be established before economic increases are negotiated at CCC.
ARTICLE B-1
HOURS OF WORK
B1.08 When leave is taken by an employee working on a compressed schedule, the employee shall account for the difference in the hours between his or her normal compressed work day and the regular work hours granted by the Corporation for the various types of leave, except in clause C-4 Bereavement Leave, where a “day” means a calendar day. This includes designated holidays.
ARTICLE B-3
DESIGNATED PAID HOLIDAYS
B3.01 Subject to B3.02, the following days shall be designated holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) Victoria Day,
(e) Canada Day,
(f) Labour Day,
(g) Thanksgiving Day,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) The first Monday in August,
(l) Any additional day when proclaimed by an Act of Parliament as a national holiday.
B3.02 An employee absent without pay on both his/her full working day immediately preceding and his/her full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of C-18, Leave With or Without Pay for Bargaining Agent Business or Other Activities Under under the Canada Labour Code.
Renew MOU #2- Designated Paid Holidays
MEMORANDUM OF UNDERSTANDING #2
DESIGNATED PAID HOLIDAYS
In the event that PIPSC and Treasury Board agree to add another Designated Paid Holiday to the “AV Group” collective agreement during their current round of collective bargaining, the Corporation agrees to add said day to Article B3.01 of the collective agreement. The new Designated Paid Holiday shall become effective as of the date the Treasury Board/PIPSC collective agreement is ratified.
ARTICLE B-4
TRAVEL
B4.05 When an employee is required to travel, the employee shall be compensated as follows:
(a) On a normal working day
(i) regular pay for the day for the period of travel during regular scheduled working hours,
and
(ii) the applicable overtime rate for additional travel time in excess of regularly scheduled hours of work
(b) On a day of rest or on a designated paid holiday, the applicable overtime rate of pay.
(c) The Employer reserves the right to determine the timing and means of travel.
ARTICLE B-7
PROBATIONARY EMPLOYEES
B7.01 Probationary Period
A new employee will be considered on probation for a period of up to one (1) working year. Employment during probation will be credited to the employee for the calculation of continuous employment. During a probationary period the Employer shall not terminate an employee’s employment in an arbitrary, discriminatory or bad faith manner.
ARTICLE C-4
BEREAVEMENT LEAVE
C4.02 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, child, (including child of common-law spouse) stepchild or ward of the employee, father-in-law, mother-in-law, grandparent (including grandparent of spouse), grandchild, daughter-in-law, son-in-law, brother-in-law, sister-in-law, relative permanently residing in the employee's household or with whom the employee permanently resides, and any other relative for whom the employee has care-giving responsibilities.
ARTICLE C-6
LEAVE WITHOUT PAY FOR CARE-GIVING AND NURTURING RESPONSIBILITIES AND COMPASSIONATE CARE
C6.04
(a) An employee shall notify the Corporation in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave unless because of an urgent or unforeseeable circumstance such notice cannot be given.
(b) When an employee requests care-giving leave under C6.01 (b) or C6.01 (c) the Corporation reserves the right to request a certificate from a medical practitioner stating that long-term personal care is needed for the employee’s parents or spouse or common law partner.
ARTICLE C-7
LEAVE WITH PAY FOR FAMILY-RELATED RESPONSIBILITIES
C7.01 (a) For the purpose of this clause, family is defined as spouse, dependent children (including children of legal or common-law spouse), parents (including step-parents, or foster parents and parents of spouse), grandparents, or any relative permanently residing in the employee's household, or with whom the employee permanently resides.
(b) The Corporation shall grant leave with pay under the following circumstances:
(i) to attend a medical or dental appointment , or other health care, social services professional, or similar appointment when the dependent family member is incapable of attending the appointments by him or herself, or for appointments with appropriate authorities in schools or adoption agencies. An employee is expected to make reasonable efforts to schedule appointments for dependent family members to minimize his/her absence from work. An employee requesting leave under this provision must notify his supervisor of the appointment as far in advance as possible;
(ii) to provide for the temporary care of a sick member of the employee's family;
(iii) for needs directly related to the birth or to the adoption of the employee's child. This leave may be taken in two (2) periods on separate days.
(iv) to provide for the temporary care of a dependent family member when the primary care giver is unavailable due to unforeseen circumstances. This also applies to unexpected school closures for children aged fourteen (14) and under, or to children over the age of fourteen (14) who have special needs;
(v) to provide time for the employee to make alternative arrangements in the event of fire or flooding to the employee’s residence or other household emergencies;.
(vi) to attend school functions, if the supervisor was notified of the functions as far in advance as possible.
(vii) One (1) day out of the five (5) days stipulated in clause C7.01(c) below may be used;
I. to attend school functions, if the supervisor was notified of the functions as far in advance as possible;
II. 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 functions as far in advance as possible.
(c) The total leave with pay which may be granted under subclause (b) (i), (ii), (iii), (iv) , (v), (vi) and (vii) shall not exceed five (5) days in a vacation year.
(d) Should the Employee need additional time for the purpose of this Article, he can draw up to two (2) days from his accrued and unused sick leave credits.
ARTICLE C-11
LEAVE WITHOUT PAY FOR RELOCATION OF SPOUSE
C11.01 (a) At the request of an employee, leave without pay for a period of up to thirty (30) months shall be granted to an employee whose spouse is temporarily or permanently relocated. The Corporation may require proof of relocation before granting this leave.
ARTICLE C-16
LEARNING AND DEVELOPMENT LEAVE WITH PAY
C16.01 (a) Learning and development refers to an activity, which in the opinion of the Corporation, is likely to be of assistance to the individual in furthering his/her professional development and to the organization in achieving its goals. The following activities shall be deemed to be part of learning and development:
(i) a course given by the Corporation;
(ii) a course offered by a recognized academic institution;
(ii) a seminar, convention or study session in a specialized field directly related to the employee's work;
(iii) a language workshop, course, or to improve or attain language competencies.
….
(c) Employees on learning and development leave shall be reimbursed for all reasonable travel and other expenses according to the Travel, Hospitality, Conference & Events Expenditure Policy. Travel and other expenses are not included in the amounts considered in C16.01.
…
(e) The Corporation will fund an amount of $3,000 per employee, per year (no carry forward to subsequent fiscal years) for learning and professional development. The $3,000 funded amount will be allocated as follows: $1,500 will be based on the content of the employee’s Learning Plan and the Course Matrix developed by CCC; and $1,500 will be allocated for learning activities related to professional development identified by the employee, however employees could be granted additional amounts for Learning and Development activities at the discretion of the employer. All learning and development activities are subject to the approval of the Corporation the employee’s manager’s approval.
ARTICLE D-9
SUSPENSION AND DISCIPLINE
D9.01 When an employee is suspended from duty, the Corporation shall notify the employee and the Bargaining Agent in writing of the reason for such suspension.
D9.02 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him/her, the employee is entitled to have, at his/her request, a representative of the Bargaining Agent or, if preferred by the employee, a Steward or a member of the CCC Group Executive attend the meeting. The employee shall receive the minimum of one two (2) days’ written notice of such meeting with reasons for the meeting. If the Steward or a member of the CCC Group Executive of the employee’s choice is not available, the meeting shall be rescheduled. The unavailability of a Steward or a member of the CCC Group Executive shall not unduly delay the meeting.
On mutual consent, the Corporation and employee may schedule a meeting within the notice period. In such circumstance, the employee remains entitled to a Bargaining Agent representative.
D9.03 Discharge and discipline shall be for just cause. Cause shall be limited to the grounds stated in the discharge or disciplinary notice to the employee
D9.04 (a) Employees shall be provided with a copy of any report, notice, letter or other documentation regarding disciplinary action placed upon an employee’s personal file within a reasonable period of time of the date of such document.
(b) Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.
D9.05 Grievances relating to suspension or discharge shall be filed at the Final Level of the grievance procedure. If the grievance is not satisfactorily settled at the Final Level then the grievance may be referred to arbitration in accordance with article D-6.
ARTICLE D-12
EMPLOYEE PERFORMANCE REVIEW
D12.01 Employee Performance
(a) The Corporation will continue its practice of conducting performance evaluations. The employee’s views concerning how well he or she has performed his or her assigned tasks during a specified period in the past will be invited and considered before the evaluation is documented. The Corporation and the employee will discuss the evaluation prior to its contents being finalized. The employee shall be given the opportunity to append written comments within one week. The employee shall be given a copy of the evaluation, after it has been reviewed and signed by the responsible manager.
(b) When the Corporation determines that an employee is not meeting the requirements of the Corporation, the employee and his or her manager shall meet within a reasonable time of the assessment to develop an action a Performance Improvement Plan (PIP) to resolve the employee's performance deficiency. When meeting to develop a PIP, the employee may request a Steward or member of the CCC Group Executive be present. Such a request shall not unduly delay the meeting. This PIP may include the provision of training, if necessary.
ARTICLE G-1
PAY AND ADMINISTRATION
G1.03 Acting Pay
(a) When an employee is required by the Corporation to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least three (3) consecutive days, the employee shall be paid acting pay calculated from the date on which he/she commenced to act as if he/she had been appointed to that higher classification level for the period in which he/she acts.
(b) An employee who is required to perform the duties of a higher classification level will not be arbitrarily assigned and reassigned between his or her regular position and the acting position solely for the purpose of avoiding entitlement to acting pay in the higher level position.
ARTICLE C-3
SICK LEAVE WITH PAY
C3.03 Unless otherwise informed by the Corporation, submitting an electronic request for sick leave a statement signed by the employee stating that because of illness or injury he/she was unable to perform his/her duties, shall, when submitted through the leave management system delivered to the Corporation, be considered as meeting the requirements of C3.02(a).
ARTICLE C-6
LEAVE WITHOUT PAY FOR CARE-GIVING AND
NURTURING RESPONSIBILITIES AND COMPASSIONATE CARE
C6.08 Leave Without Pay for Compassionate Care
(a) Subject to sub-sections (b) to (h) below, every employee is entitled and shall be granted leave without pay for compassionate care of up to twenty-eight (28) eight (8) weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from the day the certificate was issued; or if the leave was commenced before the certificate was issued, the day the leave was commenced.
(b) Leave without pay for compassionate care may only be taken in periods of not less than one week’s duration.
(c) The aggregate amount of leave without pay for compassionate care that may be taken by two or more employees in respect of the care or support of the same family member shall not exceed twenty-eight (28) eight (8) weeks.
ARTICLE D-3
INFORMATION
D3.01 The Corporation agrees to supply the Bargaining Agent and the Chair of the CCC Group, on a quarterly basis, with a revised list containing the following information:
- Name and level
- New employees
- Personal address and phone number
- Date of appointment of new employees
- Status (determinate with duration, indeterminate, interchange with duration, and long term acting with duration)
- Extended leave without pay, except annual leave and sick leave
- Lay-offs
- Struck off strength (SOS) with reasons
- Individual agency number (IAN)
ARTICLE D-10
NO DISCRIMINATION
D10.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, conviction for which a pardon has been granted, or membership or activity in the union.