AGREEMENT
BETWEEN
TREASURY BOARD
AND
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA
GROUP: NEW BRUNSWICK CROWN COUNSEL
EXPIRATION DATE: September 30, 2020
TABLE OF CONTENTS:
PREAMBLE
ARTICLE 1 – DEFINITIONS
ARTICLE 2 – APPLICATION
ARTICLE 3 – FUTURE LEGISLATION
ARTICLE 4 – RECOGNITION
ARTICLE 5 – PROVINCIAL SECURITY
ARTICLE 6 – MANAGEMENT RIGHTS
ARTICLE 7 – INSTITUTE SECURITY
ARTICLE 8 – COMMUNICATIONS
ARTICLE 9 – NO DISCRIMINATION
ARTICLE 10 – STRIKES AND LOCKOUTS
ARTICLE 11 – LABOUR-MANAGEMENT COMMITTEE
ARTICLE 12 – GRIEVANCE PROCEDURE
ARTICLE 13 – ADJUDICATION
ARTICLE 14 – DISCIPLINE
ARTICLE 15 – EMPLOYEE PERSONNEL FILE
ARTICLE 16 – COMPETITIONS AND APPOINTMENTS
ARTICLE 17 – LAYOFF
ARTICLE 18 – HOURS OF WORK
ARTICLE 19 – OVERTIME
ARTICLE 20 – WAGES AND ALLOWANCES
ARTICLE 21 – TRAVEL POLICY
ARTICLE 22 – STATUTORY HOLIDAYS
ARTICLE 23 – VACATION LEAVE
ARTICLE 24 – SICK LEAVE
ARTICLE 25 – MATERNITY LEAVE
ARTICLE 26 – CHILD CARE LEAVE
ARTICLE 27 – ADOPTION LEAVE
ARTICLE 28 – COMPASSIONATE LEAVE AND LEAVE FOR CRITICALLY ILL, DECEASED OR MISSING CHILD
ARTICLE 29 – BEREAVEMENT LEAVE
ARTICLE 30 – COURT LEAVE
ARTICLE 31 – EMERGENCY LEAVE
ARTICLE 32 – FAMILY RESPONSIBILITY LEAVE
ARTICLE 33 – PALLBEARER LEAVE
ARTICLE 34 – LEAVE FOR INSTITUTE BUSINESS
ARTICLE 35 – ADDITIONAL LEAVE
ARTICLE 36 – VOLUNTEER LEAVE
ARTICLE 37 – HEALTH AND SAFETY
ARTICLE 38 – EMPLOYEE BENEFITS PROGRAMS
ARTICLE 39 – RETIREMENT AND LAYOFF ALLOWANCE
ARTICLE 40 – TRANSFER OF BENEFITS
ARTICLE 41 – TECHNOLOGICAL CHANGE
ARTICLE 42 – SENIORITY
ARTICLE 43 – PERSONAL LIABILITY PROTECTION
ARTICLE 44 – DURATION AND TERMINATION
SCHEDULE A – RATES OF PAY
SCHEDULE B – ELIGIBILITY FOR MERIT INCREASES
SCHEDULE C – PRE RETIREMENT LEAVE
MEMORANDUM OF UNDERSTANDING – CONTRACTING OUT AND WORKLOAD
MEMORANDUM OF AGREEMENT – CASUALS: LESS THAN SIX CONTINUOUS MONTHS
MEMORANDUM OF AGREEMENT – CASUALS: MORE THAN SIX CONTINUOUS MONTHS
MEMORANDUM OF UNDERSTANDING – ACCESS TO FITNESS / ACTIVITY SPACE
THIS AGREEMENT made this 31st day of October 2018.
BETWEEN: THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA hereinafter referred to as the “Institute”
AND: HER MAJESTY IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by Treasury Board, hereinafter called the "Employer”
PREAMBLE:
The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees, and the Institute, to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by the Agreement.
The Parties to this Agreement share a desire to improve the quality of the Public Service of New Brunswick, to maintain professional standards and to promote the well being and increased efficiency of its employees to the end that the people of New Brunswick will be well and effectively served. Accordingly, they are determined to establish, within the framework provided by law, an effective working relationship at all levels of the Public Service in which members of the Bargaining Unit are employed.
ARTICLE 1 – DEFINITIONS
For the purpose of this Agreement:
1.01 “Bargaining Unit” means all employees of the Employer covered by Certification No. PS-012-13, Professional Institute of the Public Service of Canada - New Brunswick Crown Counsel Group issued by the New Brunswick Labour and Employment Board on May 7, 2013.
1.02 “Employer” means Her Majesty in Right of the Province as represented by the Treasury Board.
1.03 “Employee” means a person employed by the Employer to carry out the functions normally performed by employees appointed to any of the classifications assigned to the Bargaining Unit, other than:
(a) a person not ordinarily required to work more than one-third (1/3) the number of hours stipulated as the normal work week; and
(b) a person employed in a managerial or confidential capacity.
1.04 “Group” means the New Brunswick Crown Counsel Group
1.05 “Institute” means the Professional Institute of the Public Service of Canada.
1.06 "Probationary Period" means the probationary period specified in the Civil Service Act.
1.07 Words used in this Agreement, if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act.
ARTICLE 2 – APPLICATION
2.01 This Agreement applies to and is binding on the Institute, the employees and the Employer.
2.02 The parties hereto agree that the benefits, privileges, rights or obligations agreed to in this Collective Agreement are in lieu of the application of the Employment Standards Act, S.N.B. 1982, c. E-7.2, as contemplated in subsection 4(2) of the Act.
ARTICLE 3 – FUTURE LEGISLATION
3.01 In the event that any law passed by the Legislature of the Province applying to Public Servants covered by this Agreement renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of this Agreement.
3.02 Where any provision of this Agreement conflicts with the provisions of any Public Statute or Regulation of the Province, the provisions of the Public Statute or Regulation shall prevail.
ARTICLE 4 – RECOGNITION
4.01 The Employer recognizes the Professional Institute of the Public Service of Canada as the exclusive Bargaining Agent for all employees described in New Brunswick Labour and Employment Board Certification Order Number PS-012-13, issued on May 7, 2013, covering all employees of the Employer in the Crown Counsel Group in the Scientific and Professional Occupational Category.
ARTICLE 5 – PROVINCIAL SECURITY
5.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulation given or made on behalf of the Government of the Province of New Brunswick in the interest of the health, safety or security of the people of the Province.
5.02 For the purposes of 5.01 above, any order made by the Lieutenant-Governor in Council is conclusive proof of the matters stated therein in relation to the giving or making of any instruction, direction or regulation by, or on behalf of, the Government of the Province of New Brunswick in the interests of the health, safety or security of the people of the Province.
ARTICLE 6 – MANAGEMENT RIGHTS
6.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement, are recognized by the Institute as being retained by the Employer.
ARTICLE 7 – INSTITUTE SECURITY
7.01 The Employer shall, as a condition of employment, deduct an amount equal to the regular membership dues of the Institute from the pay of all employees in the Bargaining Unit.
7.02 Article 7.01 will be applied for present employees and the deductions from pay for each new employee will start with the first bi-weekly pay period following their commencement.
7.03 The sums deducted pursuant to this Article shall be remitted to the Institute prior to the fifteenth (15th) of the month following the month in which the deductions were made.
7.04 Before the Employer is obligated to deduct any amount under this Article, the Institute must advise the Employer in writing of the amount of its regular dues. The amounts so advised shall continue to be the amounts to be deducted under this Article until changed by a further written notice to the Employer signed by the President of the Institute, after which such changed amount shall be the amount to be deducted, and so on from time to time. The Employer will make every reasonable effort to make the requested change within fourteen (14) days of the written notice.
7.05 The sums deducted under this Article shall be accepted by the Institute as the regular dues of those employees who are or shall become members of the Institute and the sums so deducted from non-members of the Institute shall be treated as their contributions toward the expenses of maintaining the Institute.
7.06 The Institute agrees to indemnify and save the Employer harmless from any liability or action arising out of the operation of this Article.
7.07 The Institute assumes full responsibility for the disposition of any sums deducted from the wages of any employees and remitted to the Institute under this Article.
ARTICLE 8 – COMMUNICATIONS
8.01 Except as otherwise provided in this Agreement, all written communications arising out of the application, administration and/or interpretation of this Collective Agreement shall be addressed as follows:
To the Group, in care of the Group’s President, at his or her office at the Employer’s place of business.
To the Employer:
Executive Director of Employee Relations
Treasury Board
P.O. Box 6000
Fredericton, N.B.
E3B 5H1
To the Institute:
The Professional Institute of the Public Service of Canada
1718 Argyle Street, Suite 610
Halifax, N.S.
B3J 3N6
8.02 The Institute will notify the Employer of any change of Group President within fifteen (15) days of the change.
8.03 Nothing in this Agreement prevents the Employer and the Institute from using electronic media for sending or posting any communication which is normally required to be in writing if the Employer and the Institute so agree.
8.04 The Employer shall publish the Collective Agreement in both official languages on the Government of New Brunswick Internet and Intranet sites within a reasonable time after the execution of this Agreement.
8.05 (a) The Employer shall prepare a list of employees in the Bargaining Unit and shall make the list available to the Group during January of each year.
(b) The Employer shall provide the names, commencement dates, employment status and addresses of all new employees in the Bargaining Unit as soon as practicable but no later than thirty (30) days after the start of employment.
(c) The Employer shall advise the Institute and the Group of any change of employment status or termination of an employee in the Bargaining Unit as soon as practicable but no later than thirty (30) days after a change of employment status or termination.
8.06 The list of employees shall include the classification, pay step, the commencement date and work location of each employee.
8.07 Upon request of the Institute, the Employer shall provide a copy of the classification specifications covering employees within the Bargaining Unit.
8.08 The Employer acknowledges its obligation to make available any policy which has a bearing on employee terms and conditions of employment and to advise the Institute of any change in policy within thirty (30) days.
8.09 The Employer shall provide bulletin board space for the use of the Institute at locations accessible to employees provided that the use of such boards is limited to the posting of information relating to the business affairs, meetings, social events and reports of various committees of the Institute.
ARTICLE 9 – NO DISCRIMINATION
9.01 There shall be no discrimination, restraint or coercion exercised or practiced upon any employee by either party because of membership or non-membership in the Institute, or in contravention of the Human Rights Act, R.S.N.B. 1973, c. H-11, of the Province of New Brunswick, as amended from time to time.
9.02 The Institute and the Employer recognize the right of employees to work in an environment free from harassment.
ARTICLE 10 – STRIKES AND LOCKOUTS
10.01 In accordance with the Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, there shall be no strikes or lockouts during the term of this Agreement.
ARTICLE 11 – LABOUR-MANAGEMENT COMMITTEE
11.01 There shall be a Labour Management Committee composed of at least two (2) representatives of the Group and an equal number of representatives of the Employer. The Committee may be extended to include additional members where mutually agreed by the parties, provided equal representation is maintained.
11.02 Within thirty (30) days of the date of signing of this Agreement each party shall inform the other of the names of its members on the Labour Management Committee provided, however, that either party may add or substitute members.
11.03 A meeting of the Committee shall be convened as soon as possible after receipt of an agenda from the other party, but in any case no later than thirty (30) days after receipt of an agenda.
11.04 The Committee shall establish its own procedure and each party shall bear the travel costs of its own representatives of the Committee provided that, where meetings are held during working hours, no employee shall lose pay as a result of attending meetings of the Committee.
11.05 The Committee shall deal with matters of mutual interest and concern in an attempt to facilitate harmonious relations between the Employer and the Institute and its members. The Committee shall not have power to alter, amend, add to, or modify the terms of this Collective Agreement.
ARTICLE 12 – GRIEVANCE PROCEDURE
12.01 A grievance means a dispute or difference of opinion concerning any of the following:
(a) the interpretation or application with respect to an employee of a provision of this Collective Agreement or a related arbitral award;
(b) disciplinary action resulting in written reprimand, suspension or discharge under Article 14 (Discipline) of this Agreement;
(c) the interpretation or application of a provision of a statute, or a regulation, by-law, direction or other instrument made or issued by the Employer dealing with terms and conditions of employment;
(d) any occurrence or matter affecting terms and conditions of employment other than those terms and conditions of employment covered in the three (3) preceding paragraphs and for which there is no administrative procedure for redress provided for in or under an Act of the Legislative Assembly.
12.02 In an effort to facilitate the efficient resolution of grievances, the Employer and the Institute, may engage in informal discussions without prejudice.
12.03 Where an employee considers himself/herself to be aggrieved he/she shall, with or without the assistance of an Institute representative, discuss the matter with the employee’s immediate supervisor before the first step in the grievance procedure is implemented.
12.04 Where an employee alleges that he/she has a grievance as outlined under 12.01 and where the employee has the written consent of the Institute or its delegates, the following procedures apply:
STEP ONE: Within twenty-five (25) days after becoming aware of the circumstances giving rise to the grievance, the employee may file a grievance in writing, either on the form provided by the Labour and Employment Board or on a form approved by the parties, with the person designated by the Employer as the first level in the grievance procedure.
The employee may proceed to Step Two if:
(a) no reply is received within ten (10) days following the date on which the grievance was filed, or
(b) no satisfactory settlement is received within ten (10) days following the date on which the grievance was presented under 12.05.
STEP TWO: Within ten (10) days from the expiration of the ten (10) day period referred to in Step One (a) or (b), the employee may file a grievance in writing with the person designated by the Employer as the second level in the grievance procedure.
The employee may proceed to Step Three if:
(a) no reply is received within ten (10) days following the date on which the grievance was filed, or
(b) no satisfactory settlement is received within ten (10) days following the date on which the grievance was presented under 12.05.
STEP THREE: Within ten (10) days following the expiration of the ten (10) day period referred to in Step Two, the employee may file a grievance in writing with the Deputy Attorney General. A proposed settlement of the grievance presented at Step One and Step Two and any replies must accompany the grievance when it is filed with the Deputy Attorney General. The Deputy Attorney General shall reply in writing to the employee within fifteen (15) days following the date the grievance was presented under 12.05 to the Deputy Attorney General. If the employee does not receive a reply or satisfactory settlement for the grievance, the employee may refer the grievance to adjudication as provided in Article 13, within twenty (20) days from the date on which the employee should have received a reply from the Deputy Attorney General.
12.05 Despite STEP THREE of Article 12.04, an employee may not refer a grievance related to discipline to adjudication unless the discipline resulted in written reprimand, suspension or discharge under Article 14 (Discipline) of this Agreement.
12.06 Unless otherwise agreed by the parties, a meeting will be held at each step in the grievance process, involving the grievor, the person designated by the employer and their representatives in an effort to resolve the difference that gave rise to the grievance. Every effort will be made by the parties to schedule the meeting as quickly as possible.
12.07 Any difference or grievance arising directly between the Institute and the Employer may be submitted by the Institute at Step Three.
12.08 In any case where the employee presents a grievance or in any case in which a hearing is held on a grievance at any level, the employee may at his/her option, be accompanied by a representative of the Institute.
12.09 In determining the time in which any step under the foregoing proceedings is to be taken, Saturdays and Sundays and recognized holidays shall be excluded. If advantage of the provisions of the Article has not been taken within the time specified herein, the alleged grievance shall be deemed to have been abandoned and cannot be reopened.
12.10 All time limits specified in this Article can be extended through mutual agreement in writing by the Institute or its delegate and the Employer or its delegate.
12.11 A grievance at any step under the foregoing is deemed to have been filed by the employee on the date it is personally served on the person designated by the Employer, or mailed by registered mail or sent electronically, if applicable. A grievance filed other than by personal service shall be addressed to the Deputy Attorney General’s office.
12.12 The Employer may file a grievance in accordance with subsection 92(1) of the Public Service Labour Relations Act, supra.
ARTICLE 13 – ADJUDICATION
13.01 The provisions of the Public Service Labour Relations Act, supra, and Regulations governing the adjudication of grievances shall apply to grievances lodged under the terms of this Agreement.
13.02 In any reference to adjudication, including cases arising from suspensions and discharges, the adjudicator or Board of Adjudication, as the case may be, shall have the power to direct payment of compensation, vary penalties, direct reinstatement of a benefit or privilege, or order appropriate action to finally settle the issue(s) between the parties and may give retroactive effect to their decision.
13.03 An adjudicator or Board of Adjudication shall not have the power to alter or change any of the provisions of this Agreement nor to substitute any new provision for an existing provision, nor give any decision inconsistent with the terms thereof.
ARTICLE 14 – DISCIPLINE
14.01 No employee who has completed the probationary period as defined in Article 1 – Definitions shall be disciplined except for just cause.
14.02 For the purpose of this Article, discipline includes:
(a) oral reprimand noted in the employee’s file;
(b) written reprimand;
(c) suspension with pay;
(d) suspension without pay; or
(e) discharge.
14.03 Prior to the disciplining of an employee, a meeting may be held. The employee will have the right to have present a representative of the Institute. The employee and the Institute shall receive reasonable prior notice of the meeting.
14.04 The employee and the Institute shall be informed in writing of the nature of the disciplinary action against that employee at the time such action is taken.
14.05 Where an employee is suspended or discharged, the Employer shall within ten (10) days of the suspension or discharge notify the employee in writing by registered mail or by personal service stating the reason for the suspension or discharge.
14.06 Where an employee alleges that he/she has been suspended or discharged in violation of Article 14.01, the employee may, within ten (10) days of the date of which he/she was notified in writing or within twenty (20) days of the date of his/her suspension or discharge, whichever is later, invoke the grievance procedure including adjudication as set out in this Agreement and, for the purpose of a grievance alleging violation of Article 14.01, he/she shall lodge a grievance at the final level of the grievance procedure.
14.07 Where it is determined that an employee has been suspended or discharged in violation of Article 14.01, that employee shall be immediately reinstated in his/her former position without loss of seniority or any other benefit which would have accrued to the employee if he/she had not been suspended or discharged. One of the benefits which the employee shall not lose is his/her regular pay during the period of suspension or discharge which shall be paid to the employee at the end of the next complete pay period following reinstatement.
ARTICLE 15 – EMPLOYEE PERSONNEL FILE
15.01 An employee’s personnel file shall be made available and open to the employee for inspection at a reasonable time established by mutual agreement between the employee and his/her immediate supervisor.
15.02 The Employer shall not introduce as evidence in a grievance or adjudication proceeding under this Agreement any document pertaining to disciplinary action the existence of which the employee was not aware.
15.03 To ensure compliance under 15.02 above, employees shall be required to sign any written document pertaining to disciplinary action acknowledging that the employee has read such document.
15.04 A record of disciplinary action shall be removed from the employee’s file and destroyed and not used against an employee after the expiration of eighteen (18) months following the disciplinary action, provided no other disciplinary action for a similar offence occurs within this eighteen (18) month period.
ARTICLE 16 – COMPETITIONS AND APPOINTMENTS
16.01 (a) Before proceeding to competition to fill a vacancy within the Bargaining Group, the Employer shall invite an internal expression of interest from permanent employees within the Bargaining Group.
(b) An employee who is appointed to a position in accordance with (a) above is not eligible to apply for another expression of interest within nine (9) months following commencement of their new assignment.
(c) A new employee appointed under 16.02 is not eligible to apply for an expression of interest within eighteen (18) months following commencement of their assignment.
16.02 (a) Subject to the provisions of the Civil Service Act and Regulations, where there is a competition to fill a vacancy or an anticipated vacancy in the Bargaining Unit, the Employer shall post notices of such competition electronically or on the bulletin board(s) in the buildings out of which the employees work, for a minimum of ten (10) working days. Notification of such competition shall be forwarded to the Group.
(b) The notice referred to in clause 16.02(a) shall contain the following information;
(i) description of the position;
(ii) location of the position;
(iii) required qualifications; and
(iv) the pay range.
16.03 In filling a vacancy pursuant to 16.02, the Employer will provide preference to employees within the Bargaining Unit who possess the qualifications, ability and suitability for the vacant position.
ARTICLE 17 – LAYOFF
17.01 An employee may be laid off because of lack of work or the discontinuance of a function.
17.02 Where layoff(s) becomes necessary, the Employer shall advise the Institute, where possible at least sixty (60) calendar days prior to the effective date of possible layoff(s), and shall meet to discuss relevant matters concerning any layoff(s).
17.03 Where the qualifications, skills and ability of employees affected are relatively equal, and the employees are within the same Branch of the Office of the Attorney General, seniority shall be considered in determining the layoff(s).
17.04 Whenever feasible, as much advance notice as possible shall be given to an employee who is to be laid off. When an employee is to be laid off, formal written notice must be given thirty (30) calendar days prior to the date of layoff in accordance with paragraph 9(1)(b) of Regulation 84-229 under the Civil Service Act. A copy of the written notice shall be sent to the Group.
17.05 After an employee has received notice of the employee’s potential layoff, the Employer and a representative of the Institute shall meet to discuss the status of such employee and suitable alternate employment available.
17.06 For a period of one (1) year after an employee has been laid off, the employee’s name shall be placed on eligibility lists for which the employee is qualified.
17.07 An employee who is laid off and rehired within the Public Service within twelve (12) months of the day of layoff shall be entitled to retain:
(a) unused sick leave credits, and
(b) years of service for purposes of calculating vacation leave and retirement allowance entitlement that accumulated as of the date of layoff.
17.08 During the layoff period, an employee shall not accrue sick or vacation leave credits, or service for the purpose of retirement allowance entitlement.
17.09 Pursuant to subsection 63(2) of the Public Service Labour Relations Act, where a conflict occurs between this Article and the Civil Service Act, the Civil Service Act shall prevail.
ARTICLE 18 – HOURS OF WORK
18.01 Full-time employees are expected to work a minimum of thirty-six and one-quarter (36 ¼) hours weekly, comprised of five (5) seven and one-quarter (7 ¼) hour days, exclusive of lunch break. An employee may be required to work in excess of this amount, depending upon the nature of the employee’s work.
18.02 Upon the request of an employee and subject to operational requirements, alternate work arrangements such as variable or compressed hours of work or different work location may be established when mutually agreeable. Any agreed to alternate work arrangement will be on a temporary basis. It is understood that any such arrangement may end prior to the expected termination date if required.
ARTICLE 19 – OVERTIME
19.01 In lieu of overtime, all employees shall be entitled to time off with pay as follows:
(a) Up to December 31, 2019, five (5) days to be taken before December 31 of the following year, with pay-out of any unused portion by March 31of the next year.
(b)Effective January 1, 2020, an employee shall accumulate overtime leave credits at the rate of .4167 days per calendar month of continuous employment for which he/she receives pay for at least eleven (11) days, including statutory holidays and excluding injury on duty as per Article 38.04. The overtime leave credits will be given on January 1 of each year or on the employee’s first day of work and shall be taken during the calendar year, with pay-out of any unused credits by March 31 of the next calendar year. Any overtime leave credits that were taken in a calendar year but were not earned shall be deducted from the overtime leave credits given on January 1 of the following calendar year. On ceasing to be an employee, the employee shall compensate the Employer for any overtime leave credits that were taken in the calendar year but were not earned and the amount of compensation shall be calculated using the employee's rate of remuneration at termination.
(c) In addition to (a) or (b) above, the Employer may grant up to two (2) additional days to compensate employees in exceptional circumstances. Exceptional circumstances may include, for example, regular travel outside the employee’s region of work, excessive workload, and urgent matters. The leave referred to in (a) and (b) above shall be taken before the granting of up to two (2) additional days.
19.02 The Employer shall make every reasonable effort to grant leave earned under this Article to an employee at such times and of such duration as the employee requests. The employee shall make every reasonable effort to use compensatory leave earned in such a manner as to minimize cash liquidation.
ARTICLE 20 – WAGES AND ALLOWANCES
20.01 For the purpose of this Article:
"Control Point Maximum" means the point within a salary range representing the maximum base pay for a job.
"Merit Increase" means an adjustment to individual salary based on a documented assessment of performance as per Schedule B – Eligibility for Merit Increases.
“Pay Step” means one (1) step in the pay range.
"Probationary Period" means the probationary period specified in the Civil Service Act.
20.02 Rates of pay for employees shall be in accordance with Schedule A.
20.03 Merit increases for employees shall be in accordance with Schedule B.
20.04 – Rate of Pay on Promotion, Demotion, Lateral Transfer
(a) An employee is promoted when the new Control Point Maximum is higher than the previous Control Point Maximum.
(i) Where an employee is appointed to a position having a higher Control Point Maximum, or an employee is reclassified to a classification having a higher Control Point Maximum, the employee shall be paid at the nearest rate of pay that provides an increase of 4.8%, not to exceed the Control Point Maximum of the higher pay range.
(ii) The promotional increase for an employee who has been in receipt of acting pay for at least twelve (12) months is calculated based on the employee's current rate of pay including acting pay.
(iii) Where an employee who is eligible for a merit increase is promoted on the common anniversary date, the employee shall be granted both a merit increase and a promotional increase.
(b) An employee is demoted when the new Control Point Maximum is lower than the previous Control Point Maximum and the employee is paid at a lower rate.
(i) Where an employee is appointed to a position having a lower Control Point Maximum, or an employee is reclassified to a classification having a lower Control Point Maximum and the employee’s rate of pay is above the Control Point Maximum of the new classification, the employee shall be paid at the employee’s current rate of pay for twelve (12) months after which the employee will be placed at the Control Point Maximum of the new classification.
(ii) Where an employee is appointed to a position having a lower Control Point Maximum and the employee’s rate is below the Control Point Maximum of the new pay range applicable to the employee, the employee shall be paid at a rate in the new pay range closest to the employee’s current rate and does not represent a decrease.
(iii) Where an employee requests and is granted a demotion and the employee’s current rate of pay is more than the Control Point Maximum of the pay range for the classification to which the employee is demoted, the employee shall be paid at the Control Point Maximum of the lower classification.
(c) An employee is laterally transferred when the appointment is neither a promotion nor a demotion. Where an employee is laterally transferred, the employee shall be paid at the employee’s current rate of pay.
20.05 – Acting Pay – Where an employee agrees to perform for a temporary period of five (5) consecutive paid days or more the duties of a higher classification than the one held by the employee, the employee shall receive acting pay equal to four (4) pay increments above the acting employee’s regular rate of pay. An employee cannot be paid above the Control Point Maximum for the position in which the employee acts.
ARTICLE 21 – TRAVEL POLICY
21.01 The Travel Policy as approved by Treasury Board and amended from time to time shall apply to the employees in the Bargaining Unit.
ARTICLE 22 – STATUTORY HOLIDAYS
22.01 All full-time employees shall receive one (1) day paid leave for each of the following holidays each year. This benefit shall be pro-rated for part-time employees.
(a) New Year's Day;
(b) Family Day;
(c) Good Friday;
(d) Easter Monday;
(e) the day fixed by proclamation of the Governor-in-Council for the celebration of the birthday of the Sovereign;
(f) Canada Day;
(g) New Brunswick Day;
(h) Labour Day;
(i) the day fixed by proclamation of the Governor-in-Council as a general day of Thanksgiving;
(j) Remembrance Day;
(k) Christmas Day;
(l) Boxing Day; and
(m) any other day duly proclaimed as a Provincial or National Holiday.
22.02 Employees shall receive the following days off surrounding Christmas without loss of pay:
(i) when Christmas Day is a Monday, the 25th and 26th days of December, or
(ii) when Christmas Day is a Tuesday, the 24th, 25th and 26th days of December, or
(iii) when Christmas Day is a Wednesday or Thursday, the afternoon of the 24th as well as the 25th and 26th days of December, or
(iv) when Christmas Day is a Friday, a Saturday or a Sunday, the 24th to 27th days of December inclusive.
22.03 An employee who is entitled to pay on either the working day immediately preceding or following the holiday is entitled to the paid holiday.
22.04 When a holiday other than Christmas coincides with an employee's day of rest, the holiday shall be moved to the employee's first working day following the employee's day of rest.
22.05 Where a holiday occurs where an employee is on sick or vacation leave, the holiday is considered granted and no deduction is made from the employee's sick or vacation leave credits.
22.06 Where an employee has been notified by the Employer that the employee is required to work on a holiday listed under Article 22.01, the employee shall be paid one and one-half (1½) times the employee’s regular rate of pay for all hours worked on the holiday in addition to the regular day's pay, providing such holiday falls on a regular working day.
ARTICLE 23 – VACATION LEAVE
23.01 Each employee with less than ninety-six (96) months of continuous service and less than ninety-six (96) months following admission to the bar, shall accumulate vacation leave credits at the rate of one and one-quarter (1¼) days per calendar month of continuous employment for which he/she receives pay for at least eleven (11) days, excluding statutory holidays.
23.02 Each employee with more than ninety-six (96) months of continuous service or more than ninety-six (96) months following admission to the bar shall accumulate vacation leave credits at a rate of one and two-thirds (1 2/3) days per calendar month of continuous employment for which he/she receives pay for at least eleven (11) days, excluding statutory holidays.
23.03 Each employee with more than two hundred and forty (240) months of continuous service or more than two hundred and forty (240) months following admission to the bar shall accumulate vacation leave credits at a rate of two and one-twelfth (2 1/12) days per calendar month of continuous employment for which he/she receives pay for at least eleven (11) days, excluding statutory holidays.
23.04 Subject to operational requirements, the Employer shall endeavour to schedule an employee's vacation at such times and in such amounts as are mutually acceptable to the Employer and employee.
23.05 An employee who has vacation credits which have not been used when he/she ceases to be an employee shall be given a cash settlement in lieu of vacation based on the rate of remuneration the employee was receiving at the time he/she ceased to be an employee.
23.06 A person, upon ceasing to be an employee, shall compensate the Employer for vacation which was taken but which was not earned and the amount of compensation shall be calculated using the employee's rate of remuneration at termination.
23.07 When sick leave or other paid leave is granted for a period during which an employee was on vacation leave, the period of vacation leave covered is reinstated to the employee. A medical certificate may be required for proof of illness.
23.08 (a) Where in a calendar year an employee has not been granted all of the vacation leave credited to him/her, the unused portion of his/her vacation leave, not to exceed the entitlement earned in the calendar year, shall be carried over to the next year.
(b) Where an employee has unused vacation credits in excess of (a) above and where the Employer has been unable to schedule such excess entitlement during the calendar year, because of extenuating circumstances, the Employer shall authorize carry-over to the next calendar year of the excess entitlement, provided the employee submits written application for carry-over prior to November first (1st) and provided the Employer cannot schedule such leave prior to the expiry of the calendar year.
ARTICLE 24 – SICK LEAVE
24.01 Each employee shall accumulate sick leave credits at the rate of one and one-quarter (1¼) days per month for each calendar month of continuous employment for which he/she receives pay for at least ten (10) days, up to a maximum credit of two hundred and forty (240) working days.
24.02 An employee who is absent from work on account of sickness or accident who wishes to use sick leave credits for such absence must notify his/her immediate Supervisor as soon as possible.
24.03 A deduction shall be made from an employee’s accumulated sick leave credits for each working day that the employee is absent on sick leave. Absence on sick leave for less than one-half (½) day may be deducted as one-quarter (1/4) day, if the actual absence is closer in length to one-quarter (¼) day than it is to one-half (½) day. This principle may similarly be applied in cases of absence of less than one (1) full day, but more than one-half (½) day, where another quarter (¼) day unit may be added to the half (½) day (i.e. a three quarter (¾) day deduction), if the absence is closer to one-half (½) day than it is to one (1) full day.
24.04 The Employer may require such proof of illness as it deems necessary for any illness lasting more than three (3) days for which sick leave is claimed. If, after such a request, proof of illness is not provided within ten (10) working days, absence shall be deducted from the employee’s salary.
24.05 Where an employee does not have sick leave credits equal to the period of absence caused by sickness or accident, he/she may, on request, be advanced up to fifteen (15) working days of sick leave credit, which shall be deducted from future credits accumulated upon his/her return to work. Such requests shall not be unreasonably denied.
24.06 The total amount of unrecovered advanced sick leave shall not exceed fifteen (15) working days at any one time.
24.07 An employee who was advanced sick leave under 24.05 shall, upon ceasing to be an employee, compensate the Employer for sick leave which has not been recovered, and the amount of the compensation shall be calculated at the employee’s rate of remuneration at the time he/she ceased to be an employee.
24.08 The parties agree that failure to comply with 24.07 above is grounds for the Employer to withhold until compliance:
(a) wages or other monetary benefits owing,
(b) any credit transfers in terms of vacations.
ARTICLE 25 – MATERNITY LEAVE
25.01 An employee is entitled to maternity leave of up to seventeen (17) weeks without pay.
25.02 An employee intending to use maternity leave shall notify the Employer in writing at least fifteen (15) weeks prior to the expected date of delivery.
25.03 An employee requesting maternity leave shall submit the required Request for Leave form to the Employer prior to the anticipated leave date.
25.04 At the request of the employee, maternity leave shall commence at any time thirteen (13) weeks prior to the expected date of delivery.
25.05 Notwithstanding clause 25.04, when an employee is unable to perform her regular duties due to her pregnancy, the Employer will make every reasonable effort to assign duties consistent with the employee’s capacity. If the Employer is unable to assign such duties, the Employer may direct the employee to proceed on maternity leave where in its opinion the interest of the Employer so requires.
25.06 Where at any time prior to commencement of her requested maternity leave the Employer directs an employee to proceed on leave in accordance with clause 25.05, or an employee is advised to proceed on leave by her attending physician, the employee upon submission of a medical certificate, if requested by the Employer, may instead use accumulated sick leave credits until the date of commencement of her requested maternity leave.
25.07 An employee shall not be eligible for sick leave during the seventeen (17) consecutive week maternity leave period.
25.08 When an employee on maternity leave wishes to return to work earlier than provided for under 25.01, she shall give the Employer written notice at least ten (10) working days in advance, and the Employer will make every reasonable effort to accommodate her request.
25.09 An employee returning to work from maternity leave shall be reinstated to her previously held position and shall receive a rate of pay that is equivalent to or greater than the rate of pay she was receiving immediately prior to her departure on maternity leave unless she accepts appointment to another position upon her return to work.
25.10 During the period of maternity leave, an employee:
(a) continues to earn seniority and continuous service credits based on what her regular hours of work would have been;
(b) continues to accrue entitlements for retirement allowance and vacation purposes;
(c) maintains but only accrues sick leave or vacation leave credits for any calendar month in which she receives pay for at least eleven (11) days, excluding statutory holidays; and
(d) shall receive merit increases in accordance with schedule B.
25.11 Subject to the terms of any Insured Benefit Plan, when the employee requests the continuation of contributions, the Employer shall also continue the required contributions during the period of the maternity leave, provided the employee submits postdated cheques for her share of the premiums for the entire period prior to commencing maternity leave.
25.12 An employee with one (1) year of continuous service who agrees to work for a period of at least six (6) months after her approved leave and who provides the Employer with proof that she has applied for and is eligible to receive employment insurance benefits pursuant to the Employment Insurance Act shall receive the following allowances:
(a) during the waiting period under the Employment Insurance Act, seventy-five percent (75%) of the employee’s regular rate of pay less any other monies earned during this period;
(b) following the required waiting period and for a period not exceeding fifteen (15) continuous weeks, the difference between the employment insurance benefits the employee is eligible to receive and seventy-five percent (75%) of the employee’s regular rate of pay at the time maternity leave commences, less any other monies received during the period which may result in a decrease in employment insurance benefits to which the employee would have been eligible if no extra monies had been received during this period.
25.13 “Regular rate of pay” shall mean the rate of pay the employee was receiving at the time maternity leave commenced, but does not include retroactive adjustment of rate of pay, acting pay, overtime, or any other form of supplementary compensation.
25.14 Should the employee fail to return to work and remain at work for a period of six (6) months, the employee shall reimburse the Employer for the amount received as maternity leave allowance under 25.12 on a pro rata basis.
ARTICLE 26 – CHILD CARE LEAVE
26.01 Following the birth of a child and upon request in writing, an employee who is the parent of the child shall be granted child care leave without pay for a period up to sixty-two (62) weeks.
26.02 The child care leave referred to in 26.01 shall commence no earlier than the date on which the newborn comes into the employee’s care and shall end:
(a) no later than sixty-two (62) weeks after this date,
or
(b) no later than seventy-eight (78) weeks when combined with maternity leave.
26.03 If the employee is the birth mother of the child, she must commence the child care leave immediately upon expiry of maternity leave unless the employee and the Employer agree otherwise, and shall give the Employer a minimum of six (6) weeks’ written notice of her intent to take the child care leave. If the newborn child is hospitalized when maternity leave expires, the taking of the leave may be delayed.
26.04 If the employee entitled to child care leave is not the birth mother, the employee shall give a minimum of six (6) weeks’ written notice to the Employer of a commencement date and duration of the leave.
26.05 If both parents are employees, the child care leave may be taken by one (1) parent or shared by two (2) parents, provided the combined leave period does not exceed sixty-two (62) weeks.
26.06 An employee returning to work from child care leave shall be reinstated to the previously held position and shall receive a rate of pay that is equivalent to or greater than the rate of pay the employee was receiving immediately prior to departure on child care leave unless the employee accepts appointment to another position upon return to work.
26.07 During the period of child care leave, an employee:
(a) continues to earn seniority and continuous service credits based on what the employee’s regular hours of work would have been;
(b) continues to accrue entitlements for retirement allowance and vacation purposes;
(c) maintains but only accrues sick leave or vacation leave credits for any calendar month in which the employee receives pay for at least eleven (11) days, excluding statutory holidays; and
(d) shall receive merit increases in accordance with schedule B.
26.08 Subject to the terms of any insured benefit plan, an employee may continue contributions to group insurance plans, including that of the Employer, provided the employee submits postdated cheques for both shares of the premiums for the entire period prior to commencing child care leave.
26.09 When an employee on child care leave wishes to return to work earlier than provided for under 26.02, the employee shall give the Employer written notice at least ten (10) working days in advance, and the Employer will make every reasonable effort to accommodate the request.
26.10 An employee who is a parent of the newborn other than the birth mother shall be granted five (5) days’ leave without loss of pay within a reasonable period of time surrounding the occasion of the birth of the child.
ARTICLE 27 – ADOPTION LEAVE
27.01 Following the adoption of a child and upon request in writing, an employee shall be granted adoption leave without pay for a period up to sixty-two (62) weeks.
27.02 An employee intending to take adoption leave shall:
(a) provide written notice to the Employer of the employee’s intention to take leave fifteen (15) weeks before, or in the event of an emergency as soon as possible before, the anticipated day on which the child will be placed with the employee for adoption, and
(b) notify the Employer of the commencement date and duration of the leave on being made aware of the date on which the child will be placed with the employee for adoption or at the time the child is placed with the employee for adoption, whichever occurs first.
27.03 The adoption leave referred to in 27.01 shall commence on the date on which the adoptive child comes into the employee’s care and shall end no later than sixty-two (62) weeks after this date.
27.04 If both parents are employees, the adoption leave may be taken by one (1) parent or shared by two (2) parents, provided the combined leave period does not exceed sixty-two (62) weeks.
27.05 An employee returning to work from adoption leave shall be reinstated to the previously held position and shall receive a rate of pay that is equivalent to or greater than the rate of pay the employee was receiving immediately prior to departure on adoption leave unless the employee accepts appointment to another position upon return to work.
27.06 During the period of adoption leave, an employee:
(a) continues to earn seniority and continuous service credits based on what the employee’s regular hours of work would have been;
(b) continues to accrue entitlements for retirement allowance and vacation purposes;
(c) maintains but only accrues sick leave or vacation leave credits for any calendar month in which the employee receives pay for at least eleven (11) days, excluding statutory holidays; and
(d) shall receive merit increases in accordance with schedule B.
27.07 (a) Subject to the terms of any insured benefit plan, an employee may continue contributions to group insurance plans, provided the employee submits postdated cheques prior to commencing adoption leave for the employee’s share of the premiums for the period the employee is eligible for benefits under 27.09 (a) and (b).
(b) Subject to the terms of any insured benefit plan, an employee may continue contributions to group insurance plans, including that of the Employer, for the remainder of the adoption leave, or for the entire period where the employee is not eligible for benefits under 27.09, provided the employee submits postdated cheques prior to commencing adoption leave for both shares of the premiums.
27.08 When an employee on adoption leave wishes to return to work earlier than provided for under 27.03, the employee shall give the Employer written notice at least ten (10) working days in advance, and the Employer will make every reasonable effort to accommodate the request.
27.09 An employee with one (1) year of continuous service who agrees to work for a period of at least six (6) months after the approved leave and who provides the Employer with proof that the employee has applied for and is eligible to receive employment insurance benefits pursuant to the Employment Insurance Act shall receive the following allowances:
(a) during the two (2) week waiting period under the Employment Insurance Act, seventy-five percent (75%) of the employee’s regular rate of pay less any other monies earned during this period;
(b) following the required waiting period and for a period not exceeding fifteen (15) continuous weeks, the difference between the employment insurance benefits the employee is eligible to receive and seventy-five percent (75%) of the employee’s regular rate of pay at the time adoption leave commences, less any other monies received during the period which may result in a decrease in employment insurance benefits to which the employee would have been eligible if no extra monies had been received during this period.
27.10 “Regular rate of pay” shall mean the rate of pay the employee was receiving at the time adoption leave commenced, but does not include retroactive adjustment of rate of pay, acting pay, overtime, or any other form of supplementary compensation.
27.11 Should the employee fail to return to work and remain at work for a period of six (6) months, the employee shall reimburse the Employer for the amount received as adoption leave allowance under 27.09 on a pro rata basis.
27.12 If both parents are employees, the benefits referred to in 27.09 shall apply to one (1) employee only.
ARTICLE 28 – COMPASSIONATE LEAVE AND LEAVE FOR CRITICALLY ILL, DECEASED OR MISSING CHILD
28.01 Compassionate leave with pay shall be granted to an employee for up to three (3) working days in any calendar year to provide care to a person, with whom the employee has a close family relationship, and who has a serious illness with a significant risk of death.
28.02 Employees shall have the right to apply for the following leaves without pay subject to the provisions of the Employment Standards Act, S.N.B. 1982, c. E 7.2, as amended from time to time:
(a) compassionate care leave;
(b) critical illness leave;
(c) death or disappearance leave
ARTICLE 29 – BEREAVEMENT LEAVE
29.01 An employee shall be granted bereavement leave without loss of pay:
(a) in the event of the death of a spouse or common-law partner, father, mother, stepfather, stepmother, stepsister, stepbrother, foster parent, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, step-child, foster child or ward of the employee and any other persons living in the household of the employee, for five (5) working days which shall include the day of the funeral.
(b) in the event of the death of the employee’s aunt, uncle, niece, nephew or ex-spouse for one (1) working day which must be the date of the funeral.
29.02 An employee may be granted up to three (3) additional working days leave without loss of pay at the discretion of the Employer for the purpose of travel to attend the funeral of a relative set out in 29.01 (a) or to carry out executor/administrator of estate duties which the employee may be obliged to perform following the death of such relative.
ARTICLE 30 – COURT LEAVE
30.01 An employee is entitled to leave with pay when he/she is required to attend as a witness in any proceeding where the attendance of witnesses is compelled by law.
30.02 An employee is not entitled to this leave with pay when:
(a) he/she is on leave of absence without pay or under suspension, or
(b) the court or similar proceedings have been initiated by himself/herself, or
(c) he/she is made a party to court or similar proceedings not associated with his/her employment.
30.03 (a) Where paid court leave is granted that is associated with the employee’s employment, any fees received by the employee for attendance as a witness, including monies received for kilometrage and expenses, shall be remitted to the Employer and expenses may be claimed in accordance with the Travel Policy.
(b) Where paid court leave is granted that is not associated with an employee’s employment, any fees received by the employee for attendance as a witness, except for monies received for kilometrage and expenses, shall be remitted to the Employer.
ARTICLE 31 – EMERGENCY LEAVE
31.01 Emergency leave with pay may be granted to an employee for up to five (5) working days in any calendar year:
(a) where circumstances not directly attributable to the employee prevent him/her from reporting for duty;
(b) for the employee’s medical, dental or any other health related appointments when it is not possible for the employee to arrange such appointments outside the hours of work;
(c) to accompany a child or spouse in a medical emergency, or to be with a member of the immediate family in the crisis of a serious illness; or
(d) under such other circumstances as the Employer may approve.
ARTICLE 32 – FAMILY RESPONSIBILITY LEAVE
32.01 Family responsibility leave with pay may be granted to an employee for up to three (3) working days in any calendar year to provide for the immediate and temporary care of a dependent member of the employee’s family when no one other than the employee can provide same.
ARTICLE 33 – PALLBEARER LEAVE
33.01 One-half (½) day’s leave shall be granted to attend a funeral as pallbearer, plus travelling time if necessary. The total leave is not to exceed one (1) day.
ARTICLE 34 – LEAVE FOR INSTITUTE BUSINESS
34.01 The Institute shall inform the Employer in writing of the name of the Institute’s Stewards within the Group by providing an updated list as changes occur.
34.02 An Institute Steward shall obtain the permission of the Steward’s immediate supervisor before leaving work to investigate with fellow employees’ complaints of an urgent nature, to meet with management for the purpose of dealing with disciplinary matters and grievances, and to attend meetings called by management. Such permission shall not be unreasonably withheld.
34.03 Where operational requirements permit, the Employer shall grant two (2) days’ leave without pay per year to Institute Stewards to undertake training related to the duties of an Institute Steward.
34.04 Where an Institute Steward represents an employee at a meeting with the Employer under Article 14 (Discipline) and Article 12 (Grievance Procedure), the Employer shall, where operational requirements permit, grant leave with pay to the Institute Steward.
34.05 Where operational requirements permit, the Employer shall grant leave with pay to an employee:
(a) where the Employer originates a meeting with the employee who has filed the grievance;
(b) where an employee who has filed a grievance seeks to meet with the Employer.
34.06 Where an employee has asked for or is obliged to be represented by the Institute in relation to the presentation of a grievance, and the Institute Steward wishes to discuss the grievance with that employee, the employee and the Institute Steward shall, where operational requirements permit, be given reasonable leave with pay for this purpose.
34.07 Where operational requirements permit, the Employer shall grant leave with pay to a reasonable number of employees who are meeting with management in joint consultation.
34.08 Where operational requirements permit, the Employer shall grant leave without pay to a reasonable number of employees to attend preparatory contract negotiations meetings.
34.09 The Employer shall grant leave without pay to three (3) employees of the Group to attend contract negotiations meetings. Employees shall request such leave as soon as the employees become aware of the appropriate dates.
34.10 When leave without pay is granted under this Article, the Employer shall continue to pay the employee or Institute Steward and the Institute shall reimburse the Employer. Employees and Institute Stewards shall continue to accumulate seniority and other benefits while on such leave without pay for Institute business.
ARTICLE 35 – ADDITIONAL LEAVE
35.01 Additional leave of absence with or without pay may be granted to an employee where circumstances warrant.
35.02 Employees applying for leave without pay may make arrangements to have prorated pay deductions over twenty-six (26) pay periods to provide income continuity for a maximum of two (2) months.
ARTICLE 36 – VOLUNTEER LEAVE
36.01 Volunteer leave with pay may be granted to an employee for up to one (1) working day in any calendar year to work as a volunteer for a nonprofit organization or for community involvement with the non-profit sector.
36.02 An advance notice of at least five (5) working days and a confirmation of involvement from the organization/sector are required.
36.03 The leave shall be scheduled at times convenient to both the employee and the Employer.
ARTICLE 37 – HEALTH AND SAFETY
37.01 The parties agree that the provisions of the Occupational Health and Safety Act apply to this Bargaining Group.
37.02 A Joint Health and Safety Committee shall be constituted in accordance with the Occupational Health and Safety Act. The Committee shall:
(a) have representation from the Institute;
(b) be involved in the establishment and enforcement of policies involving safety practices;
(c) keep the employees informed of all policies involving safety practices;
(d) maintain an appropriate bulletin board for the exclusive use of the Committee;
(e) carry out safety inspections and investigate reported unsafe conditions; and
(f) post minutes of all Committee meetings on bulletin boards.
37.03 No employee who is a member of the Committee shall suffer any loss of regular pay or benefit for time spent attending meetings of the Committee.
ARTICLE 38 – EMPLOYEE BENEFITS PROGRAMS
38.01 – Group Life Insurance – The group life insurance coverage shall be as determined by the Plan accepted by the Standing Committee on Insured Benefits. Accidental Death and Dismemberment Insurance will be provided on a voluntary basis, at the employee's cost.
38.02 – Health and Dental Plans
(a) The Employer shall pay seventy-five percent (75%) of the cost of premiums of the existing Province of New Brunswick Health Plan or its equivalent for all employees. Employee enrollment in this Plan shall be on a voluntary basis. The Employer shall deduct the employee's share of the cost of the premium of the Plan when so authorized by the employee.
(b) The Employer shall pay fifty percent (50%) of the cost of premiums of the existing Province of New Brunswick Dental Plan or its equivalent for all employees. Employee enrollment in this Plan shall be on a voluntary basis. The Employer shall deduct the employee's share of the cost of the premium of the Plan when so authorized by the employee.
38.03 – Coverage on Retirement – Employees shall have the option to transfer their health and dental care coverage on retirement to the applicable group plan for retired employees as administered by the Employer.
38.04 – Workers' Compensation Leave – An employee receiving compensation benefits under the Workplace Health, Safety and Compensation Commission Act for injury on the job shall receive the difference between the net salary* and the benefit that is paid by WorksafeNB for the disability. For the purpose of this Article, where the WorksafeNB benefits are reduced by any Canada Pension Plan payments such payment shall be deemed to form part of the WorksafeNB benefits.
*Net salary - Gross income less tax deductions, E.I., and C.P.P. deductions.
38.05 - Long Term Disability
(a) The Employer shall administer for the employees of the Bargaining Group the Long Term Disability (LTD) Plan for Employees of the Province of New Brunswick in accordance with the terms and conditions of the Plan.
(b) An employee who is deemed disabled and qualifies for benefits under the LTD Plan may be granted appropriate leaves to reconcile absence from work during his/her period of total disability up to twenty-eight (28) months. Such leave shall not be unreasonably withheld. Such leave of absence shall expire if the employee receives a permanent disability pension or accepts alternate employment.
38.06 – Law Society Fees – The Employer will make the payment for each employee’s mandatory annual Law Society of New Brunswick and Canadian Bar Association fees.
38.07 – Professional Development – The Employer will provide or make the payment for no less than the New Brunswick Law Society’s minimum requirement for mandatory continued professional development. To allow for the provision of professional development in a cost effective manner, employees shall make all reasonable efforts to attend the professional development training when it is provided by the Employer. This would include consulting with the employee’s Director to make alternative arrangements where a scheduling conflict arises.
ARTICLE 39 – RETIREMENT AND LAYOFF ALLOWANCE
39.01 Discontinuance of Retirement Allowance
(a) Subject to the limitations in 39.01(b)(d), 39.02 and 39.03 below, when an employee having a continuous service date falling before June 30, 2016 and continuous service of five (5) years or more retires due to disability, age or death, the Employer shall pay the employee or beneficiary a retirement allowance equal to five (5) days' pay for each full year of service but not exceeding one hundred and twenty-five (125) days’ pay, which when granted will be paid in a lump sum at the employee's regular rate of pay.
(b) When an employee with a continuous service date falling before June 30, 2016 retires due to disability, age or death, the retirement allowance shall be paid in a lump sum no later than twenty-four (24) months following the date of retirement or death.
(c) For the purpose of retirement allowance, in the absence of mutual agreement respecting an employee’s permanent disability, a Board of Doctors shall be appointed. The Board shall be composed of one (1) doctor appointed by the Institute, one (1) doctor appointed by the Employer and one (1) doctor selected by the two (2) so appointed, who shall be the Chair. The Board so constituted shall decide whether or not an employee is permanently disabled and its decision shall be final and binding on the parties. The expenses of this Board shall be paid for in the same manner as if it were an Adjudication Board. If the permanent disability of an employee has been established under the Workplace Health, Safety and Compensation Commission Act or the Canada Pension Act, a Board of Doctors under this Article shall not be required.
(d) The retirement allowance will be discontinued effective June 30, 2016 as follows:
(i) Employees with a continuous service date falling on or after June 30, 2016 are not eligible for a retirement allowance.
(ii) Employees with a continuous service date falling before June 30, 2016 shall retain the full years of continuous service accumulated up to June 29, 2016 for the purpose of calculating the retirement allowance. These employees will not accumulate further service credits beyond June 29, 2016 for the purpose of calculating the retirement allowance.
39.02 – Payment of Retirement Allowance
(a) Any employee with a continuous service date falling before June 30, 2016 and who therefore remains eligible for a retirement allowance may select one (1) of the following two (2) options for the payment of retirement allowance earned up to June 29, 2016:
(i) an immediate single lump sum payment based on the employee’s full years of continuous service and regular rate of pay on June 29, 2016; or
(ii) a single lump sum payment deferred to the time of the employee’s retirement, based on the employee’s full years of continuous service on (June 29, 2016 and regular rate of pay at the date of retirement. The lump sum payment shall be made no later than twenty-four (24) months following the date of retirement.
(b) The immediate lump sum payment option in (a)(i) is also available to employees with a continuous service date falling before June 30, 2016 and who have not yet accumulated five (5) years or more of continuous service.
(c) An employee who selects an immediate lump sum payment under (a)(i) will not be eligible for any further retirement allowance payment at their retirement.
(d) To assist the employees in making their payment selection, the Employer will advise eligible employees of their full years of continuous service for the purpose of calculating the retirement allowance no later than three (3) months after the date of signing of the Collective Agreement.
(e) Employees will have until December 30, 2016 to advise the Employer that they select an immediate payment of their retirement allowance under (a) (i). Where an employee has not advised the Employer of their selection of an immediate payment by December 30, 2016 the employee will be deemed to have deferred their payment until retirement in accordance with (a) (ii).
39.03 – Layoff Allowance
(a) The accumulation of service for the purpose of calculating a layoff allowance shall continue after June 30, 2016 for all employees.
(b) When an employee having continuous service of five (5) years or more is laid off, the Employer shall pay such an employee a layoff allowance equal to five (5) days' pay for each full year of continuous service but not exceeding one hundred and twenty-five (125) days' pay at the employee's regular rate of pay. Such allowance for part-time employees will be pro-rated on the basis of time worked in relation to the hours normally worked by a full-time employee.
(c) Where an employee is laid off, the layoff allowance shall be paid in a lump sum twelve (12) months after the date the employee was laid off, to the employee, the employee’s beneficiary or estate as the case may be.
39.04 Employees qualifying for and electing early retirement under the Public Service Superannuation Act shall be entitled to a retirement allowance.
39.05 At the option of the employee, retirement allowance may be taken in the form of pre-retirement leave in accordance with Schedule C.
ARTICLE 40 – TRANSFER OF BENEFITS
40.01 Upon appointment to Part I from Parts II, III or IV of the Public Service, providing no break in service of more than forty-five (45) calendar days has occurred, an employee is entitled to:
(a) transfer unused sick leave credits up to a maximum of two-hundred and forty (240) days credit,
(b) transfer unused vacation leave credits or to take cash in lieu, at the employee's option,
(c) include the number of years continuous employment in the Public Service for purposes of calculating vacation leave and retirement allowance entitlements. The total number of years of continuous employment cannot be included when the employee's terms and conditions of employment immediately prior to transfer did not include a retirement allowance provision, and
(d) transfer accumulated pension credits to any other pension plan that is applicable upon the employee’s becoming employed in another part of the Public Service according to the terms of the reciprocal Agreement in effect.
ARTICLE 41 – TECHNOLOGICAL CHANGE
41.01 For the purpose of this Article, technological change is a change in the Employer’s operation directly related to the introduction of equipment or material which will result in changes in the employment status or significant change in working conditions of employees.
41.02 The Employer agrees to introduce technological change in a manner which, as much as possible, will minimize the disruptive effects on employees and services to the public. Where technological change is to be implemented the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
41.03 (a) The Employer will give the Institute written notice of technological change at least four (4) months prior to the date the change is to be implemented. During this period the parties will meet to discuss the steps to be taken to assist employees who could be affected.
(b) The written notice provided for in clause 41.03 (a) will provide the following information:
(i) the nature and degree of change;
(ii) the anticipated date or dates on which the Employer plans to effect change;
(iii) the location or locations involved.
(c) As soon as reasonably practicable after notice is given, the Employer shall consult with the Institute concerning the effects of technological change referred to in clause 41.01 on each group of employees. Such consultation will include but not necessarily be limited to the following:
(i) the approximate number, class and location of employees likely to be affected by the change;
(ii) the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.
41.04 If, as a result of a change in technology, the Employer requires an employee to undertake additional training, the training will be provided to the employee. Such training shall be given during the hours of work whenever possible. Any training due to technological change shall be at the Employer’s expense without loss of pay to the employee. Time spent on such training shall be considered hours worked.
ARTICLE 42 – SENIORITY
42.01 Seniority for the purpose of this Agreement is defined as the length of service from date of hiring as an employee, subject to Article 42.04 (a) and (b).
42.02 A seniority list showing employee names, classification, total days of seniority, commencement date and work location shall be posted by seniority on appropriate bulletin boards during February of each year. Employees may request a review of their placement on the seniority list within thirty (30) days of its posting.
42.03 When an employee has been employed on a casual or temporary basis and is subsequently appointed to a position in the Bargaining Unit, such employee shall have seniority dated back to the date of hiring on a casual or temporary basis, provided the employee has not had a break in service for more than thirty (30) working days.
42.04 (a) An employee shall retain previous seniority but shall not accumulate additional seniority when on a continuous period of absence from work exceeding one half (½) the number of working days in any one (1) month due to:
(i) leave of absence without pay;
(ii) suspension from duty; or
(iii) layoff not in excess of twelve (12) months.
(b) An employee shall lose seniority rights in the event the employee:
(i) tenders written resignation or retires;
(ii) is discharged and not reinstated;
(iii) has been laid off for a period in excess of twelve (12) continuous months;
(iv) is absent from work for five (5) consecutive working days without notifying the employee’s immediate supervisor giving a satisfactory reason for such absence;
(v) when called back from layoff, fails to report to work within fourteen (14) calendar days of notice sent by registered mail to the address on record with the Employer, except in the case of an employee called back for work of a casual or short-term duration at a time when the employee is employed elsewhere. In such a case, refusal of employment shall not result in loss of seniority rights.
42.05 – Seniority while acting outside the Bargaining Unit
(a) Where an employee accepts an acting position outside the Bargaining Unit for a period of time not to exceed twelve (12) months and later returns to the Bargaining Unit, the employee shall have seniority calculated as if the employee had not left the Bargaining Unit.
(b) Where an employee accepts an acting position outside the Bargaining Unit for a period of time exceeding twelve (12) months and later returns to the Bargaining Unit, the employee shall accumulate seniority for the first twelve (12) months only but shall retain all previously accumulated seniority on returning to the regular position following this secondment.
ARTICLE 43 – PERSONAL LIABILITY PROTECTION
43.01 (a) Where an employee is:
(i) alleged to have committed a tort, including malicious prosecution,
(ii) charged with a criminal or any other offense, or
(iii) alleged to have breached the Law Society of New Brunswick Code of Professional Conduct (the “Code”),
the Employer shall defend, negotiate or settle the claim. When necessary, the Employer shall pay all loss, damages, costs and expenses provided the employee has acted in good faith and within the scope of employment.
(b) Whenever the Employer defends an employee pursuant to (a), the Employer shall have the general conduct of the action.
(c) In such cases, counsel shall be appointed by the Deputy Attorney General. Where the employee has a concern with respect to the appointment of such counsel, the employee shall bring the concern to the attention of the Assistant Deputy Attorney General for the Deputy Attorney General’s consideration. Appointed counsel shall represent the interests of both the employee and the Employer.
43.02 Except where an employee is charged with a criminal or any other offence or alleged to have breached the Code, the employee’s rights as expressed in this Article are conditional upon:
(a) the co-operation of the employee with the Employer in all matters, except in a pecuniary way, relating to the defense of the claim, including, when requested by the Employer, attending all meetings, hearings and trials, assisting in effecting any settlement, securing and giving evidence, and obtaining the attendance of witnesses;
(b) the employee not assuming any obligation, admitting any liability or taking any steps to compromise the defense of the claim without the prior written approval of the Employer;
(c) the claim not being covered by any policy of insurance effected directly or indirectly for the benefit of the employee, but a homeowner’s policy of insurance, providing personal liability coverage for the employee is not considered to be a policy of insurance for the purposes of this paragraph;
(d) the employee agreeing that any costs recovered in the defense of the action is the property of the Employer; the employee further agreeing to release such costs in favour of the Employer and executing any documentation required to ensure that the costs awarded are paid to the Employer.
43.03 In the event the Employer is required to make a payment on behalf of an employee pursuant to this Article, the Employer will not seek indemnification from the employee.
43.04 The Employer recognizes the ethical obligations of employees as members of the Law Society of New Brunswick and that they are subject to its Code of Professional Conduct. Where an employee believes a conflict exists between duties assigned and the Code, the employee shall bring the concern to the attention of the employee’s immediate supervisor for appropriate action, including consultation with the Assistant Deputy Attorney General.
ARTICLE 44 – DURATION AND TERMINATION
44.01 This Agreement shall be for a term commencing July 1, 2018, and ending September 30, 2020, unless otherwise specifically provided for in this Agreement.
44.02 This Agreement shall remain in full force and effect until such time as an Agreement has been signed in respect of a renewal, amendment, or substitution thereof, or until such time as a deadlock is declared under the Public Service Labour Relations Act.
44.03 – Pay Entitlement of Former Employees – Where the parties have negotiated a retroactive pay increase, persons who ceased to be employees during the retroactive period are entitled to the retroactive pay except in the case where an employee is discharged or abandons his position.
44.04 When an employee who is entitled to receive pay or retirement allowance dies, the amount owed is paid to the spouse or if there is no spouse, the estate of the deceased employee.
IN WITNESS WHEREOF THE PARTIES HAVE SIGNED THIS 31st DAY OF OCTOBER 2018
FOR THE INSTITUTE
Debi Daviau
Pierre Ouellet
Clémence Talbot
Karen L. Caverhill
Keith Mullin
FOR THE EMPLOYER
Hon. Roger Melanson
Diane Audet-Léger
Luc J. Sirois
Elizabeth Strange
André Messier
Rosane Carter
Troy Richardson
Megan Kervin
SCHEDULE A
BIWEEKLY RATES OF PAY EFFECTIVE: JULY 1, 2018
0.50%
Lawyer
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2024 | 2051 | 2077 | 2104 | 2133 | 2160 | 2189 | 2219 | 2248 | 2279 | 2309 | 2340 |
| 52624 | 53326 | 54002 | 54704 | 55458 | 56160 | 56914 | 57694 | 58448 | 59254 | 60034 | 60840 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | -22 | -23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2371 | 2403 | 2434 | 2466 | 2498 | 2531 | 2564 | 2599 | 2635 | 2669 | 2705 | 2741 |
| 61646 | 62478 | 63284 | 64116 | 64948 | 65806 | 66664 | 67574 | 68510 | 69394 | 70330 | 71266 |
| -25 | -26 | -27 | -28 | -29 | -30 | -31 | 32 | 33 | 34 | 35 | 36 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2776 | 2813 | 2851 | 2888 | 2927 | 2966 | 3005 | 3046 | 3086 | 3128 | 3169 | 3210 |
| 72176 | 73138 | 74126 | 75088 | 76102 | 77116 | 78130 | 79196 | 80236 | 81328 | 82394 | 83460 |
| 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3254 | 3296 | 3341 | 3384 | 3429 | 3474 | 3521 | 3568 | 3614 | 3664 | 3711 | 3760 |
| 84604 | 85696 | 86866 | 87984 | 89154 | 90324 | 91546 | 92768 | 93964 | 95264 | 96486 | 97760 |
| 49 | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3809 | |||||||||||
| 99034 |
Senior Lawyer
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3847 | 3897 | 3945 | 3996 | 4041 | 4086 | 4138 | 4187 | 4239 | 4287 | 4339 | 4393 |
| 100022 | 101322 | 102570 | 103896 | 105066 | 106236 | 107588 | 108862 | 110214 | 111462 | 112814 | 114218 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | CPM -22 |
-23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 4443 | 4496 | 4550 | 4606 | 4659 | 4715 | 4774 | 4832 | 4889 | 4947 | 5007 | 5068 |
| 115518 | 116896 | 118300 | 119756 | 121134 | 122590 | 124124 | 125632 | 127114 | 128622 | 130182 | 131768 |
| -25 | Disc. Max -26 |
27 | 28 | 29 | 30 | ||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 5128 | 5196 | 5259 | 5324 | 5386 | 5455 | ||||||
| 133328 | 135096 | 136734 | 138424 | 140036 | 141830 |
Upon appointment as a Practice Group Coordinator, a Senior Lawyer may be granted, at the discretion of the Deputy Head, a responsibility allowance of up to an additional four steps in the pay range. The control point maximum for Practice Group Coordinator is therefore step 26 in the Senior Lawyer pay range. The responsibility allowance is considered part of base pay. Payment of the responsibility allowance is for the duration of appointment as a Practice Group Coordinator. The pay of an employee who is no longer a Practice Group Coordinator will revert back to the normal control point maximum for the pay range. Steps 27-30 in the Senior Lawyer pay range are re-earnable increments restricted to Practice Group Coordinators.
BIWEEKLY RATES OF PAY EFFECTIVE THE 31ST DAY OF OCTOBER 2018: LAWYER 2 ADJUSTMENT TO CPM AND ELIMINATION OF RE-EARNABLE INCREMENTS
Lawyer 1
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2024 | 2051 | 2077 | 2104 | 2133 | 2160 | 2189 | 2219 | 2248 | 2279 | 2309 | 2340 |
| 52624 | 53326 | 54002 | 54704 | 55458 | 56160 | 56914 | 57694 | 58448 | 59254 | 60034 | 60840 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | -22 | -23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2371 | 2403 | 2434 | 2466 | 2498 | 2531 | 2564 | 2599 | 2635 | 2669 | 2705 | 2741 |
| 61646 | 62478 | 63284 | 64116 | 64948 | 65806 | 66664 | 67574 | 68510 | 69394 | 70330 | 71266 |
| -25 | -26 | -27 | -28 | -29 | -30 | -31 | 32 | 33 | 34 | 35 | 36 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2776 | 2813 | 2851 | 2888 | 2927 | 2966 | 3005 | 3046 | 3086 | 3128 | 3169 | 3210 |
| 72176 | 73138 | 74126 | 75088 | 76102 | 77116 | 78130 | 79196 | 80236 | 81328 | 82394 | 83460 |
| 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3254 | 3296 | 3341 | 3384 | 3429 | 3474 | 3521 | 3568 | 3614 | 3664 | 3711 | 3760 |
| 84604 | 85696 | 86866 | 87984 | 89154 | 90324 | 91546 | 92768 | 93964 | 95264 | 96486 | 97760 |
| 49 | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3809 | |||||||||||
| 99034 |
Lawyer 2
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3847 | 3897 | 3945 | 3996 | 4041 | 4086 | 4138 | 4187 | 4239 | 4287 | 4339 | 4393 |
| 100022 | 101322 | 102570 | 103896 | 105066 | 106236 | 107588 | 108862 | 110214 | 111462 | 112814 | 114218 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | CPM -22 |
-23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 4443 | 4496 | 4550 | 4606 | 4659 | 4715 | 4774 | 4832 | 4889 | 5041 | 5102 | 5164 |
| 115518 | 116896 | 118300 | 119756 | 121134 | 122590 | 124124 | 125632 | 127114 | 131066 | 132652 | 134264 |
| -25 | (Acting Pay*) -26* |
||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 5225 | 5295 | ||||||||||
| 135850 | 137670 |
*The Lawyer 2 pay steps 23, 24, 25 and 26 are reserved for Lawyer 2 (at pay step 19 to 22) in an acting assignment pursuant to article 20.05.
BIWEEKLY RATES OF PAY EFFECTIVE JANUARY 1, 2019 :
0.50%
Lawyer 1
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2034 | 2061 | 2087 | 2115 | 2144 | 2171 | 2200 | 2230 | 2259 | 2290 | 2321 | 2352 |
| 52884 | 53586 | 54262 | 54990 | 55744 | 56446 | 57200 | 57980 | 58734 | 59540 | 60346 | 61152 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | -22 | -23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2383 | 2415 | 2446 | 2478 | 2510 | 2544 | 2577 | 2612 | 2648 | 2682 | 2719 | 2755 |
| 61958 | 62790 | 63596 | 64428 | 65260 | 66144 | 67002 | 67912 | 68848 | 69732 | 70694 | 71630 |
| -25 | -26 | -27 | -28 | -29 | -30 | -31 | 32 | 33 | 34 | 35 | 36 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2790 | 2827 | 2865 | 2902 | 2942 | 2981 | 3020 | 3061 | 3101 | 3144 | 3185 | 3226 |
| 72540 | 73502 | 74490 | 75452 | 76492 | 77506 | 78520 | 79586 | 80626 | 81744 | 82810 | 83876 |
| 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3270 | 3312 | 3358 | 3401 | 3446 | 3491 | 3539 | 3586 | 3632 | 3682 | 3730 | 3779 |
| 85020 | 86112 | 87308 | 88426 | 89596 | 90766 | 92014 | 93236 | 94432 | 95732 | 96980 | 98254 |
| 49 | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3828 | |||||||||||
| 99528 |
Lawyer 2
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3866 | 3916 | 3965 | 4016 | 4061 | 4106 | 4159 | 4208 | 4260 | 4308 | 4361 | 4415 |
| 100516 | 101816 | 103090 | 104416 | 105586 | 106756 | 108134 | 109408 | 110760 | 112008 | 113386 | 114790 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | CPM -22 |
-23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 4465 | 4518 | 4573 | 4629 | 4682 | 4739 | 4798 | 4856 | 4913 | 5066 | 5128 | 5190 |
| 116090 | 117468 | 118898 | 120354 | 121732 | 123214 | 124748 | 126256 | 127738 | 131716 | 133328 | 134940 |
| -25 | (Acting Pay*) -26 |
||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 5251 | 5321 | ||||||||||
| 136526 | 138346 |
*The Lawyer 2 pay steps 23, 24, 25 and 26 are reserved for Lawyer 2 (at pay step 19 to 22) in an acting assignment pursuant to article 20.05.
BIWEEKLY RATES OF PAY EFFECTIVE: JULY 1, 2019
0.50%
Lawyer 1
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2044 | 2071 | 2097 | 2126 | 2155 | 2182 | 2211 | 2241 | 2270 | 2301 | 2333 | 2364 |
| 53144 | 53846 | 54522 | 55276 | 56030 | 56732 | 57486 | 58266 | 59020 | 59826 | 60658 | 61464 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | -22 | -23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2395 | 2427 | 2458 | 2490 | 2523 | 2557 | 2590 | 2625 | 2661 | 2695 | 2733 | 2769 |
| 62270 | 63102 | 63908 | 64740 | 65598 | 66482 | 67340 | 68250 | 69186 | 70070 | 71058 | 71994 |
| -25 | -26 | -27 | -28 | -29 | -30 | -31 | 32 | 33 | 34 | 35 | 36 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2804 | 2841 | 2879 | 2917 | 2957 | 2996 | 3035 | 3076 | 3117 | 3160 | 3201 | 3242 |
| 72904 | 73866 | 74854 | 75842 | 76882 | 77896 | 78910 | 79976 | 81042 | 82160 | 83226 | 84292 |
| 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3286 | 3329 | 3375 | 3418 | 3463 | 3508 | 3557 | 3604 | 3650 | 3700 | 3749 | 3798 |
| 85436 | 86554 | 87750 | 88868 | 90038 | 91208 | 92482 | 93704 | 94900 | 96200 | 97474 | 98748 |
| 49 | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3847 | |||||||||||
| 100022 |
Lawyer 2
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3885 | 3936 | 3985 | 4036 | 4081 | 4127 | 4180 | 4229 | 4281 | 4330 | 4383 | 4437 |
| 101010 | 102336 | 103610 | 104936 | 106106 | 107302 | 108680 | 109954 | 111306 | 112580 | 113958 | 115362 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | CPM -22 |
-23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 4487 | 4541 | 4596 | 4652 | 4705 | 4763 | 4822 | 4880 | 4938 | 5091 | 5154 | 5216 |
| 116662 | 118066 | 119496 | 120952 | 122330 | 123838 | 125372 | 126880 | 128388 | 132366 | 134004 | 135616 |
| -25 | (Acting Pay*) -26 |
||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 5277 | 5348 | ||||||||||
| 137202 | 139048 |
*The Lawyer 2 pay steps 23, 24, 25 and 26 are reserved for Lawyer 2 (at pay step 19 to 22) in an acting assignment pursuant to article 20.05.
BIWEEKLY RATES OF PAY EFFECTIVE: JANUARY 1, 2020
0.50%
Lawyer 1
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2054 | 2081 | 2107 | 2137 | 2166 | 2193 | 2222 | 2252 | 2281 | 2313 | 2345 | 2376 |
| 53404 | 54106 | 54782 | 55562 | 56316 | 57018 | 57772 | 58552 | 59306 | 60138 | 60970 | 61776 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | -22 | -23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2407 | 2439 | 2470 | 2502 | 2536 | 2570 | 2603 | 2638 | 2674 | 2708 | 2747 | 2783 |
| 62582 | 63414 | 64220 | 65052 | 65936 | 66820 | 67678 | 68588 | 69524 | 70408 | 71422 | 72358 |
| -25 | -26 | -27 | -28 | -29 | -30 | -31 | 32 | 33 | 34 | 35 | 36 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2818 | 2855 | 2893 | 2932 | 2972 | 3011 | 3050 | 3091 | 3133 | 3176 | 3217 | 3258 |
| 73268 | 74230 | 75218 | 76232 | 77272 | 78286 | 79300 | 80366 | 81458 | 82576 | 83642 | 84708 |
| 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3302 | 3346 | 3392 | 3435 | 3480 | 3526 | 3575 | 3622 | 3668 | 3719 | 3768 | 3817 |
| 85852 | 86996 | 88192 | 89310 | 90480 | 91676 | 92950 | 94172 | 95368 | 96694 | 97968 | 99242 |
| 49 | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3866 | |||||||||||
| 100516 |
Lawyer 2
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3904 | 3956 | 4005 | 4056 | 4101 | 4148 | 4201 | 4250 | 4302 | 4352 | 4405 | 4459 |
| 101504 | 102856 | 104130 | 105456 | 106626 | 107848 | 109226 | 110500 | 111852 | 113152 | 114530 | 115934 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | CPM -22 |
-23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 4509 | 4564 | 4619 | 4675 | 4729 | 4787 | 4846 | 4904 | 4963 | 5116 | 5180 | 5242 |
| 117234 | 118664 | 120094 | 121550 | 122954 | 124462 | 125996 | 127504 | 129038 | 133016 | 134680 | 136292 |
| -25 | (Acting Pay*) -26 |
||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 5303 | 5375 | ||||||||||
| 137878 | 139750 |
*The Lawyer 2 pay steps 23, 24, 25 and 26 are reserved for Lawyer 2 (at pay step 19 to 22) in an acting assignment pursuant to article 20.05.
BIWEEKLY RATES OF PAY EFFECTIVE: JULY 1, 2020
0.25%
Lawyer 1
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2059 | 2086 | 2112 | 2142 | 2171 | 2198 | 2228 | 2258 | 2287 | 2319 | 2351 | 2382 |
| 53534 | 54236 | 54912 | 55692 | 56446 | 57148 | 57928 | 58708 | 59462 | 60294 | 61126 | 61932 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | -22 | -23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2413 | 2445 | 2476 | 2508 | 2542 | 2576 | 2610 | 2645 | 2681 | 2715 | 2754 | 2790 |
| 62738 | 63570 | 64376 | 65208 | 66092 | 66976 | 67860 | 68770 | 69706 | 70590 | 71604 | 72540 |
| -25 | -26 | -27 | -28 | -29 | -30 | -31 | 32 | 33 | 34 | 35 | 36 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 2825 | 2862 | 2900 | 2939 | 2979 | 3019 | 3058 | 3099 | 3141 | 3184 | 3225 | 3266 |
| 73450 | 74412 | 75400 | 76414 | 77454 | 78494 | 79508 | 80574 | 81666 | 82784 | 83850 | 84916 |
| 37 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 45 | 46 | 47 | 48 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3310 | 3354 | 3400 | 3444 | 3489 | 3535 | 3584 | 3631 | 3677 | 3728 | 3777 | 3827 |
| 86060 | 87204 | 88400 | 89544 | 90714 | 91910 | 93184 | 94406 | 95602 | 96928 | 98202 | 99502 |
| 49 | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3876 | |||||||||||
| 100776 |
Lawyer 2
| -1 | -2 | -3 | -4 | -5 | -6 | -7 | -8 | -9 | -10 | -11 | -12 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 3914 | 3966 | 4015 | 4066 | 4111 | 4158 | 4212 | 4261 | 4313 | 4363 | 4416 | 4470 |
| 101764 | 103116 | 104390 | 105716 | 106886 | 108108 | 109512 | 110786 | 112138 | 113438 | 114816 | 116220 |
| -13 | -14 | -15 | -16 | -17 | -18 | -19 | -20 | -21 | CPM -22 |
-23 | -24 |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 4520 | 4575 | 4631 | 4687 | 4741 | 4799 | 4858 | 4916 | 4975 | 5129 | 5193 | 5255 |
| 117520 | 118950 | 120406 | 121862 | 123266 | 124774 | 126308 | 127816 | 129350 | 133354 | 135018 | 136630 |
| -25 | (Acting Pay*) -26 |
||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 5316 | 5388 | ||||||||||
| 138216 | 140088 |
*The Lawyer 2 pay steps 23, 24, 25 and 26 are reserved for Lawyer 2 (at pay step 19 to 22) in an acting assignment pursuant to article 20.05.
SCHEDULE B
Eligibility for Merit Increases
Lawyer 1
Accelerated progression - reviewed bi-annually
| At the end of the probationary period | May receive up to three (3) pay steps |
|---|---|
| Employee’s first anniversary date | May receive up to three (3) pay steps; at the discretion of the Deputy Attorney General or designate, an additional increase of up to two (2) pay steps may be granted |
| Common anniversary date – April 1* | May receive up to three (3) pay steps; at the discretion of the Deputy Attorney General or designate, an additional increase of up to two (2) pay steps may be granted |
| Bi-annual review - October 1* | May receive up to three (3) pay steps |
*The number of pay steps granted may be pro-rated depending on the date of the last review.
Lawyer 2
Normal progression - reviewed annually
| Employee’s first anniversary date | May receive up to two (2) pay steps; at the discretion of the Deputy Attorney General or designate, an additional increase of up to three (3) pay steps may be granted |
| Common anniversary date – April 1* | May receive up to two (2) pay steps; at the discretion of the Deputy Attorney General or designate, an additional increase of up to three (3) pay steps may be granted |
*The number of pay steps granted may be pro-rated depending on the date of the last review.
SCHEDULE C
PRE RETIREMENT LEAVE PLAN FOR EMPLOYEES WITH A CONTINUOUS SERVICE DATE FALLING BEFORE JUNE 30, 2016 AND WHO HAVE DEFERRED THE PAYMENT OF THEIR RETIREMENT ALLOWANCE IN ACCORDANCE WITH ARTICLE 39.02(a)(ii)
| NUMBER OF YEARS PRIOR TO RETIREMENT | |||||
|---|---|---|---|---|---|
| NO. DAYS ENTITLEMENT AT RETIREMENT |
5 | 4 | 3 | 2 | 1 |
| 25 | 2 | 3 | 4 | 6 | 10 |
| 30 | 2 | 4 | 5 | 7 | 12 |
| 35 | 3 | 4 | 6 | 8 | 14 |
| 40 | 3 | 5 | 6 | 10 | 16 |
| 45 | 4 | 5 | 7 | 11 | 18 |
| 50 | 4 | 6 | 8 | 12 | 20 |
| 55 | 4 | 7 | 9 | 13 | 22 |
| 60 | 5 | 7 | 10 | 14 | 24 |
| 65 | 5 | 8 | 10 | 16 | 26 |
| 70 | 6 | 8 | 11 | 17 | 28 |
| 75 | 6 | 9 | 12 | 18 | 30 |
| 80 | 6 | 10 | 13 | 19 | 32 |
| 85 | 7 | 10 | 14 | 20 | 34 |
| 90 | 7 | 11 | 14 | 22 | 36 |
| 95 | 8 | 11 | 15 | 23 | 38 |
| 100 | 8 | 12 | 16 | 24 | 40 |
| 105 | 8 | 13 | 17 | 25 | 42 |
| 110 | 9 | 13 | 18 | 26 | 44 |
| 115 | 9 | 14 | 18 | 28 | 46 |
| 120 | 10 | 14 | 19 | 29 | 48 |
| 125 | 10 | 15 | 20 | 30 | 50 |
- Any retirement allowance days not used in the year in which they could have been may be carried over for use in any subsequent year.
- Retirement allowance days not used at the date of retirement will be paid in cash.
- In order to allow for orderly work scheduling, a request to use retirement allowance days should be submitted to the employee's supervisor twice as many working days in advance as the number of retirement allowance days being requested, e.g. a request to use twenty-five (25) days should be submitted at least fifty (50) days in advance.
- A person must compensate the Province for retirement leave which was taken but which the person was not eligible to receive, and the amount of the compensation is to be calculated using the employee's rate of pay at termination.
- Retirement allowance days may be taken in the calendar year in which the entitlement provision applies.
MEMORANDUM OF UNDERSTANDING
Between
Treasury Board
And
The New Brunswick Crown Counsel Group
Contracting Out and Workload
The Employer agrees to give the Institute one hundred and eighty (180) days’ notice in writing of its intention to contract out any Bargaining Unit work which may result in the layoff of any member(s) of the Institute.
The Parties agree to study the issue of Contracting Out, as it relates to Workload, during the term of this Collective Agreement with a view to negotiating Contracting Out language in the next round of Collective Bargaining.
Dated this 31st day of October 2018.
FOR THE INSTITUTE
Debi Daviau
Pierre Ouellet
Clémence Talbot
Karen L. Caverhill
Keith Mullin
FOR THE EMPLOYER
Hon. Roger Melanson
Diane Audet-Léger
Luc J. Sirois
Elizabeth Strange
André Messier
Rosane Carter
Troy Richardson
Megan Kervin
MEMORANDUM OF AGREEMENT
Between
Treasury Board
(the “Employer”)
And
The Professional Institute of the Public Service of Canada
Whereas An Act to Amend the Public Service Labour Relations Act, S.N.B. 2010, c. 20 (the “Act”), which received Royal Assent on April 16, 2010, was proclaimed on June 17, 2010; and
Whereas the Parties may, pursuant to subsection 10(1) of the Act, enter into an agreement with respect to the terms and conditions of employment of persons referred to in subsection 5(1) or (2) of the Act;
The Parties enter into this Memorandum of Agreement and set forth the following terms and conditions of employment for previously excluded persons, which are binding on the Employer, the Institute, and the employees in the Bargaining Unit for which the Institute has been certified. The provisions of this Memorandum of Agreement shall constitute the entire terms and conditions of employment for previously excluded persons.
1. Definitions
“Collective Agreement” means the Collective Agreement presently in effect between the Parties with respect to the New Brunswick Crown Counsel Group Bargaining Unit.
“Previously excluded person” means a person who is doing the work of classifications represented by the Institute, pursuant to Certification Order Number PS-012-13, who is employed on a casual or temporary basis:
(a) to respond to a temporary increase in workload or to replace an absent employee; and
(b) is ordinarily required to work more than one-third (1/3) of the normal period for employees appointed to any of the classifications assigned to the Bargaining Unit
who, immediately prior to June 17, 2010, was excluded from the definition of “employee” under Section 1 of the Public Service Labour Relations Act, R.S.N.B. 1973, c. P-25, because of being employed on a casual or temporary basis but not for a continuous period of six (6) months or more.
2. Status of Employment
The Parties agree that a previously excluded person is employed on a non-permanent, temporary or sporadic basis, and does not occupy a regular or permanent position in the Public Service. As such, the Employer may terminate the employment of a previously excluded person without cause at any time.
3. Rate of Pay
(a) The rate of pay for a previously excluded person shall be eighty percent (80%) of the minimum rate payable under the Collective Agreement for the applicable classification.
(b) The rate of pay may be higher than eighty percent (80%) of the minimum rate if, in the opinion of the Employer, such higher rate is deemed necessary.
4. Vacation
In addition to the rate of pay, the Employer shall pay previously excluded persons an amount equal to four percent (4%) of their wages in lieu of vacation in accordance with sections 25(1)(b)(i) and 26(1)(a) of the Employment Standards Act.
5. Public Holidays
In addition to the rate of pay, the Employer shall pay previously excluded persons an amount equal to four percent (4%) of their wages in lieu of public holiday benefits in accordance with sections 18(1) and 22(2) of the Employment Standards Act.
6. Seniority
Seniority for previously excluded persons is the service as a casual or temporary employee performing work of the Bargaining Group. Service will only include days actually worked.
Previously excluded persons with active casual or temporary employment on or after the proclamation date of the Act will have all service since June 17, 2010 counted for the purpose of casual seniority.
When a previously excluded person is subsequently appointed to a position in the Bargaining Unit, such person shall have their seniority dated back to the date of hiring on a casual or temporary basis, provided the person has not had a break in service for more than thirty (30) working days, in accordance with Article 42.03 of the Collective Agreement.
7. Grievance
(a) Previously excluded persons shall have the right, where they have the written consent of the Institute or its delegates, to present a grievance with respect to the interpretation, application or administration of any term or condition accorded him or her under this Memorandum of Agreement.
(b) In all cases of grievances arising out of Article 7(a), the procedure provided in Article 12 (Grievance Procedure) of the Collective Agreement shall be followed.
8. Institute Security
The Employer shall deduct union dues from previously excluded persons in accordance with Article 7 (Institute Security) of the Collective Agreement within thirty (30) days from date of signing of this Memorandum of Agreement, or within such reasonable period of time as can be accommodated within the payroll system.
9. Layoff
In the event of layoff due to lack of work or discontinuance of a function, the Employer will release persons employed on a casual or temporary basis prior to applying Article 17 of the Collective Agreement.
10. Duration and Termination
This Memorandum is effective from its date of signing until the expiration of the Collective Agreement currently under negotiation between the Parties.
Dated this 31st day of October 2018.
FOR THE INSTITUTE
Debi Daviau
Pierre Ouellet
Clémence Talbot
Karen L. Caverhill
Keith Mullin
FOR THE EMPLOYER
Hon. Roger Melanson
Diane Audet-Léger
Luc J. Sirois
Elizabeth Strange
André Messier
Rosane Carter
Troy Richardson
Megan Kervin
MEMORANDUM OF AGREEMENT
Between
Treasury Board
(the “Employer”)
And
The Professional Institute of the Public Service of Canada
Re: Terms and Conditions of Employment for persons employed on a casual basis for a continuous period of six (6) months who continue to be employed thereafter in accordance with the Civil Service Act
Whereas the Collective Agreement as a whole does not otherwise apply to persons employed on a casual basis for a continuous period of six (6) months who continue to be employed thereafter in accordance with the Civil Service Act; and
Whereas the terms and conditions of employment for persons employed on a casual basis for a continuous period of less than six (6) months are set out in a Memorandum of Agreement signed between the Parties and attached to this Collective Agreement; and
Whereas the Parties wish to confirm the terms and conditions of employment for persons employed on a casual basis for a continuous period of six (6) months who continue to be employed thereafter in accordance with the Civil Service Act.
The Parties therefore agree to the following:
1. Definition
For the purposes of this Letter of Agreement, a “casual employee” is defined as a person employed on a casual basis for a continuous period of six (6) months who continues to be employed thereafter in accordance with the Civil Service Act.
2. The Collective Agreement
The following provisions of the Collective Agreement do not apply to casual employees:
Article 14 - Discipline
Article 15 - Employee Personnel File 15.02, 15.03, 15.04
Article 16 - Competitions and Appointments
Article 17 - Layoff
Article 19 - Overtime
Article 20 - Wages and Allowances
Article 24 - Sick Leave 24.05, 24.06, 24.07 and 24.08
Article 25 - Maternity Leave
Article 26 - Child Care Leave
Article 27 - Adoption Leave
Article 28 - Compassionate Leave and Leave for Critically Ill, Deceased or Missing Child
Article 29 - Bereavement Leave
Article 30 - Court Leave
Article 31 - Emergency Leave
Article 32 - Family Responsibility Leave
Article 33 - Pallbearer Leave
Article 34 - Leave for Institute Business
Article 36 - Volunteer Leave
Article 38 - Employee Benefits Programs 38.03, 38.05
Article 39 - Retirement and Layoff Allowance
Article 40 - Transfer of Benefits
3. Competitions and Appointments
Subsection 17(7) of the Civil Service Act applies to casual employees and confirms their ability to apply for a closed competition.
4. Layoff
In the event of layoff due to lack of work or discontinuance of a function, the Employer will release persons employed on a casual basis prior to applying Article 17 of the Collective Agreement.
5. Overtime
a) In lieu of overtime, a casual employee shall be entitled to two-and one half (2 ½) days of time off with pay to be taken during their remaining casual employment period with no pay-out available for any unused portion.
b) The Employer shall make every reasonable effort to grant leave earned under (a) to a casual employee at such times and of such duration as the employee requests.
6. Wages
a) Rates of pay shall be in accordance with Schedule A of the Collective Agreement.
a) Casual employees, employed as a Lawyer 1 or 2, subject to satisfactory performance, may receive up to three (3) pay steps.
7. Other Leave with Pay
In lieu of Articles 28 to 34 and 36, leave with pay of up to five (5) working days total may be granted for the reasons described in those Articles.
Dated this 31st day of October 2018.
FOR THE INSTITUTE
Debi Daviau
Pierre Ouellet
Clémence Talbot
Karen L. Caverhill
Keith Mullin
FOR THE EMPLOYER
Hon. Roger Melanson
Diane Audet-Léger
Luc J. Sirois
Elizabeth Strange
André Messier
Rosane Carter
Troy Richardson
Megan Kervin
MEMORANDUM OF UNDERSTANDING
Between
Treasury Board (the “Employer”)
And
The New Brunswick Crown Counsel Group (the “Institute”)
RE: Access to Fitness/Activity Space
WHEREAS the parties to this Agreement share a desire to promote a healthy lifestyle for employees as part of an approach to overall wellness
AND WHEREAS the parties agree to work together to promote a healthy lifestyle.
- The Employer and the Institute agree to constitute a joint Employer / Institute Committee (“Committee”) comprised of up to two (2) representatives appointed by the Employer and two (2) representatives appointed by the Institute.
- The purpose of the Committee shall be to research and engage in discussions for the possible installation of or access to a fitness facility.
- The Committee shall conclude its work and submit its report to the Employer and the Institute no later than January 31st, 2019.
- The Employer and the Institute shall meet by February 28, 2019 to review the Committee’s report.
Dated this 31st day of October 2018.
FOR THE INSTITUTE
Debi Daviau
Pierre Ouellet
Clémence Talbot
Karen L. Caverhill
Keith Mullin
FOR THE EMPLOYER
Hon. Roger Melanson
Diane Audet-Léger
Luc J. Sirois
Elizabeth Strange
André Messier
Rosane Carter
Troy Richardson
Megan Kervin