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  • La section locale efficace | Alliance de la Fonction publique du Canada | Région de la capitale nationale
    section locale efficace Taille du texte A A A La section locale efficace Filed in La section locale efficace Published January 17 2013 Tweet Abonnez vous à notre liste de diffusion Recevez notre journal interactif et demeurez en contact avec nos nouvelles nos événements et nos communiqués de presse Courriel à domicile Code postal Alliance de la Fonction publique du Canada Bureau d Ottawa 11 Holland bur 701 K1Y 4S1

    Original URL path: http://ncr-rcn.psacadmin.ca/fr/la-section-locale-efficace/la-section-locale-efficace-0 (2015-04-05)
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  • Interpretation of collective agreements | Public Service Alliance of Canada | National Capital Region
    important source of their meaning The words being considered should be read in the context of the sentence section or collective agreement as a whole Headings as well help to give meaning to the section or sections that fall under them provided that the collective agreement does not state that headings are not to be used as a guide to interpretation 5 A preamble may also be used as a guide to interpretation but it is important to note that a preamble is not a source of entitlements or obligations B Aids to Collective Agreement Interpretation There are a variety of sources to aid in the interpretation process 1 Although they do not create binding precedent rulings of arbitrators with respect to prior grievances can be an important aid to interpretation When grievances are referred to the courts arbitrators are bound by court rulings unless they can find a way to distinguish the court decision from the case before them 2 The Brown and Beatty text Canadian Labour Arbitration Canada Law Book Inc is an excellent resource and provides a useful summary of arbitral jurisprudence in Canada Others are Collective Agreement Arbitration in Canada by Earl Edward Palmer Butterworths and Canadian Labour Law by George Adams Canada Law Book Inc The best known resource in French is the Rodrigue Blouin and Fernand Morin text Arbitrage des griefs Les éditions Yvon Blais Inc 3 Dictionaries are often used as a reference to confirm the meaning of certain words Labour Law Terms A Dictionary of Canadian Labour Law is a specialized dictionary by Jeffrey Sack and Ethan Poskanzer 4 Collective bargaining takes place within a legislative framework and related statutes are often used to help determine the meaning of words used in the collective agreement 5 Bargaining history may also be relied

    Original URL path: http://ncr-rcn.psacadmin.ca/collective-agreement/interpretation-of-collective-agreements (2015-04-05)
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  • Getting to know your collective agreement | Public Service Alliance of Canada | National Capital Region
    come into effect What obligations or conditions if any must the employer fulfill to give effect to the right Let s see how this approach can work in practice by using the following sample clause When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for a period of at least four 4 consecutive working days the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts Applying the questions as outlined above we would come up with the following interpretation The clause establishes a right to acting pay It is the right of employees For an employee to be entitled to acting pay three conditions must be satisfied 1 the acting appointment must be authorized by the Employer 2 the employee must substantially perform the duties of higher classification level and 3 the acting appointment must be for a period of at least 3 consecutive working days If the above conditions are met the employer must fulfill two obligations 1 pay the employee acting pay equal to the pay of the higher classification level and 2 pay this acting pay for the full period of the acting appointment This example shows the benefits of using a systematic approach to interpret clauses of the collective agreement It helps you determine what your specific rights are what you must do to be entitled to those rights and what you should expect from the employer in recognition of your rights STEP 3 The final and perhaps most important step to increasing your knowledge and understanding of the collective agreement is to exercise or demand your rights If you are asked to perform the duties of a higher classification you would Submit a claim for acting pay Ensure you receive overtime payments at the proper overtime rate Rights may look good on paper but they are really of little value unless we use them After all if we don t exercise our rights the employer may feel justified in saying that certain clauses in the collective agreement are not necessary and should be removed because employees don t use those rights anyway REMEMBER labour history shows us that workers rights are slow to be recognized but they are very quickly lost if not well guarded As you exercise your rights you are also testing your interpretation of the collective agreement In the majority of instances the employer will agree with your interpretation of the contract and will take whatever action is necessary Sometimes the employer may dispute your interpretation For example the employer may argue that you should only be paid time and one half for certain overtime work when you think that you are entitled to double time by the terms of the collective agreement When

    Original URL path: http://ncr-rcn.psacadmin.ca/topics/collective-agreement/getting-to-know-your-collective-agreement (2015-04-05)
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  • “Special leave” with pay Snowstorms/inclement weather | Public Service Alliance of Canada | National Capital Region
    facts to the employer concerning the situation which prevents the employee from reporting for duty It is up to the employee to try to satisfy the employer and to attempt to convince the employer of the justice of the claim 7 Reporting for duty means reporting on time and doing what is reasonable in order to do so It also means making as many attempts as are appropriate and reasonable in the circumstances The responsibility to get to work ends at the end of the working day or shift even though only a portion of the working day may remain 8 An employee has an ongoing obligation and responsibility to continue to closely observe weather conditions and to keep trying to get in to work as is prudent and reasonable under the circumstances This includes attempting alternate routes or alternative means of transportation as are reasonable under the circumstances 9 An employee who is away from the geographical area e g travelling fishing at a cottage has a responsibility to check and or monitor weather forecasts or conditions which may impede her his ability to report for work While the weather conditions may be the factor that is not directly attributable to the employee there may be other factors that are attributable to the employee that contribute to his her being prevented from reporting for duty 10 On the other hand efforts taken by the employee to allow for and accommodate the unexpected must be reasonably considered by the employer Delays caused by adverse weather cannot be used by the employer in such a way as to raise a strict and rigid bar to the special leave benefits negotiated by the parties 11 A denial of special leave solely on the basis that an employee had requested special leave contiguous to a day of other leave is a direct violation of the special leave provision The employer must make inquiries into the reasons e g snowstorm weather and road conditions that prevented an employee from reporting for duty and the efforts the employee made including planning for contingencies in the event of the unexpected 12 An employee s choice of residence is not sufficient justification in and of itself to deny leave with pay While a small number of earlier decisions of arbitrators identified distance or remoteness as sufficient cause in themselves for denying leave the majority of decisions clearly require an employer to objectively analyze and assess the circumstances as a whole The location of an employee s residence is but one of several causally relevant factors Arbitrators seem to agree that the record of absences due to weather conditions is a factor that cannot be ignored in deciding whether a location is so remote or isolated that an employee must bear some of the risk of inaccessibility Every situation is different but generally speaking there are a number of factors that tend to support an employee s entitlement to special leave with pay These include an employee s

    Original URL path: http://ncr-rcn.psacadmin.ca/collective-agreement/%E2%80%9Cspecial-leave%E2%80%9D-pay-snowstormsinclement-weather (2015-04-05)
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  • Sick leave, medical certificates, medical examinations and related issues | Public Service Alliance of Canada | National Capital Region
    the strong precedents protecting an employee s privacy there are no guarantees that a grievance challenging the subsequent action of the employer would succeed In any case an employee should clearly state their concerns in writing which include reference to the privacy interest and the impossibility of having the breach of privacy remedied at a later date 17 A physician or other licensed health care professional should not provide information about a patient to an employer or a third party health care practitioner without the patient s consent unless s he is compelled by law to do so Disclosure without consent would violate the employee s common law right to privacy and confidentiality of medical information as well as the statutory and regulatory requirements of the respective health care professions In such cases a complaint should be made to the professional regulatory body Should the employer utilize information secured without the patient s consent the employee should attempt to have the decision nullified through the grievance procedure if the information so obtained was used in whole or in part 18 The opinion of an employee s own physician is generally given more weight by an arbitrator because of the doctor s knowledge of the patient and the condition over a longer period of time This assumes that the employee s doctor s opinion is clear s he is available to testify and can confirm an employee s state of health for the period in question 19 A medical certificate from any health care practitioner may be accepted by the employer Indeed with changes in health care certification and delivery this would appear to be the case in practice However to date there is an absence of case law that requires an employer to accept for example a chiropractor s certificate without supporting language in the collective agreement In addition a recognized authority Palmer Collective Agreement Arbitration in Canada 2 nd Edition at page 667 states Generally certification will mean certification by a medical practitioner qualified under the relevant legislation and not a nurse or chiropractor 20 Leave for an employee s medical and dental appointments may be supported by explicit language in the collective agreement Or depending on the nature of the illness or medical condition at the time the leave for the appointment was required the request may fall under the sick leave provision Where the agreement is silent with respect to an employee s medical or dental appointments access to leave may fall under a general other leave with or without pay provision In most cases the application of such a clause is at the employer s discretion 21 Leave for medical and dental appointments of Treasury Board employees falls under the employer s Leave With Pay Policy As such it does not form part of the collective agreement and is not a matter that can be contested at arbitration adjudication It should be noted that prior to 1971 the collective agreement provided for employees to earn a bank of special leave credits up to a maximum of 25 days to be utilized for marriage leave bereavement leave leave for the birth of a child and leave for other reasons including illness in the immediate family and medical and dental appointments When this provision was deleted from the collective agreement the employer indicated that it would continue to allow employees to take time off for appointments and this is reflected in the employer s Leave With Pay Policy 22 Most collective agreements provide for an advance of sick leave credits when an employee has insufficient or no credits to cover the granting of sick leave with pay When the provision states that it is at the discretion of the employer and does not qualify how the discretion is to be exercised the employer s discretionary powers are considerable To interfere with an employer s decision an arbitrator would need to find evidence of bad faith on the employer s part or an absence of rationality so blatant and obvious that it can only be attributed to bad faith When the agreement contains this kind of discretionary language there is no acquired right to an advance of sick leave credits based on past practice the employer is not required to provide prior notice of future denials of advances and evidence of differential treatment between employees may not be sufficient to meet the test of bad faith References 3 Lajoie and Treasury Board Transport PSSRB File 166 2 16411 1987 Brown Viau and Treasury Board National Research Council PSSRB File 166 2 16811 1987 Cantin Trevethan and Treasury Board Communications PSSRB File 166 2 16391 1987 Nisbet Trépanier and Treasury Board Agriculture Canada PSSRB File 166 2 16082 1987 Cantin Watt and Treasury Board Transport PSSRB File 166 2 13952 1983 Pyle Serniak Bueckert and Treasury Board Solicitor General PSSRB File 166 2 26708 to 10 and 166 2 26715 to 17 1992 Korngold Wexler Roberge and Treasury Board National Defence PSSRB File 166 2 15444 1988 Korngold Wexler 4 Kuderian and Treasury Board Revenue Canada Customs Excise PSSRB File 166 2 18982 1990 Lowden FCA File A 71 90 Martin and Treasury Board Employment Immigration Canada PSSRB File 166 2 18959 1990 Lowden 5 Pendrigh Stephens and Treasury Board Transport Canada PSSRB File 166 2 11445 46 1982 Steward Morkin and Treasury Board Revenue Canada Customs and Excise PSSRB File 166 2 25580 82 83 1995 Turner 6 Strasser v Roberge 1979 103 D L R 3d 193 Jones et al and Treasury Board Transport PSSRB File 166 2 9010 1981 Kates Richards et al and Treasury Board Transport PSSRB File 166 2 10242 1982 Frankel Morrissey and Treasury Board Customs and Excise PSSRB File 166 2 25574 1994 Deans Morkin and Treasury Board Revenue Canada Customs and Excise PSSRB File 166 2 25580 82 83 1995 Turner Barker and Treasury Board Solicitor General PSSRB File 166 2 13902 1984 Brown 7 Gobeil and Treasury Board National Defence PSSRB

    Original URL path: http://ncr-rcn.psacadmin.ca/collective-agreement/sick-leave-medical-certificates-medical-examinations-and-related-issues (2015-04-05)
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  • Disability Insurance: PSAC Local Officer’s Assistance Kit | Public Service Alliance of Canada | National Capital Region
    members understand how the federal disability insurance plan works There is nothing in the booklet that is incorrect and in some ways it explains the plan well It should not be confused with the actual Disability Insurance Plan Disability Insurance PSAC Local Officer s Assistance Kit 90 pages 480K Filed in Guide Shop Stewards Disability Insurance Published March 6 2012 Tweet Receive our E Newsletter Receive our e newsletter and

    Original URL path: http://ncr-rcn.psacadmin.ca/education-program/disability-insurance-psac-local-officer%E2%80%99s-assistance-kit (2015-04-05)
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  • A Steward's Guide to Grievance Handling | Public Service Alliance of Canada | National Capital Region
    can be divided into two key areas organizing and representation Organizing This is the work that you will do to mobilize members and help build our union Representation This is the work you will do when a member comes to you with a problem This handbook will focus primarily on representation A Steward s Guide to Grievance Handling PDF Filed in Shop Stewards Grievances Published January 15 2013 Tweet Receive

    Original URL path: http://ncr-rcn.psacadmin.ca/shop-stewards/stewards-guide-grievance-handling (2015-04-05)
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  • Discipline: Mitigating Factors | Public Service Alliance of Canada | National Capital Region
    the following will provide stewards with a basic list of mitigating factors 1 The most commonly cited factors relate to an employee s length of service and disciplinary record When an arbitrator places a relatively isolated incident in the context of a long and unblemished work history s he may well conclude that the employee will respond positively to a reduced disciplinary sanction and correct the behaviour or problem that contributed to the misconduct 2 Intentional planned and premeditated misconduct is generally viewed more seriously than a momentary lapse in judgement a spur of the moment reaction a response to provocation or when an employee acts on an emotional impulse 3 Arbitrators have modified disciplinary sanctions when presented with evidence relating to the employee s state of mind at the time of the infraction These have included domestic and emotional problems alcohol and gambling addictions physical pain or physical conditions or a supervisor s wrongful instructions or treatment In the case of fraud or theft the existence of a sympathetic personal motive such as family need will be looked upon more favourably than dishonesty rooted in hardened criminality 4 Is the misconduct the result of an honest mistake or misunderstanding Perhaps there was confusion on the part of the employee that s he was entitled to take the measures s he did 5 The employer s own conduct may be a pertinent factor For example was there a lax atmosphere at the workplace where similar misconduct was condoned by the employer Have the employer s policies and work rules been consistently communicated applied and enforced Have employees who have engaged in similar misconduct been treated more leniently Have there been clear and sufficient warnings that certain conduct will not be tolerated and the employee advised of the consequences if the behaviour persists 6 The employee s attitude and actions during an employer s investigation into alleged wrongdoing will invariably influence the disciplinary measure Has the employee been honest and forthright Did s he advise the employer of the wrongdoing or was there an attempted cover up or unwarranted shifting of blame to another person 7 What is the rehabilitative potential of the employee In other words what are the employee s future prospects in conforming to acceptable and expected standards of behaviour Did the employee admit wrongdoing and show remorse Did the employee make a frank and honest apology or make an offer of restitution Has the employer attempted earlier and more moderate forms of corrective discipline to 3 which the employee responded positively by correcting the problem It may well be that the employee s actions between the imposition of the disciplinary measure and the grievance or arbitration hearing weigh heavily on whether or not the penalty should be reduced This is particularly relevant in cases of alcohol and gambling addiction and may apply to situations involving theft or assault where the employee has taken steps to deal with the underlying problems contributing to the misconduct 8 The penalty

    Original URL path: http://ncr-rcn.psacadmin.ca/shop-stewards/discipline-mitigating-factors (2015-04-05)
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