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SUBMISSION OF THE
TREASURY BOARD TO THE
ARBITRATION BOARD
IN RESPECT OF THE
TECHNICAL SERVICES GROUP
CHAIRPERSON: Mr. David Starkman
MEMBERS: Mr. Jock Climie
Mr. Jim Wolfgang
OTTAWA July 6 - 8, 2009
Employer’s Arbitration Brief – Technical Services (TC) Group i
IN THE MATTER of the Public Service Labour Relations Act and a dispute affecting the
Public Service Alliance of Canada and Her Majesty In Right of Canada as represented
by the Treasury Board, in respect of all of the employees of the Employer in the
Technical Services bargaining unit as determined in a certificate issued by the former
Public Service Staff Relations Board on the tenth (10th) day of June, 1999.
Employer’s Arbitration Brief – Technical Services (TC) Group ii
FOREWORD
This brief is being presented without prejudice to the Employer’s right to present any
additional facts or arguments it considers appropriate and relevant during the
proceedings of the Board.
Employer’s Arbitration Brief – Technical Services (TC) Group iii
Table of Contents
FOREWORD............................................................................................................................ II
EXECUTIVE SUMMARY .........................................................................................................V
INTRODUCTION ..................................................................................................................... 1
PART I GENERAL INFORMATION........................................................................................ 5
EMPLOYER BARGAINING TEAM ................................................................................................6
GROUP DEFINITION ....................................................................................................................7
BARGAINING UNIT CHARACTERISTICS ....................................................................................7
SETTLEMENTS IN THE PUBLIC SERVICE ...............................................................................11
PART II CURRENT NEGOTIATIONS .................................................................................. 13
CURRENT ROUND OF BARGAINING........................................................................................14
MATTERS RESOLVED ...............................................................................................................15
OUTSTANDING ISSUES.............................................................................................................18
PART III RATES OF PAY ..................................................................................................... 22
6.1 ECONOMIC TRENDS ...........................................................................................................45
6.2 ECONOMIC UNCERTAINTY AND IMPACT ON NEGOTIATIONS .......................................46
6.3 GOVERNMENT FISCAL CIRCUMSTANCES .......................................................................47
PART IV OTHER ISSUES IN DISPUTE............................................................................... 51
ARTICLE 2 INTERPRETATION AND DEFINITIONS ..................................................................52
ARTICLE 25 HOURS OF WORK.................................................................................................53
ARTICLE 28 OVERTIME .............................................................................................................54
ARTICLE 29 CALL-BACK PAY....................................................................................................55
ARTICLE 30 STANDBY...............................................................................................................59
ARTICLE 31 REPORTING PAY ..................................................................................................60
ARTICLE 32 DESIGNATED PAID HOLIDAYS ............................................................................62
ARTICLE 34 TRAVELLING TIME................................................................................................63
ARTICLE 38 VACATION LEAVE WITH PAY...............................................................................70
ARTICLE 41 INJURY-ON-DUTY LEAVE.....................................................................................76
ARTICLE 54 EDUCATION LEAVE WITHOUT PAY, CAREER DEVELOPMENT LEAVE WITH PAY
AND EXAMINATION LEAVE WITH PAY.....................................................................................78
ARTICLE 62 DANGEROUS GOODS ..........................................................................................80
ARTICLE 63 PART-TIME EMPLOYEES .....................................................................................81
ARTICLE 67 DURATION .............................................................................................................82
NEW ARTICLE HAZARDOUS SUBSTANCE HANDLING ALLOWANCE ...................................83
NEW ARTICLE PRE-RETIREMENT LEAVE ...............................................................................84
NEW MEMORANDUM OF AGREEMENT CONCERNING LAB AND X-RAY TECHNOLOGISTS IN
THE ENGINEERING AND SCIENTIFIC SUPPORT GROUP WORKING IN PERCY MOORE AND
NORWAY HOUSE HOSPITALS..................................................................................................85
APPENDIX D MEMORANDUM OF AGREEMENT APPLICABLE TO CERTAIN EMPLOYEES IN
THE GENERAL TECHNICAL GROUP, .......................................................................................87
Employer’s Arbitration Brief – Technical Services (TC) Group iv
APPENDIX M HOURS OF WORK FOR EMPLOYEES IN THE PRIMARY PRODUCTS
INSPECTION (PI) GROUP ..........................................................................................................91
APPENDICES........................................................................................................................ 93
APPENDICES..............................................................................................................................94
Employer’s Arbitration Brief – Technical Services (TC) Group v
EXECUTIVE SUMMARY
This brief presents the Employer’s perspective concerning the unresolved issues in this
round of bargaining for the Technical Services (TC) bargaining unit, as of March 31,
2007 which can be summarized as follows:
Number of Employees 10,158
% Male Employees 74%
% Female Employees 26%
Average Salary $61,522
Payroll $624,942,592
Average Age 45.6 years
Average Years of Service 14.3 years
Expiry Date of Agreement June 21, 2007
The parties have resolved and signed off a considerable number of articles. In addition
to pay, the following elements remain outstanding: Definition of Overtime, Hours of
Work, Overtime, Call-Back Pay, Standby, Reporting Pay, Designated Paid Holidays,
Travelling Time, Vacation Leave With Pay, Injury-on-Duty Leave, Education Leave
Without Pay, Career Development Leave With Pay and Examination Leave With Pay,
Dangerous Goods, Part-time Employees, Duration, Hazardous Substance Handling
Allowance, Pre-retirement Leave, Lab and X-Ray Technologists, Appendix D and
Appendix M. Information on these can be found in Part IV of this brief.
Recent economic and compensation indicators, as well as the current economic
situation, suggest that the Government’s final offer is appropriate for a settlement
concluded in the near to medium term for the TC Group.
This assessment is consistent with the legislated factors provided in Section 148 of the
Public Service Labour Relations Act, as follows:
(a) “the necessity of attracting competent persons to, and retaining them in, the public
service in order to meet the needs of Canadians”
Employer’s Arbitration Brief – Technical Services (TC) Group vi
• Current levels of compensation for the TC Group are sufficient as evidenced by
the healthy recruitment and retention levels. The group does not have
recruitment and retention problems as overall it has attracted and retained a
sufficient number of employees.
• The mobility analysis demonstrates that the Employer has consistently been able
to recruit at a higher rate than the attrition rate.
• The strong growth in the number of employees in the TC Group from March 2000
to March 2009 further supports the notion that there are no recruitment and
retention problems. For this period, the TC population has increased by 18.8 %,
averaging 1.9 % per year.
(b) “the necessity of offering compensation and other terms and conditions of
employment in the public service that are comparable to those of employees in similar
occupations in the private and public sectors, including any geographic, industrial or
other variations that the arbitration board considers relevant”
• The group’s last settlement provided gains in a four (4) year agreement. The
general economic increases of 2.5%, 2.3%, 2.4% and 2.5%, as well as
continuation of the existing allowances for the TI and PI Groups, resulted in a
higher wage growth for TC employees compared to Canadian workers in
general, and produced increases over and above general price increases in the
economy (i.e. strong real wage growth).
• An external market compensation study shows that TC salary levels, as well as
salary growth, compare well to those of their external labour market comparators
and as such, are competitive with the market.
• Moreover, in terms of total compensation, TC employees have generous pension
and paid benefits compared to their private and public sector counterparts.
Employer’s Arbitration Brief – Technical Services (TC) Group vii
(c) “the need to maintain appropriate relationships with respect to compensation and
other terms and conditions of employment as between different classification levels
within an occupation and as between occupations in the public service”
• An analysis of total cumulative economic increases shows that, in terms of salary
increases, the TC bargaining unit has received increases equal to the increases
received by the Core Public Administration (CPA) of 22% over the same period
of time as well as those received by other technical category employees in the
CPA.
(e) “the state of the Canadian economy and the Government of Canada’s fiscal
circumstances”
• Broad wage pressures remain muted. The economy is currently mired in a sharp
recession, reflecting the worst world-wide economic slowdown since the Great
Depression. The Canadian economy grew a meagre 0.4% in 2008 and is
expected to contract by 2.3% in 2009, before resuming modest growth of 2.1% in
2010.
• Reflecting the weak economic conditions, the unemployment rate is expected to
progressively increase from 6.2% in 2008, to 8.5% in 2009, and to 9.0% in 2010.
• Despite the weakening economy, public sector wage rates put in place in the
Expenditure Restraint Act will provide for real wage gains for public sector
employees.
• Expected deficits will reach a cumulative $105 billion by 2012-13, with a deficit of
$50.2 billion in 2009-10 alone, and federal debt will climb to $562 billion. This
means the government has extremely limited fiscal flexibility in which to address
emerging concerns and priorities of all Canadians especially during these
uncertain times.
Employer’s Arbitration Brief – Technical Services (TC) Group 1
INTRODUCTION
This arbitration board has been established to deal with the items in dispute between
the Employer and the Public Service Alliance of Canada (PSAC) with respect to the
Technical Services (TC) Group.
Part I of the Employer’s brief gives general background information with respect to this
group such as the definition and characteristics of this bargaining unit including its
population and payroll distribution.
Part II of the brief deals with the history of the current negotiations.
Part III presents the Employer’s position on rates of pay.
Part IV deals with the other remaining outstanding issues.
Prior to proceeding to examine the specific issues in dispute, the Employer wishes to
submit comments concerning what the Employer views as fundamental to its approach
during the collective bargaining process and, to the proceedings before this board of
arbitration.
Section 148 of the Public Service Labour Relations Act (PSLRA)
Section 148 of the PSLRA (the “Act”) sets out the factors that an arbitration board must
consider in arriving at an award. It is our intention that the information and arguments
contained herein assist this Board in the performance of its duty as contemplated by
Section 148 of the Act.
Accordingly, included below are the provisions of Section 148 for ease of reference:
In the conduct of its proceedings and in making an arbitral award, the arbitration
board must take into account the following factors, in addition to any other factors
that it considers relevant:
(a) the necessity of attracting competent persons to, and retaining them in, the
public service in order to meet the needs of Canadians;
Employer’s Arbitration Brief – Technical Services (TC) Group 2
(b) the necessity of offering compensation and other terms and conditions of
employment in the public service that are comparable to those of employees in
similar occupations in the private and public sectors, including any geographic,
industrial or other variations that the arbitration board considers relevant;
(c) the need to maintain appropriate relationships with respect to compensation
and other terms and conditions of employment as between different classification
levels within an occupation and as between occupations in the public service;
(d) the need to establish compensation and other terms and conditions of
employment that are fair and reasonable in relation to the qualifications required,
the work performed, the responsibility assumed and the nature of the services
rendered; and
(e) the state of the Canadian economy and the Government of Canada’s fiscal
circumstances.
Employer’s Policy on Compensation
The Treasury Board has approved the Policy Framework for the Management of
Compensation, effective February 22, 2007. This framework is reproduced in
Appendix A. It is consistent with previous articulation of the Employer’s compensation
policy. The Policy Framework establishes that all compensation decisions should be
guided by four (4) overarching principles:
1. External Comparability: Compensation should be competitive with, but not
lead compensation provided for similar work in relevant labour markets;
2. Internal Relativity: Compensation should reflect the relative value to the
Employer of the work performed;
3. Individual/Group Performance: Compensation should reward performance,
where appropriate and practicable, based on individual or group contributions
to business results; and,
Employer’s Arbitration Brief – Technical Services (TC) Group 3
4. Affordability: The cost of compensation must be affordable within the
context of the commitments to provide services to Canadians, the fiscal
circumstances, and the state of the Canadian economy.
Furthermore, the Policy Framework notes that these guiding principles need to take into
account relevant legislation and be balanced against other government responsibilities
such as its economic policy objectives, social policy objectives and public expectations
and pressures.
In addition, the Policy Framework for the Management of Compensation defines
compensation as a “total compensation” concept. External comparability with relevant
labour markets is therefore to be based on all the elements of compensation, including
benefits.
Expenditure Restraint Act
In January 2009, in direct response to the global economic crisis, the Minister of
Finance tabled Budget 2009 before Parliament. Bill C-10, 1 the supporting legislation
to implement the budget was tabled for first reading on February 6, 2009 and received
royal assent on March 12, 2009. Part 10 of this bill contained the provisions of the
Expenditure Restraint Act (ERA) which for ease of reference is reproduced in
Appendix B.
The ERA provides a framework for economic increases during the restraint period that
covers the period of April 1, 2006 to March 31, 2011. The ERA period applicable to the
TC Group is from June 22, 2007 to June 22, 2011.
This Act applies to the TC Group as well as to more than 400,000 federal public sector
employees, including employees represented by a bargaining agent, employees not
represented by a bargaining agent and those excluded from a bargaining unit. The ERA
also applies to Crown Corporations and public bodies listed in Schedule 1 of the Act.
1
An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and
related fiscal measures
Employer’s Arbitration Brief – Technical Services (TC) Group 4
In accordance with Section 16 of the ERA, the maximum annual pay increases
applicable to this group are as follows:
• 2.3% - April 1, 2007 and March 31, 2008;
• 1.5% - April 1, 2008 and March 31, 2009;
• 1.5% - April 1, 2009 and March 31, 2010; and
• 1.5% - April 1, 2010 and March 31, 2011.
The ERA prohibits any increase in or introduction of any form of additional
remuneration, such as any allowance, bonus, differential or premium or any payment
that is similar to any of those payments. Lump-sum payments are deemed to be
bonuses under the ERA.
The restructuring of rates of pay during any period that begins during the restraint
period is of no effect. However, nothing in the ERA is to be construed as precluding the
entitlement of any TC employee to incremental increases, merit or performance
increases, in-range increases, performance bonuses or similar forms of compensation.
The Act prohibits any creation or increase during the restraint period to the amount or
rate of any additional remuneration that applied to employees governed by a collective
agreement.
The ERA precludes compensation in replacement of amounts that would have likely
obtained had it not being for the ERA .
Employer’s Arbitration Brief – Technical Services (TC) Group 5
PART I
GENERAL INFORMATION
Employer’s Arbitration Brief – Technical Services (TC) Group 6
EMPLOYER BARGAINING TEAM
NAME TITLE AND DEPARTMENT
Josée Lefebvre Negotiator
Treasury Board Secretariat
John Park Senior Compensation Analyst
Treasury Board Secretariat
Gerald Toupin Director, Technical Services
Transport Canada
Mathieu Giroux Labour Relations Advisor
Transport Canada
Marcel Ayeko Director, Investigations - Marine
Transportation Safety Board of Canada
Gerald Poirier Chief
Enforcement Training and Recruitment
Department of Fisheries and Oceans
Irene Arkorful Senior Labour Relations Officer
Department of Fisheries and Oceans
Judith Spanglett Section Head, Operational Protective
Equipment & Clothing
Department of National Defence
Dr. Paul McCaughey Research Manager
Agriculture and Agri-Food Canada
Brian Howe Manager
Environment Canada
Employer’s Arbitration Brief – Technical Services (TC) Group 7
GROUP DEFINITION
The group definition can be found at Appendix C of this brief.
BARGAINING UNIT CHARACTERISTICS
Employee Population and Payroll
For the purposes of collective bargaining, the payroll data and group demographics
used is as of March 31, 2007. As of this date, there were 10,158 employees in the TC
bargaining unit with an average salary of $61,522 (CPA salary average is $60,537) and
total payroll of $624,942,592. Six (6) classification groups are comprised in the TC
bargaining unit; DD, EG, GT, PY, PI, TI. The distribution of employees by group and
mean salary are shown in the table below.
Mean
Classification # of % of # of Salary Payroll % of
Group Empl. Total levels ($) ($) Payroll
DD 179 1.76% 9 $48,270 $8,640,399 1.38%
EG 6,221 61.24% 8 $62,340 $387,818,247 62.06%
GT 2,144 21.11% 8 $56,997 $122,201,552 19.55%
PY 12 0.12% 7 $45,456 $545,474 0.09%
PI 254 2.50% 6 $49,128 $12,478,502 2.00%
TI 1,348 13.27% 8 $69,183 $93,258,418 14.92%
Total 10,158 100% $61,522 $624,942,592 100%
Appendix D provides a detailed breakdown by actual salary, departments and
geographical employment location.
Employer’s Arbitration Brief – Technical Services (TC) Group 8
Age Distribution
As of March 31, 2007, the average age for the Technical Services Group population
was 45.6 years old which is slightly ahead of the public service average age of 44 years
old. This bargaining unit is predominantly male (74%) dominated.
Age Number of Employees % of Total
Less than 18 1 0.01%
18 – 20 3 0.03%
21 – 30 891 8.77%
31 – 40 2,012 19.81%
41 – 50 3,838 37.78%
51 – 60 3,030 29.83%
61 – 64 267 2.63%
Over 64 116 1.14%
Total 10,158 100%
Average Age 45.6
Appendix E provides a detailed breakdown by age and gender for this group.
Employer’s Arbitration Brief – Technical Services (TC) Group 9
Years of Service
The table below indicates that the average years of service for the group is 14.3 years
which is almost identical with the public service average of 13 years.
Years of Service # of Employees % of Total
0-5 years 2,923 28.78%
6-10 years 1,746 17.19%
11-15 years 869 8.55%
16-20 years 1,361 13.40%
21-25 years 1,425 14.03%
26-30 years 1,135 11.17%
More than 30 years 699 6.88%
TOTAL 10,158 100.0%
Appendix F provides a detailed breakdown by years of service and gender.
Overall, members of this group are slightly older than the average age of the public
service and they have slightly more years of service than the public service average.
Previous Rounds of Bargaining
Since the inception of collective bargaining in the public service in 1967 up until the
introduction of the compensation restraint program in 1991, the parties had engaged in
either thirteen (13) or fourteen (14) rounds of negotiations for each of the groups
comprising the Technical Services bargaining unit. In the vast majority of rounds, the
conciliation/strike route was selected as the dispute settlement mechanism.
The history of negotiations cannot be adequately described without reference to the
legislation introduced during this period. The statute which had the greatest impact on
terms and conditions of employment in the 1990’s was the Public Sector Compensation
Employer’s Arbitration Brief – Technical Services (TC) Group 10
Act (PSCA). It ended strike action and extended all types of compensation plans in the
public service for a period of six (6) years, providing an increase to rates of pay of 3% in
the second year of the restraint program. The Budget Implementation Act (1994) further
amended the PSCA by suspending incremental movement within salary ranges for the
period June 1994 to June 1996.
The PSCA also anticipated the return to collective bargaining at section 13 by placing a
prohibition on any compensation plan which would have the effect of bringing “wage
rates to a level that they would, but for this Act, have reached.” This is commonly
referred to as the “no catch up” clause.
Since the termination of the compensation restraint program, the parties have engaged
in five (5) rounds of bargaining. The first round, initiated in 1997, was settled through
conciliation and resulted in a two (2) year agreement expiring June 21, 1999. The
settlement included economic increases of 2.0% in the first period of the agreement and
2.0% in the second year as well as restructuring of the salary ranges through the
addition of a step worth 4% at the top of the range. This round of bargaining also
resulted in the introduction of terminable allowances (TA) for some employees in the
Technical Inspection (TI) Group and the Primary Products Inspection (PI) Group in
order to assist in rectifying recruitment and retention difficulties.
The second round of post restraint bargaining was resolved following the conciliation
board reports. This round provided for a single year agreement expiring on June 20,
2000. The settlement included economic increases of 2.0% and a lump sum payment,
as well as continuation of the terminable allowances.
The third round of post restraint negotiations initiated in 2000 was resolved in post-
conciliation board negotiations. The settlement covered a three (3) year period expiring
on June 21, 2003 and provided annual economic increases of 3.2%, 2.8% and 2.5%, as
well as continuation of the terminable allowances.
The fourth round of post restraint negotiations was initiated in 2003, and was also
resolved in post-conciliation board negotiations. The settlement covered a four (4) year
period expiring on June 21, 2007 and provided annual economic increases of 2.5%,
Employer’s Arbitration Brief – Technical Services (TC) Group 11
2.3%, 2.4%, and 2.5%, as well as continuation of the terminable allowance for TIs. The
TA for PIs was converted to a $2,000/year supplement for the performance of grain
inspection duties, for PIs in Vancouver and Prince Rupert.
The fifth and current round of bargaining is discussed in Part II of this brief.
Summary of Salary Adjustments
For ease of reference, increases to the annual salaries and other monetary adjustments
negotiated during the post-restraint period are shown in tabular form below.
Other
CPA Technical
Date of Increase Economic Other Monetary Groups
Increase Adjustments (average
economic (average
increase) economic
increase)
June 22, 1997 2.0% 2.3% 1.5%
June 22, 1998 2.0% Restructure – 4% 2.0% 2.1%
step added to top of
salary range;
Allowances
introduced for PIs
and TIs
June 22, 1999 2.0% Lump sum payment 2.0% 2.0%
June 22, 2000 3.2% 3.0% 3.0%
June 22, 2001 2.8% 2.7% 2.8%
June 22, 2002 2.5% 2.6% 2.5%
June 22, 2003 2.5% 2.5% 2.5%
June 22, 2004 2.3% 2.3% 2.3%
June 22, 2005 2.4% 2.4% 2.4%
June 22, 2006 2.5% 2.5% 2.5%
SETTLEMENTS IN THE PUBLIC SERVICE
The Employer believes that the arbitration board should consider the level of
settlements pertaining to groups for which the Treasury Board is the Employer since the
expiration of the application of the Public Service Compensation Act.
Employer’s Arbitration Brief – Technical Services (TC) Group 12
The Employer’s view is that the arbitration board should not ignore the reality of the
times nor current settlements. To do so would be a detriment to voluntary settlements
achieved expeditiously without resort to third parties. Nonetheless, these settlements
must be viewed in the context and timeline in which they were reached.
The table above contains a summary of settlements reached since 1997 with
employees for which Treasury Board is the Employer. Based on the comparison
provided, the TC Group has received cumulative economic increases on par with the
CPA and other technical groups.
Not included in the table is the settlement with the Public Service Alliance of Canada
(PSAC) for its four (4) other groups which were ratified and signed at 2.3% for 2007,
1.5% for 2008, 1.5% for 2009 and 1.5% for 2010.
In summary, the TC Group compares favourably with other groups within the public
service. The current salary structure clearly supports the achievement of operational
goals and objectives and ensures a healthy recruitment and retention. Therefore, no
justification exists to warrant the intervention of the Board under Section 148(c) of the
PSLRA beyond what is proposed by the Employer in this brief.
Employer’s Arbitration Brief – Technical Services (TC) Group 13
PART II
CURRENT NEGOTIATIONS
Employer’s Arbitration Brief – Technical Services (TC) Group 14
Current Round of Bargaining
The current round of bargaining can be summarized as follows:
• The current round of negotiations was initiated on February 22, 2007, when the
Public Service Alliance of Canada filed notice to bargain.
• The collective agreement expired on June 21, 2007.
• The parties exchanged proposals electronically on April 27, 2007 and met during the
week of May 14 to provide clarification on respective proposals.
• The parties met during the week of June 11, 2007, to discuss the renewal of articles
for which no changes were proposed, as well as to discuss minor issues.
• The parties continued discussions during the weeks of October 9 and November 6,
2007.
• Negotiations continued during the week of January 29 to February 1st and from
February 26 to 29, 2008 where, amongst other issues discussed, the union
submitted proposals on new and existing allowances.
• Negotiations resumed on April 28 to 30, 2008 where the parties made significant
progress in relation to outstanding proposals from both sides.
• Negotiations continued on May 26, 27 and 28, 2008. During this session, the
Employer tabled its pay proposal.
• As there had been little progress in the last few negotiation sessions and faced with
the cancellation of negotiation dates in June and August 2008 by the Public Service
Alliance of Canada, the Treasury Board requested the appointment of a mediator by
the Public Service Labour Relations Board (PSLRB) in order to help the parties
reach agreement on the remaining outstanding issues. The PSLRB appointed a
mediator and mediation was held from October 8 to 10, 2008 - little progress was
made during those three (3) days.
Employer’s Arbitration Brief – Technical Services (TC) Group 15
• A final negotiation session was held November 20 to 23, 2008 with an effort to
resolve this round of bargaining prior to the impending tabling of the 2008 Fall
Economic Update.
• As the parties were not successful in reaching an agreement, the PSAC filed for
arbitration on November 27, 2008.
• A second mediation session was scheduled on December 16 to 18, 2008 but was
cancelled by the mediator as he did not see that progress would have been made.
Matters Resolved
The table below contains the list of articles and clauses that have been resolved along
with the nature of the agreement reached by the parties.
ARTICLE TITLE STATUS
1 Purpose and Scope of Agreement Renewed
3 Application Renewed
4 State Security Renewed
5 Precedence of Legislation and the Renewed
Collective Agreement
6 Managerial Responsibilities Renewed
7 National Joint Council Agreements Modified
8 Dental Care Plan Renewed
9 Recognition Modified
10 Information Renewed
11 Check-off Modified
12 Use of Employer Facilities Renewed
13 Employee Representatives Renewed
14 Leave With or Without Pay for Alliance Modified
Business
15 Labour Disputes Renewed
16 Illegal Strikes Modified
17 Discipline Modified
Employer’s Arbitration Brief – Technical Services (TC) Group 16
ARTICLE TITLE STATUS
18 Grievance Procedure Modified
19 No Discrimination Renewed
20 Sexual Harassment Renewed
21 Joint Consultation Renewed
22 Health and Safety Renewed
23 Job Security Renewed
24 Technological Change Renewed
26 Shift Principle Modified
27 Shift and Weekend Premiums Modified
33 Religious Observance Renewed
35 Travelling Expenses on Leave or Renewed
Termination
36 Notice of Transfer Renewed
37 Leave General Renewed
39 Sick Leave With Pay Modified
40 Medical Appointment for Pregnant Renewed
Employees
42 Maternity Leave Without Pay Modified
43 Maternity-Related Reassignment or Renewed
Leave
44 Parental Leave Without Pay Modified
45 Leave Without Pay for the Care of Modified
Family
46 Volunteer Leave Renewed
47 Leave With Pay for Family Related Renewed
Responsibilities
48 Leave Without Pay for Personal Renewed
Needs
49 Personal Leave With Pay Renewed
50 Leave Without Pay for Relocation of Renewed
Spouse
51 Bereavement Leave With Pay Modified
52 Court Leave Renewed
Employer’s Arbitration Brief – Technical Services (TC) Group 17
ARTICLE TITLE STATUS
53 Personnel Selection Leave Modified
55 Leave With or Without Pay for Other Renewed
Reasons
56 Restriction on Outside Employment Renewed
57 Statement of Duties Renewed
58 Duty Aboard Vessels Renewed
59 Employee Performance Review and Renewed
Employee Files
60 Penological Factor Allowance Renewed
61 Wash-up Time Renewed
64 Severance Pay Modified
65 Pay Administration Modified
66 Agreement Reopener Renewed
B GT – Fish Hatchery Pending 34.09
C GT – Offshore Surveillance Pending 34.09
E GT – DFO – Marine Traffic/Radio Renewed
Services
F GT – DND Survival Instructors Renewed
G GT – DFO – Vessel Traffic Renewed
Management Centres
H Joint Learning Program Modified
I Sea Lamprey Pending 34.09
J EGs at DRDC Renewed
K Diving Duty Allowance, etc. Renewed
L EGS at DND – Sea Trials Pending 34.09
N Work Force Adjustment Committee Deleted
O PI SUB Plan Renewed
P TI Terminable Allowance Renewed
Q GT, TI, EG Employees at Defence Renewed
Research Establishments
R Classification Review Deleted
S Aircraft Maintenance Engineers Pending 34.09
T Implementation Renewed
Employer’s Arbitration Brief – Technical Services (TC) Group 18
ARTICLE TITLE STATUS
U Whistleblowing Deleted
V Social Justice Fund Joint Committee Deleted
W Work Force Adjustment Modified
New Sessional Leave New
New Salary Protection – Red Circling New
New Classification Reform New
Outstanding Issues
The table below contains the list and the nature of the outstanding issues, with the
exception of pay. These issues are discussed in more detail in Part IV of this brief.
ARTICLE NATURE OF ISSUE
Article 2.01 – Overtime definition The Employer is proposing new language that
would define the overtime entitlement for part-time
employees.
Article 25.08 – Hours of Work The Employer is proposing to reduce the
notification period of a shift change from 7 days to
48 hours.
Article 28.12 – Overtime The Employer is proposing to move this clause to
the Call-back article.
Article 29.01 – Call-back Pay The Employer is proposing to cap the application
of the minimum payment to one time during an 8-
hour period.
Article 29.02 – Call-back Pay The Employer is proposing to introduce a
minimum period of work in order to qualify for
compensation and is proposing to cap the
application of the minimum payment to a single 8
Employer’s Arbitration Brief – Technical Services (TC) Group 19
hour period.
Article 30 – Standby The Employer is proposing that employees on
standby be readily available and able to return for
work in a reasonable timeframe.
Article 31 – Reporting Pay The Employer is proposing to cap the application
of the minimum payment to one time during an 8-
hour period as well as clarify that the payment is
for employees who are scheduled to report for
work.
Article 32 – Designated Paid The Employer is proposing to cap the application
Holidays of the minimum payment to one time during an 8-
hour period as well as clarify that the payment is
for employees who are scheduled to report for
work.
Article 34.04(d) – Travelling Time The Employer is proposing to include language
clarifying that continuous travel should be deemed
to all take place on the day it commences.
Article 34.09 – Travel Status Leave The Bargaining Agent is proposing to increase the
quantum and application of this leave.
The Employer is proposing an editorial correction
at 34.09(a) as to previous round’s agreement.
Article 38.03 – Vacation Leave The Employer is proposing a clarification
With Pay specifying that vacation leave credits are only to
be advanced from the current vacation year.
Article 38.04 – Vacation Leave The Employer is proposing to delete a provision
allowing for rounding up leave balances to the
nearest half day.
Article 38.05 – Vacation Leave The Employer is proposing to modify the current
Employer’s Arbitration Brief – Technical Services (TC) Group 20
clause to bring it in line with other agreements
between this Bargaining Agent and Employer.
Article 38.06 – Vacation Leave The Employer is proposing to clarify that it also
has the right to alter the employee’s leave plans.
Article 38.12 - Vacation Leave The Employer is proposing to delete the provision
of advancing payments of estimated net salary.
Article 38.13 – Vacation Leave The Employer is proposing an editorial change to
the title of this clause.
Article 38.17 – Vacation Leave The Employer is proposing to delete the
transitional provision for the one-time vacation
leave entitlement. Deletion of (c) is also proposed
in order for the one-time vacation leave to form
part of the maximum vacation leave carry-over
under 38.08.
Article 41 – Injury-on-Duty Leave The Bargaining Agent is proposing to amend the
administration of injury-on-duty situations.
Article 54.05 – Education Leave The Bargaining Agent is proposing that the
Without Pay, Career Development approval of this leave will not be unreasonably
Leave With Pay and Examination withheld.
Leave With Pay
Article 54.07 - New The Bargaining Agent is proposing to introduce a
new clause related to TI certification.
Article 62 – Dangerous Goods The Bargaining Agent is proposing to extent
eligibility for this allowance.
Article 63 – Part-time Employees The Employer is proposing that part-time
employees who occupy more than one position in
the Core Public Administration do not receive
Employer’s Arbitration Brief – Technical Services (TC) Group 21
excessive overtime compensation.
Article 67 - Duration The Employer is proposing a four year agreement.
The Bargaining Agent is also proposing a four
year agreement.
New – Hazardous Substance The Bargaining Agent is proposing a new
Handling Allowance allowance related to the handling of different
hazardous substances.
New – Pre-retirement Leave The Bargaining Agent is proposing a new leave
entitlement for eligible employees.
New – Lab and X-Ray The Bargaining Agent is proposing new working
Technologists conditions for certain EG employees.
Appendix D The Bargaining Agent is proposing to amend
working conditions for certain GT employees.
Appendix M The Employer is proposing to reduce the
notification period of a shift change.
Employer’s Arbitration Brief – Technical Services (TC) Group 22
PART III
RATES OF PAY
Employer’s Arbitration Brief – Technical Services (TC) Group 23
Analysis for the Technical Services (TC) Group
Summary
Recent economic and compensation data suggest that the government’s final offer is
appropriate for a settlement concluded in the near to medium term for the Technical
Services (TC) Group. This assessment is based on the following factors:
• The group’s last settlement provided gains in a four-year agreement (2003
through 2006). Increases of 2.5%, 2.25%, 2.4%, and 2.5% for the TC Group
resulted in a higher wage growth for TC employees compared to Canadian
workers in general, and produced increases over and above general price
increases in the economy (i.e. strong real wage growth).
• Overall, TC employees enjoy a favourable position when compared to the
external labour market (both private and public sectors).
• Moreover, in terms of total compensation, TC employees have generous pension
and paid benefits compared to their private sector counterparts.
• Current levels of compensation for the TC Group are sufficient as evidenced by
healthy recruitment and retention levels. The TC Group does not have any
recruitment and retention problems as it has attracted and retained a sufficient
number of employees.
• Broad wage pressures remain muted. The economy is currently mired in a sharp
recession, reflecting the worst world-wide economic slowdown since the Great
Depression. The Canadian economy grew a meagre 0.4% in 2008 and is
expected to contract by 2.3% in 2009, before resuming modest growth of 2.1% in
2010.
• Reflecting the weak economic conditions, the unemployment rate is expected to
progressively increase from 6.2% in 2008, to 8.5% in 2009, and to 9.0% in 2010.
• Despite the weakening economy, public sector wage rates put in place in the
Expenditure Restraint Act will provide for modest real wage gains for public
sector employees.
Employer’s Arbitration Brief – Technical Services (TC) Group 24
• Expected deficits will reach a cumulative $105 billion by 2012-13, with a deficit of
$50.2 billion in 2009-10 alone, and federal debt will climb to $562 billion. This
means the government has extremely limited fiscal flexibility in which to address
emerging concerns and priorities of all Canadians especially during these
uncertain times.
1.0 Policy Framework for the Management of Compensation
Public Service Labour Relations Act (PSLRA) and Compensation Policy Framework
As indicated previously, the PSLRA provides for factors an arbitration board must take
into consideration in rendering an award. These are contained in Section 148 of the
Act. As shown in the table below, those factors are clearly reflected in the Employer’s
Policy Framework for the Management of Compensation. The Policy Framework
outlines four (4) overarching principles that are to guide compensation decisions by the
Treasury Board in its various roles: External Comparability, Internal Relativity,
Affordability, and Individual/Group Performance. Although no single specific Policy
Framework principle can be related to the factor identified under paragraph (d) of
Section 148 of the Act, this factor is directly related to the External Comparability and
Internal Relativity principles. The Employer’s framework contains an additional
component to recognize individual and group contribution where appropriate and
possible. The stated objective of the Policy Framework is to attract, retain, motivate and
renew the workforce required to deliver results to Canadians.
Employer’s Arbitration Brief – Technical Services (TC) Group 25
PSLRA Employer’s Policy Framework for the
Management of Compensation
(a) the necessity of attracting competent Stated Objective of Policy Framework:
persons to, and retaining them in, the Compensation serves, with other key
public service in order to meet the needs frameworks, to attract, retain, motivate and
of Canadians; renew the workforce required to deliver
results to Canadians.
(b) the necessity of offering compensation External Comparability: Compensation
and other terms and conditions of should be competitive with, but not lead
employment in the public service that are compensation provided for similar work in
comparable to those of employees in relevant external labour markets;
similar occupations in the private and
public sectors, including any geographic,
industrial or other variations that the
arbitration board considers relevant;
(c) the need to maintain appropriate Internal Relativity: Compensation should
relationships with respect to compensation reflect the relative value to the Employer of
and other terms and conditions of the work performed;
employment as between different
classification levels within an occupation
and as between occupations in the public
service;
Employer’s Arbitration Brief – Technical Services (TC) Group 26
PSLRA Employer’s Policy Framework for the
Management of Compensation
(d) the need to establish compensation Addressed through the application of
and other terms and conditions of External Comparability and Internal
employment that are fair and reasonable in Relativity principles
relation to the qualifications required, the
work performed, the responsibility
assumed and the nature of the services
rendered; and
(e) the state of the Canadian economy and Affordability: The cost of compensation
the Government of Canada’s fiscal must be affordable within the context of
circumstances. the commitments to provide services to
Canadians, the fiscal circumstances, and
the state of the Canadian economy.
Individual/Group Performance:
Compensation should reward
performance, where appropriate and
practicable, based on individual or group
contributions to business results;
The Policy Framework notes that these guiding principles need to take into account
relevant legislation and be balanced against other government responsibilities such as
its economic policy objectives, social policy objectives and public expectations and
pressures. Furthermore, the Policy Framework for the Management of Compensation
defines compensation as a “total compensation” concept. External comparability with
relevant labour markets is therefore to be based on all the elements of compensation
including, for example: wages, salaries, overtime, pensions, Employer-paid insurance,
health, and dental premiums, severance pay, as well as leave usage.
Employer’s Arbitration Brief – Technical Services (TC) Group 27
The application of the Individual/Group performance principle is currently being explored
by the Employer. At this time, it is not one of the factors used by the Employer in its
decision making process.
The analysis presented in this brief has been developed in accordance with the
legislation and the Employer’s Policy Framework for the Management of Compensation.
2.0 Recruitment and Retention
Section 148(a) of the PSLRA provides…”the necessity of attracting competent persons
to, and retaining them in, the public service in order to meet the needs of Canadians”.
An effective way to assess whether there are any recruitment and retention problems is
to examine the hirings and the separations for the TC Group, as well as the changes in
population levels.
2.1 Hirings
Table 1 shows that the TC Sub-groups have experienced consistent levels of hirings
since 2002/2003. Overall, during the last six (6) fiscal years, an annual average of 911
new employees were hired into the TC bargaining unit. From 2004-05 to 2007-08,
overall hirings have increased by 87.3% (from 637 to 1,193), averaging 914 new
employees per year.
Employer’s Arbitration Brief – Technical Services (TC) Group 28
Table 1 - TC Hirings
DD Hirings 02/03 03/04 04/05 05/06 06/07 07/08
14 11 9 10 20 11
Hirings from outside
Internal Hirings 5 1 3 4 4 3
Total DD Hirings 19 23 23 14 24 14
EG Hirings 02/03 03/04 04/05 05/06 06/07 07/08
442 344 318 432 449 389
Hirings from outside
Internal Hirings 195 123 116 109 112 115
Total EG Hirings 637 467 434 541 561 504
GT Hirings 02/03 03/04 04/05 05/06 06/07 07/08
114 87 44 117 125 198
Hirings from outside
Internal Hirings 140 90 63 130 94 148
Total GT Hirings 254 177 107 247 219 346
PI Hirings 02/03 03/04 04/05 05/06 06/07 07/08
7 5 12 20 11 41
Hirings from outside
Internal Hirings 0 0 6 4 2 2
Total PI Hirings 7 5 18 24 13 43
PY Hirings 02/03 03/04 04/05 05/06 06/07 07/08
0 0 0 1 2 2
Hirings from outside
Internal Hirings 0 0 0 0 0 0
Total PY Hirings 0 0 0 1 2 2
TI Hirings 02/03 03/04 04/05 05/06 06/07 07/08
Hirings from outside 88 59 56 54 62 69
Internal Hirings 57 28 10 35 29 215
Total TI Hirings 145 87 66 89 91 284
TC Group Total 02/03 03/04 04/05 05/06 06/07 07/08
665 506 439 634 669 710
Hirings from outside
Internal Hirings 397 242 198 282 241 483
Total TC Hirings 1,062 748 637 916 910 1,193
Note: Hirings included above are strictly into positions that are full-time and bargained (i.e., not
excluded from collective bargaining). Any hirings of term (less than 3 months) or casual
employees are not included.
Employer’s Arbitration Brief – Technical Services (TC) Group 29
2.2 Separations
Table 2 indicates that there are currently few if any problems caused by the number of
separations experienced by the TC bargaining unit.
Included in the table below are voluntary separations (TC employees who separate from
the CPA for reasons such as outside employment and personal reasons), internal
separations (employees who separate from a TC Group to other groups within the
CPA), and external separations (TC employees leaving the CPA entirely for any
reason).
The figures show that the number of total separations has been low over the last six (6)
fiscal years, averaging 710 employees per year. This is substantially lower than the
average number of new hires of 911 per year over the same period, which has
contributed to the overall growth in population of the group.
Employer’s Arbitration Brief – Technical Services (TC) Group 30
Table 2 - TC Separations
DD Separations 02/03 03/04 04/05 05/06 06/07 07/08
Voluntary Separations 8 3 1 1 6 0
Internal Separations 1 0 0 3 2 3
External Separations 16 12 10 12 16 8
Total DD External and Internal 17 12 10 15 18 11
Separations
EG Separations 02/03 03/04 04/05 05/06 06/07 07/08
Voluntary Separations 78 68 77 91 106 108
Internal Separations 64 21 22 15 29 35
External Separations 453 388 419 416 426 437
Total EG External and Internal 517 409 441 431 455 472
Separations
GT Separations 02/03 03/04 04/05 05/06 06/07 07/08
Voluntary Separations 24 26 19 20 30 39
Internal Separations 18 18 6 23 32 25
External Separations 115 99 84 96 153 147
Total GT External and Internal 133 117 90 119 185 172
Separations
PI Separations 02/03 03/04 04/05 05/06 06/07 07/08
Voluntary Separations 4 2 7 5 6 11
Internal Separations 0 0 1 0 0 0
External Separations 71 9 18 20 15 42
Total PI External and Internal 71 9 19 20 15 42
Separations
PY Separations 02/03 03/04 04/05 05/06 06/07 07/08
Voluntary Separations 0 0 0 0 0 0
Internal Separations 0 0 0 1 0 0
External Separations 1 2 0 0 0 1
Total PY External and Internal 1 2 0 1 0 1
Separations
TI Separations 02/03 03/04 04/05 05/06 06/07 07/08
Voluntary Separations 12 10 21 18 19 17
Internal Separations 34 5 2 6 2 5
External Separations 51 65 71 60 80 71
Total TI External and Internal 85 70 73 66 82 76
Separations
Employer’s Arbitration Brief – Technical Services (TC) Group 31
Total TC Separations 02/03 03/04 04/05 05/06 06/07 07/08
Voluntary Separations 126 109 125 135 167 175
Internal Separations 117 44 31 48 65 68
External Separations 707 575 602 604 691 706
Total TC External and Internal 824 619 633 652 756 774
Separations
Note: Separations consist of full-time bargained employees only. Any separations of term (less
than 3 months) or casual employees are not included above.
2.3 Separation Ratios
A valuable way to assess whether there are recruitment and retention problems is to
follow the evolution of the ‘hirings-to-voluntary separations ratio’ (Figures 1 and 2). This
ratio is defined as the number of people hired into the TC Group from outside the
federal public service in a given fiscal year divided by the number of people in the TC
Group who have voluntarily left the federal public service (for reasons such as outside
employment and personal reasons) in that same year. 2 When this ratio is greater than
1.0, the number of people hired is greater than that of those voluntarily leaving, and
recruitment and retention problems are unlikely. Conversely, when that ratio is below
1.0, voluntary separations are greater than hirings, which may suggest that recruitment
and retention problems exist.
Figure 1: Hirings-to-Voluntary Separations
Ratio: TC Group
As Figure 1 shows, there are no
recruitment and retention problems 8
for the TC bargaining unit. Indeed, 6 5.3
4.6 4 .7
4. 0 4.1
over the last six fiscal years, more 4 3.5
people were hired into the
2
bargaining unit than people who had
0
left voluntarily. For example, in the 02/03 03/04 04/05 05/06 06/07 07/08
2007/2008 fiscal year, for every one Source: Mobility file. Hirings from outside the government
divided by voluntary separations. Bargained indeterminate,
TC employee who voluntarily left the seasonal or term (3 months +) employees (all full-time only) are
2
Bargained indeterminate, seasonal or term (3 months +) employees (all full-time only).
Employer’s Arbitration Brief – Technical Services (TC) Group 32
public service, 4.1 employees were hired from outside the Government on average.
Even the broader ‘hirings-to-total
Figure 2: Hirings-to-Total Separations Ratio:
separations ratio’ (all hirings from
TC Group
outside the public service and from
other groups within the public service 2
divided by all those leaving the TC 1 .4
1.5
1 .3
1 .2 1 .2
bargaining unit for another group within 1.0
1
the public service or leaving the public
service entirely, for all reasons)
indicates that the TC bargaining unit 0
does not currently have a recruitment 02/03 03/04 04/05 05/06 06/07 07/08
and retention problem. As indicated in
Source: Mobility file. All Hirings (internal, external) divided by all
Figure 2, for the 2007/2008 fiscal year, separations (internal, external). Bargained indeterminate,
seasonal or term (3 months +) employees (all full-time only) are
included above.
for every one employee who separated
from the TC Group for any reason, 1.5
new employees were hired into the group on average.
2.4 Population
The strong growth in the number of
Figure
Figure 3: 17: TC Population
TC Population
12,000 10,578
employees in the TC Group from 8, 901
9,890
9,000
March 2000 to March 2009 further
6,000
supports the notion that there are no
3,000
recruitment and retention problems
0
(Figure 3). From 2000 to 2009, overall, TC
2000 2005 2009
the TC bargaining unit population has
Source: Incumbent file as of March 31st of each year. All full-time
increased by 18.8% (from 8,901 to bargained, indeterminate, seasonal or term (3 months or more)
employees are included above.
10,578), averaging 1.9% per year.
Employer’s Arbitration Brief – Technical Services (TC) Group 33
3.0 External Comparability
Section 148(b) of the PSLRA provides for…”the necessity of offering compensation and
other terms and conditions of employment in the public service that are comparable to
those of employees in similar occupations in the private and public sectors, including
any geographic, industrial or other variations that the arbitration board considers
relevant”. It’s the Employer’s policy that this group should be competitive with, but not
lead the relevant external market in terms of compensation.
The analysis indicates that the TC Group salary levels, as well as salary growth,
compare well to those of their external comparators. As a result, TC salaries could still
keep up with inflation and would continue to compare very favourably to the wage
growth of Canadian workers in general with moderately low monetary increases
(economic increases, restructures, terminable allowances, etc.).
The external market compensation review conducted by Deloitte Inc. (Appendix G)
shows that the salary levels for the TC Group are competitive with their external
comparators. In addition, cumulative increases received by the TC Group over the last
four (4) years have more than compensated for CPI inflation, and have outpaced those
received by Canadian workers in general.
3.1 Comparison of Salary Levels: Deloitte Market Review
Figures 1 through 10 summarize the results of the external comparison for the TC
employees for 5 of the 6 TC Sub-groups. The shaded boxes in the figures depict the
TBS annual salary ranges for all levels for the TC occupational groups shown, while the
various geometric shapes depict private sector (annual salary surveys) and public
sector (provincial / territorial governments) average base salaries at various percentiles
(■ for P25, the 25th percentile, – for P50, the 50th percentile or the median, and, ▲for
P75, the 75th percentile).
Employer’s Arbitration Brief – Technical Services (TC) Group 34
The Employer considers its compensation levels to be competitive if they are
comparable to the market data at the 50th percentile. The 50th percentile is a generally
recognized and acceptable benchmark and is consistent with the Employer’s key
guiding compensation principle: compensation in the public service should be
competitive with, but not lead, that provided for similar work in relevant external labour
markets. Appropriate compensation should remain competitive to attract and retain
public servants. However, it must be affordable within the context of the Government’s
commitments to provide services to Canadians, its fiscal situation in the context of
competing demands, and the state of the Canadian economy.
Figures 1 through 10 show that public service base salaries for the TC Group are
comparable with the external labour market. All the market data used by Deloitte
originated from commercial salary surveys completed in 2007 and reflects salaries in
effect in April or May of 2007. Since the TC Group salary ranges were effective from
June 22, 2006 to June 21, 2007, no ageing of the data was required. The comparable
salary ranges from the provincial / territorial governments were in effect July or August
2008. Our data was not aged for comparison with provincial/ territorial data in order to
avoid any concerns related to the relevancy of the ageing factor. It is simply necessary
to consider this point when analyzing any shortfalls between government compensation
in the federal jurisdiction compared to the provincial/territorial realms.
For the Drafting and Illustration (DD) Group, Deloitte surveyed one position. Figures 4
and 5 show that the DD-04 level is highly competitive with the market at the 50th
percentile.
Employer’s Arbitration Brief – Technical Services (TC) Group 35
Figure 4: Base Salary (Salary Surveys) Comparison
DD Group
(Annual ‘000$)
$65
TBS Range Market P25
Market P50 Market P75
$55
$45
$35
DD-04
Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006.
Figure 5: Base Salary (Prov. / Terr. Governments) Comparison
DD Group
(Annual ‘000$)
$65 TBS Range Market P25
Market P50 Market P75
$55
$45
$35
DD-0 4
Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006.
Employer’s Arbitration Brief – Technical Services (TC) Group 36
Figure 6: Base Salary (Salary Surveys) Comparison
EG Group
(Annual ‘000$)
$100 TBS Range Market P25
Market P50 Market P75
$75
$50
$25
E G-03 E G-04 E G-05 E G-06
Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006.
In the case of the Engineering & Scientific Support (EG) Group, 4 levels, covering
13 different positions, were surveyed. Figures 6 and 7 show that this group leads the
market at the 50th percentile for all EG levels surveyed.
Figure 7: Base Salary (Prov. / Terr. Governments) Comparison
EG Group
(Annual ‘000$)
$100 TBS Range Market P25
Market P50 Market P75
$75
$50
$25
E G-03 E G-04 E G-05 E G-06
Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006.
Employer’s Arbitration Brief – Technical Services (TC) Group 37
In the case of the
Figure 8: Base Salary (Salary Surveys) Comparison
General Technical
GT Group
(GT) Group, 3 levels, (Annual ‘000$)
covering 4 different
$80 TBS Range Market P25
positions, were Market P50 Market P75
surveyed. Figures 8 $70
and 9 show that this $60
group is highly
competitive with the $50
market at the 50th $40
percentile for the GT-
$30
02 and GT-05 levels, GT-02 GT-04 GT-0 5
and leads the market Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006.
at the 75th percentile
for the GT-04 level for Figure 9: Base Salary (Prov. / Terr. Governments) Comparison
the Salary Survey and
GT Group
the Prov./ Terr.
(Annual ‘000$)
Governments.
$80 TBS Range Market P25
Market P50 Market P75
$70
$60
$50
$40
$30
GT-02 GT-04 GT-0 5
Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006.
Employer’s Arbitration Brief – Technical Services (TC) Group 38
For the Primary Products Inspection (PI) Group, one level was surveyed. Figure 10
shows that the public service is competitive with the market at the 50th percentile for the
PI-01 level. Figure 11 demonstrates that we are slightly behind P50 but we must take
into consideration that our data is a year behind; as previously noted.
Figure 10: Base Salary (Salary Survey) Comparison
PI Group
(Annual ‘000$)
$65 TBS Range Market P25
Market P50 Market P75
$55
$45
$35
$25
PI-0 1
Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006.
Figure 11: Base Salary (Prov. / Terr. Governments) Comparison
PI Group
(Annual ‘000$)
$65 TBS Range Market P25
Market P50 Market P75
$55
$45
$35
$25
PI-0 1
Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006.
Employer’s Arbitration Brief – Technical Services (TC) Group 39
Finally, for the Technical
Figure 12: Base Salary (Salary Surveys) Comparison
Inspection (TI) Group, 4
TI Group
levels, each covering a (Annual ‘000$)
different position, were $120 TBS Range Market P25
surveyed. Figure 12 Market P50 Market P75
$100
shows that the public
service leads the market $80
th
(salary surveys) at the 50
$60
percentile for the TI-05 and
at the 75th percentile for $40
the TI-06 level. In
$20
reference to Figure 13, TI-0 4 TI-05 TI-06 TI-07
Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
there were not enough 2006. The TBS TI-06 and TI-07 positions include the annual terminable allowance of $6,590.04
and $7,317.96, respectively.
data points to calculate the
P25 and P75 for the TI-05
Figure 13: Base Salary (Prov. / Terr. Governments) Comparison
position, and not enough
TI Group
data points to calculate any (Annual ‘000$)
percentiles for the TI-06 $120 TBS Range Market P25
and TI-07 positions. For Market P50 Market P75
$100
the purposes of this
comparison, the relevant $80
terminable allowances were
$60
applied to the TI-06 and TI-
07 rates of pay, as the $40
surveyed positions were
$20
those of a Civil Aviation TI-0 4 TI-05 TI-06 TI-07
Inspector and a Senior Deloitte “Wage Comparability Study”, March 31, 2009. TBS ranges are effective as of June 22,
2006. The TBS TI-06 and TI-07 positions include the annual terminable allowance of $6,590.04
Marine Safety Inspector. It and $7,317.96, respectively.
must be noted once more that TC Group data used in Figure 13 is 2007 and
Provincial/Territorial Governments data are 2008.
Employer’s Arbitration Brief – Technical Services (TC) Group 40
3.2 Comparison of Cumulative Monetary Increases
For presentation Figure 14: Cumulative Monetary Increases
purposes, this
comparison is shown 30%
TC Gr oup - Weighted Av era ge
CPI
in two different AWE (SEPH)
graphs. The data
20%
presented in Figures
14 and 15 indicate
that the TC Group 10%
would keep up with
cumulative inflation 3
0%
and stay ahead of the 1998 1999 200 0 2 001 2002 2003 2004 200 5 2 006
cumulative wage
Calculated by TBS using Stat. Can.’s CPI, V737344, AWE excluding overtime, (v1597104), and
growth of Canadian settlement rates for the TC Group (weighted average).
workers in general
with the Employer’s pay proposal.
Figures 14 and 15 show that the total cumulative increases 4 received by the different
TC Group (ranging from 23.9% to 33.2%), have more than compensated for the
cumulative price increases (19.7%) in the economy as represented by the change in
CPI inflation. In addition, they have outpaced the increase in Average Weekly Earnings
(AWE) of all Canadian workers, which reached 17.8% over the same period.
3
Assumes that inflation unfolds as forecasted by the Consensus Forecasts. See economic section below.
4
Economic increases, restructures, terminable allowances and other pay adjustments.
Employer’s Arbitration Brief – Technical Services (TC) Group 41
Furthermore, the TC agreements have also outpaced the increase in public and private
sector settlements (as measured by HRSDC 5), which reflected cumulative increases of
21.6% and 20.5%, respectively.
Figure 15: Cumulative Monetary Increases
30%
TC Group - We ighted Av erage
Public Sector (HRSD C)
Private Se ctor (HRSDC )
20%
10%
0%
1998 1999 200 0 2 001 2002 2003 2004 200 5 2 006
Calculated by TBS using Stat. Can.’s CPI, V737344, AWE excluding overtime, (v1597104), and
settlement rates for the TC group (weighted average).
3.3 Pensions and Paid Benefits
As noted in the Policy Framework for the Management of Compensation, it is important
to consider the full compensation package provided by the Employer when assessing
the compensation situation of the TC Group compared to the market. Besides wages,
total compensation is composed of paid and unpaid non-wage benefits, such as
Employer contributions to pensions, other employee benefit programs (i.e., health and
dental) and flexible working arrangements.
5
Wage settlements as reported by HRSDC for bargaining units that have 500 or more unionized employees.
These data are weighted averages of the annual percentage ‘adjustments’ in ‘base rates’ during the period
covered by the settlements. The ‘base rate’ is the wage rate of the lowest paid classification containing a
significant number of qualified workers in the bargaining unit. The ‘adjustments’ include such payments as
restructures and estimated cost-of-living allowance.
Employer’s Arbitration Brief – Technical Services (TC) Group 42
This very significant advantage in favour of the TC employees is partly due to the
generous pension and paid benefits they receive when compared to other Canadian
workers. While the value of non-wage benefits is not available for the TC Group
specifically, measuring the generosity of the pensions and paid benefits package
provided to all federal government employees which is essentially universal across all
CPA Groups, compared to the market indicates that federal employees enjoy better
benefits. That is, pension and paid benefits represent a higher portion of wages relative
to the private sector. This is measured by comparing the ratio of supplementary labour
income to wages and salaries. According to Statistic Canada’s National Accounts
definition, supplementary labour income measures the amount Employers pay for
pension and benefits for their employees. Since pension and benefit programs are
almost entirely homogenous across the federal public service, this ratio for the federal
public administration is applicable to the TC Group.
The analysis of the above benefits summarized in Figure 16 clearly establishes that TC
benefits are higher when compared to the average Canadian worker. The ratio of
supplementary labour income to wages and salaries stood at 20.9% in the federal public
administration and 14.9% on average in all other sectors. This difference has been
relatively stable since 1995, as it has ranged between a low of 6.0 percentage points to
a high of 13.2 percentage points.
It is also important to note, especially
Figure 16: Supplementary Labour Income Ratio
during these economically uncertain 2006 (in percent)
times, that non-wage benefits that the
25
TC employees receive, which are 20.9
20
supported and paid for by the Federal 14.9
15
Government, are far more insolated 10
from the effects of a recession than 5
non-wage benefits paid and received 0
Fed. Public Admin. All Other Sectors
for those who work in the private
Source: Statistics Canada
sector. The payment and continuity of Source: 2006 National Accounts Data, Statistics Canada
non-wage benefits for private sector
Employer’s Arbitration Brief – Technical Services (TC) Group 43
workers is dependent on the financial viability of their Employer. During economic
downturns, this viability is at risk, which could leave workers with reduced pension
benefits and little or no other benefits.
4.0 Internal Relativity
Section 148 (c) of the PSLRA provides…”the need to maintain appropriate relationships
with respect to compensation and other terms and conditions of employment as
between different classification levels within an occupation and as between occupations
in the public service”.
4.1 Comparison of Cumulative Increases
An analysis of total Figure 17: TC Cumulative Economic Increases vs. CPA
cumulative economic 40%
TC Grou p - We ighted Ave rage
increases (Figure 17) CPA
shows that the TC 30%
Group has
experienced the same 20%
salary increases as
those received by the 10%
Core Public
0%
Administration (CPA)
1998 1999 2000 2001 2002 2003 2004 2005 2006
over the same time
period. Since 1998, Calculated by TBS from settlement rates (weighted average).
total cumulative economic increases received by both the TC Group and the CPA have
been 22.0%.
Employer’s Arbitration Brief – Technical Services (TC) Group 44
5.0 Fair and reasonable Terms and Conditions of
Employment
Section 148 (d) of the PSLRA provides…”the need to establish compensation and other
terms and conditions of employment that are fair and reasonable in relation to the
qualifications required, the work performed, the responsibility assumed and the nature
of the services rendered”.
Comments on Section 148(d) are included in the discussion under Sections 148(b) and
(c) above.
6.0 Economy and Fiscal Circumstances
Section 148 (e) of the PSLRA provides…”the state of the Canadian economy and the
Government of Canada’s fiscal circumstances”.
For the federal government in its role as Employer, the state of the economy and the
government’s fiscal circumstances are crucial considerations.
Overall, the weakness in the Canadian economy due to the ongoing worldwide
recession, together with corresponding declines in consumer demand, business
investment, and the collapse of commodities markets, indicate that the labour market
will continue to soften and that wage pressures will continue to weaken. Moreover, risks
associated with the outlook remain negative, which could lead to even weaker labour
markets and wage growth than is now broadly expected.
Employer’s Arbitration Brief – Technical Services (TC) Group 45
6.1 Economic Trends
The Consumer Price Index (CPI) tracks the price of a typical basket of consumer
goods 6. Inflation, or the change in the CPI index, is an indication of the erosion of
purchasing power experienced by consumers over a specific period. In 2006, 2007,
and 2008, average CPI inflation remained modest at or just above 2.0% per year (Table
3). The increase in inflation for 2008 mainly reflects the impact of previously-higher
gasoline prices, which by April 2009 had fallen 25% from a year ago. Core inflation,
which excludes gasoline and other volatile components such as fresh fruits and
vegetables and is used by the Bank of Canada to direct monetary policy, was 1.7% in
2008, which indicates that inflation would have been even lower had the temporary
spike in gasoline prices not occurred. For the next two (2) years, Consensus forecasters
expect inflation to plunge to 0.3% in 2009 before rebounding to a modest 1.8% in 2010.
Real GDP growth, which is the standard measure of economic growth in Canada,
provides an indication of overall demand for goods, services, and labour. Lower real
GDP growth lowers demand for employment, which increases unemployment and
lowers wage increases. In some circumstances, sharply falling real GDP can lead to
wage reductions and rollbacks.
Table 3
Economic and Labour Market Indicators
2006 2007 2008 2009* 2010*
CPI (y/y%) 2.0 2.2 2.3 0.3 1.8
GDP (y/y%) 2.9 2.5 0.4 -2.3 2.1
Unemployment (%) 6.3 6.0 6.2 8.5 9.0
Source: Statistics Canada and Consensus Economics Inc (June 2009 Forecast)
Note: *Denotes forecast
6
The basket includes the following items: food, shelter, household operations, furnishings, and equipment,
clothing and footwear, transportation, health and personal care, recreation, education, and reading, and
alcoholic beverages and tobacco products. Source: Statistics Canada
Employer’s Arbitration Brief – Technical Services (TC) Group 46
Real GDP growth slowed significantly in Backgrounder: Use of Consensus Economics and the Bank
of Canada Forecasts
2008 to just 0.4%, largely reflecting
The employer has chosen to use the forecasts by Consensus
reduced demand for Canadian exports Economics and the Bank of Canada as its principal indicator of
future economic prospects.
due to the onset of the global economic
slowdown. Consensus forecasters Consensus Economics, a UK forecasting firm, develops
economic forecasts for major industrialized countries by
expect the recession to continue through surveying the prominent economic forecasters in each country.
The Canadian forecasts are based on a survey of 15 firms,
2009, with real GDP forecast to decline including the Conference Board of Canada, Merrill Lynch
Canada and the University of Toronto. The consensus forecast
2.3%. The Bank of Canada has forecast is widely regarded as one of the more reliable and unbiased
indicator of future economic prospects. By taking the average
even weaker GDP growth in 2009, with a of many different viewpoints, it is not unduly influenced by the
particular assumptions of individual forecasting firms. It is
contraction of 3.0%. 7 also transparent, as the forecasts of each firm are available.
The Bank of Canada is unique in that it has the power to
influence economic developments through its control interest
rates. The Bank of Canada’s view on the economic outlook is
Canada’s economy contracted 5.4% a key determinant of its monetary policy. For example, the
Bank is likely to raise interest rates (thereby increasing
(annual rate) in the first quarter of 2009, unemployment, and reducing wage ) when it perceives that
inflationary pressures are developing due to, say, unsustainably
marking the largest quarterly decline in high economic growth. Knowledge of the Bank’s forecast is
important in understanding how it might act to influence the
economic growth since the first quarter of economic outlook.
1991. Negative growth is expected to
continue through most of 2009, followed by a gradual recovery in 2010. As a result of
the weak economic conditions, unemployment is expected to progressively increase
from 6.2% in 2008 to 9.0% in 2010. Employment has already fallen by 363,000 to May
2009 since its peak in October 2008. Full-time employment has fallen even further, with
406,000 jobs lost over the same period.
6.2 Economic Uncertainty and Impact on Negotiations
It is noteworthy that Consensus expectations for most western economies have been
revised repeatedly downwards. Since information regarding the U.S. sub-prime
mortgage issue became available in August 2007, the Consensus forecast for Canadian
real GDP growth in 2009 has been revised down from 2.5% in January 2008 to -2.3% in
7
Bank of Canada Monetary Policy Report April 2009
Employer’s Arbitration Brief – Technical Services (TC) Group 47
June 2009. The forecast for U.S. real GDP growth has also been revised down,
plummeting from 2.7% to -2.8% over the same period.
Going forward, despite the repeated downward revision to growth forecasts, even
slower economic growth and lower inflation remains quite possible. If this were to be
the case, labour markets and wage pressures would weaken even further than is
currently expected.
Most of the downside risk to the Canadian economy comes from external factors. In
particular, growth in the United States and in other countries, industrialized and
developing, could be much slower than is currently expected as a result of continuing
financial sector difficulties or a slower transmission of supportive monetary and fiscal
policy actions taken by governments worldwide. This would have a direct negative
effect on the Canadian economy through a weaker export sector, as well as an indirect
negative effect through downward pressure on commodity prices – as already seen with
the price of oil – that would further curtail the Canadian economy and the Canadian
labour market.
6.3 Government Fiscal Circumstances
For the federal government in its role as Employer, financial capacity and ability to pay
are crucial considerations. With the economy in the midst of a sharp recession, the
government has extremely limited fiscal flexibility. Indeed, the government is facing
significant deficits over the next few years, with Budget 2009 showing expected deficits
that will reach a cumulative $105 billion by 2012-13 and a federal debt that will climb to
$562 billion. The weaker than expected economic performance since Budget 2009 was
announced in January has resulted in upward revisions of $2.9 billion and $8.1 billion to
the expected deficits in 2008-09 and 2009-10. Loans to the auto industry and a Canada
Health Transfer top-up have added an additional $8.5 billion to the deficit in 2009-10 8.
Together the weak economic performance and additional expenses have added $19.5
8
Canada’s Economic Action Plan- A Second Report to Canadians June 2009
Employer’s Arbitration Brief – Technical Services (TC) Group 48
billion in cumulative deficits since January and an expected deficit of $50.2 billion in
2009-10.
The government’s immediate priority is to support the economy. At the same time,
however, it must continue to carefully manage existing programs and costs. As such,
the government has taken a number of major steps to control spending in response to
the deteriorating economic and fiscal situation, including putting into place annual wage
increases for the public sector to ensure compensation costs are predictable and
sustainable in the coming years. These annual wage increases will result in a
cumulative 7.0% increase for public sector employees, which compares favorably with
Consensus forecast that has cumulative actual/expected inflation over the same period
at 6.6% 9. With the legislated wage increases, employees will see a modest increase in
real wages over this period of fiscal restraint.
The government is committed to returning to a surplus position. As such, the stimulus
measures set out in the budget are concentrated in the next two years, when the
economy is expected to be weak and the stimulus is most needed. Consistent with the
focus on near-term stimulus, if time-limited spending does not evolve as expected, the
money will not be rolled forward to be spent in later years. By 2013-14, a small surplus
is expected and the government is committed to use future budget surpluses first of all
to repay deficits expected in the upcoming years.
In terms of compensation, the needs of all Canadians must be weighed against the
costs of wage settlements. The government has the responsibility to manage its budget
in a manner that serves the public interest. Sound fiscal management goes beyond
mere prudent planning; it encompasses the responsible management of tax dollars as
well as the delivery of cost-effective and efficient government services.
9
Forecast assumes inflation in 2011Q1 is 2.0%, as a quarterly forecast is unavailable for 2011.
Employer’s Arbitration Brief – Technical Services (TC) Group 49
7.0 Employer’s Submission for Rates of Pay
The Employer’s proposal before the Board is in keeping with the above analysis and is
consistent with the overall proposal made to the Alliance in November 2008.
The Employer is proposing four (4) year duration with an expiry of June 21, 2011, with
economic increases as follows:
Effective June 22, 2007 2.3%
Effective June 22, 2008 1.5%
Effective June 22, 2009 1.5%
Effective June 22, 2010 1.5%
No restructuring is proposed.
Recent economic and compensation data suggest that low economic increases would
be appropriate for settlements concluded in the near to medium term for the Technical
Services (TC) Group. This is in response to the deteriorating economic and fiscal
situation of the country in which Canadians should expect significant deficits over the
next few years.
The group enjoys a favorable position when compared to their external labour market
comparators (private and public sectors) as well as with the average increases of the
CPA. The current levels of compensation for the TC Group are sufficient as evidenced
by relatively healthy recruitment and retention levels where the overall population has
been in constant growth since year 2000.
As indicated in the 2009 Federal Budget, the Government has introduced legislation to
ensure that compensation for the public sector reflects the current economic and fiscal
situation and as such, public servants will receive economic increases of 2.3% for fiscal
year 2007/08, 1.5% for fiscal year 2008/09, 1.5% for fiscal year 2009/10 and 1.5% for
fiscal year 2010/11.
Employer’s Arbitration Brief – Technical Services (TC) Group 50
As well, the Employer is of the opinion that the above position is consistent with the
Expenditure Restraint Act.
Employer’s Arbitration Brief – Technical Services (TC) Group 51
PART IV
OTHER ISSUES IN DISPUTE
TC Arbitration Board Brief 52
ARTICLE 2
INTERPRETATION AND DEFINITIONS
Collective Agreement Employer Proposal
2.01 For the purpose of this Agreement: 2.01 For the purpose of this Agreement:
“overtime” (heures supplémentaires) “overtime” (heures supplémentaires)
means: means:
(a) in the case of a full-time employee, (a) in the case of a full-time employee,
authorized work in excess of the authorized work in excess of the
employee’s scheduled hours of employee’s scheduled hours of
work, work,
or or
(b) in the case of a part-time employee, (b) in the case of a part-time employee,
authorized work in excess of authorized work in excess of
seven and one-half (7 1/2) hours seven decimal five (7.5) hours at
per day or thirty-seven and straight-time per day in the same
one-half (37 1/2) hours per week, position or thirty-seven decimal
but does not include time worked on five (37.5) hours at straight time
a holiday, per week in the same position, but
or does not include time worked on
a holiday,
(c) in the case of a part-time employee
whose normal scheduled hours of or
work are in excess of seven and (c) in the case of a part-time employee
one-half (7 1/2) hours per day in whose normal scheduled hours of
accordance with the Variable Hours work are in excess of seven
of Work provisions (clauses 25.10 decimal five (7.5) hours per day in
to 25.13), authorized work in excess accordance with the Variable Hours
of those normal scheduled daily of Work provisions (clauses 25.10
hours or an average of thirty-seven to 25.13), authorized work in excess
TC Arbitration Board Brief 53
and one-half (37 1/2) hours per of those normal scheduled daily
week, hours at straight time in the same
position or an average of thirty-
seven decimal five (37.5) hours at
straight time per week in the
same position,
Comments:
The Employer is proposing to introduce language that would clarify the obligation of the
Employer to pay overtime when an employee has two part-time employments with
different departments. The existing language does not clearly state if the hours worked
at two (2) departments can be considered as one for total hours and as such, could
result in overtime payments though each department is clearly below the number of
hours required for overtime. As different collective agreements may contain different
overtime provisions, this would lead to administrative problems. This new language
would ensure one consistent application.
ARTICLE 25
HOURS OF WORK
Collective Agreement Employer Proposal
25.08 If an employee is given less than 25.08 If an employee is given less than
seven (7) days’ advance notice of a seven (7) days’ forty-eight (48) hours’
change in his or her shift schedule, the advance notice of a change in his or her
employee will receive a premium rate of shift schedule, the employee will receive a
time and one-half (1 1/2) for work premium rate of time and one-half (1 1/2)
performed on the first shift changed. for work performed on the first shift
Subsequent shifts worked on the new changed. Subsequent shifts worked on the
schedule shall be paid for at straight time. new schedule shall be paid for at straight
Such employee shall retain his or her time. Such employee shall retain his or her
previously scheduled days of rest next previously scheduled days of rest next
TC Arbitration Board Brief 54
following the change or if worked, such following the change or if worked, such
days of rest shall be compensated in days of rest shall be compensated in
accordance with the overtime provisions of accordance with the overtime provisions of
this collective agreement. this collective agreement.
Comments:
The Employer is proposing to amend the notification period for a shift change. The
current 7 days’ advance notice is operationally too long and it denies management’s
flexibility to manage its staff. The proposed shorter notice period has an added benefit
to employees as it will provide greater flexibility to accommodate short notice requests
such as leave requests. The 48 hours’ advance notice is currently found in the CX
collective agreement.
ARTICLE 28
OVERTIME
Collective Agreement Employer Proposal
28.12 An employee who receives a call to 28.12 Call-back from a remote location
duty or responds to a telephone or data Move 28.12 to Article 29 – Call Back Pay
line call while on standby or at any other
time outside of his or her scheduled hours
of work, may at the discretion of the
Employer work at the employee’s
residence or at another place to which the
Employer agrees. In such instances, the
employee shall be paid the greater of:
(a) compensation at the applicable
overtime rate for any time worked,
or
(b) compensation equivalent to
TC Arbitration Board Brief 55
one (1) hour’s pay at the
straight-time rate, which shall apply
only the first time an employee
performs work during an
eight (8) hour period, starting when
the employee first commences the
work.
Comments:
This proposal is to consolidate all call-back provisions in a single article. As this
collective agreement contains a Call-Back Pay article, we believe that this existing
provision would be more appropriately located at article 29.
ARTICLE 29
CALL-BACK PAY
Collective Agreement Employer Proposal
Alternate Provisions Alternate Provisions
Clauses 29.01 and 29.02 do not apply to Clauses 29.01, 29.02 and 29.03 do not
employees covered by 29.03. apply to employees covered by 29.04.
29.01 If an employee is called back to 29.01 If an employee is called back to
work: work:
(a) on a designated paid holiday which (a) on a designated paid holiday which
is not the employee’s scheduled is not the employee's scheduled day
day of work, of work,
or or
(b) on the employee’s day of rest, (b) on the employee's day of rest,
or or
TC Arbitration Board Brief 56
(c) after the employee has completed (c) after the employee has completed
his or her work for the day and has his or her work for the day and has
left his or her place of work, and left his or her place of work, and
returns to work, the employee shall returns to work, the employee shall
be paid the greater of: be paid the greater of:
(i) compensation equivalent to (i) compensation at the
three (3) hours’ pay at the applicable overtime rate for
applicable overtime rate of overtime time worked,
pay for each call-back to a or
maximum of eight (8) hours’
(ii) compensation equivalent to
compensation in an
three (3) hours' pay at the
eight (8)-hour period. Such
applicable overtime rate of
maximum shall include any
pay except that this
reporting pay pursuant to
minimum shall only apply
clause 32.06 and the
once during a single eight
relevant reporting pay
(8) hour period, starting
provisions,
when the employee first
or commences the work.
(ii) compensation at the Such maximum shall include
applicable rate of overtime any reporting pay pursuant to
compensation for time clause 32.06 and the relevant
worked, reporting pay provisions,
provided that the period worked by the provided that the period worked by
employee is not contiguous to the the employee is not contiguous to
employee’s normal hours of work. the employee's normal hours of
work.
(d) The minimum payment referred to
in 29.01(c)(i) above, does not apply (d) The minimum payment referred to in
to part-time employees. Part-time 29.01(c)(ii) above, does not apply to
employees will receive a minimum part-time employees. Part-time
payment in accordance with employees will receive a minimum
TC Arbitration Board Brief 57
clause 63.06 of this collective payment in accordance with clause
agreement. 63.06 of this collective agreement.
Comments:
The Employer’s proposal is to apply the 3 hours compensation at the applicable
overtime rate the first time the employee is called back within an 8-hour period. The
principal of this proposal is that an employee is being inconvenienced by the first time
that he or she has to report back to work and a different compensation should be
applicable. Subsequent call-back situations will be compensated at the applicable
overtime rate. The proposed payment under 29.01 is a responsible and reasonable
level of compensation for the amount of time worked.
The addition of 29.03 under Alternate Provisions is a consequential change by the
relocation of article 28.12 to Article 29.
The Employer recommends that the Board amend the current language.
Collective Agreement Employer Proposal
28.12 An employee who receives a call to 29.02 If an employee receives a call to
duty or responds to a telephone or data duty and works a minimum of fifteen
line call while on standby or at any other (15) minute period at his or her
time outside of his or her scheduled hours residence or at another place to which
of work, may at the discretion of the the Employer agrees:
Employer work at the employee’s
(a) on a designated paid holiday
residence or at another place to which the
which is not the employee's
Employer agrees. In such instances, the
scheduled day of work,
employee shall be paid the greater of:
or
(a) compensation at the applicable
(b) on the employee's day of rest,
overtime rate for any time worked,
or
or
(c) after the employee has
(b) compensation equivalent to
TC Arbitration Board Brief 58
one (1) hour’s pay at the completed his or her work for the
straight-time rate, which shall apply day and has left his or her place
only the first time an employee of work, the employee shall be
performs work during an paid the greater of:
eight (8) hour period, starting when i) compensation at the
the employee first commences the applicable overtime rate for
work. overtime time worked,
or
ii) compensation equivalent to
one (1) hour’s pay at the
straight-time rate, which
shall only apply once only
the first time an employee
performs work during an
single eight (8) hour period,
starting when the employee
first commences the work
provided that the period worked by the
employee is not contiguous to the
employee's normal hours of work.
Comments:
This new clause is formerly 28.12 of the Overtime article which we are proposing to
relocate under the Call-Back Pay article. The Call-back provision when working from a
remote location already exists in the TC collective agreement. The Employer is
proposing to maintain the entitlement with modified language.
The proposed language outlines the current situations when this provision would be
applicable. As identified in the Overtime article, the employee must work for 15 minutes
in order to receive compensation for 1 hour. This will ensure a minimum period of work
for overtime compensation.
TC Arbitration Board Brief 59
The Employer’s proposal is to apply the 1 hour compensation at the applicable overtime
rate the first time the employee is called back within an 8-hour period. The principal of
this proposal is that an employee is being inconvenienced by the first time that he or
she has to perform work and a different compensation should be applicable.
Subsequent call-back situations will be compensated at the applicable overtime rate.
The proposed payment under 29.02 is a responsible and reasonable level of
compensation for the amount of time worked.
Consequently, the Employer recommends that the Board amend the current language.
ARTICLE 30
STANDBY
Collective Agreement Employer Proposal
30.01 Where the Employer requires an 30.01 Where the Employer requires an
employee to be available on standby employee to be available on standby
during off-duty hours, such employee shall during off-duty hours, such employee shall
be compensated at the rate of be compensated at the rate of
one-half (1/2) hour for each four (4)-hour one-half (1/2) hour for each four (4)-hour
period or part thereof for which the period or part thereof for which the
employee has been designated as being employee has been designated as being
on standby duty. on standby duty.
30.02 An employee designated by letter or 30.02 An employee designated by letter or
by list for standby duty shall be available by list for standby duty shall be available
during his or her period of standby at a during his or her period of standby at a
known telephone number and be available known telephone number and be readily
to return for work as quickly as possible if available to return for work as quickly as
called. In designating employees for possible, and within a reasonable time
standby, the Employer will endeavour to frame as determined by the Employer, if
provide for the equitable distribution of called. In designating employees for
standby duties. standby, the Employer will endeavour to
provide for the equitable distribution of
TC Arbitration Board Brief 60
standby duties.
Comments:
The Employer is proposing new language which would emphasize that when an
employee is designated to be on standby, he or she should be available to report for
work within a reasonable period of time in order to assume the duties. The Employer’s
decision to determine if the employee is readily available, would be based on the
urgency of the matter, ie. within the next hour or during the course of the day.
It is the Employer’s interpretation that ‘readily’ means to be prompt, in a timely manner,
willing, without hesitation and difficulty.
Similar language can be found in the newly negotiated Computer Systems
Administration (CS) and the Economics and Social Science Services (EC) collective
agreements.
The Employer recommends that the Board amend the current language, based on the
proposal.
ARTICLE 31
REPORTING PAY
Collective Agreement Employer Proposal
31.01 31.01
(a) When an employee is required to (a) When an employee is required
report and reports to work on the scheduled to report for work and
employee’s day of rest, the reports to work on the employee’s
employee is entitled to a minimum day of rest, the employee is entitled
of three (3) hours’ pay at the to a minimum of three (3) hours’
applicable overtime rate of pay; pay at the applicable overtime rate
of pay shall be paid the greater of:
TC Arbitration Board Brief 61
i) compensation at the
applicable overtime rate for
overtime worked,
or
ii) compensation equivalent to
three (3) hours’ pay at the
applicable overtime rate of
pay except that this
minimum shall only apply
once during a single eight
(8) hour period, starting
when the employee first
commences the work.
Comments:
There are two elements at play in 31.01(a). The first one is the adoption of the 8-hour
period within which the call-back can take place. The second element deals with
minimum compensation of 3 hours at applicable overtime rate to occur only once in this
8-hour period, as currently found in clause 29.01, 29.02 and 32.06. The proposed
payment under 31.01(a) is a responsible and reasonable level of compensation for the
amount of time worked.
The proposed change of language from “required to report” to “scheduled to report for
work” is to clarify when this provision would be applicable and to advise the employee
that this provision is applicable only when he or she is scheduled to report for work.
The Employer requests that the Board approves the amendment to the language and
the modification to the provision.
TC Arbitration Board Brief 62
ARTICLE 32
DESIGNATED PAID HOLIDAYS
Collective Agreement Employer Proposal
32.06 When an employee is required to 32.06 Reporting for Work
report for work and reports on a (a) When an employee is required
designated holiday, the employee shall be
scheduled to report for work and reports
paid the greater of: on a designated holiday, the employee
(a) compensation equivalent to shall be paid the greater of:
three (3) hours’ pay at the
(i) compensation in accordance with
applicable overtime rate of pay for
the provisions of clause 32.05;
each reporting to a maximum of
or
eight (8) hours’ compensation in an
eight (8) hour period; (ii) compensation equivalent to
three (3) hours’ pay at the
or
applicable overtime rate except
(b) compensation in accordance with
that this minimum shall only
the provisions of clause 32.05.
apply once during a single eight
(8) hour period, starting when the
employee first commences the
work.
(b) The minimum payment referred
to in (a)(ii) above, does not apply to
part-time employees. Part-time
employees will receive a minimum
payment in accordance with 63.09.
Comments:
As previously identified in the above proposals, the Employer’s proposal is to apply the
3 hours compensation at the applicable overtime rate the first time the employee is
called back within an 8-hour period. The principal of this proposal is that an employee
TC Arbitration Board Brief 63
is being inconvenienced by the first time that he or she has to perform work and a
different compensation should be applicable. Subsequent call-back situations will be
compensated at the applicable overtime rate. The proposed payment under 32.06 is a
responsible and reasonable level of compensation for the amount of time worked.
The proposed change of language from “required to report” to “scheduled to report for
work” is to clarify when this provision would be applicable and to advise the employee
that this provision is applicable only when he or she is scheduled to report for work.
The Employer recommends the adoption of this proposal.
ARTICLE 34
TRAVELLING TIME
Collective Agreement Employer Proposal
34.03 For the purposes of clauses 34.02 34.03 For the purposes of clauses 34.02
and 34.04, the travelling time for which an and 34.04, the travelling time for which an
employee shall be compensated is as employee shall be compensated is as
follows: follows:
For travel by public transportation, the time (a) For travel by public transportation,
between the scheduled time of departure the time between the scheduled
and the time of arrival at a destination, time of departure and the time of
including the normal travel time to the arrival at a destination, including the
point of departure, as determined by the normal travel time to the point of
departure, as determined by the
Employer.
Employer.
For travel by private means of
(b) For travel by private means of
transportation, the normal time as
transportation, the normal time as
determined by the Employer, to proceed
determined by the Employer, to
from the employee’s place of residence or
proceed from the employee’s place
work place, as applicable, direct to the
of residence or work place, as
employee’s destination and, upon the
applicable, direct to the employee’s
employee’s return, direct back to the
TC Arbitration Board Brief 64
employee’s residence or work place. destination and, upon the
employee’s return, direct back to
In the event that an alternate time of
the employee’s residence or work
departure and/or means of travel is
place.
requested by the employee, the Employer
may authorize such alternate (c) In the event that an alternate time of
arrangements, in which case departure and/or means of travel is
compensation for travelling time shall not requested by the employee, the
exceed that which would have been Employer may authorize such
payable under the Employer’s original alternate arrangements, in which
determination. case compensation for travelling
time shall not exceed that which
34.04 If an employee is required to travel
would have been payable under the
as set forth in clauses 34.02 and 34.03:
Employer’s original determination.
(a) On a normal working day on which
34.04 If an employee is required to travel
the employee travels but does not
as set forth in clauses 34.02 and 34.03:
work, the employee shall receive
his or her regular pay for the day. (a) On a normal working day on which
the employee travels but does not
(b) On a normal working day on which
work, the employee shall receive
the employee travels and works, the
his or her regular pay for the day.
employee shall be paid:
(b) On a normal working day on which
(i) his or her regular pay for the
the employee travels and works, the
day for a combined period of
employee shall be paid:
travel and work not
exceeding his or her regular (i) his or her regular pay for the
scheduled working hours, day for a combined period of
travel and work not
and
exceeding his or her regular
(ii) at the applicable overtime scheduled working hours,
rate for additional travel time
and
in excess of his or her
regularly scheduled hours of (ii) at the applicable overtime
work and travel, with a rate for additional travel time
TC Arbitration Board Brief 65
maximum payment for such in excess of his or her
additional travel time not to regularly scheduled hours of
exceed twelve (12) hours work and travel, with a
pay at the straight-time rate maximum payment for such
of pay. additional travel time not to
exceed twelve (12) hours pay
(c) On a day of rest or on a designated
at the straight-time rate of
paid holiday, the employee shall be
paid at the applicable overtime rate pay.
for hours travelled to a maximum of (c) On a day of rest or on a designated
twelve (12) hours pay at the paid holiday, the employee shall be
straight-time rate of pay. paid at the applicable overtime rate
for hours travelled to a maximum of
twelve (12) hours pay at the
straight-time rate of pay.
(d) For the purpose of clauses 34.04
(b) and (c), should a period of
work and travel continue into the
next day, the employee’s total
travel period will be deemed to
have taken place on the day it
started.
Comments:
Under clause 34.03, the Employer’s proposal is to facilitate the reference to these
paragraphs by allocating letters a, b and c.
At 34.04 (d), the Employer’s intention is to clarify the current application of this provision
as many interpretation requests were received. The proposed language identifies that a
period of travel that begins on a day and continues to the following day, shall be
considered to have taken place on the day which travel began for compensation
purposes. The use of the word ‘period’ reinforces that it is viewed as such and not in
TC Arbitration Board Brief 66
relation to the hours of the day.
The introduction of such language will confirm the current application of compensation
for traveling time and as such, will eliminate questions or confusion.
The Employer recommends that the Board awards this new language.
Collective Agreement Employer Proposal
34.09 Travel Status Leave 34.09 Travel Status Leave
Exclusions Exclusions
This clause does not apply to employees
This clause does not apply to employees
covered by Appendix I - Engineering and
covered by Appendix I - Engineering and
Scientific Support Group.
Scientific Support Group.
(a) An employee who is required to
(a) An employee who is required to
travel outside his or her
travel outside his or her
headquarters area on government
headquarters area on government
business, as these expressions are
business, as these expressions are
defined by the Employer, and is
defined by the Employer, and is
away from his or her permanent
away from his or her permanent
residence for forty (40) nights
residence for forty (40) nights
during a fiscal year shall be granted
during a fiscal year shall be granted
fifteen (15) hours off with pay. The fifteen (15) hours off with pay. The
employee shall be credited with one employee shall be credited with one
additional period of additional period of seven decimal
seven decimal five (7.5) hours for
five (7.5) hours for each additional
each additional twenty (20) nights
twenty (20) nights that the
that the employee is away from his employee is away from his or her
or her permanent residence to a
permanent residence to a maximum
maximum of eighty (80) additional
of eighty (80) sixty (60) additional
nights. nights.
TC Arbitration Board Brief 67
Comments:
This proposal is a correction to a consequential change that was made during the
previous round of negotiation. The Travel Status Leave entitlement was changed from
7.5 hours to 15 hours off with pay for being away for 40 nights from his or her
permanent residence. As such, employees were entitled to a greater quantum earlier.
Although, the maximum time off remained at 37.5 hours and when doing the math, it
meant a maximum of 60 additional nights away in order to attain that maximum.
Unfortunately, the parties at that time omitted to change the 80 additional nights to 60
additional nights for qualifying for the 37.5 hours in a fiscal year.
What the Employer is asking has in no way any impact on the entitlement but to correct
the appropriate numbers.
Collective Agreement Bargaining Agent Proposal
34.09 Travel Status Leave 34.09 Travel Status Leave
Exclusions Exclusions
This clause does not apply to employees This clause does not apply to employees
covered by Appendix I - Engineering and covered by Appendix I - Engineering and
Scientific Support Group. Scientific Support Group.
(a) An employee who is required to (a) An employee who is required to
travel outside his or her travel outside his or her
headquarters area on government headquarters area on government
business, as these expressions are business, as these expressions are
defined by the Employer, and is defined by the Employer, and is
away from his or her permanent away from his or her permanent
residence for forty (40) nights residence for forty (40) nights during
during a fiscal year shall be granted a fiscal year shall be granted
fifteen (15) hours off with pay. The fifteen (15) zero decimal five (0.5)
TC Arbitration Board Brief 68
employee shall be credited with one hours off with pay for each night
additional period of away from his or her permanent
seven decimal five (7.5) hours for residence. The employee shall be
each additional twenty (20) nights credited with one additional period
that the employee is away from his of seven decimal five (7.5) hours for
or her permanent residence to a each additional twenty (20) nights
maximum of eighty (80) additional that the employee is away from his
nights. or her permanent residence to a
maximum of eighty (80) additional
(b) The maximum number of hours off
nights.
earned under this clause shall not
exceed thirty-seven decimal (b) The maximum number of hours off
five (37.5) hours in a fiscal year and earned under this clause shall not
shall accumulate as compensatory exceed thirty seven decimal five
leave with pay. (37.5) hours in a fiscal year and shall
accumulate as compensatory leave
(c) This leave with pay is deemed to be
with pay.
compensatory leave and is subject
to paragraphs 28.02(c) and (d). (b) This leave with pay is deemed to be
compensatory leave and is subject
The provisions of this clause do not apply
to paragraphs 28.02(c) (d).
when the employee travels in connection
with courses, training sessions, The provisions of this clause do not apply
professional conferences and seminars, when the employee travels in connection
unless the employee is required to attend with courses, training sessions,
by the Employer. professional conferences and seminars,
unless the employee is required to attend
by the Employer.
Remove all other exclusions under this
article, including:
• Appendix B – employees in the GT
Group, employed by the
Department of Fisheries and
TC Arbitration Board Brief 69
Oceans at a Fish Hatchery
• Appendix C – Fishery Officers in the
GT Group, working on off-shore
surveillance in the Department of
Fisheries and Oceans
• Appendix I – Employees in the EG
Group in the Sea Lamprey Control
Unit
• Appendix L – Employees in the EG
Group, employed by the
Department of National Defence
engaged in sea trials
• Appendix S – Certain aircraft
maintenance engineers
Comments:
The Bargaining Agent is proposing significant expansion to the provisions under Travel
Status Leave. They are requesting to amend the entitlement in order that each night
away from the headquarters area shall be recognized with an entitlement of 0.5 hours
off with pay, with no maximum number of hours and the removal of all exceptions that
were previously agreed to by the parties.
This proposal goes against the fundamental reasons when this provision was
negotiated which was to recognize and compensate employees that were away from
their residence for what was considered to be an excessive number of nights.
The Board should note that the level of benefit currently available to employees in this
bargaining unit is better than the majority of collective agreements which the Employer
is a party. The TC and the Electronic (EL) Groups currently provide for 15 hours of paid
leave for being away for 40 nights. Other agreements, such as the Program and
Administration Services (PA), Border Services (FB), Operational Services (SV), Radio
TC Arbitration Board Brief 70
Operators (RO) and the Air Traffic Control (AI), are entitled to 7.5 hours when away for
40 nights.
The Employer recommends the Board to renew the current entitlement.
ARTICLE 38
VACATION LEAVE WITH PAY
Collective Agreement Employer Proposal
Entitlement to Vacation Leave With Pay Entitlement to Vacation Leave With Pay
38.03 An employee is entitled to vacation 38.03 An employee is entitled to vacation
leave with pay to the extent of the leave with pay to the extent of the
employee’s earned credits but an employee’s earned credits but an
employee who has completed employee who has completed
six (6) months of continuous employment six (6) months of continuous employment
may receive an advance of credits may receive an advance of credits
equivalent to the anticipated credits for the equivalent to the anticipated credits for the
vacation year. current vacation year.
38.04 If at the end of a fiscal year, an 38.04 If at the end of a fiscal year, an
employee’s entitlement to vacation leave employee’s entitlement to vacation leave
with pay includes a fractional entitlement with pay includes a fractional entitlement
of less or more than one-half (1/2) day, the of less or more than one-half (1/2) day, the
entitlement shall be increased to the entitlement shall be increased to the
nearest half (1/2) day. nearest half (1/2) day.
38.05 In scheduling vacation leave with Scheduling of Vacation Leave With Pay
pay to an employee, the Employer shall, Delete current 38.05 and replace with:
subject to the operational requirements of
38.05
the service, make every reasonable effort:
(a) Employees are expected to take
(a) to grant the employee his or her
all their vacation leave during the
vacation leave during the fiscal year
vacation year in which it is
in which it is earned, if so requested
TC Arbitration Board Brief 71
by the employee not later than earned.
June 1;
(b) Subject to the following
(b) to comply with any request made by subparagraphs, the Employer
an employee before January 31 that reserves the right to schedule an
the employee be permitted to use in employee’s vacation leave
the following fiscal year any period earned in the current or prior
of vacation leave of four (4) days or year(s) but shall make every
more earned by the employee in the reasonable effort:
current year;
(i) to provide an employee’s
(c) to ensure that approval of an vacation leave in an
employee’s request for vacation amount and at such time
leave is not unreasonably denied; as the employee may
(d) to schedule vacation leave on an request;
equitable basis and when there is (ii) not to recall an employee
no conflict with the interests of the to duty after the employee
Employer or the other employees, has proceeded on vacation
according to the wishes of the leave;
employee.
(iii) not to cancel nor alter a
period of vacation or
furlough leave which has
been previously approved
in writing.
38.06 The Employer shall give an 38.06 The Employer shall give an
employee as much notice as is practicable employee as much notice as is practicable
and reasonable of approval, denial or and reasonable of approval, denial,
cancellation of a request for vacation or alteration or cancellation of a request for
furlough leave. In the case of denial, vacation or furlough leave. In the case of
alteration or cancellation of such leave, the denial, alteration or cancellation of such
Employer shall give the written reason leave, the Employer shall give the written
therefor, upon written request from the reason therefore, upon written request
TC Arbitration Board Brief 72
employee. from the employee.
Advance Payments Advance Payments
38.12 The Employer agrees to issue 38.12 The Employer agrees to issue
advance payments of estimated net salary advance payments of estimated net salary
for vacation periods of two (2) or more for vacation periods of two (2) or more
complete weeks, provided a written complete weeks, provided a written
request for such advance payment is request for such advance payment is
received from the employee at least received from the employee at least
six (6) weeks prior to the last pay day six (6) weeks prior to the last pay day
before the employee’s vacation period before the employee’s vacation period
commences. commences.
Providing the employee has been Providing the employee has been
authorized to proceed on vacation leave authorized to proceed on vacation leave
for the period concerned, pay in advance for the period concerned, pay in advance
of going on vacation shall be made prior to of going on vacation shall be made prior to
departure. Any overpayment in respect of departure. Any overpayment in respect of
such pay advances shall be an immediate such pay advances shall be an immediate
first charge against any subsequent pay first charge against any subsequent pay
entitlements and shall be recovered in full entitlements and shall be recovered in full
prior to any further payment of salary. prior to any further payment of salary.
Cancellation of Vacation Leave Cancellation or Alteration of Vacation
38.13 When the Employer cancels or Leave
alters a period of vacation or furlough 38.13 When the Employer cancels or
leave which it has previously approved in alters a period of vacation or furlough
writing, the Employer shall reimburse the leave which it has previously approved in
employee for the non-returnable portion of writing, the Employer shall reimburse the
vacation contracts and reservations made employee for the non-returnable portion of
by the employee in respect of that period, vacation contracts and reservations made
subject to the presentation of such by the employee in respect of that period,
documentation as the Employer may subject to the presentation of such
TC Arbitration Board Brief 73
require. The employee must make every documentation as the Employer may
reasonable attempt to mitigate any losses require. The employee must make every
incurred and will provide proof of such reasonable attempt to mitigate any losses
action to the Employer. incurred and will provide proof of such
action to the Employer
38.17 38.17
(a) Employees shall be credited a one- (a) Employees shall be credited a one-
time entitlement of thirty-seven time entitlement of thirty-seven
decimal five (37.5) hours of decimal five (37.5) hours of
vacation leave with pay on the vacation leave with pay on the
first (1st) day of the month following first (1st) day of the month following
the employee’s second (2nd) the employee’s second (2nd)
anniversary of service, as defined in anniversary of service, as defined in
clause 38.02(h). clause 38.02(h).
(b) Transitional Provision (b) Transitional Provision
Effective on March 14, 2005, Effective on March 14, 2005,
employees with more than two (2) employees with more than two (2)
years of service, as defined in years of service, as defined in
clause 38.02(h), shall be credited a clause 38.02(h), shall be credited a
one-time entitlement of one-time entitlement of
thirty-seven decimal five (37.5) thirty-seven decimal five (37.5)
hours of vacation leave with pay. hours of vacation leave with pay.
(c) The vacation leave credits provided (c) The vacation leave credits provided
in clauses 38.17(a) and (b) above in clauses 38.17(a) and (b) above
shall be excluded from the shall be excluded from the
application of paragraph 38.08 application of paragraph 38.08
dealing with the Carry-over and/or dealing with the Carry-over and/or
Liquidation of Vacation Leave. Liquidation of Vacation Leave.
Comments:
TC Arbitration Board Brief 74
Under clause 38.03, the Employer is proposing to clarify the language in a situation
when an employee is entitled to receive an advance of vacation leave credits. The
proposal is to reinforce the present practice of advancing credits to the extent of what is
anticipated for that current vacation year. Advancing vacation leave credits from future
years is far too great a liability for the Employer and for the employee as well if the
employment is terminated and the employee would have to repay the credits used but
not earned. This language is found three (3) other PSAC agreements (Program and
Administrative Services, Border Services and Operational Services) and other
agreements within the CPA such as the Research (RE), Computer Systems
Administration (CS) and Applied Science and Patent Examination (SP) collective
agreements.
The Employer is proposing to delete the rounding up of the vacation leave fractional
entitlement under 38.04 as this provision is obsolete as to the time that it was
introduced in collective agreements. Vacation leave entitlements (clause 38.02 –
accumulation of vacation leave credits) are granted in hours and not ½ days anymore.
As such, the requirement to increase a fractional entitlement of less or more than ½ day
is no longer necessary. The Employer’s systems are such that one can track vacation
leave usage in hours, whereas, at one time, such was not the case. Any rationale that
may have existed in the past to round up the fractional entitlement has long since
disappeared. This provision was deleted from all other collective agreements with other
Bargaining Agents and the PSAC for their groups.
At 38.05(a), the Employer is proposing such language in order to clarify that vacation
leave should be taken in the vacation year in which it is earned. The Bargaining Agent
has bargained vacation leave credits on behalf of its members for obvious reasons and
as such, they should be taken in the year they are earned. Vacation leave credits
should not be another source of income for the employee at the end of the fiscal year.
Employees should be taking advantage of their leave entitlements for health reasons
and in order to have a good work/life balance. This language is found in three (3) other
PSAC agreements (Program and Administrative Services, Border Services and the
Operational Services Groups) and many other collective agreements such as the
TC Arbitration Board Brief 75
Research (RE) Group, the Computer Systems Administration (CS) Group, the Audit,
Commerce and Purchasing (AV) Group.
The proposed language at clause 38.05(b) is basically the same as in the current TC
agreement but presented in the same fashion as other PSAC agreements (PA 34.05)
with the exception that would further clarify that the Employer has the right to schedule
an employee’s vacation leave for the credits earned in that fiscal year and previous
fiscal years as well. The scheduling should include the credits that the employee has
been carrying over from year after year.
At clause 38.06, the proposal consists of the addition of the word ‘alteration’ which is
reflective of the possible options for the Employer which can also be found under clause
38.13 of the TC agreement. It is also found in the PA agreement, under clause 34.06.
The Employer’s proposal at 38.12 is to delete a provision that is no longer required and
is not being used. Employees now receive their pay through direct deposit and as such,
cheques are no longer issued and would not be requested in advance when he or she
proceeds on vacation of 2 weeks or more.
The addition of the word ‘Alteration’ to the title of clause 38.13 commensurates with the
language of the clause itself.
As the one-time entitlement of 37.5 hours at clause 38.17 was introduced in the
previous collective agreement, a transitional provision was required in order to provide
the entitlement to employees who were already part of the bargaining unit on March 14,
2005 and who had more than 2 years of service. As March 14, 2005 has passed, the
transitional provision is no longer required. As such, the Employer proposes to delete
clause 38.17 (b).
The Employer proposes to delete the provision at clause 38.17 (c) where currently, the
one-time entitlement is excluded from the carry-over of vacation leave. This entitlement
has been treated and perceived by employees as additional vacation leave credits and
as such, it should then be included in the 262.5 hours carry-over limit if it has not been
taken in the fiscal year that it was earned. These additional hours to the carry-over
credits won’t have a negative impact as the average carry-over credits for the TC Group
TC Arbitration Board Brief 76
is 136.45 hours per employee. These numbers demonstrate that the group will be well
below the maximum carry-over even with the incorporation of the additional 37.5 hours.
The Employer request that the board delete clause 38.17(c).
ARTICLE 41
INJURY-ON-DUTY LEAVE
Collective Agreement Bargaining Agent Proposal
41.01 An employee shall be granted Replace current Article 41 with the
injury-on-duty leave with pay for such following:
period as may be reasonably determined
41.01 When an employee is unable to
by the Employer when a claim has been
work because of:
made pursuant to the Government
(a) a personal injury received
Employees’ Compensation Act, and a
in the performance of his
Workers’ Compensation authority has
or her duties,
notified the Employer that it has certified
that the employee is unable to work or
because of: (b) an industrial illness or a
(a) personal injury accidentally disease arising out of and
received in the performance of his in the course of the
or her duties and not caused by the employee’s employment,
employee’s willful misconduct, for which the employee has made
or a claim to the applicable workers’
compensation authority in
(b) an industrial illness or a disease
accordance with the Government
arising out of and in the course of
Employees Compensation Act,
the employee’s employment,
he or she shall be granted injury-
if the employee agrees to remit to the
on-duty leave with pay for the
Receiver General of Canada any amount
period of time that the workers’
received by him or her in compensation for
compensation authority has
loss of pay resulting from or in respect of
recognized that the employee
TC Arbitration Board Brief 77
such injury, illness or disease providing, was unable to work because of
however, that such amount does not stem an injury, illness or disease as
from a personal disability policy for which described in (a) or (b).
the employee or the employee’s agent has
41.02 Should the employee receive
paid the premium.
compensation for loss of pay
from the relevant workers’
compensation authority in
relation to his or her claim, the
employee will remit the full
amount to the Receiver General
of Canada.
Comments:
The Employer proposes to renew this article. The current language is identical to all
collective agreements in the CPA and it is consistent with the Employer’s policy. The
Employer has an internal structure that is managed by the Disability Management
Committee who consults with Bargaining Agents. Then, there is the external structure
that is managed by the provincial Workers’ Compensation boards where each province
is capable of accommodating the employee.
There are plans and systems in place in order to assist injured or ill employees when
they are absent from work. If it was the Employer’s intention to modify the
administration of injury-on-duty leave, it would do so through a consultative process
where the policy would be amended and would be applicable to all employees of the
CPA. As such, we recommend that the Bargaining Agent bring their issues/concerns to
the consultative process of the Disability Management Committee as this would be the
proper forum instead of wanting to amend within this collective agreement.
TC Arbitration Board Brief 78
ARTICLE 54
EDUCATION LEAVE WITHOUT PAY, CAREER DEVELOPMENT LEAVE
WITH PAY AND EXAMINATION LEAVE WITH PAY
Collective Agreement Bargaining Agent Proposal
54.05 54.05
(b) Upon written application by the (b) Upon written application by the
employee, and with the approval of employee, and with the approval of
the Employer, career development the Employer, career development
leave with pay may be given for any leave with pay may be given for any
one of the activities described in one of the activities described in
paragraph 54.05(a) above. The paragraph 54.05(a) above. Such
employee shall receive no approval will not be
compensation under Article 28, unreasonably withheld. The
Overtime, and Article 34, Travelling employee shall receive no
Time, of this collective agreement compensation under Article 28,
during time spent on career Overtime, and Article 34, Travelling
development leave provided for in Time, of this collective agreement
this clause. during time spent on career
development leave provided for in
this clause.
Comments:
The Employer requests to renew the current clause as it is our submission that this
proposal is not required. The current clause is identical to many other collective
agreements such as the those represented by the PSAC (PA, SV, FB), the Electronics
(EL) and Non-Supervisory Printing Services (PR(NS)), just to name a few.
TC Arbitration Board Brief 79
Collective Agreement Bargaining Agent Proposal
NEW 54.07
For employees in the TI Classification:
An employee shall be granted leave
with pay to maintain their certification
as required in his/her Statement of
Qualifications. The employer will pay
all associated tuition fees on
successful completion of the course,
and, if required, any travel costs
associated with attending the course.
Comments:
The Employer does not support the Bargaining Agent’s proposal. Qualifications
necessary for entry into the TI Group and for appointment to a position within the group
is the responsibility of the employee. Certification is not a requirement for the
continuation of the performance of the duties of the position. If specific training is
required or mandatory for the performance of the duties, such is provided by the
Employer.
Such matters should be discussed in the context of the employee’s learning plan with
his or her manager as it is no different than any other training.
TC Arbitration Board Brief 80
ARTICLE 62
DANGEROUS GOODS
Collective Agreement Bargaining Agent Proposal
62.01 An employee certified pursuant to 62.01
the Transportation of Dangerous Goods (a) An employee certified pursuant to the
Act and who is assigned the responsibility
Transportation of Dangerous Goods Act
for packaging and labeling of Dangerous and who is assigned the responsibility for
Goods for shipping in accordance with the packaging and labeling of Dangerous
above Act, shall receive a daily allowance Goods for shipping in accordance with the
of three dollars and fifty cents ($3.50) for
above Act, shall receive a daily allowance
each day he or she is required to package of three dollars and fifty cents ($3.50) for
and label Dangerous Goods for shipping,
each day he or she is required to package
to a maximum of seventy-five dollars ($75) and label Dangerous Goods for shipping,
in a month where the employee maintains
to a maximum of seventy-five dollars ($75)
such certification.
in a month where the employee maintains
such certification.
b) Notwithstanding a) above, any
Ammunition Technicians, who are
qualified by the employer to mark and
pack explosives and ammunition shall
receive this allowance.
Comments:
Without discussing the actual merit of the proposal, it must be noted that awarding such
proposal would be in conflict with the parameters of the Expenditure Restraint Act as
this allowance meets the definition of Additional Remuneration found within the
Expenditure Restraint Act. Section 27 of the Act precludes the creation and payment of
new additional remuneration which is one that did not previously exist or apply to a
specific group of employees. Since this proposal was created because the Ammunition
TC Arbitration Board Brief 81
Technicians presently do not qualify under the existing Dangerous Goods allowance,
changing the scope is considered to be a new allowance under the Act.
Awarding such proposal is above the restraint level in the ERA.
ARTICLE 63
PART-TIME EMPLOYEES
Collective Agreement Employer Proposal
63.01 Definition 63.01 Definition
Part-time employee means an employee Part-time employee means an employee
whose weekly scheduled hours of work on whose weekly scheduled hours of work on
average are less than those established in average in the same position are less
Article 25 but not less than those than those established in Article 25 but not
prescribed in the Public Service Staff less than those prescribed in the Public
Relations Act. Service Labour Relations Act.
General General
63.02 Unless otherwise specified in this 63.02 Unless otherwise specified in this
Article, part-time employees shall be Article, part-time employees shall be
entitled to the benefits provided under this entitled to the benefits provided under this
Agreement in the same proportion as their Agreement in the same proportion as their
normal weekly hours of work compare with normal weekly hours of work in the same
thirty-seven and one-half (37 1/2). position compare with thirty-seven
63.04 The days of rest provisions of this decimal five (37.5).
Agreement apply only in a week when a 63.04 The days of rest provisions of this
part-time employee has worked Agreement apply only in a week when a
five (5) days or thirty-seven and part-time employee has worked five (5)
one-half (37 1/2) hours. days at straight time or thirty-seven
Designated Holidays decimal five (37.5) hours at straight time
63.07 A part-time employee shall not be in the same position in the week.
paid for the designated holidays but shall, Designated Holidays
instead be paid four and one-quarter per 63.07 A part-time employee shall not be
TC Arbitration Board Brief 82
cent (4 1/4%) for all straight-time hours paid for the designated holidays but shall,
worked. instead be paid four decimal twenty-five
per cent (4.25%) for all straight-time hours
worked.
Comments:
As identified in the Employer’s proposal under Overtime definition, the Employer is
proposing to introduce language that would clarify the obligation of the Employer to pay
overtime when an employee has two part-time employments with different departments.
The existing language does not clearly state if the hours worked at two (2) departments
can be considered as one for total hours and such could result in overtime payments
though each department is clearly below the number of hours required for overtime. As
different collective agreements may contain different overtime provisions, this would
lead to administrative problems. This new language would ensure one consistent
application.
ARTICLE 67
DURATION
Bargaining Agent Proposal Employer Proposal
67.01 The duration of this collective 67.01 This agreement shall expire on
agreement shall be from the date it is June 21, 2011.
signed to June 21, 2011.
Comments:
As clearly identified by both parties in their submissions to the arbitration board, an
expiry date of June 21, 2011 is proposed and as such, we can assume that a four (4)
year agreement is agreed by the Employer and the PSAC.
It is noteworthy that all other PSAC recent agreements have a four (4) year duration,
ending in the same year as was proposed by the Employer and the PSAC.
TC Arbitration Board Brief 83
NEW ARTICLE
HAZARDOUS SUBSTANCE HANDLING ALLOWANCE
Collective Agreement Bargaining Agent Proposal
New Employees who are trained, maintain
their qualifications and are assigned to
perform duties in one or more of the
areas listed below, shall receive a
monthly allowance of one hundred and
fifty dollars ($150) for each month the
employee may be required by the
Employer to perform one or more of the
following:
a) Nuclear Emergency Response
b) Hazardous Material (HAZMAT)
Response
c) Chemical Emergency Response
Team (CERT)
d) Radiation Safety Officer duties
Comments:
This new allowance exceeds the parameters of the Expenditure Restraint Act as it
meets the definition of Additional Remuneration found within the Expenditure Restraint
Act. Section 27 of the Act precludes the creation of any additional remuneration that is
new in relation to the additional remuneration that applied to employees governed by
this collective agreement.
Awarding such proposal is above the restraint level in the ERA.
TC Arbitration Board Brief 84
NEW ARTICLE
PRE-RETIREMENT LEAVE
Collective Agreement Bargaining Agent Proposal
Effective on the date of signing of this
collective agreement, the Employer will
provide five (5) days of paid leave per
year, up to a maximum of twenty-five
(25) days, to employees who have the
combination of age and years of
service to qualify for an immediate
annuity without penalty under the
Public Service Superannuation Act.
Comments:
The Bargaining Agent is requesting 5 additional days of paid leave up to a maximum of
25 days for all employees who qualify for an immediate annuity without penalty. This
proposal was tabled as a claim that this would act as a retention mechanism for
employees with many years of service. The Employer has demonstrated in this brief
that the TC Group is not one that faces recruitment and retention issues. The current
available leave package is competitive and adequate and as such, is sufficient as it
stands. The average carry-over of vacation leave credits for the TC Group is 136.45
hours per employee which means that employees are not taking all of their vacation
leave credits per fiscal year.
The Employer recommends that this new article not be included in the arbitral award as
this clearly would be precedent setting for the CPA.
TC Arbitration Board Brief 85
NEW
MEMORANDUM OF AGREEMENT CONCERNING LAB AND X-RAY
TECHNOLOGISTS IN THE ENGINEERING AND SCIENTIFIC SUPPORT
GROUP WORKING IN PERCY MOORE AND NORWAY HOUSE
HOSPITALS
Collective Agreement Bargaining Agent Proposal
29.01 If an employee is called back to
work:
(a) on a designated paid holiday which
is not the employee's scheduled
day of work,
or
(b) on the employee's day of rest,
or
(c) after the employee has completed
his or her work for the day and has left
his or her place of work,
and returns to work, the employee shall
be paid the greater of:
(i) compensation equivalent to four
(4) three (3) hours' pay at the
applicable overtime rate of pay
for each such call-back to a
maximum of eight (8) hours'
compensation in an eight (8)
hour period. Such maximum
shall include any reporting pay
pursuant to clause 32.06 and
TC Arbitration Board Brief 86
the relevant reporting pay
provisions,
or
(ii) compensation at the applicable
rate of overtime compensation
for time worked,
provided that the period worked by the
employee is not contiguous to the
employee's normal hours of work.
(d) The minimum payment referred to in
29.01 (c)(i) above, does not apply to
part-time employees. Part-time
employees will receive a minimum
payment in accordance with clause
63.06 of this collective agreement.
29.02 Other than when required by the
Employer to use a vehicle of the
Employer for transportation to a work
location other than the employee's
normal place of work, time spent by the
employee reporting to work or
returning to his or her residence shall
not constitute time worked.
Change article 29:
Alternate Provisions
Clauses 29.01 and 29.02 do not apply to
employees covered by 29.03 or by
Appendix XX.
Comments:
TC Arbitration Board Brief 87
This proposal is caught by the ERA as Section 24 prohibits any increase to the amount
or rate of any additional remuneration. An increase is considered to be an increase in
the value of the additional remuneration. As this group of employees are presently
entitled to this call-back provision, the Act precludes this increase.
Furthermore, this proposal by the Bargaining Agent is identical to the original proposal
under clause 29.01 which was not referred to arbitration. We do not support the
rationale that this call-back provision be any different from the other call-back
provisions.
The Employer recommends that the board dismiss this new proposal.
APPENDIX D
MEMORANDUM OF AGREEMENT APPLICABLE TO CERTAIN
EMPLOYEES IN THE GENERAL TECHNICAL GROUP,
WORKING ON ROTATING OR IRREGULAR BASIS (COAST GUARD MARINE
SEARCH AND RESCUE (SAR) CONTROLLERS OF THE
RESCUE COORDINATION CENTRES AND MARINE RESCUE SUB-CENTRES
AND HOVERCRAFT PERSONNEL)
Collective Agreement Bargaining Agent Proposal
1. Delete Clause 25.09 except 25.09(c) Delete current article 25.09 and add the
and add as follows: following:
25.09 25.09
For employees who work on a rotating or (a) Where hours of work are scheduled
irregular basis, the normal hours of work of for employees on a rotating or irregular
thirty seven and one-half (37 1/2) hours basis, they shall be averaged so that
per week and seven and employees over a period not exceeding
one-half (7 1/2) hours per day may be sixty three (63) days:
arranged so that employees are
(i) work an average of thirty-seven
scheduled:
decimal five (37.5) hours per
(a) to work an average of week.
TC Arbitration Board Brief 88
thirty-seven and
(ii) work shifts of twelve (12) hours
one-half (37 1/2) hours per
duration (except as may be
week;
otherwise agreed), where a shift
(b) to obtain an average of is defined as the continuous
two (2) days of rest per week. duration of time between the
2. The Employer will make every employee's scheduled start
reasonable effort: time and the scheduled stop
time.
(a) to avoid excessive fluctuations;
(iii) The shift durations in place at
(b) to provide at least
each centre shall not be altered
two (2) consecutive days of rest,
except by mutual agreement
except when days of rest are
between the Employer and the
separated by a designated paid
authorized union representative
holiday that is not worked;
at the regional level.
(c) to consider the wishes of the
(iv) work consecutive shifts of not
majority of the employees
more than four (4) twelve (12)
concerned in the arrangement of
hour shifts.
shifts within a shift schedule;
(b) An employee's days of rest shall be
(d) to provide a meal break during
consecutive and not less than four (4)
the employee’s full shift and,
when working a twelve (12) hour shift
where operational requirements
schedule. The first (1st ) day of rest will
do not permit a meal break, the
start immediately after midnight of the
employee will remain at work
calendar day in which the employee
and eat the meal on the job.
worked, or was scheduled to work,
3. Employees to whom this memorandum his/her last regular shift.
applies shall be subject to clauses 25.10 to
(c) Notwithstanding clauses (a) and (b)
25.13 of this collective agreement.
above, the Employer
(i) may, no more than twice in a
fiscal year, require an employee
to work five (5) twelve (12) hour
TC Arbitration Board Brief 89
shifts;
and
(ii) may, no more than twice in a
fiscal year, schedule three (3)
consecutive days of rest when
working a twelve (12) hour shift
schedule.
(d) Notwithstanding clause (b) above,
the Employer may change days of rest
as specified in sub-clause (c)(ii) above,
as a result of employee-requested
training.
(e) Every reasonable effort shall be
made by the Employer to avoid
excessive fluctuation in hours of work.
Scheduling
(f) The Employer agrees to consult with
the Union representatives in the
establishment of shift schedules.
(g) The Employer agrees that, before a
schedule of working hours is changed,
the change will be discussed with the
appropriate representative of the Union,
if the change will affect a majority of the
employees governed by the schedule.
(h) Provided sufficient advance notice
is given and with the approval of the
Employer, employees may exchange
shifts if there is no increase in cost to
the Employer. Once an exchange of
TC Arbitration Board Brief 90
shifts has been approved, it will be the
responsibility of the employees
involved to report for duty in
accordance with the approved
exchange
(i) An employee's shift schedule shall
cover a period of at least sixty-three
(63) days and shall be posted thirty (30)
days in advance of its starting date.
Every reasonable effort will be made by
the Employer to minimize changes to
an employee's days of rest. If an
employee is given less than fifteen (15)
days' advance notice of a change in
his/her shift schedule, s/he will receive
a premium rate of time and one-half (1
1/2) for work performed on the first shift
changed. Subsequent shifts worked on
the new schedule shall be paid for at
the hourly rate of pay. Such employee
shall retain his/her previously
scheduled days of rest next following
the change or if worked, such days of
rest shall be compensated in
accordance with the overtime
provisions of this Agreement.
Rest Periods -Operating Employees
(j) Where operational requirements
permit, the Employer will provide
operating employees with meal and
relief breaks. Where operational
TC Arbitration Board Brief 91
requirements do not permit a meal
break, the employee will remain at work
and eat the meal on the job.
Other
(k) Employees to whom this
memorandum applies shall be subject
to clauses 25.10 to 25.13 of this
collective agreement.
Comments:
The Employer submits that the current language is satisfactory. The Bargaining Agent
has not provided sufficient justification for the significant changes being proposed. The
current appendix meets operational needs.
The Employer’s position is to renew the appendix with no amendments.
APPENDIX M
HOURS OF WORK FOR EMPLOYEES IN THE PRIMARY PRODUCTS
INSPECTION (PI) GROUP
Collective Agreement Employer Proposal
25.05 25.05
(b) Every reasonable effort shall be (b) Every reasonable effort shall be
made by the Employer: made by the Employer:
(iv) to arrange shifts over a (iv) to arrange shifts over a
period of time not exceeding period of time not exceeding
two (2) months and to post two (2) months and to post
schedules at least schedules at least forty-
seven (7) days in advance of eight (48) hours
the starting date of the new seven (7) days in advance of
schedule. the starting date of the new
TC Arbitration Board Brief 92
schedule.
25.10 If an employee is given less than 25.10 If an employee is given less than
seven (7) days’ advance notice of a forty-eight (48) hours seven (7) days’
change in that employee’s shift schedule, advance notice of a change in that
the employee will receive a premium rate employee’s shift schedule, the employee
of time and one-half (1 1/2) for work will receive a premium rate of time and
performed on the first (1st) shift changed. one-half (1 1/2) for work performed on the
Subsequent shifts worked on the new first (1st) shift changed. Subsequent shifts
schedule shall be paid for at straight time. worked on the new schedule shall be paid
for at straight time.
Comments:
This Employer proposal is in conjunction with another Employer proposal at clause
25.08 – Hours of Work.
TC Arbitration Board Brief 93
APPENDICES
TC Arbitration Board Brief 94
APPENDICES
A Policy Framework for the Management of Compensation
B Expenditure Restraint Act
C TC Group Definition
D Payroll / Department / Geographic Data
E Distribution of Employees by Age and Gender
F Distribution of Employees by Years of Service and Gender
G Deloitte TC Compensation Study
