Collective Agreement between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada regarding the Informatics (IN) Group Bargaining Unit
Part A - General
Article A1 - Purpose of Agreement
A1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Institute and the employees, and to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.
A1.02 The parties to this Agreement share a desire to improve the quality of the Canadian Food Inspection Agency, to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served. Accordingly, the parties are determined to establish within the framework provided by law, an effective working relationship at all levels of the Canadian Food Inspection Agency in which members of the bargaining unit are employed.
Article A2 - Recognition
A2.01 The Employer recognizes the Institute as the exclusive Bargaining Agent for all employees described in the certificate issued by the Public Service Staff Relations Board on December 22, 1999, for employees of the Informatics (IN) Bargaining Unit and classified as CS.
A2.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a Collective Agreement and the Employer and the Institute agree to bargain in good faith, in accordance with the provisions of the Public Service Labour Relations Act.
Article A3 - Application
A3.01 The provisions of this Agreement apply to the Institute, employees and the Employer.
A3.02 In this Agreement, words importing the masculine gender shall include the feminine gender.
Article A4 - Official Texts
A4.01 Both the English and French texts of this Agreement shall be official.
Article A5 - Management Rights
A5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.
Article A6 - Rights of Employees
A6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.
**Article A7 - Interpretation and Definitions
**A7.01 For the purpose of this Agreement:
- "bargaining unit" means the employees of the Employer as described in Article A2-Recognition; (unite de négociation)
- "common-law partner" refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year; (conjoint de fait)
- **"compensatory leave" means leave with pay in lieu of cash payment for overtime, call-back, standby, and travelling time compensated at an overtime rate; (congé compensatoire)
- **"continuous employment" has the same meaning as specified in the Employer's Terms and Conditions of Employment on the date of signing of this agreement; (emploi continu)
- **"daily rate of pay" means an employee's weekly rate of pay divided by five (5); (taux de rémunération journalier)
- **"day of rest" in relation to an employee means a day, other than a designated paid holiday, on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of his or her being on leave; (jour de repos)
- **"designated paid holiday" means the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a holiday in this Agreement; (jour férié désigné payé)
- **"double time" means two (2) times the employee's hourly rate of pay; (tarif double)
- **"employee" means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit; (employé)
- **"Employer" means Her Majesty in right of Canada as represented by the Canadian Food Inspection Agency, and includes any person authorized to exercise the authority of the Canadian Food Inspection Agency; (Employeur)
- **"headquarters area" has the same meaning as given to the expression in the Travel Directive; (zone d'affectation)
- **"hourly rate of pay" means a full-time employee's weekly rate of pay divided by thirty-seven and one-half (37½); (taux de rémunération horaire)
- **"Institute" means the Professional Institute of the Public Service of Canada; (Institut)
- **"lay-off" means the termination of an employee's employment because of lack of work or because of the discontinuance of a function; (mise en disponibilité)
- **"leave" means authorized absence from duty; (congé)
- **"membership dues" means the dues established pursuant to the by-laws and regulations of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy; (cotisations syndicales)
- **"overtime" means work required by the Employer, to be performed by a full-time employee in excess of the employee's daily hours of work; (heures supplémentaires)
- **"time and one-half" means one and one-half (1½) times the employee's hourly rate of pay; (tarif et demi)
- **"weekly rate of pay" means an employee's annual rate of pay divided by fifty-two point one seven six (52.176). (taux de rémunération hebdomadaire)
A7.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,
- if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act, and
- if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
Article A8 - Publications and Authorship
A8.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.
A8.02 The Employer agrees that original articles or professional and technical papers prepared by an employee, within the scope of his or her employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for the publication of original articles or professional and technical papers in professional media. At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.
A8.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.
- The Employer may suggest revisions to a publication and may withhold approval to publish.
- When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee(s).
- Where the Employer wishes to make changes in a publication with which the author does not agree, the employee shall not be credited publicly if the employee so requests.
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