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ADMINISTRATIVE SERVICES GROUP On April 29, 2004, your Bargaining Team and representatives of the National Research Council reached agreement on a new collective agreement. The details of the agreement are outlined below. The tentative agreement provides for a two-year contract and will expire on April 30, 2005. It provides for increases of 2.5% and 2.0%. The bargaining team attempted to negotiate increments at each level of the group in order to address the compression issues with the AD Group. We were not successful at this time. The main stumbling block was the fact that the NRC AS rates of pay, at levels 1 – 4 are higher than the public service AS rates. They are also higher than rates at the Canadian Revenue Agency. As well, the state of bargaining in the public service is uncertain at this time. Many public service groups are heading towards a strike situation. Your bargaining team felt that the best course of action at this time was to settle now and see what develops in the public service. Waiting until these other groups settle could mean waiting until the end of the calendar year. The team felt that this was too long and preferred to settle at this time. Other changes to the agreement are outlined below. Your bargaining team was also able to maintain certain benefits that NRC was seeking to change, such as the definition of a day (which would impact employees working a compressed work week when taking volunteer, personal or family related leave) and parental leave and allowance. Changes to these provisions would have represented significant losses for the group. We were able to avoid these. The
Bargaining Team is recommending acceptance of this agreement. They believe that
it is the best deal possible at this time. If a majority of the group accepts
the tentative agreement, the new rates and new provisions will be implemented.
If a majority of the group rejects this agreement, the next step will be
to request the assistance of a mediator. The mediator will attempt to bring the
parties together. If this were unsuccessful, we would seek the establishment of
an Arbitration Board. Once such a
request is made, the RCEA and NRC will each nominate one
member of the Board. These members will then select a chairperson. A hearing
date will be scheduled and both parties will make both written and oral
submissions to the Board. After the hearing, the Board will issue a written
report that will be final and binding on all the parties. The
matters that may be referred to the Board are limited to those issues that were
not resolved at the bargaining table. Both
the RCEA and NRC can put any position that they want before the Board. Neither
party is obligated to put forward the last position taken at either the
bargaining table or mediation. The Board will consider the evidence put before
it and will render a decision. They will consider the pay arguments related to
comparisons of NRC’s AS pay and
other AS groups. They will likely look carefully at the comparison to the Public
Service AS’s. It
is the view of the RCEA that an Arbitration Board is not likely to award pay
increases that will put NRC’s rates further ahead of the Public Service. The
current climate in the Public Service is uncertain and financial constraints are
anticipated. Arbitration Boards are not likely to award large increases. With
this in mind, the Bargaining Team feels that a pay increase that establishes
parity with the Public Service is likely the best deal possible. The Bargaining Team is recommending the acceptance of the tentative agreement. AS
Bargaining Team:
RATIFICATION OF AGREEMENT This package contains information on all the proposed changes to the AS Group collective agreement. Please note that all changes will be effective the date of signing of the new agreement, except for pay increases which will be retroactive to the expiry of the last agreement. Please review the entire package carefully and then complete the enclosed ballot. If you have any questions, please contact any member of the AS Bargaining Team.
OTHER
PROVISIONS: Interpretation and Definitions Throughout the agreement, the definition of “Common Law Spouse” has been changed to “Common-Law Partner”. Part-time Employees The pay increment period for part-time employees will now be the same as for full-time employees. Standards of Discipline There are two new provisions under this article. The first provides for the right of an employee to have a union representative present when discipline is imposed, while the second provides for the right of an employee to have the reasons for disciplinary action provided in writing. Employee Performance
Review and Employee Files The changes provide for the right of an employee to know what is placed on his or her personal file, to attach comments to any review and clarifies that a signature does not represent agreement with the contents of an assessment. Vacation
Leave If NRC cancels or alters a period of vacation leave for which an employee has made deposits or payments, the Council shall reimburse the non-fundable portion of any such payments. Designated Paid Holidays The first and second overtime meal allowances will be increased to $10.50 Sick
Leave Sick leave credits earned but unused by an employee during a previous period of employment at Council shall be restored to an employee whose employment was terminated due to lay-off and who is reappointed within one year. Maternity and Parental Allowance Deletion of the “18 month period” in which the employee must make up the time taken as maternity and parental leave. Now, while the employee must still make up the time, there is no time limit. Note that under this agreement, the make-up period for maternity and parental leave is not consecutive but rather concurrent. An employee who takes, for instance, 52 weeks of maternity and parental leave, must only be back at work for 26 weeks to make up the time. The two periods of 26 weeks can be made up at the same time. Parental Leave without Pay The request for parental leave now must be made 4 weeks in advance of the expected date of leave and not necessarily 4 weeks before the anticipated date of birth or 4 weeks in advance of the date the child is expected to come into the employee’s care. Leave with Pay for Family-Related Responsibilities Deletion of the word “dependent” as it relates to children. Employees will now be able to take this leave regardless of the age of their child. Leave
without Pay for the Long Term Care of a Parent Mother-in-law and Father-in-law have been added to list of family members. Leave
With or Without Pay for Other Reasons The clause will be changed to reflect the fact that periods of illness in excess of 3 months will be counted in the calculation of continuous employment or service, severance pay and vacation leave. Compassionate
Care NRC will provide a letter of understanding to the RCEA indicating that it recognizes that current legislation provides for 6 weeks of leave without pay for compassionate care. It will indicate its understanding that such leave may be granted under Other Leave With or Without Pay and will notify its managers that such leave should not be refused and should be granted expeditiously with no unreasonable delays. (NEW)
Maternity Related Reassignment or Leave If a pregnant or nursing employee feels that her duties may pose a risk to her unborn child or to her baby, she may request that she be reassigned to other duties. If such reassignment is impossible, she will be eligible for leave without pay. Overtime The overtime meal rates have been increased to $10.50 Severance
Pay A new provision of severance pay on rejection on probation has been added. The provision on retirement has been amended to reflect the minimum requirement of a part-time employee under the Public Service Superannuation Act. Acting
Pay The article has been rewritten for purposes of clarity.
It now states: When
an employee is required by the Council to substantially perform the duties of a
higher classification level in an acting capacity and performs those duties for
at least four consecutive working days, the employee shall be paid acting pay
….as if he or she had been appointed to that higher classification level for
the period in which he or she acts. Travelling
The liquidation date for compensatory leave has been changed to the end of
Sept. This brings it into line with
the Overtime article. Workforce
Adjustment Policy When a new Workforce Adjustment Policy is negotiated, it will form part of
the collective agreement. Duration
of Agreement The
Collective Agreement will expire April 30, 2005. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||