EB Group: Ratification kit

On January 21, 2017, after two-and-a-half years of negotiations, our EB bargaining team finally reached a tentative agreement with Treasury Board. Our bargaining team unanimously recommends ratification of our new agreement.

If ratified, the settlement will improve our members’ working conditions in several ways. These improvements are the product of the hard work and dedication of both our team and the membership over the course of this round of bargaining.

You can access the full tentative agreement in PDF format.

Highlights of our tentative agreement

Economic Increases

The tentative agreement contains significant improvements to monetary compensation for members. This includes general wage increases and market adjustment for certain occupations. (see details below).

The total compensation for all EB members amounts to a minimum increase of five (5%) percent over the four years of the collective agreement, plus a $650 signing bonus for those members employed in the EB bargaining unit at the date of signing of the new agreement.

  • Effective July 1, 2014: 1.25%
  • Effective July 1, 2015: 1.25%
  • Effective July 1, 2016: 1.25%
  • Effective July 1, 2017: 1.25%
  • $650 Signing bonus

Effective July 1, 2016, market adjustment based on comparators on all rates of pay:

  • ED-EST 12 month – 4%
  • ED-EST 10 month – 3%
  • LS – 3 %
  • EU – 0.5%
  • ED-EDS – 0.5%
  • ED-LAT – 0.5

Sick Leave

  • The sick leave provisions (Article 19) of our collective agreement will remain unchanged.
  • The parties have negotiated a memorandum of agreement to establish a task force to develop recommendations on measures to improve employee wellness and reintegration into the workplace of employees who have been on sick leave.
  • Any future enhancements to the sick leave regime would need to be negotiated and agreed to by both parties. PSAC’s four principles are included in the MOA: sick leave provisions will be contained in the collective agreement, will provide for wage replacement, will protect and grandparent sick leave banks, and will not be administered by a third-party provider. Any enhanced sick leave regime shall contain, at minimum, these four principles.

Workforce Adjustment Appendix

  • What we achieved represents the most significant improvements in workforce adjustment since it was first signed as an appendix into PSAC collective agreements in 1998.
  • Changes will reduce involuntary layoffs by allowing volunteers to come forward to leave the public service during times of workforce adjustment.
  • Employees will now have up to fifteen months to find an alternation match.
  • More union involvement, ensuring employees have the right to union representation during the process.
  • Limits to contracting out.
  • Improvements to the monetary provisions, including the education allowance, the counselling allowance, and the transition support measure.

Detailed Summary of the tentative agreement reached on January 21, 2017.

ARTICLE 2 – DEFINITION OF FAMILY

Inclusion of step-brother, step-sister, foster child, daughter-in-law and son-in-law.

ARTICLE 14 – LEAVE WITH OR WITHOUT PAY FOR ALLIANCE BUSINESS

Clause 14.09: Operational requirements are no longer a consideration when employees are required to take leave for negotiations.

NEW – Clause 14.14: Effective January 1, 2018, when employees are on leave without pay for Union business for clause 14.02 (representations at the labour board for a certification or intervention); clause 14.09 (negotiations); clause 14.10 (preparation for negotiations); clause 14.12 (Board of Directors meetings, Executive Board meetings or conventions) and clause 14.13 (training courses for employee representatives), they will not experience an interruption of pay. The employer will pay them as usual and invoice the Alliance for the salary and benefits.

ARTICLE 16 – NO DISCRIMINATION

Addition of gender identity and expression in list of prohibited grounds for discrimination.

ARTICLE 19 – SICK LEAVE

The sick leave provisions of our collective agreement will remain unchanged.

ARTICLE 20 – VACATION LEAVE WITH PAY

Members who leave the public service and then return shall have their prior service count for the calculation of vacation accrual. This gives all members the same rights as former members of the Canadian Forces, who have had their prior service in the CF recognized for vacation accrual since April 2012. Recognition of Canadian Forces service for vacation accrual has been moved from an MOU into the collective agreement.

ARTICLE 22 – CLAUSE - 22.01 - VOLUNTEER LEAVE

Flexibility to break volunteer leave into two periods.

ARTICLE 22 – CLAUSE- 22.02 - BEREAVEMENT LEAVE WITH PAY

Bereavement leave was formerly for seven consecutive calendar days. Now an employee can split it into two periods so that they can access some days at the time of death and other days at a later period (but within 12 months) for the purpose of attending a memorial or ceremony.

In addition, daughter-in-law, son-in-law and a person who stands in the place of a relative whether or not there is any degree of consanguinity have been added to the definition of family for which the Employee can take the seven calendar days, and grandparents of spouse have been added the definition of family for which the employee can take one day of bereavement leave.

ARTICLE 22 – CLAUSE – 22.04 - MATERNITY LEAVE WITHOUT PAY

Update of language to take into account new legislation reducing the waiting period for employment insurance to one week from two weeks.

ARTICLE 22 – CLAUSE – 22.07 - PARENTAL LEAVE WITHOUT PAY

Update of language to take into account new legislation reducing the waiting period for employment insurance to one week from two weeks.

ARTICLE 22 – CLAUSE 22.09 – LEAVE WITHOUT PAY FOR THE CARE OF FAMILY

Expansion of definition of family to include “a person who stands in the place of a relative whether or not there is any degree of consanguinity”.

ARTICLE 22 – CLAUSE 22.13 - LEAVE WITH PAY FOR FAMILY RELATED RESPONSIBILITIES

Expansion of definition of family for whom an employee can access family-related leave to include ward of the employee, grandchild, father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents of the employee, any relative for who the employee has a duty of care and a person who stands in the place of a relative whether or not there is any degree of consanguinity.

Clause d. – there is no longer a cap of 7.5 hours for the employee to use FRRL to attend school functions, or to provide for their child in case of an unforeseen closure of the school or day care facility.

ARTICLE 22 – CLAUSE - 22.17 -  LEAVE WITH OR WITHOUT PAY FOR OTHER REASONS

Ability to split personal leave into two separate periods.

NEW ARTICLE 25 – CORRECTIONAL SERVICE SPECIFIC DUTY ALLOWANCE

The Penological Factor Allowance (PFA) has been changed to the new Correctional Service Specific Duty Allowance. The new allowance has been increased to $2,000 annually for all.

Previously employees in maximum security institutions were already receiving $2,000. However, those in medium institutions were getting $1,000 and those in minimums were only receiving $600. 

ARTICLE 66DURATION

The new agreement, if ratified by the membership, will expire on June 30, 2018.

NEW ARTICLE XX – REIMBURSEMENT OF TEACHER EXPENSES

Teachers within Indigenous and Northern Affairs Canada (INAC), working within First Nation communities will be reimbursed cost incurred up to $500 per year when the school premises are not accessible in the evening and/or weekend.

APPENDIX B – WORKFORCE ADJUSTMENT

Voluntary program and alternation

The two most significant gains made are ones that significantly decrease the likelihood of involuntary layoffs, by allowing volunteers to come forward to leave the public service during times of workforce adjustment.

The voluntary program language (a new clause) has the following features:

  • Departments and organizations are obligated to use a voluntary program in all cases where there are five or more affected employees at the same group and level in the same work unit.
  • The voluntary program must be the subject of meaningful consultation between the department and the union.
  • The program can only take place after affected letters have been delivered to employees.
  • The program needs to take place before the department engages in a SERLO process. In many cases we are hoping that the program will avoid all use of the SERLO process.
  • Volunteers need to be given a minimum of thirty days to decide if they wish to participate. This time is needed so they can carefully consider their options.
  • Volunteers will have access to options B, Ci or Cii under section 6.3 of the appendix.
  • Finally, if the number of volunteers is larger than the required number of positions to be eliminated, seniority will be used to determine who is entitled to leave.

Alternation

In the past, only opting employees were allowed to alternate. Because WFA processes don’t all happen at the same time, the 120-day limit made it hard for members to find an alternate. Under the new agreement:

  • Both opting AND surplus (option A) employees will be eligible to alternate. This means that employees now have up fifteen months to find an alternate.
  • The employer will have an increased obligation to ensure that affected employees understand how alternation takes place.
  • For alternations taking place during the surplus period, the transition support measure available to the alternate will be reduced by one week for each week of surplus period already used.

The union’s role in WFA situations

  • In clause 1.1.3, we have achieved agreement that departmental WFA committees are to be joint union-management committees.
  • In clause 1.1.34, we reinforced the employer’s obligation to ensure that employees have the right to be represented by the union in the application of the WFAA.
  • We achieved several improvements to the notice provisions of the WFAA. The current WFAA focused on notice when employees are made affected. The new notice provisions require the union to receive copies of official notices at several other critical stages of the process, including advance notice of layoff.

Improved limits on contracting out in WFAA situations

We have expanded the scope of clause 1.1.27, which currently states that departments are, where practicable, to refrain from re-engaging the use of consultants, contractors, temporary help agencies, and non-indeterminate staff, if doing so will allow the appointment of surplus or laid-off persons. The new clause will also require departments to review their use of contracted-out services, which is a significant expansion beyond consultants and contractors.

The new clause also limits departments from engaging or re-engaging contractors or consultants or contracted-out services.

Monetary improvements

  • The transition support measure will now be calculated on the basis of an employee’s total years of service, both continuous and discontinuous, across the entire public service.
  • The transition support measure can now be split into two amounts, payable over two years, which provides for improved tax treatment.
  • The education allowance increases from the current $10,000 to $15,000.
  • The education allowance can now be used for any “relevant” equipment related to the education course (the old language restricted use to “mandatory” equipment).
  • The allowance for financial or career counselling services available to opting employees has been increased from the current $600 to $1,000.

APPENDIX H – JOINT LEARNING PROGRAM

Funding for the Program will be increased to $330,000 per month from previous monthly amount of $292,000. A joint study on health and safety will be funded at $50,000.

APPENDIX J – MOU ON ED-EST 12 MONTH PAY STUDY

Deletion. Please refer to the new Memorandum of Understanding (MOU) on joint committee for ED-EST 12 month teachers.

APPENDIX L – MOU ON THE IMPLEMENTATION OF APPENDIX J

Deletion. Please refer to the new Memorandum of Understanding (MOU) on joint committee for ED-EST 12 month teachers.

APPENDIX M – TRANSITIONAL MARKET ALLOWANCE FOR ED-EST 12 MONTH

Deletion. Effective July 1, 2016, the annual allowance of $2,400 of the ED-EST 12 month eachers will be added to the wages.

NEW APPENDIX – UNION LEAVE

The parties have agreed to a memorandum of understanding to establish a joint committee to implement a system of cost recovery for leave for union business.

NEW APPENDIX – MENTAL HEALTH

The parties agreed in 2015 to a memorandum of understanding to establish a joint task force to improve mental health in the workplace, and work on this effort began immediately. Please visit PSAC's national website for a review of the important work being done by this joint committee.

NEW APPENDIX – CHILDCARE

The parties have agreed to a memorandum of understanding to undertake a joint study on childcare needs of employees.

NEW APPENDIX – MOU FOR ED-EST 12 MONTH TEACHERS

A new Memorandum of Understanding (MOU) has been agreed upon to create a joint committee in order to conduct an analysis and research to establish national rates of pay for the ED-EST 12 month teachers. The work of the committee is to be completed by June 30, 2018.

Your bargaining team comprising:

Kwasi Amenu-Tekaa
Terry-Lynn Brant
Michael Freeman
Danielle Moffet
Julie Chiasson - PSAC Research Officer
Holmann Richard - PSAC Negotiator

Unanimously recommend this tentative agreement.

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Employers: 

February 14, 2017
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