Nav Canada: Ratification Kit

The bargaining committees of the union and the employer have reached a tentative collective agreement on October 25, 2014. 

Both bargaining committees have agreed to unanimously recommend the tentative collective agreement to their principals for acceptance.

The bargaining committees agree that all changes take effect as of the date of ratification of the collective agreement, unless another date is specified.

WAGES, DURATION AND ECONOMIC INCREASES – APPLICABLE TO ALL EMPLOYEES

  • Effective retroactively to January 1, 2014, all rates increase by 1%.
  • Effective retroactively to July 1, 2014, all rates increase by 1%.
  • Employees to have the choice of full retroactivity for the 1% and 1% or a $2,000 pensionable lump sum payment.  You will have to do the math for your own situation, but in virtually every case, the $2,000 payment is much higher than retroactivity.
  • Effective January 1, 2015, all rates increase by 2%.
  • Effective January 1, 2016, all rates increase by 2%.
  • Three year agreement, expiring December 31, 2016.
  • New supervisory differential of 5% for all employees who supervise other employees who are in the same salary band.

CLASSIFICATION

  • Effective retroactively to January 1, 2014, before the application of the economic increases, the ATP classification grid to increase by 2.9%.  The $2,000 lump sum above will be paid in addition to the retro pay for this adjustment. 
  • All employees who are not salary protected to receive this increase. 
  • Employees who are salary protected, but whose current maximum salary is less than their new adjusted salary will no longer be salary protected since the new rate is higher than their old rate. 
  • Approximately 20% of the bargaining unit will come out of salary protection after this increase.
  • PSAC’s judicial review shall continue for the portion of the decision between July 1, 2011 and Dec. 31, 1013, which the Union believes violates pay equity principles. 

PENSION PLAN

Following the recent changes to the pension plan for all other bargaining units at NAV Canada, we agreed to follow the same pattern at NAV Canada.  Specifically:

  • There will be no changes for members who are currently employed for accrued benefits and virtually no change for current members’ benefits to be earned going forward.
    • The only change for current members would be seen in the event that a member terminates employment before retirement.  In that event, for only the service going forward, benefits would not be indexed to inflation between the date of termination and when retirement begins.  Indexation of the full pension for all service will restart when retirement begins. 
  • Employees hired in the month following the date of ratification shall be enrolled in the new Plan B, which provides a defined benefit of 1.1% per year of service.  The employer shall pay the full cost of contributions of this plan, members are not required to contribute.
  • All new ongoing employees who are on Plan B shall be given a lump sum of $2,000 following the completion of their probationary period.
  • All bargaining agents to talk with OSFI about the pension valuation. A wage re-opener shall occur in the event that changes are made and approved by OSFI. 

LEAVES

  • Travel premium improvement – half an hour of leave for every night away up to 50 nights in one year, and one hour of leave for every night after that.
  • Improved definition of family for bereavement leave – inclusion of common law spouse and step-siblings for the 5-day leave, and aunt and uncle for the 1 day leave.
  • MOU which would allow the possibility for members to have their days of work for a compressed work week averaged over a longer period of time.

OTHER HIGHLIGHTS

  • Changes to Overtime, standby and call back – all call backs under any circumstance now payable at the higher rate of 3 hours at the applicable overtime rate.  All call backs done by phone or email are payable at the rate of one and one half hours of straight time.
  • Hours of work may now be requested by employees in head office between the hours of 7:00 AM and 7:00 PM.
  • Members on most types of Union leave shall now have their pay continued by the employer, who will bill the Union so members’ pay will not be disrupted for Union activity.
  • New expressions of interest for jobs that are not subject to the staffing process.  Local presidents will be notified of these jobs before they are filled for better transparency.
  • MOU for members doing routine maintenance in the construction and facilities services.  Provides for better flexibility in hours of work for members and the ability to do scheduled work remotely where feasible.
  • New telecommuting article, providing superior rights.
  • $7,000 to be provided annually for PSAC Social Justice Fund.
  • Deletion of MOU #4 on direct deposit – it was no longer applicable.
  • Overtime meal allowance now to take account of dietary requirements.

Your bargaining team consisting of:

Mike McCullough, Negotiating Team Member
Michelle Timmerman, Negotiating Team Member
Chris Warning, Negotiating Team Member
Michelle Webster, Negotiating Team Member
Dave Clark, UCTE RVP, Pacific Region
Seth Sazant, PSAC Negotiator
David-Alexandre Leblanc, PSAC Senior Research Officer

unanimously recommends acceptance of this agreement.

In Solidarity,

Bob Jackson
Regional Executive Vice-President – BC Region

Classification and Salary Grids

The following grid shall be implemented on January 1, 2014. 

Classification Adjustment

     

 

Step1

Step2

Step3

Step4

Step5

1

$32,632

$34,672

$36,711

$38,751

$40,790

2

$36,310

$38,580

$40,849

$43,119

$45,388

3

$40,806

$43,357

$45,907

$48,458

$51,008

4

$46,255

$49,146

$52,037

$54,928

$57,819

5

$53,067

$56,383

$59,700

$63,017

$66,333

6

$61,376

$65,212

$69,048

$72,884

$76,720

7

$71,593

$76,067

$80,542

$85,016

$89,491

8

$84,262

$89,528

$94,795

$100,061

$105,328

If you are not salary protected, you will stay on the same step and keep your anniversary date for moving up the grid.  The classification increase is retroactive to January 1, 2014. 

If you are salary protected, check your level to see if the maximum of the new grid above is higher than your current maximum.  If the new rate is higher than your current maximum, you are no longer salary protected since your new ATP grid is higher and will move in line with the grid going forward.

If you are salary protected and your salary is still higher than the new maximum for your band in the grid above, you will continue to receive the economic increases on your salary as you have been.  You will receive your choice of the pensionable lump sum of $2,000 or the 1% and 1% for 2014, and you will also receive the 2% increases in both 2015 and 2016. 

The following grids show the actual rates of pay with the economic increases included:

January 1, 2014: 1% Increase

     

 

Step1

Step2

Step3

Step4

Step5

1

$32,958

$35,019

$37,078

$39,139

$41,198

2

$36,673

$38,966

$41,257

$43,550

$45,842

3

$41,214

$43,791

$46,366

$48,943

$51,518

4

$46,718

$49,637

$52,557

$55,477

$58,397

5

$53,598

$56,947

$60,297

$63,647

$66,996

6

$61,990

$65,864

$69,738

$73,613

$77,487

7

$72,309

$76,828

$81,347

$85,866

$90,386

8

$85,105

$90,423

$95,743

$101,062

$106,381

           

 

July 1, 2014: 1% Increase

     

 

Step1

Step2

Step3

Step4

Step5

1

$33,288

$35,369

$37,449

$39,530

$41,610

2

$37,040

$39,355

$41,670

$43,986

$46,300

3

$41,626

$44,228

$46,830

$49,432

$52,033

4

$47,185

$50,134

$53,083

$56,032

$58,981

5

$54,134

$57,516

$60,900

$64,284

$67,666

6

$62,610

$66,523

$70,436

$74,349

$78,262

7

$73,032

$77,596

$82,161

$86,725

$91,290

8

$85,956

$91,328

$96,700

$102,072

$107,445

           

January 1, 2015: 2% Increase

     

 

Step1

Step2

Step3

Step4

Step5

1

$33,954

$36,076

$38,198

$40,320

$42,442

2

$37,781

$40,143

$42,503

$44,865

$47,226

3

$42,459

$45,113

$47,766

$50,421

$53,074

4

$48,128

$51,137

$54,145

$57,153

$60,161

5

$55,216

$58,667

$62,118

$65,569

$69,020

6

$63,862

$67,853

$71,845

$75,836

$79,827

7

$74,493

$79,148

$83,804

$88,459

$93,116

8

$87,675

$93,154

$98,634

$104,114

$109,594

           

January 1, 2016: 2% Increase

     

 

Step1

Step2

Step3

Step4

Step5

1

$34,633

$36,798

$38,962

$41,127

$43,291

2

$38,536

$40,945

$43,354

$45,763

$48,171

3

$43,308

$46,015

$48,722

$51,429

$54,135

4

$49,091

$52,159

$55,227

$58,296

$61,364

5

$56,321

$59,840

$63,360

$66,881

$70,400

6

$65,139

$69,210

$73,281

$77,353

$81,424

7

$75,983

$80,731

$85,480

$90,229

$94,978

8

$89,428

$95,017

$100,607

$106,196

$111,786

 

Detailed List of Changes to Language

ARTICLE 13: LEAVE WITH OR WITHOUT PAY FOR PSAC BUSINESS

Contract Negotiation Meetings

13.05   Where operational requirements permit, NAV CANADA will grant leave with pay for up to four (4) employees until the expiry date of the Agreement to attend contract negotiation meetings on behalf of the PSAC. In addition NAV CANADA will grant leave without pay to a reasonable additional number of employees to attend contract negotiation meetings on behalf of the PSAC.

13.13   An employee granted leave under clauses, 13.02c, 13.04, 13.06, 13.09, 13.10, and

13.12 shall continue to receive his/her regular salary for period of leave granted, subject to the PSAC reimbursing NAV CANADA for all associated costs.

ARTICLE 28: OTHER LEAVE WITH OR WITHOUT PAY

28.02   Bereavement Leave With Pay

For the purpose of this clause, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law spouse resident with the employee), child, (including child of spouse), grandchild, or ward of the employee, grandparent, father-in-law, mother-in-law, step-brother, step-sister, and relative(s) permanently residing in the employee's household or with whom the employee permanently resides. 

(a)        When a member of the employee's immediate family dies, an employee shall be entitled to a bereavement period of five (5) consecutive calendar days including the day of the funeral. During such period the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death. 

(b)        An employee is entitled to one (1) day's bereavement leave with pay for the purpose to attend the funeral or interment service related to the death of his or her son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, or spouse’s grandparent.

(c)        If, during a period of paid leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under paragraph (a), or (b) of this clause, the employee shall be granted bereavement leave with pay and his or her compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

(d)        In the event that an employee’s religious beliefs or individual circumstances require observance at times other than immediately before or after the funeral, NAV CANADA may postpone the period of time provided for in this Article (or any part of) to such alternate time(s).

ARTICLE 30: HOURS OF WORK

30.10   (a)        The normal work week shall be thirty-seven and one-half (37 ½) hours exclusive of lunch periods, comprising five (5) days of seven and one-half (7 ½) hours each Monday through Friday. The work day shall be scheduled to fall within an eleven (11) hour period between the hours of 7:00 A.M. and 6:00 P.M., and at NAV CANADA’s head office the work days shall be scheduled to fall within a twelve (12) hour period between the hours of 7:00 a.m. and 7:00 p.m., unless otherwise agreed in consultation between the PSAC and NAV CANADA.

(b)        Subject to operational requirements, as determined from time to time by NAV CANADA, an employee shall have the right to select and request flexible hours between 7:00 AM and 6:00 PM, or at NAV CANADA’s head office, between 7:00 a.m. and 7:00 p.m.

30.13   (c)        Notwithstanding the hours provided for in Article 30.10 of the collective agreement, the PSAC and NAV CANADA agree that at NAV CANADA’s head office the work days shall be scheduled to fall within a twelve (12) hour period between the hours of 7:00 a.m. and 7:00 p.m. unless otherwise agreed in consultation between the PSAC and NAV CANADA. 

ARTICLE 31: OVERTIME

31.03   (a)        If an employee is given instructions before the beginning of the employee's meal break or before the midpoint of the employee's workday whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of two (2) hours' pay at straight-time, whichever is the greater.

(b)        If an employee is given instructions, after the midpoint of the employee’s workday or after the beginning of the employee’s meal break whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee’s work period, he or she shall be paid for the time actually worked, or a minimum of three (3) hours’ pay at straight-time, whichever is the greater.

31.04   Overtime Meal Allowance

(b)        When an employee works overtime continuously extending four (4) hours or more beyond the period provided for in (a) above, the employee shall be reimbursed for one (1) additional meal at the appropriate rate outlined for lunch in the NAV CANADA Travel Program except where free meals are provided.  Free meals shall take into consideration the dietary requirements of the Employee.

ARTICLE 34: TRAVELLING TIME

34.07   Travel Premium

Employees who are in travel status and incur an overnight stay shall receive one-half (1/2) hour of compensatory time off in lieu for each overnight stay up to and including fifty (50) overnights in a vacation year. Employees who are in travel status and incur an overnight stay of more than fifty (50) overnights shall receive one (1) hour of compensatory time off in lieu for each overnight stay in a vacation year.

Employees who are in travel status and incur an overnight stay outside of the headquarters area shall receive seven and one-half (7.5) hours of compensatory time off on the fortieth (40th) overnight stay, and one (1) hour of compensatory time off in lieu for each overnight stay starting on the forty-first (41st) overnight stay in a vacation year.

If the compensatory time off in lieu cannot be liquidated by the end of the vacation year, then payment in cash will be made at the employee’s straight-time rate of pay as of March 31st.

Notwithstanding the above, compensatory leave with pay which is earned within the three (3) month period immediately preceding the end of the twelve month period defined by NAV CANADA may be carried over for a further twelve (12) months after which time any unused leave shall be paid out at the employee’s straight-time rate of pay.

ARTICLE 35: CALL-BACK PAY

The following language will replace the current language in Article 35 Call-Back Pay, Article 36 Standby and Article 37 Reporting Pay, as well as delete language in Article 31.03 Overtime.

STANDBY

35.01   Where NAV CANADA requires an employee to be available on standby during off-duty hours, an employee shall be entitled to a standby payment of one hour's pay at the straight time rate for each eight (8) consecutive hours or portion thereof that he or she is on standby.

35.02   An employee designated by letter or by list for standby duty shall be available during his or her period of standby at a known telephone number and be readily available to return for duty. In designating employees for standby, NAV CANADA will endeavour to provide for the equitable distribution of standby duties.

35.03   No standby payment shall be granted if an employee is unable to report for duty when required. 

35.04   An employee on standby who is required to report to a NAV CANADA workplace shall be paid, in addition to the standby pay, the greater of:

(a)        the applicable overtime rate for the time worked,

or

(b)        the minimum three (3) hours’ pay at the applicable overtime rate

35.05   An employee on standby who is called to work and is not required to return to a NAV CANADA workplace to complete the work will be compensated by one and one-half (1 ½) hours’ pay at the straight time rate. Where the call or the work exceeds one hour, he or she shall be entitled to the compensation in accordance with Article 35.04

CALL-BACK

35.06   If an employee on a general holiday or a day of rest or after he or she has completed his or her work for the day and has left his or her place of work is called back to work and returns to a NAV CANADA workplace he or she shall be entitled to the greater of:

(a)        the equivalent to three (3) hours’ pay at the applicable overtime rate for each call-back;

or

(b)        payment at the applicable overtime rate for time worked, provided that the period worked by the employee is not contiguous to the employee's normal hours of work.

(c)     The minimum payment referred to in 35.06(a) or 35.06(b) above, does not apply to part-time employees. Part-time employees will receive a minimum payment of four (4) hours’ pay at the straight time rate of pay.

35.07   An employee who is called back to work and is not required to return to a NAV CANADA workplace to complete the work will be compensated by one and one-half (1 ½) hours pay at the straight time rate. Where a call or the work at home exceeds one hour, he or she shall be entitled to the compensation in accordance with Article 35.06..

35.08   Other than when required by NAV CANADA 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.

No Pyramiding of Payments

35.09   Payments provided under Article 31 Overtime, Article 24 General Holidays and clause 34.04, 35.05, 35.06 and 35.07 above shall not be pyramided; that is an employee shall not receive more than one compensation for the same service.

ARTICLE 43: Staffing

43.17   Positions Not Subject To Staffing Procedures

(a)        NAV CANADA may, at its discretion, assign employees to fill temporary vacancies normally of less than twelve (12) months’ duration. Vacancies caused by temporary assignments, vacations, absences due to accidents or illness anticipated to be of a duration less than twelve (12) months, or leaves of absence for less than twelve (12) months shall be deemed temporary. The parties may meet at the local level, to develop procedures for filling these vacancies.

(b)        Positions referred to in clause 43.17 and temporary positions required for special projects and urgent temporary needs may be filled at NAV CANADA’s discretion by regular or temporary employees.

(c)        Prior to filling a temporary vacancy with a temporary or term employee, NAV CANADA will notify the Local president of the position or project the temporary or term employee is being placed into and the anticipated length of the appointment. 

NEW 43.18 Expression of Interest

Temporary positions that may be staffed pursuant to article 43.17 may be communicated and offered as an Expression of Interest. In this event, NAV CANADA will notify employees of the temporary position or temporary vacancy, and a copy will be sent to the President of the Local. 

The employee will indicate his/her expression of interest to the Human Resources contact person indicated on the posting and shall accompany a detailed resume or skills inventory. Human Resources and/or the manager shall consider employees’ expressions of interest that correspond to the requirements of the position to be filled. 

ARTICLE 50: DURATION

50.01   This collective agreement shall expire on December 31, 2016

APPENDIX A: WAGES

Classification Adjustment applicable January 1, 2014:

 

Step1

Step2

Step3

Step4

Step5

ATP-1

$32,632

$34,672

$36,711

$38,751

$40,790

ATP-2

$36,310

$38,580

$40,849

$43,119

$45,388

ATP-3

$40,806

$43,357

$45,907

$48,458

$51,008

ATP-4

$46,255

$49,146

$52,037

$54,928

$57,819

ATP-5

$53,067

$56,383

$59,700

$63,017

$66,333

ATP-6

$61,376

$65,212

$69,048

$72,884

$76,720

ATP-7

$71,593

$76,067

$80,542

$85,016

$89,491

ATP-8

$84,262

$89,528

$94,795

$100,061

$105,328

 

Employees who are not salary protected would be paid at the closest to but not less than rate of their band.

The following increases shall be applied to all current salaries after the application of the classification adjustment:

  • January 1, 2014: 1%
  • July 1, 2014: 1%
  • January 1, 2015: 2%
  • January 1, 2016: 2%

Retroactive payments will be made only to current employees as of the date of ratification of the new collective agreement, and former employees who have retired or died, and all employees in the bargaining unit whose employment ceased as a result of being declared surplus during the retroactive period since January 1, 2014. No retroactive payments will be made to former employees who have resigned or who have been terminated between January 1, 2014 and the ratification of a new collective agreement.

Employees entitled to retroactive payments will be given the option to choose between a retroactive payment for the wage increases above or a lump sum pensionable payment of $2,000 for the period of January 1, 2014 to December 31, 2014. In addition to this retroactive payment, employees who are not salary protected or who come out of salary protection as a result of the classification adjustments will also receive a retroactive payment for the Classification Adjustment.

Supervisory Differential

Employees who are supervising employees who are in the same pay band as themselves shall receive a supervisory differential of 5% which will be paid hourly basis.  The supervisory differential will apply to substantive and acting positions. 

NEW: PENSION

Effective the first of the month following ratification, all new employees represented by the Union shall be enrolled in PART B of the NAV CANADA Pension Plan in accordance with Article 2 – Eligibility and Membership.  Schedule A – Form of Participation by Eligible Class and any other relevant articles within the plan document will be amended accordingly.

Effective the first of the month following ratification, a member who terminates from Part A and elects to defer receipt of his pension is entitled to an inflation adjustment as per Section A9.2 with respect to pensionable service accumulated to the day prior to the first of the month following ratification, beyond which no inflation adjustment will apply until commencement of his pension in accordance with eligibility requirements under Section A9.1.  Section A9.3 and any other relevant articles within the plan document will be amended accordingly.

The Union will jointly participate in an OSFI process to request an amendment to Part A to remove CPI protection to pension plan benefits in the event of bankruptcy or plan termination.  That is, in the unlikely event that the pension plan would be terminated in the future, CPI indexing that is currently provided would be replaced by fixed rate indexing to the extent that surplus assets would remain upon final settlement. The Company will continue to fund the Plan on a going concern basis, including CPI indexation, based on all relevant factors, including the guidance provided annually by its independent actuaries. Ongoing indexing of pensions will continue to occur each year as is done currently, subject to the foregoing. Also, the Company will not terminate the pension plan as it applies to this bargaining unit without the agreement of PSAC.

These changes would be subject to such approvals as would be required from The Office of the Superintendent of Financial Institutions of Canada (OSFI).

NEW HIRES

For all new ongoing hires, effective the first of the month following ratification, there shall be a two thousand dollar ($2,000) non-pensionable lump sum payment upon completion of the probationary period. Employees hired on a temporary basis and employees who are re-hired by NAV CANADA and who were prior members of the Pension Plan shall not be entitled to this lump sum payment.

WAGE REOPENER

A wage reopener opportunity shall be triggered in the event that OSFI does approve the proposed change in NAV CANADA’s Part A to remove CPI protection to pension plan benefits in the event of bankruptcy or plan termination. 

NEW: SOCIAL JUSTICE FUND

LOU providing $7,000 per year. 

NEW: TELECOMMUTING

XX.01   Approval for a Telework arrangement shall be on a case by case basis and in consideration of the nature of the work provided by the employee. It is conceded that due to the nature of the work performed by some of the employees covered by this agreement that such an arrangement may not be possible.

XX.02   An employee in a Telework arrangement primarily performs assigned duties in an alternate location separate and distinct from an official workplace of NAV CANADA.

XX.03   In order that they are mutually understood, the terms and conditions of a Telework arrangement shall be agreed in writing by NAV CANADA, the employee and the appropriate Local President.

XX.04   No employee shall be required to participate in a Telework arrangement without their consent.

XX.05   All terms and conditions of a Telework arrangement shall be consistent with the provisions of the Collective Agreement.

XX.06   On provision of thirty (30) working days’ notice in writing, either party shall have the right to terminate a Telework arrangement. 

XX.07   NAV CANADA will endeavour to provide an employee under a Telework arrangement with access to the information that is posted on NAV CANADA’s electronic bulletin board (Intranet) and access to NAV CANADA’s electronic mail system.

XX.08   On an exception basis and where operational requirements permit, an employee may be granted permission to work on an ad hoc basis at an alternate location separate and distinct from an official workplace of NAV CANADA.

LOU #4: Direct Deposit

Delete LOU #4

Letter of Understanding

Subject:  Hours of Work for Construction and Facilities Services

During this round of collective bargaining, the parties engaged into discussion on the Hours of Work applicable to PSAC employees in Construction and Facilities Services. A sub-committee was created to further explore the various options to schedule an employee’s normal hours of work for planned activities, in the hopes of finding a solution that addresses both the needs and interests of the parties, with the understanding that should changes be required to the collective agreement to implement a work schedule, these will be negotiated between PSAC and NAV CANADA.

In the end, the work schedule could be accommodated within the existing language of the collective agreement, as well as the language on Telework that was negotiated and agreed upon during this round of collective bargaining.

Employees in Construction and Facilities Services may request to complete their normal hours within an eleven (11) hour period between the hours of 7:00 A.M. and 6:00 P.M., unless otherwise agreed in consultation between the PSAC and NAV CANADA. In order to accommodate rest schedules according to individual needs, employees may request hours of work which are not contiguous. It is also understood that employees will not be paid overtime until they have worked seven and one-half (7 ½) hours within the eleven (11) hour period between the hours of 7:00 A.M. and 6:00 P.M.. While working on these planned activities, employees may request telework for their scheduled hours of work, and such requests will not be unreasonably denied.

Memorandum of Understanding

Notwithstanding Article 30.10 c) on compressed work weeks, the Union and the Employer agree that subject to the mutual agreement of an employee and the employer, the averaging period for a compressed work week may be extended beyond twenty eight days. 

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November 4, 2014
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