34.16 If it turns out that the nature of the complaint is such that a decision cannot be taken below a certain level of authority, some or all levels, with the exception of the definitive level, may be eliminated with the agreement of the employer and the worker and, where appropriate, the Institute. Notwithstanding the employment security article of the collective agreement, in the event of a conflict between this Annex for the adaptation of the workforce and this Article, this Annex shall give priority to the adaptation of the workforce. This Annex shall be considered as part of the collective agreement between the parties and the workers. In marketing cases where tenders will be part of the process, the members of the JOINT COMMITTEE OF THE CEF/ASD shall make all reasonable efforts to reach agreement on the criteria relating to personnel matters (e.g. Working conditions, pension and health benefits, the number of employees to be used in the tendering procedure (RFP). The committee will respect the contractual rules of the federal government. 7.9.1 Notwithstanding the leave provisions of the worker`s collective agreement, a worker who accepts an offer of employment under that Part may choose not to be paid for leave credits earned but not used, provided that the new employer accepts such credits. 4. A worker may not make an individual complaint concerning the interpretation or application of a provision of a collective agreement or an arbitration award in respect of the worker, unless the worker has the agreement of the Institute and is represented by it. This memorandum expires with the publication of the new enterprise policy instrument or (expiration of the collective agreement), whichever happens first.
The provisions preceded by two asterisks have been amended from the previous collective agreement. Subsection 15.07(d) applies to employees classified as AU and MG-AFS (UA) (as described in Appendix E) who have a separate vacation bank under the collective agreement signed on July 10, 2012. A Memorandum of Understanding (MOA) to support employee well-being (see below) was signed on May 26, 2019 by the Professional Institute of the Public Service of Canada (PIPSC) and the Board of Directors of the Canada Secretariat (TBS). (b) such information shall be communicated to workers by communications published by the employer in places where such communications are most likely to be brought to the attention of the workers subject to the appeal proceedings, or in another manner agreed between the employer and the Institute. (b) after the submission of a complaint and within the time limits of the delegated level of the complaint provided for in this Article, the intention to have recourse to alternative dispute resolution mechanisms may be extended by mutual agreement between the employer and the employee and, where appropriate, the representative of the Institute. (b) the provisions of the collective agreement on severance pay shall be extracted from the collective agreement before the date of transfer to another non-federal public sector employer, 35.02 Topics that may be defined as appropriate for joint consultation shall be defined by mutual agreement between the parties and shall include consultation on professional development. . . .