SUBJECT : DEFINITION OF A DAY (John B. King case reference 2001 PSSRB 117)

Sisters and brothers, at the March 2002 Presidents’ Conference, the question regarding the definition of a day versus personal leave, article 54.02 of the Collective Agreement, was raised. The following information is to ensure that every member has the same understanding or interpretation:

The Public Service Staff Relations Board decision concerns clause 43, Leave for family-related responsibilities, of the collective agreement. The Board grants 42.85 hours of leave for family-related responsibilities, which equals five (5) of Mr. King’s 8.57 hour days based on his variable shift schedule arrangements (VSSA clause 25.23).

Therefore, wherever leave is dealt with in the collective agreement, if a day is not defined as 7.50 hours, leave should be granted according to the variable shift / compressed schedule arrangements for the person requesting the leave (sections 43, 45, 53, 54.02 and 54.03).

You should be aware, however, that the employer is contesting this decision, and also tried to negotiate a new clause that your negotiating team rejected, despite the employer’s continued insistence. The employer even let it be understood that this could affect variable shift schedule arrangements. We believe that threats are futile, as we know that CCRA employees like these schedules and that the employer should recognize this.

The Collective Agreement was ratified. Therefore, if a member requests leave under section 54.02 and is not granted this leave based on his or her work schedule, the member should grieve the employer’s decision.

In Solidarity,

Denis Lalancette
Second National Vice-President