GENERAL
- This Memorandum of Understanding sets out conditions of
employment respecting pay upon reclassification for all employees
whose bargaining agent is the Professional Institute of the
Public Service of Canada.
- This Memorandum of Understanding shall remain in effect until
amended or cancelled by mutual consent of the parties.
- This Memorandum of Understanding supersedes the Regulations
respecting Pay on Reclassification or Conversion where the
Regulations are inconsistent with the Memorandum of
Understanding.
- Where the provisions of any collective agreement differ from
those set out in the Memorandum of Understanding, the conditions
set out in the Memorandum of Understanding shall prevail.
- This Memorandum of Understanding will form part of all
collective agreements to which the Professional Institute of the
Public Service of Canada and Treasury Board are parties, with
effect from December 13, 1981.
PART I
Part I of this Memorandum of Understanding shall apply to the
incumbents of positions which will be reclassified to a group
and/or level having a lower attainable maximum rate of pay after
the date this Memorandum of Understanding becomes effective.
NOTE: The term "attainable maximum rate of pay" means
the rate attainable for fully satisfactory performance in the
case of levels covered by a performance pay plan or the maximum
salary rate in the case of all other groups and levels.
- Prior to a position being reclassified to a group and/or
level having a lower attainable maximum rate of pay, the
incumbent shall be notified in writing.
- Downward reclassification notwithstanding, an encumbered
position shall be deemed to have retained for all purposes the
former group and level. In respect to the pay of the incumbent,
this may be cited as Salary Protection Status and subject to
Section 3(b) below shall apply until the position is vacated or
the attainable maximum of the reclassified level, as revised from
time to time, becomes greater than that applicable, as revised
from time to time, to the former classification level.
Determination of the attainable maxima rates of pay shall be in
accordance with the Retroactive Remuneration Regulations.
- (a) The Employer will make a reasonable effort to transfer
the incumbent to a position having a level equivalent to that of
the former group and/or level of the position.
(b) In the event that an incumbent declines an offer of
transfer to a position as in (a) above in the same geographic
area, without good and sufficient reason, that incumbent shall be
immediately paid at the rate of pay for the reclassified
position.
- Employees subject to Section 3, will be considered to have
transferred (as defined in the Public Service Terms and
Conditions of Employment Regulations) for the purpose of
determining increment dates and rates of pay.
PART II
Part II of the Memorandum of Understanding shall apply to
incumbents of positions who are in holding rates of pay on the
date this Memorandum of Understanding becomes effective.
- An employee whose position has been downgraded prior to the
implementation of this memorandum and is being paid at a holding
rate of pay on the effective date of an economic increase and
continues to be paid at that rate on the date immediately prior
to the effective date of a further economic increase, shall
receive a lump sum payment equal to 100% of the economic increase
for the employee's former group and level (or where a performance
pay plan applied to the incumbent, the adjustment to the
attainable maximum rate of pay) calculated on his annual rate of
pay.
- An employee who is paid at a holding rate on the effective
date of an economic increase, but who is removed from that
holding rate prior to the effective date of a further economic
increase by an amount less than he would have received by the
application of paragraph 1 of Part II, shall receive a lump sum
payment equal to the difference between the amount equal to the
difference between the amount calculated by the application of
paragraph 1 of Part II and any increase in pay resulting from his
removal from the holding rate.
SIGNED AT OTTAWA, this 21st day of the month of July 1982.
THE TREASURY BOARD
OF
CANADA
|
THE PROFESSIONAL INSTITUTE
OF THE PUBLIC SERVICE
OF CANADA
|
D. Fowler
|
J. Donegani
Kastner
|
Memorandum of Amendment
SALARY PROTECTION PLAN
This Memorandum of Amendment revises the Memorandum of
Understanding entered into between the Treasury Board and the
Professional Institute of the Public Service of Canada on July
21, 1982, dealing with a Salary Protection Plan. This revision
shall have effect retroactively to December 13, 1981.
The amendment to the English language document is the deletion
of the duplicate wording contained in Part II, item 2, line
5:
"... equal to the difference between the amount ..."
The amendment to the French language document is contained in
Part I, item 2, line 6:
"... devienne vacant ou jusqu'à ce que le taux maximal
accessible du nouveau niveau de classification, révisé de temps à
autre, dépasse celui applicable de l'ancien niveau".
SIGNED AT OTTAWA, this 26th day of the month of April
1983.
THE TREASURY BOARD
OF
CANADA
|
THE PROFESSIONAL INSTITUTE OF
THE PUBLIC SERVICE OF
CANADA
|
(name illegible)
D. Fowler
|
K. Phythianne
|
|