GENERAL
- This Memorandum of Understanding cancels and replaces the Memorandum of
Understanding entered into between the Treasury Board and the Public Service
of Alliance of Canada on June 9, 1978.
- 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 Public Service Alliance 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 9th day of the month of February 1982.
THE TREASURY BOARD
OF
CANADA |
THE PUBLIC SERVICE ALLIANCE
OF
CANADA |
Gay Reardon
Sandra H.K. Budd
|
A.V. Manion
N. Dubé
|
Memorandum of Amendment
SALARY PROTECTION PLAN
This Memorandum of Amendment revises the Memorandum of Understanding entered
into between the Treasury Board and the Public Service Alliance of Canada on
February 9, 1982, dealing with a Salary Protection Plan. These revisions 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 PUBLIC SERVICE ALLIANCE
OF
CANADA |
T. McShane
D. Fowler
|
D. Bean
N. Dubé
|
|