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November 8, 2000

The Treasury Board at its meeting of October 19^th, 2000 by TB 828538 has authorised salary range adjustments for employees in certain excluded and unrepresented groups.

For the Personnel Administration (PE) Group; levels 1-6, and the Organization and Methods (OM) Group; level 1-5, the increase is 2.5 percent over one year retroactive to October 1, 2000, as specified in Annex "A" and "B".

For the Career Assignment Program Group (CA); levels 1-2, the increase is 2.5 percent over one year retroactive to June 22, 2000 as specified in Annex "C".

For the Management Trainee Group (MM); levels 1-3, the increase is 2.5 percent over one year retroactive to June 21, 2000 as specified in Annex "D".

Retroactive Application of Revised Rates of Pay for all Excluded and
Unrepresented Employees Including Executives

The Treasury Board also authorise that, with respect to the retroactive application of revised rates of pay, for all excluded and unrepresented employees (including Executives), who were promoted, transferred, or deployed, or who commenced acting pay during the retroactive period, be paid in accordance with the provisions of the Lajoie decision (Federal Court of Appeal decision 149 N.R.223), except where such treatment provides a lesser benefit than that accruing to the employee following a recalculation of the promotion, transfer, deployment, or acting rate of pay. Examples of how to apply Lajoie or better treatment have been provided in Annex "E".

Public Works and Government Services Canada (PWGSC) has been advised to proceed with the implementation of the revised rates.

Those ranges, which consist of fixed steps will be implemented automatically by PWGSC on the appropriate date. For those levels where only a range minimum and maximum have been provided, it will be necessary to complete a pay transaction for each employee paid within that range.

Questions on the application of these increases should be referred to Sylvia Doucet-Jeffrey 946-3071, Executive and Excluded Groups, Human Resources Branch.

Original signed by

Gary Dingledine
Assistant Secretary
Human Resources Management Division

Attachments

Annex "A"

PE Personnel Administration Group

(Rates of pay not authorized by collective agreement)

PAY NOTES
For employees at the PE-6 level refer to the Salary Administration Policy for Certain Non-Management Category Senior Excluded levels Appendix "A" Section 4.

Annex "A"

4. Salary Range Revision
The salary ranges for each of the affected groups and levels consists of a minimum and a job rate (maximum) with movement through the salary range bases solely on assessed performance. Salary ranges may be adjusted periodically pursuant to a decision of the Treasury Board.

4.1 Salary treatment for "unsatisfactory" performance
Unless otherwise advised, departments will not apply any range revisions to the salary of an employee whose performance is assessed as "unsatisfactory".

4.2 Salary treatment for "satisfactory performance
An employee whose performance is assessed as "satisfactory" will not progress beyond a rate of pay which is 96 percent of the job rate. In the event that an application of the full range adjustment would produce a salary greater than 96 percent of the job rate, an adjustment smaller than the full amount should be given so as to reposition the employee's salary at the appropriate point in the range within a reasonable period of time.

4.3 Employee on leave without pay
An employee who is granted leave without pay for any period remains an employee.

The salary of an employee on such leave should be adjusted from time to time. Normally, adjustments will occur when salary range revisions are approved for the applicable group and level. Unless otherwise specified by the TBS, the employees will be accorded the same treatment as if rated fully satisfactory. However, these employees will not be counted in the total population for purposes of calculating the payroll or the percentage rated above fully satisfactory.

All periods of leave without pay count towards pensionable service and contributions must be made in respect of such leave. Contributions should be based on the salary calculated as indicated.

4.4 Employees receiving acting pay
While in receipt of acting pay, an employee is eligible to receive revisions to the salary range for the acting level.

Employees in receipt of acting pay remain subject to the non-pay terms and conditions of employment governing their substantive level position.

Annex "B"

OM Organization and Methods Group

(Rates of pay not authorized by collective agreement)

Annex "C"

Career Assignment Program Group (CA)

Annual Rates of Pay

From - Effective June 22, 1999
To - Effective June 22, 2000

Annex "D"

MM - Management Trainee Group

Annual rates of pay

A) Effective June 21, 1999
B) Effective June 21, 2000

Annex "D"

Salary Determination Tables (MM)

Numerical code
99 400 MM AIO 00 Table 1: Ab Initio Annual Allowance

Numerical code
31 400 Table 2: Annual rates of pay
A) Effective June 21, 1999
B) Effective June 21, 2000

Notes

(1) An MM-1 employee moves to MM-2 level after 18 months in the program, to the MM-3 level 1^st step after 36 months, to MM-3 2^nd step after 48 and MM-3 3^rd step after 60 months in the MTP program.

(2) The nominal maximum of the MM-3 is equal to that of the CO-2 maximum, but participant's actual salary is limited to the 60th months increment while in the program and the MM-3 group.

Annex "E"

Retroactive Application of Revised Rates of Pay for all Excluded and
Unrepresented Employees Including Executives

Example 1:

PE 5 Appointed AS 6 During the Pay Equity Retroactive Period

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In the Lajoie decision the Federal Court of Appeals ruled that the employer could not downgrade the step of an employee when new rates of pay granting a pay increase were known.

In the example above, the Lajoie decision would give an employee being appointed from a PE 05 to AS 06 a salary of $60,580. In providing for Lajoie or better treatment, in this case, a retroactive recalculation would be applied to provide the employee with a salary of $65,105. The $65,105 is considered to be fair and better treatment than Lajoie provides in this case.

Example 2:

AS 6 Appointed PE 5 During the Pay Equity Retroactive Period

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In this example, under Lajoie the employee would receive a salary of $66,590. The retroactive recalculation would not give an employee who is an AS 06 being appointed to a PE 05 better treatment than Lajoie, since that salary would be $64,241 under the retroactive recalculation.