March 13, 2003
Retroactive Rates of Pay
The purpose of this bulletin is to
provide departments with direction to implement the decision issued by the
Public Service Staff Relations Board (PSSRB) regarding the discrimination
complaint made by the Social Science Employees Association (SSEA) and the
Canadian Union of Professional and Technical Employees (CUPTE).
In the Fall of 2001, SSEA and CUPTE filed complaints stating
that the Employer was discriminating against their members when implementing
retroactive rates of pay. While the represented employees of these two
bargaining units had their rates of pay revised using the straight down rule
(Lajoie), the retroactive rates of pay for excluded and unrepresented employees
were implemented by applying the straight down or better treatment. This
practice for excluded and unrepresented employees was discontinued effective
February 28, 2002.
In November 2002, the PSSRB upheld the complaints and ordered
the Employer to revise retroactive rates of pay for these represented employees
in the same manner as for excluded and unrepresented employees.
Though the Employer has filed for judicial review by the Federal
Court of Appeal, the Employer must implement the decision. Departments are
therefore required to review the implementation process for the EC collective
agreement, which was signed June 27, 2001, and the TR collective agreement
signed June 28, 2001.
These two agreements were implemented applying the straight down
rule (Lajoie). Pursuant to the PSSRB decision, it is now necessary to review all
appointments and salary-related benefits (e.g., overtime, extra-duty, leave and
termination payments, pension) for ES, SI and TR employees made during the
retroactive period of each agreement and give the employee the better treatment
of straight down or recalculation. Please note that it may also be necessary to
adjust any subsequent appointments or salary changes.
It should be noted that this decision only applies to these two
collective agreements, EC and TR which were signed during the period
"Lajoie or better" was applied for the unrepresented and excluded
employees. Also, it does not affect the implementation of any other former or
future collective agreements. Should a different method of implementing future
collective agreements be negotiated, departments will be advised at that time.
Departmental Compensation and Staff Relations managers should
direct any questions that they may have to their corporate Compensation or Staff
Relations officials who, if need be, can contact the Pay Administration Section.
Original
signed by
Thomas A. Smith
Director, Pay Administration Section
Labour Relations Division
Human Resources Branch
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