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PART 5 - PAY AND DURATION

ARTICLE 49
PAY ADMINISTRATION

49.01 Except as provided in this article, the terms and conditions governing the application of pay to employees are not affected by this agreement.

49.02 An employee is entitled to be paid for services rendered at:

1. The pay specified in Appendix "A", for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee's certificate of appointment;
   or
2. The pay specified in Appendix "A", for the classification prescribed in the employee's certificate of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

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49.03

1. The rates of pay set forth in Appendix "A" shall become effective on the dates specified.
2. Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this collective agreement, the following shall apply:
   1. "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefor;
   2. a retroactive upward revision in rates of pay shall apply to employees, former employees, or, in the case of death, the estates of former employees who were employees in the group during the retroactive period;
   3. for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is immediately below the rate of pay being received prior to the revision;
   4. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, in effect on June 1, 2003, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay immediately below the rate of pay being received prior to the revision;
   5. no payment or no notification shall be made pursuant to paragraph 49.03(b) for one dollar ($1) or less.

49.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first and the resulting rate shall be revised in accordance with the pay revision.

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49.05 This article is subject to the Memorandum of Understanding signed by the Employer and previous Union dated February 9, 1982 in respect of red-circled employees.

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49.06 If, during the term of this collective agreement, a new classification standard for a group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Union the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

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49.07 When an employee is required by the Employer to substantially perform the duties of a higher classification level in an acting capacity and performs those duties for at least eight (8) hours of work, the employee shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts.

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49.08 When the regular pay day for an employee falls on his or her day of rest, every effort must be made to issue his or her cheque on his or her last working day, provided it is available at his or her regular place of work and has been verified.

ARTICLE 50
AGREEMENT RE-OPENER CLAUSE

50.01 This Agreement may be amended by mutual consent.

ARTICLE 51
DURATION

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51.01 This collective agreement shall expire on May 31, 2010.

51.02 Unless otherwise expressly stipulated, the provisions of this agreement shall become effective on the date it is signed.

SIGNED AT MONTREAL, this 26^th day of the month of June 2006.

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