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APPENDIX "C"
PATENT EXAMINERS
LETTER OF UNDERSTANDING
**
1. This privilege will be granted to any one examiner, a maximum of twice (2) for each of the four (4) exams, in the employee's career in the Patent Office.
APPENDIX "D"
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TREASURY BOARD
(HEREINAFTER CALLED THE EMPLOYER)
AND
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE
OF CANADA
(HEREINAFTER CALLED THE INSTITUTE)
IN RESPECT OF THE
APPLIED SCIENCE AND PATENT EXAMINATION (SP) UNIT -
ALLOWANCE FOR THE PATENT GROUP
2.
**
(a) Commencing on October 1st, 2005, and ending September 30th, 2007, SG-PAT employees who perform the duties of the positions identified above shall be eligible to receive an allowance to be paid biweekly.
**
(b) The employee shall be paid the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix "A" of the collective agreement. This daily amount is equivalent to the annual amount set out below for each position and level divided by two hundred and sixty decimal eighty-eight (260.88).
APPENDIX "E"
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE TREASURY BOARD
(HEREINAFTER CALLED THE EMPLOYER)
AND
THE PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE
OF CANADA
(HEREINAFTER CALLED THE INSTITUTE)
IN RESPECT OF AN
ALLOWANCE FOR CERTAIN HEALTH CANADA EMPLOYEES IN THE
BIOLOGICAL SCIENCE GROUP
OF THE APPLIED SCIENCE AND PATENT EXAMINATION (SP) BARGAINING UNIT
2.
**
(a) Commencing October 1, 2005 and ending September 30, 2007, BI employees who perform the duties of the specific positions identified above shall be eligible to receive a Human Drugs Clinical Review Allowance in the following applicable annualized amount to be paid biweekly:
**
(b) the employee shall be paid the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix "A" of the collective agreement. This daily amount is equivalent to the annual amount set out below for each position and level divided by two hundred and sixty decimal eighty-eight (260.88);
|
Effective |
Effective |
|||
|
Annual |
Daily |
Annual |
Daily |
|
|
BI-4 |
$14,336 |
$54.95 |
$14,694 |
$56.32 |
|
BI-5 |
$16,384 |
$62.80 |
$16,794 |
$64.37 |
APPENDIX "G"
WORK FORCE ADJUSTMENT
General
Definitions
**
Education Allowance (indemnité d'étude) - is one of the options provided to an indeterminate employee affected by normal work force adjustment for whom the deputy head cannot guarantee a reasonable job offer. The Education Allowance is a cash payment, equivalent to the Transitional Support Measure (see Annex "B"), plus a reimbursement of tuition from a recognised learning institution, book and mandatory equipment costs, up to a maximum of $8,000. The Education Allowance includes a reimbursement of up to $2,000, in addition to the above mentioned $8,000, for reimbursement of tuition, books and mandatory equipment for a postgraduate university program.
Part I
Roles and responsibilities
1.1 Departments
**
1.1.1 Since indeterminate employees who are affected by work force adjustment situations are not themselves responsible for such situations, it is the responsibility of departments to ensure that they are treated equitably and, given every reasonable opportunity to continue their careers as public service employees.
**
1.1.3 Departments shall establish work force adjustment committees, where appropriate, to manage the work force adjustment situations within the department, and they shall notify PIPSC of the responsible officers who will administer this Appendix.
**
1.1.11 Departments shall advise the President of PIPSC and consult with PIPSC representatives as completely as possible regarding any work force adjustment situation as soon as possible after the decision has been made and throughout the process. As soon as the affected employees are identified, the departments will immediately forward the name and location of those employees to PIPSC.
**
1.1.23 For the purposes of the Travel directive, laid-off persons travelling to interviews for possible reappointment to public service are deemed to be "a traveler on government business".
**
1.1.28 Departments shall review the use of private temporary agency personnel, contractors, consultants, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, departments shall not re-engage such temporary agency personnel, contractors, consultants nor renew the employment of such employees referred to above where such action would facilitate the appointment of surplus employees or laid-off persons.
Part II
Official notification
2.1 Department
**
2.1.2 In any work force adjustment situation which is likely to involve ten or more indeterminate employees covered by this Appendix, the department concerned shall notify the Assistant Secretary (or delegate), Labour Relations and Compensation Operations, Treasury Board Secretariat, in confidence, at the earliest possible date and under no circumstances less than four working days before the situation is announced. The department shall send a copy of the advice to the Director General, Recruitment Programs and Priority Administration Directorate, Resourcing and Learning Branch, Public Service Commission.
2.2 Treasury Board Secretariat
**
2.2.1 Upon notification by the department concerned in 2.1.2 above, and under no circumstances less than two working days before the situation is announced, the Assistant Secretary (or delegate), Labour Relations and Compensation Operations, Treasury Board Secretariat shall inform, in writing and in confidence, the President of PIPSC. This information is to include the identity and location of the work unit(s) involved; the expected date of the announcement; the anticipated timing of the situation; and the numbers of employees, by group and level, who will be affected.
Part IV
Retraining
4.2 Surplus employees
4.2.1
**
(b) there are no other available priority persons who qualify for a specific vacant position as referenced in (a) above.
Part VI
Options for employees
6.2 Alternation
**
6.2.6 The opting employee moving into the unaffected position must be, to the degree determined by the Employer, able to meet the requirements of the position, including language requirements. The alternate moving into the opting position must meet the requirements of the position, except if the alternate will not be performing the duties of the position and the alternate will be struck off strength within five days of the alternation.
6.3 Options
6.3.1
(a)
**
(iii) When a surplus employee who has chosen, or who is deemed to have chosen, Option (a) offers to resign before the end of the twelve-month surplus priority period, the deputy head may authorise a lump-sum payment equal to the surplus employee's pay for the substantive position for the balance of the surplus period, up to a maximum of six months. The amount of the lump sum payment for the pay in lieu cannot exceed the maximum of that which he or she would have received had they chosen Option (b), the Transition Support Measure.
**
(c) Education allowance is a Transitional Support Measure (see Option (b) above) plus an amount of not more than $8,000 for reimbursement of receipted expenses of an opting employee for tuition from a learning institution and costs of books and mandatory equipment, and up to an additional $2,000 to the above mentioned $8,000, for reimbursement of receipted expenses of an opting employee for tuition, costs of books and mandatory equipment for a postgraduate university program.
Employees choosing Option (c) could either:
(i) resign from the public service but be considered to be laid-off for severance pay purposes on the date of their departure;
or
(ii) delay their departure date and go on leave without pay for a maximum period of two years, while attending the learning institution. The TSM shall be paid in one or two lump-sum amounts over a maximum two-year period. During this period, employees could continue to be public service benefit plan members and contribute both employer and employee share to the benefits plans and the Public Service Superannuation Plan. At the end of the two-year leave without pay period, unless the employee has found alternate employment in the public service, the employee will be laid off in accordance with the Public Service Employment Act.
6.4 Retention payment
**
6.4.3 An individual who has received a retention payment and, as applicable, is either reappointed, or hired to that portion of the Public Service of Canada specifically in one of the departments or agencies listed in schedule I, IV or V of the Financial Administration Act,or is hired by the new employer within the six months immediately following his or her resignation, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of such re-appointment or hiring, to the end of the original period for which the lump sum was paid.
Part VII
Special provisions regarding alternative delivery initiatives
7.2 General
**
3. Transfer to existing employers
In all other ASD initiatives where an employer-employee relationship already exists the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer.
In the cases of commercialisation and creation of new agencies, consultation opportunities will be given to PIPSC; however, if after meaningful consultation agreements are not possible, the department may still proceed with the transfer.
7.4 Notice of alternative delivery initiatives
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7.4.2 Following written notification, employees must indicate within a period of 60 days their intention to accept the employment offer.
7.8 Reimbursement
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7.8.2 An individual who receives a lump-sum payment pursuant to subsection 7.6.1 and, as applicable, is either reappointed to that portion of the public service of Canada specified from time to time in Schedule I, IV or V of the Financial Administration Act or hired by the new employer, to which the employee's work was transferred, at any point covered by the lump-sum payment, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of the reappointment or hiring to the end of the original period covered by the lump-sum payment.
