ARCHIVED - Applied Science and Patent Examination (SP) - Archived

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Appendix "B"

Memorandum of Agreement
Between
the Treasury Board
and
the Professional Institute of the
Public Service of Canada -
Hours of Work

The Employer and the Professional Institute of the Public Service of Canada agree that for those employees to whom the provisions of clause .07 of Article 8 applies, the provisions of the collective agreement which specifies days shall be converted to hours. Where the collective agreement refers to a "day", it shall be converted to seven decimal five (7.5) hours.

For greater certainty, the following provisions shall be administered as provided herein:

Article 2 - Interpretation and Definitions

Clause (c) - "daily rate of pay" - shall not apply.

Articles 9 & 13 - Overtime - Travelling Time

Compensation shall only be applicable on a normal workday for hours in excess of the employee's scheduled daily hours of work.

When an employee is required by the Employer to work overtime on the employee's day of rest, compensation shall be granted as per paragraphs 9.01(b) and 9.01(c).

Article 12 - Designated Paid Holidays

A designated paid holiday shall account for seven decimal five (7.5) hours only.

Article 14 - Leave - General

Effective the date on which clause .06 of Article 8 applies or ceases to apply to an employee, the accrued vacation and sick leave credits shall be converted to days or hours, as applicable.

The Memorandum of Agreement shall be effective from the date of signing of the collective agreement to September 30, 2011.

Signed at Ottawa, this 9th day of the month of July 2009.

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Appendix "C"

Patent Examiners
Letter of Understanding

In recognition of the fact that, in the past some patent examiners have been allowed leave to write the patent agent's examination, it is agreed between the Professional Institute of the Public Service of Canada and the Patent Office, that the Patent Office will grant leave with pay to patent examiners to write the examination under the following conditions, expressly accepted by both sides:

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.
2. The granting of the privilege will be at the discretion of the Patent Office, and subject to operational requirements of the Office.
3. The privilege will not extend to preparatory seminars nor to any fees connected with the examination or seminar.
4. The granting of this privilege shall not be construed in any way as indicating that passing the examination is a necessary or desirable qualification for patent examiners, nor a factor to be considered in staff appraisal or promotion.

Signed at Ottawa, this 9th day of the month of July 2009.

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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

1. In an effort to reduce retention and recruitment problems, the employer will provide an allowance to incumbents of SG-PAT positions for the performance of SG-PAT duties in the Applied Science and Patent Examination.

**

2. The parties agree that SG-PAT employees who perform the duties of positions identified above shall be eligible to receive a "Terminable Allowance" in the following amounts and subject to the following conditions:
   1. Commencing on October 1st, 2007, and ending September 30th, 2011, SG-PAT employees who perform the duties of the positions identified above shall be eligible to receive an allowance to be paid biweekly.
   2. 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 eight eight (260.88).
      

      Terminable Allowance

      	Annual Amount	Daily Amount
      SG-PAT-1	$5,666	$21.72
      SG-PAT-2	$7,582	$29.06
      SG-PAT-3	$8,839	$33.88
      SG-PAT-4	$10,002	$38.34
      SG-PAT-5	$11,691	$44.82
      SG-PAT-6	$12,512	$47.96
      SG-PAT-7	$13,471	$51.64

      
      
   3. The Terminable Allowance specified above does not form part of an employee's salary.
   4. The Terminable Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this Agreement.
   5. Subject to (f) below, the amount of the Terminable Allowance payable is that amount specified in 2(b) for the level prescribed in the certificate of appointment of the employee's substantive position.
   6. When an SG-PAT employee is required by the Employer to perform the duties of a higher classification level in accordance with clause 46.08, the Terminable Allowance payable shall be proportionate to the time at each level.
3. A part-time SG-PAT employee shall be paid the daily amount shown above divided by seven decimal five (7.5), for each hour paid at his hourly rate of pay pursuant to clause 40.03.
4. An employee shall not be entitled to the Allowance for periods he is on leave without pay or under suspension.
5. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject to consultation.
6. This Memorandum of Understanding expires on September 30th, 2011.

Signed at Ottawa, this 9th day of the month of July 2009.

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