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**Appendix U
General
- This Memorandum
of Understanding cancels and replaces the Memorandum of Understanding entered into
between the Treasury Board and the Public Service of Alliance of Canada on June
9, 1978.
- This Memorandum
of Understanding shall remain in effect until amended or cancelled by mutual consent
of the parties.
- This Memorandum
of Understanding supersedes the Regulations respecting Pay on Reclassification or
Conversion where the Regulations are inconsistent with the Memorandum of Understanding.
- Where
the provisions of any collective agreement differ from those set out in the Memorandum
of Understanding, the conditions set out in the Memorandum of Understanding shall
prevail.
- This Memorandum
of Understanding will form part of all collective agreements to which the Public
Service Alliance of Canada and Treasury Board are parties, with effect from December
13, 1981.
Part I
Part I of this Memorandum of Understanding shall apply to the
incumbents of positions which will be reclassified to a group and/or level having
a lower attainable maximum rate of pay after the date this Memorandum of Understanding
becomes effective.
Note: The term "attainable
maximum rate of pay" means the rate attainable for fully satisfactory performance
in the case of levels covered by a performance pay plan or the maximum salary rate
in the case of all other groups and levels.
- Prior
to a position being reclassified to a group and/or level having a lower attainable
maximum rate of pay, the incumbent shall be notified in writing.
- Downward
reclassification notwithstanding, an encumbered position shall be deemed to have
retained for all purposes the former group and level. In respect to the pay of the
incumbent, this may be cited as Salary Protection Status and subject to section
3(b) below shall apply until the position is vacated or the attainable maximum of
the reclassified level, as revised from time to time, becomes greater than that
applicable, as revised from time to time, to the former classification level. Determination
of the attainable maxima rates of pay shall be in accordance with the Retroactive
Remuneration Regulations.
-
- The Employer will make a reasonable effort to
transfer the incumbent to a position having a level equivalent to that of the former
group and/or level of the position.
- In the event that an incumbent declines an offer
of transfer to a position as in (a) above in the same geographic area, without good
and sufficient reason, that incumbent shall be immediately paid at the rate of pay
for the reclassified position.
- Employees
subject to section 3, will be considered to have transferred (as defined in the
Directive on Terms and Conditions of Employment) for the purpose of determining
increment dates and rates of pay.
Part II
Part II of the Memorandum of Understanding shall apply to incumbents
of positions who are in holding rates of pay on the date this Memorandum of Understanding
becomes effective.
- An employee
whose position has been downgraded prior to the implementation of this memorandum
and is being paid at a holding rate of pay on the effective date of an economic
increase and continues to be paid at that rate on the date immediately prior to
the effective date of a further economic increase, shall receive a lump sum payment
equal to 100 % of the economic increase for the employee's former group and level
(or where a performance pay plan applied to the incumbent, the adjustment to the
attainable maximum rate of pay) calculated on his annual rate of pay.
- An employee
who is paid at a holding rate on the effective date of an economic increase, but
who is removed from that holding rate prior to the effective date of a further economic
increase by an amount less than he would have received by the application of paragraph
1 of Part II, shall receive a lump sum payment equal to the difference between the
amount calculated by the application of paragraph 1 of Part II and any increase
in pay resulting from his removal from the holding rate.
Signed at Ottawa, this 9th day of the month of February
1982.