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ARCHIVED - Revisions


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1. Terms and definitions

The following words and phrases used in this section have the same meaning as the ones in the Glossary of terms and definitions found under the Compensation and Pay Administration heading. In order to ensure consistency and accuracy in terminology, the user may click on any of these terms for the definition.

revision (rvision)

salary protection (protection du revenu)

2. General

History

Lajoie decision (Dcision Lajoie) - The name of the person who filed a grievance regarding the recalculations of rates of pay during the retroactive period, which resulted in a Federal Court decision specifying the recalculation procedure.

A revision is a change in the rate(s) of pay applicable to an occupational group or level.

The procedures for applying revisions are specified in the collective agreements or pay plans. If the collective agreement or pay plan is silent, then the procedures are those contained in the Retroactive Remuneration Directive. This Directive also forms part of the Terms and Conditions of Employment for the Executive Group.

To ensure the accurate and consistent administration of the implementation of revisions, it is important to note that when a collective agreement is signed and for which there is an equivalent occupational group and level subject to the Performance Pay Policy for Certain Non-Management Category Senior Excluded Employees, only the employees represented and subject to the collective agreement are entitled, on the date of signature, to the revised rates of pay. However, if the appointment to the equivalent occupational group and level is subject to the Performance Pay Policy for Certain Non-Management Category Senior Excluded Employees and is within the retroactive period, a review of the salary on appointment is warranted.

Example 1(a): Promotion from a represented position to an excluded position within a retroactive period.

An employee occupying a represented AS-06 position who is earning $66,407 (maximum) per annum is appointed to an AS-07 excluded position, which is effective on September 13, 2001. The employee's certificate of appointment is dated on August 20, 2001.

The salary on appointment is calculated as per Section 2.3 of the Performance pay module, and the rate of pay determined for the employee's salary on appointment to the AS-07 excluded position, which is effective on September 13, 2001, is $69,416. This amount is within the AS-07 performance pay range.

The PA collective agreement is signed on November 19, 2001, and the employee is entitled to a retroactive revision for the AS-06 position.

The retroactive period for the PA collective agreement is from the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 2000, and ending on the day this Agreement is signed on November 19, 2001.

The certificate of appointment is dated on August 20, 2001, which is within the retroactive period. At the time, the Lajoie decision is in effect for represented employees.

AS-06: Subject to a collective agreement signed on May 16, 2000.

$

Effective June 21, 1998

A

Effective June 21, 1999

$

60,580

62,844

65,105

A

61,792

64,101

66,407

AS-07: Rates of pay not authorized by a collective agreement.
A letter of authority is dated on July 19, 2000.

$

Effective June 21, 1998

A)

Effective June 21, 1999

Job rate

Lowest pay increment

4% of maximum

$

63,362

to

73,750

A

64,629

to

75,225

750

3,009.00

The PA collective agreement is signed and is effective on November 19, 2001, and as per the Lajoie decision, the employee's AS-06 salary is revised "straight down" as follows:

  • From June 21, 2000 to June 20, 2001, from $66,407 to $68,532;
  • From June 21, 2001 to September 12, 2001, from $66,407 to $69,920 and from $66,407 to $71,878.

AS-06: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 21, 2000

X

Pay Adjustment: Effective June 21, 2001

B

Effective June 21, 2001

C

Effective June 21, 2002

$

61,792

64,101

66,407

A

63,769

66,152

68,532

X

64,813

67,276

69,920

B

66,628

69,160

71,878

C

68,294

70,889

73,675

The employee's salary on appointment to the AS-07 excluded position of $69,416, which is effective on September 13, 2001, is also revised for the following reason:

  • The Lajoie decision or better is in effect for the appointment to the higher level of the AS-07 excluded position.

The recalculation of the salary on appointment is calculated as per Section 2.3 of the Performance pay module, along with the AS-07 unrevised excluded salary rates that were in effect on June 21, 1999.

After comparing the two (2) calculations, the rate of pay determined for the employee's appointment, which is effective on September 13, 2001, is $75,567. This rate exceeds the current job rate of $75,225 of the AS-07 excluded position.

The employee's revised rate on appointment, which is effective on September 13, 2001, is the maximum rate of pay of the AS-07 excluded position, which is $75,225.

Example 1(b): Revision for the excluded position appointment within a retroactive period.

The employee in Example 1(a) receives the appropriate revisions for the represented AS-06 position and the salary on appointment to the AS-07 excluded position, which is effective on September 13, 2001, is revised to $75,225 (maximum), as per the Lajoie decision or better.

On January 15, 2002, a decision of the Treasury Board is rendered and is communicated by means of a Letter of Authority, which provides for the salary increases and their effective dates.

The retroactive period for the AS-07 excluded position is from the period commencing on the effective date of the retroactive upward in remuneration, which is June 21, 2000, and ending on the day the approval is given on January 15, 2002.

The certificate of appointment is dated on August 20, 2001, which is within the retroactive period.

Effective on January 15, 2002, the retroactive application of revised rates of pay, for all excluded and unrepresented employees (including Executives), who were promoted, transferred, or deployed, or who commenced acting pay during the retroactive period, were to be paid in accordance with the provisions of the Lajoie decision (Federal Court of Appeal decision 149 N.R.223), except where such treatment provides a lesser benefit than that accruing to the employee following a recalculation of the promotion, transfer, deployment, or acting rate of pay.

AS-06: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 21, 2000

X

Pay Adjustment: Effective June 21, 2001

B

Effective June 21, 2001

C

Effective June 21, 2002

$

61,792

64,101

66,407

A

63,769

66,152

68,532

X

64,813

67,276

69,920

B

66,628

69,160

71,878

C

68,294

70,889

73,675

AS-07: Rates of pay not authorized by a collective agreement.
A letter of authority is dated on January 15, 2002.

$

Effective June 21, 1999

A

Effective June 21, 2000

X

Pay Adjustment - Effective June 21, 2001

B

Effective June 21, 2001

C

Effective June 21, 2002

Job rate

Lowest pay increment

4% of maximum

$

64,629

to

75,225

A

66,697

to

77,632

X

68,225

70,818

73,509

75,714

78,007

B

70,135

to

80,191

750

3,207.64

C

71,888

to

82,196

AS-07: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 21, 2000

X

Pay Adjustment - Effective June 21, 2001

B

Effective June 21, 2001

C

Effective June 21, 2002

Lowest pay increment

$

64,629

to

75,225

A

66,697

to

77,632

X

68,225

70,818

73,509

75,714

78,007

B

70,135

72,801

75,567

77,834

80,191

2,267

C

71,888

74,621

77,456

79,780

82,196

Two (2) recalculations are performed in order to determine the revised rate of pay on appointment to the AS-07 excluded position, which is effective on September 13, 2001, and gives the employee the better treatment.

One (1) recalculation is performed as per the Lajoie decision, which is the "straight down" rule, and the other recalculations is performed as per the "better of" rule, which requires the recalculation of the rate of pay on appointment with the new revised salary rates of both the AS-06 and the AS-07 classifications.

Both recalculations are made in accordance with the respective pay notes.

First recalculation (Lajoie decision)

The employee's AS-07 excluded position salary is revised as per the Lajoie decision, using the rates of pay "straight down" rule, in accordance with the pay notes.

The employee's salary in the AS-07 excluded position is revised as follows:

  • As of September 13, 2001 from $75,225 to $77,632, to $78,007, to $80,191.

As per the Lajoie decision, the revised appointment salary to the AS-07 excluded position, which is effective on September 13, 2001, is $80,191.

Second recalculation (recalculate the salary on appointment)

The second recalculation is performed as per Section 2.3 of the Performance pay module.

The rate of pay determined for the employee's salary on appointment to the AS-07 excluded position, which is effective on September 13, 2001, is $75,567. This rate is within the AS-07 performance pay range and is equivalent to the 3rd step of the represented AS-07 rates of pay.

Conclusion

The first recalculation according to the Lajoie decision provides the employee with a revised salary on appointment of $80,191.

The second recalculation of salary on appointment provides the employee with a revised salary of $75,567.

In this example, the employee is remunerated according to the Lajoie decision, which is the "straight down" rule of the revised rates of pay of the salary on appointment.

Effective on September 13, 2001, the salary on appointment to the AS-07 excluded position is revised to $80,191.

Employees not represented by a collective agreement in the equivalent occupational groups and levels are remunerated, as per the Performance Pay Policy for Certain Non-Management Category Senior Excluded Employees will have their salaries revised as per the TB minutes, which is communicated in a Letter of Authority issued by the Treasury Board Secretariat.

Example 1

The AS-07, AS-08 and IS-06 classifications are found in the PA collective agreement and the Performance Pay Policy for Certain Non-Management Category Senior Excluded Employees.

When the PA collective agreement is signed on November 19, 2001, only the represented AS-07, AS-08 and IS-06 employees were entitled to the revised rates of pay.

Employees within the AS-07, AS-08 and IS-06 classifications who are subject to the Performance Pay Policy for Certain Non-Management Category Senior Excluded Employees will have their salaries revised when the TB minutes are approved on January 15, 2002, and the Letter of Authority is issued to departments.

Example 2

The FI-04 classification is found in both the FI collective agreement and the Performance Pay Policy for Certain Non-Management Category Senior Excluded Employees.

When the arbitral award is rendered on October 8, 2002, and the FI collective agreement is signed on November 1, 2002, only the represented FI-04 employees are entitled to the revised rates of pay.

Employees within the FI-04 classification who are subject to the Performance Pay Policy for Certain Non-Management Category Senior Excluded Employees will have their salaries revised when the TB minutes are approved on November 12, 2002, and the Letter of Authority is issued to departments.

Example 3

The CS-05 classification is found in both the CS collective agreement and the Annex A of the Public Service Terms and Conditions of Employment Regulations (PSTCER).

When the CS collective agreement is signed on June 3, 2003, only the represented CS-05 employees are entitled to the revised rates of pay.

Employees within the CS-05 classification who are subject to the Rates of Pay for Certain Excluded and Unrepresented Employees will have their salaries revised when the TB minutes are approved on June 20, 2003, and the Letter of Authority is issued to departments.

3. Application for retroactive revisions

All employees employed in the Public Service during the retroactive period are entitled to a retroactive revision.

Employee means:

  • Any person employed by a department or agency listed in Part I, Schedule I of the Public Service Staff Relations Act;
  • Any person employed for a specified period (over and under three (3) months) or on an indeterminate, part-time, seasonal, casual or on an "as and when required" basis;
  • Any former employees, who, regardless of the reason, were struck off strength during the retroactive period,. Such employees must request the payment in writing within 30 days from the date of receipt of notification of entitlement from the employer in the form of a registered letter;
  • Any occupational group and level with managerial exclusions, except for those whose rates of pay are authorized and revised by the Treasury Board Minute;
  • Any person subject to performance pay regulations; and
  • Any person who is salary protected.

4. Retroactive period

Since June 3, 2003, the retroactive period for new collective agreements is the period from the effective date of the retroactive upward revised rates of pay, up to and including the day before the day on which the collective agreement is signed or the arbitral award is rendered. Prior to this date, the retroactive period was from the effective date of the retroactive upward revised rates of pay and ending on the day the collective agreement is signed or the arbitral award is rendered.

For greater certainty, refer to the specific relevant collective agreement or pay plan for the definition of the retroactive period, which is normally found in the article on pay administration.

Example 1: CS group - collective agreement signed on June 3, 2003.

The CS collective agreement is signed on June 3, 2003. The economic increases are effective on May 1, 2002 and June 22, 2002. The restructure is effective on May 22, 2003 and December 22, 2003.

The retroactive period for the CS group is from May 1, 2002 to June 2, 2003, inclusive.

Example 2: PA group - collective agreement signed on November 19, 2001.

The Article 64.03 (b)(i) of the PA collective agreement signed on November 19, 2001, specifies the retroactive period as:

For the purpose of subparagraphs (ii) to (v) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day this Agreement is signed or when an arbitral award is rendered therefore.

As a result, the PA collective agreement retroactive period is from June 21, 2000 to November 19, 2001, inclusive.

Example 3: Salary Administration Policy for certain non-Management Category Senior Excluded Levels, dated on November 1, 1991.

Under the definition, the retroactive period is defined as:

The period commencing on the effective date of the retroactive upward revision in remuneration and ending on the day approval is given (priode de rtroactivit).

As a result, the retroactive period for the AS-07 and AS-08 excluded rates of pay is from June 21, 2000 to January 15, 2002, inclusive.

4.1 Implementation of retroactive rates of pay

Background

In 1999, as a result of the 1992 Public Service Staff Relations Board (PSSRB) Lajoie Decision (File # 166-2-20731/32) and the subsequent Federal Court of Appeal decision (# A-894-91), the departments were instructed to apply the Lajoie decision. The decision essentially stated that when new rates of pay come into effect retroactively, there should be no recalculation of pay but rather a "straight down" move into the new pay scales. This method of applying retroactive rates of pay has remained in effect for represented employees since that time.

New application (June 2, 2003)

As a result of recent PSSRB decisions concerning the implementation of retroactive rates of pay, the Treasury Board Secretariat and some of the bargaining agents have signed Letters of Understanding (LOUs) relating to the implementation of retroactive rates of pay.

Effective on June 2, 2003, the new provisions are applicable to all employees in organizations listed in Schedule I, Part I of the Public Service Staff Relations Act, which is represented by a bargaining agent who has signed an LOU for implementing retroactive upward revisions in pay rates. When these employees become subject to new collective agreements, they will be entitled to the "better of":

  • A recalculation of the rate of pay according to the application prior to 1992, or
  • The "straight down" revision of the rates of pay (the method used for the Lajoie decision).

The application of this new method of calculating is not retroactive and applies only to collective agreements signed after the signature of the Letter of Understanding. For example, on or after June 2, 2003.

In order to implement the retroactive rates of pay for these new collective agreements, it will be necessary to review all appointments and salary-related benefits (for example, overtime, extra-duty, leave and termination payments, pension, etc.) made during the retroactive period of each agreement and give the employee the better treatment of either "straight down" or "recalculation". It may also be necessary to adjust any subsequent appointments and salary changes.

These new provisions also apply to excluded and unrepresented employees, including executives, who is effective on June 2, 2003, to coincide with the implementation of this change in application for represented employees.

Refer to Appendix A at the end of this module for a reference chart that offers a chronology of the recalculation process and the Lajoie decision over the past few years. Also included in the appendix are some examples of past calculations.

4.2 Restructure administration

Some collective agreements may contain a restructure of pay rate scales. Unless otherwise specified in the relevant collective agreement, a restructure does not affect the employee's increment date.

Example 1

A CS-01 employee is appointed to the 4th step, which is effective on April 1, 2002, at a salary of $34,629.

The employee's subsequent increments are from the 4th step to the 5th step, which is effective on October 1, 2002. This is followed by an increment from the 5th step to the 6th step of the rates of pay, which is effective on April 1, 2003, at a salary of $37,703.

The CS collective agreement signed on June 3, 2003, includes a pay restructure, which is effective on May 22, 2003.

The employee's salary prior to signing of the CS agreement is $37,703 in the 6th step of the rates of pay.

CS-01: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

1

2

3

4

5

6

7

8

9

10

11

12

13

14

$

30,021

31,554

33,088

34,629

36,160

37,703

39,243

40,773

42,311

43,846

45,373

46,897

48,422

49,947

A

30,141

31,680

33,220

34,768

36,305

37,854

39,400

40,936

42,480

44,021

45,554

47,085

48,616

50,147

B

31,226

32,820

34,416

36,020

37,612

39,217

40,818

42,410

44,009

45,606

47,194

48,780

50,366

51,952

C

42,410

44,009

45,606

47,194

48,780

50,366

51,952

53,538

D

43,470

45,109

46,746

48,374

50,000

51,625

53,251

54,876


As per the Pay Notes 1 (a)(ii), the employees at the CS-01 level who are at the 8th step of the pay range for six (6) months or more on May 21, 2003, move to the next higher rate of pay in the CS-01 pay range on May 22, 2003. A new pay increment date is established, which is effective on May 22, 2003.

Therefore, on May 22, 2003, the CS-01 employee who is at the 6th step moves to the new 1st step of the CS-01 level at a salary of $42,410 and will retain the original increment date.

For this example, the employee's next increment date is effective on April 1, 2004.

Example 2

A CS-01 employee is appointed to the 7th step of the CS-01 level, which is effective on October 14, 2002, at a salary of $39,243.

The employee's subsequent increment is from the 7th step to the 8th step, which is effective on April 14, 2003, at a salary of $40,773.

The CS collective agreement signed on June 3, 2003, includes a pay restructure, which is effective on May 22, 2003.

The employee's salary prior to signing of the CS agreement is $40,773 in the 8th step of the rates of pay.

CS-01: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

1

2

3

4

5

6

7

8

9

10

11

12

13

14

$

30,021

31,554

33,088

34,629

36,160

37,703

39,243

40,773

42,311

43,846

45,373

46,897

48,422

49,947

A

30,141

31,680

33,220

34,768

36,305

37,854

39,400

40,936

42,480

44,021

45,554

47,085

48,616

50,147

B

31,226

32,820

34,416

36,020

37,612

39,217

40,818

42,410

44,009

45,606

47,194

48,780

50,366

51,952

C

42,410

44,009

45,606

47,194

48,780

50,366

51,952

53,538

D

43,470

45,109

46,746

48,374

50,000

51,625

53,251

54,876

As per the Pay Notes 1 (a)(ii), employees at the CS-01 level who are at the 8th step of the pay range for six (6) months or more on May 21, 2003, move to the next higher rate of pay in CS-01 pay range on May 22, 2003. A new pay increment date is established, which is effective on May 22, 2003.

Therefore, the CS-01 employee who is at the 8th step on May 22, 2003, for more than six (6) months, moves to the new 2nd step, with an increment on May 22, 2003, and remunerated at a salary of $44,009.

The employee's new next increment is establish based on the effective date of the restructure on May 22, 2003 and is effective on May 22, 2004.

4.3 Initial appointment above minimum or barrier

The rate of pay in the revised rates of pay is applied as per the applicable collective agreement or arbitral award for initial appointments above the minimum or barrier during the retroactive period. When the relevant authority is silent regarding the rate to be paid, reference should be made to the letter of offer. If the letter states that the employee will be paid at a specific step in the scale of rates, then the employee maintains that same step in the revised rates of pay. However, when the letter of offer shows a salary rate only, the employee's rate of pay in the revised rates will be the rate of pay nearest to but not less than the rate received previously.

Example 1: Appointed above the minimum to a step in the scale of rates within the retroactive period.

A person's initial appointment, which is effective on September 10, 2001, as a CR-04 with the letter of offer, stating that the employee's salary will be at the 3rd step.

The PA collective agreement is signed on November 19, 2001, and the revised rates of pay are effective on June 21, 2000, June 21, 2001 and June 21, 2002.

The retroactive period for the PA collective agreement is from the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 2000, and ending on the day the Agreement is signed on November 19, 2001.

The employee's salary prior to the signing of the PA agreement is $35,301.

CR-04: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 21, 2000

B

Effective June 21, 2001

C

Effective June 21, 2002

$

33,523

34,413

35,301

36,185

A

34,596

35,514

36,431

37,343

B

35,565

36,508

37,451

38,389

C

36,454

37,421

38,387

39,349

The employee's rate of pay is revised to the same step in the scale of rates, as indicated in the letter of offer, (for example, $37,451, which is effective on September 10, 2001), with a subsequent salary revision to $38,387, which is effective on June 21, 2002.

Example 2: Appointed above the minimum to a rate of pay within the retroactive period.

A person's initial appointment as a CR-04 with the letter of offer, stating that the employee's salary will be $35,301, is effective on September 10, 2001

The PA collective agreement is signed on November 19, 2001, with revised rates of pay, which are effective on June 21, 2000, June 21, 2001 and June 21, 2002.

The retroactive period for the PA collective agreement is from the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 2000, and ending on the day the Agreement is signed on November 19, 2001.

The employee's salary prior to signing of the PA agreement is $35,301.

CR-04: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 21, 2000

B

Effective June 21, 2001

C

Effective June 21, 2002

$

33,523

34,413

35,301

36,185

A

34,596

35,514

36,431

37,343

B

35,565

36,508

37,451

38,389

C

36,454

37,421

38,387

39,349

The employee's rate of pay is revised to the rate of pay nearest to but not less than the rate of pay received previously, as indicated in the letter of offer; (for example, $35,565, which is effective on September 10, 2001), with a subsequent salary revision to $36,454, which is effective on June 21, 2002.

4.4 Promotion, deployed or transfer by appointment and demotion

Employees promoted, deployed or transferred by appointment or demoted during the retroactive period shall have their rate of pay recalculated as per the applicable collective agreement or the Letters of Understanding (LOUs).

Example 1: Promotion within the retroactive period

An employee in a SI-04 position who is earning $50,220 (minimum) per annum is promoted to a CS-02 position, which is effective on February 10, 2003. The employee's certificate of appointment is dated on February 3, 2003.

The CS collective agreement is signed on June 3, 2003, and the revised rates of pay are effective on May 1, 2002 and June 22, 2002.

The retroactive period for the CS collective agreement is the period from the effective date of the revision, which is on May 1, 2002, up to and including the day before the collective agreement is signed on June 2, 2003.

SI-04: Subject to a collective agreement signed on June 27, 2001.

X

Restructure: Effective June 22, 2000

A

Effective June 22, 2000

Y

Restructure: Effective June 22, 2001

B

Effective June 22, 2001

C

Effective June 22, 2002

$

46,529

47,999

49,459

50,935

51,954

X

46,529

47,999

49,459

50,935

53,253

A

47,692

49,199

50,695

52,208

54,584

Y

47,800

49,600

51,271

53,070

55,486

B

48,995

50,840

52,553

54,397

56,873

C

50,220

52,111

53,867

55,757

58,295

CS-02: Subject to a collective agreement signed on June 28, 2001.

Effective May 1, 2001

Lowest pay increment

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

Calculation on February 3, 2003 (promotion - within the retroactive period)

  • SI-04 rate of pay is effective on February 10, 2003

$50,220 (minimum)

  • Difference between the maximum (CS-02 and SI-04)

$2,246 ($60,541 - $58,295)

  • Since the difference between the maximums is $2,246, which is greater than the lowest pay increment of $1,645 of the CS-02, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the CS-02 to the SI-04 salary.

$51,865

($50,220 + $1,645)

The employee is entitled to $52,308, which is the 2nd step of the CS-02 rates of pay.

On June 3, 2003, the CS group signed a new collective agreement. The promotion of the SI-04 to the CS-02 must be recalculated, using the revised rates of pay.

CS-02: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

Lowest pay increment

$

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

A

50,866

52,517

54,171

55,824

57,477

59,130

60,783

1651

B

52,697

54,408

56,121

57,834

59,546

61,259

62,971

1,711

C

52,697

54,408

56,121

57,834

59,546

61,259

62,971

64,683

D

54,014

55,768

57,524

59,280

61,035

62,790

64,545

66,300

Recalculation of salary on promotion effective on February 10, 2003, using the revised CS pay rates

  • SI-04 rate of pay is effective on February 10, 2003

$50,220 (minimum)

  • Difference between the maximums (CS-02 and SI-04)

$4,676 ($62,971 - $58,295)

  • Since the difference between the maximums is $4,676, which is greater than the lowest pay increment of $1,711 in the CS-02, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the CS-02 to the SI-04 salary.

$51,931

($50,220 + $1,711)

In this situation the recalculation would revise the employee's salary on promotion to $52,697, the minimum of the CS-02 rates of pay.

As of June 3, 2003, when implementing revised rates of pay with the Letter of Understanding for the CS group, the employee is entitled to the "better of" either the recalculated rate or "straight down" treatment. This ensures that the employee retains the same salary step as was previously appointed.

The employee's salary on appointment, which is effective on February 10, 2003, will be revised to $54,408. The employee must retain at least the 2nd step in the rates of pay.

Example 2: Transfer within the retroactive period

An employee in a GT-05 position who is earning $53,627 (minimum) per annum is appointed to a CS-02 position, which is effective on February 10, 2003. The employee's certificate of appointment is dated on February 3, 2003.

The employee's next increment in the GT-05 position is on March 28, 2003.

The CS collective agreement is signed on June 3, 2003, and the revised rates of pay are effective on May 1, 2002 and June 22, 2002.

The retroactive period for the CS collective agreement means the period from the effective date of the revision, which is on May 1, 2002, up to and including the day before the collective agreement is signed on June 2, 2003.

GT-05: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 22, 2000

B

Effective June 22, 2001

C

Effective June 22, 2002

$

49,316

50,827

52,345

53,916

56,073

A

50,894

52,453

54,020

55,641

57,867

B

52,319

53,922

55,533

57,199

59,487

C

53,627

55,270

56,921

58,629

60,974

CS-02: Subject to a collective agreement signed on June 28, 2001.

Effective May 1, 2001

Lowest pay increment

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

Calculation on February 3, 2003 (certificate of appointment - within the retroactive period)

  • GT-05 rate of pay is effective on February 10, 2003

$53,627 (minimum)

  • Since the maximum of the CS-02 is $60,541, which is lower than the maximum of $60,974 of the GT-05, then the appointment is a transfer.
  • The salary on appointment will be the rate of pay nearest to but not less than the salary received previously, or if there is no such rate, the maximum is the rate of pay for the new position.

$53,955 (3rd step)

The employee's next increment date in the CS-02 position is on March 28, 2003, and the employee is remunerated at the 4th step of the rates of pay. For example, the salary is $55,602 because the employee is deployed or transferred by appointment to a position with the same pay increment period as the former position. In this example, the first pay increment in the GT-05 position becomes due at the end of the pay increment period, and it is calculated from the date of former position as per the PSTCER 33(1).

Subsequently, the CS group signs a new collective agreement on June 3, 2003.

The appointment of the GT-05 to the represented CS-02 position is recalculated, using the revised rates of pay of the CS-02 position.

GT-05: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 22, 2000

B

Effective June 22, 2001

C

Effective June 22, 2002

$

49,316

50,827

52,345

53,916

56,073

A

50,894

52,453

54,020

55,641

57,867

B

52,319

53,922

55,533

57,199

59,487

C

53,627

55,270

56,921

58,629

60,974

CS-02: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

Lowest pay increment

$

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

A

50,866

52,517

54,171

55,824

57,477

59,130

60,783

1,651

B

52,697

54,408

56,121

57,834

59,546

61,259

62,971

1,711

C

52,697

54,408

56,121

57,834

59,546

61,259

62,971

64,683

1,711

D

54,014

55,768

57,524

59,280

61,035

62,790

64,545

66,300

1,754

Recalculation of the salary on appointment effective on February 10, 2003, using the revised CS pay rates

  • GT-05 rate of pay is effective on February 10, 2003

$53,627 (minimum)

  • Difference between the maximums (CS-02 and GT-05)

$1,997 ($62,971 - $60,974)

  • Since the difference is $1,997, which is greater than the lowest pay increment of $1,711 of the represented CS-02, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the CS-02 to the GT-05 salary, and the employee would be paid $56,121.

$55,338

($53,627 + $1,711)

As of June 3, 2003, when the rate of pay after recalculation is less than the rate the employee is receiving prior to the recalculation for the CS group, the employee is entitled to be paid the rate nearest to but not less than the previous rate or "straight down" revision of the rates of pay (method used for the Lajoie decision). This ensures that the employee retains the same salary step as was previously appointed.

The employee's salary on appointment, which is effective on February 10, 2003, is revised to $56,121. This is the 3rd step in the rates of pay, which is also the same salary step as the "straight down" rule.

The appointment is based on the promotion rule, and the employee's next increment date after the CS-02 appointment is re-established as per the PSTCER 32, which is effective on Tuesday, February 10, 2004, the anniversary date of the appointment.

4.5 Acting assignment

Employees in receipt of acting pay are to have their rate of pay recalculated whenever there is a change to the rates, for either their substantive or acting positions.

  • When an acting assignment commences prior to the start of the retroactive period, the acting salary on the first day of the retroactive period is recalculated and the "better of" the following applies:
  • The recalculation of the rate of pay on appointment, or
  • The "straight down" rule.

The acting salary for the period prior to the retroactive period is not to be recalculated. The implementation of retroactive salary rates of pay for employees in receipt of acting pay is applied in the same manner as per the revised Section 4.1 of this module.

The recalculation is applied in the same way as for employees who were promoted, deployed or transferred by appointment or demoted in the retroactive period as per the revised Section 4.4 of this module.

Note: If during the retroactive period, the employee's substantive salary exceeds the acting salary after the recalculation, and then the employee is not to be remunerated for the difference between the substantive salary and the acting salary. Likewise, the acting assignment cannot be terminated retroactively for the employee's benefit.

Example 1: Commence acting pay prior to the retroactive period

An employee in a SI-04 position who is earning $50,840 per annum in the 2nd step of the rates of pay commences an acting assignment in a CS-02 position, which is effective from April 11, 2002 to May 17, 2002, inclusive. The employee's certificate of appointment is dated on March 4, 2002.

SI-04: Subject to a collective agreement signed on June 27, 2001.

X

Restructure: Effective June 22, 2000

A

Effective June 22, 2000

Y

Restructure: Effective June 22, 2001

B

Effective June 22, 2001

C

Effective June 22, 2002

$

46,529

47,999

49,459

50,935

51,954

X

46,529

47,999

49,459

50,935

53,253

A

47,692

49,199

50,695

52,208

54,584

Y

47,800

49,600

51,271

53,070

55,486

B

48,995

50,840

52,553

54,397

56,873

C

50,220

52,111

53,867

55,757

58,295

CS-02: Subject to a collective agreement signed on June 28, 2001.

Effective May 1, 2001

Lowest pay increment

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

Calculation on March 4, 2002 (certificate of appointment within the retroactive period)

  • SI-04 rate of pay is effective on April 11, 2002

$50,840 (2nd step)

  • Difference between the maximums (CS-02 and SI-04)

$3,668 ($60,541 - $56,873)

  • Since the difference is greater than the lowest pay increment of the CS-02, the acting pay is based on the promotion rule. The employee's acting rate of pay is determined by adding the lowest pay increment of the CS-02 to the SI-04 salary.

$52,485

($50,840 + $1,645)

Prior to the new CS collective agreement signed on June 3, 2003, the employee is entitled to the acting rate of pay of the CS collective agreement at $53,955, which is the 3rd step of the rates of pay

The CS group signs a new collective agreement on June 3, 2003. The acting pay of the CS-02 is recalculated, using the revised rates of pay as of May 1, 2002, which is the first day of the retroactive period.

CS-02: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

Lowest pay increment

$

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

A

50,866

52,517

54,171

55,824

57,477

59,130

60,783

1,651

B

52,697

54,408

56,121

57,834

59,546

61,259

62,971

1,711

C

52,697

54,408

56,121

57,834

59,546

61,259

62,971

64,683

1,711

D

54,014

55,768

57,524

59,280

61,035

62,790

64,545

66,300

1,754

Recalculation of the acting salary as of May 1, 2002: First day of the retroactive period, using the revised CS collective agreement pay rates

  • SI-04 rate of pay is effective on May 1, 2002

$50,840 (2nd step)

  • Difference between the maximums (CS-02 and SI-04)

$3,910 ($60,783 - $56,873)

  • Since the difference is greater than the lowest pay increment in the CS-02, the acting pay is based on the promotion rule. The employee's rate of pay is determined by adding the lowest pay increment of the CS-02 to the SI-04 salary.

$52,491

($50,840 + $1,651)

In this situation, the employee's acting salary on recalculation is $52,517. This is the 2nd step of the CS-02 salary scale.

As of June 3, 2003, when the rate of pay after recalculation is less than the rate the employee is receiving prior to the recalculation for the CS group, then the employee is entitled to be paid the rate nearest to but not less than the previous rate or "straight down" in the revised rates of pay (method used for the Lajoie decision). This ensures that the employee retains the same salary step as was previously appointed.

The employee's acting salary is effective on May 1, 2002, is revised to $54,171. The employee must retain at least the 3rd step in the rates of pay.

Example 2: Increment occurring both in the substantive position and the acting position within the retroactive period

An employee in a SI-04 position who is earning $50,840 per annum in the 2nd step of the rates of pay commences an acting assignment to a CS-02 position, which is effective from May 6, 2002 to May 31, 2002, inclusive. The employee's certificate of appointment is dated on April 15, 2002.

The employee's CS-02 acting pay as of May 6, 2002, prior to the new CS collective agreement, is $53,955, the 3rd step of the rates of pay.

The employee is entitled to an increment in the substantive position to $52,553, the 3rd step of the rates of pay, which is effective on May 20, 2002.

The acting pay is recalculated at that point, and the effect of the increment in the substantive results in the employee being paid in the acting position at the 4th step , which is $55,602.

The CS collective agreement is signed on June 3, 2003, and the revised rates of pay are effective on May 1, 2002 and June 22, 2002.

The retroactive period for the CS collective agreement is the period from the effective date of the revision, which is on May 1, 2002, up to and including the day before the collective agreement is signed on June 2, 2003.

SI-04: Subject to a collective agreement signed on June 27, 2001.

X

Restructure: Effective June 22, 2000

A

Effective June 22, 2000

Y

Restructure: Effective June 22, 2001

B

Effective June 22, 2001

C

Effective June 22, 2002

$

46,529

47,999

49,459

50,935

51,954

X

46,529

47,999

49,459

50,935

53,253

A

47,692

49,199

50,695

52,208

54,584

Y

47,800

49,600

51,271

53,070

55,486

B

48,995

50,840

52,553

54,397

56,873

C

50,220

52,111

53,867

55,757

58,295

CS-02: Subject to a collective agreement signed on June 28, 2001.

Effective May 1, 2001

Lowest pay increment

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

On June 3, 2003, the CS group signs a new collective agreement. The acting pay of the CS-02 is recalculated, using the revised rates of pay for May 6, 2002, which is the commencement of the acting pay period. The increment in the substantive position commences on May 20, 2002, when the employee is due an increment in the substantive position.

CS-02: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

Lowest pay increment

$

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

A

50,866

52,517

54,171

55,824

57,477

59,130

60,783

1,651

B

52,697

54,408

56,121

57,834

59,546

61,259

62,971

1,711

C

52,697

54,408

56,121

57,834

59,546

61,259

62,971

64,683

1,711

D

54,014

55,768

57,524

59,280

61,035

62,790

64,545

66,300

1,754

Calculation on May 6, 2002: Commence acting within the retroactive period

  • SI-04 rate of pay is effective on May 6, 2002

$50,840 (2nd step)

  • Difference between the maximums (CS-02 and SI-04)

$3,910 ($60,783 - $56,873)

  • Since the difference is greater than the lowest pay increment in the CS-02, the acting pay is based on the promotion rule. The employee's rate of pay is determined by adding the lowest pay increment of the CS-02 to the SI-04 salary.

$52,491

($50,840 + $1,651)

The result is the pay increment to $52,517, in the 2nd step of the acting CS-02 position rates of pay.

The employee's acting salary, which is effective on May 6, 2002, is revised to $54,171 the 3rd step of the rates of pay. The employee must retain at least the 3rd step in the revised rates of pay on recalculation.

Calculation on May 20, 2002: Increment in substantive position

  • SI-04 rate of pay is effective on May 20, 2002

$52,553 (3rd step)

  • Difference between the maximums (CS-02 and SI-04)

$3,910 ($60,783 - $56,873)

  • Since the difference is greater than the lowest pay increment in the CS-02, the acting pay is based on the promotion rule. The employee's rate of pay is determined by adding the lowest pay increment of the CS-02 to the SI-04 salary.

$54,204

($52,553 + $1,651)

On recalculation, the employee's acting salary, which is effective on May 20, 2002, is $55,824, the 4th step of the rates of pay. This is the same step as previously calculated prior to the date of signing of the CS collective agreement.

Example 3: Revision in the substantive position while in receipt of acting pay within the retroactive period.

An employee in a SI-04 position who is earning $50,840 per annum the 2nd step rates of pay commences an acting assignment in a CS-02 position, which is effective from June 3, 2002 to September 6, 2002, inclusive. The employee's certificate of appointment is dated on May 3, 2002.

The employee's CS-02 acting pay as of June 3, 2002, prior to the new CS collective agreement, is $53,955 the 3rd step of the rates of pay.

The employee is entitled to a revision in the substantive position, which is effective on June 22, 2002. The acting pay is recalculated, and the acting CS-02 salary is not affected. The employee maintains the acting pay of $53,955.

The CS collective agreement is signed on June 3, 2003, and the revised rates of pay are effective on May 1, 2002 and June 22, 2002.

The retroactive period for the CS collective agreement is the period from the effective date of the revision, which is on May 1, 2002, up to and including the day before the collective agreement is signed on June 2, 2003.

SI-04: Subject to a collective agreement signed on June 27, 2001.

X

Restructure: Effective June 22, 2000

A

Effective June 22, 2000

Y

Restructure: Effective June 22, 2001

B

Effective June 22, 2001

C

Effective June 22, 2002

$

46,529

47,999

49,459

50,935

51,954

X

46,529

47,999

49,459

50,935

53,253

A

47,692

49,199

50,695

52,208

54,584

Y

47,800

49,600

51,271

53,070

55,486

B

48,995

50,840

52,553

54,397

56,873

C

50,220

52,111

53,867

55,757

58,295

CS-02: Subject to a collective agreement signed on June 28, 2001.

Effective May 1, 2001

Lowest pay increment

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

The CS group signs a new collective agreement on June 3, 2003. The acting pay of the CS-02 is recalculated, using the new rates of pay, which is effective on June 22, 2002. This is the revision date in substantive position.

CS-02: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

Lowest pay increment

$

50,663

52,308

53,955

55,602

57,248

58,894

60,541

1,645

A

50,866

52,517

54,171

55,824

57,477

59,130

60,783

1,651

B

52,697

54,408

56,121

57,834

59,546

61,259

62,971

1,711

C

52,697

54,408

56,121

57,834

59,546

61,259

62,971

64,683

1,711

D

54,014

55,768

57,524

59,280

61,035

62,790

64,545

66,300

1,754

Calculation on June 22, 2002: Revision in substantive position within the retroactive period

  • SI-04 rate of pay is effective on June 22, 2002

$52,111 (2nd step)

  • Difference between the maximums (CS-02 and SI-04)

$4,676 ($62,971 - $58,295)

  • Since the difference is greater than the lowest pay increment in the CS-02, the acting pay is based on the promotion rule. The employee's rate of pay is determined by adding the lowest pay increment of the CS-02 to the SI-04 salary.

$54,408 (2nd step)

($52,111 + $1,711 = $53,822)

The result is the pay increment to $54,408 the 2nd step of the acting CS-02 position rates of pay.

The employee's acting salary, which is effective on June 22, 2002, is revised to $56,121 the 3rd step of the rates of pay. The employee must retain at least the 3rd step level in the rates of pay on recalculation.

Example 4(a): Commence an acting pay during the retroactive period

An employee in a PC-03 position earning $71,263 (maximum) per annum commences an acting assignment in a CS-03 position, which is effective from June 3, 2002 to November 28, 2003, inclusive. The employee's certificate of appointment is dated on May 27, 2002.

Based on the deployment or transfer by appointment rules, the acting pay is calculated as $72,500 (maximum) per annum.

Effective on June 3, 2003, the CS group signs a new collective agreement with revised rates of pay, which are effective on May 1, 2002, June 22, 2002, and May 22, 2003. Therefore, the employee's rate of pay in the higher classification of CS-03 is revised in accordance with the recalculation or the "straight down" rule.

The retroactive period for the CS collective agreement is the period from the effective date of the revision, which is on May 1, 2002, up to and including the day before the collective agreement is signed on June 2, 2003.

PC-03: Subject to a collective agreement signed on December 20, 2000.

Effective October 1, 2001

$

59,513

61,858

64,207

66,566

68,913

71,263

CS-03: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1st, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

Lowest pay increment

$

59,946

62,038

64,130

66,223

68,316

70,408

72,500

2,092

A

60,186

62,286

64,387

66,488

68,589

70,690

72,790

2,100

B

62,353

64,528

66,705

68,882

71,058

73,235

75,410

2,175

C

62,353

64,528

66,705

68,882

71,058

73,235

75,410

77,585

2,175

D

63,912

66,141

68,373

70,604

72,834

75,066

77,295

79,525

2,229

Recalculation on June 3, 2002: Acting within the retroactive period

  • PC-03 rate of pay is effective on June 3, 2002

$71,263 (maximum)

  • Difference between the maximums (CS-03 and PC-03)

$1,527 ($72,790 - $71,263)

  • Since the difference between the maximums is $1,527, which is less than the lowest pay increment of $2,100 of the CS-03, the acting pay is based on the deployment or transfer by appointment rule. The employee is paid $72,790, which is the rate of pay nearest to but not less than the rate received previously in the substantive position.

$72,790 (maximum)

On recalculation, the employee's acting salary, which is effective on June 3, 2002, is $72,790 (maximum). This is the same step as previously calculated prior to the date of signing of the CS collective agreement.

Recalculation on June 22, 2002: Revision to acting within the retroactive period

  • PC-03 rate of pay is effective on June 22, 2002

$71,263 (maximum)

  • Difference between the maximums (CS-03 and PC-03)

$4,147 ($75,410 - $71,263)

  • Since the difference is greater than the lowest pay increment in the CS-03, the acting pay is based on the promotion rule. The employee's rate of pay is determined by adding the lowest pay increment of the CS-03 to the PC-03 salary.

$75,410 (maximum)

($71,263 + $2,175 = $73,438)

As per Article 47.03 (b)(iv), the acting rate of pay is recalculated and the employee's acting salary, which is effective on June 22, 2002, is $75,410 the 7th step of the rates of pay. This rate of pay is not less than the acting rate of pay the employee was receiving prior to the signature of the CS collective agreement.

Recalculation on May 22, 2003: Acting restructure - within the retroactive period

  • PC-03 rate of pay is effective on May 22, 2003

$71,263 (maximum)

  • Difference between the maximums (CS-03 and PC-03)

$6,322 ($77,585 - $71,263)

  • Since the difference is greater than the lowest pay increment in the CS-03, the acting pay is based on the promotion rule. The employee's rate of pay is determined by adding the lowest pay increment of the CS-03 to the PC-03 salary.

$75,410 (7th step)

($71,263 + $2,175 = $73,438)

As per Article 47.03 (b)(iv), the acting rate of pay is recalculated and the employee's acting salary is $75,410, which is effective on May 22, 2003. This is same rate of pay as previously calculated, which is effective on June 22, 2002.

Since there is a new maximum, the employee is entitled to an increment in the higher classification calculated from June 22, 2002, with the recalculation of the revised acting rate of pay being in accordance with the promotion rule.

Effective on June 22, 2003, the employee's acting rate of pay is $77,585 (new maximum).

Example 4(b): Revision in substantive position during the retroactive period

The employee in Example 4(a) is entitled to revised rates of pay in the substantive position as per the arbitral award rendered on July 17, 2003 for the AP group.

The AP group has revised the rates of pay, which are effective on October 1, 2002.The employee's rate of pay in the higher classification of CS-03 is revised in accordance with the recalculation or the "straight down" rule.

The retroactive period for the AP group is the period from the effective date of the revision, which is on October 1, 2002, up to and including the day before the arbitral award is rendered on July 17, 2003.

Note: The employee is at the maximum rate of pay in the PC-03 position since January 15, 2001.

PC-03: Subject to a collective agreement with an arbitral award rendered on July 17, 2003.

Y

Effective October 1, 2002 - Restructure

A

Effective October 1, 2002

B

Effective October 1, 2003

C

Effective October 1, 2004

$

59,513

61,858

64,207

66,566

68,913

71,263

Y

61,858

64,207

66,566

68,913

71,263

73,613

A

63,559

65,973

68,397

70,808

73,223

75,637

B

65,148

67,622

70,107

72,578

75,054

77,528

C

66,777

69,313

71,860

74,392

76,930

79,466

CS-03: Subject to a collective agreement signed on June 3, 2003.

A

Effective May 1st, 2002

B

Effective June 22, 2002

C

Effective May 22, 2003 (Restructure)

D

Effective December 22, 2003

Lowest pay increment

$

59,946

62,038

64,130

66,223

68,316

70,408

72,500

2,092

A

60,186

62,286

64,387

66,488

68,589

70,690

72,790

2,100

B

62,353

64,528

66,705

68,882

71,058

73,235

75,410

2,175

C

62,353

64,528

66,705

68,882

71,058

73,235

75,410

77,585

2,175

D

63,912

66,141

68,373

70,604

72,834

75,066

77,295

79,525

2,229

Recalculation on October 1, 2002: Of the higher classification (revision in a substantive position within the retroactive period)

  • PC-03 rate of pay is effective on October 1, 2002

$75,637 (new maximum)

  • The maximum rate of pay of $75,410 for the higher classification of the CS-03 is less than the maximum rate of pay of $75,637 of the substantive position PC-03.

Even though the employee's acting salary of the CS-03 is less than the salary of the substantive position of the PC-03, the employee maintains the acting assignment.

No payment or recovery is processed.

Recalculation on May 22, 2003: Of the higher classification (acting within the retroactive period)

  • PC-03 rate of pay is effective on May 22, 2003

$75,637 (new maximum)

  • Difference between the maximums (CS-03 and PC-03)

$1,948 ($77,585 - $75,637)

  • Since the difference between the maximums is $1,948, which is less than the lowest pay increment of $2,175 of the CS-03, the acting pay is based on the deployment or transfer by appointment rule. The employee is paid $77,585, which is the rate of pay nearest to but not less than the rate received previously in the substantive position.

$77,585 (new maximum)

On recalculation, the employee's acting salary is $77,585, which is effective on May 22, 2003. This is the rate of pay that is nearest to but not less than the acting rate of pay the employee was previously receiving prior to the arbitral award of the AP group.

4.6 Salary protection

Employees occupying positions with salary protection will have their salaries recalculated to determine whether they remain or are removed from salary protection.

Example 1: Salary protection within a retroactive period

An employee classified as a SI-04 who is earning $56, 873 per annum, is reclassified to a lower level as a CR-07, which is effective on July 16, 2001. The employee's certificate of appointment is dated on July 12, 2001.

Since the maximum rate of pay of the CR-07 is lower than the SI-04 position, the employee retains the rate of pay of the former group and level and is salary protected as a SI-04 earning $56,873.

The PA collective agreement is signed on November 19, 2001.

The retroactive period for the PA collective agreement is for the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 2000, and ending on the day the Agreement is signed on November 19, 2001.

SI-04: Subject to a collective agreement signed on June 27, 2001.

X

Restructure: Effective June 22, 2000

A

Effective June 22, 2000

Y

Restructure: Effective June 22, 2001

B

Effective June 22, 2001

C

Effective June 22, 2002

$

46,529

47,999

49,459

50,935

51,954

X

46,529

47,999

49,459

50,935

53,253

A

47,692

49,199

50,695

52,208

54,584

Y

47,800

49,600

51,271

53,070

55,486

B

48,995

50,840

52,553

54,397

56,873

C

50,220

52,111

53,867

55,757

58,295

CR-07: Subject to a collective agreement signed on May 16, 2000.

Effective June 21, 1999

46,256

47,537

48,820

50,110

Calculation on July 12, 2001 (certificate of appointment)

  • SI-04 rate of pay is effective on July 16, 2001

$56,873 (maximum)

  • Difference between the maximums (CR-07 and SI-04)

-$6,763 ($50,110 - $56,873)

  • Since the maximum rate of pay of the CR-07 is less than the maximum rate of pay of the employee's former position, the employee is salary protected as a SI-04, earning $56,873 per annum.

$56,873

The PA group signs a new collective agreement on November 19, 2001.

The new maximum rates of pay of both positions are reviewed, to determine if the employee remains or is removed from the salary protection.

SI-04: Subject to a collective agreement signed on June 27, 2001.

B

Effective June 22, 2001

C

Effective June 22, 2002

B

48,995

50,840

52,553

54,397

56,873

C

50,220

52,111

53,867

55,757

58,295

CR-07: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 21, 2000

B

Effective June 21, 2001

C

Effective June 21, 2002

$

46,256

47,537

48,820

50,110

A

47,736

49,058

50,382

51,714

B

49,073

50,432

51,793

53,162

C

50,300

51,693

53,088

54,491

Calculation on November 19, 2001: Within the retroactive period of the PA collective agreement

  • SI-04 rate of pay is effective on July 16, 2001

$56,873 (maximum)

  • Difference between the maximums (CR-07 and SI-04)

-$3,711 ($53,162 - $56,873)

  • Since the maximum rate of pay of the CR-07 is less than the maximum rate of pay of the employee's former position, the employee continues to be salary protected as a SI-04, earning $56,873 per annum.

$56,873 (maximum)

Since the maximum rate of pay applicable to the reclassified group and level of the CR-07 at $53,162 per annum is still less than the maximum rate of pay of the SI-04, then the employee continues to be paid the revisions based on the former group and level of the SI-04.

The salary protection remains in effect until the employee vacates the position, or the maximum for the reclassified group and level of the CR-07 becomes greater than that applicable to the former group and level of the SI-04.

Example 2: Salary protection within a retroactive period

An employee classified as a CR-05 who is earning $37,644 per annum the 2nd step of the rates of pay is reclassified to a lower level, as an AS-01, which is effective on June 18, 2001. The employee's certificate of appointment is dated on June 4, 2001.

Since the maximum rate of pay of the AS-01 is less than the maximum rate of pay of the employee's former CR-05 position, the employee is salary protected as a CR-05, earning $37,644 per annum.

The PA collective agreement is signed on November 19, 2001.

The retroactive period for the PA collective agreement is from the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 2000, and ending on the day the Agreement is signed on November 19, 2001.

CR-05: Subject to a collective agreement signed on May 16, 2000.

Effective June 21, 1999

36,637

37,644

38,659

39,665

AS-01: Subject to a collective agreement signed on May 16, 2000.

Effective June 21, 1999

35,594

36,950

38,299

39,649

Calculation on June 4, 2001 (certificate of appointment)

  • CR-05 rate of pay is effective on June 18, 2001

$37,644

  • Difference between the maximums (AS-01 and CR-05)

-$16 ($39,649 - $39,665)

  • Since the maximum rate of pay of the AS-01 is less than the maximum rate of pay of the employee's former position, the employee continues to be salary protected as a CR-05, earning $37,644 per annum.

$37,644 (2nd step)

The PA group signs a new collective agreement on November 19, 2001.

The new maximum rates of pay of both positions are reviewed, to determine if the employee remains or is removed from salary protection.

CR-05: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 21, 2000

B

Effective June 21, 2001

C

Effective June 21, 2002

$

36,637

37,644

38,659

39,665

A

37,809

38,849

39,896

40,934

B

38,868

39,937

41,013

42,080

C

39,840

40,935

42,038

43,132

AS-01: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 21, 2000

X

Pay Adjustment: Effective June 21, 2001

B

Effective June 21, 2001

C

Effective June 21, 2002

Lowest pay increment

$

35,594

36,950

38,299

39,649

A

36,733

38,132

39,525

40,918

X

37,358

38,778

40,252

41,782

B

38,404

39,864

41,379

42,952

1,460

C

39,364

40,861

42,413

44,026

Calculation on November 19, 2001: Within the retroactive period

  • CR-05 rate of pay is effective on June 18, 2001

$39,937 (2nd step)

  • Difference between the maximums (AS-01 and CR-05)

$872 ($42,952 - $42,080)

  • Since the maximum rate of pay of the AS-01 is greater than the maximum rate of pay of the employee's former position, the employee is removed from salary protection, which is effective on November 19, 2001.
  • The difference between the maximums is $872, which is less than the lowest pay increment of $1,460 of the AS-01; therefore, the appointment is a deployment or transfer by appointment. The employee is paid $41,379, which is the rate of pay nearest to but not less than the rate received previously.

$41,379 (3rd step)

Since the maximum rate of pay applicable to the reclassified group and level of the AS-01 at $42,952 per annum exceeds the maximum rate of pay applicable to the former group and level of the CR-05 at $42,080 per annum, the salary protection ceases effective on the date the PA collective agreement is signed.

On November 19, 2001, the employee is paid in the reclassified group and level of the AS-01, at a rate of pay of $41,379, 3rd step of the rates of pay, which is the rate of pay that is nearest to but not less than the rate of pay received in the former group and level of the CR-05 at $39,937 per annum.

5. Application for current revisions

All employees employed in the Public Service during the current period are entitled to a revision.

Employee means:

  • Any person employed by a department or agency listed in Part I, Schedule I of the Public Service Staff Relations Act;
  • Any person employed for a specified period (over and under three (3) months) or on an indeterminate, part-time, seasonal, casual or "as and when required" basis;
  • Any occupational group and level with managerial exclusions, except for those whose rates of pay are authorized and revised by Treasury Board Minute;
  • Any person subject to performance pay regulations; and
  • Any person who is salary protected.

5.1 Current period

Collective agreements, arbitral awards and letters of authority, including the rates of pay contained therein, are considered current during the period commencing on the date the collective agreement or the letter of authority is signed, or the arbitral award is rendered, up to and including the expiry date of the agreement, letter or award.

Employees shall be paid the rate shown immediately below their former rate on the effective date of the revision.

Example: CS group collective agreement signed on June 3, 2003, during the current period

The CS collective agreement is signed on June 3, 2003. The economic increases are effective on May 1, 2002 and June 22, 2002, and the restructure is effective on May 22, 2003 and December 22, 2003.

The current period for revision for the CS group is from June 3, 2003 to the expiry date of December 21, 2004, inclusive.

5.2 Acting pay

Employees in receipt of acting pay shall also be paid at the rate immediately below their former rate of the acting level on the effective date of the revision.

Additionally, if a salary revision to the employee's substantive level occurs, the rate in the acting level shall be recalculated according to the promotion, deployment or transfer by appointment or demotion rules, using the revised rate of pay for the substantive level.

If the rate of pay in the higher classification level is less after the recalculation, then the employee will be paid at the rate immediately prior to the recalculation.

Where revised rates are effective on the same date for both the substantive and acting levels, the employee will be paid the rate immediately below the former acting rate, or the recalculated rate, whichever is the greater.

If the definition of "acting assignment" were no longer met after the date that the new collective agreement is signed, then the acting position would cease on that date. For example, the maximum rate of pay of the acting position is less than the maximum rate of pay of the substantive position.

5.3 Salary protection

Employees occupying positions with salary protection will have their situation reviewed to determine whether they remain or are removed from salary protection.

Example 1(a): Salary protection - revision of the new position during the current period.

An employee classified as a SI-04 who is earning $56, 873 per annum, is reclassified to a lower level, as a CR-07, which is effective on July 16, 2001. The employee's certificate of appointment is dated on July 12, 2001.

The PA collective agreement is signed on November 19, 2001, and the maximum rate of pay of the employee's former SI-04 position is still greater than the maximum rate of pay of the CR-07 position.

The employee retains the rate of pay of the former group and level and is salary protected as an SI-04, earning $56,873 as of November 19, 2001.

The latest revision for the CR-07 is effective on June 21, 2002, and the revision for the former position of the SI-04 is effective on June 22, 2002.

SI-04 (former position): Subject to a collective agreement signed on June 27, 2001.

B

Effective June 22, 2001

C

Effective June 22, 2002

B

48,995

50,840

52,553

54,397

56,873

C

50,220

52,111

53,867

55,757

58,295

CR-07: Subject to a collective agreement signed on November 19, 2001.

B

Effective June 21, 2001

C

Effective June 21, 2002

B

49,073

50,432

51,793

53,162

C

50,300

51,693

53,088

54,491

Calculation on June 21, 2002: Current period of the PA collective agreement

  • SI-04 rate of pay is effective on June 21, 2002

$56,873 (maximum)

  • Difference between the maximums (CR-07 and SI-04)

-$2,382 ($54,491 - $56,873)

  • Since the maximum rate of pay of the CR-07 is less than the maximum rate of pay of the employee's former position, the employee continues to be salary protected as a SI-04, earning $56,873 per annum.

$56,873 (maximum)

Since the maximum rate of pay applicable to the reclassified group and level of the CR-07 at $54,491 per annum on June 21, 2002 is still less than the maximum rate of pay of the SI-04, then the employee continues to be salary protected and retains at the salary of $56,873 of the former group and level of the SI-04.

Example 1(b): Salary protection - revision of the former position during the current period

Effective on June 21, 2002, the employee's situation in Example 1(a) is reviewed for the revision of the PA collective agreement.

The employee retains the rate of pay of the former group and level and retains the salary protection as a SI-04, earning $56,873 as of June 21, 2002.

Effective on June 22, 2002, the employees in the EC group are entitled to a revision.

SI-04 (former position): Subject to a collective agreement signed on June 27, 2001.

B

Effective June 22, 2001

C

Effective June 22, 2002

B

48,995

50,840

52,553

54,397

56,873

C

50,220

52,111

53,867

55,757

58,295

CR-07: Subject to a collective agreement signed on November 19, 2001.

B

Effective June 21, 2001

C

Effective June 21, 2002

B

49,073

50,432

51,793

53,162

C

50,300

51,693

53,088

54,491

Calculation on June 22, 2002: Current period of the EC collective agreement

  • SI-04 rate of pay is effective on June 22, 2002

$58,295 (maximum)

  • Difference between the maximums (CR-07 and SI-04)

-$3,804 ($54,491 - $58,295)

  • Since the maximum rate of pay of the CR-07 is less than the maximum rate of pay of the employee's former position, the employee continues to be salary protected as a SI-04, earning $58,295 per annum.

$58,295 (maximum)

Since the maximum rate of pay applicable to the reclassified group and level of the CR-07 at $54,491 per annum on June 22, 2002 is still less than the maximum rate of pay of the SI-04, then the employee continues to be paid the revisions applicable to the former group and level of the SI-04. The employee's salary is revised to $58,295, which is effective on June 22, 2002.

The salary protection remains in effect until the employee vacates the position, or the maximum for the reclassified group and level (CR-07) becomes greater than that applicable to the former group and level (SI-04).

6. Case Studies

This section contains some case studies illustrating the different types of calculation that were in effect since 1992.

Case Study No. 1: Promotion - retroactive period - period of 1992 to July 26, 1999

An employee occupying a AS-02 position who is earning $39,994 per annum is promoted to a SI-02 position, which is effective on September 4, 1998. The employee's certificate of appointment is dated on August 12, 1998.

The salary on appointment is calculated as per Section 2 of the Promotion module. The rate of pay determined for the employee's salary on appointment to the represented SI-02 position, which is effective on September 4, 1998, is $41,010 in the 3rd step of the rates of pay.

The first PA group collective agreement is signed on December 29, 1998, and the employee is entitled to a retroactive revision for the AS-02 position.

The retroactive period for the PA collective agreement is for the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 1997 and ending on the day the Agreement is signed on December 29, 1998.

The certificate of appointment is dated on August 12, 1998, which is within the retroactive period. At that time, a recalculation is in effect for represented employees.

AS-02: Subject to a collective agreement signed on December 29, 1998.

$

Effective June 21, 1992

A

Effective June 21, 1997

B

Effective June 21, 1998

X

Restructuring effective April 1, 1999

$

35,728

37,150

38,571

39,994

A

36,621

38,079

39,535

40,994

B

37,353

38,841

40,326

41,814

X

38,841

40,326

41,814

SI-02: Subject to a collective agreement signed on March 6, 1998.

A

Effective June 22, 1997

B

Effective June 22, 1998

Lowest pay increment

A

37,911

39,056

40,206

41,350

42,177

B

38,669

39,837

41,010

42,177

43,021

844

Calculation on December 29, 1998: Within the retroactive period of the PA collective agreement

  • AS-02 rate of pay is effective on September 4, 1998

$41,814 (maximum)

  • Difference between the maximums (SI-02 and AS-02)

$1,207 ($43,021 - $41,814)

  • Since the difference between the maximums is $1,207, which is greater than the lowest pay increment of $844, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the SI-02 to the AS-02 salary, and the employee is paid $43,021.

$43,021 (maximum)

($41,814 + $844 = $42,658)

Prior to the PA collective agreement signed on December 29, 1998, the employee is remunerated at the 3rd step of the SI-02 pay rate scale.

After the recalculation of the promotion, due to the PA revisions, the rate of pay for the employee's salary on appointment, which is effective September 4, 1998, is revised to $43,021, the maximum rate of pay of the SI-02 position.

Case Study No. 2(a): Deployment or transfer by appointment - retroactive period - period of 1992 to July 26, 1999.

An employee occupying a AS-02 position who is earning $38,571 per annum is deployed to a SI-02 position, which is effective on February 19, 1998. The employee's certificate of appointment is dated on January 12, 1998.

The salary on appointment is calculated as per Section 2 of the Deployment or transfer by appointment module. The rate of pay determined for the employee's salary on appointment to the represented SI-02 position, which is effective on February 19, 1998, is $39,495 in the 3rd step of the rates of pay.

The SI group collective agreement is signed on March 6, 1998, and the employee is entitled to a retroactive revision for the SI-02 position.

The retroactive period for the SI collective agreement is for the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 22, 1997, and ending on the day the Agreement is signed on March 6, 1998.

The certificate of appointment is dated on January 12, 1998, which is within the retroactive period. At that time, a recalculation is in effect for represented employees.

The date of the appointment to the SI-02 position is effective on February 19, 1998. At this time, if the rate of pay after recalculation is less than the rate of pay the employee is receiving prior to the recalculation, then the employee is paid the rate nearest to but not less than the previous rate of pay.

AS-02: Subject to a collective agreement signed on May 19, 1989.

Effective June 21, 1992

35,728

37,150

38,571

39,994

SI-02: Subject to a collective agreement signed on March 6, 1998.

$

Effective June 22, 1992

A

Effective June 22, 1997

B

Effective June 22, 1998

Lowest pay increment

$

37,241

38,365

39,495

40,619

A

37,911

39,056

40,206

41,350

42,177

827

B

38,669

39,837

41,010

42,177

43,021

Calculation on March 6, 1998: Within the retroactive period of the SI collective agreement

  • AS-02 rate of pay is effective on February 19, 1998

$38,571 (3rd step)

  • Difference between the maximums (SI-02 and AS-02)

$2,183 ($42,177 - $39,994)

  • Since the difference between the maximums is $2,183, which is greater than the lowest pay increment of $827, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the SI-02 to the AS-02 salary, and the employee is paid $40,206.

$40,206 (3rd step)

($38,571 + $827 = $39,398)

Prior to the SI collective agreement signed on March 6, 1998, the employee is remunerated as per the deployment or transfer by appointment rule, and is paid at the 3rd step of the SI-02 pay rate scale.

After the recalculation of the deployment, due to the SI revision, the rate of pay determined for the employee's salary on appointment, which is effective on February 19, 1998, is revised as per the promotion rule and the employee remains at the 3rd step of the SI-02 position, at a rate of pay of $40,206.

Now that the appointment is based on the promotion rule and not on the deployment or transfer by appointment rule, the employee's next increment date after the SI-02 appointment is re-established as per the PSTCER 32, and is effective on Friday, February 19, 1999, the anniversary date of the appointment.

Case Study No. 2(b): Promotion - retroactive period - period of 1992 to July 26, 1999

The employee in Example 2(a) received the appropriate revision for the SI-02 position, and the salary on appointment, which is effective on February 19, 1998, is revised to $40,206 in the 3rd step of the rates of pay, as per the recalculation process.

The new PA collective agreement is signed on December 29, 1998, and the employee is entitled to a retroactive revision for the AS-02 position.

The retroactive period for the PA collective agreement is for the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 1997, and ending on the day the Agreement is signed on December 29, 1998.

The certificate of appointment is dated on January 12, 1998, which is within the retroactive period. At that time, a recalculation is in effect for represented employees.

The date of the appointment to the SI-02 position is effective on February 19, 1998. At that time, if the rate of pay after recalculation is less than the rate of pay the employee is receiving prior to the recalculation, then the employee is paid the rate nearest to but not less than the previous rate of pay.

AS-02: Subject to a collective agreement signed on December 29, 1998.

$

Effective June 21, 1992

A

Effective June 21, 1997

B

Effective June 21, 1998

X

Restructuring effective April 1, 1999

$

35,728

37,150

38,571

39,994

A

36,621

38,079

39,535

40,994

B

37,353

38,841

40,326

41,814

X

38,841

40,326

41,814

SI-02: Subject to a collective agreement signed on March 6, 1998.

A

Effective June 22, 1997

B

Effective June 22, 1998

Lowest pay increment

A

37,911

39,056

40,206

41,350

42,177

827

B

38,669

39,837

41,010

42,177

43,021

Calculation on December 29, 1998: Within the retroactive period of the PA collective agreement

  • AS-02 rate of pay is effective on February 19, 1998

$39,535 (3rd step)

  • Difference between the maximums (SI-02 and AS-02)

$1,183 ($42,177 - $40,994)

  • Since the difference between the maximums is $1,183, which is greater than the lowest pay increment of $827, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the SI-02 to the AS-02 salary, and the employee is paid $41,350.

$41,350 (4th step)

($39,535 + $827 = $40,362)

After the recalculation of the promotion, due to the PA revision, the rate of pay for the employee's salary on appointment, which is effective on February 19, 1998, is revised as per the promotion rule. The employee is now paid at the 4th step of the SI-02 position, at a rate of pay of $41,350.

Case Study No. 3: Deployment or transfer by appointment - retroactive period - as of July 27, 1999, the Lajoie decision, unless a specific provision is introduced in the collective agreement

An employee occupying an AS-02 whom is position earning $38,841 per annum is deployed to a PG-02 position, which is effective on March 20, 2000. The employee's certificate of appointment is dated on March 6, 2000.

The salary on appointment is calculated as per Section 2 of the Deployment or transfer by appointment module. The rate of pay determined for the employee's salary on appointment to the represented PG-02 position, which is effective on March 20, 2000, is $40,058, the 2nd step of the rates of pay.

The PA group collective agreement is signed on May 16, 2000, and the employee is entitled to a retroactive revision for the AS-02 position.

The retroactive period for the PA collective agreement is for the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 1999, and ending on the day the Agreement is signed on May 16, 2000.

The certificate of appointment is dated on March 6, 2000, which is within the retroactive period. At that time, a recalculation is in effect for represented employees.

The date of the appointment to the PG-02 position is on March 20, 2000. The Lajoie decision is in effect and is applied, unless a specific provision is introduced in the collective agreement authorizing the recalculation.

AS-02: Subject to a collective agreement signed on May 16, 2000.

$

Restructuring effective April 1, 1999

A

Effective June 21, 1999

X

38,841

40,326

41,814

A

39,618

41,133

42,650

PG-02: Subject to a collective agreement signed on October 19, 1999.

$

Effective June 22, 1998

A

Effective June 22, 1999

$

37,605

39,273

40,948

42,617

A

38,357

40,058

41,767

43,469

Since the PA collective agreement does not contain a specific provision authorizing recalculation of employees who were promoted, transferred, or deployed, or who commenced acting pay during the retroactive period, then the employee's rate of pay on appointment to the PG-02 position is not recalculated and is maintained at $40,058, the 2nd step of the rates of pay.

Case Study No. 4: Acting pay - retroactive period - as of July 27, 1999, the Lajoie decision, unless a specific provision is introduced in the collective agreement.

An employee occupying a AS-01 position who is earning $38,404 per annum is in receipt of acting pay in a PG-02 position for the period of December 6, 2001 to June 4, 2002, inclusive. The employee's certificate of appointment is dated on November 22, 2001.

The acting salary is calculated as per Section 2 of the Deployment or transfer by appointment module. The rate of pay determined for the represented PG-02 position, which is effective on December 6, 2001, is $40,058, the 2nd step of the rates of pay.

The AV group collective agreement is signed on December 19, 2001, and the employee is entitled to a retroactive revision for the PG-02 position.

The retroactive period for the AV collective agreement is for the period commencing on the effective date of the retroactive upward revision in rates of pay, which is on June 22, 2000, and ending on the day the Agreement is signed on December 19, 2001.

The certificate of appointment is dated on November 22, 2001, which is within the retroactive period. At that time, a recalculation is in effect for represented employees.

The effective date of the acting pay in the PG-02 position is on December 6, 2001. The Lajoie decision is in effect and is applied, unless a specific provision is introduced in the collective agreement authorizing the recalculation.

AS-01: Subject to a collective agreement signed on November 19, 2001.

B

Effective June 21, 2001

C

Effective June 21, 2002

B

38,404

39,864

41,379

42,952

C

39,364

40,861

42,413

44,026

PG-02: Subject to a collective agreement signed on December 19, 2001.

A

Effective June 22, 2000

B

Effective June 22, 2001

C

Effective June 22, 2002

Lowest pay increment

$

38,357

40,058

41,767

43,469

1,701

A

38,584

41,340

43,104

44,860

B

40,692

42,498

44,311

46,116

1,805

C

41,709

43,560

45,419

47,269

Since the AV collective agreement does not contain a specific provision authorizing recalculation of employees who were promoted, transferred, or deployed, or who commenced acting pay during the retroactive period, the employee's rate of pay on appointment to the represented PG-02 position is not recalculated. The employee benefits from the Lajoie decision and is remunerated by the "straight down" rule and maintains the 2nd step of the PG-02 at $42,498 per annum.

Case Study No. 5: Promotion - retroactive period - specific provision for recalculation within the collective agreement.

An employee occupying a AS-02 position who is earning $42,793 per annum is promoted to an EL-03 position, which is effective on June 17, 2002. The employee's certificate of appointment is dated on May 21, 2002.

The salary on appointment is calculated as per Section 2 of the Promotion module. The rate of pay determined for the employee's salary on appointment to the represented EL-03 position, which is effective on June 17, 2002, is $47,344, the 7th step of the rates of pay.

The EL collective agreement is signed on July 24, 2002, and the employee is entitled to a retroactive revision for the EL-03 position.

The retroactive period for the EL collective agreement is from the effective date of the revision on September 1, 2001, up to and including the day prior to the day of signing the Agreement on July 23, 2002.

The certificate of appointment is dated on May 21, 2002, which is within the retroactive period. At that time, the EL collective agreement had a special provision, which allowed for a recalculation of salaries on appointment.

Under the Pay Adjustment Administration, Note 5. (d), states:

"For promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with clauses 54.03, 54.04, 54.05 and 54.06 of the Agreement, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee previously received, then 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;"

AS-02: Subject to a collective agreement signed on November 19, 2001.

B

Effective June 21, 2001

C

Effective June 21, 2002

B

42,793

44,419

46,107

C

43,863

45,529

47,260

EL-03: Subject to a collective agreement signed on July 24, 2002.

X

Effective September 1, 2001 (Restructure)

A

Effective September 1, 2001

B

Effective September 1, 2002

C

Effective September 1, 2003

Lowest pay increment

$

34,822

36,320

37,829

39,333

40,836

44,088

47,344

49,238

X

39,333

40,836

44,088

47,344

49,238

A

40,434

41,979

45,322

48,670

50,617

1,545

B

41,445

43,028

46,455

49,887

51,882

C

42,398

44,018

47,523

51,034

53,075

Calculation on July 24, 2002: Promotion within the retroactive period

  • AS-02 rate of pay is effective on June 17, 2002

$42,793 (minimum)

  • Difference between the maximums (EL-03 and AS-02)

$4,510 ($50,617 - $46,107)

  • Since the difference between the maximums is $4,510, which is greater than the lowest pay increment of $1,545, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the EL-03 to the AS-02 salary, and the employee is paid $45,322.

$45,322 (3rd step)

($42,793 + $1,545 = $44,338)

After the recalculation of the promotion, due to the EL revision, the rate of pay determined for the employee's salary on appointment, which is effective on June 17, 2002, is revised as per the promotion rule. It is now paid at the 3rd step of the EL-03 position, at a rate of pay of $45,322, which is less than the rate of pay the employee was previously receiving.

Therefore, the revised rate of pay is the rate that is nearest to but not less than the rate of pay being received prior to the revision, in accordance with the Pay Adjustment Administration, Note 5. (d), of the EL collective agreement.

The employee's revised salary on appointment to the EL-03 position, which is effective on June 17, 2002, is $48,670, the 4th step of the rates of pay.


Appendix A - Reference chart - Implementation of retroactive rates of pay

Employee means any person employed by a department or agency listed in Part I, Schedule I of the Public Service Staff Relations Act hired for a specified period (over and under three (3) months) or on an indeterminate, part-time, seasonal, casual or "as and when required" basis.

Employees represented
by a bargaining agent

Excluded and
unrepresented employees
1

Employees in the
Executive group

Prior to 1992

Rates of pay recalculated.

Rates of pay recalculated.

Rates of pay recalculated.

1992 to July 26, 1999

If the rate of pay after recalculation is less than the rate of pay the employee is receiving prior to the recalculation, then the employee shall be paid the rate nearest to but not less than the previous rate of pay.

If the rate of pay after recalculation is less than the rate of pay the employee is receiving prior to the recalculation, then the employee shall be paid the rate nearest to but not less than the previous rate of pay.

If the rate of pay after recalculation is less than the rate of pay the employee is receiving prior to the recalculation, the employee shall be paid the rate nearest to but not less than the previous rate of pay.

July 27, 1999

Lajoie decision: Revise "straight down" unless a specific provision is introduced in the collective agreement authorizing recalculations.

October 19, 2000

Lajoie decision: Revise "straight down" unless a specific provision is introduced in the collective agreement authorizing recalculations.

Lajoie decision 2 or better

Lajoie decision 2 or better

February 28, 2002

Lajoie decision: Revise "straight down" unless a specific provision is introduced in the collective agreement authorizing recalculations.

Lajoie decision

Lajoie decision

November 2002

Lajoie decision: Revise "straight down" unless a specific provision is introduced in the collective agreement authorizing recalculations.

With the exception of the EC collective agreement that is signed on June 27, 2001, and the TR collective agreement signed June 28, 2001, the Lajoie decision or better is applicable.

June 2, 2003

For collective agreements signed after the signatures of the Letters of Understanding (LOUs)

Recalculation of the rate of pay.

  • If the rate of pay after recalculation is less than the rate of pay the employee is receiving prior to the recalculation, then the employee shall be paid the rate nearest to but not less than the previous rate of pay.

or

  • "Straight down" revision of the rates of pay (method used for the Lajoie decision).

Recalculation of the rate of pay.

  • If the rate of pay after recalculation is less than the rate of pay the employee is receiving prior to the recalculation, then the employee shall be paid the rate nearest to but not less than the previous rate of pay.

or

  • "Straight down" revision of the rates of pay (method used for the Lajoie decision).

Recalculation of the rate of pay.

  • If the rate of pay after recalculation is less than the rate of pay the employee is receiving prior to the recalculation, then the employee shall be paid the rate nearest to but not less than the previous rate of pay.

or

  • "Straight down" revision of the rates of pay (method used for the Lajoie decision).

1 The classifications that are considered as unrepresented employees are the CA, MM, OM, PE groups and students.

2 The Lajoie decision is only applied when the higher position is represented, and the Lajoie decision or better is applied when the higher level position is excluded or unrepresented.