ARCHIVED - Equalization Readjustment: Settlement of Complaint with the Canadian Human Rights Commission - Library Science Group

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Circular No.: 1992-5

Date: May 4, 1992

To: Directors of Personnel

Chiefs of Classification

Heads of bargaining agents and

Treasury Board (internal)

Subject: Equalization Readjustment: Settlement of Complaint with the Canadian Human Rights Commission - Library Science Group

General

1. The Secretary of the Treasury Board has authorized the payment of a further equalization readjustment to all classes of employees in the LS Group. Employees who are not subject to collective bargaining in departments and agencies listed under Schedule I, Part I of the Public Service Staff Relations Act (PSSRA) are included. The readjustment equalizes wages on a total compensation basis with employees in the Historical Research Group (HR) for the period October 1, 1990, to March 31, 1993. It also recognizes the total equalization adjustment entitlements already issued as bi-weekly payments on the basis of PMM Bulletin 90-3 dated January 8, 1990.
2. This equalization readjustment circular, which supersedes PMM Bulletin 90-3, is issued in accordance with the terms of the settlement of the complaint under section 11 of the Canadian Human Rights Act, which was announced by the Canadian Human Rights Commission on December 17, 1980.
3. Departments must reconstruct entitlements during the retroactive period. The base rate of pay is as indicated in the existing and previous LS collective agreements. The applicable equalization readjustment is to be recorded and reported as a separate entitlement.

Eligibility

4. All classes of employees in the LS Group for whom the Treasury Board is the Employer are entitled to the readjustment. This includes employees who are appointed for a specified period (over and under six months), as well as indeterminate, part-time and seasonal employees. It does not include individuals working under contract or employed through an agency or separate employer.

Former Employees

5. The adjustment also applies to former employees described above who, regardless of the reason, were struck off strength during the retroactive period, and who were employed by a department or agency under Schedule I,Part I of the PSSRA, provided they apply in writing within six months of the date of this bulletin.

Promotion, transfer and acting pay

6. Treasury Board 787789 of April 14, 1983, provides that the equalization adjustment is to be considered as part of the rate of pay for purposes of promotion, transfer and acting situations, except in cases where this would result in a lower rate of pay. When determining the rate of pay, the calculation must be performed with and without the equalization adjustment and the employee is paid the better of the two calculations.

Calculation of readjustment

1. Employees in the LS Group have been receiving ongoing adjustments equivalent to the difference in salary and benefits between the LS and HR collective agreements.
2. Since October 1, 1990, LS employees have been receiving an interim bi-weekly adjustment based on rates of pay and benefits prevailing immediately prior to the expiry of the HR collective agreement (September 30, 1990).
3. Since then, a new collective agreement has been signed for the HR Group and the LS Group has received new rates of pay. The revised equalization payments, as shown in Annexes A and B, have been recalculated each time there was a change in the rates of pay in either of the collective agreements.
4. The amount must be prorated for those employees who were not in the LS Group or who did not stay at the same level for the full retroactive period, or who had periods of leave without pay.

Application to Other Entitlements

8. As the readjustment forms part of salary, all entitlements and deductions based on salary must be calculated in terms of over/under payment amount, and adjusted accordingly e.g., overtime, severance pay, payment of unused annual leave, four per cent in lieu of vacation leave, superannuation, etc.

Employees in Receipt of Acting Pay

9. Equalization readjustments for a period in which employees are receiving acting pay shall be calculated on the basis of the readjustment that applies to the level in which the employee is acting.

Allotment of Costs

10. Services Pay Directive 1983-110(29), which was issued to cover equalization adjustments, shall be applied. These costs should be charged to your salary allotment and be taken into account in any claim against Treasury Board Vote 5, Contingencies for Salary Shortfalls.

Cancellation

11. PMM Bulletin 90-3 dated January 8, 1990, is hereby cancelled.

Additional Information

12. Requests for additional information or clarification about the pay aspects of this settlement should be directed to:
    
    Collective Agreement
    Administration Section
    Personnel Policy Branch
    Treasury Board Secretariat
    Ottawa, Ontario
    K1A 0R5
    
    Telephone: 952-3201, 952-3192 or 952-2965
    
    
13. For further information on this settlement, queries should be directed to:

Equal Pay Section
Classification Management and Equal Pay Group
Personnel Policy Branch
Treasury Board Secretariat
Ottawa, Ontario
K1A 0R5

Telephone: 952-3176 or 952-3180

Lise Ouimet,
Assistant Secretary,
Classification, Equal Pay,
Information and Pay Division

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Annex A - Library science group: Equalization adjustments schedule

From 1990-10-01 to 1992-03-31

	Revised adjust	Current adjust	Under payment	Days in period	Under adjust for period
LS-1
Annual	5655.41	4033.47	1621.94	392	2437.14
Bi-weekly	216.78	154.61	62.17
Daily	21.68	15.46	6.22
LS-2
Annual	5646.87	3758.26	1888.61	392	2837.84
Bi-weekly	216.46	144.06	72.40
Daily	21.65	14.41	7.24
LS-3
Annual	6364.65	4240.47	2124.18	392	3191.81
Bi-weekly	243.97	162.54	81.43
Daily	24.40	16.25	8.14
LS-4
Annual	3120.90	872.27	2248.63	392	3378.81
Bi-weekly	119.63	33.44	86.19
Daily	11.96	3.34	8.61
LS-5
Annual	7260.12	4620.35	2639.77	392	3966.54
Bi-weekly	278.29	177.11	101.18
Daily	7.83	17.71	10.12

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Annex B - Library science group: Equalization adjustments schedule

From 1992-04-01 to 1993-03-31

	Revised annual adjust.	Days in period	Adjust for period	Revised bi-weekly adjust.	Revised daily adjust.
LS-1
1992-04-01 - 1992-09-30	4771.14	131	2395.81	182.89	18.29
1992-10-01 - 1993-03-31	5824.80	130	2924.90	223.28	22.33
LS-2
1992-04-01 - 1992-09-30	4589.12	131	2304.41	175.91	17.59
1992-10-01 - 1993-03-31	5816.13	130	2898.26	222.94	22.29
LS-3
1992-04-01 - 1992-09-30	5175.41	131	2598.81	198.38	19.84
1992-10-01 - 1993-03-31	6555.55	130	3266.72	251.29	25.13
LS-4
1992-04-01 - 1992-09-30	1753.50	131	880.51	67.22	6.72
1992-10-01 - 1993-03-31	3214.54	130	1601.85	123.22	12.32
LS-5
1992-04-01 - 1992-09-30	5762.82	131	2893.78	220.90	22.09
1992-10-01 - 1993-03-31	7520.10	130	3747.37	288.26	28.83