Part E - Pay and Duration

Article E1 - Pay

E1.01 Except as provided herein, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

E1.02 An employee is entitled to be paid for services rendered at:

1. the pay specified in Appendix "A" for the classification of the position to which such employee is appointed, if the classification coincides with that prescribed in his or her certificate of appointment, or
2. the pay specified in Appendix "A" for the classification prescribed in the employee's certificate of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

E1.03 The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.

E1.04 Rates of Pay

Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of the collective agreement the following shall apply:

1. "retroactive period" for the purpose of clauses (b) to (e) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day the collective agreement is signed or when an arbitral award is rendered therefore;
2. a retroactive upward revision in rates of pay shall apply to employees, former employees or, in case of death, the estates of former employees, who were employees in the bargaining unit during the retroactive period;
3. rates of pay shall be paid in an amount equal to what would have been paid had the collective agreement been signed or an arbitral award rendered therefore on the effective date of the revision in rates of pay;
4. in order for former employees or, in the case of death, for former employees' representatives to receive payment in accordance with clause (c), the Employer shall notify by registered mail such individuals at their last known address that they have thirty (30) days from the date of receipt of the registered letter to request in writing such payment, after which time any obligation upon the Employer to provide payment ceases;
5. no payment or notification shall be made pursuant to clause E1.04 for one dollar ($1.00) or less.

E1.05 Pay Administration

When two or more of the following actions occur on the same date, namely appointment, pay increment, or pay revision, the employee's rate of pay shall be calculated in the following sequence:

1. the employee shall receive his or her pay increment;
2. the employee's rate of pay shall be revised;
3. the employee's rate of pay on appointment shall be established in accordance with this Agreement.

E1.06 Acting Pay

When an employee is required by the Employer to perform the duties of a higher classification level on an acting basis for a period of at least three (3) consecutive working days, such employee shall be paid acting pay calculated from the date on which the employee commenced to act as if such employee had been appointed to that higher classification level for the period in which such employee acts. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.

E1.07 This Article is subject to the Memorandum of Understanding signed by the Treasury Board and the Professional Institute of the Public Service of Canada dated July 21, 1982, in respect of red-circled employees until such time as the Employer and the Professional Institute of the Public Service of Canada agree to a Canadian Food Inspection Agency approach to red-circling at which time the Treasury Board Memorandum of Understanding shall cease to apply.

Article E2 - National Joint Council Agreements

** E2.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be included in a Collective Agreement, and which the parties to this Agreement have endorsed after December 6, 1978, and as amended from time to time, will form part of this Collective Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation enacted by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Section 113 of the PSLRA.

E2.02 The NJC items which may be included in a Collective Agreement are those items which parties to the NJC Agreements have designated as such or upon which the Chairman of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

1. The following directives, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board of Canada, form part of this Collective Agreement:
   • (i) Bilingualism Bonus Policy
   • (ii) Commuting Assistance Directive
   • (iii) Foreign Service Directives
   • (iv) Isolated Posts and Government Housing Directive
   • (v) Memorandum of Understanding on the definition of spouse
   • (vi) Public Service Health Care Plan Directive
   • (vii) Relocation - IRP Directive
   • (viii) Travel Directive
   • (ix) Uniforms Directive

   Occupational Safety and Health

   • (x) Boiler and Pressure Vessels Directive
   • (xi) Committees and Representatives Directive
   • (xii) Electrical Directive
   • (xiii) Elevated Work Structures Directive
   • (xiv) Elevating Devices Directive
   • (xv) First Aid Directive
   • (xvi) First Aid Allowance Directive
   • (xvii) Hazardous Confined Spaces Directive
   • (xviii) Hazardous Substances Directive
   • (xix) Materials Handling Directive
   • (xx) Motor Vehicle Operations Directive
   • (xxi) Noise Control and Hearing Conservation Directive
   • (xxii) Personal Protective Equipment and Clothing Directive
   • (xxiii) Pesticides Directive
   • (xxiv) Refusal to Work Directive
   • (xxv) Sanitation Directive
   • (xxvi) Tools and Machinery Directive
   • (xxvii) Use and Occupancy of Buildings Directive
2. During the term of this Collective Agreement, other directives may be added to the above noted list.
3. Grievances in regard to the above directives shall be filed in accordance with clause C9.25.

Article E3 - Agreement Re-Opener

E3.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one (1) calendar month after receipt of such notice.

Article E4 - Duration

** E4.01 The duration of this Collective Agreement shall be from the date it is signed to May 31, 2011.

E4.02 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date it is signed.

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