Part E - Pay and Duration

Article E1 - Pay

E1.01 Except as provided in clauses E1.01 to E1.08 inclusive, and the Notes to Appendix "A" of this Agreement, 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 he is appointed, if the classification coincides with that prescribed in his 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 such 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 Only rates of pay and compensation for overtime which has been paid to an employee during the retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the employee.

E1.05 Pay Administration

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

1. the employee shall receive his 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 Rates of Pay

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

1. "retroactive period" for the purpose of subparagraphs (b) to (f) means the period from the effective date of the revision up to and including the day before 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 the case of death, the estates of former employees, who were employees in the bargaining unit during the retroactive period;
3. for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;
4. for promotions, demotions, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Policy, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, 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. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;
5. in order for former employees, or in the case of death for the former employees' representatives, to receive payment in accordance with sub-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;
6. no payment nor notification shall be made pursuant to sub-clause (b) for one dollar ($1.00) or less.

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.

E1.08 Acting Pay

When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the required number of three (3) consecutive working days, such employee shall be paid acting pay calculated from the date on which he 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.

E1.09 If, during the term of this Agreement a new classification standard for the group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Institute the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

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 will form part of this Collective Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation 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 Secretariat form part of this collective agreement:

   • - Bilingualism Bonus Directive;
   • - Commuting Assistance Directive;
   • - Foreign Service Directives;
   • - Isolated Posts and Government Housing Directive;
   • - Memorandum of Understanding on the definition of spouse;
   • - Public Service Health Care Plan Directive;
   • - NJC Integrated Relocation Directive;
   • - Travel Directive;
   • - Uniforms Directive;

   HEALTH/SAFETY

   • - Boiler and Pressure Vessels Directive;
   • - Committees and Representatives Directive;
   • - Electrical Directive;
   • - Elevated Devices Directive;
   • - Elevated Work Structures Directive;
   • - First-Aid Directive;
   • - First-Aid Allowance Directive;
   • - Hazardous Confined Spaces Directive;
   • - Hazardous Substances Directive;
   • - Materials-handling Directive;
   • - Motor Vehicle Operations Directive;
   • - Noise Control and Hearing Conservation Directive;
   • - Personal Protective Equipment and Clothing Directive;
   • - Pesticides Directive;
   • - Refusal to Work Directive;
   • - Sanitation Directive;
   • - Tools and Machinery Directive;
   • - Use and Occupancy of Buildings Directive.
2. During the term of this Collective Agreement, other directives may be added to the above list.
3. Grievances in regard to the above directives shall be filed in accordance with clause C10.25 of the grievance procedure in this Collective Agreement.

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 September 30, 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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