Treasury Board of Canada Secretariat
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Program and Administrative Services - (AS, CM, CR, DA, IS, OE, PM, ST, WP)


Appendix E

Letter of Intent
Between the
Treasury Board of Canada
and the
Public Service Alliance of Canada
Regarding Employees in the PM Group
Performing Functions Associated with
the Service Delivery Specialists and
Medical Adjudicator Positions in the
Income Security Program

To address the issue raised at the table concerning Human Resources Development Canada (HRDC), the Employer will ensure the Memorandum of Settlement signed between HRDC and the National Health and Welfare Union with respect to employees in the PM group performing functions associated with the Service Delivery Specialists and Medical Adjudicator positions in the Income Security Program is applied consistently.

The text of the above‑mentioned memorandum is attached for information purposes only.


Memorandum of Settlement

Grievance alta.‑98‑022
(Service Delivery Specialists)

Between

Human Resources Development Canada
referred to as "The Employer"

and

the National Health And Welfare Union, a component of PSAC

referred to as "The Union"

The signatories to this Agreement hereby agree:

  1. The Employer recognizes that membership in and licensing by a professional registered nursing association in any jurisdiction in Canada can be considered as part of an individual's learning plan; The Employer does not recognize such membership as an on‑going requirement of the positions described below.
  2. In support to the Employer's vision to maintain a continuing learning environment which is supportive of individual needs, the Employer recognizes employees performing the functions associated with the Service Delivery Specialists and Medical Adjudicator positions in the Income Security Program, whether in initial disability adjudication, reconsideration, re‑assessment, rehabilitation or any similar position relying on a similar body of knowledge, or in positions supervising said specialists or similar positions who as a regular part of their work, rely on the medical knowledge obtained through education and training and/or registration as a Registered Nurse, as individuals who could benefit from the learning plan recognized in paragraph 1.
  3. The Employer agrees to reimburse the individuals recognized in the preceding paragraphs, who request such reimbursement, the license and membership fees required to maintain their status as a Registered Nurse in one of the licensing jurisdictions in Canada; reimbursement will be dependent on provision of proof of payment in accordance with established financial reimbursement policies.
  4. The reimbursement of the license and membership fees will be done in support of the Employer's commitment to continued learning.
  5. The Employer agrees to reimburse the aforementioned license and membership fees retroactively up to March 1997.
  6. The Union will withdraw all grievances requesting reimbursement of license and membership fees currently residing at the Final Level of the Employer's grievance procedures.
  7. This settlement shall not constitute a precedent and is without prejudice to any position the Employer or the Union may wish to take in future cases, involving similar matters or circumstances.

Date at: March 19, 1999

Originally signed by:

Monique Plante
For HRDC

A.J. McIntyre
For NH &WU


Appendix F

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada with Respect to Implementation of the Collective Agreement

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of the implementation period of the collective agreement.

The provisions of this collective agreement shall be implemented by the parties within a period of one hundred and fifty (150) days from the date of signing.


Appendix G

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada with Respect to Occupational Group Structure Review and Classification Reform

This memorandum is to give effect to the agreement reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administration Services, Operational Services, Technical Services, Border Services and Education and Library Science bargaining units.

The Employer is committed to engaging in meaningful consultation with the Alliance with respect to the review and redesign of the Occupational Group Structure (OGS), followed by meaningful consultation regarding the Classification Reform.

Meaningful consultation on Classification Reform will include consultation on the development of standards which reflect and measure, in a gender neutral manner, elements including skill, effort, responsibility and working conditions of the work performed by employees in occupational groups covered by new standards.

This exercise has begun with the review of the PA group, and will later be expanded to all groups. The timeline for the other groups are to be discussed in the context of this initial phase.

The consultation and work on the OGS shall continue and the initial phase of OGS review and redesign is anticipated to be completed prior to December.

The agreement cannot be interpreted as a relinquishment of management rights over classification or as a guarantee that a consensus can be reached on any of the outcomes of the consultation themselves.


Appendix H

Memorandum of Understanding
Salary Protection - Red Circling

General

  1. This Memorandum of Understanding cancels and replaces the Memorandum of Understanding entered into between the Treasury Board and the Public Service of Alliance of Canada on June 9, 1978.
  2. This Memorandum of Understanding shall remain in effect until amended or cancelled by mutual consent of the parties.
  3. This Memorandum of Understanding supersedes the Regulations respecting Pay on Reclassification or Conversion where the Regulations are inconsistent with the Memorandum of Understanding.
  4. Where the provisions of any collective agreement differ from those set out in the Memorandum of Understanding, the conditions set out in the Memorandum of Understanding shall prevail.
  5. This Memorandum of Understanding will form part of all collective agreements to which the Public Service Alliance of Canada and Treasury Board are parties, with effect from December 13, 1981.

Part I

Part I of this Memorandum of Understanding shall apply to the incumbents of positions which will be reclassified to a group and/or level having a lower attainable maximum rate of pay after the date this Memorandum of Understanding becomes effective.

Note: The term "attainable maximum rate of pay" means the rate attainable for fully satisfactory performance in the case of levels covered by a performance pay plan or the maximum salary rate in the case of all other groups and levels.

  1. Prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing.
  2. Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection Status and subject to Section 3(b) below shall apply until the position is vacated or the attainable maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level. Determination of the attainable maxima rates of pay shall be in accordance with the Retroactive Remuneration Regulations.
  3.  
    1. The Employer will make a reasonable effort to transfer the incumbent to a position having a level equivalent to that of the former group and/or level of the position.
    2. In the event that an incumbent declines an offer of transfer to a position as in (a) above in the same geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for the reclassified position.
  4. Employees subject to Section 3, will be considered to have transferred (as defined in the Public Service Terms and Conditions of Employment Regulations) for the purpose of determining increment dates and rates of pay.

Part II

Part II of the Memorandum of Understanding shall apply to incumbents of positions who are in holding rates of pay on the date this Memorandum of Understanding becomes effective.

  1. An employee whose position has been downgraded prior to the implementation of this memorandum and is being paid at a holding rate of pay on the effective date of an economic increase and continues to be paid at that rate on the date immediately prior to the effective date of a further economic increase, shall receive a lump sum payment equal to 100% of the economic increase for the employee's former group and level (or where a performance pay plan applied to the incumbent, the adjustment to the attainable maximum rate of pay) calculated on his annual rate of pay.
  2. An employee who is paid at a holding rate on the effective date of an economic increase, but who is removed from that holding rate prior to the effective date of a further economic increase by an amount less than he would have received by the application of paragraph 1 of Part II, shall receive a lump sum payment equal to the difference between the amount calculated by the application of paragraph 1 of Part II and any increase in pay resulting from his removal from the holding rate.

Signed at Ottawa, this 9th day of the month of February 1982.


**Appendix I

Letter of Understanding
Between the
Treasury Board
and the
Public Service Alliance of Canada

With Respect to the Transformation of Pay Administration Initiative:

This letter is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administrative Services bargaining unit.

The Employer is committed to engaging in meaningful consultation with the Alliance regarding the implementation of the Transformation of Pay Administration Initiative (TPA) with a view to minimizing adverse effects on employees.

The parties further agree to meet within sixty (60) days of the signing date of this Agreement.


**Appendix J

Memorandum of Understanding
Between
the Treasury Board
(hereinafter called the Employer)
and
the Public Service Alliance
of Canada
(hereinafter called the Alliance)
in Respect of the
Program and Administrative Services Group –
Retention Allowance for the AS-02 Compensation Advisors

  1. In an effort to increase retention of AS-02 Compensation Advisors, the Employer will provide an allowance to incumbents of AS-02 Compensation Advisor positions for the performance of Compensation and Benefit duties in the Program and Administrative Services Group.
  2. The parties agree that AS-02 Compensation Advisors who perform the duties of positions identified above shall be eligible to receive a "Retention Allowance'' in the following amounts and subject to the following conditions:
    1. Commencing on June 21st, 2011, and ending June 20, 2014, AS‑02 Compensation Advisors who perform the duties of positions identified above shall be eligible to receive an allowance to be paid biweekly;
    2. The employee shall be paid the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix A of the collective agreement. This daily amount is equivalent to the annual amount set out below divided by two hundred and sixty decimal eight eight (260.88);
      • Retention Allowance
          Annual Daily
        AS-02 Compensation Advisors $2,000 $7.67
    3. The Retention Allowance specified above does not form part of an employee's salary;
    4. The Retention Allowance will be added to the calculation of the weekly rate of pay for the maternity and parental allowances payable under article 38 and 40 of this collective agreement;
    5. Subject to (f) below, the amount of the Retention Allowance payable is that amount specified in paragraph 2(b) for the level prescribed in the certificate of appointment of the employee's AS‑02 position;
    6. When an AS-02 Compensation Advisor is required by the Employer to perform duties of a higher classification level in accordance with clause 64.07, the Retention Allowance shall not be payable for the period during which the employee performs the duties of a higher level.
  3. A part-time AS-02 Compensation Advisor shall be paid the daily amount shown above divided by seven decimal five (7.5), for each hour paid at their hourly rate of pay.
  4. An employee shall not be entitled to the allowance for periods he/she is on leave without pay or under suspension.
  5. This Memorandum of Understanding expires on June 20th, 2014.

Signed at Ottawa, this 4th day of the month of October 2010.


**Appendix K

Letter of Understanding
Concerning the Various Impacts of the Use of Seniority in the Administration of the Shift Schedules for Employees of the Program and Administrative Services Group

This letter is to give effect to the understanding reached by the Employer and the Alliance in negotiations for the renewal of the agreement covering the Program and Administrative Services (PA) bargaining unit.

Accordingly, the Employer agrees to conduct a study regarding the impacts of shift schedules on employees in various departments and what impact seniority in the administration of shift schedules will have on departments and employees. The Employer commits to informing the PSAC of the design of the study, and further agrees to share and discuss the findings with the bargaining agent.

This study will be commenced within ninety (90) days following the signing of the collective agreement and completed prior to December 31, 2012.