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Rate of pay when a change in exclusion status occurs



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.

annual rate (taux annuel)

appointment document (document de nomination)

certificate of appointment (certificat de nomination)

excluded position (poste exclu)

letter of authorization (lettre d'autorisation)

lowest pay increment (plus faible augmentation (de l'échelle de rémunération))

one rate of pay (un taux de rémunération)

performance pay (rémunération au rendement)

probationary period (stage)

represented employee (employé représenté)

senior excluded level (niveau supérieur exclu)

unrepresented employee (employé non représenté)

2. Different positions, same classification and level

Subject to Sections 3 and 4 of this module, where a designated excluded employee occupying an excluded position is deployed or transferred to a represented position while retaining the same classification and level (or vice versa), and the classification level of that position has different rates of pay for excluded and represented employees, the salary rate shall be determined in accordance with promotion, deployment on transfer by appointment or demotion rules, as applicable.

Example 1: From an excluded position to a represented position

An employee occupying an AS-07 excluded position and remunerated as per the Performance Pay Administration Policy for Certain Non-Management Category Senior Excluded Levels at a salary of $74,300 is deployed to a represented AS-07 position, which is effective on December 10, 2001. The employee's certificate of appointment is dated November 26, 2001.

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

A

Effective June 21, 1999

 

Job rate

4% of maximum

      

$

63,362

to

73,750

2,950.00

      

A

64,629

to

75,225

3,009.00

      

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
Calculation
  • AS-07 performance rate of pay on December 10, 2001

$74,300 (within the salary range)
  • Difference between the maximums (performance pay AS-07 and represented AS-07)

$4,966 ($80,191 - $75,225)
  • Since the difference between the maximums is $4,966, which is greater than the lowest pay increment of $2,267 of the represented AS-07, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the represented AS-07 to the AS-07 performance pay salary. The employee is paid $77,834, which is the rate of pay nearest to but not less than $76,567.

$77,834 (4th step)

($74,300 + $2,267 = $76,567)

The employee's salary on deployment, which is effective on December 10, 2001, is $77,834. This is the 4th step in the represented salary range of the AS-07.

Note: The employee's increment date will be established in accordance with Section 4.3 of the Pay increments module. The increment period for the AS-07 excluded position is considered the same as the AS-07 represented position. The employee's last increment in the AS-07 excluded position was effective on April 1, 2001. The employee's next increment in the AS-07 represented position will be effective the first Monday following the increment period of 52 weeks, which is on Monday, April 1, 2002.

Example 2: From an excluded position to a represented position

An employee occupying an AS-07 excluded position and remunerated as per the Performance Pay Administration Policy for Certain Non-Management Category Senior Excluded Levels at a salary of $77,800, is deployed to a represented AS-07 position, which is effective on February 18, 2002. The employee's certificate of appointment is dated January 21, 2002.

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

A

Effective June 21, 2000

X

Pay Adjustment - Effective June 21, 2001

B

Effective June 21, 2001

C

Effective June 21, 2002

 

Job rate

4% of maximum

$

64,629

to

75,225

3,009.00

A

66,697

to

77,632

3,105.28

X

68,225

70,818

73,509

75,714

78,007

3,120.28

B

70,135

to

80,191

3,207.64

C

71,888

to

82,196

3,287.84

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
Calculation
  • AS-07 performance rate of pay on February 18, 2002

$77,800 (within the salary range)
  • The two (2) positions have the same maximum rate of pay ($80,191)
  
  • New salary on appointment to the represented AS-07 position

$77,834 (4th step)
  • Since the maximum rate of pay of each of the positions is the same, the deployment and transfer by appointment rules are applied. The employee is entitled to receive the rate of pay that is nearest to but not less than the rate of pay received immediately before the deployment. The employee is entitled to $77,834, (4th step) the rate of pay of the collective agreement, which is nearest to but not less than $77,800.
  

Note: The employee's increment date will be established in accordance with Section 4.3 of the Pay increments module. The increment period for the AS-07 excluded position is the same as for the AS-07 represented position. The employee's last increment in the AS-07 excluded position was effective on April 1, 2001. The employee's next increment in the AS-07 represented position will be effective the first Monday following the increment period of 52 weeks, which is on Monday, April 1, 2002.

Example 3: From a represented position to an excluded position

An employee occupying a represented AS-07 position and remunerated according to the PA collective agreement at a salary of $74,621, is deployed to an AS-07 excluded position, which is effective on June 16, 2003. The employee's certificate of appointment is dated May 26, 2003.

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

 

$

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

C

71,888

74,621

77,456

79,780

82,196

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

A

Effective June 21, 2000

X

Pay Adjustment - Effective June 21, 2001

B

Effective June 21, 2001

C

Effective June 21, 2002

 

Job rate

$

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

C

71,888

to

82,196
Calculation
  • AS-07 represented rate of pay on June 16, 2003

$74,621 (2nd step)
  • The two (2) positions have the same maximum rate of pay ($80,191)
  
  • New salary on appointment to the AS-07 excluded position

$74,621 (within the salary range)
  • Since the maximum rate of pay of each position is the same, the deployment or transfer by appointment rule is applied. The employee is entitled to receive the rate of pay, which is nearest to but not less than the rate of pay received immediately before the deployment. The employee is entitled to $74,621, which is the rate of pay within the performance pay range, and it is the same salary as the employee's previous salary.
  

Note: The employee's increment date and eligibility will be established in accordance with the Performance Pay Administration Policy for Certain Non-Management Category Senior Excluded Levels.

3. Same position, same classification and same level

Subject to Sections 3 and 4 of the Pay increments module, where an employee's position status is changed from excluded to represented while retaining the same classification and level (or vice versa) and where the classification level has different rates of pay for excluded and represented employees, the salary rate shall be determined in accordance with the relevant collective agreement, pay plan or specific terms and conditions of employment.

Example 1: Excluded position de-excluded

The AS-07 excluded position of an employee remunerated as per the Performance Pay Administration Policy for Certain Non-Management Category Senior Excluded Levels at a salary of $74,300 has been reviewed and de-excluded, which is effective on December 10, 2001.

The employee was appointed to the AS-07 excluded position, which was effective on September 14, 1998, with the Letter of Offer (certificate of appointment) dated August 13, 1998.

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

A

Effective June 21, 1999

 

Job rate

4% of maximum

$

63,362

to

73,750

2,950.00

A

64,629

to

75,225

3,009.00

 

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

 

$

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

C

71,888

74,621

77,456

79,780

82,196

Since the employee is now subject to the PA collective agreement, the employee is to be paid for services rendered as per Article 64.02 (a).

Calculation as per the collective agreement
  • AS-07 performance pay rate of pay on December 10, 2001

$74,300
  • The current certificate of appointment is dated August 13, 1998, and specifies the classification of the excluded position to which the employee was appointed substantively, is effective on September 14, 1998, and is an AS-07 position.
  
  • The employee is to be paid for services rendered at the rate of pay specified in Appendix "A", which is within the "C" range, of the PA collective agreement.
  
  • On de-exclusion of the AS-07 position, the employee is paid $75,567, which is the rate of pay nearest to but not less than the rate of pay received previously

$75,567

Since the employee continues to occupy the same position with the same classification and level, the employee is entitled to receive the rate of pay, which is nearest to but not less than the rate of pay received immediately before the de-exclusion. The employee is entitled to the rate of pay of the collective agreement, which is nearest to but not less than $74,300. The amount is $75,567, which is the 3rd step in the AS-07 salary scale.

  

The employee's salary on de-exclusion, which is effective on December 10, 2001, is $75,567. This is the 3rd step in the AS-07 salary scale.

Note: The above-mentioned employee's increment date will be established as per Section 3 of the Pay increments module. The increment period for the AS-07 excluded position is considered the same as the AS-07 represented position. The employee's last increment in the AS-07 excluded position is effective on April 1, 2001. The employee's next increment in the AS-07 represented position will be on the first Monday following the increment period of 52 weeks, which is on Monday, April 1, 2002.

Example 2: Represented position changed to an excluded position

The represented AS-07 position of an employee remunerated according to the PA collective agreement at a salary of $74,621 has been reviewed and has been excluded, which is effective on June 16, 2003.

The employee was appointed to the represented AS-07 position, which is effective on January 30, 2003, with the Letter of Offer (certificate of appointment) dated on January 24, 2003.

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

 

$

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

C

71,888

74,621

77,456

79,780

82,196

 

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

A

Effective June 21, 2000

X

Pay Adjustment - Effective June 21, 2001

B

Effective June 21, 2001

C

Effective June 21, 2002

 

Job rate

$

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

C

71,888

to

82,196

Although the employee is now subject to the Performance Pay Plan, the employee is still subject to the PA collective agreement and Annex A of the Public Service Terms and Condition of Employment Regulations (PSTCER). The employee is paid for services rendered as per Article 64.02 (a) of the PA collective agreement.

Calculation as per the collective agreement
  • AS-07 represented rate of pay on June 16, 2003

$74,621
  • The current certificate of appointment is dated January 24, 2003. This specifies the classification of the represented position to which the employee was appointed substantively, which is effective on January 30, 2003, and is an AS-07 classification.
  
  • The employee is to be paid for services rendered at the rate of pay specified in Appendix "A", which is within the "C" range, of the PA collective agreement.
  
  • On exclusion of the AS-07 position, the employee is paid $74,621, which is the rate of pay nearest to but not less than the rate of pay received previously.

$74,621
  • Since the employee continues to occupy the same position with the same classification and level, the employee is entitled to receive the rate of pay, which is nearest to but not less than the rate of pay received immediately before the exclusion. The employee is entitled to the rate of pay of $74,621, which is within the AS-07 performance pay plan.
  

The employee's salary on exclusion, which is effective on June 16, 2003, is $74,621.

Note: The employee's increment date and eligibility will be established in accordance with the Performance Pay Administration Policy for Certain Non-Management Category Senior Excluded Levels.

4. No classification level in the collective agreement

When the collective agreement does not provide a scale or range of rates for the classification group and level of the employee, such as MT-08 and WP-07, the employee shall be accorded the rate of pay established for excluded employees at similar levels.

5. During the employee's probationary period (PSEA 28.1)

This section applies when an employee's position status is changed during their probationary period, whether the same position or a different position and where the classification and level are retained. The employee shall be paid in the reviewed position at the rate they would receive if they had been appointed to that position on the same date that they were appointed to the former position.

Example 1: Excluded position de-excluded during the employee's probationary period

An employee is appointed to a represented GT-07 position from outside the Public Service. The salary on appointment is above the minimum and is $74,759 per annum. The appointment is effective on January 6, 2003, and the employee is subject to a probationary period, which ends on January 5, 2004.

The employee is promoted to an AS-07 excluded position, which is effective on February 10, 2003, at a salary of $78,047, and is within the AS-07 performance pay range. The employee's certificate of appointment is dated January 24, 2003.

The excluded AS-07 position is de-excluded and is effective on May 8, 2003.

January 6, 2003: - Initial Appointment - Subject to a probationary period.
GT-07: 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

 

$

62,542

64,646

66,750

68,749

71,498

A

64,543

66,715

68,886

70,949

73,786

B

66,350

68,583

70,815

72,936

75,852

C

68,009

70,298

72,585

74,759

77,748

February 10, 2003: Appointment within probationary period.
AS-07: Rates of pay not authorized by a collective agreement.
A letter of authorization 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

4% of maximum

$

64,629

to

75,225

3,009.00

A

66,697

to

77,632

3,105.28

X

68,225

70,818

73,509

75,714

78,007

3,120.28

B

70,135

to

80,191

3,207.64

C

71,888

to

82,196

3,287.84

February 10, 2003: Appointment within probationary period.
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

C

71,888

74,621

77,456

79,780

82,196

2,324

May 8, 2003: Change in position - de-excluded - Within probationary period.
AS-07: Subject to a collective agreement signed on November 19, 2001.

A

Effective June 2, 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

C

71,888

74,621

77,456

79,780

82,196

2,324
Calculation (performance pay range) for appointment effective on February 10, 2003
  • GT-07 rate of pay on February 10, 2003

$74,759 (4th step)
  • Difference between the maximum (AS-07 and GT-07)

$4,448 ($82,196 - $77,748)
  • Since the difference between the maximums is $4,448, which is greater than $3,287.84 or four per cent (4%) of the job rate of the AS-07 excluded position, the appointment is a promotion. The employee's rate of pay is determined by adding four per cent (4%) of the job rate of the AS-07 to the GT-07 salary, and the employee is paid $78,047.

$78,046.84

($74,759 + $3,287.84)

Since a collective agreement exists for the AS-07, a second calculation must be performed to determine the rate payable if the employee would have been subject to a collective agreement.

Calculation (subject to a collective agreement) for appointment effective on February 10, 2003
  • GT-07 is equivalent to the rate of pay on February 10, 2003

$74,759 (4th step)
  • Difference between the maximum (AS-07 and GT-07)

$4,448 ($82,196 - $77,748)
  • Since the difference between the maximums is $4,448, which is greater than the lowest pay increment of $2,324, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the AS-07 to the GT-07 salary. The employee is paid $77,456, which is the rate of pay that is nearest to but not less than $77,083.

$77,456 (3rd step)

($74,759 + $2,324 = $77,083)
Comparison between the two calculations for appointment effective on February 10, 2003
  • Salary calculated based on the four per cent (4%) of the job rate

$78,047.00
  • Promotion regulations with existing collective agreement - AS-07 salary

$77,456 (3rd step)

After comparing the two calculations, the rate of pay determined for the employee's salary on appointment, which is effective on February 10, 2003, is $78,047. This is within the AS-07 performance pay range.

Effective May 8, 2003, the employee's position status changes during the probationary period from being excluded to being represented.

Calculation for de-exclusion effective on May 8, 2003
  • GT 07 rate of pay on February 9, 2003

$74,759 (4th step)
  • Difference between the maximums (represented AS-07 and GT-07)

$4,448 ($82,196 - $77,748)
  • Since the difference between the maximums is $4,448, which is greater than the lowest pay increment of $2,324, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the AS-07 to the GT-07 salary. The employee is paid $77,456, which is the rate of pay that is nearest to but not less than $77,083.

$77,456 (3rd step)

($74,759 + $2,324 = $77,083)

The employee's salary on de-exclusion is effective on May 8, 2003. This is based on the rate of pay the employee would be receiving in that position (AS-07 de-excluded) if the employee had been appointed to it (AS-07 de-excluded) on the date that they were appointed to the former position, which is on February 10, 2003 (AS-07 excluded). The calculation is based on the GT-07 salary (initial appointment) and the represented AS-07 pay rate scale.

The employee's salary on May 8, 2003 (de-exclusion) will be $77,456. This is the 3rd step of the AS-07 pay rate scale.

Note: The above-mentioned employee's increment date will be established as per Section 3 of the Pay increments module. The increment period for the represented AS-07 position is considered the same as the AS-07 excluded position. The employee's next increment in the represented AS-07 position will be calculated based the effective date of February 10, 2003, which will be on the first Monday following the increment period of 52 weeks, which is Monday, February 9, 2004.

Example 2: Represented position, excluded during the employee's probationary period

An employee is appointed to a represented GT-07 position from outside the Public Service. The salary on appointment is above the minimum and is $74,759, per annum. The appointment is effective on March 20, 2003, and the employee is subject to a probationary period, which ends on March 19, 2004.

The employee is promoted to a represented AS-07 position, which is effective on April 14, 2003, at a salary of $77,456. This is the 4th step in the AS-07 pay rate scale. The employee's certificate of appointment is dated March 17, 2003.

The represented AS-07 position becomes excluded and is effective on June 4, 2003.

March 20, 2003: Initial Appointment - Subject to a probationary period.
GT-07: 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

 

$

62,542

64,646

66,750

68,749

71,498

A

64,543

66,715

68,886

70,949

73,786

B

66,350

68,583

70,815

72,936

75,852

C

68,009

70,298

72,585

74,759

77,748

April 14, 2003: Appointment during probationary period.
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

C

71,888

74,621

77,456

79,780

82,196

2,324

June 4, 2003: Change in position - excluded - Within probationary period.
AS-07: Rates of pay not authorized by a collective agreement.
A letter of authorization 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

4% of maximum

$

64,629

to

75,225

3,009.00

A

66,697

to

77,632

3,105.28

X

68,225

70,818

73,509

75,714

78,007

3,120.28

B

70,135

to

80,191

3,207.64

C

71,888

to

82,196

3,287.84
Calculation for appointment effective April 14, 2003
  • GT-07 rate of pay on April 14, 2003

$74,759 (4th step)
  • Difference between the maximum (AS-07 and GT-07)

$4,448 ($82,196 - $77,748)
  • Since the difference between the maximums is $4,448, which is greater than the lowest pay increment of $2,324, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the AS-07 to the GT-07 salary. The employee is paid $77,456, which is the rate of pay that is nearest to but not less than $77,083.

$77,456 (3rd step)

($74,759 + $2,324 = $77,083)

Effective June 4, 2003, the employee's position status changes during the probationary period from represented to excluded.

Calculation (performance pay range) for exclusion effective on June 4, 2003
  • GT-07 rate of pay on April 14, 2003

$74,759 (4th step)
  • Difference between the maximum (excluded AS-07 and GT-07)

$4,448 ($82,196 - $77,748)
  • Since the difference between the maximums is $4,448, which is greater than $3,287.84 or four per cent (4%) of the job rate of the AS-07 excluded position, the appointment is a promotion. The employee's rate of pay is determined by adding four per cent (4%) of the job rate of the AS-07 to the GT-07 salary, and the employee is paid $78,047.

$78,046.84

($74,759 + $3,287.84)

Since a collective agreement exists for the AS-07, a second calculation must be performed to determine the rate payable if the employee would have been subject to a collective agreement.

Calculation (subject to a collective agreement) for exclusion effective on June 4, 2003
  • GT-07 rate of pay on April 14, 2003

$74,759 (4th step)
  • Difference between the maximum (AS-07 and GT-07)

$4,448 ($82,196 - $77,748)
  • Since the difference between the maximums is $4,448, which is greater than the lowest pay increment of $2,324, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the AS-07 to the GT-07 salary. The employee is paid $77,456, which is the rate of pay that is nearest to but not less than $77,083.

$77,456 (3rd step)

($74,759 + $2,324 = $77,083)
Comparison between the two calculations for exclusion effective on June 4, 2003
  • Salary calculated based on the four per cent (4%) of the job rate

$78,047.00
  • Promotion regulations with existing collective agreement - AS-07 salary

$77,456 (3rd step)

After comparing the two calculations, the rate of pay determined for the employee's salary on exclusion, which is effective on June 4, 2003, is $78,047. This is within the AS-07 performance pay range.

Note: The above-mentioned employee's increment date and eligibility will be established in accordance with the Performance Pay Administration Policy for Certain Non-Management Category Senior Excluded Levels.

 



Date Modified: 2004-10-05
 
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