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Appendix D

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.

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Appendix E

Memorandum of Understanding with Respect to a Joint Learning Program

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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.

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The Employer agrees to provide eight million, seven hundred and fifty thousand dollars ($8,750,000) over the life of this collective agreementto fund a joint learning program. The Employer agrees to provide a further two hundred and ninety-two thousand dollars ($292,000) per month to the PSAC-TBS Joint Learning Program (JLP) from June 21, 2011 until the next collective agreement is signed to ensure continuity of this initiative.

The PSAC-TBS JLP will provide joint training on union-management issues.

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The program will be governed by the existing joint PSAC – TBS committee.

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**Appendix F

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada with Respect to the Arming Initiative – Firearm Training Participant Selection

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Border Services (FB) bargaining unit.

1. The Employer when selecting firearm training participants will do so amongst volunteers as well as employees hired with firearm training as a condition of employment for the period from the date of signing until February 1, 2011.

2. Until September 30, 2009, volunteer employees hired without firearm certification as a condition of employment who did not qualify on firearm training will return to their home port.

3. During the period of October 1, 2009 to February 1, 2011, the Employer will make every reasonable effort to find placement opportunity for volunteer employees hired without firearm certification as a condition of employment who did not qualify on firearm training subject to the employee's willingness to relocate and capacity for retraining.

4. During the period of October 1, 2009 to February 1, 2011, the parties agree to the formation of joint regional committees to discuss placement opportunities of volunteer employees hired without firearm certification as a condition of employment who failed to qualify on firearm training.

This memorandum is null after February 1, 2011.

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**Appendix G

Memorandum of Understanding Between the Treasury Board of Canada and the Public Service Alliance of Canada with Respect to Firearm Training Strategy

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Border Services (FB) bargaining unit.

The parties agree to establish a joint consultation committee to discuss the strategy (post February 1, 2011) for the selection of firearm training participants and placement of employees hired without firearm certification as a condition of employment, who are unsuccessful on the firearm training. The parties shall meet within one hundred and twenty (120) days of the completion of the BFOR review.

This memorandum expires on June 20, 2011.

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**Appendix H

Memorandum of Agreement Between the Treasury Board of Canada and the Public Service Alliance of Canada

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of employees in the FB group bargaining unit working in the regional Trade and Compliance divisions.

As part of this settlement, the Employer and the PSAC agree that within one hundred and twenty (120) days of signature of this collective agreement, they will meet to discuss the suitability and appropriateness by the Employer to apply the Treasury Board Telework Policy within these regional Trade and Compliance Divisions.

The parties acknowledge that the framework for this discussion is the Treasury Board of Canada Telework Policy.

This joint committee will be composed of an equal number of representatives from the Employer and the PSAC.

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**Appendix I

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.

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