Retroactive Rates of Pay - Information Notice

March 13, 2003

Retroactive Rates of Pay

The purpose of this bulletin is to provide departments with direction to implement the decision issued by the Public Service Staff Relations Board (PSSRB) regarding the discrimination complaint made by the Social Science Employees Association (SSEA) and the Canadian Union of Professional and Technical Employees (CUPTE).

In the Fall of 2001, SSEA and CUPTE filed complaints stating that the Employer was discriminating against their members when implementing retroactive rates of pay. While the represented employees of these two bargaining units had their rates of pay revised using the straight down rule (Lajoie), the retroactive rates of pay for excluded and unrepresented employees were implemented by applying the straight down or better treatment. This practice for excluded and unrepresented employees was discontinued effective February 28, 2002.

In November 2002, the PSSRB upheld the complaints and ordered the Employer to revise retroactive rates of pay for these represented employees in the same manner as for excluded and unrepresented employees.

Though the Employer has filed for judicial review by the Federal Court of Appeal, the Employer must implement the decision. Departments are therefore required to review the implementation process for the EC collective agreement, which was signed June 27, 2001, and the TR collective agreement signed June 28, 2001.

These two agreements were implemented applying the straight down rule (Lajoie). Pursuant to the PSSRB decision, it is now necessary to review all appointments and salary-related benefits (e.g., overtime, extra-duty, leave and termination payments, pension) for ES, SI and TR employees made during the retroactive period of each agreement and give the employee the better treatment of straight down or recalculation. Please note that it may also be necessary to adjust any subsequent appointments or salary changes.

It should be noted that this decision only applies to these two collective agreements, EC and TR which were signed during the period "Lajoie or better" was applied for the unrepresented and excluded employees. Also, it does not affect the implementation of any other former or future collective agreements. Should a different method of implementing future collective agreements be negotiated, departments will be advised at that time.

Departmental Compensation and Staff Relations managers should direct any questions that they may have to their corporate Compensation or Staff Relations officials who, if need be, can contact the Pay Administration Section.

Original signed by

Thomas A. Smith

Director, Pay Administration Section
Labour Relations Division
Human Resources Branch