ARCHIVED - Reclassification/Conversion

This page has been archived.

Reclassification / Conversion

October 2004

Table of Contents

1. Terms and definitions

2. General

3.1 Reclassification

3.2 Conversion

 

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

attainable maximum rate of pay (taux de rémunération maximal accessible)

bargaining agent (agent négociateur)

certificate of appointment (certificat de nomination)

geographic area (région géographique)

headquarters area (région du lieu d'affectation)

green circle (poste sous-évalué)

higher classification level (niveau de classification supérieur)

higher level (niveau supérieur)

lower classification level (niveau de classification inférieur)

lower level (niveau inférieur)

red circle (poste bloqué)

salary protection (protection du revenu)

valid rates of pay (taux de rémunération valides)

2. General

History Reclassifications, the movement of employees into higher paying scales without changing jobs were frozen by the Liberal government for the period from December 12, 2003, to March 31, 2004 inclusive.

Note: The Lajoie decision does not apply to reclassifications.

The rates of pay on reclassification are to be administered in accordance with the Regulations Respecting Pay on Reclassification or Conversion (RCPR), which is complemented by the Bulletin No. 49-87 - Salary Protection Policy Interpretation Applicable to the Reclassification or Conversion Regulations and PSAC/PIPSC Memoranda of Understanding.

These regulations may be cited as the Reclassification or Conversion Pay Regulations (RCPR).

Except as otherwise provided, these regulations shall apply to all persons employed in any portion of the Public Service specified in Schedule I, Part I of the Public Service Staff Relations Act (PSSRA).

Note: These regulations do not apply to former employees unless the certificate of appointment is dated prior to the termination of employment date. Essentially, the rationale being that it is impossible to rate a former employee's performance against a revised or new classification.

2.1 Memorandums of Understanding

Some classifications are subject to Memorandums of Understanding (MOU).

Currently in effect are the following MOUs:

• Memorandum of Understanding - Council of Graphic Arts Unions of the Public Service of Canada and the Treasury Board - CGAU.
• Memorandum of Understanding - Professional Institute of the Public Service of Canada - PIPS.
• Memorandum of Understanding - Public Service of Alliance of Canada - PSAC.

These MOUs remain in effect until amended or cancelled by mutual consent of the parties.

These MOUs supersede the RCPR where the Regulations are inconsistent with the Memorandums of Understanding.

Where there is a conflict in the provisions of any collective agreement and those contained in the MOUs, the conditions contained in the latter shall prevail.

These MOUs will form part of all collective agreements to which the CGAU, PIPSC or PSAC and Treasury Board are parties.

3.1 Reclassification

A reclassification is a change in the group or level of a position resulting from a classification review or audit.

3.1.1 Lower Level - Reclassification to a group or level having a lower attainable maximum rate of pay (RCPR Part 1A)

Prior to a position being reclassified to a group or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing and advised therein of the effective date of this change.

If a position is reclassified to a group or level having a lower attainable maximum rate of pay, the employee shall retain the rates of pay of the former group and level.

This may be cited as a salary protection status and subject to Section 5.(2) of the RCPR shall remain in effect until the position is vacated or the attainable maximum for the reclassified level becomes greater than that applicable to the former classification level.

The incumbent of the position retains the rates of pay and all other terms and conditions of employment applicable to the higher group and level when the following three (3) factors are meet:

1. The position is reclassified or converted to a group or level having a lower attainable maximum rate of pay,

2. The employee is represented by the same bargaining agent both before and after downgrading, and

3. The position is subject to a Memorandum of Understanding, providing salary protection and containing the phrase "for all purposes."

In all other situations on reclassification to a group or level having a lower maximum rate of pay, the expression "for all purposes" is applicable to the rates of pay only.

The salary protection ceases when one of the following instances occurs:

1. The incumbent vacates the position as a result of a promotion, deployment or transfer by appointment;

2. The attainable maximum for the reclassified level becomes greater than that applicable to the former classification level (valid rates of pay); and

3. The employee accepts an appointment to a lower classification level for reasons other than incompetence or incapacity.

Note: The effective date for removing the employee from salary protection is the effective date of the revision or the restructure or the date of the reclassification, whichever is later and not the effective date of the signing of the new collective agreement or an arbitral award.

Once salary protection is no longer applicable, the employee who is subject to Section 5 of the RCPR will be considered to have deployed or transferred by appointment as defined in the Public Service Terms and Conditions of Employment Regulations (PSTCER) for the purpose of determining the rate of pay and the increment dates.

If the group or level at which the employee's salary is protected ceases to exist, then pay entitlements shall be adjusted to reflect revisions approved from time to time for the more recently identified position level.

Example 1: Salary protection in a retroactive period - Same bargaining agent (PSAC) June 18, 2001: Reclassification to a group and level with a lower attainable rate of pay An employee classified as a CR-05 who is earning $37,644, which is the 2nd step of the rates of pay is reclassified to a lower level as an AS-01, which is effective on June 18, 2001. The certificate of appointment is dated on June 4, 2001. Prior to the reclassification, the employee's last increment to the 2nd step of the rates of pay is effective on January 22, 2001. November 19, 2001: New rates of pay for the PA collective agreement On November 19, 2001, the PA collective agreement is signed, and the employee is entitled to a retroactive revision for the CR-05 position. As per Article 64.05, pay administration, the employee is subject to the Memorandum of Understanding, which is signed by the Employer and the Alliance and dated on February 9, 1982, in respect of red-circled employees. The retroactive period for the PA collective agreement commences on the effective date of the retroactive upward revision in rates of pay, which is on June 21, 2000, and ends on the day this Agreement is signed on November 19, 2001. The certificate of appointment is dated on June 4, 2001, which is within the retroactive period. At the time, the Lajoie decision is in effect for represented employees.

Since the three (3) factors for salary protection and "all purposes" are met, the employee retains the rates of pay as well as all other terms and conditions of employment applicable to the higher group and level, which in this example is the CR-05 position.

CR-05: Subject to a collective agreement signed on May 16, 2000.

Effective June 21, 1999

36,637

37,644

38,659

39,665

AS-01: Subject to a collective agreement signed on May 16, 2000.

Effective June 21, 1999

35,594

36,950

38,299

39,649

June 4, 2001: Certificate of appointment. Expired rates of pay for both positions.

CR-05 rate of pay effective on June 18, 2001	$37,644 (2nd step)
Maximum rate of pay of the CR-05 position effective on June 18, 2001	$39,655 (maximum)
Maximum rate of pay of the AS-01 position effective on June 18, 2001	$39,649 (maximum)

Since the expired maximum rate of pay of the AS-01 is less than the expired maximum rate of pay of the employee's former CR-05 position, the employee is salary protected as a CR-05, earning $37,644 per annum.

The employee continues to be paid pay increments and revisions based on the former group and level of the CR-05.

The PA group signs a new collective agreement on November 19, 2001.

The new valid maximum rates of pay of both positions are reviewed, to determine if the employee remains or is removed from salary protection.

CR-05: Subject to a collective agreement signed on November 19, 2001.

$	Effective June 21, 1999
A	Effective June 21, 2000
B	Effective June 21, 2001
C	Effective June 21, 2002

 

$	36,637	37,644	38,659	39,665
A	37,809	38,849	39,896	40,934
B	38,868	39,937	41,013	42,080
C	39,840	40,935	42,038	43,132

 

AS-01: Subject to a collective agreement signed on November 19, 2001.

$	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

 

$	35,594	36,950	38,299	39,649
A	36,733	38,132	39,525	40,918
X	37,358	38,778	40,252	41,782
B	38,404	39,864	41,379	42,952
C	39,364	40,861	42,413	44,026

June 18, 2001: Reclassification with valid rates of pay for both positions.

Revised rate of pay for the CR-05 revision effective on June 21, 2000	$37,809 (minimum)
Rate of pay for the CR-05 increment effective on January 22, 2001	$38,849 (2nd step)
CR-05 rate of pay effective for reclassification effective on June 18, 2001	$38,849 (2nd step)
Maximum rate of pay of the CR-05 position effective on June 18, 2001	$40,934 (maximum)
Maximum rate of pay of the AS-01 position effective on June 18, 2001	$40,918 (maximum)

Since the valid maximum rate of pay of the AS-01 is still less than the valid maximum rate of pay of the employee's former CR-05 position, the employee is salary protected as a CR-05, earning $38,849 per annum.

The employee continues to be paid increments and revisions based on the former group and level of the CR-05.

On June 21, 2001, the new valid maximum rates of pay of both positions are reviewed, to determine if the employee remains or is removed from salary protection.

June 21, 2001: Revision with valid rates of pay for both positions.

CR-05 rate of pay for revision effective on June 21, 2001	$39,937 (2nd step)
Maximum rate of pay of the CR-05 position effective on June 21, 2001	$42,080 (maximum)
Maximum rate of pay of the AS-01 position effective on June 21, 2001	$42,952 (maximum)

Since the valid attainable maximum rate of pay of the reclassified level of the AS-01 position is greater than that applicable to the former classification group and level of the CR-05 position, the salary protection ceases on June 21, 2001, which is the effective date of the valid rates of pay. The employee's terms and conditions are now those of the AS-01 position.

For the purpose of determining the rate of pay and the increment dates for the AS-01 level, the employee is considered to have deployed or transferred by appointment, as defined in the PSTCER, which is effective on June 21, 2001.

CR-05: Subject to a collective agreement signed on November 19, 2001.

B	Effective June 21, 2001
C	Effective June 21, 2002

 

B	38,868	39,937	41,013	42,080
C	39,840	40,935	42,038	43,132

AS-01: Subject to a collective agreement signed on November 19, 2001.

B	Effective June 21, 2001
C	Effective June 21, 2002

 

					Lowest pay increment
B	38,404	39,864	41,379	42,952	1,460
C	39,364	40,861	42,413	44,026

Removal from salary protection on June 21, 2001: Deployed or transferred by appointment and with valid rates of pay for both positions.

CR-05 rate of pay effective on June 21, 2001	$39,937 (2nd step)
Since the new maximum is greater than the former maximum, the employee is removed from salary protection. The employee is paid $41,379, which is the rate of pay nearest to but not less than the rate received previously.	$41,379 (3rd step)

On June 21, 2001, the employee is removed from salary protection and is paid in the reclassified group and level of the AS-01, at a rate of pay of $41,379, which is the 3^rd step of the rates of pay, which is the rate of pay nearest to but not less than the rate of pay received in the former group and level as a CR-05 at $39,937 per annum.

The employee's salary on appointment is $41,379, which is the 3^rd step of the AS-01 salary scale and is effective on June 21, 2001.

The employee retains the increment period of the CR-05. Therefore, the next increment is effective on Monday, January 21, 2002, as per PSTCER 33.(1), and is remunerated at $42,952, the maximum of the AS-01 salary scale. Refer to Section 4.3 Deployment or transfer by appointment (PSTCER 33.(1) to 39) of the Pay increments module for more information.

Example 2(a): Salary protection in a current period - Same bargaining agent (PIPSC) December 17, 2001: Reclassification to a group and level with a lower attainable maximum rate of pay An employee classified as a CS-01 who is earning $49,947, the maximum of the rates of pay, is reclassified to a lower level as an MA-02, which is effective on December 17, 2001. The certificate of appointment is dated on January 24, 2002.

Since the three (3) factors for salary protection and "all purposes" are met, the employee retains the rates of pay as well as all other terms and conditions of employment applicable to the higher group and level, which in this example is the CS-01 position.

Therefore, the CS collective agreement is the pay authority if the employee is required to:

• Work overtime;
• Liquidate vacation leave credits; and
• Perform the duties of a higher classification on an acting basis.

Note 1: The employee is not entitled to the terminable allowance since the employee does not perform the duties of the CS group.

Note 2: The bargaining unit designator (BUD), as well as the union dues, reflects the CS position.

CS-01: Subject to a collective agreement signed on June 28, 2001.

Effective May 1, 2001

1	2	3	4	5	6	7	8	9	10	11	12	13	14
30,021	31,554	33,088	34,629	36,160	37,703	39,243	40,773	42,311	43,846	45,373	46,897	48,422	49,947

MA-02: Subject to a collective agreement signed on December 12, 2001.

B	Effective October 1, 2001
C	Effective October 1, 2002

 

B	42,143	43,342	44,539	45,816	47,314	48,789
C	43,197	44,426	45,652	46,961	48,497	50,009

January 24, 2002: Certificate of appointment and valid rates of pay for both positions.

CS-01 rate of pay effective on December 17, 2001	$49,947 (maximum)
Maximum rate of pay of the CS-01 position	$49,947 (maximum)
Maximum rate of pay of the MA-02 position	$48,789 (maximum)

Since the valid maximum rate of pay of the MA-02 is less than the valid maximum rate of pay of the employee's former CS-01 position, the employee is salary protected as a CS-01, earning $49,947 per annum.

The employee continues to be paid increments and revisions based on the former group and level as a CS-01.

Example 2(b): Salary protection - Same bargaining agent (PIPSC) October 1, 2002: Revision in the RE collective agreement The MA-02 lower level position for the employee in Example 2(a) has revised rates of pay, which is effective on October 1, 2002.

On October 1, 2002, the maximum rate of pay of both positions is reviewed to determine if the employee remains or is removed from salary protection.

Note: The CS-01 rates of pay have expired.

CS-01: Subject to a collective agreement signed on June 28, 2001.

Effective May 1, 2001

1	2	3	4	5	6	7	8	9	10	11	12	13	14
30,021	31,554	33,088	34,629	36,160	37,703	39,243	40,773	42,311	43,846	45,373	46,897	48,422	49,947

MA-02: Subject to a collective agreement signed on December 12, 2001.

B	Effective October 1, 2001
C	Effective October 1, 2002

 

B	42,143	43,342	44,539	45,816	47,314	48,789
C	43,197	44,426	45,652	46,961	48,497	50,009

October 1, 2002: Revision. Expired and valid rates of pay.

CS-01 rate of pay effective on October 1, 2002	$49,947 (maximum)
Expired maximum rate of pay of the CS-01 position effective on October 1, 2002	$49,947 (maximum)
Revised maximum rate of pay of the MA-02 position effective on October 1, 2002	$50,009 (maximum)

The valid attainable maximum rate of pay of the reclassified level of the MA-02 position is greater than that applicable to the former classification group and level of the CS-01 position, which currently has expired rates of pay. Therefore, the employee remains in a salary protection status until such time that both positions have valid rates of pay.

The employee is salary protected as a CS-01 who is earning $49,947 per annum, an expired salary rate, which is effective on May 1, 2001.

The employee continues to be paid revisions based on the former group and level as a CS-01.

Example 2(c): Salary protection - Same bargaining agent (PIPSC) June 3, 2003: Signing of the CS collective agreement The CS-01 former position for the employee in Example 2(b) has revised rates of pay, which is effective on the signing date of June 3, 2003.

On June 3, 2003, the valid maximum rates of pay of both positions are reviewed, to determine if the employee remains or is removed from salary protection.

CS-01: Subject to a collective agreement signed on June 3, 2003.

A	Effective May 1, 2002
B	Effective June 22, 2002
C	Effective May 22, 2003 (Restructure)
D	Effective December 22, 2003

 

	1	2	3	4	5	6	7	8	9	10	11	12	13	14
$	30,021	31,554	33,088	34,629	36,160	37,703	39,243	40,773	42,311	43,846	45,373	46,897	48,422	49,947
A	30,141	31,680	33,220	34,768	36,305	37,854	39,400	40,936	42,480	44,021	45,554	47,085	48,616	50,147
B	31,226	32,820	34,416	36,020	37,612	39,217	40,818	42,410	44,009	45,606	47,194	48,780	50,366	51,952
C								42,410	44,009	45,606	47,194	48,780	50,366	51,952	53,538
D								43,470	45,109	46,746	48,374	50,000	51,625	53,251	54,876

 

MA-02: Subject to a collective agreement signed on December 12, 2001.

B	Effective October 1, 2001
C	Effective October 1, 2002

 

B	42,143	43,342	44,539	45,816	47,314	48,789
C	43,197	44,426	45,652	46,961	48,497	50,009

May 22, 2002: Revision with valid rates of pay for both positions.

CS-01 rate of pay effective on June 22, 2002	$51,952 (maximum)
Revised maximum rate of pay of the CS-01 position effective on June 22, 2002	$51,952 (maximum)
Maximum rate of pay of the MA-02 position effective on June 22, 2002	$48,789 (maximum)

Since the valid maximum rate of pay of the MA-02 is less than the valid maximum rate of pay of the employee's former CS-01 position, the employee continues to be salary protected as a CS-01, earning $51,952 per annum.

The employee continues to be paid increments, if applicable, and revisions based on the former group and level as a CS-01.

June 22, 2002: Revision with valid rates of pay for both positions.

CS-01 rate of pay effective on June 22, 2002	$50,147 (maximum)
Revised maximum rate of pay of the CS-01 position effective on May 1, 2002	$50,147 (maximum)
Maximum rate of pay of the MA-02 position effective on May 1, 2002	$48,789 (maximum)

Since the valid maximum rate of pay of the MA-02 is less than the valid maximum rate of pay of the employee's former CS-01 position, the employee continues to be salary protected as a CS-01, earning $50,147 per annum.

The employee continues to be paid increments, if applicable, and revisions based on the former group and level as a CS-01.

October 1, 2002: Revision with valid rates of pay for both positions.

CS-01 rate of pay effective on October 1, 2002	$50,147 (maximum)
Maximum rate of pay of the CS-01 position effective on October 1, 2002	$50,147 (maximum)
Revised maximum rate of pay of the MA-02 position effective on October 1, 2002	$50,009 (maximum)

Since the valid maximum rate of pay of the MA-02 is less than the valid maximum rate of pay of the employee's former CS-01 position, the employee continues to be salary protected as a CS-01, earning $50,147 per annum.

The employee continues to be paid increments, if applicable, and revisions based on the former group and level as a CS-01.

The process of reviewing the maximum rates of pay will continue until the CS-01 position is vacated or the attainable maximum for the reclassified level of the MA-02 becomes greater than that applicable to the former classification level.

Example 3: Salary protection - Different bargaining agents (SSEA and PIPSC) January 20, 2003: Reclassification to a group and level with a lower attainable maximum rate of pay under PIPSC An employee classified as a SI-03 who is earning $51,029 which is 4th step of the rates of pay is reclassified to a lower level as a CS-01, which is effective on January 20, 2003. The certificate of appointment is dated on May 29, 2003. The employee's next pay increment in the SI-03 position is effective on Friday, December 12, 2003. Since the maximum rate of pay of the CS-01 is lower than the maximum rate of pay of the employee's former SI-03 position, the employee retains the rate of pay of the former group and level and is salary protected as a SI-03, earning $51,029 per annum.

June 3, 2003: New rates of pay for the CS collective agreement The CS collective agreement is signed on June 3, 2003. The retroactive period for the CS collective agreement is the period from the effective date of the revision, which is May 1, 2002, up to and including the day before the collective agreement is signed on June 2, 2003.

Since the bargaining agents are different; therefore, not meeting all of the three (3) factors, the employee only retains the rates of pay of the higher group and level, which in this example is the SI-03 position.

Effective on May 29, 2003, the date of the certificate of appointment, the employee is now subject to the terms and conditions of employment of the lower level, which means the CS collective agreement is the pay authority if the employee is required to:

• Work overtime;
• Liquidate vacation leave credits; and
• Perform the duties of a higher classification on an acting basis.

Only the SI-03 salary is protected.

Note 1: The employee is entitled to the terminable allowance (TA) since the employee now performs the duties of the CS group. In accordance with the collective agreement, the TA would start effective in January 2003.

Note 2: The bargaining unit designator (BUD), as well as the union dues, reflects the CS position.

SI-03: Subject to a collective agreement signed on June 27, 2001.

Effective June 22, 2002

46,895

48,276

49,655

51,029

52,802

CS-01: Subject to a collective agreement signed on June 28, 2001.

Effective May 1, 2001

1	2	3	4	5	6	7	8	9	10	11	12	13	14
30,021	31,554	33,088	34,629	36,160	37,703	39,243	40,773	42,311	43,846	45,373	46,897	48,422	49,947

May 29, 2003: Certificate of appointment. Valid and expired rates of pay.

SI-03 rate of pay effective on January 20, 2003	$51,029 (4th step)
Maximum rate of pay of the SI-03 position	$52,802
Expired maximum rate of pay of the CS-01 position	$49,947

Since the expired maximum rate of pay of the CS-01 is less than the valid maximum rate of pay of the employee's former SI-03 position, the employee is salary protected as a SI-03, earning $51,029 per annum.

The employee continues to be paid increments and revisions based on the former group and level as a SI-03.

On June 3, 2003, the CS group signs a new collective agreement and the maximum rates of pay of both positions are reviewed, to determine if the employee remains or is removed from salary protection.

SI-03: Subject to a collective agreement signed on June 27, 2001.

Effective June 22, 2002

46,895

48,276

49,655

51,029

52,802

CS-01: Subject to a collective agreement signed on June 3, 2003.

A	Effective May 1, 2002
B	Effective June 22, 2002
C	Effective May 22, 2003 (Restructure)
D	Effective December 22, 2003

 

	1	2	3	4	5	6	7	8	9	10	11	12	13	14
$	30,021	31,554	33,088	34,629	36,160	37,703	39,243	40,773	42,311	43,846	45,373	46,897	48,422	49,947
A	30,141	31,680	33,220	34,768	36,305	37,854	39,400	40,936	42,480	44,021	45,554	47,085	48,616	50,147
B	31,226	32,820	34,416	36,020	37,612	39,217	40,818	42,410	44,009	45,606	47,194	48,780	50,366	51,952
C								42,410	44,009	45,606	47,194	48,780	50,366	51,952	53,538
D								43,470	45,109	46,746	48,374	50,000	51,625	53,251	54,876

June 3, 2003: Signing of the CS collective agreement. Valid rates of pay for both positions.

SI-03 rate of pay effective on January 20, 2003	$51,029 (4th step)
Maximum rate of pay of the SI-03 position	$52,802
Revised maximum rate of pay of the CS-01 position	$51,952

Since the valid maximum rate of pay of the CS-01 is less than the valid maximum rate of pay of the employee's former SI-03 position, the employee is salary protected as a SI-03 earning $51,029 per annum.

The employee continues to be paid increments and revisions based on the former group and level as a SI-03.

May 22, 2003: CS restructure. Valid rates of pay for both positions.

SI-03 rate of pay effective on May 22, 2003	$51,029 (4th step)
Maximum rate of pay of the SI-03 position	$52,802
Revised maximum rate of pay of the CS-01 position	$53,538

Since the valid attainable maximum rate of pay of the reclassified level of the CS-01 position is greater than that applicable to the former classification group and level of the SI-03 position, the salary protection ceases on May 22, 2003, which is the effective date of the CS revision.

For the purpose of determining the rate of pay and the increment dates for the CS-01 level, the employee is considered to have deployed or transferred by appointment, as defined in the PSTCER, which is effective on May 22, 2003.

SI-03: Subject to a collective agreement signed on June 27, 2001.

Effective June 22, 2002

46,895

48,276

49,655

51,029

52,802

CS-01: Subject to a collective agreement signed on June 3, 2003.

A	Effective May 1, 2002
B	Effective June 22, 2002
C	Effective May 22, 2003 (Restructure)
D	Effective December 22, 2003

 

	1	2	3	4	5	6	7	8	9	10	11	12	13	14
$	30,021	31,554	33,088	34,629	36,160	37,703	39,243	40,773	42,311	43,846	45,373	46,897	48,422	49,947
A	30,141	31,680	33,220	34,768	36,305	37,854	39,400	40,936	42,480	44,021	45,554	47,085	48,616	50,147
B	31,226	32,820	34,416	36,020	37,612	39,217	40,818	42,410	44,009	45,606	47,194	48,780	50,366	51,952
C								42,410	44,009	45,606	47,194	48,780	50,366	51,952	53,538
D								43,470	45,109	46,746	48,374	50,000	51,625	53,251	54,876

Removal from salary protection on May 22, 2003: Deployed or transferred by appointment. Valid rates of pay for both positions.

SI-03 rate of pay effective on May 22, 2003	$51,029 (4th step)
Since the new maximum is greater than the former maximum, the employee is removed from salary protection. The employee is paid $51,952, which is the rate of pay nearest to but not less than the rate received previously.	$51,952 (7th step)

Effective on May 22, 2003, the employee is removed from salary protection and is paid in the reclassified group and level as a CS-01 at $51,952 per annum, the 7^th step of the rates of pay, which is the rate of pay nearest to but not less than the rate received in the former group and level as a SI-03 at $51,029 per annum.

The employee's next increment is effective on Friday, December 12, 2003, as per PSTCER 33.(1), and is remunerated at $53,538, the maximum of the CS-01 salary scale. Refer to Section 4.3: On deployment or transfer by appointment (PSTCER 33.(1) to 39) of the Pay increments module for more information.

History Prior to the implementation of the Computer Systems (CS) collective agreement, signed on June 3, 2003, the pay increment period for employees at the CS-01 level, steps 1 through 8 was six (6) months.

 

Example 4: Salary protection - Same bargaining agents (PSAC) - Different scheduled work week April 14, 2003: Reclassification to a group and level with a lower attainable maximum rate of pay A full-time employee in a GS-STS-03 position in pay zone 2 is reclassified to a lower level as a CR-02, which is effective on April 14, 2003. The certificate of appointment is dated on May 20, 2003.

Since the three (3) factors for salary protection and "all purposes" are met, the employee retains the rates of pay as well as all other terms and conditions of employment applicable to the higher group and level, which in this example is the GS-STS-03 position.

The employee is still required to work 40 hours a week.

The employee's sick and annual leave credits are still subject to the employee's GS group scheduled work week of 40 hours.

The bargaining unit designator (BUD), as well as the union dues, reflects the GS position.

Therefore, the GS group is the pay authority if the employee is required to:

• Work overtime;
• Liquidate vacation leave credits; and
• Perform the duties of a higher classification on an acting basis.

GS-STS-03: Pay zone 2: A scheduled work week (SWW) of 40 hours a week. Subject to a collective agreement signed on November 19, 2001.

Zone 1	British Columbia, Yukon, Nunavut and Northwest Territories
Zone 2	Atlantic, Quebec and Ontario
Zone 3	Manitoba, Saskatchewan and Alberta

 

	Hourly rates of pay
	Effective August 5, 2002

	ZONE
1	2	3
17.06	15.58	15.50

CR-02: A scheduled work week (SWW) of 37.50 hours a week. Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

29,008

29,677

30,336

30,999

Calculation

Since the employee is going from a classification with an hourly rate of pay to a classification with an annual rate of pay, for calculation purposes, annual rates must be used.

Convert the hourly rate to an annual rate for calculation purposes.

GS-STS-03 hourly rate of pay	$15.58 (maximum)
Equivalent annual rate: hourly rate of pay Î 2,087.04	$32,516.08 (maximum)

May 20, 2003: Certificate of appointment and valid rates of pay for both positions.

GS-STS-03 rate of pay effective on April 14, 2003	$32,516.08 (maximum)
Maximum rate of pay of the GS-STS-03 position	$32,516.08 (maximum)
Maximum rate of pay of the CR-02 position	$30,999 (maximum)

Since the valid maximum rate of pay of the CR-02 is less than the valid maximum rate of pay of the employee's former GS-STS-03 position, the employee is salary protected as a GS-STS-03, earning $32,516.08 per annum or $15.58 per hour.

The employee continues to be paid revisions based on the former group and level of the GS-STS-03.

Note: The GS classification has only one rate of pay and therefore, increments are not applicable.

Example 5(a): Salary protection - Different bargaining agents (PSAC and IBEW) - Different scheduled work week April 14, 2003: Reclassification to a group and level with a lower attainable maximum rate of pay A full-time employee in a GL-EIM-10 (electrician) position in pay zone 1 is reclassified to a lower level as an EL-02, which is effective on April 14, 2003. The certificate of appointment is dated on May 20, 2003.

Since the bargaining agents are different, all of the three (3) factors are not met. Therefore, the employee only retains the rates of pay of the higher group level, which in this example is the GL-EIM-10 (electrician) position.

The employee is now required to work 37.50 hours a week, which is effective on May 20, 2003, the date of the certificate of appointment.

Also effective on May 20, 2003, the employee's sick and annual leave credits are subject to the scheduled work week of 37.50 hours of the EL collective agreement.

The bargaining unit designator (BUD), as well as the union dues, reflects the EL position, which is effective on June 2003.

Effective May 20, 2003, the date of the certificate of appointment, the employee is now subject to the terms and conditions of employment of the lower level, which means that if the employee is required to:

• Work overtime;
• Liquidate vacation leave credits; and
• Perform the duties of a higher classification on an acting basis.

the EL collective agreement is the pay authority.

Based on a scheduled work week of 37.50 hours, only the GL-EIM-10 (electrician) salary is protected.

GL-EIM-10 (electrician): Pay zone 1: A scheduled work week (SWW) of 40 hours a week. Subject to a collective agreement signed on November 19, 2001.

Zone 1	British Columbia, Yukon, Nunavut and Northwest Territories
Zone 2	Atlantic, Quebec and Ontario
Zone 3	Manitoba, Saskatchewan and Alberta

 

	Hourly rates of pay
	Effective August 5, 2002

	ZONE
1	2	3
22.78	22.01	20.42

EL-02: A scheduled work week (SWW) of 37.50 hours a week. Subject to a collective agreement signed on November 19, 2001.

B	Effective September 1, 2002
C	Effective September 1, 2003

 

B	37,313	38,743	41,833	44,926	46,724
C	38,171	39,634	42,795	45,959	47,799

Calculation

Since the employee is going from a classification with an hourly rate of pay to a classification with an annual rate of pay, for calculation purposes, annual rates must be used.

Convert the hourly rate to an annual rate for calculation purposes.

GL-EIM-10 (electrician) hourly rate of pay	$22.78 (maximum)
Equivalent annual rate: hourly rate of pay Î 2,087.04	$47,542.77 (maximum)

May 20, 2003: Certificate of appointment. Valid rates of pay for both positions.

GL-EIM-10 (electrician) rate of pay is effective on April 14, 2003	$47,542.77 (maximum)
Maximum rate of pay of the GL-EIM-10 (electrician) position	$47,542.77 (maximum)
Maximum rate of pay of the EL-02 position	$46,724 (maximum)

Since the valid maximum rate of pay of the EL-02 is less than the valid maximum rate of pay of the employee's former GL-EIM-10 (electrician) position, the employee is salary protected as a GL-EIM-10 (electrician), earning $47,542.77 per annum with a scheduled work week of 37.50 hours.

The employee continues to be paid revisions based on the former group and level of the GL-EIM-10 (electrician).

Note: The GS classification has only one rate of pay; therefore, increments are not applicable.

Example 5(b): Salary protection - Different bargaining agents (PSAC and IBEW) - Different scheduled work week September 1, 2003: Revision in the EL collective agreement The EL-02 lower level position for the employee in Example 5(a) has revised rates of pay, which is effective on September 1, 2003.

Effective on September 1, 2003, the maximum rates of pay of both positions are reviewed, to determine if the employee remains or is removed from salary protection.

The valid attainable maximum rate of pay of the reclassified level of the EL-02 position is greater than that applicable to the former classification group and level of the GL-EIM-10 (electrician) position, which currently has expired rates of pay. Therefore, the employee remains in a salary protection status until both positions have valid rates of pay.

The employee continues to be salary protected as a GL-EIM-10 (electrician), earning $47,543 per annum, an expired salary rate, which is effective on August 5, 2002.

Based on the former group and level of the GL-EIM-10 (electrician), the employee continues to be paid revisions.

Example 6(a): Salary protection - Same bargaining agent (PSAC) January 20, 2003: Reclassification to a group and level with a lower attainable maximum rate of pay An employee classified as a CR-05 who is earning $39,840 per annum, the minimum in the pay scale, is reclassified to a lower level as a GT-02, which is effective on January 20, 2003. The certificate of appointment is dated on February 10, 2003. The employee's next increment in the CR-5 position is schedule for May 12, 2003.

Since the three (3) factors for salary protection and "all purposes" are met, the employee retains the rates of pay, as well as all other terms and conditions of employment applicable to the higher group and level, which in this example is the CR-05 position.

Therefore, the PA collective agreement is the pay authority if the employee is required to:

• Work overtime;
• Liquidate vacation leave credits; and
• Perform the duties of a higher classification on an acting basis.

Note: The bargaining unit designator (BUD), as well as the union dues, reflects the CR position.

CR-05: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

39,840

40,935

42,038

43,132

GT-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 22, 2002

37,919

39,018

40,116

41,214

42,862

February 10, 2003: Certificate of appointment. Valid rates of pay for both positions.

CR-05 rate of pay effective on January 20, 2003	$39,840 (minimum)
Maximum rate of pay of the CR-05 position	$43,132 (maximum)
Maximum rate of pay of the GT-02 position	$42,862 (maximum)

Since the valid maximum rate of pay of the GT-02 is less than the valid maximum rate of pay of the employee's former CR-05 position, the employee is salary protected as a CR-05, earning $39,840 per annum.

The employee continues to be paid increments and revisions based on the former group and level as a CR-05.

Example 6(b): Salary protection - Same bargaining agent (PSAC) - Incumbent refuses a reasonable offer of a deployment or transfer by appointment (RCPR 5.(2)) April 17, 2003: Reasonable offer for a deployment The employee in Example 6(a) has been presented a reasonable offer for a deployment to an AS-01 position in the same geographical area, which is effective on April 28, 2003. The certificate of appointment is dated on April 17, 2003. The employee declines the offer of deployment without good and sufficient reason.

In accordance with Section 5.(2) of the RCPR, the employee will be appointed, and shall immediately be paid at the applicable rate for the reclassified position a GT-02.

Accordingly, the employee is considered to have deployed or transferred by appointment, as defined in the PSTCER for the purpose of determining the increment dates and the rate of pay.

CR-05: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

39,840

40,935

42,038

43,132

GT-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 22, 2002

37,919

39,018

40,116

41,214

42,862

Calculation

CR-05 rate of pay effective on April 28, 2003	$39,840 (minimum)
The maximum rate of pay of the new position as a GT-02 is $42,862, which is less than the maximum rate of pay of the CR-05, at $43,132 per annum.
The appointment is a deployment or transfer by appointment.

The employee's salary on appointment is $40,116. This is the 3^rd step of the GT-02 salary scale, which is effective on April 28, 2003.

The employee's retains the same increment period as for the CR-05. The employee's next increment is effective on Monday, May 12, 2003.

3.1.2 Higher Level - Reclassification to a group or level having a higher maximum rate of pay (Part II of the RCPR)

If a position is reclassified to a group or level having a higher maximum rate of pay, the rate of pay shall be determined by applying the promotion or deployment or transfer by appointment rules unless specified otherwise in the collective agreement, the pay plans or the specific terms and conditions of employment.

Example 1: Reclassification to a group or level having a higher maximum rate of pay June 16, 2003: Reclassification to a higher group and level An employee classified as a CR-05 who is earning $40,935, which is the 2nd step of the rates of pay is reclassified to a higher level as an AS-01, which is effective on June 16, 2003. The certificate of appointment is dated on June 16, 2003. Prior to the reclassification, the employee's last increment to the 2nd step of the rates of pay is effective on January 20, 2003.

Since the valid maximum rate of pay of the AS-01 is greater than the valid maximum rate of pay of the employee's former CR-05 position, the reclassification is considered to be to a higher group and level.

CR-05: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

39,840

40,935

42,038

43,132

AS-01: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

				Lowest pay increment
39,364	40,861	42,413	44,026	1,497

Calculation:

Valid rates of pay for both positions.

CR-05 rate of pay effective on June 16, 2003	$40,935 (2nd step)
Difference between the maximums (AS-01 and CR-05)	$894 ($44,026 - $43,132)
Since the difference between the maximums is $894, which is less than the lowest pay increment of $1,497 of the AS-01; the appointment is a deployment or transfer by appointment. The employee is paid $42,413, which is the rate of pay nearest to but not less than the rate received previously.	$42,413 (3rd step)

The employee's salary on appointment is $42,413, which is the 3^rd step of the AS-01 salary scale, a valid rate of pay, and is effective on June 16, 2003.

The employee's next increment is effective on Monday, January 19, 2004, as per PSTCER 33.(1). Refer to Section 4.3 Deployment or transfer by appointment (PSTCER 33.(1) to 39) of the Pay increments module for more information.

Example 2: Reclassification to a group or level having a higher maximum rate of pay June 16, 2003: Reclassification to a higher group and level An employee classified as an AS-01 who is earning $40,861, which is the 2nd step of the rates of pay is reclassified to a higher level as an AS-02, which is effective on June 16, 2003. The certificate of appointment is dated on June 16, 2003. Prior to the reclassification, the employee's last increment, which was to the 2nd step of the salary scale, is effective on January 20, 2003.

AS-01 and AS-02: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 2002

AS-01
	39,364	40,861	42,413	44,026

Effective June 21, 2002

AS-02				Lowest pay increment
	43,863	45,529	47,260	1,666

Calculation:

Valid rates of pay for both positions.

AS-01 rate of pay effective on June 16, 2003	$40,861 (2nd step)
Difference between the maximums (AS-02 and AS-01)	$3,234 ($47,260 - $44,026)
Since the difference between the maximums is $3,234, which is greater than the lowest pay increment of $1,666 of the represented AS-01, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the AS-02 to the AS-01 salary. The employee is paid $43,863, which is the rate of pay nearest to but not less than $42,527.	$43,863 (minimum) ($40,861 + $1,666 = $42,527)

The employee's salary on appointment is $43,863, the minimum of the AS-01 salary scale, a valid rate of pay, which is effective on June 16, 2003.

The employee's next increment is effective on Monday, June 14, 2004. Refer to Section 4.2: On promotion (PSTCER 32) of the Pay increments module for more information.

Example 3: Reclassification to a group or level having a higher maximum rate of pay September 10, 2001: Reclassification to a higher group and level An employee classified as a CR-05 who is earning $37,644, which is the 2nd step of the rates of pay is reclassified to a higher level as a SI-01, which is effective on September 10, 2001. The certificate of appointment is dated on October 18, 2001. November 19, 2001: New rates of pay for the PA collective agreement On November 19, 2001, the PA collective agreement is signed, and the employee is entitled to a retroactive revision for the CR-05 position. As per Article 64.05, the pay administration is subject to the Memorandum of Understanding, which is signed by the Employer and the Alliance dated on February 9, 1982, in respect of red-circled employees. The retroactive period for the PA collective agreement commences on the effective date of the retroactive upward revision in rates of pay, which is June 21, 2000, and ends on the day this Agreement is signed on November 19, 2001.The certificate of appointment is dated on October 18, 2001, which is within the retroactive period. At the time, the Lajoie decision is in effect for represented employees.

CR-05: Subject to a collective agreement signed on November 19, 2001.

Effective June 21, 1999

36,637

37,644

38,659

39,665

SI-01: Subject to a collective agreement signed on June 27, 2001.

B	Effective June 22, 2001
C	Effective June 22, 2002

 

						Lowest pay increment
B	36,823	38,113	39,447	40,828	42,830	1,290
C	37,744	39,066	40,433	41,849	43,901

Calculation:

Expired and valid rates of pay.

CR-05 expired rate of pay effective on September 10, 2001	$37,644 (2nd step)
Difference between the maximums (SI-01 and CR-05)	$3,165 ($42,830 - $39,665)
Since the difference between the maximums is $3,165, which is greater than the lowest pay increment of $1,290 of the represented SI-01, the appointment is a promotion. The employee's rate of pay is determined by adding the lowest pay increment of the SI-01 to the CR-05 salary. The employee is paid $39,447, which is the rate of pay nearest to but not less than $38,934.	$39,447 (3rd step) ($37,644 + $1,290 = $38,934)

The employee's salary on appointment is $39,447, which is the 3^rd step of the SI-01 salary scale, and a valid rate of pay, which is effective on September 10, 2001.

The employee's next increment is effective on Monday, September 9, 2002. Refer to Section 4.2: On promotion (PSTCER 32) of the Pay increments module for more information.

The PA group signs a new collective agreement on November 19, 2001.

CR-05: Subject to a collective agreement signed on November 19, 2001.

$	Effective June 21, 1999
A	Effective June 21, 2000
B	Effective June 21, 2001
C	Effective June 21, 2002

 

$	36,637	37,644	38,659	39,665
A	37,809	38,849	39,896	40,934
B	38,868	39,937	41,013	42,080
C	39,840	40,935	42,038	43,132

SI-01: Subject to a collective agreement signed on June 27, 2001.

B	Effective June 22, 2001
C	Effective June 22, 2002

						Lowest pay increment
B	36,823	38,113	39,447	40,828	42,830	1,290
C	37,744	39,066	40,433	41,849	43,901

Since the PA collective agreement does not contain a specific provision authorizing recalculation of employees who were promoted, transferred, or deployed, or who commenced acting pay during the retroactive period, then the employee's rate of pay on appointment to the SI-01 position is not recalculated and is maintained at $39,447 in the 3^rd step of the rates of pay.

Example 4: Retroactive reclassification of a former employee July 22, 2003: Reclassification to a higher group and level An AS-02 position that a former employee occupied prior to resigning is reviewed and is reclassified upwards to an AS-03 level, which is effective on April 1, 2003. The certificate of appointment is dated on July 22, 2003. The incumbent of the position resigned, and was struck-off strength (SOS) on Saturday, May 31, 2003. The certificate of appointment in this example is the classification document, and it is dated after the employee's struck-off strength (SOS) date of May 31, 2003. The former employee is not to be paid the retroactive payment from April 1, 2003, to May 30, 2003.

Former employees are not to be paid retroactivity on reclassification since these regulations do not apply to former employees unless the certificate of appointment is dated prior to the termination of employment date. Essentially, the rationale being that it is impossible to rate a former employee's performance against a revised or new classification.

Example 5(a): Retroactive reclassification to a group or level having a higher maximum rate of pay. May 12, 2003: Certificate of appointment for a retroactive reclassification An employee in a PC-03 position who is earning $64,207, which is the 3rd step of the rates of pay is retroactively reclassified to a higher level as a CS-03, which is effective on November 4, 2002. The employee's certificate of appointment is dated on May 12, 2003. Prior to the reclassification, the employee's last increment, which was to the 3rd step of the rates of pay, is effective on April 15, 2002.

June 3, 2003: New rates of pay for the CS collective agreement On June 3, 2003, the CS collective agreement is signed, and the employee is entitled to a retroactive revision for the CS-03 position. As per Article 47.03, the rate of pay shall be recalculated, in accordance with the PSTCER, using the revised rates of pay. If the recalculated rate of pay is less than the rate the employee was previously receiving, then the revised rate shall be the rate, which is nearest to but not less than the rate that was 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 that was received prior to the revision.

PC-03: Subject to a collective agreement signed on December 20, 2000.

Effective October 1, 2001

$

59,513

61,858

64,207

66,566

68,913

71,263

CS-03: Subject to a collective agreement signed on June 28, 2001.

Effective May 1st, 2001

							Lowest pay increment
59,946	62,038	64,130	66,223	68,316	70,408	72,500	2,092

Calculation on May 12, 2003:

Certificate of appointment. - Retroactive reclassification.

PC-03 rate of pay is effective on November 4, 2002	$64,207 (3rd step)
Difference between the maximums (CS-03 and PC-03)	$1,237 ($72,500 - $71,263)
Since the difference between the maximums is $1,237, which is less than the lowest pay increment of $2,092 of the CS-03, the reclassification is based on the deployment or transfer by appointment rule. The employee is paid $66,223, which is the rate of pay nearest to but not less than the rate received previously in the substantive position.	$66,223 (4th step)

The employee's salary on the reclassification is $66,223 which is the 4^th step of the CS-03 salary scale and is effective retroactive to November 4, 2002.

The employee's retains the same increment period as for the previous classification of the PC-03, and the employee's next increment is effective on Tuesday, April 15, 2003, as per PSTCER 33.(1). Refer to Section 4.3: On deployment or transfer by appointment (PSTCER 33.(1) to 39) of the Pay increments module for more information.

PC-03: Subject to a collective agreement signed on December 20, 2000.

Effective October 1, 2001

$

59,513

61,858

64,207

66,566

68,913

71,263

CS-03: Subject to a collective agreement signed on June 3, 2003.

A	Effective May 1st, 2002
B	Effective June 22, 2002
C	Effective May 22, 2003 (Restructure)
D	Effective December 22, 2003

 

	59,946	62,038	64,130	66,223	68,316	70,408	72,500
A	60,186	62,286	64,387	66,488	68,589	70,690	72,790
B	62,353	64,528	66,705	68,882	71,058	73,235	75,410
C	62,353	64,528	66,705	68,882	71,058	73,235	75,410	77,585
D	63,912	66,141	68,373	70,604	72,834	75,066	77,295	79,525

Recalculation on June 3, 2003: Signing of the CS collective agreement.

PC-03 rate of pay is effective on November 4, 2002	$64,207 (3rd step)
Difference between the maximums (CS-03 and PC-03)	$4,147 ($75,410 - $71,263)
Since the difference is greater than the lowest pay increment in the CS-03, the acting pay is based on the promotion rule. The employee's rate of pay is determined by adding the lowest pay increment of the CS-03 to the PC-03 salary.	$66,705 (3rd step) ($64,207 + $2,175 = $66,382)

On recalculation, the employee's salary on reclassification is $66,705, which is the 3^rd step of the rates of pay, and is effective on November 4, 2002. 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 that was received prior to the revision.

The employee's salary on reclassification is revised to $68,882, which is the 4^th step of the rates of pay of the CS-03 level.

Now that the appointment is based on the promotion rule and not on the deployment or transfer by appointment rule, the employee's next increment date after the CS-03 reclassification is re-established, as per the PSTCER 32. It becomes effective Tuesday, November 4, 2003, the anniversary date of the reclassification, instead of the April 15, 2003 increment date established at the time of the reclassification.

In addition, the employee is overpaid as follows:

• Effective on April 15, 2003, based on the deployment or transfer by appointment rule, was paid an increment at $68,316, which is the 5^th step of the CS-03 pay scale.

Recovery of this overpayment is made in accordance with the Financial Administration Act (Section 155(3)), which requires that salary overpayments be recovered in full from the first available funds payable to the employee.

Example 5(b): Retroactive reclassification to a group or level having a higher maximum rate of pay. July 17, 2003: New rates of pay for the AP collective agreement The employee in Example 5(a) is entitled to revised rates of pay, prior to the reclassification, as per the arbitral award rendered on July 17, 2003 for the AP group. The AP group has revised the rates of pay, which are effective on October 1, 2002.

PC-03: Subject to a collective agreement with an arbitral award rendered on July 17, 2003.

Y	Effective October 1, 2002 - Restructure
A	Effective October 1, 2002
B	Effective October 1, 2003
C	Effective October 1, 2004

$	59,513	61,858	64,207	66,566	68,913	71,263
Y		61,858	64,207	66,566	68,913	71,263	73,613
A		63,559	65,973	68,397	70,808	73,223	75,637
B		65,148	67,622	70,107	72,578	75,054	77,528
C		66,777	69,313	71,860	74,392	76,930	79,466

CS-03: Subject to a collective agreement signed on June 3, 2003.

A	Effective May 1st, 2002
B	Effective June 22, 2002
C	Effective May 22, 2003 (Restructure)
D	Effective December 22, 2003

	59,946	62,038	64,130	66,223	68,316	70,408	72,500
A	60,186	62,286	64,387	66,488	68,589	70,690	72,790
B	62,353	64,528	66,705	68,882	71,058	73,235	75,410
C	62,353	64,528	66,705	68,882	71,058	73,235	75,410	77,585
D	63,912	66,141	68,373	70,604	72,834	75,066	77,295	79,525

Review on July 17, 2003: Reclassification within the retroactive period. Valid rates of pay for both positions.

PC-03 rate of pay effective on November 4, 2002	$65,973 (2nd step)
Maximum rate of pay of the PC-03 position effective on November 4, 2002	$75,637 (maximum)
Maximum rate of pay of the CS-03 position effective on November 4, 2002	$75,410 (maximum)

Since the valid maximum rate of pay of the CS-03 is less than the valid maximum rate of pay of the employee's former PC-03 position, the employee's reclassification to a higher group or level becomes a reclassification to a lower group or level.

Since the employee is subject to all the three (3) factors for a reclassification to a lower level, the employee retains the rates of pay as well as all other terms and conditions of employment applicable to the higher level, which in this example is the PC-03 position.

Effective on November 4, 2002, the employee is now subject to salary protection as a PC-03, earning $65,973 per annum.

In addition, the employee is overpaid as follows:

• Effective on November 4, 2002, the revised reclassification paid at the CS-03 revised salary of $68,882 per annum.

Recovery of this overpayment is made in accordance with the Financial Administration Act (Section 155(3)), which requires that salary overpayments be recovered in full from the first available funds payable to the employee.

The employee continues to be paid pay increments and revisions based on the former group and level of the PC-03.

The CS collective agreement is subject to a pay restructure on May 22, 2003.

The new valid maximum rate of pay of both positions is reviewed to determine if the employee remains or is removed from salary protection.

PC-03: Subject to a collective agreement with an arbitral award rendered on July 17, 2003.

Y	Effective October 1, 2002 - Restructure
A	Effective October 1, 2002
B	Effective October 1, 2003
C	Effective October 1, 2004

$	59,513	61,858	64,207	66,566	68,913	71,263
Y		61,858	64,207	66,566	68,913	71,263	73,613
A		63,559	65,973	68,397	70,808	73,223	75,637
B		65,148	67,622	70,107	72,578	75,054	77,528
C		66,777	69,313	71,860	74,392	76,930	79,466

CS-03: Subject to a collective agreement signed on June 3, 2003.

A	Effective May 1st, 2002
B	Effective June 22, 2002
C	Effective May 22, 2003 (Restructure)
D	Effective December 22, 2003

									Lowest pay increment
	59,946	62,038	64,130	66,223	68,316	70,408	72,500
A	60,186	62,286	64,387	66,488	68,589	70,690	72,790
B	62,353	64,528	66,705	68,882	71,058	73,235	75,410
C	62,353	64,528	66,705	68,882	71,058	73,235	75,410	77,585	2,175
D	63,912	66,141	68,373	70,604	72,834	75,066	77,295	79,525	2,229

May 22, 2003: Restructure. Valid rates of pay for both positions.

PC-03 rate of pay effective on May 22, 2003	$65,973 (2nd step)
Maximum rate of pay of the PC-03 position effective on May 22, 2003	$75,637 (maximum)
Maximum rate of pay of the CS-03 position effective on May 22, 2003	$77,585 (maximum)

Since the valid attainable maximum rate of pay of the reclassified level of the CS-03 position is greater than that applicable to the former classification group and level of the PC-03 position, the salary protection ceases effective on the date of the CS restructure, which is on May 22, 2003.

For the purpose of determining the rate of pay and the increment dates for the CS-03 level, the employee is considered to have deployed or transferred by appointment as defined in the PSTCER, which is effective on May 22, 2003.

PC-03: Subject to a collective agreement with an arbitral award rendered on July 17, 2003.

Y	Effective October 1, 2002 - Restructure
A	Effective October 1, 2002
B	Effective October 1, 2003
C	Effective October 1, 2004

$	59,513	61,858	64,207	66,566	68,913	71,263
Y		61,858	64,207	66,566	68,913	71,263	73,613
A		63,559	65,973	68,397	70,808	73,223	75,637
B		65,148	67,622	70,107	72,578	75,054	77,528
C		66,777	69,313	71,860	74,392	76,930	79,466

CS-03: Subject to a collective agreement signed on June 3, 2003.

A	Effective May 1st, 2002
B	Effective June 22, 2002
C	Effective May 22, 2003 (Restructure)
D	Effective December 22, 2003

									Lowest pay increment
	59,946	62,038	64,130	66,223	68,316	70,408	72,500
A	60,186	62,286	64,387	66,488	68,589	70,690	72,790
B	62,353	64,528	66,705	68,882	71,058	73,235	75,410
C	62,353	64,528	66,705	68,882	71,058	73,235	75,410	77,585	2,175
D	63,912	66,141	68,373	70,604	72,834	75,066	77,295	79,525

Removal from salary protection on May 22, 2003: Deployed or transferred by appointment. Valid rates of pay for both positions.

PC-03 rate of pay effective on May 22, 2003	$65,973 (2nd step)
Since the new maximum is greater than the former maximum, the employee is removed from salary protection. The employee is paid $66,705,which is the rate of pay nearest to but not less than the rate received previously.	$66,705 (3rd step)

Effective on May 22, 2003, the employee is removed from salary protection and is paid in the reclassified group and level of the CS-03 at a rate of $66,705, which is the 3^rd step of the rates of pay, and is the rate nearest to but not less than the rate that was received in the former group and level of the PC-03 at $65,973 per annum.

Now that the reclassification is based on the deployment or transfer by appointment regulations and not on the promotion rule, the employee's next increment date after the CS-03 reclassification is re-established, as per the PSTCER 33. It becomes effective retroactively to Tuesday, April 15, 2003, the original date established at the time of the reclassification. The employee is paid at $68,882, which is the 4^th step of the CS-03 pay scale.

The employee's next increment is effective on Thursday, April 15, 2004, as per PSTCER 33.(1). Refer to Section 4.3: On deployment or transfer by appointment (PSTCER 33.(1) to 39) of the Pay increments module for more information.

Example 6: Retroactive reclassification to group or level having a higher maximum rate of pay, which occurs on the same date as a promotion   TEXT TO FOLLOW

3.1.3 Holding rates of pay (Part IB of the RCPR)

Before December 13, 1981, under the former regulations, employees were entitled to holding rates of pay if they were reclassified to a group or level having a lower attainable maximum rate of pay.

Therefore, employees who became entitled to holding rates of pay, prior the current RCPR, are excluded from Part IA of these regulations and are remunerated in accordance with Part IB of the RCPR or the relevant pay authority.

3.2 Conversion

A conversion is a situation in which a new group and/or level is established or a new classification plan and/or pay structure is introduced for an established group.

3.2.1 Higher Level

On conversion to a group and/or level or a new classification plan and/or pay structure having a higher maximum rate of pay, the employee shall be paid the rate of pay nearest to but not less than the rate previously received.

Example

Conversion to higher level

An employee is converted from an XX-01 position to an AA-02 position on October 1, 1987.

Rates of pay

XX-01
27334	28218	29103	29989	03/08/87
AA-02
28318	29234	30151	31069	01/10/87	CONV/TRAN
29507	30462	31417	32374	01/10/87	REV
30392	31376	32360	33345	01/10/88	REV
31912	32945	33978	35012	01/10/89	REV

October 1, 1987

The employee is entitled to be paid $30,151 on conversion. This rate of pay is then revised to $31,417 on the same date.

Employees taken on strength after the effective date of conversion are to be paid in the revised scale of rates at the rate nearest to but not less than the rate received previously.

Example

Taken on strength after conversion

An employee was taken on strength effective June 4, 1990 as a JJ-09 at the maximum rate of pay. This position was converted to an HH-10 position effective January 1, 1988.

Rates of pay

JJ-09
62886	64599	66310	68033	23/04/90
HH-10
65150	66925	68697	70482	01/01/88	CONV/TRAN
67886	69736	71582	73442	01/01/88	REV
69923	71828	73729	75645	01/01/89	REV
70762	72690	74614	76553	01/01/90	REV

June 4, 1990

The employee is entitled to be paid $70,762.

Employees who are promoted, transferred, or on acting assignment during the retroactive period will have their rate of pay recalculated as follows:

• where the two (2) positions are converted to different levels, the salary for the first position will be determined by applying the conversion rules and the salary for the second position by applying the promotion or transfer rules, whichever is applicable, to the converted salary;
• where the two (2) positions are converted to the same level, the salary for the second position will be the rate, in the revised scale of rates, that is nearest to but not less than the rate previously received.

Note:

If this had been an acting pay situation, the acting would cease on the signing date of the authorizing document as an employee cannot act in the same group and level as the substantive position.

Example 1

Different levels to different levels

An employee is promoted from a VV-04 to a VV-05 effective April 01, 1988.

The VV-04 position is converted to a SS-03 position and the VV-05 position to a SS-04.

Rates of pay

VV-04
26581	27629	28673	29718	22/12/87
VV-05
28747	29883	31026	32167	22/12/87
SS-03
29291	30442	31660	32926	22/12/87	CONV/TRAN
30735	31964	33243	34572	22/12/87	REV
33498	34839	36231	37681	22/02/89	REV
36442	37898	39414	40992	22/04/90	REV
SS-04
32197	33485	34824	36217	22/12/87	CONV/TRAN
33807	35159	36565	38028	22/12/87	REV
36487	38320	39853	41447	22/02/89	REV
40083	41686	43354	45089	22/04/90	REV

December 22, 1987

The employee is entitled to be paid $29,291 on conversion. This rate is then revised to $30,735 on the same date.

April 1, 1988

The promotion to the SS-04 position is recalculated and the employee is entitled to be paid at $33,807.

Example 2

Same level to different levels

An employee is transferred from one GG-02 position to another GG-02 position effective May 7, 1990.

The first GG-02 position is converted to an HH-01 and the second is converted to an HH-02. The conversion is effective December 22, 1987.

Rates of pay

GG-02
38,387	39972	41555	43132	22/12/87	REV
HH-01
38,959	40,517	42,138	43,824	22/12/87	CONV/TRAN
40,907	42,543	44,245	46,015	22/12/87	REV
44,585	46,369	48,224	50,153	22/02/89	REV
48,502	50,442	52,460	54,558	22/04/90	REV
HH-02
42,856	44,570	46,353	48,207	22/12/87	CONV/TRAN
44,999	46,799	48,671	50,617	22/12/87	REV
49,045	51,007	53,047	55,169	22/02/89	REV
53,353	55,487	57,707	60,014	22/04/90	REV

December 22, 1987

The employee is entitled to be paid $43,824 on conversion. This rate is then revised to $46,015 on the same date.

February 22, 1989

The employee is entitled to be paid $50,153 on revision.

April 22, 1990

The employee is entitled to be paid $54,558 on revision.

May 07, 1990

The appointment to the HH-02 position must be recalculated. It constitutes a promotion and the employee is to be paid at $57,707.

Example 3

Different levels to same level

An employee is promoted from a YY-06 position to a YY-07 position effective July 11, 1988.

Both positions are converted to an RR-05 position. The conversion is effective December 22, 1987.

Rates of pay

YY-06
28,581	29773	30972	32,172	22/12/87
YY-07
32,153	33,458	34,755	36,059	22/12/87
RR-05
32,197	33,485	34,824	36,217	22/12/87	CONV/TRAN
33,807	35,159	36,565	38,028	22/12/87	REV
36,487	38,320	39,853	41,447	22/02/89	REV
40,083	41,686	43,354	45,089	22/04/90	REV

December 22, 1987

The employee is entitled to be paid $32,197 on conversion from the YY-06 position to the RR-05 position. This rate is then revised to $33,807 on the same date.

The employee is then entitled to be paid $35,159 on conversion from the YY-07 position to the RR-05 position.

Note:

If this had been an acting pay situation, the acting would cease on the signing date of the authorizing document as an employee cannot act in the same group and level as the substantive position.

3.2.2 Lower level

If a position is converted to a group and/or level having a lower attainable maximum rate of pay, the employee shall retain the rates of pay of the former group and level.

This salary protection remains in effect until the position is vacated or the maximum for the converted level becomes greater than that applicable to the former level.

The terms and conditions of employment of the higher group and/or level are also protected if:

• the position is represented by the same bargaining agent both before and after conversion; and
• there is a Memorandum of Understanding providing salary protection and containing the phrase "for all purposes".

Example 1

Conversion to a lower maximum

An employee is promoted from an EE-02 position to an EE-03 position effective April 3, 1989.

The EE-02 position is converted to a QQ-02 position and the EE-03 to a QQ-01.

Rates of pay

EE-02
25,315	26,313	27,308	28,803	22/12/87	REV
EE-03
27,378	28,460	29,549	30,635	22/12/87	REV
QQ-01
21,992	22,872	23,787	24,738	22/12/87	CONV/TRAN
23,092	24,016	24,976	25,975	22/12/87	REV
25,169	26,175	27,222	28,310	22/02/89	REV
27,379	28,474	29,612	30,797	22/04/90	REV
QQ-02
26,610	27,674	28,781	29,932	22/12/87	CONV/TRAN
27,941	29,058	30,220	31,429	22/12/87	REV
30,453	31,671	32,938	34,254	22/02/89	REV
33,128	34,453	35,830	37,264	22/04/90	REV

December 22, 1987

The EE-02 position is converted to a QQ-02 position and the employee is entitled to $29,932 which is revised to $31,429 on the same date.

February 22, 1989

The QQ-02 salary is revised to $34,254.

April 3, 1989

As the QQ-01 position has a lower maximum than the QQ-02 position, the employee is salary protected.

April 22, 1990

The QQ-02 salary is revised to $37,264.

Note:

If this had been an acting pay situation, the acting would cease on the signing date of the authorizing document as the employee only remains salary protected for the retroactive period or the acting period, whichever is the lesser. The employee cannot act in a lower level position.

Example 2

Protected group ceases to exist

A BB-05 is converted to an AA-03 on December 07, 1987.

Rates of pay

BB-05
37,083	38,513	39,932	41,356	07/09/87	REV
AA-03
31,799	32,997	34,188	35,386	21/06/87	CONV/TRAN
32,991	34,234	35,470	36,713	21/06/87	REV
34,146	35,432	36,711	37,998 (3.5%)	21/06/88	REV
34,692	35,999	37,298	38,606 (1.6%)	21/06/89	REV

December 7, 1987

The employee is salary protected as the maximum of the converted level ($35,386) is less than the maximum ($41,356) of the former group and level.

The BB-05 group and level cease to exist. The employee will continue to receive salary revisions based on the new position until such time as the maximum rate of pay of the converted group and level exceeds the rate of pay of the former group and level. The employee's salary is revised as follows:

• by 3.50% on June 21, 1988 to $42,803
• by 1.60% on June 21, 1989 to $43,488

3.2.3 Pay increments

On conversion the employee retains the increment date applicable to the former group and level unless:

• the employee receives an increase on conversion equal to or greater than that which would have been received on promotion; or
• the employee was paid at the maximum of the former group and level and is not paid at the maximum in the new group and level.

In these instances a new increment date is established from the date of conversion.

Example 1

Paid below maximum

An employee who was being paid at the third step of the NN-07 group and level which was converted to an LL-06 effective December 22, 1986.

Rates of Pay

NN-07
32,153	33,458	34,755	36,059	22/12/86
LL-06
35,417	36,834	38,307	39,839	22/12/87	CONV/TRAN
37,188	38,676	40,222	41,831	22/12/87	REV
40,532	42,154	43,839	45,593	22/02/89	REV
44,092	45,856	47,690	49,598	22/04/90	REV

December 22, 1986

The employee receives an increase of $662 ($35,417 - $34,755) on conversion. Since this is less than the smallest increment ($1417) in the conversion line, the employee retains the previously established increment date. The last increment date was May 4, 1987 and the increment period is 52 weeks with Monday increment dates applicable.

May 2, 1988

The employee is entitled to an increment and is to be paid at $38,767.

May 1, 1989

The employee is entitled to an increment and is to be paid at $43,839.

April 24, 1990

The employee is entitled to a revision and is to be paid at $47,690.

April 30, 1990

The employee is entitled to an increment and is to be paid at $49,598.

Example 2

Paid at Maximum

A WW-07 is converted to an AA-05 on December 22, 1987. The employee was being paid at the maximum of the WW-07. Therefore, a new increment date is established. The increment period is 52 weeks with Monday increment dates applicable.

Rates of Pay

WW-07
32,153	33,458	34,755	36,059	22/12/86
AA-05
36,217	37,666	39,173	40,740	22/12/87	CONV/TRAN
38,028	39,549	41,132	42,777	22/12/87	REV
39,853	41,447	43,103	44,830	22/02/89	REV
41,686	43,354	45,089	46,892	22/04/90	REV

December 22, 1987

The employee is entitled to be paid $36,217 on conversion. This rate is then revised to $38,028 on the same date.

December 26, 1988

The employee is entitled to an increment and is to be paid at $39,549.

December 25, 1989

The employee is entitled to an increment and is to be paid at $43,106.

December 24, 1990

The employee is entitled to an increment and is to be paid at $46,892.

Note:

Employees who have been paid at the maximum of their former group and level for a period of one (1) year or more and who are not paid at the maximum in the new scale of rates, may be granted a statutory increase at an earlier date than the date specified above with the approval of the deputy head.