Implementation of Arbitral Award and Collective Agreement
Many members are asking questions about the effective dates of the award and collective agreement as well as the implementation date of these documents. In addition, former members of the armed forces are wondering when departments will recognize their former military service for purposes of vacation leave. This posting intends to shed some light on these questions.
Section 155(1) of the Public Service Labour Relations Act (the “Act”) specifies that the arbitral award is effective on the date the award is made or such earlier date the arbitration board may determine. For example, improvements to Sea Duty premiums at paragraph 66 of the award are effective from July 25, 2012. However, the first pay adjustment is effective on September 1, 2010 because it is specified in paragraph 79 of the award.
When members will see the adjustments on their paycheques is another matter. Section 157 of the Act requires that the employer implement the award within 90 days of the date of the award (or such other date agreed to by the parties). Since no request has been made to extend this time limit the Local expects that the award will be implemented by October 23, 2012.
The revised terms and conditions of work not contained in the award are effective on the date the revised collective agreement is signed. This is scheduled to occur on October 1, 2012. With the exception of recognizing former military service for purposes of vacation leave, there are very few changes to terms outside the award therefore the date of signing is of little consequence to most members.
With respect to recognizing former armed forces members and their vacation leave, the Local has requested that this be implemented by memorandum of agreement in advance of the signing. So far the employer has been unable to accommodate our request therefore it may have to wait until the actual date of signing. Irrespective of when this is signed off, the credits will be back dated to April 1, 2012 as previously announced.
I trust this will answer most members’ questions around the effective and implementation dates of the new agreement. We cannot say when individual departments will take appropriate pay action. That is entirely within the control of the department and your respective pay and benefits people are the only ones who can answer these types of questions. Members with other questions are urged to contact the Business Office and we will do our best to provide assistance or clarification on your specific circumstances.
Daniel J Boulet
Business Manager / Financial Secretary