Archived - Salary administration policy - Mediation/Conciliation Officer Sub-group

This appendix presents guidelines for the consistent application of the Mediation/Conciliation Officer Sub-group salary administration plan.

2.1 First sector

Employees whose salaries are positioned in this sector are capable of and undertake assignments which are of limited socio-economic impact. These assignments require a good knowledge of labour relations, labour law and associated legislation, familiarity with recent developments in the areas of labour economics and industrial relations, well-developed communication and interpersonal skills, and experience with the Canadian collective bargaining process.

2.2 Second sector

Employees whose salaries are positioned in this sector are capable of and undertake assignments which are typically of greater socio-economic impact. These assignments require a thorough knowledge of labour relations, labour law and associated legislation, a good knowledge of recent developments in the areas of labour economics and industrial relations, considerable experience in the application of conciliation techniques and practices, and demonstrated achievements in the development and presentation of new concepts and initiatives in mediation and conciliation.

2.3 Third sector

Employees whose salaries are positioned in this sector are capable of and undertake assignments which are of serious socio-economic impact. These assignments require advanced knowledge of conciliation techniques and practices; a thorough knowledge of the entire labour relations field and a comprehensive knowledge of recent developments in the areas of labour economics and industrial relations, and the ability to develop and use innovative techniques to fit particularly complex situations. Additionally, incumbents may be required to possess extensive knowledge of a specific industrial sector.

3.1 Rate of pay on appointment from outside the Public Service

The starting salary for a person appointed to a position subject to this plan normally shall be the minimum of the authorized salary range for this position.

In certain instances, to compete with going rates in the private sector in recruiting experienced and qualified personnel, the Public Service Commission or the department concerned may recruit at a rate higher than that specified above, taking into consideration the criteria established for the various salary sectors and the relative personal qualifications, demonstrated effectiveness and salaries of other employees subject to this plan.

3.2 Rate of pay on appointment from another group

Where an employee from another group or sub-group is appointed to a position in the Mediation/Conciliation Officer Sub-group, the salary on appointment shall depend upon whether the appointment constitutes a promotion or transfer.

A promotion occurs where the maximum rate of pay for the salary sector to which the employee will be appointed exceeds the maximum rate of pay applicable for fully satisfactory performance in the employee's former position by at least 4 per cent. Where a promotion occurs an employee shall: (a) receive an increase equal to 4 per cent of his or her present salary up to the sector maximum; or (b) be paid the minimum rate for the appropriate sector, whichever is greater. The amount determined under (a) shall be rounded to the next higher $100.

A transfer occurs where the maximum rate of pay of the appropriate sector does not exceed the maximum rate of pay applicable for fully satisfactory service in the employee's former position by 4 per cent. On transfer to a position in this sub-group an employee shall receive the salary rate that he or she was receiving in the former position, rounded to the next higher $100.

For the purpose of administering the salary administration plan, the five performance categories will be applied giving due consideration to the degree of compatibility or the extent and direction of non-compatibility between the capabilities demonstrated during the review period and capabilities expected of incumbents in the sector in which the employee's salary is positioned.

Employees' performance shall be reviewed annually and salaries adjusted on the basis of the performance categories. Normally, such reviews and adjustments will occur at the start of the fiscal year coincidental with the revisions to the appropriate salary range.

Performance pay comprises two elements: (1) salary increases related to adjustments in the salary range for the level; and (2) periodic salary increases related to progression within a sector or progression to a higher sector.

Annual adjustments to salary ranges do not imply that all employees should automatically be granted the percentage increase applicable to the range. Considerations in determining the total amount of an employee's annual salary increase should include:

• the reasons underlying the particular assignments handled during the review period (e.g. operational requirements at that point in time, career development assignment, assignment difficulty, demonstrated personal ability of the incumbent);
• assigned category of performance;
• the percentage increase applicable to the range; and
• the appropriateness of the employee's current salary with respect to the defined criteria for the salary sectors.

The current salary range for this sub-group is contained in chapter 4-1. The sector maxima are deemed to be the rates attainable for fully satisfactory performance relative to the nature of assignments described for the particular salary sector.

An employee whose recent performance is at least satisfactory and whose salary is properly positioned should be granted the total percentage increase.

When an employee's salary is above the appropriate sector, consideration should be given to granting not less than one half (1/2) of the range adjustment to regress the employee's salary over a period of time to its appropriate position.

The salary of an employee whose performance is reviewed as unsatisfactory will not be increased as a result of an adjustment to the salary range.

In addition to the salary increase determined in section 6, the employee should receive an appropriate performance increase in accordance with the performance pay grid. This pay grid is designed to be used as a guide and specifies only the maximum performance adjustment available under this plan. The performance pay grid should not be used in a mechanical fashion to determine performance increases.

The number of employees whose performance is reviewed as superior and outstanding should not exceed 30 per cent of the total number of employees in the sector. The scale contained in appendix B should be used to determine the number of employees who may be categorized above fully satisfactory.

The appropriate performance increase will be determined in accordance with the pay grids contained in appendix C, taking into account the nature of assignments appropriate to the employee's salary sector, and the category of performance for the period under review.

The total salary increase shall be the sum of the range adjustment plus the performance increase, rounded to the nearest $100. The total increase shall not place the employee's new salary higher than the maximum of the appropriate sector.

Employees on loan to other departments shall be considered for performance increases on their annual review dates. When considering the amount of increase to be granted, the deputy head of the parent department should obtain from the other department or agency the necessary information to complete a performance review and appraisal report.

Consideration may be given to granting performance increases to employees on leave without pay during the period covered by the performance review and appraisal report. Particular consideration should be given to employees who have taken education or sabbatical leave without pay to improve their qualifications to the future advantage of the Public Service and the employee. The performance category should be based on the employee's performance prior to and after the period of leave without pay.

Employees in full-time attendance at government sponsored language training courses will be considered for performance increases while undergoing such training. Performance categories should be based on the employee's performance prior to and after the period of language training.

11.1 Salary calculation

An employee who is subject to this plan is not entitled to acting pay when performing, on an acting basis, the duties of any other position to which this pay plan also applies.

An employee from another group who accepts a temporary assignment to a position classified subject to this plan may receive acting pay. Acting pay is the rate of pay the employee would be paid on appointment to such higher classification level, as calculated pursuant to the acting pay directives.

An employee in receipt of acting pay is entitled to a recalculation of the acting rate of pay pursuant to Section 64 when increments within and revisions to the salary range for the substantive level occur. If following recalculation the rate of pay in the higher classification level is less than the rate of pay received immediately prior to the recalculation, the employee shall be paid at the rate of pay received immediately prior to the recalculation.

The qualifying period to receive acting pay is determined by the collective agreement or terms and conditions of employment applicable to the employee's substantive group and level.

11.2 Range revisions

While in receipt of acting pay, an employee is eligible to receive revisions to the salary range of the acting level.

Employees in receipt of acting pay remain subject to the non-pay terms and conditions of employment governing their substantive level.

11.3 Performance increases while receiving acting pay

An employee who is receiving acting pay for a temporary assignment to a position classified subject to this plan is eligible for performance increases at the higher level when the following criteria are met:

• the substantive rate of pay has reached the range maximum and the employee is no longer eligible for increments or in-range performance increases in the substantive level; or an increment or in-range performance increase in the substantive level does not result in a change to the acting rate of pay; and
• performance of the higher level duties is assessed as fully satisfactory or better; and
• the employee is on strength in the acting situation on March 31st and April 1st.

The commencement date of the acting assignment will not affect an employee's eligibility for performance increase when these conditions are met. Prorating the performance increase, based on the length of time in the acting assignment, is an option.

When an increment or an in-range performance increase in the substantive rate of pay results in a salary increase on recalculation of the acting pay, the employee is not eligible for performance increase under this plan, and should not be included in the ratings distribution.

Based on past experience and projected workloads, taking into account the frequency and nature of assignments, the levels of expertise required, operational requirements for geographical dispersion, and the personal development time frames explicit in the salary structure for this sub-group, it is anticipated that the number of employees whose salaries, at any point in time, will be positioned in sectors 2 and 3, without the authority of Treasury Board, shall not exceed 50 per cent and 25 per cent respectively.

The department will establish a committee to review and approve all salary increases, including movements to higher salary sectors, to ensure, to the extent possible, the uniform and equitable application of this salary administration plan. In addition to senior line management representation, this committee should comprise a senior personnel representative who is knowledgeable about the operation of the departmental program.