The conditions under which there is a right to act are determined by collective bargaining. From the collective agreement between PSAC and The Treasury for the program and administrative services group (expiry date of June 20, 2007): 4. The employer may remove certain tasks from a job description, assign an intermediate classification and determine the corresponding compensation. The payment of compensation at the intermediate level may or may not constitute a breach of the collective agreement. The examination to be carried out is whether the worker is essentially performing the functions of the higher (initial) classification level. Bargaining Partners: UNIFOR Collective Agreement Expiry Date: June 30, 2022 Dispute Resolution Mechanism: Arbitrator 11. Negotiations with individual workers are contrary to the principles of collective bargaining. The case law has clearly shown that the existence of a collective relationship excludes “private” negotiations and thus deprives individual workers of their rights guaranteed by a collective agreement. Signing a worker in a signed contract (for example. B a transfer agreement) or the acceptance of the agreement that there is no acting salary does not prevent a worker from asserting his rights within the collective agreement. 9. A worker has the right to act even if he is not absent from work or if he does not work for several days, provided he performs the functions of the higher classification level for the minimum duration prescribed by the collective agreement. When interpreting the tariff language, it is important to break down the provision according to conditions and obligations.
It is then easier to separate what the provision says from what it does not say. 3.For employees of the Public Service Labour Relations Act (PSLRA) units, Section 7 of the PSLRA states that the employer is solely responsible for classification. In departments such as National Defence (DND) and Royal Canadian Mounted Police (RCMP), where an employee could assume the duties of a member of the RCMP as a commissioner, the employer could transform a position into a public service classification (for example. B rcmp sergeant as-02; Major to EG-06) and decide to pay an actor`s remuneration on the basis of the converted classification.