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PAY NOTES (1) The rates of pay set forth in Appendix "A" shall become effective on the date specified therein. (2) Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of the collective agreement, the following shall apply: (i) "retroactive period" for the purpose of clauses (ii) to (v) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day the collective agreement is signed or when an arbitral award is rendered therefor; (ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in case of death the estates of former employees, who were employees in the bargaining unit during the retroactive period; (iii) rates of pay shall be paid in an amount equal to what would have been paid had the collective agreement been signed or an arbitral award rendered therefor on the effective date of the revision in rates of pay; (iv) in order for former employees, or in the case of death for the former employees' representatives, to receive payment in accordance with clause (iii), the Employer shall notify by registered mail, such individuals at their last known address that they have thirty (30) days from the date of receipt of the registered letter to request in writing such payment after which time any obligation upon the Employer to provide payment ceases; (v) no payment nor notification shall be made pursuant to this clause for one dollar ($1.00) or less. ** (3) The pay increment period for a full-time employee is fifty-two (52) weeks. The pay increment date for a full-time employee appointed to a position in the bargaining unit on promotion, demotion or from outside the Public Service shall be the anniversary date of such appointment. The pay increment date for employees appointed prior to the date of signing remains unchanged. ** (4) Effective January 1, 1998, Non-Operating Employees at levels 4, 5, 6 and 7 shall be paid at the rate of pay in the position on the "X" line which corresponds to the position of their former rate of pay. ** (5) The rates of pay for Operating Employees will cease to have effect when the last employee who was participating in the Retraining and Reassignment Program on January 1, 1998 ceases to participate or his or her employment is terminated in accordance with the terms of the Program. LETTER OF UNDERSTANDING (1-99)Mr. Fazal Bhimji, Dear Mr. Bhimji: This letter will confirm our understanding with respect to clause 14.02. It is agreed, that following signature of the current collective agreement, Transport Canada will provide your Association with the following information on a monthly basis pertaining to all employees in the AI bargaining unit: (a) Employee's name (b) Position number (c) Group and level (d) Location (unit) (e) Tenure or status in position (f) Effective date of change (g) Current salary (h) Date of appointment (i) Acting level (j) Position title. Current salary will not be provided unless the Employer has received authorization from the employee permitting release of this information. LETTER OF UNDERSTANDING (2-99)Mr. Fazal Bhimji, Dear Mr. Bhimji: This letter will confirm an understanding reached during the current Air Traffic Control negotiations in respect to conflict of interest. It is agreed that where there is the possibility of a conflict of interest the employee will be afforded the opportunity to have his or her Association representative meet with the Employer to discuss the possible conflict of interest before a decision is given by the Employer on the matter. LETTER OF UNDERSTANDING (3-99)Mr. Fazal Bhimji, Dear Mr. Bhimji: This is to clarify the intent of the overtime provisions of sub-clause 17.02(a) of the collective agreement expiring June 30, 2000, for overtime worked on days of rest. Where an employee's overtime assignment does not commence and end on the same day, such assignment shall be considered for all purposes to have been entirely worked: (a) on the day it commenced where half or more of the hours worked fall on that day, or (b) on the day it terminates where more than half of the hours worked fall on that day. LETTER OF UNDERSTANDING (4-99)Mr. Fazal Bhimji, Dear Mr. Bhimji: This letter will confirm our understanding reached during the current negotiations with respect to employees who were participating in the Retraining and Reassignment Program ("the Program") as of January 1, 1998. The parties agree that the purpose of not renewing certain articles and clauses that pertained to Operating Employees in the previous collective agreement which expired December 31, 1997 (402/91), was to better reflect the composition of the current bargaining unit, which no longer includes active Operating Employees. There was no intent on the part of either party to remove or reduce a benefit that would otherwise have applied, subject to the terms and conditions of the Program, to those former Operating Employees who were participating in the Program as of January 1, 1998. Should the parties agree that the deletion of one or more of these articles or clauses inadvertently reduced a benefit that would otherwise have applied to employees participating in the Program as of January 1, 1998, that article or clause will be deemed to continue to apply to such employees, as of the effective date of the new collective agreement, until they cease to be participants or their employment is terminated in accordance with the terms of the Program. The parties recognize that articles in the previous collective agreement which had no application to employees in the Program, as specified and applied in individual training agreements under the Program, will continue to have no application. It is understood that the terms of this Letter of Understanding cease to have effect when the last employee, who was participating in the Program at January 1, 1998, ceases to participate or his/her employment is terminated in accordance with the terms of the Program. **LETTER OF UNDERSTANDING (5-99)Mr. Fazal Bhimji, Dear Mr. Bhimji: This is to confirm an understanding reached during the current negotiations in respect of assignment of controllers' duties. Functions which are presently only performed by members of the Air Traffic Control group will not be assigned to members of other bargaining units. Where either party deems it desirable to deviate from this understanding, the parties agree to enter into discussions to consider such proposals and may mutually agree to make exceptions to the foregoing. **LETTER OF UNDERSTANDING (6-99)Mr. Fazal Bhimji, Dear Mr. Bhimji: This is to confirm an understanding reached during the current negotiations in respect of the elimination of the entitlement to familiarization flights and unit visits, described under Article 8 of the previous collective agreement. In consideration for the removal of this benefit from the collective agreement, the Employer agrees to make a one-time payment of $1,200 to those employees in the bargaining unit on date of signing.
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