PAY ADMINISTRATION 43.01 Except as provided in this Article, the Public Service Terms and Conditions of Employment Regulations, and the Regulations Respecting Pay on Reclassification and Conversion as these Regulations exist on the date of the signing of this Agreement governing the application of pay to employees are not affected by this Agreement.
43.02 An employee is entitled to be paid for services rendered at:
(a) the pay specified in Appendix A for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee's document of appointment, or
(b) the pay specified in Appendix A for the classification prescribed in the employee's document of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.
(a) The rates of pay set forth in Appendix A shall become effective on the dates specified therein.
(b) Where the rates of pay set forth in Appendix “A” have an effective date prior to the date of signing of this Agreement, the following shall apply:
(i) “retroactive period” for the purpose of sub-paragraphs (ii) to (iv) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefore;
(ii) a retroactive upward revision in rates of pay shall apply to employees, including initial appointments, former employees or in the case of death, the estates of former employees who were employees in the bargaining unit during the retroactive period;
(iii) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, such that the recalculated rate of pay equals the sum of the rate of pay the employee was previously receiving, plus any retroactive upward revision to that previous rate of pay, plus the same percentage increase, if any, in the rate of pay that the employee received at the time of promotion, demotion, deployment, transfer, or acting situation;
(iv) no payment nor notification shall be made pursuant to paragraph 43.03(b) for one dollar ($1.00) or less.
43.04 When an employee is required by the Employer to perform the duties of a higher classification level on an acting basis for a period of at least three (3) consecutive working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if he or she had been appointed to that higher classification level for the period in which he or she acts. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.
Settlement Administration 11.1 The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Agreement by processing Claim Forms in a rational, responsive, cost effective, and timely manner. The Settlement Administrator shall maintain reasonably detailed records of its activities under this Agreement. The Settlement Administrator shall maintain all such records as are required by applicable law in accordance with its normal business practices and such records will be made available to Class Counsel and Cruise Defendants’ Counsel upon request. The Settlement Administrator shall also provide reports and other information to the Court as the Court may require. The Settlement Administrator shall provide Class Counsel and Cruise Defendants’ Counsel with reports and other information as they may require, including information concerning Notice, administration, and implementation of the Agreement. Should the Court request, the Parties, in conjunction with the Settlement Administrator, shall submit a timely report to the Court summarizing the work performed by the Settlement Administrator, including a report of all amounts paid to each Settlement Class Member on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
a. Upon request, forward to Cruise Defendants’ Counsel, with copies to Class Counsel, documents and other materials received in connection with Approved Claims and unapproved claims per the terms of the Agreement;
b. Receive Requests for Exclusion and other requests from the Settlement Class, and promptly provide a copy of such requests to Class Counsel and Cruise Defendants’ Counsel upon receipt. If the Settlement Administrator receives any Requests for Exclusion or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall also promptly provide copies thereof to Class Counsel and Cruise Defendants’ Counsel;
c. Provide weekly reports to Class Counsel and Cruise Defendants’ Counsel regarding
d. Make available for inspection by Class Counsel and Cruise Defendants’ Counsel the Claim Forms, any documentation or other evidence submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice.
11.2 The Settlement Administrator shall employ reasonable procedures to screen claims for abuse or fraud, including without limitation, by cross-referencing the information provided on the Claim Form against the Call Records, and by reviewing the submissions of the Settlement Class Members. The Settlement Administrator shall reject a Claim Form, or any part of a claim for a payment reflected therein, where there is evidence of abuse or fraud. The Settlement Administrator shall also reject a Claim Form that does not contain all of the requested information necessary to screen the claim for fraud or abuse, after giving the claimant a reasonable opportunity of no greater than fourteen (14) days to provide any requested missing information. The Settlement Administrator shall notify the claimant regarding the missing information via email, telephone call or direct mail, whichever is the most practical based on the information provided in the Claim Form, within five (5) business days after the Settlement Administrator rejects the claim. The Settlement Administrator’s validation or rejection of all Claim Forms shall occur on a rolling basis once the Settlement Class Members have been notified of the Settlement so that the Cruise Defendants may make any challenges to any claims known to all Parties and attempt to resolve them on an ongoing basis in order to avoid making all objections at the conclusion of the claims period. The Parties shall receive weekly reports of the status of all claims, including, but not
11.3 Subject to the provisions set forth at Section 2.3, the Cruise Defendants and the Class Representative will have the right to challenge the submission of any claim from any Settlement Class Member on an ongoing basis from the date Settlement Class Members have been notified of the Settlement up to thirty (30) days after the Settlement Administrator provides the list of all of the validated and Final Approved Claims for payment. This deadline is premised on the Settlement Administrator regularly updating the Notice Database as to the status of all claims on a rolling basis and providing weekly reports to Class Counsel the Cruise Defendants regarding the status of all claims, including Approved and rejected claims, which determination shall be made by the Settlement Administrator on a rolling basis once the notice period commences, and providing timely access to the regularly updated Notice Database and required documentation upon request. All challenges not resolved between Class Counsel and the Cruise Defendants’ Counsel will be presented to the Court at the Final Approval Hearing, which will make a binding determination as to the challenge. To effectuate such challenge, the party making the challenge must provide email notice to the Settlement Administrator and opposing counsel informing them of the claim(s) that party seeks to challenge and the factual basis for that challenge. Challenges must be made to individual or designated groups of Claim Forms; so-called “blanket” or “mass” challenges to all Claim Forms without differentiation will not be allowed.
11.4 In the event the Cruise Defendants challenge one or more Settlement Class Members’ claims, the Settlement Administrator shall notify each Settlement Class Member within five (5) business days of its receipt of the challenge via email, telephone call or direct mail,
11.5 In the exercise of the duties outlined in this Agreement, the Settlement Administrator shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
