Common use of Salary Protection Status Clause in Contracts

Salary Protection Status. (a) The term “attainable maximum rate of pay” means the maximum salary rate in the case of all levels. (b) Where an employee’s duties and responsibilities are reclassified to a level with a lower maximum rate of pay than the level at which he or she is being paid, the following shall apply: (i) Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former level. This may be cited as salary protection status and, subject to section (ii) (B) of this guideline and for a one year period following notification shall apply until the position is vacated or the maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level. Following the one year period after notification, the incumbent’s salary will be subject to a holding rate as described in section (iv) of this guideline. (A) The NCC shall where appropriate, make reasonable effort to transfer the incumbent to a position having a level equivalent to that of the former level of the position. (B) An incumbent who declines an offer of transfer to a position referred to in (ii) (A), without good and sufficient reason, shall immediately be paid at the applicable rate for the reclassified position. (iii) Employees subject to section (ii) of this guideline will be considered to have transferred for the purpose of determining increment dates and rate of pay. (iv) An employee whose position was downgraded and after the one year period of salary protection, he or she will be paid a holding rate of pay for the reclassified position that is nearest to but not less than the employee’s current rate of pay or, if no such rate exists, the employee’s current rate of pay as a holding rate until such time as the maximum rate of pay for the reclassified position is equal to or greater than the holding rate at which time the employee’s rate of pay shall become a rate of pay in the salary range for the reclassified position and be subject to the new scale of rates plan.