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 5.1. The Settlement Administrator shall, under the supervision of the Court, administer the relief provided by this Settlement 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 Settlement 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 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 Hearst’s Counsel with information concerning Notice, administration and implementation of the Settlement 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 Settlement Class Members on account of Approved Claims. Without limiting the foregoing, the Settlement Administrator shall:
(a) Forward to Hearst’s Counsel, with copies to Class Counsel, all documents and other materials received in connection with the administration of the Settlement Agreement within thirty (30) days after the date on which all Claim Forms have been finally approved or disallowed per the terms of the Settlement Agreement;
(b) Receive exclusion forms and other requests from the Settlement Class and promptly provide a copy of such requests to Class Counsel and Hearst’s Counsel upon receipt (“the Opt-Out List”). If the Settlement Administrator receives any exclusion forms or other requests from the Settlement Class after the Objection/Exclusion Deadline, the Settlement Administrator shall promptly provide copies thereof to Class Counsel and Hearst’s Counsel;
(c) Provide weekly reports to Class Counsel and Hearst’s Counsel, including without limitation, reports regarding the number of Claim Forms received, the current number of Approved Claims, the estimated payment per Settlement Class Member with an Approved Claim, and the number of opt-outs and objections received; and
(d) Make available for inspection by Class Counsel or Hearst’s Counsel the Claim Forms, any documentation submitted in support thereof, and any correspondence received by the Settlement Administrator at any time upon reasonable notice.
5.2. The Settlement Administrator shall employ reasonable procedures to screen claims, and requests for exclusion, for abuse or fraud or other defects, including without limitation, by cross-referencing the information provided on the Claim Form against the Class List. The Settlement Administrator shall reject a Claim Form, any part of a claim for a payment reflected therein, or request for exclusion, where there is evidence of abuse or fraud or other defect (including, but not limited to, where another Claim Form previously has been accepted concerning the same telephone number, where the Claim Form has not been timely submitted, or where the Claim Form is associated with a person or telephone number that provided consent to be contacted by the San Francisco Chronicle). The Settlement Administrator shall also reject a Claim Form, or request for exclusion, that does not contain all requested information necessary to screen the claim or request for exclusion for fraud or abuse or other defect, after giving the claimant a reasonable opportunity of no greater than twenty-one (21) days to provide any requested missing information and/or cure the alleged defect.
5.3. Both Hearst’s Counsel and Class Counsel shall have the right to challenge the acceptance or rejection of a Claim Form or request for exclusion submitted by Settlement Class Members. The Settlement Administrator shall follow any agreed-to decisions of Hearst’s Counsel and Class Counsel. To the extent Hearst’s Counsel and Class Counsel are not able to agree on the disposition of a challenge, the Settling Parties agree to promptly bring the disputed challenge to the attention of the Court (or other mutually agreed-upon neutral) for resolution.
5.4. In the exercise of their duties outlined in this Agreement, both the Settlement Administrator and the Court (or other mutually agreed-upon neutral) shall have the right to reasonably request additional information from the Parties or any Settlement Class Member.
5.5. The Final Approval Hearing shall be set for a date no less than ninety (90) days after the Notice described in Provision 4.2(e) is disseminated.
5.6. The Settlement Administrator and Class Counsel shall keep the Class List and all personal information obtained therefrom, including the identity, telephone numbers, email addresses, and U.S. mailing addresses of the Settlement Class strictly confidential in accordance with applicable law and confidentiality agreements that they may execute. The Parties agree that the Class List may not be used for any purpose other than effectuating the terms of this Agreement or the duties or obligations arising hereunder.
