39.01.01

Where an employee is assigned temporarily to perform the duties of a position in a classification with a higher salary maximum for a period in excess of five (5) consecutive working days, they shall be paid as if assigned to the first salary level of the higher classification from the day they commenced to perform the duties of the higher classification, provided that where such a change results in an increase of less than three percent (3%), they shall receive the next higher salary rate again.

39.01.02

Acting pay shall not exceed the maximum of the salary range of the higher classification except where permitted by salary note.

39.02

When an employee is temporarily assigned to the duties and responsibilities of a position in a classification with a lower salary maximum where there is not work reasonably available for them in the position from which they were assigned, they shall be paid the lower applicable classification rate to which they were assigned, after the expiration of ten (10) consecutive working days in such lower classification.

39.03

Where an employee requests or competes for a temporary assignment to a position in a classification with a lower salary maximum, they shall be paid the lower classification rate immediately upon commencement of the duties of the temporary assignment.

39.04

When an employee is temporarily assigned to the duties and responsibilities of a position in a classification with a lower maximum salary where there is work reasonably available for them in the position from which they were assigned, they shall continue to be paid at the rate applicable to the classification from which they were assigned.

39.05

This Article shall not apply to temporary assignments where an employee is temporarily assigned to perform the duties and responsibilities of another employee who is on vacation.

39.06

An employee who has performed the full duties of such designated position in an acting capacity for a period of at least twelve (12) months, shall receive one (1) month’s notice before being reverted to the former position, and failing such notice, the acting salary will be continued for one month after the employee reverts to the former position.

39.07

Article 39.06 shall not apply in cases where the employee:

(a) has requested to be reverted back to their former position; or

(b) is being reverted for reasons of performance or culpable conduct.

39.08

Where an employee is temporarily assigned to a position in another bargaining unit for a period of more than thirty (30) days, they will on the thirty-first (31st) day commence paying dues and be governed by the terms of the Collective Agreement of the position to which they had been assigned except that pensions, insured benefits entitlements, and entitlements under Article 29 (Surplus Entitlements) will continue to be governed by the rules applicable to the employee’s position in the OPPA civilian bargaining unit.

39.09

(a) When an employee is temporarily assigned to a non-bargaining unit position for a period of thirty (30) days or less, they shall continue to pay dues to the Association for the term of the temporary assignment and will continue to be covered by this Collective Agreement.

(b) When an employee is temporarily assigned to a non-bargaining unit position for a period of more than thirty (30) days, they shall continue to pay dues to the Association and be covered by this Collective Agreement for the first thirty (30) days of the temporary assignment. On the thirty-first (31st) day of the temporary assignment, they shall cease paying dues to the Association and this Collective Agreement will cease to apply with the exception of pensions and insured benefit entitlements.

39.10

Where a vacancy is filled through a competitive process pursuant to Article 38 on a temporary basis and the incumbent has filled the position for at least eighteen (18) months, the Employer may assign them to the position on a permanent basis provided that the position has cleared surplus and Article 38 (Posting and Filling of Vacancies or New Positions) shall not apply.

39.11

In no case shall any provision of this Collective Agreement with respect to the filling of, assignment or appointment to, a vacancy apply to temporary assignments, except as provided under Article 39.

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