43.01

For the purposes of this Article, “Information & Information Technology” is defined as any activity which involves the investigation, analysis, planning, acquisition, design, development, implementation, operation and maintenance of information technology, the management of information including the security of that information and/or the automation of business processes.

43.02

For purposes of this Article, a “non-public servant” is:

i. a person who has not been appointed by the Public Service Commission; and

ii. who is engaged to perform work related to Information & Information Technology.

43.03

Persons employed or engaged by a supplier of I and IT equipment, hardware or software who are performing work in relation to the installation, maintenance and support of that equipment, hardware or software shall not be considered “non-public servants” for the purposes of this Article. There shall be no restrictions regarding their use, and they shall not otherwise be covered by the terms of this Article, nor the reporting requirements in Article 43.06.

43.04

The use of a non-public servant to perform bargaining unit work does not constitute a violation of the Collective Agreement.

43.05

Non-public servants, while in the workplace, shall not perform duties normally performed by employees in the bargaining unit if it directly results in the lay-off of a bargaining unit employee.

43.06

Every six (6) months, the Employer will provide the Association with a report including the following data relating to all non-public servants as defined in Article 43.02 who perform the OPPA bargaining unit work requiring regular attendance at one or more sites controlled by the Employer:

i. The name of the non-public servant;

ii. The workplace regularly attended by the non-public servant;

iii. The role and level for which the non-public servant is engaged;

iv. The start date of the engagement of the non-public servant;

v. The end date or anticipated end date of engagement of the non-public servant; and

vi. The number of days worked during the reporting period.

43.07

At the time of providing the report, and for the period of the report, the Employer shall pay to the Association a payment for each day of work performed by the non-public servant performing OPPA bargaining unit work identified in the report. The formula for such payment shall be as follows: 1.4% of the daily average wage of the maximum rate for the System Officer series multiplied by the number of days worked set out in Article 43.06 (vi). It is understood that the above-noted non-public servants are not represented by the Association.

43.08

The Employer will require basic or enhanced security screening checks for the above noted non-public servants.

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