Common use of Reclassification and Revaluation – Downward Clause in Contracts

Reclassification and Revaluation – Downward. In the event a position or class of positions is reclassified downwards, or in the event a class of positions is revalued downwards, each incumbent of any such position shall be treated at the discretion of the Board in accordance with one or other of the two following methods: a) The incumbent shall with immediate effect have his/her rate of pay reduced to the appropriate new level for the class, and shall at the earliest reasonable opportunity following such reduction be paid a lump sum equivalent to twenty-four (24) times the monthly difference in the case of a salaried employee, or four thousand, one hundred, seventy-six (4,176) times the hourly difference in the case of an hourly rated employee, between the former pay rate and the new reduced pay rate; or b) For as long as the incumbent continues to occupy any position covered by the collective agreement, (s)he shall suffer no reduction in the rate of pay by virtue only of a reclassification downwards or a revaluation downwards and shall continue to receive all general pay increases and increments to which (s)he would otherwise have been entitled, PROVIDED THAT at any time during the two (2) years immediately following the date when the position was reclassified or the class in which the position was grouped, was revalued, then notwithstanding such reclassification or revaluation, the Employer may unilaterally promote such incumbent to any other vacant positions for which (s)he is qualified, and which is valued at the same level as the position was formerly valued. c) For the purposes of paragraph 18(a) where there exists a pay range for the class in question, the “appropriate new level for the class” shall have the following results: 1. in all case of reclassification downwards, each incumbent occupying a position within such class, will be placed on the highest step of the new pay range which is lower than such incumbent’s previous rate, and the increment date for each such incumbent shall be amended accordingly. 2. in all case of revaluation downwards; each incumbent occupying a position within such class, will be placed on the same step of the new pay range as such incumbent occupied on the pay range for the class to which such incumbent’s position previously belonged, and the increment date for each such incumbent shall not be amended.