This regulation defines “offsetting consideration,” requires certain section 12 agreements to be in writing and properly executed, and exempts a specific class of employees from two Act provisions subject to stated conditions.
c t PUBLIC SECTOR PAY REDUCTION ACT EXCLUDED EMPLOYEES REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to February 1, 2004. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Public Sector Pay Reduction Act Excluded Employees Regulations Section 1 c PUBLIC SECTOR PAY REDUCTION ACT Chapter P-32.1 EXCLUDED EMPLOYEES REGULATIONS Pursuant to section 13 of the Public Sector Pay Reduction Act Stats. P.E.I. 1994, c.51, Council made the following regulations: 1. “offsetting consideration”, defined In subsection 12(1) of the Act, the term “offsetting consideration” means the provision or surrender of a benefit, and may include special leave with pay which does not exceed the amount of leave necessary to offset the reduction in pay effected by section 6 of the Act. (EC644/94) 2. Execution, etc. of agreement under section 12 (1) An agreement within the meaning of section 12 of the Act shall be in writing, and shall be duly executed by the public sector employer, and, (a) in the case of unionized employees, by the authorized representative or certified bargaining agent representing, for collective bargaining purposes, the employees described in the agreement; (b) in the case of non-unionized employees, by the members of a negotiating committee representing a majority of the employees in the group described in the agreement. Agreement binding (2) Subject to subsection 12(2) of the Act, an agreement which is executed in accordance with subsection (1) shall bind the public sector employer and all employees described therein.. (EC644/94) 3. Exemption All employees of the classified division of the civil service of the Government of Prince Edward Island excluded from collective bargaining pursuant to section 92 of the Civil Service Act Regulations (EC709/83) are exempted from subsection 2(2) and clause 7(1)(b) of the Act, subject to the terms and conditions contained in an agreement between the parties dated August 1, 1994, and approved by the Lieutenant Governor in Council. (EC644/94) c t Updated February 1, 2004 Page 3