Loading...
HomeMy WebLinkAbout1983-0762.Muscatello.85-05-08 .~.:;... 1 i" .~ r r , , .' . ? ~ ,r , ~ ),' .'" OHTAmO CFfOWN EAFlOVEES GRIEVANCE 1111 SETTLEMENT BOARD 160 {)()N/)AS STREET WEST. TORONTO. OlfTARIO. MSG IZ8 . SUITE 2100 TEl..EPHONEt -ne/S98- 0688 762/83 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Wayne Muscatello) Grievor - and - The Crown in Right of Ontario {Ministry of Correctional Services} Employer Before: G. Brent I.J. Thomson W.A. Lobraico Vice Chairman Member Member For the Grievor: P. Sheppard Grievance Officer Ontario Public Service smployees Union For the Employer: J.P. Zarudny Counsel Crown Law Office Civil Ministry of the Attorney General Hearings: October 11, 1984 January 7, 1985 --~ 'r ~ 2 ,- The matter arises out of a grievance lEx. 1) dated November 4, 1983 , in which the grievor complains that his 'claim for e>:penses associated . . ' with [nis) developmental assignment has been rejected by {his} Area , , . .... - ;;. Manager, Keith Walker, Brampton Probation Office'~ As relief he requests (1) mileage from his residence to the Mi'mico Correctional '- Centre, (2) meal allowance, and (3) tra ve I t1 me to and from the developmental assi gnment. The facts in this matter are relati vely strai gbtforward. The only evidence which we heard was from the grievor, so our summary of the ('. , - . facts will be, 1n essence, a summary of his testimony. . . The grievor was employed by the Ministry as a contract employee for , . f": some time before he was the successful applicant for a full-time -~ . Probation Officer 1 position in the Brampton area. The Opportunity Bulletin for the job (Ex. 2) set out the following description of the job; ':1('1 .~. ( ....." "- - The successful. candidate will, under general super,vi sion, in adult probation of~1.ces, serve courts and adult offenders in that area; prepare pre - s e n ten c ~ r epo r t S, c 0 !l d u C t S 0 cia I i nve sU l;l tions, ,ensure tha t terms of proba tion and p~role oz:ders are fulfilled; provide guidance, counsell1ng and supervision to adult probationers _andparol.ees, and perform other specialized functions as required, including Institutional Liaison duties. . ,"..?" :- ~o:": On August 12, 1982 the grievor. was in~ormed that he was appointed ,to,the pos1ti~n, (Ex. 3) and hi~ head~uarters .bec,!me the Brampton Office. The posit10n1s,a Schedule 6 position, and it is recognized that while there is a minimum weekly number of hours e.xpected or the ,grievor, there may be a, need forhim to work in excess of that in order ,to complete his duties. The parties ha,~~,enter~d i,nto an agreement (Ex. 15) which grants Probation and Parole Officers on Schedule 6 3 ( addtional days oft with pay, in recognition of the additional and flexible hours which they are required to work. The essence of the dispute does not concern any period when the parties agree that the grievor's headquarters was the Bralllpton Office. The dispute arises concerning a developmental a8Si~ment to the Mimco Correctional Centre which was effective in October, 19ij3. Suffice it to say that during the period prior to October. 1983, when everyone is agreed that the grievor's headquarters was Brampton, he would submit expense accounts for m1leajJe and meals which were honoured by the Ministry. For the sake of simplicity we can say that these expenses were incurred when, in the course of bis duties, he was required to travel outside of Brampton. Pr10r to October. 1983 the gr1evor was handlinga sedgraph1cally determined case load out of the Brampton office. Although he 1s not required as a conctition of employment to have his own car, he used his car on his periodic trips out of the Brampton office when he had to travel to meet cUents in other places'served by the Btampton office. In fact, he tesU!1ed that an automobile was required 10 order to dO,his job and that there was no Ministry automobile availal:le to him. When he drove hi s car on those trl ps he was not transportl ng any other person on Ministry business and would only be carrying his briefcase and case note s wi th hi m. He was pai d milea Be and IDea 1 allowance sa 5 c la1 me d on those trips. His headquarters was clearly considered to be the BralDpton Parole Off1c-e for the purpose of any expense claims prior to October. 19t13. The Institutional Liaison Officer has no caseload. He works in an institution interviewinginlllates and assisting them In making parole plan8~ He also acts as liaison between the Parole Board and the Parole 4 Of [i ce rs j n the communi ty.' \ As the Opp.ortunitylBulletin (Ex. 2) points t' ,: - , out, the Probation and Parole Officer j9b.includ~,s the performance of ~ . , ~ this specialized function. The grievor had no experience in this sort, of work and there 1s no dis'pute betwe~n the,pa,rti,es that the Employer could properly assi gn the grievor to these duties. In August, 198) the, grievor was"f1_rost;1nformed that he would be ... . ...j~lo.. ,.. f) or assigned the Institutional Liaison Officer duties in the Mimico Correctional Centre as a development~.l assignment. The purpose of a ,- developmental assi gnment is to lear,n o!:herjob,functioDs and thereby (" 8l1n insi31t into another side of the M1~1s.try's functions. The grievor test! fled that he was informed that the ass! BDment was Dot permanent and j L . .~ ... ~ that it would last'for at least ,si.xDlonths a,n"d at most twelve. In fact "" .... :J. the assignment was for six months.. Because the circumstances, of this ~asstgnment are critical to the . . determination of the issues before us" we wi~l_reproduce in full the '.' ...... correspondence which wa,s excban,ged betwee~ t,he grievorand his Area Ma na ~ r, Mr. Wa lice r. Tha t correspond~nce follows: ,. .!!:. ,i. . ~ (. [This is a memorandum. sent by ,Mr. Walker, the Area Manager to the grievor and Mr. Su}.livao, dated Au~st 15, 1983J De velopmental Assi gnDlent This will confirm. my conversation with you both. There will be an exchange of your duties to take place in the month ofSeptem,ber 1983, OD a day to be oe go t1 ate d. It is expected that preliIl1inary visits will commence immediately allowing for the introduCtion of the incoming officer to personnel at both the institu.tionand field office."Also, the outgoing officer sk"!ould familiarize his_replacement with the duties and responsibl1ties of his position. 5 In view of the fact that Mr. Sullivan will not have completed his Law examination untiL September 15/83, I do not requi re the e xchan ge to occur be fore tha t da te but 1 t should be cornple ted by the end 0 f tha t llIon th. I am sufe that you will both benefit by this @ xper1ence and I thank you for your co-opera tion. Ex. 5 (This memorandum was s@nt by the grievor to Mr. Walker on August 17. 1983J ( Further to our conversation thi s day 18m wri t1nS to advise you I feel 1 am entitled to travel expense to and from my developmental a8sJsoment at the K1mJco C.C. As you are aware I have not volunteered or requested this developmental a881 gnIll!Dt'~ '. I was under the impreSSion Illy 'normal place of employmeot' w1thin the Brampton Area, when hired as a 'probation officer, (first on contract in Dec. 1981 and later as cOlZlpH meat staff 1n Aug. 19d2) W8S the Brampton Probat1(m O1f1ce. The prox11l1ty of my place of emploYIIll!Dt obviously influenced my decJs10n where to locate Illy residence (I preaently uside within approx. 3 k1l8. of the BralllptoD probation Office). At the same time I am_aware one of the expectations of my posi tlon as probation off1cer 1ncludes insti tut10nal lia180n duties. I feel. however. I should have 101 t1ally beeo h1 red 1n this capacity and allowed to e8tabU8h residence near this place of employment. I do not feel I should be now burdened wi th the added expense of gasoline aod wear and tear to my personal vehicle in covering approx11ll8tely 60 kms. daily to the . Mi mtco C.C. (I consider thi S outsi de my normal work location), Dor do I feel 1 t lIould be reasonable to expect me to relocate my residence in Brampton for a temporary developmental 8S8i gnment. I am also requesting you clad fy whether my trawl time will be included as part of my work schedule or will it be considered outside worlttng hours - 1n wh1ch case I feel I have 8 claill to overtime compensation 89 stated 1n Article 23.1 of the collee t1 ve Agreement. ........... P.s. - In addition as I perceive thelBrampton Probation Office to be my 'normal place of employment' Or my 'assl geed headquarters' 1 ( ( ( '. <) 6 believe, I should also be entH~~d..tD a meal allowance when travelling to the MimicD C.C. as 1 t ,e xceeds the 24 kqomt;! tre ,bo~nda ry established in Article 17.22(b) of the Co lIe c ti ve Agree me.[l,t., Ex. ~ . I I ~ {Memorandum dated August 19, 1983 fr...m Mr. Walker to the gri e vor J .' '. . . ~. L"' . YOUR MEMO DATED AUGUST 17. 1983 ~ t' To respond to your letter dated August 17, 1983, may I.address' eachp01nt. Your,'e,mployment is within the Brampton Area as indicated in competition #CI-0137":'S2, the one in whi'ch' you ~e re the succe 8S ful"a pp,H c~n t. .Af? you point out, you llad at that time been on contract to this .Area for some nine months and it would be. e xpe c te d tha t you wa u1 d be a wa re tha t the I.L.O. posit1on at Mimico was'included In this Area. Furthermore, the competition notice specifically note s tha L the. appli can t would ,be, requi re d to perform 'Inst1 tutional Liai son Dutie s'. - In the matter of your choice of residence, I have no cOllUlent,as_thls Is a,personal pre.rerence. I am not pr,epared to aHo,,! you 'travel tim~' since your place of employment will.be Mlmico (Article 23.3). A meal allowance will not be allowed as this,will not be an 'unusual non-recurri'ngsitua'iion' (Article 17.2.4) and your '88si gned headquarters' w:111 beM:tm:lco' (Article 17.2.2 (b)). " . , E Jt. 7 -- [Memorandum dated September 16,1 983 from Mr. Walker to the ,grievor] Developmental As~1gnment - Mimeo C.C. - October ?, 1983 This will confirm our previous conversation concerni ng your future de ve lopmental a ssi gnnent,. As of October 3,1983, you willbe assigned tothe LL.O. posi tian at MJmico Correctional Centre. I am sure you will benefit from this opportunity. 7 Please ensure ch'st your field cases are ready Co hand over to Mr. Paul Sullivan. The grlevor filed an expense sheet for the month of October. 19d3 claillling milea~ between his home and M:lUlico. and lunches tor each day at Him1co. This claim was refused and the grievance was filed. The griever tesUfted that during the period of h.1s developmental assi gnment to the !i1 mico C.C. his hours of work. were from 8:30 a.m. until 4:45 p.m. and that he tried to keep those hours. He said that be had to lea\le home by 7:45 a.m. and would return home at around 5:30 p.m. ( each day. He said that on his trips from home to the Kim1co C.C. and back be would transport oet ther Hi aistry equi pmeDt nor personnel. There .,', . " .;. i8 po publIc transportation available between his home and the Mimeo C.c. The gr1evor also said chat when che de\tl!lopmental 8S81 gDmeot was made he expressed concerns to hi 8 Area MaD.ser about the conci tiOD of his automobile and its ability to function during the period of his assignment. ,In fact there were some days wben his automobile broke down and he was allowed to work in the Bralllpton Office while it was out of 8~rv1c:e. On those days he was not pa:ld any expense allowance even ~. though Bumpton 1s over 24 kID. from the K1m1co C.c. The grievor testif~ed that he was not aware of the way in Which the Employer treated any ocher employee's expense claIms and he was not relying on the Employer's treatment of any other employee in making his case. In addi tion to the grievor's testimony the Union introduced other dOCUlllent6~ beinge)(Cerpts frolll policy manuals and a memorandum refJIrding expenses (Exs. 13. IS. /)17). We will deal with those documents in the course of the decision should we consider them releva.nt to th~ 8 . , I '\, de te r aU na ti on . ..!r,j I" J ~. The 'jssues'~ as'defined by the parties. are these: I'; '. 1. Is there any restrictjon on the Ministry in determining 'whetheran employee 1s on'Ministry business for the purpose of Article 22 of the collective agreement? If so. has this been vi ola ted? I 2. Does Article 17.2.2(b) apply to disentitle the grievor to a . . mea 1 allowance? 3. Was the grjevor "travelling outside of workiDg hours.when . 1 . ~ 1 ( authoriud by the ministry" for the purposes of a claim under ., , ' '\.0 Ar ttcle 23.11 ,y.; The following articles of the collective agreement are of 1 mpor,tance 1 n de te rmi n1 n g the IlIB t te r : . . _" 1 ARTICLB 7 - BOUIS 01' WORK. 7.3 SCHEDULE 6 .J '- ~ . The normal hours of work for elIlployees on thi s schedule .'shall be.a' m1 01 mum of thi rty-six and one-quarter (36 1/4) hours 'per week~, " ~. Ii, ,~ AK1'ICLE ,17 - JtIAL ALLOIIAlfCE r \" 17.2.1 Cost of meals may be allowed only: 17.2.2 If during a normal meal period the e m p 10 ye e i s t rave lli n g 0 n go ve r n me n t :bus{ness other than: . (a) oil, patrol duties, except as. provided under subsection 17.2.3, or . . (b) within twenty-four (,24) kilometers of his assigned headqU:Clrters" or ~c) wi thin the lDetropoli tan area in which he js normally working; ARTICLE 22 - KlLEAGE RATES EXPRESSED IN KILOHETB.ES 22.1 If an employee is required to use his own 9 automobile on the Employer's business the followingrates shall be paid effective April I, 1982: K.i lo~ tres Dr! \Ie q Southern Ontario Northern Qntar! 0 0- 4,000 km 4,001- 12.000.km 12,OUl kID a'nd ove r t 23.5/km la.O/kID 1S.0 Iklll t. 24.0/km la.S/kID 15.5 /km Al.TICLE 2) - TIllE CKEDI"lS WllILE TlARLLIHG 23.1 Employees shall be cred1ted with all time spent in travelling outside of working bours when authorl zed by the minl stry. We acknowledge, wlthout reservation, that the Employer has the ( right to designate headquarters aod to change tbe designation of headquarters. The Uoion did not take issue wi th the proposi t10n put forward by the Employer that that was 1 ts manaaement r1 ghe and that such right was not 1n any way fettered or affected by the collective agreement. Indeed, we cons1der that the cases c1 ted to us all aCk.Dowledg! that such a riillt exists. In Howes (356/82) the Board found tbaC the Employer there had undertakenjn 1ts internsl Manual to designate headquarters in a way vhi ch wa s e qui ta ble to both the employee and the Employe r. The Boa rd went On to flnd that the re-designat10n of headquarters was not \, equltable to the grievor. The Board also determined that in order to interpret Article 22.1 of tile collective agreement external evidence was needed to clari fy the mean1ng of the article, which does not speci fy points of departure. The decision lias upheld by the Divis10nal Court sub nOm. Re The Queen l!!. rl ght E...! Ontario and Ontario Public Service Employees' Union!..! a1. (19H4), 45 O.R.(2d) 361. In support of the contention that the Employer here had equally undertaken to act in an equitable fashion the Union referred us to the 1ntroductory pages of the Ontario Manual of Administration (Ex. 17). 10 ( That passage is appended to this decision along with, the portion of the r1anual which deals wi th 'Internal Duty Assignment': The purpose of the manual is stated, in part, to be to "9Jide mana~rs at all levels in the Ontario Public Se~v1ce In the:'.:!!l..! and equitable treatment of their personnel '; The portion resard1ns. 'Internal Duty Assi gnment" deals wi th expenses which are apowable' and does include under that heading travel and living'extlenses~ We do not agree that the 'portion of the Manual which deals wi th c .. 'Internal Duty Asignlllent"1s necessarily applicable to the situation before us. On its 'face, it seems to contemplate enrollment 1n sOllie sort :~: ,"''j;,' af farmal course rather than the sort of dewlopmect assignment which was made in this case. On the other hand, it does indicate that travel and 11 ving expenses can be considered. to be allowable when an employee 1s ensa~d in one type of internal staff development for,the benefic of both the employee and the Employer. 10 the instant case, the grievor was not transferred penosnenely to fill the Institutional Liaison Officer posi tion at the Mimico Correcitonal Centre. He was clearly told that the assignment was ( temporary and for the specific purpose of staff development. that is, to educate him in other aspects of the job fo~ the benefi t of both himself and the Employer. Given that the assignment ,could be for as little as six months, which was in fact the case, and that he knew that he would _ be returning to the Brampton Off1ce, it 'Would indeed be unreasonable to expect him to relocate to the Mim1co area. Surely, given the lack of public transportation, the likely duration of the assignment, and the knowledlJ:! that he would be returning to Brampton. it,was reasonable to contemplate that he would be j'ncurring travel'expenses in order to ~ 11 travel between hIs home and Milllico. '.,/e agree that there is no obligation on the Employer to pay for either the expenses or the tillle spent by an employee cOlllmuting between hi s home and hi s headquarters. We further agree tha t the Employe r has no control over where an employee chooses to live and that by reason of that choice the Employer cannot be subjected to addi tional expense. It is our finding. though. that this assignment to Mim1eo was an internal developmental 8ss1gntDe.nt of temporary duration and that in considering travel expen'ses for such an assignment the Employer should have ( considered its undertaking to treat its employees in a "fair and equ1 table" manner. By de 81 goa t1 D 8 M1 m:1 C 0 a s the gr1evor's hea dqua r te r 8 and refusing to hooour claims for travel expenses between his home and M1mico. the Employer was in effect placing on the grievor all of the financial burden which would be incurred at its requeat for his development as 8 Probation Officer in 1ts service. In our view such a result under the circumstances of this case would Dot be fair aod equ1table to the grievor when travel aDd l1ving expenses can be allowable expenses for staff developtDent courses. In other words. we do not cons1der that it is necessarily fair and equitable to allow the , i. Employer to defeat any obli gaUon which it may have to pay for travel expenses 1n connection with internal staff development assignments by means of re-designating an employee's headquarters. In fact. the Employer seemed to be incons1stent 1n the re- des1gnation of headquarters 1n this case. The grievor's automobile broke down on some occasions and he was allowed to work out of the drampton Office then because he could !'lot reach Mimico. Surely, if the Employer was then treating him as being headquartered in Mimico it should have paid h1m travel and meal expenses for the days that he I,WS ~ 12 ( working out of the Brampton Office. While travel expenses may be allowed under the Manual (Ex. 17) Article 22.1 of the collective agreement requires the 'Employer to pay milea8! claims when an employee Is, 'required to;use his own automobile on the Employer's business". In this caset there can be no doubt that the grt-evor was required to drive his ow.n automobi:le. The absence of public transportation and the fact that he was allowed to workat the Brampton Office when his automobile was not operating certainly 'indicates that it was recognized that he was requi.red to drive his ( automobile in order to complete this developmental assignment. We ,:~}~ further consider that travel incurred 1'0 the course of commuting to a -;..~~~~ ..' developmental assignment under circumstances where it would be .:.; :; . impractical and unreasonable to relocate falls wi tbin the meaning of "the Employer's business" for the reasons set out above in discussing e %pense s for in te r.na I de ve lopmen ta 1 as~i grime n ts., In 0 the r wordst in terms of the wording of the "first issue put before us, we consider that the Employer has undertaken 'to interpret the phrase ''the Employer's business" in a manner which is fair and equitable to its employees and , \, in"keeping with its recogniUon in the manual (Ex. '17) that travel expenses incurred in the course of internal-staff development assignments are allowable expenses which may be paid. We therefore consider that the grievor should be paid milea8! pursuant to Article 22 of the collective agreement. It has been noted in several cases that the collective agreement does not define points of departure for the purpose of calculating inileage. In the instant case, we consider that the additional expense to which the grievor was put at the request of the Employer was the 13 :! ( difference between what he would normally have to drive to work in llrampton and what he had to drive to work in Hll1lico. We believe that chis amounts to approximately 24 km. per trip or 48 km. per day and we direct that the appropriate m:11ea8! rate ~ applied to those trips given the kilometres driven by the grievor in the fiscal year io question. We consider that tbis deals with the first ilssue put before us. In dealing with the other two issues we do not consider that the grievor's claims should succeed. Under Articles 17.2.1 and 17.2.2 the c.ollect1ve agreement provides that meals w111 not be paid if the employee 18 w1 tbin 24 km. of hi sassi gned headquarters or wi thin the metropoHtsn area 1n which he normally works. Here the grievor's assigned headquarters for the period was Mimico and, io any event, he was normally working at Himico for the period 1n question, therefore we do not consider that there has been any v1olation of Article 17 by re fusi ng to pay his meal costs. In reading TomaSini (71/78) and Fawcett (275/82) there lIl4y be SOIlle conflict between the two decisions concerning the applicsbilJty of Article 23.1 to Schedule 6 employees. We do not consider that we need resolve any such confljct in eMs csse because we cOllsider that the time the gt1evor spent every day travelling between his home and the Mimico C.C. should be regarded in the same manner as commuting time between home and work. 'We do not consider that Article 23.1 waS intended to compensate elDployees for such time, but rather that it was intended to . deal with travelling other than that between home and headquarters. For all of the reasons set out above, we allow the grievance in parti specifically we award the payment of rnl1eaw claims pursuant to Article 22 of the collective agreement on the basis set out in this .') ~ award. Io/e will remain seized of the matter should the parties be unable 0; 14 to agree on the appropriate amount to be paid to the grievor. DATED AT ,LONDON w ONTARIO THIS 8th DAY OF May w198~. ',.:~'- . . - . ~~ Gail Brent. Vi ce Chai rman r. 1. J. Thomson, Member ( . w. A. Lobraic:o. Member ''':'$:..... \:.~):;I ::.::1::--::: >;':\-/.-~.~ ~ .: ~ c ,p'tii ~ Ontario Manual of Administration ~ FOREwORD Authority: Purpose: ( ( References to Acts, Regula- tions and Co 11 e c t 1 ve Agreements: Suggestions for Amend- centS: APpnwrx I> F~LI CY Introduction This volume is issued by the C1v1i Service Commls- &10n, with the approval of the Chairman Management Board of Cabinet, a8 Volume 2 of the Manual of Administration. This volume Is the main reference source fOr l1ne managers in the area of personnel management. It: .) contains per60nnel policies and procedures approved by the Lieutenant Governor in Council, by Management Board of Cabinet, or by the Civil Service Comml~sion in accordance with The Public Service Act and Regulations; and b) provides, where appropriate, administrative direction for the administration of these policie.. These polie!e. and procedures viII guide managers at all levels in the Ontario Public Service in tbe fair and equItable treatment of their personnel. As proper treatment of personnel 1. dependent upon the intelligent application of these policies and procedures, the principles involved and the intent of the instruction should be kept ~on8tantly in mind. Although directed mainly towards line manager6~ this volume should form the main body of reference materIal for personnel directors and their staffs. Where references In this volume are made to Acts and Regulations. t~e definitive authority in each case is the offica1 statute or regulation. ~here the policies and procedures contained in this volume are in conflict with a collective agreement applicable to a bargaInIng unit in the Ontario Public Service, the provisions af the collective agreement preval1~ Suggestions for amendments should be forwarded to the Editor. Manual of Adm1nistration Volume 2, ~~~:~l~:rvlc. cccmlSSl0n..~~~~ --r:::fl ~ man Civil Service Commission I 4-2-J ~. ,. ( ( :; ~f1i ~ Ontar:o Manual of Administration POLIcY Staff Develop~ent INTERNAL DUTY ASSIGNMENT Eligibility: ~- . To:be eligible for an internal staff:development duty assignment, a public servant shall have completed at least one year of service in the public service, except that 8 deputy minister may.waive this requirement in indiv1dual eases where: . circumstances so dictate; and . ,the' deputy minister is satisfied that the public servant intends to remaln1n the public service long enough to ensure an adequate return for the invest- ment in their development. .. .1; ~ Type of Progr~ Supported: Allowable Expenses: .. Conditions: A deputy minister may assign a public servant t~ participate in an internal staff development program not normally exceeding 12 months, that, 1n the deputy minister's opinton, will prov!d~ the public servant with skills or knowledge of ~ value to the public service (Ref. REG. 23(1)). A ~eputy minister ~ho has assigned a public servant to participate in an internal staff development program: . shall authori~e the payment of an amount equal to the cost of tuition fees; and . ilia' authorize the payment of an amount equal to all or part of any other expenses that have been specified and agreed to by the deputy minister prior to the commencement of the duty assignment. Other expenses related to the civil servant's participation in the staff development program may include: . ~egistration fees examination fees necessary books and supplies . necessary travel and living expenses. NOTE: Membership fees are not eligible as staff development expenses. See Volume 1. Manual of Administration. "Member- ship FeesM under "EHPLOY~E'S EXPENSESM. ... A public servant assi~ned to participate in an internal staff development program shall: submit regular personal 8ttendance reports (Ref. ... !'tEG. 23(4)1); not accept s bursary or scholarship in respect of the ... program (Ref. REG. 23(4)2); not' enter into any other emplo)'lllent that would inter- fere with their participation in the program or other- ~ise contravene nny provision of the conflict of interest regulation made under the Public Service Act t@1 ~ Ontario Manual of Administration ," POLICY Staff Development INn:R~AL DUTY ASSIGt\'}IENT (condnued) >>-- Conditions: (continued) not be eligible to earn overtime credits or overtime pay by reason of participating in the program or completing work pertaining thereto (Ref. REG. 23('-)4); be eligible for normal salary and benefits treatment. . . How to ensure that civil or public servants are made aware of the conditions applicable to duty assignments 1s at the deputy minister's discretion.' .' Programs Exceeding Twelve Months: The deputy minister may renew a duty assignment exceeding twelve months: . upon proof of aat1sfactory progress; and . aubject to the lame provisions and conditions as the orIginal assignment~