APPENDIX "B"
TABLE OF CONTENTS
GENERAL
Application
Collective agreement
Objectives
** Definitions
Authorities
Monitoring
References
Enquiries
PART I ROLES AND RESPONSIBILITIES
** 1.1 Departments
1.2 The Treasury Board Secretariat
1.3 The Public Service Commission
** 1.4 Employees
PART II OFFICIAL NOTIFICATION
2.1 Department
2.2 Treasury Board Secretariat
PART III RELOCATION OF A WORK UNIT
** 3.1 General
PART IV RETRAINING
4.1 General
4.2 Surplus employees
4.3 Laid-off persons
PART V SALARY PROTECTION
5.1 Lower-level position
PART VI OPTIONS FOR EMPLOYEES
** 6.1 General
6.2 Alternation
** 6.3 Options
6.4 Retention payment
PART VII SPECIAL PROVISIONS REGARDING ALTERNATIVE DELIVERY
INITIATIVES
Preamble
7.1 Definitions
7.2 General
7.3 Responsibilities
7.4 Notice of alternative delivery initiatives
7.5 Job offers from new employers
7.6 Application of other provisions of the Appendix
7.7 Lump-sum payments and salary top-up allowances
7.8 Reimbursement
7.9 Vacation leave credits and severance pay
ANNEX "A" – STATEMENT OF PENSION PRINCIPLES
ANNEX "B"
General
Application
This Appendix applies to all employees.
Unless explicitly specified, the provisions contained in Parts I to VI do not
apply to alternative delivery initiatives.
Collective agreement
With the exception of those provisions for which the Public Service
Commission (PSC) is responsible, this Appendix is part of this collective
agreement.
Objectives
It is the policy of the Treasury Board to maximise employment opportunities
for indeterminate employees affected by work force adjustment situations,
primarily through ensuring that, wherever possible, alternative employment
opportunities are provided to them. This should not be construed as the
continuation of a specific position or job but rather as continued employment.
To this end, every indeterminate employee whose services will no longer be
required because of a work force adjustment situation and for whom the deputy
head knows or can predict employment availability will receive a guarantee of a
reasonable job offer within the public service. Those employees for whom the
deputy head cannot provide the guarantee will have access to transitional
employment arrangements (as per Part VI and VII).
Definitions
Accelerated lay-off (mise en disponibilité
accélérée) – occurs when a surplus employee makes a request to the
deputy head, in writing, to be laid off at an earlier date than that originally
scheduled, and the deputy head concurs. Lay-off entitlements begin on the actual
date of lay-off.
Affected employee (fonctionnaire touché) – is an
indeterminate employee who has been informed in writing that his or her services
may no longer be required because of a work force adjustment situation.
Alternation (échange de postes) – occurs when an
opting employee (not a surplus employee) who wishes to remain in the public
service exchanges positions with a non-affected employee (the alternate) willing
to leave the public service with a Transition Support Measure or with an
Education Allowance.
Alternative delivery initiative (diversification de mode
de prestation de service) – is the transfer of any work, undertaking
or business of the public service to any body or corporation that is a separate
employer or that is outside the public service.
Appointing department (ministère d'accueil) – is
a department or agency which has agreed to appoint or consider for appointment
(either immediately or after retraining) a surplus or a laid-off person.
Deputy head (administrateur général) – has the
same meaning as in the definition of "Deputy Head" set out in
section 2 of the Public Service Employment Act, and also means his
or her official designate.
Education Allowance (indemnité d'étude) – is
one of the options provided to an indeterminate employee affected by normal work
force adjustment for whom the deputy head cannot guarantee a reasonable job
offer. The Education Allowance is a cash payment, equivalent to the Transitional
Support Measure (see Annex "B"), plus a reimbursement of tuition
from a recognized learning institution, book and mandatory equipment costs, up
to a maximum of $8,000.00.
Guarantee of a reasonable job offer (garantie d'une
offre d'emploi raisonnable) – is a guarantee of an offer of
indeterminate employment within the public service provided by the deputy head
to an indeterminate employee who is affected by work force adjustment. Deputy
heads will be expected to provide a guarantee of a reasonable job offer to those
affected employees for whom they know or can predict employment availability in
the public service. Surplus employees in receipt of this guarantee will not have
access to the Options available in Part VI of this Appendix.
Home department (ministère d'attache) – is a
department or agency declaring an individual employee surplus.
Laid off person (personne mise en disponibilité) –
is a person who has been laid off pursuant to PSEA 29(1) and who still
retains a reappointment priority under PSEA 29(3).
Lay-off notice (avis de mise en disponibilité) –
is a written notice of lay-off to be given to a surplus employee at least one
month before the scheduled lay-off date. This period is included in the surplus
period.
Lay-off priority (priorité de mise en disponibilité)
– a person who has been laid off is entitled to a priority for appointment
without competition or appeal to a position in the public service for which, in
the opinion of the PSC, they are qualified. This priority is accorded for one
year following the lay-off date, pursuant to subsection 29(3) of the Public
Service Employment Act, or following the termination date, pursuant to
paragraph 11(2.01) of the Financial Administration Act.
**
Opting employee (fonctionnaire optant) – is an
indeterminate employee whose services will no longer be required because of a
work force adjustment situation and who has not received a guarantee of a
reasonable job offer from the deputy head and who has 120 days to consider
the Options of Part 6.3 of this Appendix.
Pay (rémunération) – has the same meaning as
"rate of pay" in the employee's collective agreement.
Priority administration system (système d'administration
des priorités) – is a system designed by the PSC to facilitate
appointments of individuals entitled to statutory and regulatory priorities.
Public Service (fonction publique) – means the
several positions in or under any department, agency, or other portion of the
public service of Canada specified in Schedule I, Part I of the Public
Service Staff Relations Act (PSSRA), for which the PSC has the sole
authority to appoint.
**
Reasonable job offer (offre d'emploi raisonnable)
– is an offer of indeterminate employment within the public service, normally
at an equivalent level but could include lower levels. Surplus employees must be
both trainable and mobile. Where practicable, a reasonable job offer shall be
within the employee's headquarters as defined in the Travel Directive. In
Alternative Delivery situations, a reasonable offer is one that meets the
criteria set out in Type 1 and Type 2 of Part VII of this
appendix. A reasonable job offer is also an offer from a PSSRA Part II
employer, providing that:
(a) The appointment is at a rate of pay and an attainable salary maximum not
less than the employee's current salary and attainable maximum that would be in
effect on the date of offer.
(b) It is a seamless transfer of all employee benefits including a
recognition of years of service for the definition of continuous employment and
accrual of benefits, including the transfer of sick leave credits, severance pay
and accumulated vacation leave credits.
Reinstatement priority (priorité de réintégration)
– is an appointment priority accorded by the PSC, pursuant to the Public
Service Employment Regulations, to certain individuals salary-protected
under this Appendix for the purpose of assisting such persons to re-attain an
appointment level equivalent to that from which they were declared surplus.
Relocation (réinstallation) – is the authorised
geographic move of a surplus employee or laid-off person from one place of duty
to another place of duty, beyond what, according to local custom, is a normal
commuting distance.
Relocation of work unit (réinstallation d'une unité de
travail) – is the authorised move of a work unit of any size to a place
of duty beyond what, according to local custom, is normal commuting distance
from the former work location and from the employee's current residence.
Retraining (recyclage) – is on-the-job training
or other training intended to enable affected employees, surplus employees and
laid-off persons to qualify for known or anticipated vacancies within the public
service.
Surplus employee (fonctionnaire excédentaire) –
is an indeterminate employee who has been formally declared surplus, in writing,
by his or her deputy head.
Surplus priority (priorité de fonctionnaire excédentaire)
– is an entitlement for a priority in appointment accorded by the PSC,
pursuant to the Public Service Employment Regulations, to surplus
employees to permit them to be appointed to other positions in the public
service without competition or right of appeal.
Surplus status (statut de fonctionnaire excédentaire)
– An indeterminate employee is in surplus status from the date he or she is
declared surplus until the date of lay-off, until he or she is indeterminately
appointed to another position, until his or her surplus status is rescinded, or
until the person resigns.
Transition Support Measure (mesure de soutien à la
transition) – is one of the options provided to an opting employee for
whom the deputy head cannot guarantee a reasonable job offer. The Transition
Support Measure is a cash payment based on the employee's years of service in
the public service, as per Annex "B".
Twelve-month surplus priority period in which to secure a reasonable
job offer (Priorité de fonctionnaire excédentaire d'une durée de
douze mois pour trouver 'une offre d'emploi raisonnable) – is one of the
options provided to an opting employee for whom the deputy head cannot guarantee
a reasonable job offer.
Work force adjustment (réaménagement des effectifs)
– is a situation that occurs when a deputy head decides that the services of
one or more indeterminate employees will no longer be required beyond a
specified date because of a lack of work, the discontinuance of a function, a
relocation in which the employee does not wish to relocate or an alternative
delivery initiative.
Authorities
The PSC has endorsed those portions of this Appendix for which it has
responsibility.
Monitoring
Departments shall retain central information on all cases occurring under
this Appendix, including the reasons for the action; the number, occupational
groups and levels of employees concerned; the dates of notice given; the number
of employees placed without retraining; the number of employees retrained
(including number of salary months used in such training); the levels of
positions to which employees are appointed and the cost of any salary
protection; and the number, types, and amounts of lump sums paid to employees.
This information will be used by the Treasury Board Secretariat to carry out
its periodic audits.
References
The primary references for the subject of Work Force Adjustment are as
follows:
Canada Labour Code, Part I.
Financial Administration Act, section 11.
Pay Rate Selection (Treasury Board Manual, Pay administration volume,
chapter 3).
Policy on termination of Employment in Alternative Delivery Situations
(Treasury Board Manual, Human Resources Volume, Chapter 1-13)
Public Service Employment Act, section 29.
Public Service Employment Regulations, sections 34, 35, 36, 37,
39 and 42.
Public Service Staff Relations Act, sections 48.1 and 49.
Public Service Superannuation Act, section 40.1.
Relocation Directive (Treasury Board Manual, Employee Services Volume,
Chapter 3-1).
Travel Directive (Treasury Board Manual, Employee Services Volume,
Chapter 1-1).
Enquiries
Enquiries about this Appendix should be referred to the Council, or the
responsible officers in departmental headquarters.
Responsible officers in departmental headquarters may, in turn, direct
questions regarding the application of this Appendix to the Transition and
Work-Life Policies Group, Human Resources Branch, Treasury Board Secretariat.
Enquiries by employees pertaining to entitlements to a priority in
appointment or to their status in relation to the priority appointment process
should be directed to their departmental human resource advisors or to the
regional and district offices of the PSC responsible for their case. Responsible
officers in departmental headquarters seeking interpretations and guidance may
contact the Employment Equity and Priority Administration Division of the
Recruitment Programs and Priority Administration Directorate, Resourcing and
Learning Branch, Public Service Commission Canada.
Part I
Roles and responsibilities
1.1 Departments
1.1.1 Since indeterminate employees who are affected by work
force adjustment situations are not themselves responsible for such situations,
it is the responsibility of departments to ensure that they are treated
equitably and, whenever possible, given every reasonable opportunity to continue
their careers as public service employees.
1.1.2 Departments shall carry out effective human resource
planning to minimise the impact of work force adjustment situations on
indeterminate employees, on the department, and on the public service.
1.1.3 Departments shall establish work force adjustment
committees, where appropriate, to manage the work force adjustment situations
within the department.
1.1.4 Departments shall, as the home department, cooperate
with the PSC and appointing departments in joint efforts to redeploy or retrain
for redeployment to appointing departments departmental surplus employees and
laid-off persons.
1.1.5 Departments shall establish systems to facilitate
redeployment or retraining of the department's affected employees, surplus
employees, and laid-off persons.
1.1.6 When a deputy head determines that the services of an
employee are no longer required beyond a specified date due to lack of work or
discontinuance of a function, the deputy head shall advise the employee, in
writing, that his or her services will no longer be required. A copy of this
letter shall be sent forthwith to the PSC.
Such a communication shall also indicate if the employee:
(a) is being provided a guarantee of a reasonable job offer from the deputy
head and that the employee will be in surplus status from that date on,
or
(b) is an opting employee and has access to the Options of Section 6.3
of this Appendix because the employee is not in receipt of a guarantee of a
reasonable job offer from the deputy head.
Where applicable, the communication should also provide the information
relative to the employee's possible lay-off date.
1.1.7 Deputy heads will be expected to provide a guarantee
of a reasonable job offer for those employees subject to work force adjustment
for whom they know or can predict employment availability in the public service.
**
1.1.8 Where a deputy head cannot provide a guarantee of a
reasonable job offer, the deputy head will provide 120 days to consider the
three Options outlined in Part VI of this Appendix to all opting employees
before a decision is required of them. If the employee fails to select an
option, the employee will be deemed to have selected Option (a),
Twelve-month surplus priority period in which to secure a reasonable job offer.
1.1.9 The deputy head shall make a determination to either
provide a guarantee of a reasonable job offer or access to the Options set out
in 6.3 of this Appendix, upon request of any indeterminate affected employee who
can demonstrate that his or her duties have already ceased to exist.
1.1.10 Departments shall send written notice to the PSC of
the employee's surplus status, and shall send to the PSC such details, forms,
resumes, and other material as the PSC may from time to time prescribe as
necessary for it to discharge its function.
1.1.11 Departments shall advise and consult with the Council
representatives as completely as possible regarding any work force adjustment
situation as soon as possible after the decision has been made and throughout
the process and will make available to the Council the name and work location of
affected employees.
1.1.12 The home department shall recommend in writing to the
PSC whether the employee is suitable for appointment. Where an employee is not
considered suitable for appointment, the department shall advise the employee
and the Council of that recommendation. The department shall send to the
employee a copy of the written communication to the Public Service Commission,
indicating the reasons for the recommendation together with any enclosures. The
department shall also advise the employee that he or she may make oral or
written submissions about the matter to the Public Service Commission before the
PSC makes its decision. Where the Public Service Commission does not accept the
department's recommendation, the department shall provide the surplus period
required under this Appendix, beginning on the date the department is advised of
the decision. The department shall so advise the employee.
1.1.13 The home department shall provide the PSC with a
statement that it would be prepared to appoint the surplus employee to a
suitable position in the department commensurate with his or her qualifications,
if such a position were available.
1.1.14 Departments shall provide that employee with the
official notification that he or she has become subject to a work force
adjustment and shall remind them that Appendix "F" on Work Force
Adjustment of this collective agreement applies.
1.1.15 Deputy heads shall apply this Appendix so as to keep
actual involuntary lay-offs to a minimum, and lay-offs shall normally only occur
where an individual has refused a reasonable job offer, or is not mobile, or
cannot be retrained within two years, or is laid-off at his or her own request.
1.1.16 Departments are responsible to counsel and advise
their affected employees on their opportunities of finding continuing employment
in the public service.
1.1.17 Appointment of surplus employees to alternative
positions, whether with or without retraining, shall normally be at a level
equivalent to that previously held by the employee, but this does not preclude
appointment to a lower level. Departments shall avoid appointment to a lower
level except where all other avenues have been exhausted.
1.1.18 Home departments shall appoint as many of their own
surplus employees or laid-off persons as possible, or identify alternative
positions (both actual and anticipated) for which individuals can be retrained.
1.1.19 Home departments shall relocate surplus employees and
laid-off individuals, if necessary.
1.1.20 Relocation of surplus employees or laid-off persons
shall be undertaken when the individuals indicate that they are willing to
relocate and relocation will enable their redeployment or reappointment,
providing that
(a) there are no available priority persons, or priority persons with a
higher priority, qualified and interested in the position being filled;
or
(b) no available local surplus employees or laid-off persons who are
interested and who could qualify with retraining.
1.1.21 The cost of travelling to interviews for possible
appointments and of relocation to the new location shall be borne by the
employee's home department. Such cost shall be consistent with the Travel and
Relocation directives.
1.1.22 For the purposes of the Relocation directive, surplus
employees and laid-off persons who relocate under this Appendix shall be deemed
to be employees on employer-requested relocations. The general rule on minimum
distances for relocation applies.
1.1.23 For the purposes of the Travel directive, laid-off
persons travelling to interviews for possible reappointment to public service
are deemed to be "other persons travelling on government business".
1.1.24 For the priority period, home departments shall pay
the salary costs, and other authorised costs such as tuition, travel,
relocation, and retraining for surplus employees and laid-off persons, as
provided for in this collective agreement and the various directives; all
authorised costs of termination; and salary protection upon lower-level
appointment, unless the appointing department is willing to absorb these costs
in whole or in part.
1.1.25 Where a surplus employee is appointed by another
department to a term position, the home department is responsible for the costs
above for one year from the date of such appointment, after which the appointing
department becomes the new home department.
1.1.26 Departments shall protect the indeterminate status
and surplus priority of a surplus indeterminate employee appointed to a term
position under this Appendix.
1.1.27 Departments shall inform the PSC in a timely fashion
of the results of all referrals made to them under this Appendix, whether such
referrals are for immediate appointment, for retraining designed to qualify
individuals for appointment, or for anticipated vacancies.
1.1.28 Departments shall review the use of private temporary
agency personnel, employees appointed for a specified period (terms) and all
other non-indeterminate employees. Where practicable, departments shall not
re-engage such temporary agency personnel nor renew the employment of such
employees referred to above where such action would facilitate the appointment
of surplus employees or laid-off persons.
1.1.29 Nothing in the foregoing shall restrict the
employer's right to engage or appoint persons to meet short-term, non-recurring
requirements. Surplus and laid-off persons shall be given priority even for
these short-term work opportunities.
1.1.30 Departments may lay off an employee at a date earlier
than originally scheduled when the surplus employee requests them to do so in
writing.
1.1.31 Departments, acting as appointing departments, shall
cooperate with the PSC and other departments in accepting, to the extent
possible, affected, surplus and laid-off persons, from other departments for
appointment or retraining.
1.1.32 Departments shall provide surplus employees with a
lay-off notice at least one month before the proposed lay-off date, if
appointment efforts have been unsuccessful.
**
1.1.33 When a surplus employee refuses a reasonable job
offer, he or she shall be subject to lay-off one month after the refusal,
however not before six months after the surplus declaration date. The provisions
of 1.3.3 shall continue to apply.
1.1.34 Departments are to presume that each employee wishes
to be redeployed unless the employee indicates the contrary in writing.
1.1.35 Departments shall inform and counsel affected and
surplus employees as early and as completely as possible and shall, in addition,
assign a counsellor to each opting and surplus employee and laid-off person to
work with them throughout the process. Such counselling is to include
explanations and assistance concerning:
(a) the work force adjustment situation and its effect on that individual;
(b) the work force adjustment Appendix;
(c) the PSC's Priority Administration System and how it works from the
employee's perspective (referrals, interviews or "boards", feedback to
the employee, follow-up by the PSC, how the employee can obtain job information
and prepare for an interview, etc.);
(d) preparation of a curriculum vitae or resume;
(e) preparation for an interview with the PSC;
(f) the employee's rights and obligations;
(g) the employee's current situation (e.g. pay, benefits such as severance
pay and superannuation, classification, language rights, years of service);
(h) alternatives that might be available to the employee (alternation,
appointment, relocation, retraining, lower-level employment, term employment,
retirement including possibility of waiver of penalty if entitled to an annual
allowance, Transition Support Measure, Education Allowance, resignation,
accelerated lay-off);
(i) the likelihood that the employee will be successfully appointed;
(j) the meaning of a guarantee of reasonable job offer, a Twelve-month
surplus priority period in which to secure a reasonable job offer, a Transition
Support Measure, an Education Allowance;
(k) the Human Resources Centres and their services (including a
recommendation that the employee register with the nearest office as soon as
possible);
(l) preparation for interviews with prospective employers;
(m) repeat counselling as long as the individual is entitled to a staffing
priority and has not been appointed;
and
(n) advising the employee that refusal of a reasonable job offer will
jeopardize both chances for retraining and overall employment continuity.
1.1.36 Home departments shall ensure that, when it is
required to facilitate appointment, a retraining plan is prepared and agreed to
in writing by themselves, the employee and the appointing department.
1.1.37 Severance pay and other benefits flowing from other
clauses in this collective agreement are separate from, and in addition to,
those in this Appendix.
1.1.38 Any surplus employee who resigns under this Appendix
shall be deemed, for the purposes of severance pay and retroactive remuneration,
to be involuntarily laid off on the day as of which the deputy head accepts in
writing the employee's resignation.
1.2 The Treasury Board Secretariat
1.2.1 It is the responsibility of the Treasury Board
Secretariat to:
(a) investigate and seek to resolve situations referred by the PSC or other
parties,
and
(b) consider departmental requests for retraining resources.
1.3 The Public Service Commission
1.3.1 The PSC shall establish and modify staffing policies
and procedures to ensure the most effective and efficient means of maximizing
the redeployment of surplus employees and the appointment of laid-off persons to
positions in the public service.
1.3.2 The PSC shall temporarily restrict or suspend any
authority delegated to deputy heads to make appointments in specified
occupational groups when such action is necessary.
1.3.3 The PSC shall actively market surplus employees and
laid-off persons to all departments unless the individuals have advised the PSC
in writing that they are not available for appointment.
1.3.4 The PSC shall advise the Treasury Board Secretariat
when departments fail to comply in good faith with this Appendix and/or to
cooperate with the PSC in redeployment, retraining, or appointment activities.
1.3.5 The PSC shall determine, to the extent possible, the
occupations in which there are skill shortages for which surplus employees or
laid-off persons could be retrained, and advise departments accordingly.
1.3.6 The PSC shall provide surplus and laid-off individuals
with counselling on their work force adjustment situation and its impact on them
during their priority entitlement.
1.3.7 The PSC shall provide information directly to the
Council on the numbers and status of their members who are in the Priority
Administration System and, on a service-wide basis, through reports to the
Council.
1.3.8 The Public Service Commission shall decide whether
employees are suitable for appointment. Where a deputy head recommends that an
employee is not suitable, the PSC shall, after considering such a
recommendation, and representations of the employee or his or her
representative, advise the deputy head, the employee, and his or her
representative of its decision whether the employee is entitled to surplus and
lay-off priority and the reasons for the decision. The PSC shall also inform the
Council of its decision.
1.3.9 The PSC shall, wherever possible, ensure that
reinstatement priority is given to all employees who are subject to salary
protection.
1.3.10 While the responsibility for retraining lies with the
home department, the PSC is responsible for making the appropriate referrals and
may recommend retraining where it would facilitate appointment, and the
appointing department is responsible for considering retraining the individual
and for justifying a decision not to retrain.
1.3.11 The PSC shall inform, in a routine and timely manner,
a surplus employee or laid-off person, his or her home department and a
representative of the Council, when he or she has been referred to a department
for consideration but will not be offered the position. The PSC shall include
full details of why he or she will not be appointed to or retrained for that
position.
1.4 Employees
1.4.1 Employees have the right to be represented by the
Council in the application of this Appendix.
1.4.2 Employees who are directly affected by work force
adjustment situations and who receive a guarantee of a reasonable job offer, or
who opt, or are deemed to have opted, for Option (a) of Part VI of
this Appendix are responsible for:
(a) actively seeking alternative employment in co-operation with their
departments and the PSC, unless they have advised the department and the PSC, in
writing, that they are not available for appointment;
(b) seeking information about their entitlements and obligations;
(c) providing timely information to the home department and to the PSC to
assist them in their appointment activities (including curriculum vitae or
resumes);
(d) ensuring that they can be easily contacted by the PSC and appointing
departments, and attending appointments related to referrals;
(e) seriously considering job opportunities presented to them (referrals
within the home department, referrals from the PSC, and job offers made by
departments), including retraining and relocation possibilities, specified
period appointments and lower-level appointments.
**
1.4.3 Opting employees are responsible for:
(a) considering the Options of Part VI of this Appendix;
(b) communicating their choice of Options, in writing, to their manager no
later than 120 days after being declared opting.
Part II
Official notification
2.1 Department
2.1.1 As already mentioned in section 1.1.11,
departments shall advise and consult with the bargaining agent representatives
as completely as possible regarding any work force adjustment situation as soon
as possible after the decision has been made and throughout the process and will
make available to the bargaining agent the name and work location of affected
employees.
2.1.2 In any work force adjustment situation which is likely
to involve ten or more indeterminate employees covered by this Appendix, the
department concerned shall notify the Director, Transition and Work-Life
Policies Group, Human Resources Management Division, Human Resources Branch,
Treasury Board Secretariat, in confidence, at the earliest possible date and
under no circumstances less than 96 hours before the situation is
announced. The department shall send a copy of the advice to the Director
General, Recruitment Programs and Priority Administration Directorate,
Resourcing and Learning Branch, Public Service Commission.
2.2 Treasury Board Secretariat
2.2.1 Upon notification by the department concerned in 2.1.2
above, and under no circumstances less than 48 hours before the situation
is announced, the Director, Transition and Work-Life Policies Group, Human
Resources Management Division, Human Resources Branch, Treasury Board
Secretariat shall inform, in writing and in confidence, the chief executive
officer of the Council. This information is to include the identity and location
of the work unit(s) involved; the expected date of the announcement; the
anticipated timing of the situation; and the numbers of employees, by group and
level, who will be affected.
Part III
Relocation of a work unit
3.1 General
In cases where a work unit is to be relocated, departments shall provide all
employees whose positions are to be relocated with the opportunity to choose
whether they wish to move with the position or be treated as if they were
subject to a work force adjustment situation.
**
3.1.2 Following written notification, employees must
indicate, within a period of six months, their intention to move. If the
employee's intention is not to move with the relocated position, the Deputy
head, after having considered relevant factors, can either provide the employee
with a guarantee of a reasonable job offer or access to the Options set out in
section 6.3 of this Appendix.
3.1.3 Employees relocating with their work units shall be
treated in accordance with the provisions of 1.1.19 to 1.1.23.
3.1.4 Although departments will endeavour to respect
employee location preferences, nothing precludes the department from offering
the relocated position to employees in receipt of a guarantee of a reasonable
job offer from their deputy heads, after having spent as much time as operations
permit looking for a reasonable job offer in the employee's location preference
area.
3.1.5 Employees who are not in receipt of a guarantee of a
reasonable job offer shall become opting employees and have access to the
Options set out in Part VI of this Appendix.
Part IV
Retraining
4.1 General
4.1.1 To facilitate the redeployment of affected employees,
surplus employees, and laid-off persons, departments shall make every reasonable
effort to retrain such persons for:
(a) existing vacancies,
or
(b) anticipated vacancies identified by management.
4.1.2 The PSC and departments shall be responsible for
identifying situations where retraining can facilitate the appointment of
surplus employees and laid-off persons, and shall cooperate in such efforts.
4.1.3 Subject to the provisions of 4.1.2, the deputy head of
the home department shall approve up to two years of retraining.
4.2 Surplus employees
4.2.1 A surplus employee is eligible for retraining
providing:
(a) retraining is needed to facilitate the appointment of the individual to a
specific vacant position or will enable the individual to qualify for
anticipated vacancies in occupations or locations where there is a shortage of
qualified candidates;
and
(b) there are no other available priority persons who qualify for the
position.
4.2.2 The home department is responsible for ensuring that
an appropriate retraining plan is prepared and is agreed to in writing by the
employee and the delegated officers of the home and appointing departments.
4.2.3 Once a retraining plan has been initiated, its
continuation and completion are subject to satisfactory performance by the
employee.
4.2.4 While on retraining, a surplus employee continues to
be employed by the home department and is entitled to be paid in accordance with
his or her current appointment, unless the appointing department is willing to
appoint the employee indeterminately, conditional on successful completion of
retraining, in which case the retraining plan shall be included in the letter of
offer.
4.2.5 When a retraining plan has been approved and the
surplus employee continues to be employed by the home department, the proposed
lay-off date shall be extended to the end of the retraining period, subject to
4.2.3.
4.2.6 An employee unsuccessful in retraining may be laid off
at the end of the surplus period, provided that the employer has been
unsuccessful in making the employee a reasonable job offer.
4.2.7 In addition to all other rights and benefits granted
pursuant to this section, an employee who is guaranteed a reasonable job offer,
is also guaranteed, subject to the employee's willingness to relocate, training
to prepare the surplus employee for appointment to a position pursuant to
section 4.1.1, such training to continue for one year or until the date of
appointment to another position, whichever comes first. Appointment to this
position is subject to successful completion of the training.
4.3 Laid-off persons
4.3.1 A laid-off person shall be eligible for retraining
providing:
(a) retraining is needed to facilitate the appointment of the individual to a
specific vacant position;
(b) the individual meets the minimum requirements set out in the relevant
Selection Standard for appointment to the group concerned;
(c) there are no other available persons with a priority who qualify for the
position;
and
(d) the appointing department cannot justify a decision not to retrain the
individual.
4.3.2 When an individual is offered an appointment
conditional on successful completion of retraining, a retraining plan reviewed
by the PSC shall be included in the letter of offer. If the individual accepts
the conditional offer, he or she will be appointed on an indeterminate basis to
the full level of the position after having successfully completed training and
being assessed as qualified for the position. When an individual accepts an
appointment to a position with a lower maximum rate of pay than the position
from which he or she was laid-off, the employee will be salary protected in
accordance with Part V.
Part V
Salary protection
5.1 Lower-level position
5.1.1 Surplus employees and laid-off persons appointed to a
lower-level position under this Appendix shall have their salary and pay equity
equalization payments, if any, protected in accordance with the salary
protection provisions of this collective agreement, or, in the absence of such
provisions, the appropriate provisions of the Regulations Respecting Pay on
Reclassification or Conversion.
5.1.2 Employees whose salary is protected pursuant to
section 5.1.1 will continue to benefit from salary protection until such
time as they are appointed or deployed into a position with a maximum rate of
pay that is equal to or higher than the maximum rate of pay of the position from
which they were declared surplus or laid off.
Part VI
Options for employees
6.1 General
6.1.1 Deputy heads will be expected to provide a guarantee
of a reasonable job offer for those affected employees for whom they know or can
predict employment availability. A Deputy Head who cannot provide such a
guarantee shall provide his or her reasons in writing, if requested by the
employee. Employees in receipt of this guarantee would not have access to the
choice of Options below.
**
6.1.2 Employees who are not in receipt of a guarantee of a
reasonable job offer from their deputy head have 120 days to consider the three
Options below before a decision is required of them.
**
6.1.3 The opting employee must choose, in writing, one of
the three Options of section 6.3 of this Appendix within the 120-day
window. The employee cannot change Options once having made a written choice.
**
6.1.4 If the employee fails to select an Option, the
employee will be deemed to have selected Option (a), Twelve-month surplus
priority period in which to secure a reasonable job offer at the end of the
120-day window.
**
6.1.5 If a reasonable job offer which does not require a
relocation is made at any time during the 120-day opting period and prior to the
written acceptance of the Transition Support Measure or the Education Allowance
Option, the employee is ineligible for the TSM or the Education Allowance.
6.2 Alternation
6.2.1 All departments must participate in the alternation
process.
6.2.2 An alternation occurs when an opting employee who
wishes to remain in the public service exchanges positions with a non-affected
employee (the alternate) willing to leave the public service under the terms of
Part VI of this Appendix.
6.2.3 Only an opting employee, not a surplus one, may
alternate into an indeterminate position that remains in the public service.
6.2.4 An indeterminate employee wishing to leave the public
service may express an interest in alternating with an opting employee.
Management will decide, however, whether a proposed alternation will result in
retaining the skills required to meet the ongoing needs of the position and the
public service.
6.2.5 An alternation must permanently eliminate a function
or a position.
6.2.6 The opting employee moving into the unaffected
position must meet the requirements of the position, including language
requirements. The alternate moving into the opting position must meet the
requirements of the position, except if the alternate will not be performing the
duties of the position and the alternate will be struck off strength within
five days of the alternation.
6.2.7 An alternation should normally occur between employees
at the same group and level. When the two positions are not the same group and
level, alternation can still occur when the positions can be considered
equivalent. They are considered equivalent when the maximum rate of pay for the
higher paid position is no more than six-per-cent higher than the maximum rate
of pay for the lower paid position.
6.2.8 An alternation must occur on a given date, i.e. two
employees directly exchange positions on the same day. There is no provision in
alternation for a "domino" effect or for "future
considerations".
6.3 Options
6.3.1 Only opting employees who are not in receipt of the
guarantee of a reasonable job offer from the deputy head will have access to the
choice of Options below:
(a)
(i) Twelve-month surplus priority period in which to secure a reasonable
job offer is time-limited. Should a reasonable job offer not be made within a
period of twelve months, the employee will be laid off in accordance with the Public
Service Employment Act. Employees who choose or are deemed to have chosen
this Option are surplus employees.
**
(ii) At the request of the employee, this twelve (12) month surplus
priority period shall be extended by the unused portion of the 120-day opting
period referred to in 6.1.2 which remains once the employee has selected in
writing option (a).
(iii) When a surplus employee who has chosen, or who is deemed to have
chosen, Option (a) offers to resign before the end of the twelve-month
surplus priority period, the deputy head may authorise a lump-sum payment
equal to the surplus employee's regular pay for the balance of the surplus
period, up to a maximum of six months. The amount of the lump sum payment for
the pay in lieu cannot exceed the maximum of that which he or she would have
received had they chosen Option (b), the Transition Support Measure.
(iv) Departments will make every reasonable effort to market a surplus
employee and the Employer will ask the Public Service Commission to make every
reasonable effort to market a surplus employee within the employee's surplus
period within his or her preferred area of mobility.
or
(b) Transition Support Measure (TSM) is a cash payment, based on the
employee's years of service in the public service (see Annex "B")
made to an opting employee. Employees choosing this Option must resign but will
be considered to be laid-off for purposes of severance pay.
or
(c) Education allowance is a Transitional Support Measure (see
Option (b) above) plus an amount of not more than $8000 for reimbursement
of receipted expenses of an opting employee for tuition from a learning
institution and costs of books and mandatory equipment. Employees choosing
Option (c) could either:
(i) resign from the public service but be considered to be laid-off for
severance pay purposes on the date of their departure;
or
(ii) delay their departure date and go on leave without pay for a maximum
period of two years, while attending the learning institution. The TSM shall
be paid in one or two lump-sum amounts over a maximum two-year period. During
this period, employees could continue to be public service benefit plan
members and contribute both employer and employee share to the benefits plans
and the Public Service Superannuation Plan. At the end of the
two-year leave without pay period, unless the employee has found alternate
employment in the public service, the employee will be laid off in accordance
with the Public Service Employment Act.
6.3.2 Management will establish the departure date of opting
employees who choose Option (b) or Option (c) above.
6.3.3 The TSM, pay in lieu of unfulfilled surplus period and
the Education Allowance cannot be combined with any other payment under the Work
Force Adjustment Appendix.
6.3.4 In the cases of: pay in lieu of unfulfilled surplus
period, Option (b) and (c)(i), the employee relinquishes any priority
rights for reappointment upon acceptance of his or her resignation.
6.3.5 Employees choosing Option (c)(ii) who have not
provided their department with a proof of registration from a learning
institution 12 months after starting their leave without pay period will be
deemed to have resigned from the public service, and be considered to be
laid-off for purposes of severance pay.
6.3.6 All opting employees will be entitled to up to $400.00
for financial planning advice.
6.3.7 An opting employee who has received pay in lieu of
unfulfilled surplus period, a TSM or an Education Allowance and is re-appointed
to that portion of the public service of Canada specified from time to time in
Schedule I, Part I of the Public Service Staff Relations Act
shall reimburse the Receiver General for Canada by an amount corresponding to
the period from the effective date of such re-appointment or hiring, to the end
of the original period for which the TSM or Education Allowance was paid.
6.3.8 Notwithstanding section 6.3.7, an opting employee
who has received an Education Allowance will not be required to reimburse
tuition expenses, costs of books and mandatory equipment, for which he or she
cannot get a refund.
6.3.9 The deputy head shall ensure that pay in lieu of
unfulfilled surplus period is only authorised where the employee's work can be
discontinued on the resignation date and no additional costs will be incurred in
having the work done in any other way during that period.
6.3.10 If a surplus employee who has chosen, or is deemed to
have chosen, Option (a) refuses a reasonable job offer at any time during
the twelve-month surplus priority period, the employee is ineligible for pay in
lieu of unfulfilled surplus period.
6.3.11 Approval of pay in lieu of unfulfilled surplus period
is at the discretion of management, but shall not be unreasonably denied.
6.4 Retention payment
6.4.1 There are three situations in which an employee may be
eligible to receive a retention payment. These are total facility closures,
relocation of work units and alternative delivery initiatives.
6.4.2 All employees accepting retention payments must agree
to leave the public service without priority rights.
6.4.3 An individual who has received a retention payment
and, as applicable, is either reappointed to that portion of the public service
of Canada specified from time to time in Schedule I, Part I of the Public
Service Staff Relations Act, or is hired by the new employer within the six
months immediately following his or her resignation, shall reimburse the
Receiver General for Canada by an amount corresponding to the period from the
effective date of such re-appointment or hiring, to the end of the original
period for which the lump sum was paid.
6.4.4 The provisions of 6.4.5 shall apply in total facility
closures where public service jobs are to cease, and:
(a) such jobs are in remote areas of the country,
or
(b) retraining and relocation costs are prohibitive,
or
(c) prospects of reasonable alternative local employment (whether within or
outside the public service) are poor.
6.4.5 Subject to 6.4.4, the deputy head shall pay to each
employee who is asked to remain until closure of the work unit and offers a
resignation from the public service to take effect on that closure date, a sum
equivalent to six months' pay payable upon the day on which the departmental
operation ceases, provided the employee has not separated prematurely.
6.4.6 The provisions of 6.4.7 shall apply in relocation of
work units where public service work units:
(a) are being relocated,
and
(b) when the deputy head of the home department decides that, in comparison
to other options, it is preferable that certain employees be encouraged to stay
in their jobs until the day of workplace relocation,
and
(c) where the employee has opted not to relocate with the function.
6.4.7 Subject to 6.4.6, the deputy head shall pay to each
employee who is asked to remain until the relocation of the work unit and offers
a resignation from the public service to take effect on the relocation date, a
sum equivalent to six months' pay payable upon the day on which the departmental
operation relocates, provided the employee has not separated prematurely.
6.4.8 The provisions of 6.4.9 shall apply in alternative
delivery initiatives:
(a) where the public service work units are affected by alternative delivery
initiatives;
(b) when the deputy head of the home department decides that, compared to
other options, it is preferable that certain employees be encouraged to stay in
their jobs until the day of the transfer to the new employer;
and
(c) where the employee has not received a job offer from the new employer or
has received an offer and did not accept it.
6.4.9 Subject to 6.4.8, the deputy head shall pay to each
employee who is asked to remain until the transfer date and who offers a
resignation from the public service to take effect on the transfer date, a sum
equivalent to six months pay payable upon the transfer date, provided the
employee has not separated prematurely.
Part VII
Special provisions regarding alternative delivery initiatives
Preamble
The administration of the provisions of this part will be guided by the
following principles:
(a) fair and reasonable treatment of employees;
(b) value for money and affordability;
and
(c) maximization of employment opportunities for employees.
The parties recognize:
- the Council's need to represent employees during the transition process;
- the Employer's need for greater flexibility in organizing the public
service.
For Employees' Information Purposes Only
For information with respect to accrued benefits, refer to
Section 11(10) of the Financial Administration Act (FAA).
7.1 Definitions
For the purposes of this part, an alternative delivery initiative
(diversification des modes d'exécution) is the transfer of any work,
undertaking or business of the public service to any body or corporation that is
a separate employer or that is outside the public service;
For the purposes of this part, a reasonable job offer (offre
d'emploi raisonnable) is an offer of employment received from a new
employer in the case of a Type 1 or Type 2 transitional employment
arrangement, as determined in accordance with section 7.2.2;
For the purposes of this part, a termination of employment (licenciement
du fonctionnaire) is the termination of employment referred to in
paragraph 11(2)(g.1) of the Financial Administration Act (FAA).
7.2 General
Departments will, as soon as possible after the decision is made to proceed
with an ASD initiative, and if possible, not less than 180 days prior to
the date of transfer, provide notice to the Council of its intention.
The notice to the Council will include: 1) the program being considered
for ASD, 2) the reason for the ASD, and 3) the type of approach
anticipated for the initiative.
A joint WFA-ASD committee will be created for ASD initiatives and will have
equal representation from the department and the Council. By mutual agreement
the committee may include other participants. The joint WFA-ASD committee will
define the rules of conduct of the committee.
In cases of ASD initiatives, the parties will establish a joint WFA-ASD
committee to conduct meaningful consultation on the human resources issues
related to the ASD initiative in order to provide information to the employee
which will assist him or her in deciding on whether or not to accept the job
offer.
1. Commercialization
In cases of commercialization where tendering will be part of the process,
the members of the joint WFA-ASD committee shall make every reasonable effort to
come to an agreement on the criteria related to human resources issues (e.g.
terms and conditions of employment, pension and health care benefits, the
take-up number of employees) to be used in the request for proposal (RFP)
process. The committee will respect the contracting rules of the federal
government.
2. Creation of a new Agency
In cases of the creation of new agencies, the members of the joint WFA/ASD
committee shall make every reasonable effort to agree on common recommendations
related to human resources issues (e.g. terms and conditions of employment,
pension, and health care benefits) that should be available at the date of
transfer.
3. Transfer to existing employers
In all other ASD initiatives where an employer-employee relationship already
exists the parties will hold meaningful consultations to clarify the terms and
conditions that will apply upon transfer.
In the cases of commercialization and creation of new agencies, consultation
opportunities will be given to the Council; however, in the event that
agreements are not possible, the department may still proceed with the transfer.
7.2.1 The provisions of this Part apply only in the case of
alternative delivery initiatives and are in exception to other provisions of
this Appendix. Employees who are affected by alternative delivery initiatives
and who receive job offers from the new employer shall be treated in accordance
with the provisions of this part and, only where specifically indicated will
other provisions of this Appendix apply to them.
7.2.2 There are three types of transitional employment
arrangements resulting from alternative delivery initiatives:
(a) Type 1 (Full Continuity)
Type 1 arrangements meet all of the following criteria:
(i) legislated successor rights apply. Specific conditions for successor
rights applications will be determined by the labour legislation governing the
new employer;
(i.ii) the Public Service Terms and Conditions of Employment
Regulations, the terms of the collective agreement referred to therein
and/or the applicable compensation plan will continue to apply to
unrepresented and excluded employees until modified by the new employer;
(ii) recognition of continuous employment in the public service, as defined
in the Public Service Terms and Conditions of Employment Regulations,
for purposes of determining the employee's entitlements under the collective
agreement continued due to the application of successor rights;
(iii) pension arrangements according to the Statement of Pension Principles
set out in Annex "A", or, in cases where the test of
reasonableness set out in that Statement is not met, payment of a lump-sum to
employees pursuant to section 7.7.3;
(iv) transitional employment guarantee: a two-year minimum employment
guarantee with the new employer;
(v) coverage in each of the following core benefits: health benefits, long
term disability insurance (LTDI) and dental plan;
(vi) short-term disability bridging: recognition of the employee's earned
but unused sick leave credits up to maximum of the new employer's LTDI waiting
period.
(b) Type 2 (Substantial Continuity)
Type 2 arrangements meet all of the following criteria:
(i) the average new hourly salary offered by the new employer (= rate of
pay + equal pay adjustments + supervisory differential) for the group moving
is 85 per cent or greater of the group's current federal hourly
remuneration (= pay + equal pay adjustments + supervisory differential), when
the hours of work are the same;
(ii) the average annual salary of the new employer (= rate of pay + equal
pay adjustments + supervisory differential) for the group moving is
85 per cent or greater of federal annual remuneration
(= per cent or greater of federal annual remuneration (= pay + equal
pay adjustments + supervisory differential), when the hours of work are
different;
(iii) pension arrangements according to the Statement of Pension Principles
as set out in Annex "A", or in cases where the test of
reasonableness set out in that Statement is not met, payment of a lump-sum to
employees pursuant to section 7.7.3;
(iv) transitional employment guarantee: employment tenure equivalent to
that of the permanent work force in receiving organizations or a two-year
minimum employment guarantee;
(v) coverage in each area of the following core benefits: health benefits,
long-term disability insurance (LTDI) and dental plan;
(vi) short-term disability arrangement.
(c) Type 3 (Lesser Continuity)
A Type 3 arrangement is any alternative delivery initiative that does
not meet the criteria applying in Type 1 and 2 transitional employment
arrangements.
7.2.3 For Type 1 and Type 2 transitional
employment arrangements, the offer of employment from the new employer will be
deemed to constitute a reasonable job offer for purposes of this part.
7.2.4 For Type 3 transitional employment arrangements,
an offer of employment from the new employer will not be deemed to constitute a
reasonable job offer for purposes of this part.
7.3 Responsibilities
7.3.1 Deputy heads will be responsible for deciding, after
considering the criteria set out above, which of the Types applies in the case
of particular alternative delivery initiatives.
7.3.2 Employees directly affected by alternative delivery
initiatives are responsible for seriously considering job offers made by new
employers and advising the home department of their decision within the allowed
period.
7.4 Notice of alternative delivery initiatives
7.4.1 Where alternative delivery initiatives are being
undertaken, departments shall provide written notice to all employees offered
employment by the new employer, giving them the opportunity to choose whether
they wish to accept the offer.
7.4.2 Following written notification, employees must
indicate within a period of 60 days their intention to accept the
employment offer, except in the case of Type 3 arrangements, where home
departments may specify a period shorter than 60 days, but not less than
30 days.
7.5 Job offers from new employers
7.5.1 Employees subject to this Appendix (see Application)
and who do not accept the reasonable job offer from the new employer in the case
of Type 1 or 2 transitional employment arrangements will be given four
months notice of termination of employment and their employment will be
terminated at the end of that period or on a mutually agreed upon date before
the end of the four month notice period except where the employee was unaware of
the offer or incapable of indicating an acceptance of the offer as provided for
in subsection 11(2.02) of the Financial Administration Act (FAA).
7.5.2 The deputy head may extend the notice of termination
period for operational reasons, but no such extended period may end later than
the date of the transfer to the new employer.
7.5.3 Employees who do not accept a job offer from the new
employer in the case of Type 3 transitional employment arrangements may be
declared opting or surplus by the deputy head in accordance with the provisions
of the other parts of this Appendix. For greater certainty, those who are
declared surplus will be subject to the provisions of section 29 of the Public
Service Employment Act (PSEA) and section 39 of the Public Service
Employment Regulations (PSER).
7.5.4 Employees who accept a job offer from the new employer
in the case of any alternative delivery initiative will have their employment
terminated on the date on which the transfer becomes effective, or on another
date that may be designated by the home department for operational reasons
provided that this does not create a break in continuous service between the
public service and the new employer.
7.6 Application of other provisions of the Appendix
7.6.1 For greater certainty, the provisions of Part II,
Official Notification, and section 6.4, Retention Payment, will apply in
the case of an employee who refuses an offer of employment in the case of a
Type 1 or 2 transitional employment arrangement. A payment under
section 6.4 may not be combined with a payment under the other section.
7.7 Lump-sum payments and salary top-up allowances
7.7.1 Employees who are subject to this Appendix (see
Application) and who accept the offer of employment from the new employer in the
case of Type 2 transitional employment arrangements will receive a sum
equivalent to three months pay, payable upon the day on which the departmental
work or function is transferred to the new employer. The home department will
also pay these employees an 18-month salary top-up allowance equivalent to the
difference between the remuneration applicable to their public service position
and the salary applicable to their position with the new employer. This
allowance will be paid as a lump-sum, payable on the day on which the
departmental work or function is transferred to the new employer.
7.7.2 In the case of individuals who accept an offer of
employment from the new employer in the case of a Type 2 arrangement whose
new hourly or annual salary falls below 80 per cent of their former
federal hourly or annual remuneration, departments will pay an additional six
months of salary top-up allowance for a total of 24-months under this section
and section 7.7.1. The salary top-up allowance equivalent to the difference
between the remuneration applicable to their public service position and the
salary applicable to their position with the new employer will be paid as a
lump-sum payable on the day on which the departmental work or function is
transferred to the new employer.
7.7.3 Employees who accept the reasonable job offer from the
successor employer in the case of a Type 1 or Type 2 transitional
employment arrangement where the test of reasonableness referred to in the
Statement of Pension Principles set out in Annex "A" is not met,
that is, where the actuarial value (cost) of the new employer's pension
arrangements are less than 6.5 per cent of pensionable payroll
(excluding the employer's costs related to the administration of the plan) will
receive a sum equivalent to three months pay, payable on the day on which the
departmental work or function is transferred to the new employer.
7.7.4 Employees who accept an offer of employment from the
new employer in the case of Type 3 transitional employment arrangements
will receive a sum equivalent to six months pay payable on the day on which the
departmental work or function is transferred to the new employer. The home
department will also pay these employees a 12-month salary top-up allowance
equivalent to the difference between the remuneration applicable to their public
service position and the salary applicable to their position with the new
employer. The allowance will be paid as a lump-sum, payable on the day on which
the departmental work or function is transferred to the new employer. The total
of the lump-sum payment and the salary top-up allowance provided under this
section will not exceed an amount equivalent to one year's pay.
7.7.5 For the purposes of 7.7.1, 7.7.2 and 7.7.4, the term
"remuneration" includes and is limited to salary plus equal pay
adjustments, if any, and supervisory differential, if any.
7.8 Reimbursement
7.8.1 An individual who receives a lump-sum payment and
salary top-up allowance pursuant to subsection 7.7.1, 7.7.2, 7.7.3 or 7.7.4
and who is reappointed to that portion of the public service of Canada specified
from time to time in Schedule I to the Public Service Staff Relations
Act at any point during the period covered by the total of the lump-sum
payment and salary top-up allowance, if any, shall reimburse the Receiver
General for Canada by an amount corresponding to the period from the effective
date of re-appointment to the end of the original period covered by the total of
the lump-sum payment and salary top-up allowance, if any.
7.8.2 An individual who receives a lump-sum payment pursuant
to subsection 7.6.1 and, as applicable, is either reappointed to that
portion of the public service of Canada specified from time to time in
Schedule I to the Public Service Staff Relations Act or hired by
the new employer at any point covered by the lump-sum payment, shall reimburse
the Receiver General for Canada by an amount corresponding to the period from
the effective date of the reappointment or hiring to the end of the original
period covered by the lump-sum payment.
7.9 Vacation leave credits and severance pay
7.9.1 Notwithstanding the provisions of this collective
agreement concerning vacation leave, an employee who accepts a job offer
pursuant to this part may choose not to be paid for earned but unused vacation
leave credits, provided that the new employer will accept these credits.
7.9.2 Notwithstanding the provisions of this collective
agreement concerning severance pay, an employee who accepts a reasonable job
offer pursuant to this part will not be paid severance pay where successor
rights apply and/or, in the case of a Type 2 transitional employment
arrangement, when the new employer recognizes the employee's years of continuous
employment in the public service for severance pay purposes and provides
severance pay entitlements similar to the employee's severance pay entitlements
at the time of the transfer.
7.9.3 Where:
(a) the conditions set out in 7.9.2 are not met,
(b) the severance provisions of this collective agreement are extracted from
this collective agreement prior to the date of transfer to another non-federal
public sector employer,
(c) the employment of an employee is terminated pursuant to the terms of
section 7.5.1,
or
(d) the employment of an employee who accepts a job offer from the new
employer in a Type 3 transitional employment arrangement is terminated on
the transfer of the function to the new employer
the employee shall be deemed, for purposes of severance pay, to be
involuntarily laid off on the day on which employment in the public service
terminates.
Annex "A" – Statement of pension principles
1. The new employer will have in place, or Her Majesty in right of Canada
will require the new employer to put in place, reasonable pension arrangements
for transferring employees. The test of "reasonableness" will be that
the actuarial value (cost) of the new employer pension arrangements will be at
least 6.5 per cent of pensionable payroll, which in the case of
defined-benefit pension plans will be as determined by the Assessment
Methodology developed by Towers Perrin for the Treasury Board, dated October 7,
1997. This Assessment Methodology will apply for the duration of this collective
agreement. Where there is no reasonable pension arrangement in place on the
transfer date or no written undertaking by the new employer to put such
reasonable pension arrangement in place effective on the transfer date, subject
to the approval of Parliament and a written undertaking by the new employer to
pay the employer costs, Public Service Superannuation Act (PSSA)
coverage could be provided during a transitional period of up to a year.
2. Benefits in respect of service accrued to the point of transfer are to be
fully protected.
3. Her Majesty in right of Canada will seek portability arrangements between
the Public Service Superannuation Plan and the pension plan of the new employer
where a portability arrangement does not yet exist. Furthermore, Her Majesty in
right of Canada will seek authority to permit employees the option of counting
their service with the new employer for vesting and benefit thresholds under the
PSSA.
Annex "B"
Years of Service
in the
Public Service |
Transition Support Measure (TSM)
(Payment in weeks' pay) |
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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For indeterminate seasonal and part-time employees, the TSM will be pro-rated
in the same manner as severance pay under the terms of this collective
agreement.
Severance pay provisions of this collective agreement are in addition to the
TSM.
July 12, 2004
Mr. Hugh Price
National President
Federal Government Dockyards Trades
and Labour Council (Esquimalt)
P.O. Box 1779
Victoria, B.C.
V8W 2Y3
Dear Mr. Price:
Re: Ship Repair Group
(Variable Hours of Work)
This letter refers to discussions that the parties had with respect to
variable hours of work.
It is agreed that variable hours of work may be implemented, on a trial
basis, with the mutual consent of the parties.
This Letter of Understanding will expire on September 30, 2006.
July 12, 2004
Mr. Hugh Price
National President
Federal Government Dockyards Trades
and Labour Council (Esquimalt)
P.O. Box 1779
Victoria, B.C.
V8W 2Y3
Dear Mr. Price:
Re: Ship Repair Group
(All employees located on the West Coast)
This letter is to give effect to the understanding reached during the
negotiations for the Ship Repair Group with reference to Notes 1 and 2 of
Appendix "A".
It is understood and agreed by the parties that for the duration of the
Collective Agreement which will expire on September 30, 2006, Notes 1
and 2 of Appendix "A" of the said Agreement dealing with the rate
of pay for Welder (High-Pressure) and Pipefitter (High-Pressure) will be
interpreted and applied as follows:
1. QUALIFICATIONS
(i) Welders or pipefitters wishing to qualify for the pay differential must
demonstrate ability to the standards set down for M.C.A. Welding BC1A
Certification or Brazing Specification NAVSEA 0900-LP-001-7000 or recognized
equivalent.
(ii) Examination is to be under the supervision and direction of a Fleet
Maintenance Facility Cape Breton (FMF CB) Welding Supervisor or Pipefitter
Supervisor with radiographic examination or Peel Test of weld coupons to be
conducted by DREP or other recognized facility.
(iii) High-Pressure Welder Qualification is to be maintained by retesting
every two (2) years. On the occasion of first testing for qualification
(but not for requalification) up to twenty (20) hours paid practice and
instruction time to be allowed, scheduled at supervisor's discretion. New
employees holding M.C.A. BC1A Certification or recognized equivalent will not
necessarily be exempt from FMF CB qualification.
(iv) High-Pressure Pipefitter Qualification is to be maintained by
verification of process during each three (3)-month period. On the occasion
of the first testing for qualification (but not for requalification) up to
twenty (20) hours paid practice and instruction time to be allowed,
scheduled at the supervisor's discretion.
2. APPLICATION
The pay differential will be paid to welders and pipefitters holding the
FMF CB Qualification described above, as per Notes 1 and 2 of
Appendix "A".
between
TREASURY BOARD OF CANADA
(hereinafter called "The Employer")
and
THE FEDERAL GOVERNMENT DOCKYARD
TRADES AND LABOUR COUNCIL (ESQUIMALT)
(hereinafter called "The Council")
in respect of range control and underwater systems technicians
at the Canadian Forces Maritime Experimental and
Test Ranges at Nanoose in the
SHIP REPAIR GROUP
(All employees located on the West Coast)
who work a variable work week
PRINCIPLE
The Employer and the Council agree that notwithstanding the provisions of the
Ship Repair Group Collective Agreement (all employees located on the west coast)
which will expire on September 30, 2006, the following conditions shall only
apply to range control and underwater systems technicians employed at the
Canadian Forces Maritime Experimental and Test Ranges (CFMETR) located at
Nanoose, British Columbia who work a variable work week.
It is agreed that the implementation of any variation in hours shall not
result under any circumstances in any additional expenditure or cost by reason
of such variation.
GENERAL
1. Conversion to Hours
The provisions of the Collective Agreement which specify days shall be
converted to hours based on an eight (8) hour day as follows:
- |
five-twelfths (5/12) day |
= |
3.333 hours |
- |
five-sixths (5/6) day |
= |
6.666 hours |
- |
one (1) day |
= |
8.000 hours |
- |
one and one-quarter (1 1/4) days |
= |
10.000 hours |
- |
one and two-thirds (1 2/3) days |
= |
13.333 hours |
- |
two and one-twelfth (2 1/12) days |
= |
16.667 hours |
2. Leave
(a) When leave is granted, it will be granted on an hourly basis and the
hours debited for each day of leave shall be the same as the hours the employee
would normally have been scheduled to work on that day.
(b) Notwithstanding paragraph 2(a), Bereavement Leave With Pay -
clause 13.02 and Grievance Procedure - Article 20, a
"day" will have the same meaning as the provisions of the Collective
Agreement.
3. Application
Local Management of the Department of National Defence and duly-authorized
representatives of the Council may jointly devise and decide on a mutually
acceptable work schedule which shall include a specified number of days of rest.
The scheduled hours of work on any day, as set forth in such a work schedule,
may exceed eight (8) hours per day; starting and finishing times, meal
breaks and rest periods shall be determined according to operational
requirements of CFMETR and the daily hours of work shall be consecutive.
Such a work schedule shall provide that an employee's normal work week shall
average forty (40) hours per week over the life of the schedule.
SPECIFIC APPLICATION
For greater certainty, the following provisions shall be administered as
provided herein:
1. Article 2 - Interpretation and Definitions
Clause (2.01(f)) - "daily rate of pay" - shall not
apply.
2. Article 10 - Vacation Leave With Pay
Employees shall earn vacation leave credits at the rates prescribed for their
years of service, as set forth in Article 10 of the Collective Agreement,
but credits shall be converted to hours on the basis that one (1) day
equals eight (8) hours, and one week equals forty (40) hours.
Leave When Employment Terminates
When an employee dies or otherwise ceases to be employed, he or his estate
shall be paid an amount equal to the product obtained by multiplying the number
of hours of earned but unused vacation and furlough leave with pay to his credit
by the hourly rate of pay as calculated from the rate specified in his
certificate of appointment prior to the termination of his employment.
3. Article 11 - Designated Paid Holidays
Clauses 11.03, 11.04 and 11.05 shall not apply and shall be replaced by
the following clause:
(a) when a holiday falls on a day of rest,
and
(i) the employee does not work on the holiday, the employee shall be given
eight (8) hours pay at the straight-time rate as holiday pay; and these
hours shall be counted toward the employee's weekly hours of work in
accordance with paragraph 3 of the General Section of this Memorandum of
Agreement,
(ii) the employee works, he shall receive, in addition to what is provided
in (i) above, double time for the first ten (10) hours of work and triple
time for hours worked in excess of ten (10).
(b) when a holiday falls on a scheduled workday, the employee shall be given
in addition to eight (8) hours pay at the straight-time rate as holiday
pay, double (2) time for all scheduled hours worked and triple (3)
time for all hours worked in excess of the employee's scheduled hours of work.
All scheduled hours worked shall be counted toward the employee's weekly hours
of work. An employee who works a ten-hour shift shall be entitled to
twenty-eight (28) hours of pay of which ten (10) hours will be
reflected in his regular pay cheque as part of his forty (40) hour work
week.
4. Article 16 - Hours of Work and Overtime
Clauses 16.01, 16.02, 16.03, 16.05, 16.06, 16.07 and 16.09 of the
Collective Agreement shall not apply and shall be replaced by the following
clauses:
Hours of Work
(a) The work week shall be from Monday to Friday inclusive;
(b) the hours of work shall be an average of forty (40) hours per week
and ten (10) hours per day;
(c) management agrees to discuss with the Council any changes in working
hours before implementing them.
Overtime Compensation
Subject to clause 16.11, overtime shall be compensated at the following
rates:
(a) double (2) time for each hour of overtime worked in excess of the
employee's scheduled daily hours of work and for all hours worked on a scheduled
day of rest;
(b) triple (3) time for each hour of overtime worked after
sixteen (16) hours worked in any twenty-four (24)-hour period and for
all hours worked by an employee who is recalled to work before the expiration of
the ten (10)-hour rest period referred to in clause 16.10.
DURATION
The Letter of Understanding shall be effective from the date of signing of
the Collective Agreement and will expire on September 30, 2006.
This Letter of Understanding may be amended by mutual consent.
SIGNED AT VICTORIA, this 29th day of the month of July, 2004.
THE TREASURY BOARD
OF
CANADA |
|
THE FEDERAL GOVERNMENT
DOCKYARD TRADES AND
LABOUR COUNCIL
(ESQUIMALT) |
Display full size graphic
between
TREASURY BOARD OF CANADA
(hereinafter called "The Employer")
and
THE FEDERAL GOVERNMENT DOCKYARD
TRADES AND LABOUR COUNCIL (ESQUIMALT)
(hereinafter called "The Council")
in respect to employees on the first (night) shift and
the third (evening) shift at FMF CB in the
SHIP REPAIR GROUP
(All employees located on the West Coast)
1. PRINCIPLE
The Employer and the Council agree that notwithstanding the provisions of the
Ship Repair Group Collective Agreement (all employees located on the west coast)
which will expire on September 30, 2006, the following conditions shall
only apply to employees who work on the first (night) shift and the third
(evening) shift in the FMF CB.
2. LEAVE
When leave is granted, it will be granted on an hourly basis and the hours
debited at the factor of 1.067 hours for each hour of leave taken.
Notwithstanding the foregoing paragraph, in the application of Bereavement
Leave with pay - clause 13.02, and the Grievance Procedure -
Article 20, a "day" will have the same meaning as the provisions
of the Collective Agreement.
3. SPECIFIC APPLICATION
The following provisions shall be administered as provided herein:
(a) Article 2 - Interpretation and Definitions
Clause 2.01(f) daily rate of pay will mean seven point five (7.5)
hours on the scheduled shift multiplied by the factor of one point zero six
seven (1.067) to equate to an employee's eight (8) hours pay.
(b) Article 11 - Designated Paid Holidays
Clause 11.05 shall not apply and shall be replaced by the following
clause:
(i) when a holiday falls on a day of rest,
and
(A) the employee does not work on the holiday, the employee shall be given
eight (8) hours pay at the straight-time rate as holiday pay;
(B) the employee works, he shall receive, in addition to what is provided
in (A) above, double time for each hour worked up to seven and one
half (7 1/2) hours and triple time for each hour worked thereafter.
(ii) when a holiday falls on a scheduled workday, the employee shall be given
in addition to eight (8) hours pay at the straight-time rate as holiday
pay, double (2) time for all scheduled hours worked and triple (3)
time for all hours worked in excess of the employee's scheduled hours of work.
(c) Article 16 - Hours of Work and Overtime
It is understood that with respect to clause 16.01 the hours of work
shall be considered as forty (40) hours per week and eight (8) hours
per day.
(d) Article 25 - Shift Premium
It is understood that with respect to the subject article, the shift premium
shall be calculated in accordance with the following examples for an employee
who works:
- the third (evening) shift
$17.50 X 1/15 = $1.17*
$1.17 X 7.5 hours = $8.78*
- the first (night) shift
$17.50 X 1/5 = $3.50*
$3.50 X 7.5 hours = $26.25*
* rounded to the nearest cent
DURATION
This Letter of Understanding shall be effective from the date of signing of
the Collective Agreement and will expire on September 30, 2006.
SIGNED AT VICTORIA this 29th day of the month of July, 2004
THE TREASURY BOARD
OF
CANADA |
|
THE FEDERAL GOVERNMENT
DOCKYARD TRADES AND
LABOUR COUNCIL
(ESQUIMALT) |
Display full size graphic
July 12, 2004
Mr. Hugh Price
National President
Federal Government Dockyard Trades
and Labour Council (Esquimalt)
P.O. Box 1779
Victoria, B.C.
V8W 2Y3
Dear Mr. Price:
Re: Ship Repair Group
(All employees located on the West Coast)
This letter is to give effect to the understanding reached for the Ship
Repair Group with respect to subclause 18.03(a) of the Travelling Article.
For the duration of the Collective Agreement which will expire on
September 30, 2006, where an employee, who works on the second (day) shift,
is required by the Employer to travel on work days (Monday to Friday on which
the employee travels but does not work) between midnight and 08:00 hours,
the definition of a day (clause 2.01(g) refers) shall, for this purpose
only, be deemed to be the twenty-four (24) hour period commencing at
08:00 hours.
between
TREASURY BOARD OF CANADA
(hereinafter called "The Employer")
and
THE FEDERAL GOVERNMENT DOCKYARD
TRADES AND LABOUR COUNCIL (ESQUIMALT)
(hereinafter called "The Council")
in respect to Hours of Work at FMF CB in the
SHIP REPAIR GROUP
(all employees located on the West Coast)
Reference: Article 16, Hours of Work and Overtime
This letter refers to discussions between the parties with respect to Hours
of Work; in particular, Alternate Work Schedule and Flex Time.
The Employer and the Council both recognize the requirement to maximize the
efficiency of the workforce while considering the employees' desire to have some
flexibility in Hours of Work. It is agreed that the Council and FMF CB
management will collaborate to develop and implement Alternate Work Schedule and
Flex Time schemes where significant operational advantages may be achieved. It
should be stressed that only in those instances where the parties have reached
mutual agreement to trial such concepts, will work be scheduled outside of the
hours, as defined in clauses 16.01 and 16.02, while maintaining Saturday
and Sunday as days of rest.
Detailed guidelines and conceptual information related to the trial of these
two initiatives will be drafted as an FMF SOP developed in cooperation
between the Council and FMF CB management. Details of the SOP may be reviewed at
any time over the duration of the Collective Agreement in order to improve the
trial as necessary. The parties also acknowledge the requirement to discuss the
preferred way ahead for implementation of this LOU and associated SOPs beyond
the life of this Collective Agreement. The parties also acknowledge that the
outcome of these consultations may result in the re-opening of the Collective
Agreement subject to the provisions of Article 23.01.
This Letter of Understanding will expire on September 30, 2006.
SIGNED AT VICTORIA this 29th day of the month of July, 2004.
THE TREASURY BOARD
OF
CANADA |
|
THE FEDERAL GOVERNMENT
DOCKYARD TRADES AND
LABOUR COUNCIL
(ESQUIMALT) |
Display full size graphic
July 12, 2004
Mr. Hugh Price
National President
Federal Government Dockyards Trades
and Labour Council (Esquimalt)
P.O. Box 1779
Victoria, B.C.
V8W 2Y3
Dear Mr. Price:
Re: Vehicle/Liability
This will confirm that the Employer will, subject to this letter, waive its
claim against any employee in the bargaining unit for reimbursement of damages
paid by it to a third party for bodily injury, death or property damage caused
by an accident involving a motor vehicle owned or rented by the Employer and
driven by the employee in the normal course of performing his/her duties.
The Employer agrees to indemnify an employee in the bargaining unit against
any liability imposed upon him/her by a court of competent jurisdiction to pay
any damages arising from bodily injury, death or property damage suffered by a
third party and caused by an accident which occurs while the employee is driving
a motor vehicle owned or rented by the Employer while in the normal course of
performing his/her duties. No employee in the bargaining unit will be eligible
for such indemnification unless he/she has, prior to the occurrence of such an
accident, executed and delivered to the Employer an instrument in writing in a
form acceptable to the Employer having the following effect:
1. constituting and appointing the Employer as irrevocable attorney to appear
and defend in any court of competent jurisdiction in which an action is brought
against him/her claiming damages allegedly arising out of such an accident, and
2. authorizing the Employer to conduct all negotiations in respect of such
damages and to effect any settlement relating to the payment thereof.
None of the undertakings described in this letter will apply where the
accident occurred while the employee was driving a vehicle owned or rented by
the Employer outside the scope of his/her employment.
This Letter of Understanding will expire on September 30, 2006.
Mr. Hugh Price
National President
Federal Government Dockyards Trades
and Labour Council (Esquimalt)
P.O. Box 1779
Victoria, B.C
V8W 2Y3
Dear Mr. Price:
Re: Ship Repair Group
(Workforce Flexibility)
Reference: Workforce Flexibility Agreement.
This letter refers to discussions that the parties had with respect to
workforce flexibility.
The parties mutually recognize the requirement to maximize employment for
existing employees, as well as the desirability of increasing trade flexibility
for the purpose of assisting the efficient production of work and reducing non
productive time.
It is agreed that the appropriate parties will consult in order to identify
opportunities and define conditions under which flexibilities of work assignment
between trades within similar skills sets can be utilized to maximize
productivity. The parties also acknowledge that the outcome of these
consultations may result in the re-opening of the Collective Agreement subject
to the provisions of Article 23.01.
This Letter of Understanding will expire on September 30, 2006.
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