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"
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 (employé touché) - is an
indeterminate employee who has been informed in writing that his 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 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
recognised learning institution, book and mandatory equipment costs, up to a
maximum of $8,000.00. The Education Allowance includes a reimbursement of up to
$2,000, in addition to the above mentioned $8,000, for reimbursement of tuition,
books and mandatory equipment for a postgraduate university program.
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 (employé 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 as defined in Schedule I and IV of the Financial
Administration Act, 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 PSLRA 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 (employé excédentaire) - is
an indeterminate employee who has been formally declared surplus, in writing, by
his deputy head.
Surplus priority (priorité de employé
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 d'employé excédentaire) - An indeterminate employee is in surplus status from the date he is declared
surplus until the date of lay-off, until he is indeterminately appointed to
another position, until his 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 d'employé 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 Labour Relations Act, subsections 81 to 93
and section 79.
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 PIPSC, 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.
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, 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, and they shall notify PIPSC of the responsible
officers who will administer this Appendix.
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 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 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 the President of
PIPSC and consult with PIPSC 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. As soon as the affected employees are
identified, the departments will immediately forward the name and location of
those employees to PIPSC.
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 PIPSC 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 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 qualifications, if
such a position were available.
1.1.14 Departments shall provide that employee with
the official notification that he has become subject to a work force adjustment
and shall remind the employee 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 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 "a traveler 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, contractors, consultants, employees appointed for a
specified period (terms) and all other non-indeterminate employees. Where
practicable, departments shall not re-engage such temporary agency personnel,
contractors, consultants 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 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
PIPSC on the numbers and status of their members who are in the Priority
Administration System and, on a service-wide basis, through reports to PIPSC.
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 representative,
advise the deputy head, the employee, and his 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 PIPSC 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 home department and a
representative of PIPSC, when he has been referred to a department for
consideration but will not be offered the position. The PSC shall include full
details of why he will not be appointed to or retrained for that position.
1.4 Employees
1.4.1 Employees have the right to be represented by
PIPSC 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.
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 Assistant Secretary (or delegate),
Labour Relations and Compensation Operations, Treasury Board Secretariat, in
confidence, at the earliest possible date and under no circumstances less than
four working days 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 two working days before the
situation is announced, the Assistant Secretary (or delegate), Labour Relations
and Compensation Operations, Treasury Board Secretariat shall inform, in writing
and in confidence, the President of PIPSC. 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.
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.
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 a specific vacant position as referenced in (a) above.
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 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 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 was laid-off, the employee will be salary protected in accordance
with Part V.
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.
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 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 be, to the degree determined by the Employer, able to 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 pay for the substantive
position 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 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 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 $8,000 for reimbursement of
receipted expenses of an opting employee for tuition from a learning institution
and costs of books and mandatory equipment, and up to an additional $2,000 to
the above mentioned $8,000, for reimbursement of receipted expenses of an opting
employee for tuition, costs of books and mandatory equipment for a postgraduate
university program.
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 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 specifically in one
of the departments or agencies listed in schedule I, IV or V of the Financial
Administration 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
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, or hired to that portion of
the Public Service of Canada specifically in one of the departments or agencies
listed in schedule I, IV or V of the Financial Administration Act, or
is hired by the new employer within the six months immediately following his
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.
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 recognise:
- the union's need to represent employees during the transition
process;
- the Employer's need for greater flexibility in organising the
public service.
For Employees' Information Purposes Only
For information with respect to accrued benefits, refer to
Section 12.3(2) 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 PIPSC.
The notice to PIPSC 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 PIPSC. 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. Commercialisation
In cases of commercialisation 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 commercialisation and creation of new agencies,
consultation opportunities will be given to PIPSC; however, if after meaningful
consultation 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.
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 former 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, IV or V of the Financial Administration 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, IV or V of the Financial Administration Act or hired by the new
employer, to which the employee's work was transferred, 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.
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.
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
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 |
10
22
24
26
28
30
32
34
36
38
40
42
44
46
48
50
52
52
52
52
52
52
52
52
52
52
52
52
52
52
49
46
43
40
37
34
31
28
25
22
19
16
13
10
07
04 |
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.
This letter is to give effect to the understanding reached by
the Employer and the Institute in negotiations for the renewal of the agreement
that expired September 30, 2003 covering the above specified group.
Accordingly, the parties agree to establish a joint committee
comprising equal representation to meet within ninety (90) days of the signing
of the collective agreement for the Health Services Bargaining Unit. The joint
committee shall examine in particular the creation of a voluntary declaration of
errors mechanism; the conditions under which the professional health care is
exercised in the Federal government; and the service delivery and patient safety
in the health field.
The joint committee shall produce recommendations, which will be
made available to both parties concerned for examination at the next round of
collective agreement negotiations. The joint committee shall submit its
recommendation no later than two (2) months before the expiration date of the
said collective agreement, unless the Employer and the Institute agree in
writing to extend the deadline.
The Committee shall be co-chaired by the Employer and the
Professional Institute of the Public Service of Canada. Time spent (including
travel) by the members of the working group shall be considered time worked. All
other costs will be the responsibility of each party.
This letter is to give effect to the understanding reached by
the Employer and the Institute in negotiations for the renewal of the agreement
that expired September 30, 2003 covering the above specified group.
Accordingly, the parties agree, during the life of the
Agreement, to conduct a recruitment and retention study to identify and analyze
recruitment and retention issues for each classification in the bargaining unit.
Specifically, the study, while not limited to, would compare the
compensation package with internal and external comparators (rates of pay,
allowances and leaves) and other related benefits. The Study would also be
tasked with recommending curative options, if possible, to address and resolve
the identified issues in recruitment and retention for each of the
classifications in the Health Services Group.
The Study shall be co-chaired by the Treasury Board and the
Professional Institute of the Public Service of Canada. If required, outside
consultant expenses shall be paid by the Treasury Board. Time spent (including
travel) by the members of the working group shall be considered time worked. All
other costs will be the responsibility of each party.
The parties agree to identify the co-chairs and meet within one
hundred and twenty (120) days of the signing date to establish the constituents
(membership) and the terms of reference.
The Parties agree to finalize the results and recommendations no
later than sixty (60) days prior to the expiry date of this collective agreement
unless mutually agreed to otherwise.
|