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OPSEU – Article 20, Employment StabilityPrepared By: Employment Mobility Coordination Unit, HR Ontario. April 2013This is an overview only. Please refer to the OPSEU Collective Agreement expiring December 31, 2014 (Article 20) for more detailed information

HROntario| HR Service Delivery Division

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Article 20 – Employment Stability

PRESENTATION OVERVIEW:

Introduction – introduce entitlements provided through Article 20

Surplus Notice Alert – Provide details about the options available to staff, as outlined in their Surplus Notice Alert

Employee Portfolio Notice of Layoff – Identify Notice of Layoff Requirements Additional Information – Tuition Reimbursement, Recall Question & Answer Period

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Introduction: Employment Stability Overview (Article 20)

Article 20 of the OPSEU Collective Agreement provides information about Employment Stability

Article 20 applies to all regular employees represented by OPSEU, including probationary employees• Note that probationary employees are not

entitled to displacement rights• Displacement refers to the situation where an

OPSEU-represented employee who has received a notice-of-layoff & who has elected to remain available for redeployment is entitled to a position occupied by an employee of lesser seniority

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SurplusNoticeAlert

(Article 20.1.2.2)

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Surplus Notice Alert: 20.1.2.2

Issued: ALL OPSEU-represented employees in the work unit

will be provided with written notice Not less than 6 working days prior to issuance of

any Notice of Layoff (these days are NOT included in the 6 month notice period)

Describes the work unit, job functions to be reduced, and the number of positions to be reduced

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Surplus Notice Alert (continued)

Offers employees whose positions are SPECIFICALLY identified for surplussing to exit the OPS, and not seek a targeted direct assignment or a displacement

AND

Invites all employees in the affected job functions to volunteer to exit the OPS

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Surplus Notice Alert (continued)

Employees electing to exit must respond in writing within 5 working days of Surplus Notice Alert and indicate which option is selected

Volunteers must submit their request to exit within 5 working days of Surplus Notice Alert and indicate which option is selected NOTE: Volunteers will be approved in

accordance with seniority up to the numbers required

NOTE: Volunteers not approved can still register for Voluntary Exit Option (Article 20.7)

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Exit Options at SNA

If volunteers are approved, there are three exit options:

1. Pay-in-lieu: 6 months pay; PLUS Termination pay (1 week per year of service, up to a

maximum of 26 weeks) (Article 53 or 78); PLUS Enhanced severance (1 week per COMPLETED year of service,

with no maximum), if eligible NOTE: If eligible to retire with an actuarially unreduced

pension, there is NO enhanced severance, per Appendix 9, Paragraph 4b

2. Immediate retirement, if eligible for a factor (90, 60/20, Age 65) 6 months pay (lump sum or salary continuance); PLUS Termination Pay (1 week per year of service, up to a

maximum of 26 weeks) (Article 53 or 78) NO enhanced severance, per Appendix 9, Paragraph 4b

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Exit Options at SNA (continued)

3. Pension Bridging (Appendix 9, Paragraph 2b). If the following would bring employee to the next earliest

date on which he or she could exercise an actuarially unreduced pension:

6 month notice period; PLUS Paid leave by converting termination pay to a paid

leave (1 wk per year of service to a max of 26 weeks, Article 53 or 78); PLUS

An unpaid leave up to 2 years Enhanced severance (reduced by the amount required to

pay for pension contribution for the unpaid leave portion of the bridge) will be paid as a lump sum

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Surplus Notice Alert (continued)

For all 3 options: No other provisions of Article 20 apply except for the right to

apply to restricted competitions for a period of 24 months from the date on which layoff would have occurred

Employer will respond:• In writing within 5 days of receipt of request

If volunteers have been approved: Notice of Layoff will be confirmed and the employee’s last day

of work is 5 days from receipt of acceptance (or such other period as mutually agreed upon)

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Employee Portfolio (Article 20.1.4) PLEASE NOTE: The form for the Employee Portfolio (EP) is

available online (see Slide 37)

The EP outlines the employee’s qualifications and knowledge, for targeted direct assignment purposes

ALL new employees must complete an EP within their probationary period (it is placed on the personnel file)

The Employer shall require any employee that it has reasonable grounds to believe may be declared surplus to complete an EP within 6 days

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Employee Portfolio (continued) When applying for a targeted direct assignment, employees

must submit an EP to each competition to which they apply:

Employees are encouraged to tailor their EP to highlight qualifications specific to each targeted direct assignment to which they apply

Employees must submit an application (EP) before the job ad closing date of the competition

If identifying French language skills or typing to standard, you must provide supporting certificates with your EP

Your designated HR contact (as identified in the Notice letter) is available to provide assistance in the preparation of an EP

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Tips for completing the Employee Portfolio Follow the instructions in the Guide to the EP for OPSEU Identify the most important skills you have gained and that you are

able to demonstrate• Remember, you should tailor your skills/experience to reflect the

requirements of the competition to which you are applying Ensure you include your name and current Ministry on all pages You may attach a copy of your current home position job description

(you must indicate on your EP whether this is attached) Specify any designations/accreditations/certificates/licenses you have

• If you have a drivers license, specify the type• Remember, if applying to a job that requires typing to standard or

French language skills you must attach your certificate validating the skill

You should keep an electronic copy of your Employee Portfolio so that you can make changes to it at any time

If you have any questions about the Employee Portfolio or need individualized assistance in completing it contact your designated HR contact that is identified in your SNA Letter

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Notice of Layoff (Article 20.2) Issued by the Employer:

Where not enough volunteers have been identified to exit to fulfill requirements

To employees whose positions have been specifically identified to fulfill requirements

Issued on expiry of 6 working days following the Surplus Notice Alert

Next Step: Employee shall advise Employer in writing of their

decision within 10 working days

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Options:

Exercise rights under Article 20.2 (Exit Options)

OR

Remain employed during 6 month notice period for possible Targeted Direct Assignment

NOTE: Failure to provide a written decision will mean the employee is deemed to have decided to remain employed during the notice period

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Pay-in-Lieu at Notice of Layoff

Employees who accept Pay in Lieu of Notice (PIL):

Last day shall be 5 working days after acceptance of PIL option (or such other period as mutually agreed)

No recall rights

Note: Pay-in-lieu for the balance of the notice period shall only be granted where the Employer determines that operational requirements permit an employee’s exit from the workplace prior to the expiration of six months notice

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Article 20.2.1.4(a) Pay-in-Lieu at Notice of Layoff - Lump Sum

With mutual consent, may resign and receive equivalent pay in lieu of 6 months notice

Shall only be granted where the Employer determines that operational requirements permit an employee’s exit from the workplace prior to the expiration of the 6 months notice (Article 20.2.1.3)

6 months pay salary and benefit entitlements which would have

accrued to layoff date are forfeited PLUS, Termination pay (Article 53 or 78) PLUS, Enhanced severance, if eligible

− Employees accessing actuarially unreduced pension are not eligible for enhanced severance as per Appendix 9, paragraph 4b)

In addition, retirement options may be available (see slide 19). If so, these will be detailed in the Notice of Layoff letter

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Article 20.2.1.4(b) Pay-in-Lieu at Notice of Layoff -Salary Continuance With mutual consent, employee may resign and receive

equivalent pay in lieu of notice Shall only be granted where the Employer determines that

operational requirements permit an employee’s exit from the workplace prior to the expiration of the 6 months notice (Article 20.2.1.3)

Continuance of salary for 6 months plus benefits (except STSP and LTIP) commencing on

Notice of Layoff date for the duration of the notice period PLUS, Termination pay (Article 53 or 78) PLUS, Enhanced severance, if eligible

− paid as a lump sum− Employees accessing actuarially unreduced pension are

not eligible for enhanced severance as per Appendix 9, paragraph 4b)

In addition, retirement options may be available (see slide 19). If so, these will be detailed in the Notice of Layoff letter

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Retirement options at Notice of Layoff At Notice of Layoff, Employees may be eligible to retire under one of

the following: Eligible for immediate retirement (Factor 60/20, 90 OR age 65) Eligible to retire within the notice period (Factor 60/20, 90 OR age 65) Eligible to retire after end of notice period, but within period equal to

termination pay converted to paid leave (Factor 60/20, 90, OR age 65)− This is not considered a pension bridge 

NOTE: PIL shall only be granted where the Employer determines that operational requirements permit an employee’s exit from the workplace prior to the expiration of the 6 months notice period (Article 20.2.1.3)

No enhanced severance is payable if employee can access an actuarially unreduced pension as per Appendix 9 paragraph 4(b) Note: Where an employee selects a retirement option, the

employee waives all rights to displacement, targeted direct assignment and recall. The employee does maintain the right to apply to restricted competitions for 24 months from the original layoff date.

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Pension Bridging at Notice of Layoff To be eligible for pension bridging, the total of the

employee’s:

Six (6) months notice period, plus Termination payments under Article 53 or 78 (Basic

termination only) converted to a leave with pay, plus An unpaid leave of absence (a maximum of two years)

must bring the employee to the next earliest retirement date on which an actuarially unreduced pension can be attained

Enhanced severance would be reduced by an amount equivalent to pension contributions for the unpaid LOA

The employee MUST have an unpaid leave of absence of at least 1 day to be considered for a Pension Bridge

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Pension Bridging at Notice of Layoff (continued) At the end of the pension bridge, upon retirement, the

employee will receive:

any remaining balance of enhanced severance pay (after having been reduced by an amount equivalent to pension contributions for the unpaid LOA) and vacation credits as a lump sum; and,

balance of any termination pay earned during the paid portion of the pension bridge as a lump sum; and,

the right to phase in these lump sum payments over 2 calendar years pursuant to Article 20.18: Payment of Monies.

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Pension Bridging SAMPLE ONLY (example where an employee can bridge to Factor 60/20)Employee Name: NAMESurplus Date: March 1, 2013 Layoff Date: August 31, 2013Factor 60/20 Date: Oct 27, 2014Continuous Service Date (per WIN): April 1, 1992

Type of Leave # of Days Start Date End Date       Leave with pay for the notice period less 7 or fewer days 178 Mar 1/13 Aug 25/13

Leave without pay 267 Aug 26/13 May 19/14

Leave with pay converted from termination pay 155 May 20/14 Oct 21/14

Leave with pay for the balance of the notice period 6 Oct 22/14 Oct 27/14

Last day on Payroll: October 27, 2014Retirement Date: Effective October 28,2014

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Targeted Direct Assignment (Article 20.3) Under Article 20.3,Targeted Direct Assignment (TDA), employees may

be assigned to an OPSEU vacancy during their notice period, provided that: The employee applies for the posted competition or VEO opportunity

on eCareers by submitting an Employee Portfolio (see slide 36) to applyTDA@ontario.ca

The employee meets the entry-level qualifications for the position NOTE: VEO positions require ability to perform the normal

requirements of the job without training The position is in the same classification or same class series, within

the range of 2 classifications below the employee’s current home position; OR

The position is in the same classification of a position that the employee previously held either on a full-time basis, or where the employee performed the FULL RANGE of job duties on a temporary basis for at least 12 months; AND

There is no other qualified employee to perform the required duties, who has a greater length of continuous service and who is eligible for assignment to the vacancy either pursuant to Art20.3 or Art20.6

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Targeted Direct Assignment (continued)

Next Steps: Employee applies to the competition before the Job Ad closing date by

submitting an EP, which identifies eligibility for consideration for targeted direct assignment

Employer will advise the successful employee of the direct assignment 10 days after the competition closes

Employee must inform designated HR contact in writing within 5 working days of receiving notification whether the assignment is accepted• If accepted: position becomes employee’s new home position

(employee is no longer surplus)• If declined: employee is laid off at the end of the notice period and

loses rights to apply to any other TDAs, temporary assignments, for displacement, or for recall

− NOTE: Employees who apply to competitions for TDA must be willing to accept the targeted direct assignment, if offered

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Voluntary Exit Option (VEO) Opportunities (Article 20.7)WHAT IS IT?:

An employee who has not received a notice of layoff may offer to be declared surplus and give up his or her job for possible direct assignment to an employee who has received a notice-of-layoff

That position is then considered a vacancy for targeted direct assignment (TDA) of a surplus employee, provided the Employer determines the position will continue to be filled

VEO positions will be used for Targeted Direct Assignment first, over assignment to a vacancy

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Voluntary Exit Option (con’t) VEO positions will be posted on eCareers ONLY surplus OPSEU employees eligible for TDA can apply to the

position To be considered for VEO opportunities, impacted employees must

submit an Employee Portfolio for each VEO posted for which they wish to apply, indicating receipt of NOL and that they are eligible for TDA

Employees will apply to VEOs by sending their application (EP) to applyTDA@ontario.ca

Employees can apply only if: The position is in the same classification or same class series, within the range of 2 classifications below the employee’s current home position; OR The position is in the same classification of a position that the employee previously held either on a full-time basis, or where the employee performed the FULL RANGE of job duties on a temporary basis for at least 12 months,

AND They are able to perform the normal requirements of the job

without training

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Displacement (Article 20.4) Employee must elect displacement by end of the 3rd month of their

notice period NOTE: A form is available and must be used and will be provided

to you by your designated HR contact. If no Displacement Election Form is submitted within the timeframe, no displacement opportunity will be sought

You may submit an updated EP up to the end of the 4th month of your notice

Employees who have been direct assigned by the beginning of the 6th month of notice period, and employees who are within their probationary period are not eligible to displace

Employer identifies the person to be displaced Employee with the least seniority in same classification and same

ministry of surplus employee Headquarters located within 40 km radius of headquarters of

surplus employee Surplus employee must be qualified to perform the work

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Displacement (continued)

If no displacement opportunity is found, the Employer will then review employees in classes in the same class series in descending order, in same ministry, within 40 km

If no displacement opportunity is found, the Employer will review other classes the employee held on full time basis, or full job duties on a temporary basis for 12 months, within 40 km

If no displacement opportunity is found, and if the employee requests, the Employer will repeat the steps for positions beyond 40 km of headquarters (NOTE: No relocation expenses)

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Displacement (continued)

Upon completion of the 5th month of a surplus employee’s notice period, the Employer will advise the surplus employee of the position into which he or she is eligible to displace (if any)

Employee must indicate intention to accept or decline in writing Must be received within 1 week of notification If no indication in writing, employee is deemed to have

given up the right to displace, and has opted for targeted direct assignment only

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Temporary Vacancies (Article 20.8) Surplus employees shall be eligible for assignment into temporary

vacancies in their last 2 months of their notice period, if the Vacancy is: At least 6 months duration Is posted for recruitment Is within their own ministry The position is in the same classification or same class series,

within the range of 2 classifications below the employee’s current home position; OR

The position is in the same classification of a position that the employee previously held either on a full-time basis, or where the employee performed the FULL RANGE of job duties on a temporary basis for at least 12 months

Employee must apply for the position, using an Employee Portfolio, which indicates receipt of a Notice of Layoff and eligibility to apply for a temporary assignment via the TDA process

Employee must meet entry level qualifications

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Temporary Vacancies (continued)

Employees who have applied via the TDA process will be considered before candidates who have applied to the competition as a regular recruitment activity

Acceptance of a temporary vacancy shall be considered a hiatus in the notice period for the duration of the temporary assignment (ie employee will no longer be eligible to apply to positions via the TDA process) At the end of the temporary assignment, the balance of the

notice period resumes

NOTE: If a temporary assignment is obtained by competition during the notice period and is for at least 6 months, the employee’s notice period is put on hiatus

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Lay Off

At the end of the 6 month notice period, employee is laid off if no direct assignment or displacement has been found

Upon layoff, employee receives: Termination pay (Article 53 or 78);PLUS Enhanced severance, if eligible, as a lump sum (Appendix

9, Paragraph 4b) Recall rights (if termination payment has not been taken) Payout for unused vacation credits Right to apply to restricted competitions for 24 months

from layoff date

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Surplus Factor 80(Appendix 17, Appendix 9)

IMPORTANT NOTICE Regarding the Surplus Factor 80 Program

The Surplus Factor 80 Program is no longer available

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Tuition Reimbursement (Article 20.5) Where an employee takes a program/course with the approval

of the Employer, to upgrade employment-related skills, Employer shall defray all or part of the tuition in accordance with Employer’s normal policy

Employee must have receipts From an approved educational program (see next slide for

definition) Receipts to be produced within 12 months of layoff

Employee shall be reimbursed for tuition fees up to a maximum of $3,000

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Tuition Reimbursement (continued)

What is an approved educational program? Approved educational program usually refers to a program or

course offered by a public, private, or not-for-profit organization for which a receipt is issued which is recognized by Canada Revenue Agency as acceptable for tax purposes.

Examples of approved educational programs include courses offered through: A community college or university A board of education A private vocational school certified by Human Resources

and Skills Development Canada It can also refer to a workshop/seminar or a self-development,

general knowledge or job search type of course.

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Recall (Article 20.6)

If laid off, and has not received termination payments, a person is entitled to: Assignment to a posted position that becomes vacant within

24 months after layoff IF: Same classification and same ministry of surplus position Qualified to perform the required duties Most senior employee who has applied

Employees have to identify the position and submit their application (EP) to applyTDA@ontario.ca Must be done before the Job Ad closing date of the

competition If direct assigned, employee must accept the recall in writing

within 7 days of receipt of notice and shall report for duty within 2 weeks (or such other date specified in the notice)

Employees will lose recall rights if they do not accept an assignment, or fail to report for duty, or after 24 months from layoff date

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Additional Resources and Information OPSEU Collective Agreement:

Article 20 (Employment Stability) Appendix 9 (Pension and Enhanced Severance) Articles 53 and 78 (termination payments)

Employee Portfolio & Guide for OPSEU Staff (NOTE: This is a NEW form) On the MyOPS homepage, select The Organization> HR

Ontario. Then select Employment Transition under the “Employment” heading. Then select “EP for OPSEU” from the Employment Transition Program page.

The designated HR contact is a key resource, as identified in the notice of layoff letter

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QUESTIONS?

Question & Answer Period