Guarantee of a reasonable job offer - surplus employees

If your services will no longer be required beyond a specific date and the President believes there is likely employment available for you in the Agency, you will receive a written notice giving you a guarantee of a reasonable job offer (1.1.6). The notice will also specify when your surplus status begins.

This guarantee means you must receive a reasonable job offer before your status can change. To be reasonable, the offer

  • must be for indeterminate employment within the Agency (Definitions).
  • will normally be at the same level, but could be for a lower level (Definitions).
  • should be within your normal headquarters, but this may not always be possible (Definitions).

CFIA is responsible for cooperating with other employers in an effort to market you and facilitate your employment (1.1.4). While waiting to receive a reasonable job offer, you will remain an Agency employee. You must be both trainable and mobile (Definitions).

Surplus employees are entitled to a surplus priority (to be appointed to Agency positions before other Agency workers without having to compete or be concerned about the appointment being challenged).

CFIA must avoid appointing you to a lower level (where the maximum rate of pay is lower than the maximum rate of your current position) until other avenues are exhausted (1.1.16). If you are appointed to a lower level position, your salary will be protected until you are appointed to an equivalent position (5.1.2).

If necessary, CFIA must relocate you (1.1.18) and pay associated costs, such as travel for job interviews (1.1.19). Relocation can only take place when there are no available priority persons who are qualified or interested, and when there are no available local surplus employees or laid off persons who are interested and could qualify for the position withretraining (1.1.18). Relocations in this case are considered
employer-requested (1.1.20) as defined in the NJC Relocation – IRP Directive. This means you are eligible for specific benefits, such as paid leave and costs for a house- hunting trip in the new location.

Surplus employees are entitled to priority appointment to term and short-term, nonrecurring positions (1.1.23). If you accept a term position, your indeterminate status and surplus priority will be protected (1.1.22).

Surplus employees have the right to receive up to two years retraining, under certain conditions (4.1.3). The conditions which trigger that right include a shortage of qualified candidates, on the condition there are no other available priority persons qualified for the position for which you are retraining (4.2.1). The Agency must prepare a training plan that is agreeable to you (4.2.2). You will remain employed by CFIA during retraining and be paid at your current level (4.2.4). If you are appointed to a lower-level position, your salary will be protected until you are appointed to an equal or higher level position (5.1). The proposed lay-off date will be extended to the end of retraining
(4.2.5). If your performance during training is not satisfactory, the training can be terminated (4.2.3).

If you refuse a reasonable job offer, you will be laid off one month after your refusal, but not before six months after the surplus declaration date (1.1.27).

A surplus employee can also make a written request to the President for an accelerated lay-off, or to be laid off earlier than originally scheduled (1.1.25). You may wish to consider this if you receive a job offer elsewhere.

As well as being appointed to an indeterminate position or being laid off as outlined above, you might also have your surplus status rescinded or you may choose to resign (Definitions). If you resign, you will be considered laid off on the date the employer accepts your resignation for the purposes of severance and retroactive remuneration (1.1.31).

Severance pay and other benefits flowing from other parts of the collective agreement are separate from and in addition to those in the ETP (1.1.32).

The Agency is required to provide you with an individual counsellor to help you assess your situation (1.1.29, see Getting Help fact sheet).

Note that as a surplus employee you do not have access to the choices available to
opting employees (6.1.1). This includes the right to alternation (6.2.3).



September 18, 2013