Guarantee of a reasonable job offer – surplus employees

If your services will no longer be required beyond a specific date and the Chief Executive Officer (CEO) 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 priority 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 public service (Definitions section),

  • will normally be at the same level, but could be for a lower level (Definitions),

  • should be within your normal workplace but this may not always be possible (Definitions),

  • could be for a position with a government department or another agency if the position is equivalent and there is a seamless transfer of employee benefits (Definitions).

For employees who are work force adjusted because of Alternate Service delivery (Part VII) the meaning of a Reasonable Job Offer is different. It only applies in the case of a Type 1 or Type 2 transitional arrangement, but not a Type 3.  In these instances a reasonable job offer must be consistent with the criteria laid out in Part VII (7.1 & 7.2.2)

Parks Canada is responsible to market you and to facilitate your employment (1.1.35) 
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). (Definitions)

Parks Canada 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 (1.1.14). 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, Parks Canada must relocate you (1.1.16) and pay associated costs, such as travel for job interviews (1.1.18). Relocation must be voluntary (1.1.17) and can only take place when there are no available priority, surplus or laid off persons at that location who are interested in and could qualified for the position (1.1.17). Relocations in this case are considered employer-requested (1.1.19) as defined in the Integrated Relocation Program Policy. 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 (1.1.24). If you accept a term position, your indeterminate status and surplus priority status 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 Parks Canada during retrainingand be paid at your current level (4.2.4).  

The proposed lay-off date will be extended to the projected completion of the training period (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 (1.1.28).

A surplus employee can also make a written request to the CEO for an accelerated lay-off, or to be laid off earlier than originally scheduled (1.1.26). 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 (1.1.32).

Severance pay and other benefits flowing from other parts of the collective agreement are separate from and in addition to those in the WFAA (1.1.31).

The Agency is required to provide you with an individual counselor to help you assess your situation (1.1.29, see Getting help info 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 (6.2.2).

Additionally employees who have a guarantee of a reasonable job offer do not have access to the choices available to opting employees (6.1.1).

An opting employee who chooses the 12 month surplus priority option [6.3.1(a)] has no right to alternation (6.2.3)

 

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September 18, 2013
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