PSAC proposals on workforce adjustment

In Defense of Quality Public Services

1. All official notices of a workforce adjustment situation to the union shall include a statement of:

  • the program or services that will be affected
  • the impact of the proposed workforce adjustment on services to the public or internal services
  • if the program or service will continue to be delivered, how the department intends to do so.

Service Improvement Committee

2. Departments and unions will create and participate in a Service Improvement Committee. The purpose of the Service Improvement Committee is to discuss all elements of work in the department as it relates to the provision of public and government services, job loss and overwork. The union will introduce several leading Public Services for immediate discussion at the Service Improvement Committee.

Joint Work Force Adjustment Committees

3. Amend 1.1.3 to provide for the establishment of joint union-management workforce adjustment committees in each department, and or the establishment of regional or local joint WFA committees for larger departments.

4. Provide for the establishment of a TBS-PSAC national joint workforce adjustment committee to manage the workforce adjustment process across the public service.

Standardize and strengthen notification and reporting provisions

5. Amend the official notification from “name and work location” to “name, position number, employee identification number, work location, municipality, group and level, the expected date and time when employees will be notified, and the anticipated timing of the actual workforce adjustment situation.”

6. Expand official notification to include one month of advance notice to the union when an employee is declared opting, and one month in advance of when an employee is to be laid off.

7. Add language to provide for minimum quarterly departmental reporting to joint WFA committees as to the status of any employee affected (affected, opting, surplus, laid-off) under WFA.

8. The employer will present the union with a vacancy management report at all Workforce Adjustment Committee meetings on no less than on a “quarterly” basis.

9. Add language to provide for quarterly system wide (Treasury Board and Agencies) written reports to the PSAC on the number of employees affected (affected, opting, surplus, laid-off) under WFAA.

Voluntary programs

10.  Departments shall establish voluntary departure programs for all workforce adjustment situations involving five or more employees working at the same group and level. Such programs shall:

  1. Be the subject of meaningful consultation through the joint union-management WFA committee.
  2. Specify in advance how many positions and which position numbers are intended for elimination by group and level.
  3. Take place after affected letters have been delivered to employees.
  4. Take place before the department engages in a SERLO process.
  5. Provide for a minimum of 30 calendar days for employees to decide whether they wish to participate.
  6. Allow employees to select options B, Ci or Cii.
  7. Provide that when the number of volunteers is larger than the required number of positions to be eliminated, volunteers will be selected based on seniority (total years of service in the public service, whether continuous or discontinuous).

Alternation Program

11. Amend the alternation provisions to allow 12-month surplus employees to alternate at any point during their one-year surplus period.

12. Alternations shall be approved provisionally to allow for completion of administrative requirements including security clearances. The date that the alternation actually takes place will be fixed in consultation between the opting employee, the alternate and their respective managers.

13. Amend the WFAA to give the Public Service Commission (PSC) responsibility for administering the alternation system service-wide.

14. Amend the language to provide for alternations to be approved where retraining will allow for the retention of the skills required to meet the ongoing needs of the position (6.2.4) and for the opting employee to meet the requirements of the position (6.2.6).

SERLO Processes

15. Employees will be selected for layoff and declared opting in reverse order of seniority (total years of service).

Reasonable job offers and relocation

16.                 

A)        The employer shall make every reasonable effort to provide an employee with a reasonable job offer within a forty (40) kilometres radius of his or her work location at the point of being declared surplus.

B)        In the event that reasonable job offers can be made within a forty (40) kilometres radius to some but not all surplus employees in a given work location, such reasonable job offers shall be made in order of service.

C)        In the event that a reasonable job offer cannot be made within forty (40) kilometres, every reasonable effort shall be made to provide the employee with a reasonable job offer in the province or territory of his or her work location at the point of being declared surplus, prior to making an effort to provide the employee with a reasonable job offer in the public service.

D)        In the event that reasonable job offers can be provided to some but not all surplus employees in a given province or territory, such reasonable job offers shall be made in order of seniority.

E)        An employee who chooses not to accept a reasonable job offer which requires relocation to a work location which is more than sixteen (16) kilometres from his or her work location at the point of being declared surplus, shall have access to the options contained in section 6 of this Appendix.

No Contracting Out

17. Create a new article entitled “No Contracting Out” as follows:

XX.01 There shall be no contracting out or privatization of bargaining unit work, except by explicit mutual agreement in writing between the Union and the Employer.

XX. 02 The employer shall bring all currently sub-contracted bargaining unit work back into the bargaining unit. The parties shall meet within ninety (90) days of ratification to ensure full compliance with this Article.

Note: The above will require consequential amendments to the WFAA.

18. Amend Part VII of the WFAA (Alternative Delivery Initiatives) to provide that only those ADIs which meet the Type 1 criteria shall be considered reasonable job offers. All employees being offered positions under Type 2 and 3 shall have access to the Options contained in Section 6, if they choose not to accept a job offer from the new employer.

19. All transfers of work between the core public service and separate employers shall be treated as transfers of work under Part VII, including transfers taking place under the Public Sector Rearrangement and Transfer of Duties Act.

RJO “may include” higher level positions

20. Amend the definition of reasonable job offer to read “normally at an equivalent level, but which could include lower or higher levels…”

Allowances and salaries

21. Increase the education allowance from $10,000 to $15,000.

22.  In 6.3.1 (c) replace “mandatory” equipment with “relevant” equipment.

23. Increase the “counselling services” provision from $600 to $1,200 and clarify that it includes employees who are opting or who have selected one of Options A, B or C.

24. Amend the 6% rule for alternations so that salary comparisons are made based on the most recent current comparable salaries (e.g. compare two salaries which are for the year 2013 rather than comparing a 2014 to an out-of-date salary). Establish the 6% rule as a definition for “equivalent” positions.

25. TSM shall be based on total years of service, discontinuous or continuous, in the federal public service.

Pension Bridging

26. Any employee whose employment is terminated as a result of workforce adjustment, and who is eligible for an immediate or deferred pension, will be eligible for their pension with no penalty for early retirement.

Training

27. Improve access to language training for affected, opting and surplus employees.

Other

28. The union reserves the right to table any additional, consequential or editorial proposals with respect to the operation and interpretation of the Workforce Adjustment Appendix, during the course of negotiations.

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November 25, 2014
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