Transcript Article 20 - OPSEU Local 532

OPS
ARTICLE 20 &
REDEPLOYMENT
What is the purpose of this exercise?


The purpose of this PowerPoint is to provide you
with a quick reference that will enable you to assist
members to understand and enforce their
redeployment rights in the Ontario Public Service.
The materials will include relevant Collective
Agreement (CA) provisions and interpretive
materials that are available at this time. The
Explanatory Notes (ENs) were agreed to at the joint
OPS redeployment steering committee, JESS.
However, as each EN disclaimer sets out, the ENs
may not be relied upon at a hearing about the
application of the CA.
Purpose of this exercise cont’d

The parties continue to work towards creating
more ENs. In the interim the workshop materials
include the employer prepared Interpretive
Bulletins (IBs) for Recruitment and Conversion.
The IBs include interpretive material that OPSEU
has not agreed to.
What are the objectives:

The Employer’s 2010 mandate is reduce the
Ontario Public Service by 5% (3,400) by
March 2012, plus a 1,500 reduction target for
2012-2014. This material will help you better
understand the range of rights and options
available to the members who are facing
decisions about;
exiting
versus taking redeployment options
choosing amongst redeployment options
Member Employment Stability Tips
1.
Complete & have an Employee Portfolio (EP)
and attachments available and ready. The EP
can be revised and updated at any time once
submitted.
2.
Know your Stewards, Local President and Staff
Representative, they will be able to assist in
finding potential regular or temporary
assignments.
3.
Stewards should know your MERC Team
members for your ministry.
Employment Stability Tips
4.
Pre-Notice Period - Article 20.1 - Employer (ER)
will provide a 10 working day pre-notice in advance
of providing official written notice of lay-off in order
to allow members to elect one of three options.
Members must return the provided form to let the
ER know if they wish to take PIL (pay in lieu),
Redeploy or Retire (possibly with a Pension Bridge
option). If a member does not respond during this
period, (s)he will be deemed to have opted for
redeployment. Surplussing does not negate an
already existing pension option.
Employment Stability Tips
5.
Exiting the OPS–If a member wants to exit
with a pension option, the onus is on the
member to contact the OPSEU Pension Trust
to confirm eligibility. Email: www.optrust.com
or 1-800-906-7738. Let the OPT know it is
the 10 day pre-notice period and it will
expedite the request. Members eligible for
an unreduced pension are not eligible for
Enhanced Severance under Appendix 9 –
unless they are bridging to a pension.
Employment Stability Tips
5.
Exiting the OPS PIL-Article 20.2 will only be
granted where a ministry determines that operational
requirements permit a member to exit from the
workplace prior to the expiration of the six months
notice. Members are entitled to:
1.
2.
Pay for the six months notice period (prorated).
Legislated Severance (Article 53/78) is one
week for every year of continuous service up to
26 weeks.
Enhanced Severance (Appendix 9, Para 4) one
week for every completed year of continuous
service – no max.
3.
Employment Stability Tips
5.
Exiting the OPS-PIL-Article 20.2 (can be
requested at any point during the 6 months, if no
position offered)
4.
5.
Right to apply to restricted competitions for
24 months (Article 20.2.3) from date of
original lay-off. If reemployed, Appendix 9
severance and balance of PIL must be paid
back before the first day of re-employment
(Article 53/78 repayment is optional).
Any member who takes PIL will forfeit all
other redeployment rights including Factor
80 and tuition.
Employment Stability Tips
5.
Exiting the OPS-Pension Bridging–Eligibility
(Appendix 9)
1.
Also applies to RPT and Flexible Part Time (FPT)
employees who have received lay-off notice before
Dec 31, 2012.
2.
Member can bridge to a unreduced pension by using
their 6 months notice period, Article 53/78
severance period and a further unpaid leave of up to
two years. If a bridge is needed, the enhanced
severance of Appendix 9, para 4 will be paid out at
the end, less deductions to maintain benefits during
this unpaid bridge.
3.
Member waives the right to all redeployment rights
including Direct Assignment and Displacement
(bumping).
Employment Stability Tips
5.
Exiting the OPS - Voluntary Exit Option (VEOArticle 20.7)–if a member offers to be declared
surplus, their position, once approved by the
employer, will be considered a vacancy for
redeployment. If the member is eligible for an
unreduced pension or Appendix 9 bridge, they are
not eligible to VEO. The member will be declared
surplus once there is a match to their position.
1.
2.
Members will then receive the entitlements as
per Article 20.1 (PIL, Enhanced Severance,
Termination pay).
Apply for restricted job competitions for 24
months.
Employment Stability Tips
6.
Redeployment - Article 20.3 - if a member chooses
to redeploy, enlist the help of your Local President and
Staff Representative. Apply for all jobs you are
interested in and bring them to the attention of the EMC.
Ask for explanation if you are deemed not to be an
Article 20 match. The career portal website is
http://www.gojob.gov.on.ca/Alljobs.aspx
1.
Both redeployment (Article 20.3) and displacement
(Article 20.4) are based on the best available match
on that date and given qualifications. The search for
the direct assignments is 5% above and 15% below
the classification and within the specified geographic
parameters.
Article 20.3 Redeployment Cont’d
6.
Redeployment-Article 20.3 Cont’d
2.
Order of Consideration – based on continuous
service date
1. Direct assignment into a VEO registered position
within 40 km.
2. Direct assignment into a vacancy within 40 km.
3. Direct assignment into a position available
through the VEO outside the 40 km, if
requested.
4. Direct assignment into a vacancy outside the 40
km.
Employment Stability Tips
7.
Displacement - Article 20.4 - occurs five (5) months
after the receipt of the notice of lay-off. A member must
be qualified, without training, to perform the work of
the position identified.
1.
A member has one week after the Displacement Notice
Letter is received to indicate in writing their desire to
displace.
2.
The displacement can be refused without prejudice to
accessing a factor 80 pension.
3.
When failing to match to a displacement position, a
separate grievance must be filed for each position the
member was not matched to.
Employment Stability Tips
8.
Temporary Assignment-Article 20.8 - in the last
two months of the notice period the EMC should begin
to look for a short term vacancy to which the member
may be assigned pending ongoing search for a
redeployment assignment. This temporary
assignment postpones the original lay-off date but the
Article 20.3 assignment search only continues for the
balance of the original 6 months. A Temporary
Assignment can be offered at any time, but if offered
within the last two months of your surplus notice, a
refusal would mean another temporary assignment
will not be offered.
Employment Stability Tips
8.
Temporary Assignment-Article 20.8 Cont’d
To be eligible you;
1.
Must be qualified to perform the required duties.
2.
Must be in the same ministry and must be 5%
above and 15% below your maximum weekly
rate and be the most senior member.
3.
Are eligible to access Surplus Factor 80 if you
reach the end of your notice period while in a
temporary assignment.
Employment Stability Tips
9.
Conditional Assignment-Article 20.12–in the
last month of the notice period a surplus member
can be assigned to vacant position where (s)he
requires training to become qualified for that
position.
1.
It is expected that training will result in direct
assignment to the position.
2.
A Conditional Assignment vacancy is within the
range of classifications whose maximum weekly
rate is 5% above or 15% below the member
own classification.
Surplus Factor 80
Factor 80 (Appendix 17)
1.
Regular, Regular Part Time (RPT) and Flexible
Part Time (FPT) can access Factor 80, once the
employer has exhausted all Article 20.3 job
matching possibilities and the member has not
elected to have a displacement search beyond 40
km. The pension credit must totaly at least 80
years on or before December 31, 2012.
2.
Members may bridge to Factor 80 so long as
they obtain their Factor 80 date by December 31,
2012.
Article 20-Employment Stability Process
10 working
days
Employee Decision
- exit OPS (resign) PIL
(Mutual)
- stay (redeployment)
- Pension Option (60/20)
Factor 90
Pre-notice
Months 1-6
This chart is not intended as a substitute for the language of the Collective Agreement.
Reliance should only be placed on the actual text of the Collective Agreement
20.3
Search for Direct
Assignment
(MGS)
No match in
first 5 months
Match identified
in first 6 months
Employee
assigned
to vacancy
Months 4-6
20.4
Displacement
identified
(Handled by
Refusal results
MGS)
Exits,access 24
mths restricted
job comps
Formal
Notice
Employee Stays
20.12
- Continue search for Direct
Assignment (MGS)
- Begin search for Conditional
Assignment 6th month (MGS)
Conditional
or Direct
Assignment
identified
Conditional/Direct
Assignment not
available within
expressed
geographic
parameters
Employee
assigned to
vacancy
Art. 20.3 search
Continues
Months 5-6
-Begin search for Temp
Assignment 6th month
(ministry only)
- concurrent with searches for
direct and conditional
assignments
Temp
Assignment
Identified
Conditional
Assignment
as identified
20.4
No
Displacement
identified
If conditional assignment is
unsuccessful and no direct
assignment by the end of the
temp assignment
In Resignation
Employee
accepts
Employee
declines
Displacement
Displacement
Within 40 km effective immediately
Outside 40 km end of notice
20.8
Continue search for
Direct Assignment
(MGS)
-search for temp assignment
beginning month 5
Direct
Assignment
Identified
If
NO
If yes assigned to vacancy
Laid Off
Access to
Factor 80
If eligible
Access
To
24 mth
Recall if
defer
Severance