OPS ARTICLE 20 & REDEPLOYMENT

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.


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.


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.Pay for the six months notice period (pro-rated).

2.Legislated Severance (Article 53/78) is one week for every year of continuous service

up to 26 weeks.

3.Enhanced Severance (Appendix 9, Para 4) one week for every completed year of continuous service – no max.


5.Exiting the OPS-PIL-Article 20.2 (can be requested at any point during the 6 months, if

no position offered)

4.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).

5.Any member who takes PIL will forfeit all other redeployment rights including

Factor 80 and tuition.


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).


5. Exiting the OPS - Voluntary Exit Option (VEO-Article 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. Members will then receive the entitlements as per Article 20.1 (PIL, Enhanced Severance, Termination pay).

2. Apply for restricted job competitions for 24 months.


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 date1. 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.


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.


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.


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.


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

Pre-notice

Employee Decision- exit OPS (resign) PIL

(Mutual)- stay (redeployment)- Pension Option (60/20)

Factor 90

Exits,access 24 mths restricted

job comps

Employee Stays

FormalNotice

Match identified in first 6 months

No match in first 5 months

Laid Off

Conditional or Direct

Assignment identified

10 working days

20.3Search for Direct

Assignment(MGS)

Employee assigned

to vacancy

20.12- Continue search for Direct

Assignment (MGS)- Begin search for Conditional

Assignment 6th month (MGS)

20.4No

Displacementidentified

20.4Displacement

identified(Handled by

MGS)

Employee accepts

Displacement

Employee declines

Displacement

Months 1-6 Months 4-6

20.8Continue search forDirect Assignment

(MGS)-search for temp assignment

beginning month 5

Direct Assignment

Identified

-Begin search for Temp Assignment 6th month (ministry only)

- concurrent with searches for direct and conditional assignments

Months 5-6

Temp Assignment

Identified

If NO

Employee assigned to

vacancy

Conditional/Direct Assignment not available within

expressed geographic parameters

ConditionalAssignmentas identified

If conditional assignment is unsuccessful and no direct

assignment by the end of the temp assignment

If yes assigned to vacancy

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

Access to Factor 80If eligible

Art. 20.3 search Continues

Access To

24 mthRecall if

defer Severance

Refusal resultsIn Resignation

Within 40 km effective immediatelyOutside 40 km end of notice

Documents

OPS ARTICLE 20 & REDEPLOYMENT