December 1, 2001
The Executive Committee of the National Joint Council (NJC) is pleased to announce that it recently accepted the report of the Work Force Adjustment Committee in regard to the Cyclical Review of the Directive
The Employer and Bargaining Agents, under the auspices of the NJC, have considered several proposals from both representatives.
The revised Directive applies to represented employees of the public service who list the National Joint Council Directive in their collective agreements and for which Treasury Board is the employer.
- Association of Public Service Financial Administrators
- Canadian Air Traffic Controllers Association
- Canadian Association of Professional Radio Operators
- Canadian Federal Pilots Association
- Canadian Merchant Service Guild
- Canadian Military Colleges Faculty Association
- Canadian Union of Professional and Technical Employees
- Council of Graphic Arts Union of the Public Service of Canada
- Federal Dockyard Chargehands Association
- Federal Government Dockyards Trade & Labour Council (East)
- International Brotherhood of Electrical Workers
- Professional Association of Foreign Service Officers
- Social Science Employees Association
Implementation date
The revised Directive is effective on December 6, 2001.
Highlights
The main changes are:
- An extension of the "opting period "for employees not in receipt of a guarantee of a reasonable job offer from 90 to 120 days.
- The increase from $7,000 to $8,000 for an Educational Allowance.
- The financial planning assistance has been extended to all opting employees and increased from $385 to $400.
- The definition of a Reasonable job offer in order to include job offers from PSSRA Part II employers.
For more details, you will find attached a document called Impact of changes in which all the changes to the Directive are clearly identified.
The NJC Executive Committee wishes to thank all members of the WFA Committee for their efforts and commitment in this important review.
Enquiries
For more information on the changes to the Directive please visit the NJC website (www.njc-cnm.gc.ca), and the Treasury Board of Canada Secretariat website (http://www.tbs-sct.gc.ca). A series of Questions and Answers for clarification is available.
All your questions should be addressed to departmental personnel. Designated departmental officials may contact:
Transition and Work-Life policies group
Treasury Board Secretariat
Telephone: (613) 957-2672
Fax: (613) 957-8289
IMPACT OF CHANGES
Roles and responsibilities
- In clause 1.1.33 language has been added to indicate that the provisions in clause 1.3.3 shall continue to apply, ensuring that the PSC shall actively market surplus employees and laid-off persons to all departments unless the individuals have advised the PSC in writing that they are not available for appointment.
Official notification
Relocation of a work unit
Retraining
Definition of a Reasonable Job Offer
The Committee revised the definition of a Reasonable job offer (RJO) in order to include job offers from PSSRA Part II employers, providing that:
- The appointment is at a rate of pay and an attainable salary maximum not less than the employee's current salary and attainable maximum that would be in effect on the date of offer.
- It is a seamless transfer of all employee benefits including a recognition of years of service for the definition of continuous employment and accrual of benefits, including the transfer of sick leave credits, severance pay and accumulated vacation leave credits.
In parallel to the changes brought forward, the committee agreed to a memorandum of understanding by which the employer agrees to consult the signatory parties to the NJC/WFA on the review of the policy on long-term Specified Period Employment.
- Clause 4.1.3 has been simplified to remove the requirements for Department to submit a retraining plan to TBS and PSC, subject to the provisions of 4.1.2.
- A new clause 4.2.7 has been added which gives to an employee who is guaranteed a reasonable job offer the training to prepare for an appointment to a position, subject to the employee's willingness to relocate. The training will be for one year or until the date of appointment to another position. Appointment to this position is subject to successful completion of the training.
- In clause 4.3.1, a laid off person eligible for retraining does not require the approval of the PSC.
- In clause 3.1.2 language has been added to indicate that when the employee does not wish to relocate, the Deputy Head will consider relevant factors before a decision is made to provide the employee with a guarantee of a reasonable job offer or access to the options set out in section 6.3 of the Directive.
- In clause 2.1.1, language has been added to reiterate the department's requirement to "advise and consult" with the bargaining agent in work force adjustment situations.
- In clause 1.1.6, when an employee is advised by letter that a workforce adjustment situation will affect them, a copy of the letter must be sent to the Public Service Commission "forthwith", so as to ensure the PSC may fulfill its responsibilities under the Directive expeditiously.
Options for employees
- An increase of the "opting period" for employees not in receipt of a guarantee of a reasonable job offer. Previously, these employees had 90 days to choose between three options: surplus priority period of 12 months, Transition Support Measure (TSM), or Educational Allowance. The opting period will now be 120 days. If the employee decides early in the opting period, the unused portion of the 120 days will be added to the 12-month surplus priority period.
- In clause 6.1.1, language has been added to indicate that a Deputy Head who cannot provide a guarantee of a reasonable job offer shall provide his or her reasons in writing, if requested by the employee.
- In clause 6.3.6, the amount available for financial planning has been extended to all opting employees and increased from $385 to $400.
- In clause 6.3.1 (c) an increase of $1,000 has been allotted to the Education Allowance (from $7,000 to $8,000). In addition, a new clause 6.3.8 has been added, which relieves employees returning to federal government employment from having to repay the tuition and books expenses and mandatory equipment portion of the Educational Allowance in situations where a reimbursement of tuition and related costs cannot be obtained.
- Due to an Employer side inquiry within the central pay and Departments' pay administration bureau, it was discovered that reimbursement of payments received under the WFAD is being administrated differently from one Department to the other. In order to clarify and harmonize the treatment of such reimbursements, the Committee requested that the Central Pay bureau send a "Bulletin" to all Departments' pay administration offices.