28.01

Where employees will be impacted by reorganization, downsizing and/or relocation, the affected employees will be given as much notice as possible of the changes that will be occurring and the probable impact on staff.

Such information will be provided to the Association with as much advance notice as is practicable, and in any event, in accordance with the OPS Confidential Disclosure to Bargaining Agents Directive, as amended from time to time, prior to the issuance of the surplus notice.

The Employer agrees to meet with the Association upon request to discuss the manner in which the reduction is to be effected and to explore measures to mitigate layoffs.

28.02

Where less than the full complement of positions within an administrative unit or other such work unit are being declared surplus, the employees in the administrative unit or other such work unit will be offered the opportunity to:

(a) volunteer their positions for surplus status in accordance with Article 30 (Voluntary Exit Option) and exit the OPS with pay-in-lieu of notice under Article 29 (Surplus Entitlements), and

(b) to propose work arrangements (such as unpaid leaves, job-sharing, regular part-time)

which may reduce or eliminate the need to issue layoff notices. The employees will have five (5) days from the point the opportunity is offered to either volunteer or propose alternate work arrangements.

If more employees volunteer for surplus status than the number of positions to be reduced, the manager should advise the employees and determine if any employee(s) chooses to withdraw their request. If not, management will choose the most senior volunteer (as defined by Article 34 – Seniority), subject to ensuring that organizational requirements are met.

The work unit will be defined as broadly as possible, as determined by the Employer, and may include all positions at the same classification located within forty (40) kilometers of the location from which the positions will be eliminated.

28.03

Where a layoff may occur, the identification of individual(s) to be declared surplus within an administrative unit or other such work unit shall be in accordance with unbroken seniority in part of the public service appointed under Part III of the Public Service of Ontario Act, 2006, and/or amalgamated police service, that the Employer has determined is to be reduced or eliminated.

28.04

The surplus notice provided to the employee must include the following information:

(a) The date when the notice period begins;

(b) The length of the notice period;

(c) The layoff date;

(d) Authority for the release (Public Service of Ontario Act, 2006, section 39); and

(e) The employee’s specific exit, OPS pension or redeployment options.

Within five (5) working days of receiving the surplus notice, the employee must advise their manager, in writing, of which one (1) of the entitlements under 28.04(e) they will select. If no option is chosen, the surplus employee will be deemed to have selected Redeployment.

28.05

Where the surplus employee opts for (or is deemed to have chosen) redeployment, they may be considered for direct assignment to permanent OPPA civilian bargaining unit vacancies during the notice period provided:

(a) They are qualified to perform the work at the entry level without training; for specialized positions, however, the employee must be fully qualified to perform the work;

(b) The vacancy has a maximum salary of not more than five percent (5%) above or fifteen percent (15%) (or as modified by the employee) below:

(i) the maximum salary of the employee’s surplus position, OR

(ii) the maximum salary of the employee’s current temporary assignment, if the employee has been performing work other than their surplus position for at least two (2) years and when the maximum salary of the current temporary assignment exceeds the maximum of the employee’s surplus position; and

(c) The vacancy is within forty (40) kilometers of the employee’s headquarters unless a broader area-of-search has been specified by the employee.

28.06

Surplus employees may lower the matching limit below fifteen percent (15%), by five percent (5%) increments, with no lower limit. Where different geographic parameters are chosen, relocation expenses will not be paid as a result of a direct assignment.

28.07

Where a surplus employee notifies the Human Resources Branch or Human Resources Bureau in writing of modified salary and/or geographic parameters for matching purposes, the changes will be implemented within five (5) days of receipt of the notice from the employee.

28.08

If an employee is assigned permanently to a vacancy or position with a lower maximum salary than their surplus position, the employee’s higher salary will be protected for the balance of the original six (6)-month notice period. Thereafter, the employee will be placed into the salary range of the position to which they were assigned at the rate that is closest to, but not greater than, their previous position. In no case, however, shall their salary exceed the maximum of the position to which they were assigned.

28.09

Where the employee whose salary has been changed pursuant to Article 28.08 identifies a posted vacancy in the bargaining unit at the classification level from which they were surplussed, the employee may be placed into the position provided:

(a) The vacancy arises within two (2) years of the date the employee received their surplus notice;

(b) The employee identifies the vacancy prior to the vacancy’s closing date;

(c) The employee is fully qualified for the position without training; and

(d) No relocation expenses will be paid.

Placements into vacancies under other parts of this Collective Agreement shall have precedence over placements under Article 28.09.

28.10

When a surplus employee refuses:

(a) To attend an interview for a direct assignment to a permanent vacancy, or

(b) A job offer to permanent positions within chosen salary and geographic parameters,

They will waive any further surplus entitlements except legislated severance payments under Article 31 (Termination Payment).

28.11

A surplus employee who has not been redeployed by the end of their notice period will be laid off with the following entitlements:

(a) Termination payments under Article 31 (Termination Payment);

(b) An enhanced severance payment as provided under Article 29.02 (Surplus Entitlements); and

(c) The right to apply to restricted competitions for a period of 24 months from their date of layoff, provided the employee falls within the posted area-of-search parameters.

Recall

28.12

A laid off employee, for twenty-four (24) months after release, is eligible to be directly assigned to permanent vacancies in the OPPA Civilian bargaining unit, secondary to surplus employees, provided:

(a) They possess the qualifications to perform the work at the entry level; for specialized positions, however, they must be fully qualified to do the duties of the job; and

(b) The vacancy is within chosen geographic and salary parameters.

28.13

A laid off employee, for twenty-four (24) months after release:

(a) Must receive notification from the Ministry of all cleared vacancies that will not appear in OPS-wide posting systems;

(b) Is eligible to apply to all restricted competitions in the OPS provided they are within the posted area-of-search;

(c) Is not entitled to salary protection or relocation expenses upon direct assignment; and

(d) Waives all further recall entitlements upon refusing a direct assignment interview or direct assignment offer.

Download Full Collective Agreement PDF