38.01

When a vacancy occurs in the Regular service for a bargaining unit position or a new regular position in that part of the public service is created in the bargaining unit, it shall be advertised for at least ten (10) working days prior to the established closing date. Where practicable, notices of vacancies shall be posted either electronically or on bulletin boards and, upon request, shall be provided in large-sized print or Braille where the posting location has the capacity to do so.

38.02

Notwithstanding Article 38.01 above, the Employer may hire qualified candidates who previously applied for a similar vacancy or new position in the same classification at the worksite from which the vacancy originates provided that a competition was held during the previous twelve (12) months. The Employer may utilize this provision to fill a vacancy or vacancies at the worksite(s) from which the vacancy or vacancies originate, regardless of the worksite of the applicant. The Employer in these circumstances is not required to post or advertise the vacancy or new position. The Employer will notify the Association prior to Article 38.02 being invoked.

38.03

Where the employee’s position is being changed either from full-time to regular part-time or vice versa, with the employee’s consent, the Employer may assign them to the position on a permanent basis and Article 38 (Posting and Filling of Vacancies or New Positions) shall not apply. Where the employee does not consent, the employee will be given surplus entitlements under Article 29 (Surplus Entitlements) in this Collective Agreement.

38.04

Where there is a known and documented, scarcity of a set of qualifications for a position the provisions of Article 38 (Posting and Filling of Vacancies or New Positions) shall not apply. The Employer shall consult with the Association prior to Article 38.04 being invoked.

38.05

The notice of vacancy shall state, where applicable, the nature and title of position, salary, qualifications required, and the hours of work schedule as set out in Hours of Work schedule. Where a position is posted within the part of the public service composed of employees appointed under Part III of the Public Service of Ontario Act, 2006, the internal notice of vacancy shall also state the work location where the position currently exists, that the position is represented by the Association and the particular bargaining unit which contains the position.

38.06

In filling a vacancy, the Employer shall give primary consideration to qualifications and ability to perform the required duties.

(a) Where the qualifications and ability are relatively equal between an OPPA civilian bargaining unit applicant and a non-OPPA civilian bargaining unit applicant, preference will be given to the OPPA civilian bargaining unit applicant.

(b) Where the qualifications and ability are relatively equal among internal candidates, seniority shall be the deciding factor.

38.07

An applicant who is invited to attend an interview within the part of the public service composed of employees appointed under Part III of the Public Service of Ontario Act, 2006, shall be granted time off with no loss of pay and with no loss of credits to attend the interview, provided that the time off does not unduly interfere with operating requirements.

38.08

Relocation expenses shall be paid in accordance with the provisions of the Relocation Expenses Directive.

Notwithstanding that a position is advertised with a restricted area of search, any employee who resides outside the identified area of search may apply for the position. If they apply, they will be deemed to have waived entitlement to any relocation or travel expenses (pursuant to Article 38.08) as a condition of gaining access to the competition process. For greater certainty, no claim can be made for any expenses incurred during the competition process or arising from the decision to hire the employee into the position. It is understood that the Employer does not have discretion to grant any entitlement that has been waived pursuant to this provision.

38.09

i) With the agreement of the Association, the employee and the Employer, an employee may be assigned to a vacancy of an identical position, including a position with different hours of work, and the provisions of Articles 38.01 to 38.08 inclusive shall not apply. For clarity, a full-time regular employee may be assigned to an identical regular part-time position.

ii) Article 38.01 to 38.08 inclusive shall not apply to the transfer of an employee to a vacancy where:

a. The employee requests the transfer,

b. The vacancy is substantially similar to the employee’s current position,

c. The vacancy is within the same salary range as the employee’s current position,

d. The Employer deems the employee to be working level qualified, and

e. The employee, Employer and the Association agree to transfer.

Where agreement cannot be reached, the request for transfer is deemed withdrawn.

iii) Effective May 6, 2019, Article 38.01 to 38.08 inclusive shall not apply to the transfer of an employee to a vacancy where:

a. The employee requests the transfer,

b. The vacancy is similar to the employee’s current position,

c. The vacancy is at a lower salary range than the employee’s current position, as described in the salary schedule,

d. The Employer deems the employee to be working level qualified, and

e. The employee, Employer and the Association agree to the transfer.

Where agreement is reached, an employee who transfers to a position with a lower salary range as described in the salary schedule, shall be paid at the rate of pay closest to but less than the rate of pay they were receiving at the time of transfer, effective from the date of their transfer to the position with a lower salary range and shall be entitled to any applicable increase to the rate of pay for the lower salary range position in accordance with the Collective Agreement. For clarity, should an employee transfer to a position with a lower salary range in accordance with the provisions of this clause, the employee’s rate of pay shall not exceed the maximum rate of pay for the lower salary position into which the employee is transferring as described in the Collective Agreement.

Where agreement cannot be reached, the request for transfer is deemed withdrawn.

38.10

The assignment of an employee to a vacancy in accordance with Article 5 (Pay Administration), Article 13.07 (Special/Compassionate Leave), Article13.05 (Pregnancy Leave) and Article 13.06 (Parental Leave) shall have priority over any assignment.

38.11

Where the duties of a position are modified to accommodate an employee with a disability, the position shall not be considered a vacancy for the purposes of this Article.

Download Full Collective Agreement PDF