Work Force Adjustment Appendix

Parks Canada Agency WFAA Info Sheets

Work Force Adjustment Appendix – Parks Canada Agency Agreement

This series of info sheets provides information about the Work Force Adjustment
Appendix (WFAA) negotiated for Parks Canada Agency employees, which forms part of your collective agreement. These info sheets are intended as guidelines and should be
used in conjunction with the WFAA. Specific references to relevant sections of the
WFAA are indicated in brackets.

Note that the WFAA only applies to indeterminate employees. Term employees are not covered by the WFAA.

Note: Bolded words in the text generally refer to a term in the glossary.

Work Force Adjustment Appendix – Parks Canada

General principles for application

The WFAA sets out a number of principles for its application, including:

  • The employer shall maximize employment opportunities for indeterminate employees affected by work force adjustment, primarily through ensuring that, wherever possible, alternative employment opportunities are provided to them.      (Objectives section)

  • It is the responsibility of Parks Canada to ensure employees involved in a work force adjustment situation are treated equitably and given every reasonable opportunity to continue their careers as Agency employees (1.1.1).

  • Parks Canada shall carry out effective human resource planning in order to minimize the impact of work force adjustment situations (1.1.2).

  • Parks Canada shall apply the appendix so as to minimize involuntary lay-offs (1.1.14)

  • Alternative service delivery initiatives will be guided by the principles of fair and reasonable treatment of employees, value for money and affordability and maximization of employment opportunities for employees (preamble to part VII).

Although the Appendix allows Parks Canada to implement lay-offs, these over-riding principles compel your employer to make every reasonable effort to avoid them. As the remaining info sheets outline, these broad principles are supported by detailed, specific procedures designed to minimize lay-offs.

What is a Work Force Adjustment situation?

A work force adjustment situation is one where your employment is jeopardized by:

  • a lack of work (Definitions section),
  • discontinuance of a function (Definitions),
  • the relocation of a work unit (Definitions),
  • the closure of a facility (6.4),
    an alternative service delivery initiative (Definitions) – i.e., the transfer of any work, undertaking or business of the Agency to any body or corporation that is outside the Agency, for example:
    • the devolution to another level of government,
    • a public-private partnerships (P3s), and
    • contracting out and privatization of your work.

In some work force adjustment situations only specific individuals are involved in a work force adjustment, while in other cases the adjustment may involve entire work sections or functions. Situations involving alternate service delivery use specific processes and procedures, which are outlined in the Alternate Service Delivery Initiatives info sheet.

In any work force adjustment situation, Parks Canada must advise the PSAC no less than two working days before the situation is announced (2.1).

This notice must include the identity and location of the work units involved, the expected date of the announcement, the anticipated timing of the situation, the number of employees by group and level, and who will be affected (2.2).

Work Force Adjustment Appendix and you

You will and must be notified in writing by Parks Canada if a work force adjustment situation affects you. Note that the Work Force Adjustment Appendix only applies to indeterminate employees. As a result, term and casual employees may not be officially notified of planned changes.

Written notice will also include your status. If your status changes Parks Canada must advise you in writing.

  1. Affected.  If the Chief Executive Officer (CEO) decides your services may no longer be required, you will be notified in writing that you are affected (Definitions section). Note that this step might be skipped if the CEO decides that your services will no longer be required beyond a specified date. If that's the case, you'll receive written notice under 2, 3 or 4 outlined below. On the other hand, if your services are ultimately identified as necessary, you may not move any farther in the process or your affected status may be rescinded. (See the Affected Employees info sheet)

  2. Guarantee of a reasonable job offer. If the CEO decides your services are no longer required beyond a specific date and there is likely to be employment available for you, you will be given a guarantee of a reasonable job offer (1.1.6). This gives you surplus priority until you receive a reasonable job offer. (See the guarantee of a reasonable job offer info sheet)

  3. No guarantee of a reasonable job offer. If the CEO decides your services are no longer required beyond a specific date and there is no likelihood of employment, you will not be given a guarantee of a reasonable job offer. Instead you will become an opting employee and will be given several options to choose from in order to help you make the transition to other employment (1.1.7). (See the No guarantee of a reasonable job offer info sheet.)

  4. Laid off. Some employees may ultimately be laid off. (See the Laid off employees info sheet.)

Alternate Service Delivery initiatives are addressed in a different manner than other types of work force adjustment. Please see the Alternate Service Delivery (ASD) info sheet for particulars on those situations (Part VII).

Affected Employees

You've received written notice from the Chief Executive Officer (CEO) that your services may no longer be required because of a work force adjustment situation (Definitions section). This means you are an affected employee.

Specific individuals, groups of workers or whole facilities can receive these notices.
It doesn't necessarily mean that your employment will end. This notice gives you a  “heads up” that there might be changes for you down the road.

The Agency is required to provide you with an individual counselor to help you assess your situation (1.1.29 - see Getting help and taking action! info sheet). If you believe it is likely you could ultimately face a lay off, you can take one of the following steps.

  • Request retraining from your employer to assist you in getting a deployment to existing or anticipated vacancies. The Agency is required to make every reasonable effort to provide retraining (4.1.1).

  • Request the CEO to give you surplus status or access to the rights provided to opting employees, if you can demonstrate your duties have already ceased to exist (1.1.9).

  • Do nothing and wait to see what happens if the CEO ultimately decides your services are no longer required (see the Guarantee of a reasonable job offer and No guarantee of a reasonable job offer info sheets).

Guarantee of a reasonable job offer – surplus employees

If your services will no longer be required beyond a specific date and the Chief Executive Officer (CEO) believes there is likely employment available for you in the Agency, you will receive a written notice giving you a guarantee of a reasonable job offer (1.1.6). The notice will also specify when your surplus priority status begins.

This guarantee means you must receive a reasonable job offer before your status can change. To be reasonable, the offer

  • must be for indeterminate employment within the public service (Definitions section),

  • will normally be at the same level, but could be for a lower level (Definitions),

  • should be within your normal workplace but this may not always be possible (Definitions),

  • could be for a position with a government department or another agency if the position is equivalent and there is a seamless transfer of employee benefits (Definitions).

For employees who are work force adjusted because of Alternate Service delivery (Part VII) the meaning of a Reasonable Job Offer is different. It only applies in the case of a Type 1 or Type 2 transitional arrangement, but not a Type 3.  In these instances a reasonable job offer must be consistent with the criteria laid out in Part VII (7.1 & 7.2.2)

Parks Canada is responsible to market you and to facilitate your employment (1.1.35)
You must be both trainable and mobile (Definitions).

Surplus employees are entitled to a surplus priority (to be appointed to Agency positions before other Agency workers without having to compete or be concerned about the appointment being challenged). (Definitions)

Parks Canada must avoid appointing you to a lower level (where the maximum rate of pay is lower than the maximum rate of your current position) until other avenues are exhausted (1.1.14). If you are appointed to a lower level position, your salary will be protected until you are appointed to an equivalent position (5.1.2).

If necessary, Parks Canada must relocate you (1.1.16) and pay associated costs, such as travel for job interviews (1.1.18). Relocation must be voluntary (1.1.17) and can only take place when there are no available priority, surplus or laid off persons at that location who are interested in and could qualified for the position (1.1.17). Relocations in this case are considered employer-requested (1.1.19) as defined in the Integrated Relocation Program Policy. This means you are eligible for specific benefits, such as paid leave and costs for a house-hunting trip in the new location.

Surplus employees are entitled to priority appointment to term and short-term, nonrecurring positions (1.1.24). If you accept a term position, your indeterminate status and surplus priority status will be protected (1.1.22).

Surplus employees have the right to receive up to two years retraining, under certain conditions (4.1.3). The conditions which trigger that right include a shortage of qualified candidates, on the condition there are no other available priority persons qualified for the position for which you are retraining (4.2.1). The Agency must prepare a training plan that is agreeable to you (4.2.2). You will remain employed by Parks Canada during retraining and be paid at your current level (4.2.4).  

The proposed lay-off date will be extended to the projected completion of the training period (4.2.5). If your performance during training is not satisfactory, the training can be terminated (4.2.3).

If you refuse a reasonable job offer, you will be laid off one month after your refusal, but not before six months after the surplus declaration date (1.1.28).

A surplus employee can also make a written request to the CEO for an accelerated lay-off, or to be laid off earlier than originally scheduled (1.1.26). You may wish to consider this if you receive a job offer elsewhere.

As well as being appointed to an indeterminate position or being laid off as outlined above, you might also have your surplus status rescinded or you may choose to resign (Definitions). If you resign, you will be considered laid off on the date the employer accepts your resignation for the purposes of severance and retroactive remuneration (1.1.32).

Severance pay and other benefits flowing from other parts of the collective agreement are separate from and in addition to those in the WFAA (1.1.31).

The Agency is required to provide you with an individual counselor to help you assess your situation (1.1.29, see Getting help info sheet).

Note that as a surplus employee you do not have access to the choices available to opting employees (6.1.1). This includes the right to alternation (6.2.2).

Additionally employees who have a guarantee of a reasonable job offer do not have access to the choices available to opting employees (6.1.1).

An opting employee who chooses the 12 month surplus priority option [6.3.1(a)] has no right to alternation (6.2.3)

No guarantee of a reasonable job offer – opting employees

If your services will no longer be required beyond a specific date and the Chief Executive Officer CEO does not see the likelihood of employment for you in the Agency, you will receive a written notice that you are an opting employee (1.1.5). This means you are not guaranteed a reasonable job offer within the Agency. However, Parks Canada must give you assistance in finding new employment, either inside or outside the Agency.

As an opting employee, you must choose one of three options within 120 days of being advised of your status (6.1.2). Once you have advised the Agency of your choice in writing, you cannot change it (6.1.3). If you don't select or don't select within the 120 days, you will be considered to have selected option (a) (6.1.4).

A. Limited Surplus Status.

With this option, you become a surplus employee with surplus priority status, but only for a 12 month period. This means you get the same rights as a surplus employee for that period, including that you can be appointed to a position for which you are qualified before other Agency employees without having to compete or be concerned about the appointment being challenged (6.3.1a.). (See Guarantee of a reasonable job offer - surplus employees info sheet.) If you chose this option early in the opting period, your surplus period of one year will be extended by up to 120 days (6.3.1.a.i).

Parks Canada must make every reasonable effort to market you within your preferred area of mobility during this period, but if you don't receive a reasonable job offer within that period, you will be laid off.

If you resign, you will be considered involuntarily laid off on the day the employer accepts your resignation in writing for the purposes of severance pay and retroactive remuneration (1.1.32)

If you resign before the 12 months is up, you may be eligible to receive a lump sum payment covering your pay for the remainder of the surplus period, up to a maximum of six months. The payment will only be made if your work can be discontinued (6.3.9). This amount cannot be larger than what you would have received by selecting option (b). If you accept this sum, you lose any priority rights for appointment (6.3.4). You are not eligible for this lump sum payment if you refuse a reasonable job offer during the 12 month period (6.3.10). This amount is at the discretion of management, but shall not be unreasonably denied (6.3.11)

B. Transition Support Measure.

This option gives you a cash payment for a certain number of weeks pay, based on your years of service (6.3.1b.)  Annex B of the WFAA in your collective agreement provides the method for calculating this amount. Note that the maximum number of weeks pay you can receive is 52 weeks.

If you select this option, you must resign, but your resignation will be considered a lay-off when your severance pay is calculated.

The Agency establishes your departure date (6.3.2) and you do not have any priority rights for appointment under this option (6.3.4).

C. Education Allowance.

This option gives you the cash payment of option B, plus up to $10,000 for reimbursement of receipted educational expenses (e.g., tuition, books, mandatory equipment). If you choose this option, you can proceed in one of two ways (6.3.1c.). In either case, the Agency establishes your departure date (6.3.2).

  1. Resign. You will be considered laid off for severance purposes and you will not have any priority rights for appointment (6.3.4).

  2. Go on leave without pay for a maximum of two years, providing your employer with proof of registration at a learning institute. The education allowance can be made in either one or two lump sum payments over the two year period. This allows you to continue your membership in public service benefit plans, including superannuation, although you pay both the employee and employer shares (6.3.1.c.ii). If you do not provide the Agency with proof of your registration within 12 months of the leave beginning, you will be considered to have resigned, although it will be considered a lay-off in terms of severance pay (6.3.5). At the end of the two years leave without pay, unless you have found alternate employment in the Agency, you will be laid off (6.3.1.c.ii).

All opting employees are eligible to receive up to $600 for financial planning advice (6.3.6).

If a reasonable job offer which does not require relocation is made during the 120 day opting period and prior to acceptance of option B or C, you are not eligible for pay in lieu of unfulfilled surplus period (see option A), the transition support measure (option
B), or the education allowance (option C) (6.1.5).

If you receive lump sum payments for any of the above options and you are re-hired within the period covered by the payment, you will have to repay a pro-rated amounted of the money (6.3.7). If you return to Parks Canada prior to the completion of an educational program (under option C) and your tuition and related costs cannot be reimbursed, you do not have to repay the education allowance (6.3.8).

The pay in lieu of unfulfilled surplus period (see option A), the transition support measure (option B), or the education allowance (option C) cannot be combined with any other payment under the WFAA (6.3.3). However, severance pay and other benefits flowing from other clauses in your collective agreement are separate from and in addition to those in the WFAA (1.1.31).

The Agency is required to provide you with an individual counselor to help you assess your situation (1.1.29 - see Getting help and taking action! info sheet).

Alternation

Alternation allows employees to exchange positions with non-affected indeterminate employees who wish to leave the Agency (6.2.1). This system is only available to opting employees, not to surplus or laid off employees. Once an opting employee has chosen an option, they have either resigned, been laid off or have become a surplus employee, thus, the system is also only available during the 120 day opting period.

Indeterminate employees wishing to leave the Agency can express an interest in alternating, but management has final approval of these exchanges (6.2.3). The alternation must result in the permanent elimination of a function or position (6.2.4).

The opting employee must meet the requirements of the alternate position, including language requirements (6.2.5). Unless the employee wishing to leave will not be doing the work of the opting employee for more than five days, this employee must meet the requirements of the surplus position (6.2.5).

Alternation can take place between employees in the same group and level (6.2.6) and it can take place between equivalent positions (maximum rate for higher paid position is no more than six per cent higher than that of the lower position).

The exchange of positions must take place on the same date (6.2.7).

Laid off persons

You can be laid off if:

  • you are not mobile
  • you can't be retrained in two years
  • you request to be laid off
  • you refuse a reasonable job offer (1.1.12)

Surplus and opting employees who resign are also considered laid off, but only for purposes of severance pay (6.3.1, 1.1.32).

You will receive at least one month written notice (1.1.27). If you refuse a reasonable job offer, you cannot be laid off until at least six months after receiving surplus priority (1.1.28). The lay-off notice period is included in the surplus period (Definitions section).

The Agency is required to apply the WFAA in such a way as to keep actual involuntary lay-offs to a minimum (1.1.12).

Once you are laid off, you are no longer an Agency employee. However, you continue to have a lay-off priority for one year (Definitions).  This means that for this one year period you have priority to be appointed to an Agency position for which you are qualified before other Agency workers, without having to compete or be concerned about the appointment being challenged. After the one year elapses, you continue to be a laid off employee, but you no longer have these rights.

As well, during the lay-off priority period, you are eligible for up to two years retraining (4.1.3).  In order to access this retraining, four conditions must be met.

  1. There must be a specific vacant position for which you are being retrained.
  2. You must meet the minimum requirements set out in the relevant Selection Standard for the group.
  3. There are no other persons with a priority who qualify for the position.
  4. The Agency cannot justify not retraining you.

If you are offered a position conditional on successful completion of retraining, you must complete the training and be assessed as qualified to be appointed indeterminately (4.3.2). If you are appointed to a lower level position, your salary will be protected until you are appointed to an equal or higher level position (5.1).

Severance pay and other benefits flowing from other clauses in your collective agreement are separate from and in addition to those in the WFAA (1.1.31).

When the workplace changes

Sometimes it's not individual or groups of workers affected by work force adjustment
situations. Instead, entire workplaces are changed, through:

  • Relocation of work unit(s)
  • Total facility closures
  • Alternative service delivery initiatives (see the info sheet on Alternate Service Delivery Initiatives)

Where there is a relocation all employees whose position will be relocated have the choice of whether to move or be treated under the provisions of the Work Force Adjustment Appendix (WFAA) (3.1.1). You must advise the employer of your decision within six months of receiving written notice of the relocation (3.1.2). If you agree to relocate, it will be treated as an employer-requested relocation, with all the related benefits (see the Integrated Relocation Program Policy – 3.1.3).

If you don't wish to move, the Chief Executive Officer (CEO) will either give you a guarantee of a reasonable job offer or access to the options available to opting employees (3.1.2). In the former case, the Agency can still offer the relocated position to you as your reasonable job offer after spending as much time “as operations permit” looking for something in your preferred location (3.1.4).  If you don't receive a guaranteed reasonable job offer, you become an opting employee (3.1.5).

In some situations, employees will be offered a retention payment, for the employee's agreement to remain until closure of the work unit and to resign on that date (6.4).  This payment is equivalent to six months pay (6.4.5, 6.4.7, 6.4.9). Accepting a retention payment means you agree to leave the Agency with no priority rights (6.4.2). If you are hired by the Agency or a new employer within six months of your resignation, you will have to repay part of the amount you receive (6.4.3, 7.8.2).

In the case of total facility closures, the retention payment shall be offered if jobs such as those held by the employees are in remote areas of the country, retraining and relocation costs are too high and it isn't likely employees can get reasonable alternate local employment (6.4.4).

A retention payment will be made if the work unit is being relocated, you have decided not to go, and the CEO decides it's important the employee stays in the job until the relocation (6.4.7).

Retention payments will also be made to those employees affected by alternative service delivery initiatives where the CEO decides it's important that certain employees stay in their jobs until transfer and those employees have not received a job offer or have refused an offer from the new employer (6.4.9). (See also Alternative Service Delivery Initiatives info sheet. Note that a retention payment may not be combined with any other payment given to those affected by alternative service delivery initiatives.)

Alternate Service Delivery Initiatives

An alternate service delivery (ASD) initiative is the transfer of any work, undertaking or business of the Agency to any body or corporation that is outside the Agency (Definitions section).  Employees affected by this type of work force adjustment are subject to the provisions outlined here only, unless indicated otherwise (7.2.1).

Your PSAC component must be advised of any plans to pursue an ASD initiative at least 180 days before it happens (7.2). The notice must include: the program being considered for ASD, the reason for the ASD and the type of approach anticipated for the initiative. A joint WFA – ASD committee will be created with equal representation from your union and the Agency. It may also include others by mutual agreement. The mandate of this committee is to engage in meaningful consultation on human resource issues related to the ASD in order to provide employees with information that will help them decide whether to accept the job offer (7.2).

There are three types of transitional employment arrangements that can occur as outlined in Table 1 (7.2.2). The profile of the new employment in terms of pay and benefits is outlined for each type.

Offer of employment

If your position will be moving to the new employer, you will receive a written offer of employment, which you can accept or refuse (7.4.1). You must respond within 60 days to a Type 1 or Type 2 offer (7.4.2).  For a Type 3 offer, the Agency can request a response within 30 days (7.4.2).  Type 1 and Type 2 arrangements are considered a reasonable job offer (7.2.3). Type 3 arrangements are not (7.2.4).

There are time limits in place for accepting an offer of employment. If you refuse a Type
1 or Type 2 offer, you will receive a four month notice of termination (7.5.1). If you refuse a Type 3 offer, the CEO may declare you either a surplus employee or an opting employee. In this case, you fall under the non-ASD provisions in the Appendix (7.5.3).

If you accept the job offer from the new employer, your Parks Canada employment will end on the day of transfer or on a day the Agency may chose provided it doesn't break your continuous service between the old and new employer (7.5.4).

Table 1
Comparable Benefits with Three Types of Alternate Service Delivery Initiatives

Issue

Type 1
Full Continuity

Type 2
Substantial Continuity

Type 3
Lesser Continuity

Employment
Rights

Retain continuous employment and
all related rights

May or may not retain continuous
service

Type 3 transfers are to employers with inferior working conditions which fail to meet  the criteria of either Type 1 or Type 2

Remuneration

Same remuneration (salary and supervisory differential)

At least 85% of hourly or annual remuneration ( pay and supervisory differential

Tenure

Guarantee of 2 year minimum employment with new employer

Employment tenure equivalent to that of new employer or guarantee of 2 year minimum employment with new employer

Benefits

Core benefit coverage*

Some level of core benefit coverage*

Pension

Comparable pension **

  • If not comparable, you receive a 3 month lump sum

Comparable pension **

  • if not comparable you receive a 3 month lump sum

Disability

Sick leave carry-over up to Long-term Disability Insurance waiting period***

Short-term disability arrangements of some sort

Vacation

Vacation transfer if new employer accepts, or payout

Vacation transfer if new employer accepts, or payout

Vacation transfer if new employer accepts or payout

Severance

No severance

Severance only if new employer doesn't recognize continuous service

Severance

Offer of employment

Must be written, and
Is considered a Reasonable Job Offer

Must be written, and
Is considered a Reasonable Job Offer

Must be written, but is
Not considered a Reasonable Job Offer

Offer Timing

Must accept the offer within 60 days

Must accept offer within 60 days

Must accept offer within 30 to 60 days (minimum is 30)

Refuse Offer

You get 4 months notice of termination ****

You get 4 months notice of termination ****

You become either a surplus or an opting employee

Accept Offer

If you accept the offer, you simply move to the new employer

If you accept the offer, you receive:

  • 3 months pay on day of transfer
  • 18 months of top-up in exchange for the difference in remuneration
  • if remuneration is less than 80% of current salary you receive an additional six months top-up

If you accept the offer, you receive:

  • 6 months pay on the day of transfer
  • 12 months of top-up for difference in remuneration

The total must not exceed 1 years pay.

Other Payments

A retention payment is possible in some circumstances

A retention payment is possible in some circumstances

A retention payment is possible in some circumstances

Union

Depending on new labour legislation, you may automatically remain a member of the PSAC

You may or may not move to a unionized environment.

You may or may not move to a unionized environment.

*          Core Benefits include health, long-term disability and dental coverage
**        A comparable pension arrangement means that the pension has to be “reasonable”. For example, the new employer is only obliged to contribute 6.5% of payroll, compared to the 12% contributed for public service workers. It is not obliged to offer a defined benefit plan similar to the one offered in the current Public Service Superannuation Act.
***      Short-term disability bridging through recognition of our earned but unused sick leave credits up to a maximum of the new employer's Long-term Disability Insurance waiting period
****    The CEO can extend the notice of termination period for operational reasons, but the extension can't go past the transfer date.

Payments and Allowances

Your position will disappear on the day of transfer to the new employer. If, for any reason, you will not be moving to the new employer and your current employer wants you to stay until the day of transfer, the employer can offer you a retention payment (6.4). This sum, which is equal to six months pay, will not be paid in combination with any other amount under the ASD section of the Work Force Adjustment Appendix (WFAA).

If you accept a Type 2 offer, you will receive two lump sum payments (1. three months pay to be paid on the date of transfer and 2. an 18 month salary top up.) to offset any difference between your current remuneration and the new remuneration (your salary and supervisory differential – 7.7.1). If the hourly or annual salary falls below 80 per cent of your current remuneration, you will receive a further lump to be paid on the day of transfer equivalent to six (6) months top up allowance (7.7.2).

For Type 1 and Type 2 arrangements, if the pension is not comparable, within the meaning of the Statement of Pension Principles (Annex A of the WFAA), you will receive a lump sum payment on the day of transfer of three months pay to offset this difference (7.7.3).

If you accept an offer of employment in a Type 3 arrangement, you will also receive two lump sum payments to offset the difference between your current remuneration and the new remuneration. This sum cannot exceed one year's pay (7.7.4).

If you are re-appointed to the Agency within the period covered by these payments, you will be expected to pay them back on a pro-rated basis (7.8).

Vacation, sick leave and severance

If the new employer will accept vacation credits, you can transfer them. Otherwise, they will be paid out (7.9.1).

If the new employer will accept sick leave credits they will be transferred. If the new employer does not accept them, you will lose any unused sick leave credits.

Severance will not be paid to you by the Agency in Type 1 situations because your employment is considered to be continuous. In Type 2 situations, severance will only be paid by the Agency if the new employer does not recognize your continuous service for severance purposes or provide similar severance entitlements (7.9.2).

In other cases, you will be considered to be involuntarily laid off on the day your employment in the Agency ends for severance purposes (7.9.3).

Parks Canada Agency responsibilities

Parks Canada must:

  • ensure equitable treatment and every reasonable opportunity for you to continue your career in the Agency (1.1.1).

  • provide information to your union about your situation, including your name and work location, and advise and consult PSAC throughout the process (1.1.9).

  • provide you with a copy of the Work Force Adjustment Appendix (WFAA) when you are notified you are subject to a work force adjustment situation (1.1.11).

  • advise you in writing about your status and any change in it (1.1.36, Definitions section).

  • presume you wish to be reappointed unless you indicate otherwise in writing (1.1.15).

  • apply the WFAA to keep lay-offs to a minimum. (1.1.12).

  • establish joint work force adjustment committees, with equal representation
    from the union and employer (1.1.3).

  • review the use of temporary agencies and other non-indeterminate employees, and not renew them if doing so will facilitate the appointment of surplus or laid off persons. (1.1.24).

  • determine whether there will be employment available for you and advise you and the PSAC (1.1.10).

  • provide you with a guarantee of a reasonable job offer where they know or can predict employment in the Agency (1.1.6)

  • establish and modify staffing policies and procedures to maximize the appointment of employees (1.1.33).

  • establish systems to facilitate the redeployment or retraining of Parks Canada employees involved in a work force adjustment (1.1.4).

  • carry out effective human resource planning to minimize the impact of workforce adjustment situations (1.1.2)

  • set up an alternation process within Parks Canada (6.2.).

  • inform and counsel affected and surplus employees as early and completely as possible (1.1.29) including explanations and assistance concerning:

    • how the current WFA situation will effect you
    • the WFAA in general,
    • how the Agency's Priority Administration System works,
    • preparing your resume and preparation for interviews with potential employers
    • your rights and obligations
    • information on benefit, pay and years of service entitlements
    • available alternatives
    • the meaning of a reasonable job offer, surplus priority and the consequences of refusing a reasonable job offer
  • assign a counselor to each opting, surplus and laid off person (1.1.29)

  • ensure that a training plan is prepared and agreed to in writing by you and the responsible managers, if it will facilitate redeployment (1.1.30)

  • actively market surplus employees and laid off persons who have not advised in writing that they are unavailable for appointment (1.1.35).

  • counsel and advise you to assist you in gaining new employment in Parks Canada or in making the transition to other employment (1.1.13, 1.1.29).

  • identify the occupations in which there is a skill shortage for which surplus or laid off persons could be retrained (1.1.34).

  • give preferred status for reinstatement to all employees whose salary is protected wherever possible (1.1.39).

  • must review the status of each affected employee annually, or earlier from the initial date when you were notified that you were affected, and review whether the affected status will be maintained (1.1.36) and notify you of their decision (1.1.37)

Getting help and taking action!

If you believe your workplace is going to be downsized, relocated or privatized and that you may be affected, you hould:

  • remain calm
  • don't make any rash or quick decisions
  • stay informed
  • ask questions about your situation and your options
  • seriously consider all the opportunities provided
  • make sure that you respond within the specified deadlines
  • make sure that both the union and Parks Canada have all the necessary information required to assist you
  • actively seek alternate employment and seriously consider all job offers
  • ensure you can be easily contacted
  • know and demand your rights
  • talk to your union
  • talk to the employer

Your union is an important resource and you have the right to representation by your union in this process (1.2.1). Joint union-management work force adjustment committees are essential bodies for monitoring the adjustment process. Get involved in the process and work with your union.

Your union can help you interpret the Work Force Adjustment Appendix (WFAA) as it pertains to your situation. If you have questions, contact you local steward or component office.

Parks Canada must establish systems to facilitate redeployment or retraining of affected employees, surplus employees and laid off persons. This includes assigning an individual counselor and providing on-going advice to assist you in finding continuing employment in the public service (1.1.29). This advice should include information about:

  • the WFAA and the meaning of its guarantees,
  • the work force adjustment situation and its effect on you,
  • the Agency's Priority Administration System and how it works from your perspective,
  • your rights and obligations,
  • your current situation, including pay, benefits such as severance pay and superannuation, classification, language rights, years of service,
  • alternatives that might be available to you under the WFAA,
  • what happens if you refuse a reasonable job offer,
  • the likelihood that you will be successfully appointed,
  • the resources available, including preparation of a curriculum vitae or resume for an interview with prospective employers.

Date Modified : 2012/08/23

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