Workforce Adjustment (WFA) FAQ for PIPSC Members at NRC

Workforce Adjustment (WFA) refers to situations where the NRC determines that there is no longer enough work or that a function is being discontinued, resulting in employees being:

• appointed to another position within the NRC, or
• laid off

Reasons may include: budget cuts, reorganizations, program changes, new legislation, technological change, privatization, decentralization, contracting out, or relocation of functions.

WFA provisions apply to all continuing employees, including those on probation and to employees on assignment until they are appointed to a continuing position.

Terminating employment under WFA requires approval from:

• the President, or
• the Responsible Vice-President, based on a recommendation from the Director General (DG)

Yes. When a potential WFA situation arises, a WFA Consultation Committee (WFACC) is formed, including NRC management, HR, and bargaining agents (including PIPSC). The committee consults on how to minimize adverse impacts and ensure employees’ rights.

The DG must:

1. notify employees of potential impacts, in writing, as early as possible
2. provide a minimum of 4 weeks’ notice before issuing your formal surplus letter
3. notify PIPSC national bargaining headquarters at least 2 working days before employees receive surplus notifications

An employee who has received written confirmation of their anticipated date of lay-off. Surplus status lasts until you are appointed to a new position or laid off.

If more than one employee occupies similar positions and not all positions are being eliminated, NRC uses a Reverse Order of Merit (ROM) to select who will be declared surplus.

ROM evaluates employees using:

• Experience (1/3 weighting)
• Quality of past performance over 5 years (1/3)
• Behavioural competencies (1/3)

Employees are ranked, and those with the lowest scores are declared surplus. Employees can request their ranking and the information used to determine it.

Employees may volunteer to be surplus. The ROM process may be avoided or limited depending on the number of volunteers.

A period consisting of 20 weeks plus 1 week for every year of continuous service. The notice period starts at the end of the initial 8-week marketing period.

The surplus employee may be asked to work part or all of their notice period or be paid in lieu for any part of the notice period not worked.

This is the period during which NRC tries to find you a new position; it lasts a minimum of 8 weeks, and the first 8 weeks are not included in your notice period. You may:

• extend to 12 weeks, but the extra 4 weeks come out of your notice period
• shorten the period if you want your layoff date advanced

During this time, NRC will make every reasonable effort to find an appropriate position for the surplus employee and provide updates to that employee. As a result:

• you may be reassigned temporarily to job-search activities
• you must indicate whether you wish to be “marketed” and provide an updated résumé

An appropriate position is:

• at the same group/level, or
• one level lower than the substantive group/category and level of the surplus employee, or
• an equivalent position in another group under pay-transfer rules
• cannot be a promotion and must not change your tenure

Yes. Surplus employees:

• are considered nationally
• must be appointed without competition to suitable positions for which they meet the screening criteria and key competencies
• take precedence over all other priority groups.

If more than one surplus employee qualifies, NRC will evaluate and select the best-qualified.

Yes. NRC must make every reasonable effort to retrain surplus employees if:

• no fully qualified priority person exists, and
• training can be completed within a time acceptable to the hiring manager (this is subject to operational requirements)

During retraining, you remain a continuing employee because:

• you are working off your notice period while retraining
• your layoff date is extended until retraining is completed
• successful retraining results in appointment to another position

If retraining is unsuccessful, you return to your substantive position and may be laid off.

Surplus employees receive a notice period, outplacement benefit, and severance pay.

• Your notice period is determined by years of continuous service, starting at 20 weeks plus 1 week per year of continuous service. Your notice period may be reduced by 4 weeks if you choose a 12-week marketing period.
• The Outplacement benefit is equal to 8 weeks’ pay or $8,000, whichever is greater.
• Severance pay is determined according to your collective agreement.

Total benefits are capped at 70 weeks of pay. The $8,000 outplacement benefit is treated as 8 weeks for the 70-week cap.

Yes. NRC may:

● require you to work some or all of the notice period

● pay a lump sum for the portion not worked

Yes. You may use all or part of the $8,000/8-week outplacement benefit as soon as you are declared surplus, and:

• receipts are required for reimbursement
• unused funds are paid at layoff

No repayment is needed if you find another job.

If you accept an appointment requiring relocation, you are treated as an employer-requested relocation under the NJC Relocation Directive. The general rule on minimum distances for relocation applies.

In exceptional circumstances, if NRC needs you to stay until a specific operational date, you may receive a lump sum equal to your full layoff benefits (notice + outplacement + severance), subject to the 70-week cap.

You only receive this if you remain for the entire retention period.

Yes. You may request up to 2 years of leave without pay before a layoff. During this leave:

• you are not marketed, but retain priority for appointment when you return
• either you or NRC may end the leave early
• you are responsible for pension, disability, and death benefit premiums

Yes. You may file a grievance at any level, up to the final level. For represented employees (including PIPSC members), arbitration is available. The merits of a particular case will determine whether a matter is referred to arbitration.

Yes. You may apply to internal NRC competitions for which you qualify for 4 weeks after your layoff date. This does not include priority consideration.