CRA – AFS Group workforce adjustment affected and surplus status

Workforce adjustment applies to indeterminate employees only. Term employees do not have protection under the WFA provisions of the collective agreement. To see specific entitlements under WFA, employees can review the WFA Appendix in the AFS collective agreement.

• Formal notification of any/all workforce adjustment situations must be provided to the President of the union.
• An indeterminate employee must be informed in writing that their services may no longer be required beyond a specified date. When this formal notification occurs, the employee then becomes subject to the WFA provisions of the collective agreement and is considered an affected employee.

Affected status means that you are part of a group of workers who may be workforce adjusted or surplus at a future date – it does not mean that you will be declared surplus. Essentially, this is an advanced formal notification of the possibility of surplus status.

When an employee is informed that they are surplus under WFA, these are the following possible scenarios:

Where the employer knows or can predict that employment will be available, the employee will receive a guarantee of a reasonable job offer.

Employees may also participate in the alternation process in accordance with section 6.3 of this appendix within the one hundred and twenty (120) day window before a decision is required of them in 6.1.3.

Where the employer determines that there is no likelihood of employment and cannot provide this guarantee, the employee will not receive a guarantee of a reasonable job offer. Instead, the employee will become an opting employee and will be given several options to choose from in order to help them make the transition to other employment. See Q12 below or 6.4 of the WFA appendix in your collective agreement.

A guarantee of a reasonable job offer is a guarantee of an offer of indeterminate employment within the CRA provided by the Commissioner to an indeterminate employee who is affected by workforce adjustment. The Commissioner will be expected to provide a guarantee of a reasonable job offer to those affected employees for whom they know or can predict employment availability in the CRA. Surplus employees in receipt of this guarantee will not have access to the options available in Part VI of the WFA appendix.

Once a guarantee of a reasonable job offer is issued:

• the employee is formally declared surplus by the Commissioner
• surplus status confers a legislated entitlement to the employee for priority appointment to another position in the CRA for which they meet the essential qualifications
• an employee in receipt of a guarantee of a reasonable job offer does not have access to a cash payment (cash out/TSM)

Note: In the case of affected employees for whom the Commissioner cannot provide the guarantee of a reasonable job offer within the CRA, the CRA is committed to assist these employees in finding alternative employment in the public service (Schedule I, IV and V of the Financial Administration Act).

Alternation is a process under the CRA workforce adjustment (WFA) policy that allows a surplus or opting employee (whose services are no longer required) to exchange positions with a non-affected employee who voluntarily wishes to leave the CRA. This process helps to retain skills within the organization while allowing employees to transition out under specific terms.

Surplus or opting employees: employees who have chosen option 6.4.1(a) (surplus preferred status) and wish to remain employed by the CRA.

Non-affected employees: indeterminate (permanent) employees who are not impacted by the WFA situation and are willing to leave the CRA voluntarily.

• An offer of indeterminate employment in the CRA, normally at an equivalent level, but could include lower levels with a maximum pay difference of 6%
• The employee must be trainable and mobile
• Where practicable, the offer shall be within the employee’s headquarters area as defined in the CRA Directive on Travel
• An offer from the FAA Schedule I, IV, and V employer

*In alternative delivery situations, a reasonable offer is one that meets the criteria set out in type 1 and 2 of Part VII of the WFA appendix. ** For the purposes of a reasonable job offer, terminable allowances do not form part of salary and are not a factor in establishing a reasonable job offer. Note: In the case of affected employees for whom the Commissioner cannot provide the guarantee of a reasonable job offer within the CRA, the CRA is committed to assisting these employees in finding alternative employment in the public service (Schedule I, IV and V of the Financial Administration Act).

Surplus employees and laid-off persons appointed to lower level positions under workforce adjustment have their original salary and pay equity equalization payments (if any) protected until such time as that person is appointed to a position with a maximum rate of pay that is equal to or higher than the maximum rate of pay of the position from which they were declared surplus or laid off.

In the event an employee is appointed to a lower-level position under workforce adjustment, salary protection ends if the salary-protected employee chooses to transfer from the position to which they were first appointed as a result of the WFA.

Salary protection applies only to the initial appointment under the workforce adjustment provisions. Salary protection does not include terminable allowances, as terminable allowances do not form part of salary.

If you have been given a guarantee of a reasonable job offer, you will continue to be paid until you are offered and accept a reasonable job offer. Note that if you refuse a reasonable job offer, you will be laid off, in which case you will be paid until you are laid off. If you are an opting employee, you will continue to be paid until you are laid off or choose to resign from the CRA.

Yes, employees whose positions are declared surplus are expected to report for work. You may be asked to perform duties that are different from the ones you are accustomed to carrying out and for which you are qualified. You should also expect that you will be given sufficient time, tools and support to assist you in your search for alternate employment.

If an employee is declared affected because his or her work unit is to be relocated to another area beyond what is considered to be normal commuting distance, WFA agreements provide that the employee will receive written notice in the form of a letter advising that the work unit is moving. The letter will also provide the affected employee with a period of six (6) months during which to decide whether or not the employee wishes to move with the position or be treated as if they were subject to a work force adjustment situation.

Should the employee decide not to move with the relocated position, the employee will be provided with either a guarantee of a reasonable job offer or access to the options and become an opting employee. It is possible that at some point, the employee’s relocated position could be offered to the employee as a reasonable job offer in the event that other employment cannot be found in the employee’s preferred location.

All indeterminate employees who are not in receipt of a guarantee of a reasonable job offer become an opting employee under the WFA provisions and are entitled to up to twelve hundred dollars ($1,200) towards counselling services in respect of their potential re-employment or retirement.

In addition, an opting employee has 120 days to choose one (1) of the following three (3) options:

Option 1: surplus preferred status period

• Surplus preferred status allows you to remain within the CRA on priority status for an indeterminate position during a defined surplus period.
• Duration of the surplus period:
  • Less than 10 years of service: 12 months
  • 10 to 20 years of service: 14 months
  • More than 20 years of service: 16 months

During this period:

• the CRA will work to place you in another indeterminate position within the CRA
• if no reasonable job offer is found within the surplus period, you may be laid off

Salary protection: if you are appointed to a lower-level position, your current salary will be protected during the surplus period.

Option 2: cash-out

The employee choosing this option is entitled to the Transition Support Measure (TSM) which is a cash payment based upon the employee’s years of service in the CRA, which varies from a minimum of ten (10) weeks’ pay to a maximum of fifty-two (52) weeks.

Employees exercising this option must resign but will be considered to be laid off as they are also entitled to severance pay in accordance with the collective agreement in addition to the TSM cash payment.

Option 3: education allowance

Employees may opt for a Transition Support Measure (option 2) plus an education allowance which pays a maximum of $17, 000 for tuition, books and mandatory equipment to attend a learning institution.

Employees exercising this option:

• must resign (but will be considered to be laid off)
• are entitled to severance pay in accordance with the collective agreement in addition to the education allowance

or

• may delay departure, to a maximum of 2 years while attending the learning institution
• may receive the education allowance in one or two payments
• may participate in the benefits plan, while paying both employer and employee shares

Employees selecting this option relinquish their priority rights.

It is important to note the following:

• The opting employee cannot change options once a written choice has been made
• The opting employee will be deemed to have selected option (1) if they fail to make a choice within the prescribed timeline of 120 days
• A person who has been laid off is entitled to a preferred status appointment without recourse to a position in the CRA if they are qualified. This preferred status period is 15 months following the lay-off date or termination date
• In cases of pay in lieu of unfulfilled surplus period (employees who opt for the Transition Support Measure or the two years of leave without pay to attend a learning institution), employees will not be granted preferred status for reappointment

If an employee is on leave (such as sick leave, vacation leave, or any other type of approved leave) when a WFA situation occurs, the CRA WFA policy still applies, and the employee’s rights and obligations are largely unchanged by their leave status.

They will receive the same notification and have access to the same supports and options (surplus status, TSM, or education allowance). The collective agreement outlines the CRA shall inform and counsel affected employees.

The CRA shall make every reasonable effort to contact the employee and provide the following:

• Official notification: The CRA shall make every effort to notify the Employee of the WFA situation and its impact on their position. The employee’s status (e.g., surplus or opting) must be clearly communicated in writing.

• Counselling and support: The CRA must counsel the employee on their rights, options (e.g., surplus priority, retraining, transition support), and opportunities for continued employment. If you are opting or surplus, the CRA must assign a counselor.
• Time to consider options: If the employee is declared “opting” (i.e., no guarantee of a reasonable job offer), they must be provided 120 days to choose among the options outlined: Twelve-month surplus priority period, Transition Support Measure (TSM), or Education Allowance.
• Access to Benefits: The employee retains access to all applicable benefits and entitlements as if they were actively working.

Employees who are seeking redeployment share equally in the responsibility for resolving their situations. This means that they should actively participate in the redeployment process.

It is important that they:

1. provide timely information
2. be available for job interviews
3. give serious and thoughtful consideration to all job opportunities
4. be aware of their entitlements and obligations associated with their priority status
5. use departmental resources such as managers, HR advisors, and the Career Transition Centres

As per the CRA’s Procedures for Recourse on Staffing (Staffing Program):

1. Individual Feedback (IF): This is the initial step where an employee’s concerns are reviewed through discussions with the manager
2. Decision Review (DR): If individual feedback (IF) does not resolve the issue, a decision review can be requested, where a decision reviewer assesses the situation
3. Independent Third Party Review (ITPR): This is available if the employee disagrees with the Decision Review (DR) outcome and involves an external party for an impartial review