PAFSO has received several questions from FS members regarding the alternation process as part of the Work Force Adjustment (WFA) Directive. The following seeks to answer some frequently asked questions concerning the workforce adjustment situation at Global Affairs Canada (GAC).
Under the National Joint Council (NJC) WFA Directive, all departments must participate in an alternation process, which allows an employee facing potential job loss (opting employee) to remain in the federal public sector by exchanging positions with another employee (alternate) who is willing to leave their position with a transition support measure or an educational allowance. This is a required step within the WFA Directive.
While no FS positions at IRCC are affected by the WFA, some FS-04 members at GAC will have received opting letters from the employer and have thus become opting employees. GAC has created a platform in order to facilitate alternations between employees impacted by Workforce Adjustment and eligible employees not impacted by Workforce Adjustment (not affected, opting or surplus).
Opting Employee
Employees who are not given a guarantee of a reasonable job offer (GRJO) and are eligible for a transition support measure or educational allowance.
Alternate
Non-affected indeterminate employees who are willing to leave the federal public sector with either a transition support measure (TSM) or an educational allowance.
An opting employee is an individual who has not received a guarantee of a reasonable job offer and who has been accorded a period of 120 days during which to select one of the three transition-support options provided to opting employees.
Important: The opting employee must choose one of the three options in writing within the 120-day window. The employee cannot change options once a written choice has been made. If the employee fails to select an option within the 120-day window, Option A (twelve-month surplus priority period) is deemed to be the selected option (WFA Directive, s. 6.1.3–6.1.4).
An opting employee who expresses an interest to be part of the alternation process should advise management as soon as possible after receiving their formal surplus notice advising that there is no guarantee of a reasonable job offer.
Alternation is available:
• During the employee’s 120-day opting period, before they have chosen one of the three options; OR
• During the 12-month surplus priority period, if the employee has chosen or been deemed to have chosen Option A (twelve-month surplus priority period in which to secure a reasonable job offer). Note: if alternation occurs during the Option A surplus period, the alternate’s TSM will be reduced by one week for each completed week between the beginning of the surplus employee’s surplus priority period and the date the alternation is proposed (WFA Directive, ss. 6.3.3–6.3.4).
Opting employees pursuing alternation may only select Option B or Option C(i) — Option C(ii) (leave without pay) is not available within the alternation process.
- The opting employee who wants to remain in the federal public sector must meet the position requirements of the unaffected position they are alternating into, including language requirements and any applicable staffing equivalencies. This is subject to all Public Service Commission requirements for the appointment or deployment of an affected employee (WFA Directive, s. 6.3.7).
- Alternation must occur on a specified date agreeable to both parties and is subject to management’s approval. Both employees must directly exchange positions on the same date — there is no provision for a “domino” effect or “future considerations” (WFA Directive, s. 6.3.10).
- The alternation can only be between two positions within the Core Public Administration (WFA Directive, s. 6.3.2).
- An alternation should normally occur between employees at the same group and level. When the two positions are not the same group and level, alternation can still occur when the positions can be considered equivalent. Positions are considered equivalent when the maximum rate of pay for the higher-paid position is no more than 6% higher than the maximum rate of pay for the lower-paid position (WFA Directive, s. 6.3.9).
- An alternation must permanently eliminate a function or a position (WFA Directive, s. 6.3.6).
- Management will assess whether the proposed alternation will result in retaining the skills required to meet the ongoing needs of the position and the core public administration. This may be a basis for management to deny an alternation (WFA Directive, s. 6.3.5).
- The alternate moving into the opting employee’s position must also meet the requirements of that position, unless the alternate will not be performing the duties of the position and will be struck off strength within five days of the alternation (WFA Directive, s. 6.3.7).
- An alternation will not be denied solely as a result of untimely administrative process (WFA Directive, s. 6.3.11).
- As an opting employee, you are entitled to up to $1,200 towards financial and job placement counselling services to assist with potential re-employment or retirement planning, regardless of which option you ultimately choose (WFA Directive, s. 6.4.6).
The alternate employee will be entitled to the transition support measure that is available under paragraph 6.4.1 (b) or 6.4.1 (c) (i) of the NJC Work Force Adjustment Directive.
Option B
- Transition support measure (TSM): a cash payment based on the employee’s years of service
in the Public Service (see Appendix C of the WFA Directive for the applicable
schedule). - The employee resigns but is considered to be laid off for purposes of severance pay. Management establishes the departure date.
- The TSM is paid in one or two lump-sum amounts over a maximum two-year period.
Option C (i)
- TSM (as above) plus and education allowance of not more than $17,000 for reimbursement of receipted expenses for tuition fees, costs of books and relevant or mandatory equipment (WFA Directive, s. 6.4.1(c)).
- The employee resigns but is considered to be laid off for purposes of severance pay. Management establishes the departure date.
- The TSM is paid in one or two lump-sum amounts over a maximum two-year period.
If you wish to leave the federal public sector and would like to alternate with an opting employee, you should advise management as soon as possible. Management will aim to match you with opting employees who are impacted by WFA at GAC based on your response. Opting employees at GAC may contact you directly if they are interested in your position for alternation.
You and the opting employee will need to propose the potential alternational match to your respective managers for approval. Both employees must directly exchange positions on the same date, meaning the alternational must occur on a given date approved by management.
If alternational is denied, you may request a meeting to discuss the rationale for the decision. PAFSO has the right to attend that meeting as the bargaining agent representative (WFA Directive, s. 6.3.8).
If you have any questions or concerns about the alternation process, or you feel that GAC’s management has wrongfully denied a potential alternation match, please contact us and let us know about your situation. Our Labour Relations Advisors may be able to help you navigate through the alternation process.