Article 20

ARTICLE 20
POSITION DISRUPTION AND EMPLOYEE DISPLACEMENT

20.01 It is recognized by the Board and NASA that solutions to the problems of affected employees as a result of position disruption require understanding and care on the part of the Board and NASA and a willingness to assist and accommodate with reasonable readjustment on the part of the employee(s) concerned and affected.

20.02 Position Disruption

A position disruption is a significant and substantial change to an employee's terms and conditions of employment. Employee displacement means but is not limited to: redeployment, reduction in pay, or cessation of employment (e.g., layoff or acceptance of severance) that may result from reorganization such as downsizing, merger(s) or financial exigency, etc. The parties agree that position disruption is not normally the reassignment of task, duties, work location, work schedule, etc.

I. PROCESS

20.03 The Act of Consulting

(1) In such position disruption circumstances, Human Resource Services will notify NASA, in writing, of the details of the position disruption, at least ten (10) days prior to the planned notice, for the purpose of consultation on the impact, ramifications and treatment of employees affected by the proposed position disruption.

(2) The act of consulting constitutes meeting(s) of the parties to confer, on a without prejudice basis, and to provide the opportunity to understand the options for change under consideration, and questions arising from the proposed changes, which may affect employees in a particular unit.

(3) The parties agree that such document(s) and meeting(s) shall be held in strict confidence between the two parties.

(4) Prior to a final decision by the Board about the disruption, NASA shall have the opportunity, without unreasonable delay, to present methods and/or alternatives to assist and accommodate with reasonable readjustment. The parties shall make every effort first to make adjustments to the terms and conditions of the incumbent's employment, in the first instance without loss of pay, prior to any other alternate option being taken as per Clause 20.05 (4).

(5) A joint meeting of the parties with affected employees may be a consideration.

20.04 Position Disruption Meeting

(1) A "disrupted employee" shall be known as the designated employee. Designated employees are either full-time regular, part-time regular employees or temporary employees who are treated as regular employees (i.e., Clause 2.01(d) or 2.01(e) (2) The designated employee shall receive, from Human Resource Services, formal written notice of the position disruption. The formal written notice shall include the effective "date of the disruption", and the available options under Clause
20.05 (4) The Department Head or designee and a representative from Human Resource Services shall hold a meeting, as soon as possible, with the designated employee to discuss the notice and the available options. A NASA representative shall be present at such a meeting.

(3) Within ten (10) days following the meeting the designated employee shall respond in writing to the Human Resource representative as to which of the identified option(s) offered, from Clause 20.05 (4), that the designated employee wishes to choose.

(4) Failure of the designated employee to attend the scheduled meeting, or for Human Resource Services to have received his/her response to the above options within ten (10) days following the meeting noted in Clause 20.04 (2), shall result in one of the following:

(i) immediate termination of employment (i.e., Clause 20.05 (4) (g) without recall rights) if option(s) 20.05 (4) (a) to (c) were offered; or

(ii) immediate termination of employment (i.e., Clause 20.05 (4) (g) with recall rights) if option(s) Clause 20.05 (d) to (g) were offered. This default termination action will be rescinded if it is subsequently determined that it was beyond the control of the designated employee that prevented him/her from reporting or replying. These default provisions shall be outlined in the above written notice (see Clause 20.04 (2)).

(5) A designated employee who makes a claim under Article 24 subsequent to the commencement of this process, shall have no extraordinary rights under Article 20 and may expressly authorize a NASA representative to communicate on his/her behalf, otherwise Clause 20.04 (4) shall prevail.

20.05 Employee Displacement/Redeployment

(1) For the purposes of Article 20, displacement and redeployment are the actions by the Board, subject to Clause 20.03, taken reasonably as a result of a position disruption.

(2) For the purposes of Article 20, "redeployment" means the movement from one position to an established position with the same or lower maximum rate of base pay.

(3) When two or more employees are performing work in identical positions within the same seniority unit, seniority will be applied (i.e., reverse order of seniority) and options under Clause 20.05 (4) (b) to (f) may be considered.

(4) In the event that an employee is displaced from his/her position, the Board shall offer one or more of the following options to the designated employee for his/her selection:

(a) An adjustment to the employee's current position and/or terms and conditions of employment resulting from an agreed to course of action under Clause 20.03;

(b) Redeployment into an available position, at the same maximum rate of base pay, within the seniority unit;

(d) Redeployment into an available position, at a lower maximum rate of base pay, within the seniority unit;

(e) Redeployment into an available position, at a lower maximum rate of base pay, within the bargaining unit;

(f) Subject to Clause 20.06 (2), redeployment to a position by his/her exercise of seniority, at the same or lower maximum rate of base pay, that is currently occupied by the least senior employee, (see 20.06 (3)) in his/her same seniority unit and same job family;

(g) Layoff and recall (see Clause 20.07);

(h) Severance pay (see Clause 20.08).

(5) Once one or more of these options has been offered, subject to clause
20.06 (1), further redeployment options normally shall not be pursued. If the Board identifies two or more redeployment options (i.e., 20.05 (4) (b) to (e) ), the designated employee may choose one. Further, a designated employee who has not been offered option 20.05 (4) (a), (b) or (c) will always be entitled to choose option 20.05 (4) (g) or (h).

(6) A designated employee taking a redeployment option (i.e., 20.05 (4) (b) to (e)) has placement priority over those on the recall list.

(7) A designated employee redeployed under option 20.05 (4) (d) or (e) shall retain recall rights to his/her former position. Such designated employee shall have recall rights for a period of:

(a) two (2) years, if s/he has at least five (5) years of seniority at the effective date of his/her position disruption/layoff; or

(b) one (1) year, if s/he has less than five (5) years of seniority at the effective date of his/her position disruption/layoff.

(8) Nothing in the above precludes the Board from making a severance offer to an employee at any time.

(9) For the purposes of this Article, "available" shall mean a position that is deemed by the Board as being vacant (i.e., no incumbent) and that the Board deems that it should be filled.

20.06 Readjustment Procedure

(1) If a redeployment option is available under Clause 20.05 (4) (b) to (e) such that the designated employee meets the requirements and is qualified to fulfill the duties and/or could do so through job familiarization, with reasonable, on-the-job retraining, within a training period not to exceed two (2) calendar months, as determined by the Board, then the designated employee shall be informed of the duties and any retraining required (see also Clause 20.11 (3) (a)

(2) The designated employee may exercise his/her seniority under Clause 20.05 (4) (f) only if s/he is qualified and able to fulfill the duties or could do so with reasonable, on-the-job retraining, within a training period not to exceed two (2) months, as determined by the Board.

The position for the designated employee shall be the position of the most junior employee in the same seniority unit and the same job family.

(3) The junior displaced (i.e., bumped) employee will be eligible for one or more options under Clause 20.05 (4) except 20.05 (4) (a) and (f).

(4) A designated employee who is redeployed through the position disruption or recall process and subsequently, is determined unable to fulfill the duties of the position (see Clauses 20.06 (1) and 20.09 (1)), may continue to have options 20.05 (4) (g) or (h), if they had been offered.

20.07 Layoff

(1) Failing successful redeployment or acceptance of an offered layoff option in Clause 20.05 (4), layoff procedure shall occur and the notice of layoff shall be deemed to have commenced at the effective date of the position disruption set out in the notice under Clause 20.04 (2). The layoff notice period, or the recall period, shall be extended for any period of time the designated employee was unsuccessfully redeployed to an available position, as per 20.06 (4).

(2) The Board will make every reasonable effort to avoid layoff of employees while employing temporary employees performing work within the same job families in the same seniority unit.

(3) In the event of layoff (i.e., Clause 20.05 (4) (g) ) of a regular employee, s/he shall receive the following period of notice in writing (service to be computed to the date of the disruption/layoff):

(a) two (2) weeks, if s/he has completed the probationary period but has less than twelve (12) months' service;

(b) one (1) month, if s/he has at least twelve (12) but less than forty-eight (48) months' service;

(d) three (3) months, if s/he has at least eighty-four (84) but less than one hundred and forty-four (144) months' service; or

(e) four (4) months, if s/he has at least one hundred and forty-four (144) months' service.

(4) In the event of layoff (i.e., Clause 20.05 (4) (g)) of a temporary employee who is treated as a regular employee (see Clause 2.02 (e)(ii)), s/he shall receive the following period of notice in writing (service to be computed to the date of the disruption/layoff):

(a) two (2) weeks, if s/he has completed more than twelve (12) months' service and less than twenty-four (24) months' service;

(b) one (1) month, if s/he has at least twenty-four(24) but less than sixty(60) months' service;

(d) three (3) months, if s/he has at least ninety-six (96) but less than one hundred and fifty-six (156) months' service; or

(e) four (4) months, if s/he has at least one hundred and fifty-six (156) months' service.

(5) A separate recall list consisting of the names of all laid off part-time regular employees and part-time temporary employees treated as part-time regular employees will be maintained by the Board. Part-time employees shall have their seniority pro-rated.

(6) A separate recall list consisting of the names of all laid off full-time regular employees and full-time temporary employees treated as full-time regular employees will be maintained by the Board.

(7) Layoff Option "A": Notice of Layoff, Recall, Severance Payment (see Clause 20.08):

A designated employee who opts for the notice of disruption/layoff in Clause 20.05 (4) (g), may obtain a recall period of six (6) months, and if not recalled within that period, receive a balance of the severance payment in Clause 20.08 (2), less the notice received.

(8) Layoff Option "B": Notice of Layoff, Recall:

A designated employee who opts for the notice of disruption/layoff in Clause 20.05 (4) (g), may obtain a recall period of twenty-four (24) months, and if not recalled within that period, receives no other rights or benefits.

20.08 Severance Options

(1) A designated employee who chooses severance payment under Clause 20.05 (4) (h) shall be deemed to have resigned and s/he relinquishes his/her rights to recall and such designated employee shall be considered to have terminated his/her employment with the Board.

(2) The severance payment formula under option 20.05 (4) (h) for all designated employees shall be:

75% of one month's pay, per year of regular service, to a maximum of twelve (12) months' pay (pay is defined by Clause 1.20; however, for Clause 20.08 (2) purposes, "pay" shall not include any responsibility premiums or market supplements).

A designated employee who is eligible to retire from the Board and immediately receives a pension will be eligible to bridge his/her benefits premiums, subject to the continuing availability and eligibility requirements determined by the Board's Bridge Benefits Policy and any amendments made from time to time, and in accordance with Article 31, Benefit Plans.

Further, it is agreed that a designated employee accepting this severance option and retiring from the Board shall not be entitled to the retirement bonus under Article 17.

20.09 Recall

(1) A designated employee on layoff status shall be recalled in the order of his/her seniority, subject to being qualified for the job and being able to fulfill the duties, or being qualified and able to fulfill the duties through job familiarization, and/or with reasonable, on-the-job retraining, within a training period not to exceed
two (2) months, as determined by the Board.

(2) A designated employee on layoff status shall be recalled, in the following order, to any one of the following available established positions, subject to Clause 20.09 (1) above, whichever becomes available first:

(a) the designated employee's former position, if re-established, (in this case Clause 20.09 (1) does not apply);

(b) another position of the same job family within the employee's seniority unit;

(d) a position of a different job family within the employee's seniority unit provided there is no prior claim;

(e) a position of a different job family outside the employee's seniority unit provided there is no prior claim.

(3) A designated employee on layoff status shall retain his/her recall rights under Clause 20.09 for maximum periods of six (6) months or twenty four (24) months depending on the option chosen in 20.07 (7) or (8).

(4) A designated employee shall forfeit any further rights to recall if s/he declines one (1) offer of recall, except if offered a temporary appointment.

II. PAY AND TRAINING BENEFITS FOR DESIGNATED EMPLOYEES

20.10 Pay Adjustment

A designated employee should be provided with pay equivalent to that received prior to disruption provided it is not above the maximum of the range for the grade level of his/her new position such that:

(a) Where a designated employee is redeployed into a position of the same grade level s/he shall retain his/her step level on that base pay grade;

(b) Where a designated employee is redeployed into a position of a lower grade level and his/her base pay is within the base pay range for that grade s/he will be placed on the step level nearest, but not lower, than his/her current base pay;

(c) Where a designated employee is redeployed into a position of a lower grade level and his/her base pay is above the base pay grade for the new position s/he will be placed at Step 9 of the base pay grade for the new position.

20.11 Position Disruption Training Benefits

(1) The Board agrees to provide reasonable funding to continue a Staff Retraining Fund for persons affected by position disruption.

(2) Where required the Board will offer training to designated employees affected by position disruption or eligible for recall. Once an option for an employee has been concluded in accordance with Clause 20.05 (4), the Board agrees to provide affected designated employees relocation counselling and training assistance under the terms of Clause 20.11 of the Collective Agreement.

(3) (a) Where a designated employee requires training in order to effect a redeployment and/or be recalled, the Department in conjunction with Human Resource Services will determine the training required, develop a formal training plan, consult with the designated employee and Human Resource Services will provide reasonable funding for the training (see also Clause 20.06 (1)).

(b) The Board will provide training assistance in order to enhance the employment opportunities of employees on the recall list. The onus is on the designated employee to submit proposals for specific training to Human Resource Services for approval. Should a designated employee(s) training proposal be denied, the designated employee(s) may request a meeting with Human Resource Services and NASA.

(c) Where the designated employee requests training that is unlikely to enhance reemployment opportunities to the Board, and if the Board approves said training, then the affected designated employee will forego his/her right of recall.

(4) The terms of all training provided shall be subject to mutual agreement between the designated employee and the Board.

(5) Where training is required to take place during a designated employee's regular hours of work, such time off shall be with pay. The scheduling of such training during an employee's normal working hours is subject to operational requirements of the Department.

20.12 This Article shall not apply to:

(1) temporary employees twelve (12) months or less;
(2) apprentices;
(3) temporary layoffs of less than three (3) months' duration;
(4) project temporary employees.

20.13 For the purpose of this Article, a designated employee who is on Article 28 leave or approved leave with pay prior to the commencement of the process in Clause 20.03, shall not have notice begin until s/he returns to work.

20.14 Job Families

NASA and the Board agree to the Job Families as outlined under Appendix F. Further, NASA and the Board agree that there shall be no change to these Job Families prior to March 31, 1999.

The Board will consult with NASA on the Job Families including any planned changes (amendments, alterations, additions or deletions). Human Resource Services shall provide the reasons that have led to the planned changes to NASA.

If NASA believes that the planned changes are significantly detrimental to its members, NASA shall provide to Human Resource Services the reasons for their belief and present alternatives without unreasonable delay. Human Resource Services shall then convene a meeting with NASA prior to implementing any such planned changes in order to discuss the impact, ramifications and effect upon employee(s). The parties will attempt to reach mutual agreement upon the planned changes without unreasonable delay.

Failing mutual agreement, the Board may implement any planned changes (or otherwise modified planned changes) as it believes that such planned changes do not undermine the integrity of the bargaining unit. Subsequently, NASA may submit a policy grievance under clause 38.04(c).

The Board agrees to notify affected employees of any planned re-allocation of their position due to a Job Family change.

20.15 Seniority Units

Seniority Units shall be listed in Appendix E.

The Board will consult with NASA on the Seniority Units including any planned changes (amendments, alterations, additions or deletions). Human Resource Services shall provide the reasons that have led to the planned changes to NASA.

Prior to implementing any planned changes, the Board shall communicate to affected employees either in writing or at a meeting with employees, as determined appropriate by NASA and the Board.

Next Article: Employee Transfer

ARTICLE 20 POSITION DISRUPTION AND EMPLOYEE DISPLACEMENT

ARTICLE 20
POSITION DISRUPTION AND EMPLOYEE DISPLACEMENT