Question 1

Position Redundancy

Accepted Answer

Who decides that the a positions is lay offed?
Under Article 3.1 the College reserves the right to manage and to make a decision about the workforce and layoffs. Nothing in our collective agreement would constrain their right and therefore  the employer can make the choice to eliminate a position while relocating the roles work.

When I receive a lay off does this mean my position and work are deem redundant?
It would be quite extraordinary if the Employer had to justify that a position was redundant before layoff. It’s generally accepted that an employer can decide if a layoff is appropriate. A lot of times that will be with a view to a reduction of services, but does not include a requirement to demonstrate the work is redundant.

Question 2

ROE & EI Benefits

Accepted Answer

I have unused vacation or overtime. Will they be paid to me if I take severance?
 • Yes. Any unused/accrued time will be paid out or taken prior to the layoff starting.
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Employment Insurance (EI)​
 • We strongly recommend that members submit questions directly to Service Canada. 
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When should I apply for EI?
 • You can start your EI application as soon as you stop working. You do not have to have a Record of Employment to start a claim.

How/when will I get my Record of Employment?
 • Record of Employment will be available through Workday or you may request a copy from Payroll Services.
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If I accept severance am I still eligible for EI?
 • Yes. Your Record of Employment will state that you were laid off due to shortage of work.

If I accept VEIP am I still eligible for EI?
 • No. Your Record of Employment will state that you quit.
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If I choose redeployment and then reject a reassignment offer, will that negatively impact my EI eligibility?
 • According to Service Canada, you must be willing and able to work while receiving EI. If you reject a reassignment offer while on recall, you may lose EI benefits.  If there is a specific reason why you would reject a reassignment offer, contact Service Canada directly for more      information.
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Will taking courses while on EI impact my eligibility?
 • Possibly. You must be willing and able to work while on EI, which could mean withdrawing from a course if a job is offered to you. See EI and Courses/Training Programs info from Service Canada, or talk to Employment Ontario before registering for any training, courses, or programs.

Question 3

Severance & Payments

Accepted Answer

Important Information about Severance 
 • Under the Employment Standards Act, severance is paid to employees with 5 or more years of service with the employer.
 • If you have more than 5 years of service, you can change your decision to be on the recall list during your 90 day notice period or while on recall. 
 • If you have less than 5 years of service, you can only receive severance by notifying the College that you will accept severance within 21 calendar days of your layoff notice.  (See FT CA Article 15.5 and PT CA Article 18.8 for details.)
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Am I entitled to severance on the recall list?
 • If your 12 or 18-month recall      period (see FT Article 15.6.1, PT Article 18.6) expires before a new      position is found, you are paid your severance if you have 5 or more years      of service. 
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If I choose severance, can the remainder of my notice period be paid in a lump sum?
 • Yes, at the College's discretion. You can choose to receive the remainder in a lump sum if the college agrees. 
 • Your access to benefits will end immediately if you choose not to continue your 90-day notice period.  Benefits are only active if you are receiving a pay cheque.
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Are severance payments and lump sum payments of my remaining notice period subject to deductions?
 • Yes. Under the law, they are subject to the same mandatory deductions as your normal pay.
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Can the College deposit my lump sum or severance payment into my RRSP?
 • Yes, at the College's discretion. If you choose severance and want to end your notice period early with a lump sum payment, reply directly to your notice email and request HR to arrange a transfer into an RRSP.
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If I have more than 5 years of service, when and how can I accept severance?
 • Severance will be paid when one of the following applies:
    • You give up your right to be reassigned to a new position while on the recall list.
    • Your time on the recall list ends before a new position is found for you.
    • You reject an offer of reassignment. This ends your recall rights.
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If I have more than 5 years of service, can I elect severance at any point?
 • Yes. Employees with more than 5 years of service are entitled to severance under the Employment Standards Act.  This request must be prior to you accepting redeployment.
 • The College will pay severance to employees with more than 5 years of service if they elect to waive their recall rights at any point.

Question 4

Notice Letters

Accepted Answer

If I'm affected by layoffs, will I be given working notice or non-working notice?
 • The decision to require continued work during the notice period is made by College management. 
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If I receive a non-working notice, does the paid notice period still apply?
 • Yes, the 90-day (regular full-time) notice period applies whether you are expected to work or not.
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My notice letter included a Ministry of Labour Notice of Termination form. What do hourly and salaried numbers mean?
 • The numbers indicate the number of unionized employees, both support staff and faculty, who are impacted. 
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Do I need to sign and return the Ministry of Labour Notice of Termination form?
 • No, it is a notification from the College to the Ministry only. You received a copy because the College is required to share it with employees.

Question 5

Reassignment

Accepted Answer

If I choose reassignment, how many days until I start in the new position?
 • It depends on when the Employment Stability Committee finds a suitable position for you and Management.   Depending on how many people request redeployment, this could take weeks      to months.  If a position is found, you'll receive a formal letter of reassignment, including your 90 days notice date.  During this time the employer will determine when you will move to your new role.
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If I choose reassignment, can I make suggestions for positions that might be suitable for me?
 • Yes, we welcome such suggestions. Note that suggestions may not be feasible, depending on      factors like position availability, seniority, etc., as outlined in the Collective Agreements. You can send any such suggestions to: opseu421@outlook.com.
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What happens if I choose reassignment and no job is found? Do I get severance?
 • If no, job can be found you will move thought the bumping process or to layoff status under      the collective agreement.  Severance would apply. 
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If I'm offered a reassignment, can I turn down the position in favour of another?
 • No, if you decline the offered position, that is equivalent to accepting severance. Rejecting a      redeployment offer can negatively impact your EI eligibility.
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If I'm offered a reassignment, when will the position's manager be informed? Can I meet with them before deciding to accept the position?
 • Managers will be aware of the reassignment recommendation. If requested, HR has agreed to connect the employee and manager.
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If I turn down an offer of reassignment, do I get my remaining notice pay?
 • Yes, you are still entitled to finish your working notice or to receive pay in lieu of notice.
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If I choose reassignment, will I be told where I sit in ESC's reassignment queue?
 • Yes, ESC will provide you with that information if you request it.

Question 6

Bumping

Accepted Answer

If I'm affected by the bumping process, when will I be notified?
 • An employee affected by bumping can only be notified once another employee accepts reassignment to the position. This could take days or weeks, so it's impossible to predict      when bumping notifications will begin. In some cases, one bump results in another, so the full process could take weeks to months to fully play out.
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If I'm displaced through the bumping process, what are my rights?
 • Employees displaced through the bumping process are entitled to the same rights under the collective agreement, including paid notice. The only exception is for the fourth displaced      individual, as outlined in Article 15.4.5.3 of the full-time contract, who is placed on the recall list.
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Is there a chance that I could be reassigned and later bumped out of my new position?
 • The Employment Stability Committee is aware of this danger. The College will be proceeding with layoffs in a systematic way, taking into account seniority and pay band.  This should make sure this sort of multi-bumping situation doesn't happen with this round of layoffs, but we can not guarantee this will not happen.

Probationary, Appendix D or Initiative/Opportunities (IO) employees. 
​Layoff articles in the Full-Time collective agreement do not apply to Probationary, Appendix D or Initiative/Opportunities (IO) employees. 
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Notice is Given to the Local
 The Local is notified at least 14 days before written notice is given to an affected employee (Article 15.2)
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Written notice to the Full-Time employee
 The 90 (calendar) day notice period begins from the day you receive notice (Article 15.3.5.2). You are entitled to all regular wages and benefits during this time. You may or may not be required to continue working. 
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Electing reassignment or severance
You have 5 days to choose to be reassignment or accept severance from the day you receive written notice. Accepting severance terminates your employment with the college. 
 • Reassignment - You will be asked to provide an updated resume and skills portfolio to support the redeployment process.
 • Severance - You will be paid a severance amount, unused and accrued vacation days, and any remaining wages in the 90-day notice period. 
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Waiving recall rights and taking severance
You can give up recall rights within 21 days of your written notice and accept severance. This terminates your employment with the College. (Article 15.5.1 and LOU Article 15.5.1 - Severance Pay) 
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Reassignment to a new home position
 If your new home position has a lower pay band than your previous position, you are entitled to 90 days at your previous rate of pay (Article 15.4.7), after which you receive the rate of pay of your new home position at the closest step progression that doesn't exceed your previous rate of pay.
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Recall
If a new home position is not available when you receive notice and you choose redeployment, you are placed on the recall list. 
 • Less than 2 years continuous employment - up to 12 months on recall
 • More than 2 years continuous employment - up to 18 months on recall
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Are you allowed to work elsewhere while on recall? 
 • Yes, but you must respond to a redeployment notice within 7 days, or you will lose your seniority. (Article 15.10)
 • If you accept a redeployment position but fail to return to work within 10 days, you will lose your seniority. (Article 15.10)
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Full-Time Reassignment Assistance 
You are entitled to career counselling, job search assistance, and retraining through existing College services. Stay tuned for more details.
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Consideration for Non-Bargaining Unit Work (Article 15.7.4)
 If you have more than 5 years of seniority and are participating in retraining under Article 15.7, you can request to be considered for work at Loyalist outside the FT Support Staff unit during non-study periods.
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Postings at other colleges
The college will assist you in preparing a portfolio to facilitate placement in appropriate vacancies at another college.  Should the College with the vacancy hire you through this process, you will retain all past service for benefit entitlement and vacation only. This is NOT credited towards probation or seniority.  The hiring College may start you at a step higher than the start rate on the appropriate pay band.
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Full-Time Retraining Rights
Participation in some retraining may impact your ability to claim Employment Insurance. Check with Service Canada before enrolling in any educational/training programs through ANY institution.
 • You are entitled to participate in courses offered by Loyalist for a fee of $20.00 plus      ancillary fees and the cost of course materials. You must meet the admission requirements and are subject to academic policies.
 • You're entitled to retraining for 3 years from the notice date or until you are recalled.
 • If you are recalled but have not completed a course you're enrolled in, the College must consider ways to enable you to complete the training.  Retraining is paid for through the Employment Stability Fund pays for retraining.

Question 7

General Lay offs Questions

Accepted Answer

What rights do I have if laid off? 
What you are entitled is to exercise your rights to seniority to maintain job security under Article 15 bumping process.  This would assume that you are capable of performing, able to preform the work with no training and only a familiarization period, and provide you with 90 days income protection.

If I am laid off do I have to train the person replacing me?
This decision is would fall under management rights under Article 3.1.  The employer may ask you to prepare documentation, train an incoming employee, and or other means to onboard the incoming incumbent.

What if I am not comfortable training my replacement?
This decision is would fall under management rights under Article 3.1.  The union recommendation is to work outgoing manager and or Human Resources.  The decision is ultimately the College's but consideration could be made by the College.  The union can support you in these requests.

When will I be moved to my new positions?
This decision is would fall under management rights under Article 3.1.  The outgoing and incoming managers will work together to determine an appropriate timing.

Question 8

Employment Stability Funds

Accepted Answer

What is the Employment Stability Fund?
 • The Employment Stability Fund (ESF) is a special bucket of money available to displaced employees who have been laid off from their position, to support upskilling/retraining, or other opportunities that would make the member more employable or support short-term or long-term employment stability strategies.  
 
​Who administers the Employment Stability Fund?
 • The Employment Stability Fund (ESF) is over seen by the Employment Stability Committee (ESC); both the employer and union side.

How are decisions made in the Employment Stability Fund?
 • The Employment Stability Committee (ESC) looks at each situation independently.  While no formal guiding principals are in place from OPSEU or in the Collective Agreement on how to use the funds, the ESC Local 421 has established the guidelines listed below to support their decisions.  These guidelines may change from time to time depending on the number of people affected and the amount of funds available.

How do I apply for the Employment Stability Funds?
 • You can use the link below to apply.

ESC Fund Guidelines 
A hybrid approach to ESF application will be used.  This will allow for a balanced responsiveness for urgent needs while also allowing for a comprehensive collective decision-making for larger or less time-sensitive requests.

Hybrid Approach
 • Initial Screening: Conduct an initial screening on a rolling basis to provide immediate support for urgent cases.    -  A limit of $2500.00 per person for immediate consideration.
 • Periodic Review: Hold regular review sessions to assess and prioritize applications collectively.  - Any applications exceeding this limit will be reviewed after all submissions have been considered in each round of bumping.

Committee Evaluation Framework
1. Initial Screening
 • Eligibility Check: Verify that the applicant meets the basic eligibility criteria (e.g., displaced employee status -person laid off or on recall list, intended use of funds).
 • Completeness Review: Ensure all required information and supporting documents are included in the application.
2. Detailed Evaluation Criteria
 • Relevance to Career Goals and Potential Impact: Assess how well the proposed use of funds aligns with the applicant’s career goals or business plans. Consider the potential impact of the funding on the applicant’s career development or business success. Including Supporting Information: Review the quality and relevance of the supporting documents provided (e.g., course descriptions, business plans).  Pass/Fail
 • Feasibility: Evaluate the feasibility of the proposed activities, including the timeline and budget. Pass/Fail
3. Committee Review: Consensus - Hold a committee meeting to discuss the applications for consensus.
4. Approval and Notification: Inform applicants of the committee’s decision and the rationale for approving or rejecting. Provide feedback and the next steps for approved applications or request further information.

Full-Time Support Staff Layoff Information