bumping process_general service (gs) 2013

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Bumping ProcessGeneral Service

Collective Agreement

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Disclaimer 

• The process is guided by Article 35 of theGeneral Service (GS) CollectiveAgreement.

• If there are any discrepancies betweeninformation in this presentation and the

official, signed version of the GS CollectiveAgreement, the latter shall be thesuperseding document.

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What is bumping?

• Bumping is a collective agreement provisionwhich allows more senior workers who havebeen laid off to displace less senior employees.

• The senior worker must be qualified and able toperform the duties required of the position inquestion.

• The process involves assessing the candidate inrelation to the position not to other employees.

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Contact your Shop

Steward

• If you are laid off, the first thing you should dois contact your Shop Steward.

• If you do not know who your local ShopSteward is, please contact NAPE:

• St. J ohn’s Office: 754-0700 or 1-800-563-4442• Grand Falls-Windsor Office: 489.6619• Corner Brook Office: 639-8171

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Article 35 – Layoff,

Bumping and Recall

• The process is guided by Article 35 of theGeneral Service (GS) CollectiveAgreement.

• 3 distinct employee groups:

1. Permanent employees

2. Seasonal employees

3. Temporary employees

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Bumping - Examples

• Permanent employees can bump seasonal and temporaryemployees with less than 24 months seniority regardless of theactual seniority of the permanent employee.

– EXAMPLE: permanent employee with one month seniority can bump aseasonal employee with 15 months seniority or a temporary employee

with 23 months seniority.

• A permanent employee can bump seasonal or temporary employeeswith more than 24 months seniority provided the permanentemployee has more actual seniority than the seasonal or temporaryemployee being bumped.

– EXAMPLE: a seasonal or temporary employee with three (3) yearsseniority can only be bumped by a permanent employee with more thanthree (3) years seniority.

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Bumping - Examples

• Seasonal employees can bump temporary employees withless than 24 months seniority regardless of the actualseniority of the seasonal employee.

– EXAMPLE: a seasonal employee with three (3) months seniority

can bump a temporary employee with 23 months seniority.

• A seasonal employee can bump a temporary employee withmore than 24 months seniority provided the seasonalemployee has more actual seniority than the temporaryemployee being bumped.

– EXAMPLE: a temporary employee with three (3) years senioritycan only be bumped by a seasonal employee with more thanthree (3) years of seniority.

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Important Definitions

• Headquarters: Each building/work location isto be considered a headquarters. TheConfederation Complex is considered a

single headquarters.• Headquarters area: is the community in

which the headquarters/work location is

situated. Communities which areimmediately adjacent will be considered asone (1) headquarters area.

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Definitions - continued

• Bumping districts: The Province, forlayoff, recall and bumping purposes, isbroken down into five (5) districts with

these districts being applicable to alldepartments.

• Provincial Parks: Each provincial park is

considered a separate headquarters areawithin its respective departmental district.

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Bumping Districts Map

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3 Levels of Bumping

• Bumping options (for permanent employees)can be broken down into 3 “levels”

• Level 1 – Within Headquarters

• Level 2 – Within Headquarters Area

• Level 3 – Bumping districts

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“Level 1” Bumping

Location: Headquarters

• Option 1 - junior permanent, same classification

• Option 2 – junior permanent equivalent classification

• Option 3 – junior temporary same classification

• Option 4 – junior temporary equivalent classification

• Option 5 – choose to bump to lower classification

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“Level 2” Bumping

Location: Headquarters Area

• NOTE: No bump at equivalent level available

at HQ level and choose not to bump to lowerlevel

• A – bump the junior equivalent classificationregardless of employment status

• If notA then go to next step (B)

• B – bump the next junior in equivalentclassification grouping until successful

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“Level 2” (continued)

• If not successful, 3 choices:

• X: go back to headquarters and bumpdown

• Y: go to region and bump at same

classification level• Z: go across department

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“Level 3” Bumping

• If not successful or satisfied at Level 1 orLevel 2 you have the option of going backto your own department and bumpingdown to the next level.

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Bumping - Qualifications

Minimum qualifications can be identified byexercising reasonable judgment when consideringthe following: 

• An accurate J ob Description of the position in question;

• The primary duties of the position;

• Requirements for special licenses or professional memberships;

• A reasonable estimate of the Education and Experience required to

perform the primary duties of the position;• Equivalencies may need to be considered;

• History of the incumbents who have been placed in the positionpreviously.

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Bumping - Assessment

• The assessment must:– Focus on job skills required to perform essential

duties of the position.

– Utilize assessment tools which are reasonable andare consistently applied.

– Test if necessary (i.e. typing tests, software utilization,etc.)

– Consider reasonable accommodation as prescribed

by the Human Rights Code.– Cannot screen on the basis of “in-house”

programs/manuals/regulations

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Employer / Employee

Responsibilities

• The Employer is to supply the options for employees toconsider.

• Permanent employees have 30 days to bump

• Temporary employees have 10 days to bump

• Employees satisfy their obligation to demonstrate possessionof essential job skills through a resume.

• Rejection of an employee’s request to be given in written formwith a rationalization of the reasons for the decision.

• In most circumstances, the employee must be able to perform

the primary duties of the position within 3 - 5 days of startingwork (brief orientation included)

• This time frame allows for general orientation only, not forbasic training or skill development.

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Bumping Coordination

• Bumps within Departments will becoordinated by the Departmental BumpingCoordinator.

• The Departmental Bumping Coordinator willbe a member of Strategic Human Resources.

• Bumps outside Departments will becoordinated by the Central BumpingCoordinator.

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Additional Info

• Permanents who bump into Temporary orSeasonal positions retain permanentstatus.

• Permanents are restricted to requesting abump outside of their Department within 14days notice of layoff.

• Permanent employees who have beenbumped receive the remaining notice fromthe original layoff notice. However, in allsituations, a minimum of 48 hours notice of layoff subject to total period of 30 days.

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Temporary Bumping

• The previous slides mainly dealt with thebumping process for PermanentEmployees

• By and large, the process for temporaryemployees is the same for permanentemployees but ONLY in their own

department

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Problem with bumping

process?

• If you or your Shop Steward feels thatthere has been a problem with thebumping process:

1. File a grievance

2. Move on to the next available

bump

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Questions, comments

concerns?

• Step 1 – Take a look at Article 35 of yourCollective Agreement (available at

www.nape.nf.ca)

• Step 2 – Contact your Local Shop Steward

• Step 3 – Contact an Employee RelationsOfficer (ERO) at NAPE (see slide 4)

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