Agreement Between the Former City of Toronto

and COTAPSAI (City of Toronto Administrative,

Professional Supervisory Association, Incorporated

The Corporate Services Committee recommends the adoption of Recommendations (a) and (b) embodied in the following communication (August 31, 1998) from the President, City of Toronto Administrative, Professional Supervisory Association, Incorporated, (COTAPSAI) viz:

"(a)that the City be directed to adhere to Existing Exit Program for those eligible in accordance with the recommendations adopted by City Council on June 3, 1998; and

(b)that the City undertake to apply those provisions to those eligible employees that remain in the City's employment that have been appointed to alternative positions but at a lower wage grade since amalgamation;";

and reports having requested the Executive Director of Human Resources to submit a report thereon to Council for its meeting scheduled to be held on October 1, 1998.

I am writing to you to express our deep concerns about the lack of adherence to several key provisions in the agreement between COTAPSAI and the former City of Toronto. As you know, the adoption by City Council of the recommendations of the Commissioner of Corporate Services on June 3, 1998, ensured that the terms and conditions of employment for non-union employees covered by our agreement will continue until appropriate notice is given respecting any changes or amendments to their terms and conditions of employment and until such time as the appropriate notice period has been completed (Recommendation No. (4) embodied in Clause No. 3 of Report No. 7 of the Corporate Services Committee.)

Background:

In accordance with Appendix "N" of the Consolidated Memorandum of Understanding, an employee is eligible to participate in the Exit and Retirement Incentives for Surplus Employees if the employee's position has been eliminated by streamlining or operating budget reduction approved by City Council, and the employee has been placed into an alternative position, but at a lower salary grade (with salary protection).

During the first few Department and Division reorganization in 1998, several situations have arisen where such eligible employees have been placed into alternative positions at lower salary grades. These eligible employees no longer maintain any of their previous management responsibilities. In past reorganizations, when this situation did arise, the employee was given a letter by the City indicating that they were eligible for the Exit Program. I have attached a sample of one of these letters. I can provide other is you wish.

Our Association has repeatedly raised concerns with management in Human Resources in Corporate Services that these employees are eligible to receive the same letter, but to no avail. We believe that City Council and the Members of Corporate Services intended that the City honour the agreement until such time that appropriate notice is given respecting changes or amendments to their terms and conditions and until such time as the appropriate notice period has been completed. No such notice has been given. The agreement remains in effect.

Recommendations:

Therefore, we recommend that Corporate Services and Personnel Committees adopt the following recommendations:

(a)That the City be directed to adhere to Existing Exit Program for those eligible in accordance with the recommendations adopted by City Council on June 3, 1998; and

(b)That the City undertake to apply those provisions to those eligible employees that remain in the City's employment that have been appointed to alternative positions but at a lower wage grade since amalgamation.

On behalf of all our members throughout the City of Toronto, I welcome the opportunity to bring our concerns forward to the next Corporate Services Committee for consideration.

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Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association, Incorporated, (COTAPSAI) appeared before the Corporate Services Committee in connection with the foregoing matter.

(A copy of the sample letter given to employees by the former City of Toronto indicating that they were eligible for the Exit Program, was forwarded to all Members of Council with the September 14, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)