Agreement Between the Former City of Toronto

and COTAPSAI (City of Toronto Administrative,

Professional Supervisory Association, Incorporated)

(City Council on October 1 and 2, 1998, deferred consideration of this Clause to the next regular meeting of City Council to be held on October 28, 1998.)

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 re-organizations 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 re-organizations, 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 if 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.

_______

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.)

(City Council on October 1 and 2, 1998, had before it, during consideration of the foregoing Clause, the following report (September 29, 1998) from the Executive Director, Human Resources:

Recommendations:

It is recommended that:

(1)the correspondence from COTAPSAI be received; and

(2)the current practice continue; that letters to employees confirming eligibility for a separation package as a result of position termination be sent at the time it is determined that they cannot be placed in an equivalent position.

Background:

At its meeting on September 14, 1998, Corporate Services Committee had before it correspondence from COTAPSAI expressing concern about adherence to provisions in the agreement between COTAPSAI and the former City of Toronto with respect to the separation program. Corporate Services Committee requested that staff report directly to City Council on the matter.

Comments/Discussion:

In its correspondence to Corporate Services Committee, COTAPSAI recommended:

"(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."

COTAPSAI's explanation, as I understand it, is that these recommendations are to address a specific concern; that when employees have been displaced from their old job and placed into alternative positions at the lower salary that they receive a letter indicating that they are eligible to participate in the separation program. It should be noted that COTAPSAI has not provided us with any specific examples of this situation having occurred to date.

In accordance with City Council's decision of June 3, 1998, the City has provided the former City of Toronto separation package to those eligible employees covered by the COTAPSAI agreement. Because of the nature of the restructuring and promotion process, however, the letter to displaced employees that was sent to employees in COTAPSAI in the past is not applicable in the current situation.

Displaced employees are generally eligible to compete for a position at the next two levels down in the organization depending on their level of responsibility in their former municipality and the requirements of the position for which they are applying. Most often, at the time of displacement the next levels have not been finalized. As such, employees are offered the opportunity to continue in their function or alternative work to allow for this option. In many cases, a position one level down is equivalent to the scope, responsibility and salary of their former position. A letter at this stage advising the employee that they are eligible for the exit program is not often applicable because the process of redeployment is not complete and the full extent of their options is not known. Therefore, given that circumstances differ from that which existed in the former City of Toronto the intent of the memorandum of understanding has been followed.

It is recommended that COTAPSAI employees continue to be offered this flexibility to consider their options and that letters confirming eligibility for a separation package as a result of position termination be sent at the completion of the above described process in cases where the employee cannot be placed in a position at the equivalent level, as has been the current practice.

Contact Name and Telephone Number:

Alison Anderson, Director, Human Resources, Employment Services

392-5028.)