Non-Affected Members Wishing to Leave the Federal Public Service before their Originally Planned Retirement Date May Consider Alternation :: Association of Justice Counsel News
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June 12th, 2012
June 12th, 2012
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Non-Affected Members Wishing to Leave the Federal Public Service before their Originally Planned Retirement Date May Consider Alternation

As you have no doubt noticed, in the last month or so, the AJC has been focussing its communications primarily in relation to members who have received notice from the Department of Justice, where the greatest number of our members have been affected.  There have been a lot of questions and misinformation relating to the Work Force Adjustment Process and we continue to push forward in clarifying any inaccuracies we become aware of.
  
Not only have affected members been misinformed, we are advised by some of our members who have not been affected that they too, in some instances, are  being misinformed by their managers on their right or eligibility to be considered for alternation.  As a result, certain non-affected members have decided not to volunteer for alternation via the online GC Forums or departmental online forum at the «HR and You» Workforce Management Website at the following address: http://jusnet.justice.gc.ca/hr_e/wfm-ge/asp/a-ep.aspx. Please note that only Justice employees have access to this latter address.

In fact, managers are in some cases rejecting requests without the benefit of conducting an assessment as required under the Work Force Adjustment Directive. We have received reports of cases where managers have told our members that they require more notice, that they are of the view that eligibility requirements have not been met or that they are simply opposed to the idea.

As alternation is part of a collective agreement right, it is the AJC's view that none of these reasons allegedly offered by certain DOJ managers substantiate or support the intended purpose of the alternation process.  An assessment of the skill requirements of the opting employee wishing to participate in the alternation process must, in our view, be made before a decision on the part of management can be made and then, justified.  Due process must be followed.  After all, management has a contractual obligation to act in a reasonable, good faith and non-arbitrary way in its application and interpretation of the collective agreement.  The AJC will therefore continue to fulfill its role by promoting compliance and challenging non-compliance as appropriate.
  
As part of our objective to ensure members remain informed and due to recent complaints received by our members that the departments are not disseminating much on the issue of alternation, you will find FAQs regarding alternation for non-affected LAs on the AJC website. You will also find WFA FAQs on the Treasury Board Web Site and on the AJC Web Site. You can refer to our previous communiques on WFA issued on April 30 and June 1st.


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