Stewards
February 7, 2012
Resource for Stewards:
Workforce Adjustment and Merit Assessment
As rounds of cuts and lay-offs begin in the federal public service we need to remain vigilant about the Workforce Adjustment Appendix and ensure that departments are dealing with affected employees fairly. A merit assessment is used by managers to decide who will become surplus.
“This is the same merit assessment used by the employer in the staffing process, so many union members in the public service will be familiar with it,” says Allison Pilon, PSAC Workforce Adjustment Officer. “The challenge is that management has a great deal of discretion in assessing merit.”
It is important that the union establish Workforce Adjustment Committees at national, regional or even local levels, depending on the affected department. These committees – and all members – will need to watch that the merit assessment is not being used to screen out people unfairly. Declaring a qualified employee surplus because management is unwilling to accommodate their physical disability is an example of unfair treatment.
“Management has so much flexibility in the merit assessment process that we have to make sure that fairness prevails. Favouritism and discriminatory practices happen in the workplace and management may use the ‘right fit' criteria to ‘surplus' certain employees,” says Pilon.
The Joint Workforce Adjustment Committee is the venue to put forward union-friendly criteria in the merit process. By ensuring that seniority is included, we can protect those with greater years of service. And by including employment equity guidelines, we can ensure that equity groups aren't disproportionately hit.
“Statistics show that in the last big round of cuts to federal public service employees in the 90s, people with disabilities and Aboriginal people were more negatively impacted,” says Pilon. “Whether their departures were voluntary or the result of layoffs is unknown. But the employer does have a duty to accommodate employees with disabilities. We must make sure this is respected.
At the end of the day management makes the decisions about who is declared surplus. The employer is obligated to follow the guiding values of fairness, transparency and access. Managers are also responsible for ensuring that their workforce is representative of the Canadian population. The union must hold the employer accountable to its commitments in these areas.
If individuals believe that the process is unfair, they can file a complaint under Section 65 of the Public Service Employment Act using “abuse of authority” as the category for the complaint. It is important to note that the bar for a complaint to be founded is high -- there would have to be a serious flaw in the process for the complaint to proceed. If a person believes that they have been discriminated against, they can file a Section 65 complaint and also give notice to the Canadian Human Rights Commission.
We know that the upcoming cuts will be very difficult for affected individuals, for union representatives who are working to defend these members and to our union itself. Please refer to the WFA page of the PSAC website for information and tools to assist you.
Date Modified : 2012/02/07
