Common use of Transfer to existing Employers Clause in Contracts

Transfer to existing Employers. In all other ASD initiatives where an employer-employee relationship already exists the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer. In the cases of commercialization and creation of new agencies consultation opportunities will be given to the PSAC component(s); however, in the event that agreements are not possible, the CRA may still proceed with the transfer. 7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this part and, only where specifically indicated will other provisions of this Appendix apply to them. ** 7.2.2 There are three types of transitional employment arrangements resulting from alternative delivery initiatives: a. Type 1 (Full Continuity) i. legislated successor rights apply; specific conditions for successor rights applications will be determined by the labour legislation governing the new employer; ii. recognition of continuous employment in the public service, as defined in the Directive on Terms and Conditions of Employment, for purposes of determining the employee's entitlements under the collective agreement continued due to the application of successor rights; iii. pension arrangements according to the Statement of Pension Principles set out in Annex A, or, in cases where the test of reasonableness set out in that Statement is not met, payment of a lump-sum to employees pursuant to section 7.7.3; iv. transitional employment guarantee: a two (2) year minimum employment guarantee with the new employer; v. coverage in each of the following core benefits: health benefits, long term disability (LTD) insurance (LTDI) and dental plan; vi. short-term disability bridging: recognition of the employee's earned but unused sick leave credits up to maximum of the new employer's LTDI waiting period. b. Type 2 (Substantial Continuity) i. the average new hourly salary offered by the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five percent (85%) or greater of the group's current CRA hourly remuneration (= pay + equal pay adjustments + supervisory differential), when the hours of work are the same; ii. the average annual salary of the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five percent (85%) or greater of CRA annual remuneration (= pay + equal pay adjustments + supervisory differential), when the hours of work are different; iii. pension arrangements according to the Statement of Pension Principles as set out in Annex A, or in cases where the test of reasonableness set out in that Statement is not met, payment of a lump-sum to employees pursuant to section 7.7.3; iv. transitional employment guarantee: employment tenure equivalent to that of the permanent work force in receiving organizations or a two (2) year minimum employment guarantee; v. coverage in each area of the following core benefits: health benefits, long-term disability LTD insurance (LTDI) and dental plan; vi. short-term disability arrangement. c. Type 3 (Lesser Continuity)

Transfer to existing Employers. In all other ASD initiatives where an employer-employee relationship already exists the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer. In the cases of commercialization commercialisation and creation of new agencies consultation opportunities will be given to the PSAC component(s)Ccomponent; however, in the event that agreements are not possible, the CRA may still proceed with the transfer. 7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this part and, only where specifically indicated will other provisions of this Appendix apply to them. **. 7.2.2 There are three types of transitional employment arrangements resulting from alternative delivery initiatives: a. Type 1 (Full Continuity)) Type 1 arrangements meet all of the following criteria: i. legislated successor rights apply; specific conditions for successor rights applications will be determined by the labour legislation governing the new employer; ii. recognition of continuous employment in the public service, as defined in the Directive on Terms and Conditions of Employment, for purposes of determining the employee's entitlements under the collective agreement continued due to the application of successor rights; iii. pension arrangements according to the Statement of Pension Principles set out in Annex A, or, in cases where the test of reasonableness set out in that Statement is not met, payment of a lump-sum to employees pursuant to section 7.7.3; iv. transitional employment guarantee: a two (2) year minimum employment guarantee with the new employer; v. coverage in each of the following core benefits: health benefits, long term disability (LTD) insurance (LTDI) and dental plan; vi. short-term disability bridging: recognition of the employee's earned but unused sick leave credits up to maximum of the new employer's LTDI LTD waiting period. b. Type 2 (Substantial Continuity)) Type 2 arrangements meet all of the following criteria: i. the average new hourly salary offered by the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five percent (85%) or greater of the group's current CRA hourly remuneration (= pay + equal pay adjustments + supervisory differential), when the hours of work are the same; ii. the average annual salary of the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five percent (85%) or greater of CRA annual remuneration (= pay + equal pay adjustments + supervisory differential), when the hours of work are different; iii. pension arrangements according to the Statement of Pension Principles as set out in Annex A, or in cases where the test of reasonableness set out in that Statement is not met, payment of a lump-sum to employees pursuant to section 7.7.3; iv. transitional employment guarantee: employment tenure equivalent to that of the permanent work force in receiving organizations or a two (2) year minimum employment guarantee; v. coverage in each area of the following core benefits: health benefits, long-term disability LTD insurance (LTDI) and dental plan; vi. short-term disability arrangement. c. Type 3 (Lesser Continuity)) A Type 3 arrangement is any alternative delivery initiative that does not meet the criteria applying in Type 1 and 2 transitional employment arrangements. 7.2.3 For Type 1 and Type 2 transitional employment arrangements, the offer of employment from the new employer will be deemed to constitute a reasonable job offer for purposes of this part. 7.2.4 For Type 3 transitional employment arrangements, an offer of employment from the new employer will not be deemed to constitute a reasonable job offer for purposes of this part.

Transfer to existing Employers. In all other ASD initiatives where an employer-employee relationship already exists the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer. In the cases of commercialization commercialisation and creation of new agencies consultation opportunities will be given to the PSAC component(s)Alliance; however, in the event that agreements are not possible, the CRA Agency may still proceed with the transfer. 7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendixappendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this part and, only where specifically indicated will other provisions of this Appendix apply to them. **in 7.2.2 There are three types of transitional employment arrangements resulting from alternative delivery initiatives: a. a) Type 1 (Full Continuity) i. (i) legislated successor rights apply; specific . Specific conditions for successor rights applications will be determined by the labour legislation governing the new employer; (ii. ) recognition of continuous employment in the public servicePublic Service, as defined in the Directive on Terms adoptedPublic ServiceTerms and Conditions of Employment, for Employmentfor purposes of determining the employee's ’s entitlements under the collective agreement continued due to the application of successor rightsrights ; (iii. ) pension arrangements according to the Statement of Pension Principles set out in Annex A, or, in cases where the test of reasonableness set out in that Statement is not met, payment of a lump-sum to employees pursuant to section paragraph 7.7.3; (iv. ) transitional employment guarantee: a two (2) two-year minimum employment guarantee with the new employer; v. (v) coverage in each of the following core benefits: health benefits, long term disability (LTD) insurance (LTDI) and dental plan; (vi. ) short-term disability bridging: recognition of the employee's ’s earned but unused sick leave credits up to maximum of the new employer's ’s LTDI waiting period. b. b) Type 2 (Substantial Continuity) i. (i) the average new hourly salary offered by the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five 85 percent (85%) or greater of the group's ’s current CRA Agency hourly remuneration (= pay + equal pay adjustments + supervisory differential), when the hours of work are the same; (ii. ) the average annual salary of the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five 85 percent (85%) or greater of CRA Agency annual remuneration (= percent or greater of Agency annual remuneration (= pay + equal pay adjustments + supervisory differential), when the hours of work are different; (iii. ) pension arrangements according to the Statement of Pension Principles as set out in Annex A, or in cases where the test of reasonableness set out in that Statement is not met, payment of a lump-sum to employees pursuant to section paragraph 7.7.3; (iv. ) transitional employment guarantee: employment tenure equivalent to that of the permanent work force in receiving organizations or a two (2) two-year minimum employment guarantee; v. (v) coverage in each area of the following core benefits: health benefits, long-term disability LTD insurance (LTDI) and dental plan; (vi. ) short-term disability arrangement. c. c) Type 3 (Lesser Continuity)