NORTHWEST TERRITORIES LAND AND RESOURCES DEVOLUTION AGREEMENT EMPLOYEE INFORMATION GUIDE FOR IMPACTED FEDERAL EMPLOYEES

Transcription

1 NORTHWEST TERRITORIES LAND AND RESOURCES DEVOLUTION AGREEMENT EMPLOYEE INFORMATION GUIDE FOR IMPACTED FEDERAL EMPLOYEES Table of Contents Welcome... 2 Introduction... 3 The Devolution Human Resource Package Offers of Employment Employment Protection Probationary Period Recognition of Prior Service Vacation Leave... 5 Leave Table Mandatory Leave with Pay Sick Leave Pension Plan Benefit Plans Existing Leave Without Pay and Other Assignments Location of your Position Northern Allowance Compensation Transitional Allowance Term Employees Job Description Review Severance Pay Target Effective Date Other GNWT Terms and Conditions of Employment... 5 Questions and Answers... 4 Offers of Employment... 5 Employment Protection... 5 Probationary Period... 5 Government of the Northwest Territories Departments... 4 Contact Information... 4 March 18, 2013 Office of Devolution 1

2 WELCOME! The Government of the Northwest Territories (GNWT) is very much looking forward to welcoming impacted federal employees into the GNWT as a result of devolution. We know that you have valuable experience and knowledge, and that you are the reason federal programs and services have been implemented so successfully in the NWT. We also look forward to working directly with many of you whom we already know, not only as colleagues, but also as friends, neighbours, fellow volunteers and leaders in our communities. This guide is intended to provide you with as much information as possible so that you can make informed decisions about your future. It is important to us that the implementation of devolution is as seamless a transition as possible; a significant part of this is the human component and ensuring a smooth transition for those of you who accept our offer is a top priority. We believe we have a lot to offer. Recognised nationally as one of Canada s Top 100 Employers, and also as a Top Diversity Employer, for 2013, the GNWT can offer you excellent terms of employment and an overall work context that is very attractive. We were awarded the Top 100 Employer status based on eight criteria, including: physical workplace; work atmosphere; health, financial, and family benefits; vacation and time off; employee communications; performance management; training and skills development; and community involvement. You may already be aware of some of our most popular terms of employment, which include: Excellent compensation and benefits packages Generous leave allowances, including vacation time, civic leave, special leave, parental leave and deferred salary leave 5 paid days off during the Christmas holiday season Family friendly work context, including maternity and paternity leave, and flex time The GNWT currently employs approximately 5,000 public servants who provide programs and services across the NWT. The size of our workforce allows our employees to champion projects that are acted upon to make a difference in our communities. The ability to make a difference empowers our employees and allows them the freedom, within their job descriptions, to work on projects that are meaningful and worthwhile. This guide contains important information about the Government of the Northwest Territories, our human resource processes and employee benefits. Should you have any questions as you review this guide, please contact staff at the Office of Devolution or the Department of Human Resources, who will be happy to answer your questions about our dynamic organization. We will continue to share further information as implementation of the Devolution Agreement moves forward. We hope you look forward to joining us in the near future! March 18, 2013 Office of Devolution 2

3 Introduction This GNWT wants to ensure that federal employees impacted by the Northwest Territories Lands and Resources Devolution Agreement (The Devolution Agreement) to understand: - changes that will be occurring to the structure of the Government of the Northwest Territories, - the process for implementing these changes as they relate to your current or future jobs, and - information on the devolution human resource package provided by the GNWT and Canada. Please note that this is corporate information and for reference only. The guide does not include information on individual job offers, nor does it create any obligations or rights. For greater certainty, in the case of a conflict or inconsistency between this booklet and the provisions of the Devolution Agreement, the provisions of the Devolution Agreement shall prevail. NOTE: Chapter 7 of the Devolution Agreement identifies the human resources matters that have been negotiated between the parties. To complete the human resources process the GNWT will also need to seek the agreement of the Union of Northern Workers to alter terms and conditions of employment to accommodate elements of Chapter 7, including the transition allowance and allowing employees to bring over sick leave days from Canada. March 18, 2013 Office of Devolution 3

4 THE DEVOLUTION HUMAN RESOURCE PACKAGE 1. Offers of Employment (Section in the Devolution Agreement) The GNWT will provide written offers of employment to each employee of Aboriginal Affairs and Northern Development Canada (AANDC) deemed impacted as a result of the Agreement where Canada has determined it will deliver a Notice of Alternative Delivery Initiative to such employees. Canada will send a Notice of Alternative Delivery Initiative to employees on the same date that the GNWT sends the written offer of employment. For further information regarding employee rights and benefits regarding the Federal Workforce Adjustment Directive or equivalent provisions of collective agreements that cover affected employees, please contact your AANDC Human Resources office, your union representative or please refer to the AANDC Employee Guide regarding Workforce Adjustment. Impacted employees will not only be from transferring program areas, but will also include staff in other key support areas. The final determination of who is impacted will be made by AANDC. Offers of employment will be made by the GNWT to all employees identified, no later than 6 months prior to effective date. Your offer of employment will be in the home community of your substantive position and will match as closely as possible the position s roles and responsibilities. You will have 60 days from the date of receipt of your Notice of Alternate Delivery Initiative and offer of employment to accept or refuse the offer in writing. If you choose not to accept the GNWT job offer, you should discuss the implications with AANDC Human Resources regarding your ongoing employment with the Government of Canada. The GNWT will be creating new positions for transferring functions. Each job description will be evaluated using our gender neutral job evaluation system. This process will determine the pay range for each job. When a job offer is being created we will compare the compensation of your substantive position (Federal Compensation) with GNWT compensation and if necessary, preserve overall compensation, for a period of 5 years from the date of implementation, through a transition allowance (7.43). Components of Federal Compensation in Devolution Agreement (substantive position): Salary (including Supervisory differential and Salary adjustments) Federal pension contribution Federal vacation leave value Environmental allowance Cost of living differential allowance Shelter cost differential allowance March 18, 2013 Office of Devolution 4

5 Fuel and utilities differential allowance Vacation travel assistance Components of GNWT Compensation in Devolution Agreement: Salary Northern allowance GNWT vacation leave value GNWT employer pension contributions 2. Employment protection In accordance with the federal workforce adjustment directive all affected employees who accept job offers from the GNWT will be provided with 2 years of employment protection meaning you cannot be laid off during that period. 3. Probationary period (Section in the Devolution Agreement) If you are still in your probationary period with AANDC, you will be required to complete your probationary period with the GNWT. If you have completed your probationary period you will not be required to serve one with the GNWT. 4. Recognition of prior service The GNWT will recognize both your previous federal and territorial completed years of service in determining your annual leave entitlements. 5. Vacation leave (Section in the Devolution Agreement) The amount of annual leave you are entitled to is based on your completed years of federal and territorial service. Your annual leave entitlement will be at least equal to your current federal entitlement. For all staff including senior managers, in addition you can bring with you unused annual leave up to one year s worth of entitlement. With the GNWT you will be able to access your entire year s vacation entitlement on the first day of the fiscal year. Below is a table that shows the leave you are entitled to by years of service for all employees except Senior Managers: Years of Service Hourly Entitlement Days earned per Year (approx.) 0-2 years years years years years March 18, 2013 Office of Devolution 5

6 Senior Managers You earn vacation leave each month in which you earn at least one day s pay: Completed Years of Continuous Employment Hourly Entitlement less than one one or more, less than or more, less than or more, less than or more Mandatory leave with pay ( Donnie days) Days earned per Year (approx.) The GNWT has one week of mandatory leave with pay also known as Donnie Days taken during the Christmas Season unless you are working in a position designated as continuous and due to the nature of your work, programs and services are provided during the five days that are designated as mandatory leave with pay days. These days are in addition to vacation leave. Most transferring employees will be designated as non-continuous employees who will take the set mandatory days off at Christmas. Employees who are designated as continuous schedule their mandatory leave days throughout the year. 7. Sick leave (Section 7.30 in the Devolution Agreement) You will be able to bring over to the GNWT any unused sick leave you have accumulated. As a GNWT employee you will start immediately to earn sick leave. 8. Pension plan (Section 7.29 in the Devolution Agreement) The GNWT is a member of the federal superannuation plan. You will simply continue uninterrupted in the same pension plan. 9. Benefit plans (Section in the Devolution Agreement) The GNWT participates in federal insurances. You will continue uninterrupted in that plan. The GNWT has its own dental plan. You will be enrolled immediately in the GNWT dental plan with no waiting period. 10. Existing Leave Without Pay and Other Assignments (Section 7.34 in the Devolution Agreement) March 18, 2013 Office of Devolution 6

7 If you are on leave without pay or another assignment and you wish to continue on that leave or assignment, you must request in writing to your new Deputy Minister to do so. You must make your request within 20 days of receiving your offer of employment. The response from the Deputy Minister will be provided within 40 days of your written job offer. 11. Location of Your Position Your location of your new position will be in the same community as your current position. 12. Northern Allowance (Section 7.38 in the Devolution Agreement) You will be paid a Northern Allowance based on the location of your position in accordance with GNWT terms and conditions of employment. Specific information on northern allowance by community is included on Department of Human Resources website. 13. Compensation (Section in the Devolution Agreement) If your federal compensation changes prior to transfer day your compensation will be updated to reflect new rates. Transitional Allowance ( ) If you are eligible to receive a transition allowance it will remain in place for up to five (5) years, if you remain in your original position of hire. The allowance will be recalculated annually. The transition allowance will be paid annually in a lump sum on the first day of the 3 rd month following the transfer date. If the transfer date is April 1, 2014 the lump sum would be paid to you on July 1 st. The transition allowance is non-pensionable. 14. Job Description Review Under GNWT terms and conditions of employment, if you do not agree with the contents of your job description you can speak with your supervisor to ensure that the job description is an accurate description of the work you do. You can also appeal the evaluation of your job under the Hay job evaluation system. 15. Severance Pay The GNWT has no responsibility to pay severance pay for service prior to effective date. For more information regarding severance pay from the Federal Public Service and under the Workforce Adjustment Directive, you should consult your AANDC human resources staff. March 18, 2013 Office of Devolution 7

8 16. Target Effective date We are targeting April 1, 2014 as transfer date. All timelines related to job offers are based on that target date. We will keep you up to date on any developments that may impact that date. 17. Other GNWT terms and conditions of employment Your employment with the GNWT will be governed by GNWT terms and conditions of employment including: UNW Collective Agreement Excluded Employees Handbook Senior Managers Handbook Public Service Act You can access these documents on the GNWT Department of Human Resources website. Information for both AANDC and GNWT employees on devolution and the transfer process can also be found on the GNWT s devolution website. March 18, 2013 Office of Devolution 8

9 QUESTION AND ANSWERS What is Devolution? Devolution is moving authorities, programs and services from one level of government to another. There have been a number of devolutions between Canada and the GNWT, including education, health care, forestry and now land, water and resource management. How is Devolution impacting Me? As an impacted Employee with AANDC, Devolution will create some changes in your employment, some changes that may occur include: 1. Where will I be located? Through Devolution the GNWT will be restructuring its current departments to incorporate the new functions being transferred. Existing GNWT divisions and newly transferred roles will be integrated into these new departments. This will mean changes for both GNWT and impacted Federal employees. Depending on your existing position, your office and some co-workers may change. Job offers to impacted federal employees will be for the home community of your substantive position. 2. Will I still have the same pay? Your overall annual compensation package may change, but you will at a minimum receive the same level of compensation based on the formula negotiated between the parties. You may notice a difference to your pay cheques, as well. Base pay in the GNWT reflects cost of living in Yellowknife, so items such as the federal cost of living differential allowance, shelter cost differential allowance, fuel and utilities differential allowance and vacation travel assistance are included in GNWT base salary. This higher base pay is pensionable. You will also receive a Northern Allowance for your community. More information about the Northern Allowance is available at: If your overall compensation in the GNWT is lower than your calculated federal compensation you will receive a transition allowance for up to five (5) years. 3. How is my job impacted by Devolution? Devolution is a transfer of responsibilities from one level of public government to another; you will end your employment with Canada and be offered a job with the GNWT. Your pension, years of service and vacation leave will all be protected through this transfer. March 18, 2013 Office of Devolution 9

10 Government of the Northwest Territories Departments Proposed New or Core Impacted GNWT Departments (As of April 1, 2014) Economic Development, Investment and Tourism (EDIT) Encourage economic self-sufficiency by promoting natural resource industries: agriculture, commercial fishing, traditional economy, trade, tourism, investment, business, manufacturing and secondary industries. Ensure economic development of natural resources without compromising current and future needs. Negotiate government agreements relating to the economic development for natural resource industries. Energy, Mines and Petroleum Resources Manage development of energy, mines and petroleum resources for maximum social and economic benefit of the NWT and its residents. Propose and implement related policy, legislation, management and regulatory structures. Develop, manage and administer an appropriate royalty regime. Develop Energy policy and promote sustainable energy solutions. Support development and use of domestic energy sources and reduction of energy supply costs. Administer acquisition and leasing of mineral and petroleum rights. Environment and Natural Resources (ENR) Environment and Natural Resources develops and enforces environmental, forest and wildlife management legislation and policies. Promotes and manages the sustainable development of natural resources by conserving the air, land, forests, water and wildlife and providing environmental management and assessment. Works with all people and interested organizations to ensure natural resources are used wisely and people understand their part in keeping the environment healthy for the social and economic benefit of all residents. Lands Support and manages the sustainable use of NWT public lands. The Lands Department will administer authority to acquire, buy, sell, lease or dispose of public lands (including quarrying rights) - plus long term tenures not offered by Land and Water Boards (rights of ways, easements etc.). Develop and advance land use policy, including guidance to Boards. Provide expert advice on land management issues and land allocations to other Departments and governments. March 18, 2013 Office of Devolution 10

11 Municipal and Community Affairs Works with community governments to provide a safe, sustainable and healthy environment for community residents. The department also promotes sports and recreation, development of youth, ensures compliance with safety standards, coordinates emergency services and protects consumer rights. Other GNWT Departments Department of Aboriginal Affairs and Intergovernmental Relations (DAAIR) Protects, develops and promotes the interests of the GNWT and NWT residents in the negotiations and implementation of land, resources and self-government. The department also manages the GNWT s intergovernmental relations with federal, provincial, territorial and Aboriginal governments. Aboriginal governments include the Akaitcho First Nations, Dehcho First Nations, Gwich in Tribal Council, Inuvialuit Regional Corporation, NWT Metis Nation, Sahtu Secretariat, and Tłįchǫ Government. Education, Culture and Employment (ECE) Responsible for a wide range of activities, including education, languages, culture, employment and income security, the department provides NWT residents with the opportunity to follow their educational goals and promotes lifelong learning. ECE oversees 50 schools in the NWT. Department of Executive (EXEC) Through offices in this department, key coordination and advisory functions are performed for the Government of the Northwest Territories. Department of Finance (FIN) Manages and obtains the financial resources needed for the GNWT s policies and programs. The department negotiates major financial arrangements with the federal government. March 18, 2013 Office of Devolution 11

12 Department of Health and Social Services (DHSS) Promotes, protects and provides for the health and well-being of the people of the Northwest Territories. Responsible for promotion and prevention programs, protection services, diagnostic and curative services, rehabilitation, continuing care, mental health and addictions services. There are eight health authorities in the NWT that oversee two hospitals and 38 health centres, clinics and/or units. Department of Human Resources (DHR) The Department of Human Resources supports excellence in the GNWT public service through the shared-service delivery of innovative, quality human resource services. The Department of Human Resources delivers human resource programs; provides GNWT managers and supervisors with advice and guidance in all areas of human resource management and provides services to employees in the areas of pay and benefits administration. Department of Justice (DOJ) Administers justice, including policing and corrections, in the Northwest Territories. Also responsible for Community Justice and Victims Services. The Courts of the Northwest Territories are organized and administered in a system similar to that of courts elsewhere in Canada, and are dedicated to giving the Northwest Territories public access to justice on the same standard as in courts in other parts of Canada. Public Works and Services (PWS) An essential partner in the achievement of government goals through the provision of high quality services, expert support and innovative leadership in asset management, information and communication technology, procurement, and records management. It also provides electrical, gas and boiler/pressure vessel regulatory safety services to the public, and makes essential petroleum products available for sale to the public where these products are not provided by the private sector. As the largest activity in the department, asset management includes the design, construction, acquisition, operation and maintenance of buildings, works and equipment. March 18, 2013 Office of Devolution 12

13 Department of Transportation (DOT) Involved in all facets of planning, designing, constructing, operating and maintaining public transportation infrastructure in the Northwest Territories. The Northwest Territories has a unique transportation system composed of paved highways, gravel highways, ferries and winter/ice roads. The TV series Ice Road Truckers has drawn international attention to the NWT s 1,400 kilometres of winter roads, ice roads and ice crossings. The DOT also oversees the operation and maintenance of 27 public airports. There are 82,363 take off and landings in the NWT each year. Legislative Assembly (LA) There are 19 members of the Legislative Assembly, which includes the Premier of the Northwest Territories. They are elected as independents in their constituencies. They then elect a Speaker and the Executive Council or Cabinet, which consists of the Premier and six Ministers. March 18, 2013 Office of Devolution 13