Collective Bargaining - Ontario Public Service

We have a tentative deal!

We are pleased to report that, after eight months, we have reached a tentative agreement with the Ontario Public Service (OPS) Employer.

If you vote to ratify the agreement, it will last three years—from April 1, 2022 to March 31, 2025. It includes meaningful wins on the issues that members prioritized.

The AMAPCEO Board of Directors has unanimously endorsed this tentative deal and are asking you to vote YES to ratify the agreement.

The tentative agreement includes:

• Maximum compensation increases allowable under Bill 124: 1% per year for three years and the right to obtain an appropriate remedy in the event our legal challenge to Bill 124 is successful.
• Major improvements to health benefits, including a flexible new $525 Health Care Spending Account for members and your dependents on top of existing insured benefits.
• Substantially improved access to psychological services and higher coverage rates.
• Preserved alternative work arrangements—the strongest provisions of any public sector union—with the requirement that requests be considered in good faith, and the right to dispute denials.
• Improved fairness for fixed-term employees, including immediate access to sick days to protect everyone from illness at work, and increased access to benefits.
• Greater job security, including job matching to vacant positions.
• Tools to advance equity, including a focused review of Employer policies to identify systemic employment barriers for equity-deserving groups.
• An improved accommodations process, where the union and the Employer would work collaboratively and constructively to resolve issues of accommodations to help members.

A more comprehensive list of changes, including the official Memorandum of Settlement, is below.

Overcoming the odds

This deal was not easy to achieve. It spanned eight months, including a provincial election, and was fraught with the Employer’s outright refusal to budge on hybrid work.

In the face of significant Employer pressure for concessions, your bargaining team held firm. They successfully defended our enviable alternative work provisions, while negotiating other gains in health care, job security, and workplace equity. They negotiated a fair and reasonable deal that sees no concessions.

All of this was in spite of the dark shadow of Bill 124, the government’s unconstitutional wage-restraint legislation. AMAPCEO is a founding member in a coalition of unions that are challenging the bill in court. We are confident justice will be on our side, but it will take some time. Importantly, this tentative agreement includes a clause to preserve AMAPCEO’s right to obtain an appropriate remedy in the event our challenge to Bill 124 is successful.

On alternative work arrangements

We were hoping to secure a commitment from the OPS Employer for a minimum number of remote working days, and a fair process to arrive at that. This is not unreasonable, since many of us have been working remotely for at least a few days a week for nearly three years now.

The Employer flat-out refused to enshrine any remote or flexible work minimums or standards in the Collective Agreement. They were completely intransigent on this issue for eight months, and it was clear from our conversations with the neutral third-party mediator that we would not have achieved our desired outcome on this issue.

In fact, not only was the Employer unwilling to enshrine new language, but they were also determined to force you to give up the rights you already have in order to bring us back in line with what other public sector unions have—which is not much. They even wanted to take away your right to grieve unfair denials.

No other public sector union has been able to achieve what we were bargaining for, because no other public sector union has been able to achieve all that we already have:

• the right to request Alternative Work Arrangements (AWA), including remote work;  
• the right to have those requests considered in good faith and in light of their operational viability; and
• crucially, the right to dispute denial of those requests.  

The Employer tried to force concessions on this issue because they know the provisions we have are valuable and unique to AMAPCEO. And they know that “operational viability” looks a lot different now than it did before the pandemic.

This is an opportunity for our fight for more flexible working arrangements to continue, just using different tactics. A successful ratification means that going forward, we will be able to focus on exercising all the rights we have protected and using all the tools at our disposal to secure alternative work arrangements for those who want them. For more on this, please attend one of the four town halls. Details are below.

Given the odds we faced and in light of all that we able to protect and enhance, this hard-fought contract is something we can take pride in accomplishing. This is a contract that provides our members with provisions no other bargaining agent was able to attain, while protecting flexible work language that is the envy of others.

These wins were in part made possible thanks to your workplace actions. From virtual backgrounds to desk flags to coordinated breaks, you showed the OPS Employer that we were serious about our demands and a fair deal. Thank you to everyone who acted, and to those activists who led the cause in the workplace.

Now, let’s seal the deal with a strong YES vote.

Stronger together,

Your AMAPCEO Board of Directors

Highlights from the Tentative Agreement

Term

• A three-year term, aligned with Bill 124’s mandated 1% moderation period. 

• April 1, 2022–March 31, 2025

Maximum compensation increases

Across-the-Board Salary Increases 

• Under the tentative deal, AMAPCEO-represented employees will receive the maximum compensation increases allowable under Bill 124 to individual salaries and to all salary ranges. These are:  
  • 1% on April 1, 2022 
  • 1% on April 1, 2023
  • 1% on April 1, 2024 
• Annual merit pay provisions are not impacted by Bill 124 and will continue. 

Protected Rights to Obtain a Bill 124 Remedy 

• The tentative deal includes an agreement that AMAPCEO retains the right to seek a remedy relating to compensation in excess of 1%, in the event that its challenge to Bill 124 is successful. This is similar to what other unions have bargained, including in the education sector.
• AMAPCEO is a member of a coalition of public sector unions challenging Bill 124 in court, although if the challenge is successful, it will likely take several years until the issue of remedy is determined.

Major improvements to health benefits

A new Health Care Spending Account 

• Under the tentative deal, the Employer will establish a Health Care Spending Account (HCSA) for each permanent employee (whether full-time or part-time) enrolled in the Supplementary Health and Hospital and/or Dental plans. The HCSA is not an insured benefit. It is over and above the current insured plans.
• HCSAs can be used for either, or both of: 
  • eligible medical expenses as defined in the Income Tax Act. These include many items not covered by insured plans, such certain types of medical equipment and some paramedical providers (e.g., in-vitro fertility treatments); and/or 
  • out of pocket expenses under the insured plans where the expense is eligible under the Act (e.g., if an employee spends $90 on a registered massage therapist, and is reimbursed $35 under the insured plan, the employee can choose to apply $55 from the HCSA to the expense to achieve full reimbursement). 
• HCSAs will be funded: 
  • $100 effective April 1, 2022 
  • $425 effective January 1, 2023 
  • $525 effective January 1, 2024 
• HCSAs are for the eligible employee and their dependents as defined by the Act (which is a broader list than for insured plans).
• Balances from one year may be carried over into the next calendar year. Balances would be forfeited after that. For example: the $100 applied April 1, 2022 must be used by December 31, 2023, the $425 applied January 1, 2023 must be used by December 31, 2024, etc. 
• Coverage would begin for new hires after they have completed two months’ continuous service.  Coverage ends on the last day of the month in which employment terminates. 
• HCSAs will be implemented within 90 business days of ratification. Eligible employees can make retroactive claims to April 1, 2022. 

Improved access to and coverage for psychological services 

• Under the tentative deal, psychotherapists will be included in the plan as eligible practitioners for psychological services. The plan currently only covers psychologists and social workers. 
• Psychotherapists are easier to find and their rates tend to be lower, so this improvement will make accessing mental health services much easier. 
• Effective April 1, 2022, coverage for psychological services will increase from $40 per half hour to $60 per half hour, and annual coverage from $1,400 to $1,600 per calendar year. On April 1, 2023, coverage will increase to $80 per half hour. 
• Eligible employees can make retroactive claims to April 1, 2022.

Preserved alternative work arrangements

• The Employer sought concessions that would have seen more members returning to the workplace more frequently, and removed members' rights to dispute denials of alternative work arrangement requests. AMAPCEO pushed back and maintained the language in the current Collective Agreement.
• This means your current work arrangements will continue as they are today for the foreseeable future, and that you can make requests for compressed work weeks, remote work, and/or flexible work hours.
• Article 47, AMAPCEO’s language on alternative work arrangements (including compressed work weeks, remote work, and flexible work hours) is maintained. Members retain the right to request their manager for AWAs, including remote work, and have those requests considered in good faith and in light of their operational viability. The union retains the right to dispute AWA denials. 
• The tentative agreement also includes a letter that clarifies that the Secretary of Cabinet’s April 4, 2022 direction that employees were expected to return to the workplace for a minimum of three days per week did not replace pre-existing alternative work arrangements made under the Collective Agreement.
• Further, the letter commits the Employer to consult with the union if the April 4, 2022 direction is amended, including if the Employer brings forward a draft remote work policy.

Improved fairness for Fixed-Term Employees

Immediate access to vacation for new hires 

• Under the tentative deal, FXT employees will be advanced 3.75 vacation credits—which is three full months’ worth—immediately upon hire. Currently, FXT members accumulate 1.25 credits for each full month where attendance thresholds are met (at work, on vacation leave of absence or leave of absence with pay). 
• After three full months’ service, FXT employees will continue to earn 1.25 vacation credits for each full month of service (at work, on vacation, or on paid leave). 
• Credits will be deducted from the 3.75 advanced credits if the FXT member does not meet the attendance thresholds for a particular month during their first full 3 months of employment (i.e., is on an unpaid leave).

Removal of six-month waiting period 

• Under the tentative deal, FXT employees will be able to use vacation credits from the first month of employment. Currently, FXT employees must wait six months. 
• These changes would be effective January 1, 2023. 

Immediate access to attendance credits (sick days) for new hires 

• Under the tentative deal, FXT employees will be advanced 3.75 attendance credits—which is three full months’ worth—immediately upon hire. Currently, FXT members accumulate 1.25 attendance credits for each full month where attendance thresholds are met (at work, on vacation, on bereavement or jury/witness leave). 
• After three full months’ service, FXT employees will continue to earn 1.25 attendance credits for each full month of service (at work, on vacation, or on bereavement or jury/witness leave). 
• Credits will be deducted from the 3.75 advanced credits if the FXT member does not meet the attendance thresholds for a particular month during their first full 3 months of employment (i.e., is on an unpaid leave). 
• Credits will be pro-rated for part-time FXT employees. 

More opportunities to opt into health and dental benefits 

• Under the tentative deal, newly hired FXT employees will have 60 business days to enrol in insured benefit plans. Currently, they have just 31 business days. 
• If an FXT employee receives a contract extension longer than their original contract, they will have an additional 31 business day window to opt-in. This would be offered once, at the first eligible contract extension. 
• All current FXT employees who did not opt into the benefits plan will have an additional 31 business day window to do so. This period would begin as soon as practical following ratification of the tentative contract. 

Other 

• Co-op students will now be entitled to apply to restricted job competitions for 12 months after their final contract expires. 

More options to protect job security

Bringing reskilling into the Collective Agreement 

• In 2020, AMAPCEO and the Employer negotiated a joint “reskilling” agreement to reduce the risk of involuntary job loss in the OPS.  
• Under this agreement, if a position will be surplussed because of a transformation within the OPS, employees have the option to have the Employer search for a job match to a vacant AMAPCEO-represented position. Called “reskilling,” this is over and above the current job security entitlements that may increase redeployment, retention, and mobility opportunities. 
• Under the tentative deal, this enhancement would become codified in the Collective Agreement. Reskilling would remain optional, and all job security protections under Article 27 would remain available to members eligible for reskilling.

Competition reach-back language and a new recruitment pilot for Finance functional group

• Currently, if an AMAPCEO-represented position becomes vacant within 12 months of a competition completed for an identical position, the Employer may reach-back to the original competition results to offer the vacancy to the next most qualified applicant. Under the tentative deal, the Employer will be able to reach-back to competitions for similar positions in the same functional group as well. A similar position is defined as one within the same functional group, same classification level, same ministry, and within 125 km of the work location of the previously-posted position. 
• In addition, the parties have agreed to a new recruitment pilot in the Finance functional group only that will last until the end of the new Collective Agreement. This pilot will permit the Employer to advertise that a particular posted vacancy will also be used for additional recruitment opportunities that may arise in the next 12-month period, but only for job vacancies within the financial functional group, same classification level, and within 125 km of the posting. Through this process, the Employer will establish an eligibility list of qualified candidates that they can be used over that 12-month period to fill job vacancies. A qualified candidate may reject an offer of employment through this process without it affecting their rank on the eligibility list. This pilot will take place in the Finance functional group only and will last until the end of the new Collective Agreement. 

A more equitable workplace

New Joint Equity, Diversity, and Inclusion Sub-Committee 

• Under the tentative deal, AMAPCEO and the Employer will form a Joint Equity, Diversity, and Inclusion Sub-Committee of the AMAPCEO-Central Employee Relations Committee, outlined in a new Letter of Understanding. 
• This Sub-Committee’s mandate will include a focused review of the Collective Agreement and the impact of Employer policies and programs on AMAPCEO-represented employees through an Equity Lens. It will aim to identify systemic employment barriers that may exist in the Collective Agreement and are unduly impacting employees from equity-deserving groups, including employees who are Indigenous, Black, racialized, LGBTQ+, and who have a disability. 
• The Sub-Committee will also be used to consult the union on initiatives to implement the OPS Leadership Pledge commitments that affect AMAPCEO members. 

Voluntary data collection for evidence-based decision-making 

• Socio-demographic data about employees will help improve the Employer’s ability to make informed decisions about where change is needed, what interventions are working, and where more effort is needed. AMAPCEO supports this, provided individual members’ data is collected voluntarily, with informed consent, and is treated as private and confidential. 
• The tentative deal includes a Letter of Understanding that outlines the Employer’s commitment to the collection, use, and protection of this data. 

A collaborative approach to employee accommodations 

• Under the tentative deal, AMAPCEO and the Employer would continue a joint committee on Employment Accommodation to support the timely and safe accommodation of members. This committee is empowered to fully discuss and resolve any unresolved accommodation or health assignment matters that are referred to it.

Other changes

Changes in administration of prescription drug coverage starting April 1, 2023 

• The insurer will begin reimbursing based on the lowest-cost eligible generic drug product price, even if no substitution is prescribed by a physician. If a patient cannot tolerate the generic drug, or if it is therapeutically ineffective, medical evidence can be submitted to support a brand-drug prescription. 
• Dispensing fees will be capped at $11.99 per prescription. 
• The insurer will implement an annual dispensing fee frequency cap of five times per calendar year for eligible prescribed maintenance drugs that can be reasonably dispensed over a longer term. 
• The insurer will implement a standard prior authorization program for certain prescription drugs on a prior authorization list covered under the drug plan. The doctor will have to communicate a rationale to the insurer before the drug coverage for the prior authorization drugs are approved. Those currently taking drugs on the prior authorization list will be grand-parented, and the drugs they are currently receiving will not be affected by this change. 
• The insurer will implement health case management for a list of certain drugs under the plan. Case managers who are registered nurses will work directly with AMAPCEO-represented employees (and their eligible dependents) and their physicians to identify the appropriate initial treatment, ensure the prescribed drug is working for the patient, and schedule follow-ups to ensure the condition is being managed. Health case management applies to only some of the drugs in the plan. 
• The insurer will implement a SMART (Sustainable, Managed and Reasonable Treatment) Drug Plan—a Canada Life assessment to ensure that only appropriate drugs are added to the plan. The insurer will assess new drugs that come to market to ensure only those which have enhanced treatment outcomes, safety, and cost-effectiveness are added to the program.  Where an employee is taking a drug prior to the implementation of the SMART Drug Plan, they will be grandparented and the implementation of the plan will not impact their drug coverage. 

Changes to Pregnancy and Parental Leave to reflect revised legislation 

• Pregnancy and Parental Leave Articles have been amended to reflect several changes to the Employment Standards Act and the Employment Insurance Act.
  • For the Employment Standards Act, most of the changes below took effect immediately following the implementation of the legislation and the changes in the agreement are housekeeping to update the agreement to reflect the legislation.
  • For the Employment Insurance Act, the changes are to the top-up program and will take effect 90 business days after ratification. 
• A full list of these changes is available as an appendix. 

Other changes to the Collective Agreement: 

• Article 27: 
  • References to “surplus clearance number” are eliminated (also affects Article 52.13 (f)). 
  • 27.8.3: The “match date” for Targeted Direct Assignment (TDA) is amended from the first or third Friday of each month to every Friday. 
• Article 32: The Employer will now copy AMAPCEO when providing a notification package to an employee whose STSP is expiring (and about considering LTIP). Being copied on these notices will allow the union to provide earlier and more effective representation to members. This commitment is contained in a separate Letter of Understanding and does not form part of the Collective Agreement. 
• Article 34.2 (g) & PT 10.3 (f): Continuous blood glucose monitors and flash glucose monitors will be specified in the plan. This incorporates a dispute settlement into the Collective Agreement. 
• Article FXT.4.6: Part-time or irregular FXT employees who have an employment period of five or more years will be paid 6% in lieu of vacation. The OPS Employer is currently paying this to comply with the Employment Standards Act. 

Other changes to Memoranda of Agreement: 

• Transition Exit Initiative, Paragraph 5: The tentative deal would remove a current limitation on salary continuance periods to the age of 65.

Other changes to Letters of Understanding: 

• Accessibility: The parties will make the Collective Agreement accessible in compliance with the Accessibility for Ontarians with Disabilities Act. 
• Gender Neutrality: The parties will make the Collective Agreement language gender-neutral. 
• Lump Sum Payments: Deletes this Letter as it is no longer relevant. 

2022-2025 AMAPCEO-OPS Memorandum of Settlement

 Preview the 2022-2025 AMAPCEO-OPS Memorandum of Settlement

 Download the 2022-2025 AMAPCEO-OPS Memorandum of Settlement

Other Frequently Asked Questions

Frequently asked questions related to the proposed terms and conditions of the agreement are addressed in each section above.

What if we vote NO to the Agreement to go back and get a better deal? 

Your bargaining team is recommending this tentative agreement because they think it is the best possible agreement that can be reached given Bill 124 and the current political environment. 

Voting NO would effectively result in an impasse with the Employer. None of the gains or protections in the current tentative agreement would be guaranteed in any subsequent negotiation. AMAPCEO is legally exempted from arbitration. It would substantially increase the risk of a strike or a lockout.   

Voting NO turns down the current tentative agreement in its entirety, not solely one component of the agreement. 

Your bargaining team and the AMAPCEO Board of Directors do not think these risks are in the best interest of the AMAPCEO membership, and are encouraging you to vote YES.  

An explainer on labour disruption is available here and describes in detail the steps toward, and impact of, any potential job action. AMAPCEO's Labour Disruption Pay Policy is available here (sign-in required). 

What about a strike?

We’ve secured the maximum wage increases possible under Bill 124 and preserved our right to seek a remedy relating to compensation in excess of 1% in the event our challenge to the legislation is successful. We made major advancements in health benefits and secured more fairness and equity. This is a good contract for these times. 

More flexibility and access to remote work is the only major area where we didn’t gain the ground we had hoped. The Employer wanted to eliminate the provisions in our current agreement that allow AMAPCEO members to request remote work, have those requests be considered in good faith, and to dispute denials. This was a goal the Employer was serious about, as evidenced by the results of their bargaining with other OPS bargaining units.   

Our tentative agreement preserves our current alternative work arrangement provisions. 

The fight for more flexibility will continue, we’re just changing tactics and taking it to safer ground. 

Asking members to make a significant financial sacrifice by going on strike would leave many in bad situations on the off chance of a better deal.

I’m on secondment/acting in a position outside the bargaining unit. What would happen to me if there is a strike or lockout? 

AMAPCEO members on secondment will be returned to their home AMAPCEO position in advance of a strike or lockout action. This includes AMAPCEO members backfilling AMAPCEO positions that have home incumbents.

Members from other bargaining units or management who are seconded into AMAPCEO positions will be returned to their home position in advance of a strike or lockout action.  

Post-job action, AMAPCEO and the Employer would have return-to work protocol discussions which would include discussions on how secondments might resume. 

I am a fixed-term contract employee. What would happen to me if there is a strike? 

Fixed-term contract (FXT) employees would not necessarily be terminated solely because they are engaged in a strike or lockout. Such FXT employees may be, at least temporarily, dislodged from their position if an incumbent is returned to it from a secondment elsewhere. 

Return-to-work protocol discussions would include addressing the status of contract work (FXT) following a labour disruption. 

Ratification Vote

Monday, October 31–Friday, November 4

All AMAPCEO-represented employees with home positions in the OPS bargaining unit are entitled to vote to accept or reject the tentative agreement. This includes permanent and contract (fixed-term) employees.

The decision will be made by a majority of those voting. 

Our independent vendor Simply Voting sent ballots to eligible voters at their personal email addresses on Monday, October 31. Please check your Spam, Junk, Promotions, and Trash folders if you are an eligible voter and did not receive your ballot. 

You must vote by Friday, November 4 at noon ET.

If you have any questions about voting, or issues with your ballot, please email ratification@amapceo.on.ca.