Ontario Public Service

Targeted Direct Assignment (TDA) and Bumping

If you receive notice that your job has been surplussed, AMAPCEO has negotiated options so that layoffs are an absolute last resort.

The Targeted Direct Assignment (TDA) program is designed to help prevent involuntary layoffs by allowing AMAPCEO-represented employees in the Ontario Public Service (OPS) the option to be redeployed to another available AMAPCEO position within the Employer.

And failing that, bumping ensures your Employer’s layoff process is as fair as possible, given the unfortunate circumstances.

These measures and provisions, and one-on-one assistance along the way, are important advantages of being a unionized professional.

As always, if you are experiencing medical or emotional distress, please connect with your medical practitioner or with the Employee and Family Assistance Program (EFAP).

Bargaining Unit: Ontario Public Service (OPS)

Collective Agreement Article: 7, 23, 27 & 38
First Published: September 4, 2020
Last Updated: December 7, 2020

Eligibility

Regular (permanent) employees

You are eligible for TDA and bumping if you receive a Notice of Layoff (NOL). It does not matter if you are currently full-time or part-time.

Fixed-term (contract) employees

You are not eligible for TDA or bumping.

The Targeted Direct Assignment (TDA) program

If you receive a Notice of Layoff (NOL) that your job is being surplussed and you may be laid off, you are able to use the Targeted Direct Assignment (TDA) program to identify vacant or available positions in the OPS. You must have the entry-level qualifications for the position for your Employer to “match” you into a position.

You are only eligible to be matched into positions in the AMAPCEO bargaining unit, and they must be at or below your current classification level.

If you are not matched to a position through TDA after four months of your notice period, you can also be matched to temporary vacancies. If you are matched into a temporary vacancy, your Notice of Layoff will be put on hold during this temporary assignment. You can still search for a permanent position through TDA during this time.

If you are not matched to a position through TDA after five months of your notice period, you may be eligible for bumping.

And if you wish to leave the OPS during your six-month notice period instead, you are still eligible for a pro-rated exit package.

Bumping

Bumping only occurs if you are having trouble finding a match to another position through TDA.

Bumping allows you to displace (or “bump”) the lowest-seniority AMAPCEO-represented OPS employee from their permanent home position, if you must have demonstrated through your Employee Form (EF) that you:

are currently performing the work of the position; or
have performed the position’s work within the previous three years; or
would be able to perform the work within five weeks.

That bumped employee will then have the opportunity to take an exit package to leave the OPS or try to be redeployed through TDA or bumping.

Your Employer will begin to identify possible bumping opportunities for you if you:

chose to be considered for bumping opportunities on your Employee Form (EF) by the end of the third month of your notice period; and
have not been matched to a position through TDA by the end of the fifth month of your notice period.

You can refuse any bump opportunity that your Employer identifies. You may still be matched to an available position through TDA.

If you would like to be redeployed through TDA or bumping

If your position is being eliminated, and you would like to try to be redeployed in the OPS:

Within six working days of receiving a Notice of Layoff (NOL):

1. We recommend you work with your AMAPCEO Workplace Representative as you make decisions throughout your six-month notice period. Their guidance will be helpful.

2. Complete an Employee Form (EF), available on your Employer’s InsideOPS intranet site. Please see our suggestions on completing an EF.

You must check “Yes” on one or both of the bumping options on your EF to be eligible for bumping. The options are to be considered for bump opportunities:

within 40 km of your headquarters only; and/or
beyond 40 km from your current work location.

3. Submit your EF to your Employer’s Human Resources contact within six working days of when your NOL was issued.

After you submit your first Employee Form (EF), during your notice period:

4. Search for vacant or available AMAPCEO-represented positions through the OPS Careers portal.

These positions will include:
- all permanent and temporary AMAPCEO-represented vacancies that have not yet been matched through TDA for at least ten working days;
- all permanent and temporary AMAPCEO-represented positions that have cleared surplus but have not yet been filled through a competitive process; and
- all AMAPCEO positions registered on the Voluntary Exit Registry (VER).
Some postings will include the incumbent’s work contact information. You may want to contact them to find out more about the job before you decide if you want to identify it through the TDA program.

5. Identify one or more potential TDA matches and rank them in order of preference on your Employer’s Ranking Form (available on InsideOPS). If you would like to provide additional information about your qualifications, you can submit a Supplemental Employee Form (SEF; also available on InsideOPS) for each position you identify. You will be considered for redeployment into the position if:

it is at or below your home position’s classification level; and
you demonstrate that you meet the entry-level qualifications for the position; and
there is no more senior AMAPCEO unit employee who is eligible for a TDA into the position.

6. Submit the Ranking Form to your Human Resources contact before the match date. "Match date," means every Friday and a schedule of them is available on InsideOPS.

7. Your Employer will review your Ranking Form alongside your EF and any SEFs you have submitted. They will determine if you have the entry level qualifications for each position you have identified.

8. Your Employer will let you know within ten working days if you have been matched to a position or not.

If you have, please see your next steps below.
If you have not, you can continue to identify potential TDA matches by submitting a new Ranking Form and any optional SEFs before each match date.

9. You can send your Human Resources contact an updated EF at any time during your notice period. You should do so to reflect any new or improved skills, knowledge, and abilities to improve your chances at a match through TDA.

10. You may also choose to leave the OPS with a pro-rated package so long as you have not accepted a position through TDA or a bump opportunity.

Within the first three months of your notice period:

11. If you did not indicate that you want to be considered for bumping opportunities on your EF, you must do so by the end of the third month of your notice period. If you do not do so, you will forfeit your right to bump.

After four months of your notice period:

12. You may begin to identify potential temporary vacancies for TDA. If you are matched into a temporary vacancy, your Notice of Layoff will be put on hold during this temporary assignment. You can still search for a permanent position through TDA during this time.

After five months of your notice period:

13. Your Employer will identify a possible bumping opportunity for you. You will have two working days to let your Human Resources contact know if you would like to accept the bumping opportunity. If you decline the bumping opportunity, you may still be matched to an available position through TDA.

If there is a TDA match

If your Employer determines you have the entry level qualifications for any position you have identified on your Ranking Form, you will be offered the position.

If you are matched to more than one position on your Ranking Form, you will be offered the first position on your Ranking Form so long as there is not a more senior AMAPCEO unit employee who has also been matched to that position.

You have two working days to let your Human Resources contact know if you would like to accept the TDA match.

If you decline a permanent TDA match

If your Employer offers you a permanent TDA match, and you decline the position, you must choose to either:

be laid off at the end of your six-month notice period and receive:
- severance (one week of salary for every completed year of continuous service, to a maximum of 26 weeks), and
- enhanced severance (an additional week of salary for every completed year of continuous service, with no maximum); or
leave the OPS immediately by accepting a single lump sum payment, paid as soon as possible, totalling:
- your salary for what’s left of your six-month notice period, and
- severance (one week of salary for every completed year of continuous service, to a maximum of 26 weeks), and
- enhanced severance (an additional week of salary for every completed year of continuous service).

You will also forfeit your other surplus rights, including any other potential TDA matches or bumping opportunities, although you may still apply to restricted job competitions in the OPS for the next 24 months.

If you decline a temporary TDA match

You will:

continue to be eligible for TDA into a permanent position, but
not eligible for any other temporary assignments.

If you have not been redeployed by the end of your six-month notice period

If you have not been assigned to a permanent position through TDA or bumping, unfortunately, you will be laid off from the OPS, but will still benefit from “recall” provisions. You will receive:

a lump sum payment, paid out as soon as possible after your layoff date, of:
- severance (one week of salary for every completed year of continuous service, to a maximum of 26 weeks), and
- enhanced severance (an additional week of salary for every completed year of continuous service, with no maximum).

For the 24 months following layoff, you will be in what is called the “recall period”, and you will have the right to:

continue to identify potential TDA matches, and
apply to restricted job competitions in the OPS.

The Employee Form (EF)

When complete, your Employee Form (EF) provides your Employer with information about your employment history within and outside the OPS for redeployment purposes. It also allows you to describe, in your own words, your skills, knowledge, and abilities.

Your Employer will use the information in your completed EF, your resume (if you provided it), and Supplementary Employee Form (SEFs), and compare it with information contained in the Job Information Packages (JIPs) for the potential TDA matches that you identify. JIPs are prepared by your Employer and contain a current job description, job advertisement, selection criteria, and the job functions of a position. JIPs are used for both redeployment and job competitions.

Your Employer will also use your EF to search for possible bumping opportunities.

If you do not complete your EF, you will not be able to apply for TDA opportunities. As well, if your Employer does not receive your completed EF by the end of the third month of your six-month notice period, they will also deem that you’ve waived your right to bump.

Completing your EF

Your EF allows you to summarize your work experience, education, training, licenses, certifications, and achievements. It also has a section where you must describe the skills, knowledge, and abilities you possess in various job function categories.

While you complete your EF, consider that your Employer will automatically consider you to have the qualifications and knowledge that are in your current job description.

Your Employer’s AMAPCEO Job Security Forms Guide (available on InsideOPS) and our fact sheet on Job Descriptions, Job Codes, and Job Classifications will be helpful resources you as you complete your EF.

You can also attach a traditional résumé to your EF, if you would like.

Your EF is also where you inform your Employer if you wish to be considered for bumping opportunities towards the end of your six-month notice period. You can choose to be considered for positions:

within 40 km of your headquarters only; and/or
beyond 40 km from your current work location.

If you choose the latter, you can also indicate, in order of preference, specific communities outside your current work location, including exact work location addresses.

Getting help completing your EF

Your Workplace Representative can help you with any questions you may have about completing your EF.

Your Employer, through an Employee Mobility Coordinator or your designated Human Resources contact (provided on your NOL), should also answer any questions you may have.

Updating your EF

You can send your Human Resources contact an updated EF at any time during your notice period. You should do so to reflect any new or improved skills, knowledge, and abilities to improve your chances at a match through TDA.

When your Employer receives your updated EF, the changes will be implemented the next business day.

Supplementary Employee Form (SEF)

For each potential TDA match that you identify, you can submit a separate Supplemental Employee Form (SEF) to provide your Employer with additional information.

An SEF should:

expand on your EF to describe how your knowledge, skills, and abilities are a fit for the role; and
include specific examples illustrating how you meet the necessary qualifications.

The SEF cannot be longer than two pages. Your Employer will not accept any attachments to a SEF.

If you are being bumped

You will receive a Bump Notice Alert if:

you are being bumped by a more senior employee whose position has been declared surplus; or
someone else in your multi-incumbent position (where there are multiple identical positions) will be bumped.

What will be on the Bump Notice Alert

A Bump Notice Alert does not mean you are immediately out of a job.

The Bump Notice Alert will include:

the exit options available to you immediately; and
the date when you will receive the Notice of Layoff (NOL), informing you of the date on which you will be laid off (six months from the date you receive the NOL).

You will not receive a NOL for at least six working days after you receive a Bump Notice Alert.

Your Employer should also provide you with information about the Employee and Family Assistance Program (EFAP), a free and confidential service available to you and your family.

Next steps

When you receive a Bump Notice Alert that indicates you are being bumped, you have all the rights and entitlements of a surplus employee, so long as you are the first employee exercising their right to bump or the second employee exercising their right to bump.

If you are the third or subsequent employee being bumped, then you will be eligible for TDA but will not be eligible to bump another employee.

You have five working days to decide if you would rather:

leave the OPS before you receive the Notice of Layoff; or
wait until you receive the Notice of Layoff, and decide then if you wish to:
- leave the OPS, or
- try to be redeployed to another position.

Details on each option are on our fact sheet on Surplus Notice Alert and Notice of Layoff.

If you aren’t sure if you want to leave the OPS after you receive the Bump Notice Alert, you do not have to pick an exit option right away. You can still pick an exit option after you receive the Notice of Layoff.

It is very important that you speak with a Workplace Representative about your options as soon as possible. They will help answer your questions and provide guidance as you decide on your next steps.

If you are in a multi-incumbent position and receive a Bump Notice Alert

If you have an identical position to someone who is being bumped, but you are not being bumped yourself, you will receive a Bump Notice Alert.

Your Bump Notice Alert will offer anyone in the multi-incumbent position the option to volunteer to leave the OPS through the Voluntary Exit Option (VEO) in place of the employee who would otherwise be bumped.

If you would like to apply for VEO, you must respond to the Bump Notice Alert within five working days.

If more than one incumbent applies, it will be approved based on seniority.

Learn more on our VEO fact sheet.

Frequently asked questions

What if I don’t complete and submit an Employee Form?

You will not be able to identify any potential TDA matches until you complete and submit your Employee Form (EF).

If your Employer does not receive your completed EF by the end of the third month of your six-month notice period, they will also deem that you’ve waived your right to bump.

What if two AMAPCEO-represented employees identify the same potential TDA match?

Whomever has the most seniority (the longer length of continuous service) will be offered the TDA match first.

Will I be offered a TDA match below my current classification level?

You are responsible for identifying potential TDA matches to your Employer. These positions can be at or below your current classification level.

You should only identify positions to your Employer that you would be willing to take.

Can I change the positions I identified for a potential TDA match?

As long as you have not yet been offered a permanent TDA match you can:

withdraw a potential TDA match that you identified at any time; or
re-rank potential TDA matches on your Ranking Form.

What if I don’t identify any potential TDA matches?

Identifying potential TDA matches is completely up to you. If you don’t identify any, your Employer will not try to match you to any position during your six-month notice period.

If you have indicated on your Employee Form that you would like to be considered for bumping, your Employer will still search for a bump for you and notify you at the end of the fifth month of your six-month notice period.

If I accept a permanent position through TDA during my recall period, how does that affect my seniority? What would my continuous service date be?

Your seniority will include both your service before you started the recall period, and the time you spend in your new position.

For the purposes of severance, your new continuous service date will be the date you started work in your new permanent position.

If I accept a position through TDA that is outside of the 40 km radius of my current work location, am I eligible for relocation expenses?

No. Article 27.8.2 of your Collective Agreement excludes you from relocation expenses.

What if I change my mind about redeployment and want to leave the OPS instead?

You can change your mind and leave or retire from the OPS and still receive an exit package if:

you are in your six-month notice period, and
have not accepted a TDA position or bumped another employee.

Your package will be pro-rated for the amount of time left in your six-month notice period.

If I bump someone at a lower classification level, will my salary stay the same?

If the maximum salary for your new position is the same or higher than your existing salary:

your salary will remain the same, and
it will fall into the range (minimum and maximum) for the classification of your new position.

If the maximum salary for your new position is lower than your existing salary:

your salary will be reduced to the maximum of the range for the classification of your new position.

I am an Aboriginal/Indigenous employee. Can I be bumped?

No. If you self-identify as Aboriginal/Indigenous to your HR branch, you cannot be bumped. However, the Employer can surplus your position with the written consent of your deputy minister. It is the employee’s responsibility to self-identify to their designated human resources contact.

I have a disability. Can I be bumped?

No. If you self-identify as having a disability (as defined by the Ontario Human Rights Code) to your HR branch, you cannot be bumped. However, the Employer can surplus your position with the written consent of your deputy minister. It is the employee’s responsibility to self-identify to their designated human resources contact.

If you have questions or need assistance

AMAPCEO Workplace Representatives

Please contact an AMAPCEO Workplace Representative in your District. They do not have to be in your Ministry.

Workplace Representatives are trained union members who have volunteered to confidentially assist members like you in the workplace. They should be your first point of contact in seeking information and representation with an issue at work.

Your Workplace Representative may ask you to use the union’s secure web-based system, RADAR, to provide details about your situation. RADAR will help you and your Workplace Representative keep track of things without the privacy concerns that could come from using the Employer’s email system.

Employee and Family Assistance Program (EFAP)

EFAP is a free and confidential service available to you and your family 24 hours a day. EFAP offers immediate assistance, including professional counselling, career coaching, financial planning services, and more.