About Successor Rights Divestment

Introduction

As an organization, the Ontario Public Service (OPS) is always changing. Many AMAPCEO members have experienced a ministry reorganization or divisional realignment, or the establishment of a new agency throughout their career as a public service professional.

These changes can be stressful, but it is important to remember that AMAPCEO is there to support you and provide you with information throughout the process. Your union has negotiated strong provisions to help you navigate these changes and to provide you with a number of different options during workplace transitions.

Successor rights divestment

Within the OPS, the term “divestment” is used to describe a sale, assignment, or disposal  of an operation from the Ontario government to another employer in the public or private sector.

When that happens, work performed by AMAPCEO members may be transferred from the OPS to that other public or private sector employer. An example of a divestment is the transfer of financial services regulation from the Financial Services Commission of Ontario (FSCO) to the Financial Services Regulatory Authority (FSRA).

In a “successor rights divestment,” both the current OPS employer and the new employer recognize that AMAPCEO will continue as the bargaining agent for any affected AMAPCEO-represented employees.

This means that AMAPCEO will continue to represent members who choose to transfer to the new employer, and that those members will continue to have their rights under the AMAPCEO Collective Agreement.

AMAPCEO will advocate for all our members’ best interests throughout the divestment process. Typically, this advocacy occurs within a Transition Committee that includes Employer and AMAPCEO representatives.

Your right, your decision: Voluntary transfer

A key protection in the AMAPCEO Collective Agreement is that, as an AMAPCEO-represented employee, you cannot be transferred to another employer without your voluntary agreement. 

This means that you have the right to choose whether to:

1. Accept a transfer to the new employer and leave the OPS; or,
2. Decline a transfer to the new employer and remain in the OPS to be surplussed at a later date. 

This should be an individual decision based on your career path and what is best for you. AMAPCEO is there to provide information, answer your questions, and support you in making an informed decision. 

The job offer process

The transfer process begins with a job offer. The new employer may make job offers to some or all employees whose positions are being transferred to the new organization.

If the new employer makes you a job offer, you have 10 working days to accept or reject the offer. This gives you the opportunity to ask questions and make an informed decision on whether to accept or reject the job offer. If you do not respond within the 10-day period, you will be deemed to have declined the job offer.

Under successor rights, the terms and conditions in the job offer are set by the AMAPCEO Collective Agreement. The transfer date—the date on which employees will transfer employment from the OPS to the new employer —is set by the new employer.  

If you accept a job offer

If you receive a job offer and choose to accept, you continue as an OPS employee until the transfer date set in the job offer and then leave the OPS. The new employer will recognize both your service and seniority following the transfer date.

As there is no break in individual employment between the OPS and the new employer in this circumstance, you would not be entitled to a severance package from the OPS.  

If you decline a job offer

If you choose to decline or not respond to a job offer from the new employer, you will not transfer to the new employer on the transfer date and your position will be surplussed by the OPS at a later date. 

The timing of the surplus notice is set by the OPS and can vary, although it usually occurs shortly after the transfer date. 

If you choose to decline the job offer, you still have access to all job security provisions in your Collective Agreement. You can learn more about the surplussing process in the surplussing and layoff fact sheet.

Employee options include:

• targeted direct assignment;
• bumping; and
• access to severance packages.

AMAPCEO will also explore the possibility of accessing reskilling opportunities within the OPS for members who do not accept or receive job offers with a successor employer.

Note: If you turn down a job offer from the new employer and receive an OPS severance package, and then decide to take a position at the new employer within 12 months of the transfer date, you will have to repay all severance payments you received back to the OPS. This is considered a cooling off period.  

You can take a position at the new employer without needing to repay any of your severance package 12 months after the transfer date.

If no job offer is made

If you are not offered a job with the new employer and the work of your OPS position is not continuing, you will have access to the redeployment and job security provisions in your Collective Agreement. 

AMAPCEO will be in regular contact with all affected employees throughout the divestment process. If you do not receive a job offer, we encourage to reach out to the designated AMAPCEO staff contact for support and guidance as you pursue your next steps.

If you have questions or need assistance

AMAPCEO will be advocating for the best interests of all our members at every step of the divestment process. AMAPCEO staff has been specially designated to support you throughout this process and to provide regular updates.

If you have any questions or require assistance, we encourage you to contact supplyon@amapceo.on.ca and a designated AMAPCEO staff member will be glad to support you.