Ontario Public Service

OPS Collective Agreement 2013 - 2014

Including Policy on Lateral Transfers

2013 - 2014 OPS Collective Agreement

PDF iconCentral, Unified and Corrections including Salary Schedules

Explanatory Notes

Dated March 2014
PDF iconOPSEU Explanatory Notes - March 2014

Policy on Lateral Transfers

Introduction

  1. The general rule that the parties have adopted about vacancies in the bargaining unit is that they are to be posted.

  2. The language of Article 6.6.1, lateral does not confer a right to be assigned to a vacancy without posting, it is a privilege. The language reads: ...”shall be assigned to a vacancy” ... and is conditional on approval of the employer, the union and the employee.

  3. Assignment without posting, via a lateral transfer, can also come only after persons being assigned due to reorganization under Article 7, surplus under Article 20, special leave under Article 25, returning from LTIP under Article 42, maternity leave under Article 50, and parental leave under Article 51 have been accommodated. Accommodation of a person for health reasons may also take precedence over a lateral transfer request.

Procedure

  1. An employee seeking lateral transfer must first make a request in writing to the employer and OPSEU using a Lateral Transfer Form that was developed jointly by the parties. The Lateral Transfer Request Form can be found below on OPSEU's website,

    or on the MYOPS intranet site at: 

    http://intra.ops.myops.gov.on.ca/cms/tiles/nsf/(vwReadPagesByRefId_Content)/etp2007.03.19.14.16.19.PF9_page?open

  2. In the written request, the member will describe his or her present position, for example, a Correctional Officer 2 (CO2) and will apply for a specific position at another location, for example, CO2 Toronto South Detention Centre to CO2 Central East Correctional Centre.

  3. Locations should be listed in order of preference, and will be treated as such. Laterals will be offered as available in order of stated preference.

  4. A member’s opportunity to transfer is based on reason, including compassionate reason. Examples of compassionate reason include ageing parents or other adult family members who live in the target location and who require assistance, children who need special treatment or facilities not found in the employee’s home location, or where the employee’s spouse is transferred to another location.

  5. The Employer will note the employee’s request and will place the request on a log. When a vacancy matching the requesting employee’s position occurs, the employer will forward the request to the union for consideration. The vacancy must first be posted as “restricted to OPSEU represented employees on notice of layoff” so that employees that have received surplus notice who are eligible and qualified can apply through the Targeted Direct Assignment (TDA) process for priority review. Only when this process has been exhausted will the lateral transfer request move forward.

  6. A member’s placement on the lateral transfer log will only be released at this time.

  7. The parties will consider all lateral transfer requests received/registered by 5:00 p.m. the day before the vacancy is posted for Targeted Direct Assignment.

  8. The Job Security Officer will contact the president of the local where the potential job transfer vacancy exists and will consult about whether or not to give the approval. In making its recommendation at this point, the local should be aware of the fact that a Targeted Direct Assignment takes precedence over a lateral transfer.

  9. Once the employer confirms there is no eligible qualified health reassignment or TDA applicants, the Job Security Officer makes a final and binding decision and then advises the employer of this decision.

  10. In order to ensure that the filing of vacancies proceeds as quickly as possible, the union will make every reasonable effort to provide their decision to the employer within five (5) business days of receipt of request for approval.

  11. All requests will be logged centrally by the union according to date received. Where there is more than one application for the same vacancy, lateral transfer will be offered on the basis of qualifications and where they are relatively equal, on the basis of the greatest seniority. Where both seniority and qualifications of two applications for the same vacancy are equal, the lateral transfer will take place on the basis of the date the request was made.

  12. No transfer request will be considered for a position after it has been posted for Targeted Direct Assignment.

  13. Transfer requests will be retained and will remain on the list for one (1) year from the date of receipt after which the member must renew the request if s/he wants to remain on the active list.

  14. When a member is successful in obtaining a lateral transfer, all requests on file for other locations will be closed.

  15. If a member turns down the employer offer of a lateral transfer, that particular file will be closed.

  16. General enquiries about this procedure or OPSEU’s decision on a lateral transfer should be directed to the assigned Job Security Officer.

Revised January 2014

Lateral Transfer Forms

PDF iconEmployee Fact Sheet (for all employee groups)

PDF iconJob Trades Pilot Positions & Classifications (2012)

Institutional Services and Youth Facility Services Staff

Probation Officers and Probation  & Parole Officers

PDF iconLateral Transfer Form

PDF iconJob Trade Registration Form

Unified Bargaining Unit Employees

PDF iconInstructional Guide for OPSEU Lateral Transfer Request Form

PDF iconOPSEU Lateral Transfer Request Form 2015

Related: OPS Bargaining 2014 Index Page

Publication Date: 

Monday, February 22, 2016 (All day)