Can You Tell Me: What is a Position Discontinuance?
A Position Discontinuance refers to the removal of a particular job by the employer once they determine, for a variety of possible reasons, that it is no longer necessary. However, it is important to clarify for the member in the position that it is not the same as being fired or dismissed. A Position Discontinuance is about the removal of the job, not the member.
The Position Discontinuance process is described in Article 10 of both the AESES-UW and -UM Collective Agreements, and is similar but not exactly the same for each University. It begins when the employer provides written notice to the member that their position will be discontinued, notifies AESES, and schedules a meeting with the member and a union representative to discuss the process and the various options available through Article 10.
The notice period is 56 calendar days at UM and 40 working days at UW. During this period, the member continues to be paid normally, and may or may not continue to work. The primary goal during the notice period is to make the member whole by transferring them into a vacant job within the same classification, hours of work, and position category as the discontinued position. The member should also be able to perform the job with a minimal retraining period: 60 working days at UW, or 420 hours at UM. HR actively searches through job postings throughout the notice period to match these criteria.
If a transfer is not accomplished as outlined above, there are other choices and options available through Article 10. The details are similar between UW and UM, and also depend on the specific circumstances of the discontinued position. Some choices could include opting for the exercise of seniority or bumping, opting for severance based on the member’s seniority, either as a lump sum or biweekly payment period, or opting for a period of lay-off of up to a year in which the member retains their seniority.
A representative from AESES is available to the member for guidance starting from the initial Position Discontinuance meeting and throughout the process. The representative can help interpret the various decisions and their consequences provided under Article 10. AESES provides guidance and interpretation, but the choices are ultimately up to the member to make; there is no single, correct answer for every scenario.
AESES will always, furthermore, scrutinize the rationale provided by the employer when they discontinue a position. Legitimate reasons within the employer’s rights for discontinuing a position might include operational changes, organizational restructuring within a department, advances in technology, redundancy or reassignment of duties, expiry of grant funding, or budgetary constraints. AESES looks at each discontinuance on a case-by-case basis. It is important that AESES examines and understands the reason the decision was made in order to best inform and advise the member.
We encourage our members to reach out to the AESES Business Office with any questions or concerns related to the Position Discontinuance process or otherwise, at labourteam@aeses.ca or 204-949-5200.
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