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Detailed Equity Considerations for SERLO / Considérations détaillées en matière d’équité pour le SERLO (view source)
Revision as of 17:43, 16 February 2026
, 16 Februaryno edit summary
= '''9. Structural Importance of Step 3''' =
= '''9. Structural Importance of Step 3''' =
Step 3 determines '''who''' will be compared for retention. If pools are '''too narrow''', if '''similar work is excluded''', if '''leave cases are mishandled''', or if '''data errors''' are left uncorrected, '''procedural fairness''' is compromised and downstream equity safeguards '''cannot''' repair the error. Equitable SERLO requires '''structural neutrality''' at the pool‑definition stage.
Step 3 determines '''who''' will be compared for retention. If pools are '''too narrow''', if '''similar work is excluded''', if '''leave cases are mishandled''', or if '''data errors''' are left uncorrected, '''procedural fairness''' is compromised and downstream equity safeguards '''cannot''' repair the error. Equitable SERLO requires '''structural neutrality''' at the pool‑definition stage.
----If you’d like, I can now '''insert this revised Step 3''' into your Word manual, or proceed to '''Step 4''' using the same bullet‑to‑sentence clarity approach.
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= '''STEP 4 — Notify TBS OCHRO, Bargaining Agents, and Employees''' =
''(Comprehensive Version with Compliance and Equity Controls — bullets rewritten for clarity)''
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== '''Legislative and Policy Framework''' ==
Step 4 is guided by several legislative instruments, including '''sections 64–65 of the Public Service Employment Act (PSEA)''', '''sections 21 and 22 of the Public Service Employment Regulations (PSER)''', and the PSC’s ''Selection of Employees for Retention or Lay‑Off: Guide for Managers and HR Specialists''. It must also comply with the '''Workforce Adjustment Directive (WFAD)''' and the applicable collective agreement WFA appendices. Furthermore, all communications must respect the '''Official Languages Act''' and be accessible in accordance with the '''Accessible Canada Act'''.
'''Primary operational reference:''' PSC — ''Selection of employees for retention or lay‑off: Guide for managers and human resources specialists.''
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= '''1. What This Step Is''' =
Step 4 is the formal notification and consultation phase that takes place after Step 2 (scope definition) and Step 3 (identification of positions and employees), and '''before''' the assessment phase begins.
This step ensures that the organization meets its obligations to notify central agencies, consult with bargaining agents, and communicate with affected employees in a timely and equitable manner. Importantly, Step 4 does '''not''' involve issuing lay‑off notices; those occur later in Step 13. Instead, Step 4 provides advance notification that a workforce adjustment situation exists and that a SERLO process will be used.
=== '''PSC Requirements''' ===
Organizations must '''advise and consult''' bargaining agents as early as possible. They must also notify '''TBS OCHRO''', in confidence and in writing, at least '''four working days before''' any workforce‑adjustment announcement that may trigger WFAD thresholds. For executives, organizations must coordinate with the '''TBS OCHRO Leadership Policies Division'''. Completing these requirements ensures transparency, procedural fairness, and employee access to rights under WFAD.
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= '''2. Required Actors''' =
== '''Accountable''' ==
The '''Delegated Manager''' is accountable for ensuring that Step 4 requirements are met.
== '''Mandatory Support''' ==
The process requires support from '''Labour Relations''', the '''HR Workforce Adjustment (WFA) Advisor''', the '''HR Staffing Advisor''', '''Corporate Communications''', '''Employment Equity''' (to monitor the equity implications of communication), '''Accessibility''' advisors (to ensure accessible formats and accommodations), and the '''Official Languages''' function.
== '''Executive‑Specific Support''' ==
For processes affecting executives, the '''TBS OCHRO Leadership Policies Division liaison''' must be engaged.
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= '''3. Mandatory Notifications''' =
== '''A. Notification to TBS OCHRO''' ==
A notification to TBS OCHRO is required when workforce adjustment thresholds may be triggered. This notification must be '''in writing''', must be treated '''in confidence''', must be completed '''no fewer than four working days''' before any public announcement, and must be sent early enough to allow for central oversight.
== '''B. Notification and Consultation with Bargaining Agents''' ==
Organizations must notify bargaining agents as soon as possible, provide them with the names and work locations of affected employees, and maintain ongoing consultation throughout the process. This consultation is mandatory under collective agreements and WFAD.
== '''C. Notification to Employees''' ==
Employees must receive clear communication indicating that their part of the organization is affected, that a SERLO may occur, what timelines apply, and what rights and supports are available under WFAD. This is '''not''' an individual lay‑off notice; it is an organizational notification.
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= '''4. Mandatory Documentation — Step 4 File Requirements''' =
== '''A. TBS OCHRO Notification Record''' ==
The file must include the date the notification was sent, the method of transmission, confirmation of receipt, and a copy of the written notification.
== '''B. Bargaining Agent Consultation Log''' ==
The consultation log must document the date of the initial notification, the names of representatives consulted, the information provided, the questions raised along with the responses given, and the planned schedule for ongoing consultation.
== '''C. Employee Notification Package''' ==
The package must contain a clear announcement of which part of the organization is affected, an explanation that a SERLO may occur, an overview of next steps, information on WFA rights and supports, contact details for HR, WFA advisors, and union representatives, and '''fully bilingual versions'''.
== '''D. Distribution Log''' ==
The log must track every employee who was notified, the date and method of communication used, a separate record for employees on leave, and confirmation that alternate formats were available.
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= '''5. Equity Risks at Step 4''' =
'''Risk 1 — Employees on Leave Not Properly Notified.'''
If employees on parental leave, disability leave, Indigenous cultural leave, long‑term medical leave, Interchange assignments, or secondment receive delayed notification, they may lose access to information, lose time to consult with unions, or have less time to prepare.
'''Risk 2 — Inaccessible Communications.'''
Equity risks arise when notices are not screen‑reader compatible, not available in alternate formats, or issued in only one official language.
'''Risk 3 — Unequal Timing.'''
Staggered communication results in unequal access to support and inconsistent readiness among employees.
'''Risk 4 — Incomplete WFA Information.'''
When information on voluntary departure, alternation, or recourse mechanisms is missing or unclear, employees make decisions without understanding their rights.
'''Risk 5 — Disproportionate Psychological Impact.'''
If the affected population includes a higher proportion of employees from EE groups, poorly executed communication can increase stress, uncertainty, and harm.
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= '''6. Mandatory and Control‑Based Mitigations''' =
== '''Mitigation 1 — Single Release Protocol''' ==
'''Owner:''' HR Staffing + Labour Relations
Organizations must send all notifications simultaneously, ensure employees on leave are contacted using confirmed delivery methods such as registered mail or secure electronic communication, and timestamp all releases.
== '''Mitigation 2 — Leave Inclusion Outreach''' ==
'''Owner:''' HR Advisor
This includes generating a full list of leave cases, confirming each employee’s preferred contact method, documenting outreach attempts and confirmations, and ensuring each employee has equal access to union and WFA resources.
== '''Mitigation 3 — Accessibility and Official Languages Compliance''' ==
'''Owner:''' Accessibility + Official Languages
Notices must be bilingual, offered in accessible formats, and include clear contact information for requesting accommodations.
== '''Mitigation 4 — Consultation Documentation Control''' ==
'''Owner:''' Labour Relations
Documentation must demonstrate that consultation occurred, that appropriate information was provided, and that questions from bargaining agents were addressed.
== '''Mitigation 5 — WFA Rights Information Control''' ==
'''Owner:''' HR WFA Advisor
Notifications must clearly explain WFA options, any applicable voluntary departure program, the alternation process, and available recourse mechanisms.
== '''Mitigation 6 — Representation Impact Monitoring''' ==
'''Owner:''' Employment Equity + HR Analytics
After notifications are issued, representation patterns in the affected area must be reviewed to identify disproportionate impacts and to brief the delegated manager.
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= '''7. Executive‑Specific Requirements''' =
For executives, the organization must notify the '''TBS OCHRO Leadership Policies Division''', issue written notice according to executive‑specific WFA directives, and maintain documentation separately.
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= '''8. Governance Sign‑Off Before Proceeding to Step 5''' =
The SERLO file must include evidence of TBS OCHRO notification, the bargaining agent consultation log, the employee notification package, the distribution log (including for employees on leave), accessibility confirmation, official languages confirmation, representation monitoring records, and the delegated manager’s approval. Without this documentation, moving to Step 5 creates procedural risk.
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= '''9. Structural Importance of Step 4''' =
Step 4 lays the foundation for transparency in the SERLO process. If notification is inconsistent, if employees on leave are disadvantaged, if communications are inaccessible, or if bargaining agent consultations are incomplete, procedural fairness and employee trust are undermined.
Step 4 ensures that all affected employees enter the SERLO process with '''equitable access''' to information, representation, supports, and procedural rights.