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Letter of Understanding #3 Separation Payment for Restructuring

​​Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees​​​

​​​​LETTER OF UNDERSTANDING #3
SEPARATION PAYMENT FOR RESTRUCTURING

BETWEEN:​​

THE CROWN IN RIGHT OF ALBERTA

(The Employer)

- and -

THE ALBERTA UNION OF PROVINCIAL EMPLOYEES

(The Union)

​The Parties are en​tering into a Letter of Understanding to provide a Separation Payment to Employees.​

​The Parties agree:​

​​1.

​During the term of this Letter of Understanding the Separation Payment as outlined in the attached Schedule available as an alternative to and if selected by an Employee whose position is abolished, in lieu of the provisions of Article 15 of the Master terms of the Collective Agreement entered into between the Parties. The Separation Payment will not be available for Employees for whom the Employer has arranged ongoing employment within the general service or with any other employer.​​

​2.

​The Separation Payment will be available for permanent Employees with at least one (1) year of continuous employment with the Employer. Eligible Employees will be entitled to receive Separation Payment at their regular rate of pay according to the attached Schedule.​​

​3.

​Where the Employee has made an election to accept the Separation Payment, the election shall not be altered without the agreement of the Employee and the Deputy Minister. Separation shall occur at a time selected by the Deputy Minister. Employees shall make their election for Separation Payment within twenty-eight (28) calendar days of the receipt of a position abolishment notice.​​

​4.

​In addition to paragraphs 1 and 2, Employees who have not received notice of position abolishment may request the Separation Payment. Such offers may but will not necessarily result in an offer of the Separation Payment by the employing department to that Employee. Offers are subject to operational requirements as determined by the Deputy Minister of the employing department, whose decision is final and cannot be challenged. Employees who request the Separation Payment if approved by the employing department under this paragraph are required to resign at a time acceptable to the employing department.​​​

5.​

​Employees accepting the Separation Payment are required to sign an agreement in the attached form.​​

​6.

​This Letter, including the attached Schedule, does not form part of the Collective Agreement and if concerns arise with respect to the Separation Payment, they shall be addressed by representatives of the Parties and not by way of the grievance procedure.​

​7.

​This Letter of Understanding, including the attached Schedule, shall be effective the date of signing and shall remain in effect as provided in Article 47 of the Master terms.​​

​8.

​This Letter of Understanding may be cancelled at any time with the mutual agreement of both Parties.​​

​9.

​The Parties will meet at the request of either party at any time to consider issues related to position abolishments, which may occur following the expiry of this Letter.​​​



​SCHEDULE - SEPARATION PAYMENT 

Full Years of 

Continuous Employment​

​​Separation Pay 

Weeks of Pay at Regular Rate of Pay

​1
​14
​2
15​
3
​16
4
​17
5
​19
​6
​22
7
25​
​8
​28
​9
​31
​10
​34
​11
​37
​12
40​
​13 plus
​43

​​Separation pay is an alternative and in lieu of all the provisions of Article 15 of the Collective Agreement.

Dated this 27th day of November, 2018.

ORIGINAL SIGNED BY


 
______________________________                               ______________________________
LANA LOUGHEED                                                      GUY SMITH
Public Service Commissioner                              President, Alberta Union of Provincial Employees



​STANDARD SEPARATION PAYMENT FOR RESTRUCTURING TERMINATION
AGREEMENT FOR BARGAINING UNIT EMPLOYEES 

​​

AGREEMENT DATED _______________________, 20__

BETWEEN:

HER MAJESTY THE QUEEN IN RIGHT OF THE
PROVINCE OF ALBERTA, AS REPRESENTED BY

_____________________________________________

​​(THE ‘EMPLOYER’)

- and -

​_____________________________________________

(THE 'EMPLOYEE')


​WHEREAS the Employee is presently employed by the Employer.

AND WHEREAS the Employer and the Employee have mutually agreed to terminate the existing employment relatio​nship.

   

​THEREFORE, th​e Parties agree as follows:

   
​1.

​The Employee hereby resigns from employment with the Employer effective _______​________________, 20___.

​​2.

​The Employer will pay as a severance payment to the Employee the sum of $___________________, less any withholdings required by law.​

​3.

​If during the period __________________ to __________________ the Employer or a “Provincial Agency" as defined in the Financial Administration Act:

​​

​(a)

​employs the Employee on a full or part time basis, or​


​(b)

​retains the Employee, either directly or indirectly, on a fee for service basis


the gross amount, including lawful deductions made at source, paid to the Employee directly or indirectly by the Employer or Provincial Agency during such period, less any lawful  deductions made at source, shall be paid by the Employee to the Employer forthwith following completion of the period. In no case shall the Employee be obliged to repay an amount greater than the gross amount, paid by the Employer to the Employee pursuant to paragraph 2.​​

​4.

​In consideration of the payment referred to in paragraph 2, the Employee hereby:​


​(a)

​waives any and all rights the Employee may have under the terms of the Collective Agreement between the Government of the Province of Alberta and A.U.P.E. arising in any way from the termination of the Employee's employment;​


​(b)

​releases the Employer, its officers and Employees from any and all claims which the Employee may now or in the future have arising out of the Employee's employment with the Employer or the termination of such employment.​

​5.

​It is understood that the waiver and release contained in paragraph 4 does not apply to any benefits to which the Employee is entitled by virtue of the Employee's participation in the Public Service Pension Plan.​

​6.

​It is agreed that this written instrument embodies the entire agreement of the parties hereto with regard to the matters dealt with herein and that no understanding or agreements, verbal or otherwise​​, exist between the parties except as herein expressed. ​​


​​

​​HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA, as represented by the Ministry of: 

____________________________________________



​____________________________________________

Witness​​​

​____________________________________________

Authorized Signatory


__________________________________________​​​​​​

Witness​​​​

​_________________________________​________

Name and Title of Authorized Signatory


​​
____________​__________________​___________

EMPLOY​​EE


​APPROVED AS TO FORM AND CONTENT:

PER: HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA, as represented by the President of the Treasury Board, Minister of Finance through the Public Service Commissioner 

​​


 

HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA as represented by the Minister of Justice and Solicitor General​


______________________________________________​Authorized Signatory​​​

​______________________________________________​

Authorized Signatory​


_____________________________________________

Name and Title of Authorized Signatory​

_____________________________________________​___

Name and Title of Authorized Signatory​​


 

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