Collective Agreement Ratification June 2010
This was the most difficult bargaining process that we've undertaken as a Union, given both our members expectations and the mandate handed down to the Employer from the Liberal government.
Some employees may be concerned that our committee spent a long time meeting over a "net zero" mandated agreement, but we ended up with approximately 43 pages of revisions to our contract which we feel strengthen our rights and improves the clarity and usefulness of the agreement.
Other members may be concerned that we are recommending ratification without asking for a strike vote on the issue first, but the committee agreed that in our current situation, and with other larger Unions having already settled for a net zero mandate, that a strike vote this time would have served no constructive purpose.
The following summary of proposed changes to our Collective Agreement is not an exhaustive list but includes the highlights that we feel are most important to the members of our Union Local. For brevity we have not included changes in language which are of a housekeeping nature. We have included commentary on changes that the Employer refused and on changes that the Union refused (concessions).
On the basis of these changes the Union negotiating team is recommending acceptance of this tentative contract. As individual members you each have a vote and are free to vote as you wish. A separate letter will outline voting procedures to your local office or division Union representatives.
Submitted in Solidarity
Kevin McPhail, President
Stan Brost, Vice-President
Wendy Hayer, Regional Director North Lower Mainland
Ron Arnett, Regional Director Thompson/Okanagan
Mick Currie, Business Agent
The following is generally in contract article order.
Wages and Term of the Agreement
As mandated by the provincial government for organizations falling under their control there will be no general wage increases for 2010 or 2011. Employees throughout the provinces have correctly pointed out a wide array of wage increases being negotiated elsewere, however those employers and work groups are not covered by the Public Sector Employer Counsel (PSEC) who controls bargaining for the provincial government. Bear this in mind the next time you vote provincially.
Also as mandated the contract will run for two years: January 1, 2010 to December 31, 2011.
General
The Wage Schedule (A) will be expanded to include not only the bi-weekly wage rate, but the annual and hourly equivalents as well for ease of reference.
A subject index will be included in the back of the agreement to make the document more user-friendly.
Respectful Workplace (Article 1.04)
A new article will be included in the preamble to the agreement indicating that employees deserve to work in an environment free from harassment, bullying and discrimination.
Grievance (Article 12)
The employer proposed to re-write these articles and the Union agreed. The process by which the Union can take forward and resolve employee grievances was previously poorly worded and open to miscommunication.
Additionally grievances involving the termination of an employee will proceed directly to Step 3 of the grievance process rather than Step 2.
Discipline (Article 14)
Along with clarifying the grievance process we tightened up the language regarding Union representation of an employee facing discipline. Previously the employee could choose to be represented by ‘a co-worker’ rather than an area Union representative. This had led to cases of uninformed choices in the past and representation by untrained individuals. Now the representation will be by the local Union representative or a Union officer of the employee’s choosing, by teleconference if necessary. This would include a choice of the Union President, Vice-President, Secretary Treasurer or any Union Regional Director and may be exercised if you feel your local representative may have a bias, conflict of interest or is simply not available.
If interviewed for discipline and the employee waives the right to representation, the Union area rep will be notified by the Employer so that we can follow-up and exercise our duty to represent the individual.
Probation (Article 15)
The Employer sought to extend the length of all probation to 12 months. The Union succeeded in maintaining the current language where some job classifications only have a six month probationary term.
Job Competitions (Article 16)
Where an existing bargaining unit employee is the sole applicant for a lateral transfer position (same job classification) they shall be awarded the job with no technical or behavioral test.
In the case of a lateral transfer competition where an employee has written and passed the technical test within the last two years, they don’t have to re-write it. They may choose to re-write the technical test and use the better of the two scores.
The Employer will create eligibilitylists from the successful applications but that list will only be for locations covered in the original posting and will only be in place for four months.
Substitution Pay (16.04)
The Employer refused to entertain a proposal to always back-fill absences of supervisory positions for three days or longer. The Union encourages employees to only work within their job descriptions unless given an acting position.
Handicapped Worker Provision (16.08)
The Union refused to allow this article to be deleted.
Older Worker Provision (16.09)
The Union refused to allow this article to be deleted.
Training (16.10)
Currently if an employee takes an approved course that costs up to $850, they must pay for it up front and be reimbursed upon successful completion. You could apply for an advance on the cost over that amount rather than being out of pocket. This threshold will be lowered to $350 meaning less money out of pocket.
Education Seminar (18.03)
The Union re-established the past practice that employees were entitled to straight time off in lieu for time spent outside of regular work hoursfor travel time to and from the education seminar.
Vacation (22)
The Employer did not accept any increases to vacation time.
The language of the article was modified to allow for vacation time to be used as earned during the first six months of employment. Previously you could not take vacation time until after six months.
The Union clarified with the Employer that if an employee has a sick child and has used up their one day entitlement for time off to care for the child, that the employee may applyfor and be granted short notice vacation days to continue to care for the child. The language of the agreement did not have to be changed for this clarification.
Vacation Carry-over (22.09)
The Union refused to allow a decrease from 25 to 20 days vacation carry-over.
Partial Day Vacation (22.11)
The Union formalized the practice of allowing partial day vacations of no less than three and a half hours. Most managers had already allowed this, but some had not.
Retirement Allowances (22A)
The Employer refused to increase the retirement allowances.
Sick Leave (23)
The Employer refused to pay for the costs of written medical statements.
Leave of Absence (24)
Previously a full day had been allowed to attend a citizenship hearing. Now a ½ day is allowed for that hearing and a ½ day for the citizenship ceremony.
The Employer refused to extend leave of absence language to other family members than the existing “elderly parent” for serious illness or hospitalization. Similarly they also refused to allow leave of absence for an employee to travel to an appropriate medical facility for immediate family members. They refused paid leave for situations where roads are closed and also refused the Union proposal for a volunteer day.
General Leave (24.02)
The parties clarified that while an employee may be terminated for accepting employment with another employer while on a leave of absence, they will not be terminated if that other employment started before the leave of absence (holding two jobs without a conflict of interest).
Bereavement Leave (24.05)
The Employer refused all proposals to change this article.
Leave of Absence for Full-Time Union Duties (24.08)
Theexisting unpaid leave of absence provision was extended from one to two years.
Increments (25.03)
This Article will be amended as a result of a mediated grievance settlement which occurred in between bargaining sessions. In summary if an employee has an acting position of more than eight weeks within a year of winning a promotion, their increment date will be adjusted to recognize that service. In the same settlement it was agreed that the Employer will be allowed to hire new employees at more than Step 1 of a job classification pay scale, but any other employee at that location in the same classification will be immediately raised to that same level.
Car Insurance Assistance (25.08)
The Employer refused to pay for the difference between personal and business use insurance for supplied use vehicles.
Mileage rate (25.09)
The Employer refused to increase the rate.
Special Location Travel Allowance (25.10)
The Union refused to allow this allowance to be terminated. It is a small monthly allowance which applies to employees in Terrace and Dawson Creek.
Meal Allowance (25.14)
The Employer refused to increase these allowances.
Parental Leave (26.02)
As allowed by EI rules, the parental leave may now be split into two periods.
Job Evaluation Plan (27)
This article was re-written to formalize the joint job evaluation practice.
Group Life Insurance (28.01)
This benefit was extended to employees up to when they reach 69.
Extended Health Plan and Dental Plan (28.03, 28.04)
An Information Appendix will be included in the Collective Agreement to highlight some of the benefits available to members in an easily referenced document.
Effective January 1, 2011 the employee deductible will increase from $55 to $80 in order to pay for specificincreased limits as outlined here (also effective January 1, 2011):
Vision CareIncreases to $500 from $350 per two year period
Eye ExamsIncreases to $100 from $75 per two year period
PhysioIncreases to $400 from $350 per year
MassageIncreases to $400 from $350 per year
Travel Insurance Discount added
Dental Plan CIncreases to $5,000 from $4,000
Contracting Out (31.01)
The Employer refused to accept any changes to this language.
Relocation of Offices (31.02)
The Employer refused to accept any changes to this language.
CUPE Union Label (32.01)
The Employer refused to accept any changes to this language. The Union maintains that despite language changes we have the right to include the Union label on any documents produced by bargaining unit members.
Clerical Travel (34.01)
The Union maintained the right for clerical staff to refuse to stay overnight for field trips or training.
Temporary Employees (New Article 36)
It was agreed that Collective Agreement language and benefits pertaining to temporary employees be gathered from throughout the agreement and placed together in a new article for clarity.
Wages (Schedule A)
0%, 0% increase as noted earlier
PIC – This position was evaluated in 2009 from an earlier bargained wage rate. New PICs will be paid less than last year’s rate, but there are now five steps where there was previously only one. With time served (repeated temporary or extended contracts) they will increase in wage steps for every 12 months of service. Returning PICs have had their wages maintained at slightly above last year’s level by being placed at a higher Step in the new PIC wage scale.
SA – This position was evaluated in 2009 from an earlier bargained wage rate. This would have reduced SA wages effectively from Grid 14 of the wage scale to Grid 13. Notwithstanding this evaluation the parties agreed to maintain the SA wages at the previously bargained wage rate.
Temporary Market Adjustment (TMA): These TMA’s, ranging from 3% to 15% additives to base pay had been in effect from September 29, 2008 and apply to eleven job classifications located in Head Office. These TMA’s will be maintained at their current levels for the life of this new contract.
Compensation Survey: The parties agreed that the Job Evaluation Committee (JEC) conduct a total compensation survey in order to determine benchmarks for reference to our existing pay line. This will be completed by June 30, 2011. The Union feels that the pay line is no longer accurate, especially at Grid 8 and higher. This survey isno guarantee that the pay line will be corrected or that potentially under-valued positions will be increased. That will depend on the will of the government, the Employer and the Union membershipat the next bargaining session.
Gainsharing (MOU #1)
The Gainsharing agreement will continue with the next payment expected in March 2011.
Gainsharing will be extended to temporary employees who worked a minimum of ______months in the previous year and returned the following year.
The maximum continues to be 5% and the measurement standards were updated.
Transfer Assistance (D2)
The Employer refused to increase the reimbursement for property purchase tax.
Professional Membership Allowance (LOU 16)
The Employer refused to reimburse Candidate (AACI) or Student (RIBC) fees.
CRA Dues Reimbursement (LOU 17)
The Employer refused to extend this agreement to employees recently gaining their CRA and the Union refused to accept this benefit being removed from CRA’s currently receiving it.
Fully Accredited Appraiser II’s (LOU 25)
The bi-weekly bonus for full accreditation will increase from $65 to $71 effective January 1, 2011.
CRA Accredited Appraiser II’s (LOU 26)
The Union refused to allow this language to be deleted.
Transit Pass Program (MOU 28)
The Employer refused to pay for the costs of transit passes.
Health Care Spending Account
The Employer refused to accept a health care spending account.
Fitness Account
The Employer refused to accept a fitness account.
Scent in the Workplace
The parties agreed to have the Joint Occupational and Health and Safety Committee review this issue and establish local policies for a scent free workplace where appropriate.
Telework
The parties agreed to establish a Joint Telework Committee (JTC) within three weeks of the signing of this agreement in order to establish pilot telework initiatives. Some objectives are to determine the pros and cons of telework and establish a long term strategy around this type of work.
Participation will be by mutual agreement. The framework for individual agreements will be determined by the JTC and shall be no longer than three days a week without mutual agreement. The employee will provide a high speed internet connection and the employer will provide the equipment.
The intention of the program is to improve employee satisfaction, commitment, productivity, quality and customer service and to reduce operational costs.
Doctor’s Certificate
The parties agree to review potential changes to this form and amend it by December 31, 2010.
Flexible Hours of Work
The parties agreed that the Joint Labour Relations Committee would review and assess the viability of more flexible work options than already exist by August 31, 2011.