Prior blog: Issues - 2010 Olympic & Paralympic Agreement (Sept. 09, 2007)
Compromise with an eye to special event management defines the proposed 2010 Partnership Agreement.
Designated Facilities(2) and Employees Working at the Facilities(3)
The City shall:
set the hours of operation and designate the facilities and practice facilities and other sites to be used in preparation for and in conjunction with the 2010 Olympic and Paralympic Winter Games and other sponsored events and celebrations. 2. (a) pg 13The City shall:
designate the positions and assign the employees that will work at the "Designated Facilities and Sites" during the periods that VANOC has exclusive use (2009 November 02 through to 2010 April 09 - 2.(c) pg 13). The Employer shall advise the Union in writing of the positions required within a reasonable time after the Employer makes that determination. 3. (b) pg 14Regular Full-Time, Temporary Full-Time and Regular Part-Time Employees:
who are normally assigned to work at the "Designated Facilities and Sites" who do not wish to, are not able to or are not assigned to work at such "Designated Facilities and Sites" during the "Exclusive Use Period" shall be assigned to other duties consistent with existing flexibility on hours of work available to the Employer under the applicable Collective Agreement with no loss of regular earnings providing there are not other unrelated reasons.., 3.(c) pg 14CUPE had sought to designate all locations as CUPE 15 work sites. The settlement offer instead states VANOC will:
give priority consideration to utilizing CUPE 15 Local members to perform work in the "Designated Facilities and Sites" that is usually performed by employees in the bargaining unit during the "Exclusive Use Period" and to perform work in those facilities and sites that is unique to the "Games" or new to the facilities.CUPE had also, and I believe wrongly, sought to maintain the standard 7 hour/day and 35/week work schedule throughout the "Exclusive Use Period." They also requested that any modifications to work scheduling must be vetted through the union. The Foley settlement offer rightly does not include this request.
However, VANOC retains the ability to use non-Employer employees, non-bargaining unit employees volunteers, contractors, or exempt staff of the Employer to perform any work or direct or manage the work of employees at the "Designated Facilities and Sites during the "Exclusive Use Period." 3(d) pg 14
The City shall:
have the right to transfer employees to or from the "Designated Facilities and Sites" and/or modify available hours at the "Designated Facilities and Sites" during the "Exclusive Use Period" in order to:Staff working at "Designated Facilities and Sites" "may be required to work up to eight (8) hours on a shift or forty (40) hours in a week straight-time hourly rates. 5(a) pg 16
- adjust staffing levels;
- meet operational or program requirements;
- facilitate alternate uses;
- provide back up capability related to the "Games" and/or
- enhance the opportunities for staff to participate in the work related to the Olympic experience. 3(f) pg 15
The City was wrong was in requesting two (2) non-consecutive days off in each week during the "Exclusive Use Period." The mediator's settlement offer states:
Due to the nature of the "Games" and the extended hours of operation, the normal work week during the "Exclusive Use Period" shall be any five (5) days with two (2) consecutive days off in each week. - 5(a) pg 16
CUPE and the City do agree on providing opportunities "to observe or receive training/orientation from specialized personnel engaged in procedures /methods of operation that are not commonplace in public venues" provided VANOC agrees. 3(h) pg 15
CUPE 15 requested and received the $50.oo one time payment to cover the cost of cleaning VANOC issued uniforms. The same provision is within the Richmond Partnership Agreement. 7(d)pg 17
CUPE had also requested the right to wear a CUPE pin. The mediator left the final decision with VANOC but included the modifier "discrete" CUPE pin. 7(c) pg 17
Direction of Employees
CUPE requested that at least one City Exempt staff be at each "Designated Facility and Site" during the "Exclusive Use Period." "to provide direction to the Employers employees."The mediator agrees but states that employees are also expected to take directions from VANOC's designates. 8 pps 17,18
The Foley revised Partnership Agreement improves both the City's and CUPE's offer. It eliminates CUPE's doctrinaire approach to the Olympics by providing a flexible working framework for an immense and complex special event which will confront unexpected problems requiring immediate solutions.