Tuesday, October 9, 2007

Metro-Vancouver LRB Approves Settlement

CKNW reported at 1:00pm that the Metro-Vancouver Labour Relations Bureau has voted in favour of the Foley Settlement Offer.

Sunday, October 7, 2007

CUPE Responds

Vancouver Province - Oct 9 - Strike could go sour: Mediator - Brian Foley responds to CUPE 391 & 1004 criticisms

Vancouver Province - Oct 9 - Unions Unhappy with deal, strike
-----------------------------

Deal in doubt
By Jonathan Woodward, Vancouver Sun
Published: Sunday, October 07, 2007

Vancouver's civic workers' strike could extend into 2008, mediator Brian Foley warned Sunday after two of the three striking union locals recommended rejection of his proposals
. Outside workers and library workers have been urged to turn down the proposal, while negotiators for inside workers have recommended acceptance.

The three Canadian Union of Public Employees locals, which together have some 5,000 members, have been on strike since late July. Local 1004, representing 1,800 outside workers, and Local 391, representing about 700 library workers, will vote on the offer Tuesday, while Local 15, representing 3,500 inside workers will vote both Monday and Tuesday.

CUPE 15 - Inside Workers - YES

Local 15 chief negotiator Keith Graham said that if his members vote Yes, they will return to work immediately, unless they have to cross picket lines.

He said Foley addressed many key issues for his members. "When I look at the whole document, we were able to make some ground in areas we haven't been able to correct for years," he said.

"Did we get everything we wanted? No," he said. "But we can still go back with our heads held high."

If union members vote against the proposal, the strike could well drag into 2008 with no benefit, he said.

CUPE 391 - Library Workers - NO

Meanwhile, at the Croatian Cultural Centre, hundreds of striking library workers were on their feet cheering their negotiators' recommendation to reject Foley's proposal.

Leaders of CUPE 391 wouldn't comment, but several workers walked out of the meeting saying their negotiators had recommended rejection because the key demand of pay equity had been ignored.

Foley said he had proposed raises for 300 of 700 library staff, who are mostly women, in the name of pay equity.

"They would have had a wishy-washy committee that went nowhere," he said. "I didn't give them a committee, I gave them pay equity."

CUPE 1004 - Outside Workers - NO

Meanwhile, Local 1004 bargaining committee representative Dave Van Dyke had some harsh words for Foley as outside workers - including truck drivers and garbage collectors - gathered at the Maritime Labour Centre Sunday morning.

"Foley's sold us down the river," said Van Dyke. The wage increase of 17.5 per cent over five years was acceptable, he said. But what wasn't acceptable was the lack of whistleblower protection, tradesmen not getting large enough salary increases, a too-low cap on deferred vacation, and too-strict disciplinary measures for workers.

"They split the baby in half," he said. "The bargaining committee is recommending turning it down."

Saturday, October 6, 2007

Foley Recommendation Index

News1130 reports that "The results of Tuesday's vote are expected to be made public later that evening."

Vancouver Sun - Inside workers could return to job

Vancouver Sun
in A tale of two worlds for striking workers provides insight on how each CUPE local is thinking.

Vancouver Sun reports in Vote Begins the CUPE bargaining committees' recommendations as:
  • CUPE 15 - YES
  • CUPE 391 - NO
  • CUPE 1004 - NO
Foley Recommendations

Voting Schedule - Revised

Key Points
Foley Quote:

"For complexity, hardened positions and strained emotions, this ranks among the top five among all the mediations I've done in the public and private sector over the years," Mr. Foley said.

He said part of the problem was that the wage package had already been settled by the time his mediation began, leading to other "principled issues" becoming the focus of the strike.

"There were many complicated matters for which detailed wording had to be crafted in understandable, collective-agreement language," Mr. Foley said.

The Globe and Mail - October 6, 2007


Wage & Term, Bonus, Retro, Vacation Cash

All Employees

--------------------------------------------

Wage & Term = 17.5% over 5 years.

Retro Pay
3% 2007 wage increase will be retroactively dated January 1 2007. Previous collected agreement expired December 31, 2006.

Signing Bonus
  • Regular Full-Time, Temporary Full-Time and Regular Part-Time Employees
    • $1000.00 lump sum as soon as possible following ratification
    • pro-rated based on employee's average weekly hours from January 1, 2007 - July 23, 2007
  • Auxiliary Employees
    • qualify for pro-rated return to work payment
    • require 350 hours work minimum from January 1, 2007 - July 23, 2007 & have returned to work by April 7, 2008
    • Pro Rate Formula = #Average weekly hours worked (2007/01/01 - 2007/07/23) x $1000.00 / 40

Signing bonus is subject to the minimum statutory deductions required by law and shall noe be treated as wages for the purposes of pension contributions.

Vacation Cash Out
Any Employee may cash out up to 10 days of current or banked leave entitlements. A one time option for employees it must be exercised prior to the end of business on Novermber 20, 2007.

Miscellaneous
All Employees who return to work shall suffer no loss of seniority. Entitlements to Vacation leave in 2007, Supplementary Vacation, Sick Leave, Gratuity Leave and trigger dates for vacation increases and salary increments shall not be affected by the work stoppage.

Layoffs Due to Contracting Out

Previous blog: Issues - Lay Offs

Most contentious element of the entire bargaining process which started in July 2006. I am not surprised by the mediator's recommendations. It is a fair measured response to a difficult issue.

5. LAYOFFS DUE TO CONTRACTING OUT OF WORK PERFORMED BY CUPE 391 MEMBERS pg 34

6. LAYOFFS DUE TO CONTRACTING OUT OF WORK PERFORMED BY CUPE 15 MEMBERS (CITY AND PARKS) pg 4

The Employer must communicate to the Union no less than six (6) calendar months before the date on which the Employer intends to contract out the work.

Once such contracting out notice is given to the Union, the Employer and the Union will meet, in good faith, to discuss and consider the following:
  • Alternatives to the proposed contracting out;
  • Priority placement of the affected employees;
  • Retraining, job search and outplacement support for the affected employees;
  • Severance Provisions (including early retirement options). If the Employer and the Union cannot agree to the severance provisions, the matter wil be referred to Brian Foley, or another mutually agreeable arbitrator, for a binding decision.

Filling of Vacancies (ALL EMPLOYEES)

Previous blog: Issues: Attraction and Retention

The City receives what it has been seeking. The settlement will allow the city to jointly post, internally and externally, job openings which are at Pay Grade 26 or higher.

Vancouver is the only city in Metro-Vancouver restricted from jointly posting job openings internally and externally.
Where internal and external applicants are considered equally qualified in terms of skills, knowledge and ability, preferene will go to the internal applicant. 12 pg 8

Reclassification / Classification

Written from a CUPE 15 perspective.

Previous blog: Issues - Job Classification

Remember Ron Suzuki. Programmer at Strathcona Community Centre who has been working on a Reclassification Process with 10 other programmers.

Problem - it's been 10 years and counting. That's called negotiation by attrition.

The new proposed process is streamlined and allows either side, City or CUPE, to request arbitration. Arbitration has tended to work in the unions favour. The proposed process would take between 119 and 209 days or just under 7 months.

It is, as I hoped, binding.

Dispute Resolution Process

Any difference concerning the allocation of a position to an existing Schedule "A" class or to a new or amended classification established by the Employer, or the Employer's refusal to conduct a classification review, shall be dealt with in the following manner.

1. Request for Information
  • If Union disagrees with a decision, noted above, it must contact the General Manager, Human Resource Services within 14 days of receiving the decision.
  • The General Manager, Human Resource Services has 14 days to respond.
  • If the Union disagrees with the response and wishes to pursue the matter both parties move on to Step 1.

2. Step 1
  • Involves a large group meeting of Union and Employer representatives.
  • "The focus of the meeting will be fact-finding on job duties and responsibilities."
  • The Employer will respond within 21 calendar days of the Step 1 meeting.
  • If the grievance is not resolved the Union has 21 calendar days from receiving the Employers response to refer the grievance, in writing, to Step 2.

3. Step 2

The focus of the meeting will be:
  • the application of classification principles in allocation the disputed position to either an existing Schedule "A" classification or a new classification established by the Employer.
The Employer has 21 calendar days to respond.

If the grievance is unresolved after the conclusion of Step 2, the Union may advance the grievance to Arbitration by advising the General Manager, Human Resource Services in writing with 14 calendar days of the final Step 2 response.

4. Arbitration

The Union and the Employer have 14 days to decide on an arbitrator. If they can not decide withing 14 calendar days of the referral then either side may "Apply to the Director, Collective Agreement Arbitration Bureau, within the following 90 calendar days make the appointment of the arbitrator.

If, however, after no agreement and no referral to the Director, Collective Agreement Arbitration Bureau, the grievance shall be considered dead.

If the grievance does proceed to an Arbitrator the decision shall be final and binding on both parties.

Each party will pay half the expenses of the Arbitrator and the expenses of their representatives.

Ray Cam and Britannia Schedule "A" Employment Pool will be part of the process, by the Arbitrator, when considering the proper allocation of a position in classification disputes.

Scheduling Auxiliary Employees

Written from a CUPE 15 perspective.

Previous blog: Issues - Scheduling Auxiliary Employees

A good compromise is developed which provides the City with flexibility in scheduling yet develops a process to convert an auxiliary position into a Regular Full-Time or Part-Time employee.

7. JOINT COMITTEE - AUXILIARY SCHEDULING (CITY AND PARKS) pg 4 - 5
The Employer will review the feasibility of developing or acquiring a system(s) or establishing processes that will:
  • facilitate the scheduling of Auxiliary staff in both the City and Park Board;
  • assist in matching employees' skills, competencies, and qualifications with the availability of work;
  • make more transparent to both employees and members of the public seeking work the employment opportunities within the City and Park Board; and
  • link available employment opportunities to the City's recruitment and advertising processes, including civic websites.

The second point, above, is the most critical piece. If CUPE's original offer had been accepted any Auxililary could request placement in any position based on seniority. Skills, competencies and qualifications become the guiding process in hiring for auxiliary positions.

8. AUXILIARY EMPLOYEE CONVERSION REVIEW (CITY AND PARKS) pg. 5-6

This joint committee will make two sets of recommendations. The first is due June 30, 2008 and the second June 30, 2001. Reports are submitted to the "General Manager of Human Resource Services who will provide recommendations to City Council and the Park Board."
"The Employer shall share with the Union all information necessary for the review process including:
  • the pattern of auxiliary hours over the past two(2) years and
  • the operational criteria applied previously in conversion reviews done by the parties in both Parks and the City.
The Union will be provided with the opportunity to conduct worksite visits to review exisitng employees' shift schedules.
Once committee discussions have concluded:
  • the Employer will identify the auxiliary hours that the Employer is prepared to convert to Regular Part-Time positions based on the criteria of previous conversion reviews;
  • the Employer will also identify the employees who would be affected by such conversions.
The last two points could be problematic given the level of trust between CUPE executive, staff and the senior managers.

MY VIEW

A fair process which reduces the ability of managers to bypass qualified staff with favourites has been formalized. The system will match skills, competencies and qualifications and allow Auxiliary and Temporary staff to register their availability for work and their intent to:
  • seek regular full-time or regular part-time employee status;
  • return from one season to another or form program period to another; or
  • simply be available on an on call basis.

If the Joint Committee is not dysfunctional then converting those auxiliary postions which match the committee's criteria into regular full-time and part-time positions will benefit those staff.



Settlement Offer in Brief

Source: Vancouver Sun, Saturday October 6, 2007

WHAT DOES EVERYONE GET?

Foley's 39 pages of recommendations include:

ALL UNIONS

  • 17.5-per-cent increase over five years.
  • $1,000 signing bonus and a provision that vacation time and progression up the pay ladder, usually based on years worked, will be calculated as if the employee had been at work during the strike.
  • Contracting-out language that requires the city to give six months' notice before any contracting out and provision for employees doing that work to be offered alternatives like other jobs, early retirement or retraining.
  • A "partnership agreement" laying out ground rules for city work at Olympic venues, giving workers some rights to work and the city some flexibility in rescheduling work (library workers not included in THIS).

INSIDE WORKERS

  • City to "consider" seniority when it is assigning work to casual employees.
  • A process to convert casual workers to full-time or regular part-time status.

OUTSIDE WORKERS

  • A $1-an-hour increase, above all other increases, for trades workers.
  • Joint committee to work out a four-day week for people who work in garbage collection, equipment maintenance and parks.

LIBRARIANS

  • 300 of the library's 700 employees, mostly the higher-paid full-time staff, get moved up the pay scale.

THE CITY

  • Labour peace
  • Language in provisions like contracting out, harassment policy and whistleblower protection that gives the employer reasonable room to move.
  • Ability to give staff hired from other municipalities the same vacation time they would get in their new job as they had in their old one.
© The Vancouver Sun 2007

2010 Olympics - Settlement Offer

This is written from a CUPE 15 perspective.
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 13
The 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 14
Regular 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 14
CUPE 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.

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
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.

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:
  • 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
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

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

Uniforms

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

MY VIEW


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.

Library Workers - Settlement Offer

ALERT - Library Workers - Vote Tuesday @ Central Library

Please be advised that CUPE 391 (Vancouver Public Library workers) will be voting on whether or not to accept mediator Foley's recommendations and previously agreed to items as basis for settlement on Tuesday, October 9th, 2007 from 9:30am to 5:30pm in tents outside Central Library. (Initially, the library workers were scheduled to vote on Sunday.)

CUPE 391 lists four bargaining issues:

* Pay equity
* Improvements for part-time and auxiliary workers
* Improved language for job security
* Improvements for health benefits

Pay Equity
The Achilles heel of the entire settlement offer as no pay equity language is included. CUPE 391 members were hoping for language similar to the Burnaby Library agreement:
Pay Equity for Library Workers: A Joint Committee will oversee a review of all library classifications (except the Page classification) to compare them with City of Burnaby classifications. The review will be complete by the end of 2007. Up to 2% of Library straight-time payroll in 2007 and up to 1% in each of 2009, 2010 and 2011 will be provided to fund pay adjustments for library classifications. While this won’t achieve full pay equity, it is a major step forward.
The City of Surrey did settle with it's Library staff:
Pay equity was not a bargaining issue in this round, as it is for striking Vancouver library workers (CUPE 391), as Surrey already put a gender-neutral job evaluation plan in place a number of years ago that was recently updated. This plan resulted in significant wage increases for a number of lower paid classifications. SOURCE: CUPE BC
Brian Foley responds in the Saturday October 6 Vancouver Sun

Their biggest issue was getting pay equity for library workers, who are paid less than city workers for what they feel is work of equal complexity. Library union negotiators had asked for a committee to make recommendations on how to even out the differences.

Foley decided not to do that.

"I didn't want to give them some wishy-washy committee. Just give them the damn money."

The settlement offer does upgrade multiple positions one pay grade but also includes the following language:

17. (b) The following footnote will be added to the Wage Schedule:
  • "The employer and the Union agree that, where a wage adjustment is made, it shall not be used as the basis for argument or as comparison criteria to alter the classification or value of any other classification."
Improvements for Part-Time and Auxiliary Language

CUPE 391 described this issues as:
  • Almost half of CUPE 391 members are either part-time or auxiliary workers. Of these 380 workers, only 50 members receive any kind of pro-rated health and vacation benefits. The rest of these employees receive only a small percentage in lieu of benefits that comes nowhere near fair compensation.
Offer includes:

(6) WORK SCHEDULING - AUXILIARY AND PART-TIME EMPLOYEES

A new Letter of Understanding entitled "Work Scheduling - Auxiliary and Part-Time Employees" will be incorporated into the collective agreement.

A Joint Committee will be established, consisting of not more than (3) representatives for the Employer and the Union, to review and to discuss issues around access to and scheduling of part-time and auxiliary hours. . . Committee shall remain in place until June 20, 2008, but no later, by which time it shall report its findings and any recommendations to their respective principals. Where a recommendation is approved by the principals of both parties, such recommendations shall be implemented no later than prior to the next round of collective bargaining. (Ed. Note - 2012)


Excluded Positions (15) RECOGNITION AND SCOPE

Seven positions are proposed as excluded though incumbent can chose to remain in the bargaining unit. One the incumbent vacates the position then the position is excluded from the bargaining unit.


Improved Language for Job Security

CUPE 391 stated:
  • Contracting out is a big threat to our workforce and the public services we provide. Contracting out is a trend that offers no real savings while negatively affecting our ability to offer a quality service. We can not afford to lose talented people who care about the communities in which they work.
Contracting out language, in this offer, is the same as it is for CUPE 15 and 1004. I will discuss it in a later post.

Health Benefits

Family Illness(10) and Gratuity Plan(11) are included for part-time staff.

Extended Health Plan (7) is the same as it is for CUPE 15 and 1004

MY THOUGHTS

I did not expect pay equity language in the offer. I think the City is arguing that it is the role of the provincial government to develop pay equity language which is consistent across the province instead of the current ad hoc municipality by municipality approach. Ontario has such legislation in place. I also believe Mr. Foley sensed no give from the City on this issue.

Regarding auxiliary and part-time employees the library offer lacks an "Auxiliary Employee Conversion Review (8) pg 5" found in the CUPE 15 offer. I don't know if this was sought by the Library bargaining team.

CBC TV news, last night, best described the thinking on the library picket line. It's deciding between what was sought and an empty wallet.

I won't venture on how CUPE 391 will vote. It will be a long thoughtful weekend for these union members.

----------------------

Anonymous said...

Many Library employees are upset that the vote is being held on Sunday, forcing them to decide between pre-existing Thanksgiving plans and the vote.

October 5, 2007 7:21 AM


Friday, October 5, 2007

CUPE Update - Oct. 5, 2:14pm

ALERT: Foley's recommendations and previous agreed to items

[October 5, 2007 02:14 PM]

CUPE 15, CUPE 391 and CUPE 1004 bargaining committees are currently meeting to review Foley's recommendations and all previous agreed to items. They are considering whether or not they will recommend or reject Foley's recommendations.

Find relevant documents below:

* CUPE 15, CUPE 1004 and CUPE 391: Foley's Recommendations
  • cleaner copy than CBC.ca post
* CUPE 15: Items previously agreed to
* CUPE 1004: Items previously agreed to
* CUPE 391: Items previously agreed to