Bargaining Alcohol and Gaming Commmission

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October
Fact Sheet 1
Fact Sheet 2
Fact Sheet 3
Fact Sheet 4
Fact Sheet 5
Fact Sheet 6
Fact Sheet 7

Oct 12/99
Strike deadline

Oct 6/99
Oct 31st strike deadline set

Sep 17/99
A message from your bargaining team

Sept 2/99
Complete bargaining positions

Aug 17/99
Strike vote called for Sept. 13-16

Jul 30/99
It's crunch time

September
Issue Sheet 1
Issue Sheet 2
Issue Sheet 3
Issue Sheet 4

Contact Information

September 2nd, 1999

A strike vote is always serious

We want to make sure that you know exactly what you are voting on, and why your bargaining team feels it needs this kind of support to achieve a decent contract.

This bulletin gives you complete detail on the positions of the two parties in negotiations. We believe we can bargain a much better settlement than what you see below in the AGCO position. But we need your backing to do so. We need you, through your strike vote, to tell the AGCO that you stand behind your bargaining team and you want them to come up with a better offer.

Please read through this bulletin carefully. Think about the impact of a collective agreement that embodies the AGCO language. Think what it will mean in the future.

Remember this is a first collective agreement. Most of us have come from solid collective agreements bargained with the Ontario Government and the Liquor Licence Board of Ontario. We know what a good contract means and we want to keep it.

When you give us a strike mandate, we will return to the bargaining table with the ammunition we need to negotiate a contract we can all be proud of. Without a strike mandate, we have no leverage to move the AGCO away from its current position.

We’re counting on you – and you can count on us to finish the job.

– Your bargaining team

Complete bargaining positions

OPSEU

AGCO

Pay administration

Promotion: definition

Next higher grid, minimum 3% increase No contract language submitted
Demotion: on reorganization or reassignment or reclassification
Continue progress through the grid, then red circle No contract language submitted
Demotion: health reasons
Salary protection for 6 months No contract language submitted

Seniority

Full-time employees, seniority carry over from LLBO and GCC Previous continuous service date only to be used as a tie-breaker in event of layoff but not prepared to put a definition of "continuous service" in the Collective Agreement for a definition of "Seniority"
Contract Employees, time spent on continuous contract be recognized for seniority purposes upon appointment to full-time status Only recognize Seniority after completion of not less than 6 months probation, regardless of previous time as contract employee

Job Postings

Any vacancy or new position that is posted must be for a minimum of 10 working days. Posting to state salary, qualifications, hours of work, location, nature and title of position. Only post permanent vacancies that they decide to fill on a full-time basis. Such vacancies shall be posted for a period of 10 working days.
Temporary vacancies expected to exceed 90 days must be posted Will only post for positions that are expected to exceed 90 days. Vacancies as a result of illness, accident, leaves of absence, maternity and parental need not be posted and can be filled at Employer’s discretion.
Positions modified on the basis of "reasonable accommodation" need not be posted. No to "reasonable accommodation"

If nobody selected, then position can be filled at Employer’s discretion

May assign any employee to the vacancy on a temporary basis for as long as it takes the Employer to run the competition

Job Security

Job security provisions apply for all layoffs Job security provisions apply for layoffs in excess of 90 days
Employer to explore and implement where feasible, alternatives to layoff Only need to explore. No requirement to implement alternatives to layoff
12 weeks notice of layoff Maximum of 8 weeks in accordance with the Employment Standards Act
Layoff, redeployment, displacement and recall to be on the basis of seniority Seniority not referenced in Employer proposal
Displacement order:
• Vacancy
• Bump
• Add to recall list
Displacement order
• Vacancy, only if no training required
• Bump, only if no training required
• Add to recall list
Want a definition of "training" as distinct from "orientation" No definitions
Ability for temporary recall to temporary vacancy No response
Payment of relocation expenses in excess of 50 km No response
Reimbursement of relocation expenses to a maximum of $5,000 as per Management Board Directives No response

Days Off

2 consecutive days off. Every effort to have these as Saturday and Sunday No contract language submitted

Shift Scheduling

Posted 15 days in advance. Premium pay for all or part shifts if changed with less than 120 hrs notice. Unless parties agree otherwise. No response
Minimum 12 hour gap between shifts. No response

Shift Premium

90¢ per hour for hours worked between 5pm and midnight. 52¢ per hour (between 7 p.m. and midnight for inspectors (between 5 p.m. and midnight for EGEOs)
$1 per hour for hours worked between midnight and 7am. 62¢ per hour (between midnight and 5.a.m. for inspectors (between midnight and 7 a.m. for EGEOs)

50% of hours worked must fall in shift.  Shift premium applies only to inspectors and EGEOs.

Rest Periods

15 minute rest period in each half of shift. 15 minute rest period for Inspectors and EGEOs

Call Back

Minimum 4 hours @ time and one half if called back. As per Unioin submission but only for EGEOs

Standby

50% of basic hourly rate for all hours required to be on standby. EGEOs only.  1/4 hourly reate unless on day off or Stat Holiday then 1/2 hourly rate of pay
Return to work within an hour of being called Must return to work within 30 minutes of being called

VDTs

Regular eye examinations for Employees who use VDTs more than 2 hours per day on a regular basis. No. Not needed
Protection for pregnant Employees up to and including reassignment if necessary. Employee’s discretion. No.

Liquor Licence Inspectors

At employee’s discretion, call for assistance if required to enter dangerous premises between 8pm and 5am. No.

Headquarters

Employees to be told designated headquarters. Once designated no change except through job postings or reassignment etc for minimum of two years. No contract language submitted.
Temporary changes can be agreed to between Employee and Employer. No response
Change of Headquarters, without mutual consent, of more than 30 days and in excess of 100kms by road, to be considered a layoff. No response
If an Employee has to change residence as a result of being assigned to a different Headquarters then shall be paid moving expenses in accordance with Employer’s Policy. No response
Where Employee’s residence is declared their Headquarters and they are required to provide office space, then an allowance of $140 per month. No response

Meal Allowance

If Employee required to work overtime in excess of two hours, at end of shift and without prior notice, then an allowance of up to $10 unless a meal is provided. No response
Reasonable time for lunch breaks One half hour
Meal allowance if working in excess of 24 kms away from assigned headquarters and during their normal meal period

Breakfast $8
Lunch $12
Dinner $19

No contract language submitted
Liquor Licence Inspectors to receive $19 meal allowance per shift, when working night shift. No response

Kilometric Rates

Payment for use of own vehicle on employer business:

Southern Ontario
0 – 4,000 km 30¢ km
4,001 – 10,700 km 26¢ km
10,701 – 24,000 km 22¢ km
Over 24,000 km 18¢ km

Northern Ontario
0 – 4000 km 30.5¢ km
4,001 – 10,700 26.5¢ km
10,701 – 24,000 22.5¢ km
Over 24,000 19¢ km

No contract language submitted
Use of privately owned automobile not a condition of employment. No

Time Credits while traveling

Employees to be credited with all authorized time spent travelling outside normal working hours. Employer had a counter proposal that would have applied to AGCO Inspector only but took it off the table at the last meeting
7.5 hours wait time. No
One hour extra at each end if by public carrier. No response
Time calculated on the basis of portal to portal. No response
8 hours non paid sleep time where accommodation is provided. No
Minimum 4 hours pay if traveling on a Holiday or regular day off. For inspectors only

Leave of Absence for Union Business

4 consecutive days off without pay for each delegate to attend Union Conventions. Maximum of 20 days, cumulative, in any contract year to all employees for the purpose of attending Union conventions, seminars and monthly Union meetings. At Employers discretion and subject to operational requirements.
Leave of absence with pay and without loss of seniority or credits for members of the negotiation team (3) while in negotiations, team caucus or Conciliation. No
Leave of Absence without loss of pay or credits for members (3) of the JCC. No response
Leave of absence without loss of pay or credits, (but Employer to be reimbursed by the Union) to Members who are elected to the Executive Board of the Union. No response
Up to 26 days per year for Local President or designate with pay and no loss of credits to attend to the affairs of the Local. No response

Various Leaves of Absence

An Employee may request a leave of absence without pay and without accumulation of credits. Granted at Employer’s discretion. No response
Leave without pay, benefits or seniority (but no loss of) to attend postgraduate, degree or other education course if related to job. Employer to reimburse tuition fees. As per AGCO policy
Leave of absence with pay for special or compassionate purposes.
At Employer’s discretion.
As per AGCO policy

Self-Funded Leave

Self-funding period to be not less than 1 year and not more than 4 years. No response

Leave for Foreign and Intergovernmental

Maximum of 1 year with or without pay. At Employer’s discretion. No response

Voluntary Leaves

Unpaid leave for up to 1 year, at the Employers discretion and subject to operational requirements for:
Extended education or:
Family leave to care for a dependant relative
No response

Leave for Pension Trustees

Leave of absence to be granted without pay and without loss of credits to Joint Pension Trustees. No response

Special or Compassionate Leave

At Employer’s discretion up to 3 days a year. As per AGCO policy

Bereavement Leave

Up to 3 days with pay for:

Spouse
Mother
Father
Mother-in-law
Father-in-law
Son
Daughter
Step-son
Step-daughter
Brother
Sister
Son-in-law
Daughter-in-law
Sister-in-law
Brother-in-law
Grandparent
Grandchild
Ward
Guardian.

1 day with pay to attend funeral for:

Aunt
Uncle
Niece
Nephew

Up to 3 continuous days with pay to include the day of the death and conclude on the day of the funeral for:

Spouse
Child
Father
Mother
Brother
Sister

Plus an additional 5 days without pay if asked for.

If funeral not attended then only 1 of the above days will apply.

1 days leave with pay to attend the funeral of:

Grandparent
Grandchild
Father in Law
Mother in Law
Brother in Law
Sister in Law

The term "Spouse" to include Common Law Spouse" as defined in the Family Law Act

Up to 2 days without pay if funeral of Relative is more than 800kms away. No

Jury Duty

Time off for Employees who are called for Jury Duty or subpoenaed as a witness in civil or criminal proceeding. Yes
Time off for Employees who are subpoenaed as union witnesses in the arbitration process No

Leave for Military Service

Up to 1 week with pay and up to 1 week without pay for Military training at Employer’s discretion. No response

Pregnancy and Parental Leave

Pregnancy and Parental leave in accordance with Employment Standards Act. Pregnancy and Parental leave in accordance with Employment Standards Act.
UI top up No
At Employee discretion can extend leave by an additional 25 weeks without pay. No

Short Term Income Protection

100% salary first 10 working days of absence. 100% salary first 6 working days of absence.
75% for 120 days of absence. 75% for 124 days of absence.
Medical Certificate required after 5 consecutive days of absence Medical Certificate discretionarry at 4 days of absence.  Mandatory after 5  days of absence
If illness carries over from one Calendar year to the next and employee uses all 130 days then must work 20 consecutive before re-qualifies for 130 days more. Must use up all 130 days before being able to go onto next year's entitlement.

Use of Accumulated Credits

If illness goes beyond 130 days then Employee may use accumulated credits. Does not apply if Employee applies for and receives LTIP. No response

Attendance Review Meetings

If Employee called into an Attendance Review Meeting because of excessive absenteeism then entitled to have Union representation present. No response

Hours of Work

36¼ hours per week or 7¼ hours per day for all Employeess with the following exceptions.

Inspectors 37½ and 7½.

As per the Union submission except that Electronic Gaming Enforcement Officers work 40 hours per week on 8 hour shifts.
Auditors to maintain 5 days per year in lieu of overtime No response

Overtime

1½ times Employees regular hourly rate. May be taken as time off or pay at Employee’s option. If not taken off by March 31st of the following year then paid out as cash

Paid to the nearest 15 minutes and paid out within 1 month of working it.

Inspectors 1½ times regular rate for all hours in excess 7.5 a day or more than 5 days a week.

EGEOs same premium rate but only if works in excess of 8 hours a day or more than 5 days a week.

On Call

No proposal $1 per hour for all hours on call

Mandatory for all EGEOs to be on call.

Holidays

New Years Day
Easter Monday
Canada Day
Labour Day
Rememberance Day
Boxing Day
Good Friday
Victoria Day
Civic Holiday
Thanksgiving Day
Christmas Day
New Years Day
Easter Monday
Canada Day
Labour Day
Rememberance Day
Boxing Day
Good Friday
Victoria Day
Civic Holiday
Thanksgiving Day
Christmas Day
Special Holiday proclaimed by Lieutenant Govenor or Govenor General No

Must have completed probation to qualify for stat.

Subject to Emploment Standards Act.

Must work last working day before and first working day after Statutory Holiday unless absent due to: Court duty, vacation, union business, bereavement leave, or in hospital and not receiving WCB for holiday in question. But must work at least one shift in either the week preceeding the Stat or the week after the Stat

If Stat falls on a Saturday, Sunday or regular day off then another day off in lieu. No submission
Double time if working on a Stat Holiday with a minimum credit of 7.25 or 7.50 hours as applicable plus a day in lieu. Inspectors minimum 4 hours @ 1½ times hourly rate plus a day in lieu.

Vacations

¼ days per month during 1st 6yrs
1 2/3 days per month after 6 yrs
2 1/12th days per month after 14 yrs
2½ days per month after 23 yrs.

Credited with vacation at commencement of each calender year.

Maximum 1 year carry over

1 additional week vacation in the 20th and 25th years of employment.

Full-Time Employees who came over at Divestment to be grandfathered as at before Divestment. (No language submitted to date to cover this.) All Employees hired after Divestment (i.e. non GCC and LLBO) then:

Up to 1 year of Service 1 week.
1 or more years of service 2 weeks
7 or more years of service 3 weeks
12 or more years of service 4 weeks

No carry-over without prior approval in writing

Insured Benefit Plans

100% of all benefit premiums to be paid by the Employer. 85% of all benefit premiums to be paid by the Employer.  15% of all benefit premiums to be paid by the Employee.
Can change Carrier but only if no change to Benefits. Can change Carrier at their discretion as long as Benefits in Total is not decreased.
Specific details of coverage to be placed in the Collective Agreement. No Contract language submitted iwth respect to the Benefit Package.  Employer resisting placing Specifics in Collective Agreement.

Long Term Income Protection

66 2/3% of earnings at time of application No response
Restoration of 2% COLA No response
Increase payment levels by $50 per month effective date of ratification. No response

Termination Pay

1 week pay for every year of service from date of Divestment (February 23rd 1998) or hire as applicable. No response

Wages

Recognition of existing grids. No
Wage grid 5 to 8 steps depending on Classification. 3.5% differential between steps. 1 additional step of 3% be added to all grids effective Jan. 1, 1999 Start level and maximum rate only.
Progression through grid automatic. Progression to maximum rate at Employer’s discretion. Based on merit. Non -grievable. A maximum (up to) of 3% a year.
Reasonable wage increase effective April 1st 1998 and January 1st 1999. 1% on ratification
1.35% Jan 1, 2000
1.45% Jan 1, 2001

Part time and Contract Employees

On hold pending resolution of main agreement.

Employment Stability

No contracting out of Bargaining Unit work. No response
Excluded Employees not to do BU work. No response

Pension Plan

To receive any improvements negotiated in OPS.
No contract language submitted.
No response

Authorized for distribution:
Leah Casselman, President

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