TO: All Non-Management Employees Of The New ORC
FROM: OPSEU-ORC Reasonable Efforts (RE) Committee
DATE: November 13, 2001
Now that you have received your Offer of Employment from the New ORC, we want to be sure you know your rights and understand what is happening.
Since July, with the help of OPSEU staff, we have been representing your interests.
We had two sessions at the Grievance Settlement Board (GSB). As a result, OPSEU negotiated a management undertaking to ensure the following:
- Employees will have their OPS seniority considered in filling both full- and part-time vacancies;
- Employee’s rights under the current OPSEU collective agreement (LTIP, WSIB, STD, redeployment, displacement) will continue beyond the legislation’s proclamation date;
- Employees who have been receiving LTIP or WSIB for less than two years, and are declared fit to return to work, are entitled to a job offer from the New ORC;
- Personnel files transferred to the new ORC will not contain performance appraisals, documents relating to discipline or the Attendance Support Program .
We need more protection, but the severe and limiting language of the divestment legislation posed a barrier. We have achieved as much as is possible through the GSB grievance process.
Some good news
The amended MBS-ORC Transfer Agreement and job offer contains many ‘good news’ points.
The salary levels, working conditions and related benefits package are good. Of course these stem from the employer’s (MBS) obligations under our current collective agreements. Our contracts spell out the process for transfer and divestment of our jobs. MBS negotiated this with the New ORC and MBS had to pay the New ORC the
equivalent of our enhanced severance to obtain the benefits, specifically the layoff entitlement.
Some worries
The rights arising from our old contracts provide some protection, but uncertainty remains.
- No term for the transfer agreement: Management can make changes that could harm us.
- Good benefits, but for how long? Benefits, including pensions, are expensive. Management could reduce its costs by cutting our benefits. The trend in non-union workplaces is for management to pay a defined amount (they define it) and you decide what benefits to take. You don’t get everything and you can’t change your
benefits when your needs change!
- Solving disputes: The grievance procedure is extremely limiting, unclear and expensive. We need a fair way to resolve disputes that won’t leave us broke.
- Management could make you work out your severance time.
- Pensions: The Public Service Pension Plan (PSPP) is not equal to the OPSEU Pension Trust (OPT). That’s why AMAPCEO is running a campaign to End the Pension Gap. The OPT has lower contributions and better benefits. In the OPT you have joint control. In the PSPP the government makes all the decisions.
- Surplusing: The limited departmental ‘seniority neighborhoods’ means fewer opportunities in event of downsizing.
There is a way to protect what you receive on Nov. 30 and to improve on the offer.
If we are represented by a union, our salaries, benefits, working conditions, incentive pay programs, etc., included in the New ORC job offer are ‘frozen’ until a new first collective employment agreement is negotiated.
Bargaining for that first contract allows us to seek improvements and changes to reflect our new employment situation. Getting there means signing a union card.
But we still have concerns. In the Oct. 31 QandAs, management misrepresented a few issues.
- In QandA 49 management states that we do not need to participate in a third pension plan. Yes, but if OPSEU is our bargaining agent we would bargain to protect your pension. We would try to get back into the OPT. If successful (and why wouldn’t management want better pensions for their employees?) we would only be in one,
the OPT. We could also bargain to include those hired after the transfer, as we believe that everyone should be treated fairly and equally. There is no substitute for financial security in retirement.
- In QandA 50 management states that “.... it is unlikely that incentive pay program offered by the new ORC will be favored by unions.” OPSEU is not opposed to these programs although they don’t operate in the OPS. Our concern – and we would certainly push for guarantees – is that the program be administered fairly. If the
majority of staff want it, we will negotiate it.
In deciding whether to sign an OPSEU card, please consider the following:
- What is ORC’s history? What evidence do we have that all the problems will be/have been resolved. What is its record on communications? What’s its record on concern for staff?
- Other ministries have gone through privatization and divestment. Although each is different, most have been unfavorable to the employees. A good example is Property Assessment. After only two years, the new employer planned to lay off most of the staff. Fortunately they had recertified, and OPSEU was there to fight for them
and save their jobs. Even though we are more like the private sector we are still tied to the government.
- Management asks for a chance. They say they want to treat us an individuals and if we still want a union we can organize at a later date. While the law lets us organize at any time, we need the protection and representation now during this period of transition and change. We have the union resources to organize now. Why
wait?
- Why does management not want a union? If we are unorganized, management can amend the transfer agreement. They can and will divide us and play us off against each other. Unions help to level the playing field.
- OPSEU has experience and expertise in representing workers in the Broader Public Service. OPSEU negotiates some 500 collective agreements that protect more than 40,000 workers outside the OPS.
Some people say that all unions do is take members’ money, go on strike and protect the ‘deadwood.’
Fact: Dues are used to benefit the members: collective bargaining, grievances, representation.
Fact: There was only one OPS strike. The last collective agreement was reached without a strike, as are about 95 per cent of all contracts.
Fact: Unions do not protect ‘deadwood.’ Unions require employers to prove just cause before firing someone. If there is deadwood in a workplace, management is not using its authority effectively. The blame belongs with management, not the union.
The process starts with you.
If you have not done so already, sign the enclosed OPSEU membership application card and forward it to OPSEU. The cards are confidential and only OPSEU sees them.
When a majority of non-management employees of the New ORC sign up, OPSEU will apply to the Ontario Labour Relations Board (OLRB) to be certified as your bargaining agent.
The OLRB will hold a secret ballot vote to confirm your intention. When OPSEU wins the vote, the OLRB certifies OPSEU as our bargaining agent, and the process of bargaining begins. You elect the bargaining team. You set the demands, not OPSEU. OPSEU provides support and expertise.
You can influence your working conditions in the New ORC. Sign the enclosed card and forward it to OPSEU by Nov. 22, so you can be represented from Day One at the new ORC.
If you have more questions, please contact either of us or visit the OPSEU web site at www.opseu.org (go to the BPS Sectors, to the ORC and hit Go!).
Sincerely,
Jack Haft and Ron Wettlaufer
ORC-OPSEU Reasonable Efforts Committee
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