CENTRAL AND UNIFIED BARGAINING UNITS
PROPOSAL ON ALL OUTSTANDING ISSUES IN DISPUTE
The Employer proposes to renew the expired Central and Unified Bargaining Unit collective agreements with the following amendments:
Central Collective Agreement
1. Pay Equity / Classification
- proposed new letter of
understanding (attached
2. Ministry Employee Relations Committees
- new letter of
understanding and attached terms of reference – as agreed
April 27, 2005 (attached)
3. Appendices 1 and 2 – Union Dues
- proposed new letter of
understanding (attached)
4. Workload
- new letter of understanding as agreed April 27, 2005 (attached)
- proposed amendments to Articles 9 and 60 (attached)
7. Information to New Employees
- proposed new Articles 5.3 and 5.4 (attached)
8. Reclassification
- proposed new Article 22.12.4 (attached)
9. Articling Students
- proposed new letter of understanding (attached)
10. In-Placement / Workforce Adjustment
- proposed new Article 20 (attached)
11. Termination Pay
- proposed new Article 53.10 (attached)
- proposed new letter of understanding (attached)
12. Modern Recruitment
- proposed new Article 6.2A (attached)
- proposed amendment to Article 56.1.1 (attached)
13. Ontario Internship Program
- proposed amendments to Appendix 19 ( attached)
14. Pension Issues
- extend surplus factor 80
to March 31, 2006, subject to appropriate language to be agreed, to be applied retroactively to all persons declared surplus from and after January 1, 2005
15. Term
- 3 years, expiring December 31, 2007
16. Retroactivity
- except as otherwise indicated, all changes to the most recently expired collective agreement to be effective the date of ratification
Unified Bargaining Unit Collective Agreement
- increase all rates across
the board effective January 1, 2005 – 2%
- increase all rates across
the board effective January 1, 2006 – 2%
- increase all rates across
the board effective January 1, 2007 – 2%
- above increases to be
compounded
- delete UN16.2.1, 16.2.2,
and 16.2.3 and replace with new UN16.2 (attached)
- special adjustments – see
attached
18. Appendices
- Appendices UN4 and UN7 – as agreed May 4, 2005 (attached)
19. Training and Development
- proposed revised Appendix
UN3 (attached)
20. On-Call Duty
- amendment to Article UN11.5 as agreed April 27, 2005 (attached)
21. Term
- 3 years, expiring December 31, 2007
22. Retroactivity
- adjustments to wages to be effective January 1, 2005, retroactive payments to be made as soon as reasonably possible after ratification
- except as otherwise indicated, all changes to the most recently expired collective agreement to be effective the date of ratification
Letter of Understanding
Mr. Terry Baxter, Chief Negotiator
Ontario Public Service Employees Union
100 Lesmill Road
North York, Ontario
M3B 3P8
Re: Classification System
Dear Mr. Baxter,
This will confirm certain understandings reached during collective bargaining regarding the classification system.
Both parties recognize that the current classification system is outdated and requires revision. Previous attempts to design a new system have been unsuccessful, and it is recognized that any such undertaking, because of its size and complexity, must be
addressed with a large measure of care and deliberation.
With these principles in mind, the parties agree to the following:
1. As soon as possible after ratification, the parties will establish a joint working
group, consisting of two (2) persons appointed by each party, to:
a) examine the current classification system and its shortcomings;
b) consider and evaluate options for replacing the existing classification system;
c) assess methods of ensuring pay equity compliance, including pay equity maintenance;
d) make recommendations to each party’s principals on an appropriate approach and a
plan for replacing the existing classification system.
2. The joint working group shall attempt to reach consensus on its findings and
recommendations, and shall endeavour to prepare a joint report to the extent that it is possible. To the extent that a joint report is not possible, the representatives appointed by each party may prepare separate reports.
3. It is understood that the expectation is that the joint working group will complete
its work in time for the parties to take it into account during the next round of bargaining. Thus, any report or reports shall be delivered no later than three (3) months prior to the expiry of the collective agreement.
4. It is understood that the joint working group shall not deal with any salary
issues.
5. To assist in addressing the current backlog of classification grievances, the
Employer will agree to release two (2) employees in the bargaining unit for a period of six (6) months, with no loss of regular pay, for the purpose of assisting in having the current backlog dealt with by the JSSC. The parties undertake to expedite the consideration of all outstanding classification grievances by the JSSC as soon as possible, and
will cooperate to ensure that this is done.
6. The parties agree to a moratorium on any new classification grievances or
complaints during the term of the collective agreement. It is also agreed that during the term of the collective agreement neither party shall initiate, pursue, or support any challenge to the pay equity plan or its maintenance, whether before the Pay Equity Commission and/or the Pay Equity Hearings Tribunal or in any other forum.
Yours truly,
Elizabeth McKnight
Director, OPSEU Negotiations
Centre for Leadership and Human Resource Management
Letter of Understanding
Mr. Terry Baxter
Chief Negotiator, OPSEU
100 Lesmill Road
North York, Ontario
M3B 3P8
Re: Ministry Employee Relations Committee
Dear Mr. Baxter:
During bargaining, the parties have agreed on the value of communications at the local level. To that end, it is agreed that a Ministry Employee Relations Committee will be established within each Ministry, which shall be deemed to be the ERC as referred to in
Article 16.2, and the attached model terms of reference may be adopted or adapted as determined by the parties. It is understood that this does not affect the Ministry of Community Safety and Correctional Services, which already has terms of reference attached to the Correctional Bargaining Unit collective agreement.
Yours truly,
Elizabeth McKnight
Director, OPSEU Negotiations
Centre for Leadership and Human Resource Management
MINISTRY EMPLOYEE RELATIONS COMMITTEE
TERMS OF REFERENCE
PURPOSE
The parties recognize the value of discussing issues of mutual interest in order to achieve understanding and where required resolution and thus enhance the relationship between Management, the Union and the Employees. It is understood that resolutions
reached at these meetings shall respect the rights and entitlements contained in the collective agreement.
DUTIES OF THE COMMITTEE
The committee shall discuss issues as submitted by the parties in sufficient time to allow for proper preparation in advance of the meeting.
Items may be raised at the meeting itself but only for the purpose of being scheduled for discussion at a subsequent meeting, unless otherwise agreed to by the parties.
The committee shall discuss issues that have been referred from the workplace level that have been discussed at that level but have not been resolved.
The committee may refer to the CERC items that have been discussed at this level but remain unresolved.
The committee will establish a timeframe within which to respond to an agenda issue discussed at a meeting. In determining a timeframe the parties shall consider the complexity of the issue and allow sufficient time to investigate and respond. In the event
that the parties cannot determine a timeframe, a response must be given within thirty (30) working days from the date of the meeting at which the issue was discussed.
An agenda as developed by the Co-Chairs shall be circulated to the members of the committee at least three (3) working days in advance of the date of the meeting.
COMPOSITION
There shall be up to five (5) members from the Union, which may include an OPSEU staff representative, and an equal number from Management.
Other resources can join a meeting to discuss a particular item on the agenda.
CHAIRS
The committee shall have Co-Chairs, one from management and one from the union who will ensure the following:
·
Schedule meetings
· Develop
an agenda
· Ensure
that minutes are prepared by the Ministry and released in a timely fashion
·
Alternate as chairs of a meeting. It shall be the responsibility of the Chair to ensure that discussion proceed in a manner that allows full discussion of the views of the members in an atmosphere of dignity and respect.
FREQUENCY OF MEETINGS
There shall be at least four (4) meetings per calendar year.
Other meetings may be scheduled with the agreement of the Co-Chairs.
TIME OFF
Union members of the committee shall have the time spent travelling to scheduled meetings, and the time spent at the joint meetings of the committee with no loss of regular pay, seniority and credits.
Without Prejudice
APPENDIX 1
DATA FILE ON UNION DUES
Mr. Terry Baxter, Chief Negotiator
Ontario Public Service Employees Union
100 Lesmill Road
North York, Ontario
M3B 3P8
Re: Union Dues Data File
Dear Mr. Baxter,
This letter will confirm the understanding reached regarding the provision of union dues data for all bargaining unit employees and replaces the previous Appendix 1 and Appendix 2. This letter describes the parties’ administration of Union dues check-off for all bargaining unit
employees.
The Employer shall provide the Union with a monthly data file on Union dues. The data file shall contain the following information fields:
Ministry, Employee Name, Employee ID Number, Employment Status (i.e., active, leave with pay, leave without pay, terminated), Continuous Service Date, LTIP Reason (i.e., pending, approved, rehabilitation, reoccurrence), Full/Part Time Indicator, Employee Class (i.e., Classified,
Unclassified), Sex, Geographic Work Location, Benefit Base Salary, Job Classification Code, Title and Category/Module, Payrate Amount and Code, Scheduled Hours, Class Schedule, Job Dues/Fees Code, Total Dues Deducted, Total Earnings, Home Position Indicator, Union Group, Change Indicator, and Reason Code.
Currently SIN numbers are being used in the place of the Employee ID number. The parties agree that the SIN number will be replaced by the Employee ID number within one year of ratification, during which time the parties will coordinate their electronic databases to facilitate
this change.
Yours truly,
Elizabeth McKnight
Director, OPSEU Negotiations
Centre for Leadership and Human resource Management
Letter of Understanding
Mr. Terry Baxter
Chief Negotiator, OPSEU
100 Lesmill Road
North York, Ontario
M3B 3P8
Re: Workload Issues
Dear Mr. Baxter:
This will record certain understandings reached during collective bargaining.
The Union has advised that workload issues are of concern to some employees in the bargaining unit, and that there have been some innovative joint solutions that have been discussed and addressed through dialogue between the parties.
Thus, the parties have agreed on the following principles:
a) If an employee or employees have a concern(s) regarding workload, it should first be
discussed with the appropriate manager;
b) If the issue remains unresolved, the Union may raise it at the appropriate MERC;
c) The parties recognize that open and candid dialogue and a mutual commitment to
building trust will go a long way to the resolution of the issues that arise.
d) While the parties understand that the MERCs, as a part of their mandate, will monitor
and attempt to resolve specific workload issues, such issues shall remain at the MERC and shall not be referred to the CERC.
e) Where service delivery crosses more than one Ministry, the affected MERCs will form a
working group to resolve workload issues. Where necessary, the CERC may be called upon to assist in the establishment of the working group.
It is understood that this letter is to be read in conjunction with Article 16 (Local and Ministry Negotiations).
Yours truly,
Elizabeth McKnight
Director, OPSEU Negotiations
Centre for Leadership and Human Resource Management
ARTICLE 6.8
Article 6.8 (new):
6.8 Where an employee is assigned to a position in order to accommodate the
employee’s disability-related needs, the position shall not be considered a vacancy for the purposes of this article.
[corresponding amendments to Article 56]
ARTICLE 42
Article 42.10 is amended by adding the following sentence:
“Notwithstanding Articles 20.3.1 (a) and 20.3.2, such an employee may be assigned to a vacant position in a classification having the same or a lower maximum rate as that of the range specified in Article 20.3.1 (a), either:
(a) where there are no positions available within that range, for which the applicable
conditions in Article 20.3.1, other than clause (a), are met; or
(b) with mutual consent.”
ARTICLES 9 and 60
Add the following new Article 9.5.1:
9.5.1 For all the purposes of this Article, the term “VDT operator” shall mean an employee
whose job involves the
performance of work requiring the continuous use of a computer terminal, including the viewing of a computer screen, for at least 6-˝ hours of the employee’s shift.
Amend Article 9.6 by changing “At the beginning of assignment to a VDT and annually thereafter” to read “Every two (2) years” and by striking out the words “for two (2) hours or more per day”, and delete the last sentence of Article 9.6 and replace with:
“The Employer shall pay a VDT operator the sum of $40.00 for each eye examination required by this Article, upon submission of a receipt in such form as the Employer may require.”
[Corresponding amendments to Article 60]
ARTICLE 5
Article 5.3 and 5.4 (new):
5.3
Where the Employer establishes a new classification or creates a new position within the bargaining unit, the Employer shall provide the Union with a copy of the class standard and/or position description at the relevant MERC.
5.4
Upon written request to the employee’s immediate supervisor, a classified employee in the bargaining unit shall be provided with a copy of his or her current position description and other documents, if they exist, related to the duties and responsibilities of the position, e.g. physical demands analysis. This information shall be provided within
20 working days of the request.
ARTICLE 22
Article 22.12.4 (new):
20.12.5 If, at the end of retraining, the employee is qualified to perform the work of the vacancy to which he or she has been conditionally assigned, he or she will be appointed to that vacancy.
20.12.6 If, at the end of retraining, the employee is not qualified to perform the work of the vacancy to which he or she has been conditionally assigned, he or she will be laid off at the end of the notice period with
rights of recall.
20.12.7 The assignment of an employee to a vacancy in accordance with Article 20.53 (Redeployment) or Article 20.6 (Recall) shall have priority over the assignment of a surplus
employee under Article 20.12.
20.12.8 Notwithstanding Article 20.12.7 above, if an employee has already been conditionally assigned to a vacancy, a qualified surplus employee will not have the right to be assigned to that position.
20.12.9 Where an employee is appointed to a position in accordance with Article 20.12, Article 7.4 (Pay Administration) shall not apply.
20.12.10 Time spent by the surplus employee in activities
outlined in Article 20.12, shall be with pay and no loss of credits.
20.12.11 Where an employee is given a conditional assignment within a classification having a higher maximum rate, pursuant to Article 20.12.4(b), it shall not be considered a promotion under Article 7.
20.13 PROBATIONARY EMPLOYEES
20.13.1 The Employer will extend to probationary employees the benefit of the employment stability provisions found in this article, as follows:
(a) The probationary employee’s “seniority” shall be calculated from the first day of his or her probationary period, including any service which is credited to the employee pursuant to
Article 31A.13.1 (Unclassified Employees).
(b) For the purposes of the application of Articles 20.2 (Notice and Pay in Lieu), 20.35(Redeployment), 20.6 (Recall) and 20.7 (Voluntary Exit
Option) to probationary employees, the probationary employee’s “continuous service” and “period of employment” shall be deemed to have commenced with his or her most recent actual period of employment.
(c) The provisions of Article 20.4 (Displacement) shall not be applied to probationary employees nor shall they have the benefit of any rights arising pursuant to Article 20.4.
20.13.2 Nothing in Article 20.13 shall be deemed to be
a recognition of “seniority” or “continuous service” in probationary employees as those terms appear in Article 18 (Seniority).
20.14 TECHNOLOGICAL CHANGE
20.14.1 Where it is necessary to release an employee who has completed his or her probationary period, because of the introduction of technological change in equipment or methods of operation, at least three (3) months’
notice in advance of the change shall be given to the employee affected and to the Union. For greater certainty, it is understood that such notice shall not operate so as to extend any other notice to be given under this Agreement, and it may run concurrently with any such other notice.
20.14.2 The matter will then be referred to the CERC to discuss and to attempt to resolve the problem with relation to the reallocation and retraining of the affected employees with a view to minimizing the effects of the
Employer action required to be taken.
20.15 CONTINUANCE OF INSURED BENEFITS
20.15.1 Except as provided in Article 20.15, all benefits coverage under Part B and Part C of the Central Collective Agreement (Employee Benefits for Full-Time and Regular Part-Time Civil Servants) will cease at the end of
the month in which the employee is laid off or resigns, save and except coverage as provided under Article 36.3 or 64.3 (Insured Benefits Plans) and Article 40.5 or 68.7 (Dental Plan).
20.15.2 An employee who, pursuant to Article 20, is laid off or resigns and receives pay in lieu of notice may continue benefits coverage at his or her own expense, except for coverage under Article 44 (Short Term Sickness
Plan) and Article 42 (Long Term Income Protection), for a period of twelve (12) months following lay-off or resignation by arranging to pay the full premiums, in advance, on a quarterly basis.
20.15.3 Failure by the employee to pay the premiums as specified in Article 20.15.2 will disentitle the employee to any further benefits under Article 20.15.
20.16 JOB REGISTRY SYSTEM
20.16.1 The parties agree that an OPS-wide job registry system shall be developed by the Management Board Secretariat and shared with the CERC, to track all funded classified vacancies as approved to be filled by the
Employer. Such vacancies shall be reported by ministries to the Employer Management Board Secretariat for inclusion in the registry. Names of surplus employees shall be reported by ministries to Management Board Secretariat
the Employer and the Union once an employee is given written notice of lay-off. Monitoring of the job registry and redeployment results will be reported to Management Board of Cabinet and CERC by the Employer Management Board Secretariat
on a quarterly basis.
20.17 MONITORING AND REPORTING
20.17.1 There shall be central monitoring and reporting of vacancies with respect to the job registry and redeployment processes in accordance with Article 20.16 (Job Registry System).
20.17.2 The Employer agrees to share job registry and redeployment data with the CERC.
20.17.3 The JESS may establish standards and norms governing the review of qualifications and assessment of surplus employees.
20.18 GENERAL
20.18.1 It is understood that when it is necessary to assign a surplus employee to a vacant position in accordance with Article 20.5 3 (Redeployment) or recall a laid off
employee in accordance with Article 20.6 (Recall), the provisions of Article 6 (Posting and Filling of Vacancies or New Positions) shall not apply.
20.18.2 For purposes of Article 20, lay-off means the same as release per section 22(4) of the Public Service Act, Revised Statutes of Ontario, 1990, Chapter P. 47, as amended.
20.19 PAYMENT OF MONIES
20.19.1 The Employer shall endeavour to phase in lump
sum and severance payments over two (2) calendar years, if the employee so requests and if legislation permits.
[Appendix 9, para. 4 and Appendix 18, para. 6C.2 require consequential amendments to delete the references to Article 20.3 (Separation Allowance)]
[Appendix 14 becomes redundant, and it is noted that it has expired and is not renewed]
ARTICLE 53
Article 53.10 (new):
53.10.1 Notwithstanding Articles 53.1, 53.2, 53.3 and 53.4, the following shall apply to employees who resign their employment;
(a) any entitlement to a payment on termination of employment under Articles 53.1,
53.2, 53.3 and 53.4, for a person who resigns his or her employment from and after _______ shall be based on continuous service up to and including that date, and no further entitlement under these provisions shall be earned by a person who resigns his or her employment, for any period of continuous service from and after that date;
(b) an employee with less than five (5) years of continuous service as of ______, and
who resigns his or her employment from and after _______ shall receive no payment under Article 53.4;
(c) a person hired from and after _______, and who resigns his or her employment
shall receive no payment under Article 53.4.
53.10.2 For greater certainty, Article 53.10.1 does not affect the entitlement of employees who resign during the surplus notice period, as provided by Article 53.4 (a) (4).
Letter of Understanding
Mr. Terry Baxter
Chief Negotiator, OPSEU
100 Lesmill Road
North York, Ontario
M3B 3P8
Dear Mr. Baxter:
Re: Article 53 / Appendix 9
Questions have arisen respecting the effect of the amended Article 53 on the rights of employees, under Appendix 9, who transfer to a new employer. This will confirm that such an employee shall continue to receive termination pay under Article 53 based on his or her
full years of service, notwithstanding that such an employee is deemed to have resigned.
Yours truly,
Elizabeth McKnight
Director, OPSEU Negotiations
Centre for Leadership and Human Resource Management
ARTICLE 6
Article 6.2A (new)
6.2A.1 Notwithstanding Articles 6.1.1, 6.1.2, and 6.2, the Employer may advertise for vacancies, anticipated vacancies, or both, as they arise.
6.2A.2 Where the Employer advertises for anticipated or existing vacancies pursuant to Article 6.2A.1, the advertisement relating to such a position shall state, where applicable, the nature and title of the anticipated or existing positions, salary,
qualifications required, and the hours of work schedule as set out in Articles UN2 and COR2 (Hours of Work), and whether any area of search criteria will be applied by the Employer in selecting candidates for such positions and/or appointing persons to vacancies.
6.2A.3 It is understood that the Employer will select successful candidates from those who have applied to positions advertised pursuant to Article 6.2A, and will place them on a list of qualified persons to be eligible to be appointed to vacancies in
such positions as they arise. When a person is placed on such a list, he or she shall remain on the list for twelve (12) months, until he or she is appointed to a vacancy, or until he or she is offered a vacancy and declines it, whichever is sooner.
6.2A.4 In filling vacancies for positions under this Article 6.2A, the Employer may select candidates taken from the list of persons referred to in Article 6.2A.3, and the provisions of Articles 6.3, 6.4, 6.5 and 6.7 shall apply as applicable.
Amend Article 6.6.1(b) by adding “6.2A” after “6.2”.
ARTICLE 56
Amend the second sentence of Article 56.1.1 by inserting the words “either electronically or” after the word “posted”.
APPENDIX 19 (Ontario Internship Program)
The Memorandum of Agreement is renewed for the duration of the new collective agreement with the following amendments:
(a) amend “Management Board Secretariat (MBS)” in the Preamble to read “the
Employer”;
(b) amend “up to 150” in paragraph 2 to read “up to 200”;
(c) amend “by MBS” in paragraph 3 to read “by the Employer”;
(d) add to the first sentence of paragraph 3 the words “or for such longer period as
may be agreed between the Employer and OPSEU.”
(e) Add the following new paragraph 5.1:
“5.1 An intern may apply for vacancies in the bargaining unit for a period of one (1) year after the expiry of his or her contract.”
ARTICLE UN16 - SALARY
Delete Articles 16.2.1, 16.2.2 and 16.2.3 and replace with:
“ 16.2 Effective January 1, 2005, an employee who is at the maximum of the salary range for his or her classification shall continue to be eligible for an increase to his or her rate of pay of three percent (3%) over the maximum rate of the
classification. Such increase shall be based on satisfactory performance. For greater certainty, this increase is in lieu of, and not in addition to, the amounts provided for under 16.2.1, 16.2.2 and/or 16.2.3 of the former collective agreement. “
The following are special classification adjustment proposals. These increases will be applied to existing rates, prior to any across the board increases, and an ATB increase on the same date will be compounded on the special adjustment.
1. The salary rates for all steps in the Air Engineer
class series will be revised as follows:
i. 3% on January 1, 2005
ii. 3% on January 1, 2006
iii. 1% on January 1, 2007
2. The salary rates for all steps in the Pharmacist
Staff class will be increased as follows:
i. 4% on January 1, 2005
ii. 4% on January 1, 2006
iii. 2% on January 1, 2007
3. The salary ranges for the new Ambulance
Communications Officer series will be established using the June 7, 2004 salary grid for MOHLTC employees in the Communications Operator 2 and 3 classes. These salary grids will be increased as follows:
i. 2% on January 1, 2005
ii. 2% on January 1, 2006
iii. 1% on January 1, 2007
The air ambulance dispatch positions in the Paramedic 1, Air class and in the OAG11 class shall, effective January 1, 2005, be covered by the new Ambulance Communications Officer class standards.
4. The salary rates for all steps in the Forester and
Biologist class series will be increased as follows:
i. 2% on January 1, 2005
ii. 2% on January 1, 2006
5. The salary rates for all steps in the Social Worker
1, Social Worker 2, Social Work Supervisor 1, Social Work Supervisor 2 and Social Work Assistant classes will be increased as follows:
i. 2% on January 1, 2005
ii. 1% on January 1, 2006
The Parties agree to the following amendments to the renewal collective agreement:
1. Delete Appendix UN4 – Schedule 5 employees
2. Appendix UN7
The Parties agree to place point #1 and OCWA table in General notes and allowance and delete the remainder of the Appendix once the employer confirms their compliance with the undertakings in this appendix.
APPENDIX UN 3
REVISED – May 2, 2005
TRAINING AND DEVELOPMENT
Letter of Agreement
Regarding
Training and Development
The parties agree that training and development are important to ensure a sustainable public service; and
Bargaining unit employees, in concert with their manager, are responsible for developing individual learning plans, as part of the annual performance planning process.
The parties agree that a joint subcommittee of the CERC will be established to examine issues related to Training and Development as they apply to the Unified Bargaining Unit.
The mandate of the subcommittee will include:
- reviewing the
structure or development of internal training programs and special project training assignments;
- investigating
professional developmental opportunities.
The subcommittee shall be comprised of equal numbers of Union and Employer representatives and shall be activated within ninety (90) days of the signing of this Agreement. Four (4) union representatives will be from the unified Bargaining Unit.
It is understood that time off, and compensation for subcommittee members will be dealt with in accordance with the usual practice adopted by CERC for such matters.
Signed this _______ day of May, 2005, in Toronto, Ontario.
ARTICLE UN11
Add the following sentence to Article 11.5:
“The Employer shall continue its practice of taking into account employee preferences in determining which employees are required to be on-call, and when.”
.gif){kind=small}
