OPS
BARGAINING
QUESTIONS
AND
ANSWERS
November
28,
2012
Q.
What
has
the
government
proposed
for
the
next
collective
agreement?
The
government’s
opening
proposal
is
filled
with
takeaways,
including:
• No
wage
increase
for
two
years,
no
progression
on
the
wage
grid
for
two
years,
new
hires
to
get
a
lower
starting
wage.
• No
accrual
of
termination
pay
beyond
Dec. 31,
2012, no
termination
pay for
surplussed
employees
who
accept a
position
outside
the OPS
under
reasonable
efforts,
and no
termination
pay for
new
hires.
• Sick
pay cut
from 75
per cent
to 66
2/3 per
cent,
maximum
of sick
pay you
can top
up to is
cut from
100 per
cent to
75 per
cent,
you can
only use
vacation
credits
to top
up
(currently
you can
use any
credits,
including
overtime
and lieu
time).
• After
the
first 6
days of
absence
in a
calendar
year,
the next
2 days
of
absence
are
without
pay. For
any
subsequent
absence,
the
first 2
days are
without
pay.
• The
annual
maximum
of
$1,200
for the
services
of a
chiropractor,
osteopath,
naturopath,
podiatrist,
physiotherapist
and
massage
therapist
– gone.
$25 per
visit
with an
annual
maximum
of
$1,400
for a
speechtherapist
– gone.
Annual
maximum
of
$1,400
for a
psychologist
– gone.
All
these
services
grouped
togetherwith
an
annual
maximum
of $500,
a 95 per
cent cut
to
benefits.
• No
Surplus
Factor
80.
• Time
it will
take for
fixed-term
employees
to
convert
to
full-time
positions
lengthened
from 18
to 24
months(reversal
of a win
from the
2002
strike).
• The
length
of time
the
employer
can hide
temporary
assignments
before
it has
to post
them
extended
from6 to
12
months.
This
means
these
assignments
will not
be
available
to
surplussed
employees
looking
fortemporary
assignments
in their
six-month
notice
period.
• The
amount
of
notice
the
employer
has to
give you
when it
changes
your
shift
schedule
slashed
from
120hours
to 24
hours.
(Unified
and
Corrections)
• Lower
thresholds
for
attendance
and
bonuses
capped
at $500
under
the
Attendance
Support
andManagement
Policy
for
Correctional
Officers
and
Youth
Service
Officers.
(Corrections)
• The
number
of
Probation
Officer
compensating
days cut
from 7
to 5.
(Corrections)
•
Weekend
Shift
Premium
eliminated.
(Corrections)
Q.
What has
the
union
tabled
for its
opening
proposals?
We have
a real,
credible
and
supportable
position
for the
next
contract.
The
Central/Unified
bargaining
teamhas
tabled
contract
language
so that
any plan
to
privatize
a
service
(e.g.
ServiceOntario)
is first
subjected
toan
independent
review
to
ensure
there is
demonstrable
evidence
that it
will
lead to
improved
services
and
costsavings.
The
Central/Unified
team has
also
tabled
improved
job
security
provisions,
improvements
to
Fixed-Term,Seasonal
and
Student
language,
health
and
safety,
posting
and
filling
of
vacancies,
improved
vacation
languageand
improved
benefit
language.
The
Corrections
bargaining
team has
tabled
proposals
to deal
with
increasedlevels
of
violence
in the
workplace,
use of
force/discipline
and
investigations/indemnification
rights,
issues
ofworkload
(in the
community
as well
as in
the
institutions),
staffing
and
overcrowding.
OPS
BARGAINING
QUESTIONS
AND
ANSWERS
November
28, 2012
Q.
How long
are the
two
sides
scheduled
to
bargain?
Both
sides
have
agreed
to
bargain
issues
until at
least
Dec. 14
before a
decision
is made
to
either
continue
tobargain
or
suspend
bargaining
and
begin
negotiating
Essential
and
Emergency
Services
Agreements
(EESAs).Since
bargaining
is a
very
fluid
process,
no dates
are set
in
stone.It
is
interesting
to note
that the
government
has said
it wants
the two
sides to
have a
negotiated
tentativesettlement
by Dec.
14. We
don’t
see how
a
tentative
deal is
possible
by that
date
with the
proposals
thegovernment
has
tabled.
The
bargaining
teams
intend
to
continue
bargaining
issues
as long
as
progress
is
beingmade
at the
table.
Q.
When is
the
earliest
we could
go on
strike?
There is
no set
date for
a strike
to
happen.
A number
of steps
have to
take
place
before a
strike
or
lockout
couldoccur.First,
your
bargaining
teams
will
have had
to try
their
hardest
to
negotiate
a
settlement.
The
teams
will
stay at
thetable
for as
long as
there is
any
reasonable
chance
of being
able to
do this.
If the
government
refuses
to
removeits
harmful
proposals
off the
table
and
negotiate
a fair
contract,
there
are two
possible
next
steps.Under
labour
law, the
government
could
table a
final
offer
and
members
will be
required
to vote
on
whether
theyaccept
or
reject
it (the
law
gives
employers
one
chance
to take
their
offer
directly
to the
members).
Alternatively,the
union
could
ask the
government
for a
final
offer,
and ask
the
members
to
reject
that.
Either
rejection
gives
thebargaining
teams a
strike
vote to
help
convince
the
government
to
remove
its
takeaways
and get
down to
realbargaining.If
the
government’s
offer is
rejected
under
either
of these
two
scenarios,
the
union
would
insist
that
bargainingon
the
issues
resume.
If the
government
refuses,
we would
go
straight
into
negotiating
EESAs
for the
worksiteswhere
essential
and
emergency
services
apply.
There is
no set
time
frame to
bargain
EESAs.
They
haven’t
beenbargained
since
2005.
The
employer
can’t
legally
lock us
out and
we can’t
legally
go on
strike
without
EESAsbeing
in
place.
Q.
What
should I
be doing
to
prepare?
The best
advice
is
always
to hope
for the
best,
but
prepare
for the
worst.
If you
haven’t
already,
you
should
startsaving
a little
money
each pay
period.
Also,
have a
preliminary
discussion
with
your
bank
about
the
possibilityof
postponing
the
payment
of your
mortgage
for a
month or
two.
When
members
are
prepared,
it
lessens
thepressure
the
employer
can put
on the
bargaining
teams.
Q.
What can
I do
help my
bargaining
teams?
Keep
informed!
Go to
website
at
www.choosepublic.org,
our
Facebook
page at
facebook.com/OPSBargaining
andour
Twitter
feed at
@OPSCentralTeam
to get
the
latest
news and
updates
Send an
e-mail
to your
MPP by
going on
line at
www.choosepublic.org.
Ask your
MPP to
get
behind
our
veryreasonable
position
that no
public
service
should
be
privatized
without
a full
and open
independent
reviewproviding
evidence
that a
sell-off
or
contracting
out of a
public
service
will
improve
services
and
benefitOntarians,
and that
our
members
deserve
safe and
secure
workplaces.
facebook.com/OPSBargaining
@OPSCentralTeam
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