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Report of the Central Employee/Employer Relations Committee (CERC) Oct. 28 2000

1. What do the Tories have in store for the OPS?

  1. Combine and merge government functions

Management Board Secretariat (MBS) has an OPS Restructuring Secretariat that is working to merge or "cluster" more ministries.They are creating 7 clusters, with co-ordinated planning starting 2001/2002. "Super Ministries" are the flavour of the day.

Examples of clustering:

  • Inspections, Investigation and Enforcement Secretariat

  • Integrated Justice

They are also stripping all support functions from ministries and putting them into a centralized MBS-run government-wide business Support Services such as:

  • Shared Services Bureau (SSB)

  • Workplace Information Network (WIN)

  • Information & Information Technology Clusters (also used to control e-mail use)

  1. Manage the workforce more aggressively

They are centralizing more and more control in MBS.

MBS has three main templates to accomplish this:

  1. New Human Resources Strategy, which includes:

  • Attendance monitoring;

  • Renewed commitment to Performance Management with Competencies and performance appraisals and discretionary merit increases

  • Training/learning and Development plans

  • Common "Quality" Service Standards

  • Blurring classifications with common job descriptions.

OPSEU response:  We need to continue pushing for fair treatment and for people to be paid what they deserve.

    1. Erosion of Bargaining Unit:

MBS continues to allow wide spread use of:

  • Temporary agencies

  • Fee for service

  • Increased use of unclassified

  • Ontario Works

OPSEU Response: We need to ensure that the number of permanent jobs is maximized and sign non-members to union cards.

    1. The government plans to amend the Public Service Act:

  • See summary of pending labour law changes below

  1. Get out of operations and focus on policy, regulation & enforcement:

The government aims to minimize operational services. If any are to be done, they will be delivered through:

  • Private sector

  • Agencies like OPAC, ORC, AGGO

  • Partnerships: GICs (Common Counters)

  • "e-government" (Internet-based services)

They plan to have no front line workers. To get there, they plan continued divestments and we need to push job security issues.

OPSEU's Response: OPSEU's response is being delivered by our members, through Local ERCs, Ministry ERCs and Central ERC and collecive bargaining: OPSEU's response is being delivered by our members, through Local ERCs, Ministry ERCs and Central ERC and collecive bargaining:

  1. Central ERC

We have been at the table with the employer concerning mergers/divestments, pointing out:

  • Lack of information and consultation

  • Lack of fair human resources and staffing policies (Thanks to the locals for their info on bargaining unit erosion)

  • Loss of skill and expertise

We have grieved:

  • Human resources strategy, particularly using Competencies to undercut classifications

  • Erosion of bargaining unit

  • Arbitrariness of Common Service Standards

  • Common Counters.

  1. Ministry ERCs

MERCs need to be keeping lines of communication open with:

  • Employer

  • Other MERCs, CERC > Network for Better Contracts

MERCs need to be pointing out:

  • Costs of privatization

  • Limitations of current job security provisions: they don't do enough to protect our members.

  • Loss of expertise and accountability caused by clusters

  • Unfair implementation of human resources strategy; we should insist on fair treatment of staff with seniority and resist when the employer is leapfrogging pets

  • The benefits of more permanent jobs

  1. BARGAINING:

Our OPS contract expires in 2001. Demand setting will begin early next year.
Our teams need to look at issues like:

  • Improved job security language

  • Improved internal redeployment protection including classification issues

  • Controlling the growth of non bargaining unit jobs

These are common issues that cut across bargaining units.

2. CORPORATE PROJECTS UPDATE  SEPT. 20, 2000

BARGAINING UNIT INTEGRITY

There was a sub-committee of the CERC created to review a number of Bargaining Unit Integrity issues. This Joint Committee has now finalized a submission tabled at the October 4, 2000 CERC meeting. Bargaining Unit Integrity grievances previously held in abeyance could be scheduled commencing at the October GSB Scheduling Meeting.

The Workplace Survey attached to the Memorandum was originally distributed to OPS locals in August 1999. The Memorandum and the Survey were also distributed at the Spring 2000 OPS Divisionals. We have had OPS Locals provide to us information which will be very helpful in pursuing this matter.

SERVICE ONTARIO PROJECT

What is Service Ontario according to the Employer?
"To improve customer service by integrating the delivery of routine government service and information to individuals". To integrate routine products such as licenses and health cards change address, pay fines by using five "Service Channels", Kiosks, telephone, Internet, mail and over the counter.

This has been a standing issue on the CERC agenda and while we seek monthly updates, little was heard on this issue. They continue at the 2000 meetings to say "nothing happening at the moment".

Notwithstanding their assertion that nothing is happening the Union was informed September 18 that an R.F.P. is now being released for Service Ontario.

WORKFORCE INFORMATION NETWORK (WIN)

The Employer introduced the WIN project to CERC back in November of last year. At that time we asked 34 questions relating to the project. On Dec. 2 some answers were provided, which prompted a further 17 detailed questions to be asked as well as a request for the completed copies of the project appendices as our copies were in draft format.

Since our April meeting we have been waiting for these appendices as well as lists of all fields contained in an employees WIN e-file and also in each of the 59 reports that the system can generate for HR, SSB and Management. Presently WIN has been rolled out in several ministries and members are using the technology to check and update their emergency contacts etc.. The Employer has suggested that this may be expanding to allow employees to input requests for leave, training, benefit changes, and apply for competitions etc.

This technology now allows Management, SSB, HR staff and any other entity our Employer grants access to, to view all your information contained in your e-file without leaving their desks or from other locations at anytime without your knowledge. Previous to this, requests had to be made to your local worksite for this information which is contained in your employee personal file, not anymore; "beware!"

Public Service Act amendments

On April 10, 2000 the Employer provide a draft "discussion paper" to OPSEU in regards to changing the Public Services Act (PSA) as a result of concerns raised by senior management. OPSEU responded on April 13th with the following comments:

Consultation Process

We believe that meaningful discussion will not likely occur given that we were requested to provide feedback comments within five days based on a very vague discussion paper. This is not a reasonable amount of time to digest this type of paper and evaluate its impact on the bargaining units given its lack of detail.

Core Principles

OPSEU believes that the Public Service ought to remain independent, impartial and apolitical. But the principles of so-called flexibility put forth in the government position paper run diametrically opposed to those of any trade union and the interests of the Ontario public.

Directives Vs Regulations

OPSEU is opposed to allowing the Employer use of directives rather than regulations to set out some of our terms and conditions of employment. Our members need the comfort that regulations provide, without the fear of knowing that the Employer could change our terms and conditions of employment at anytime, thus undercutting the collective bargaining process whenever they don’t like what was bargained.

Flexibility

The Employer is hinting at greater flexibility in the area of unclassified staff. OPSEU believes that presently the Employer has a lot of flexibility in the use of unclassifieds. By allowing changes that would permit the Employer to utilize unclassified staff for the long term would certainly result in serious erosion of the permanent workforce even further.

Delegation of Powers

Restructuring of the OPS has caused some problems for our Employer which they are proposing to resolve by allowing the delegation of authority from a Deputy Minister to flow to Managers outside the OPS (private sector) and to staff in other ministries. Although this may solve the SSB dilemma it can also be seen as an erosion of accountability and independence of the public service. Its not difficult to see why this would be so attractive to our Employer, as they can distance themselves from the private sector employers while at the same time maintaining the authorities of the PSA over its employees.

OPP Civilian Employees

The Employer has a view of adding certain Labour Relations provisions of the Police Services Act into the Public Services Act. OPSEU sees this as an attempt by our Employer to place our civilian members in the Ontario Provincial Police Association stripping them of their trade union membership, pension rights and the right to free collective bargaining.

Whistle Blowing

The unproclaimed whistle blowers legislation of 1993 is not included in this discussion paper; However OPSEU is recommending that it be proclaimed for the obvious reasons.

Seniority

OPSEU is also suggesting that a regulation dealing with OPS seniority retention be put in place to deal with members transferring into other unionized workplaces. This should provide for the recognition of OPS seniority by both new Employers and other trade unions.

Update

MBS has been working on the legislation without any further consultation with us and still did not have it ready prior to the Legislature summer recess. As it stands today it will probably be in the house sometime during the next Legislative session.

INJURY, ILLNESS EMPLOYEE ACCOMMODATION

OPSEU received on September 15, a copy of the Managing Injury, Illness and Employment Accommodation Program, Executive Summary and the Insurance Carrier Support for Early Return-to-work and Accommodation. These reports provide further direction to the Ministries with regards to the implementation of this program. The documents are being reviewed for possible follow up at the CERC and/or the GSB.

INSPECTION/INVESTIGATION/ENFORCEMENT (IIE)

The stated purpose for this project is to co-ordinate the training and ultimately deployment of inspection, investigation and enforcement staff from across 13 ministries. The project is ongoing and is scheduled to conclude toward the end of 2001. OPSEU has met with the Director.

Questions that have been asked include the following:

Do you anticipate any job loss through I.I.E.?
Response: perhaps some as a result of tech change.

When is your next workshop and what is on the agenda?
Response: nothing scheduled yet, no agenda as yet.

When do you anticipate the project will be concluded?
Response: 12 to 18 months to the end of 2001.

Has a governance model been selected?
Response: May be different for different pieces, no horizontal governance.

How do you intend to accomplish the training?
Response: It will be linked to the OPS Learning Plan.

Are there any classification changes contemplated? If so, how will they be negotiated?
Reponse: No changes contemplated.

Have there been any decisions made regarding amalgamation of ministries or cross ministry migration?
Response: No.

Are changes to current legislation or regulations required to enable any functions of I.I.E.?
Response: Probably to F.I.P.P.A., nothing in PSA.

COMMON COUNTERS

A disclosure to all Bargaining Agents was held March 24, 2000 outlining that Common Counters (Government Information Centres) were being transferred to MCCR.

The Ministries were notified on March 27 and on April 3, 2000 that overall responsibility for Common Counters Transfers to MCCR. Subsequently we learned that responsibility for the Northern part of the Province has been assigned to Northern Development and Mines (MNDM) and that the affected employees will be transferred to one of these two ministries.

We have had one day of hearing at the GSB dealing with the multitude of issues that flow from this exercise. These issues include the employers means of assignment i.e. lack of job postings and the fact that a common job spec is being developed for incumbents that have different classifications. OPSEU will be contacting members at a number of the affected workplaces in its efforts to resolve this policy grievance.

ONTARIO WORKS (WORKFARE)

The employer continues to come up with workfare assignments within the Public Service. The CERC Team has obtained a commitment from MBS to provide us with copies of the approved proposals for placements.

OPSEU's Job Security Unit will be copying the Ministry specific proposals and provide them to the MERC Teams. While the number of proposals is increasing, we have little feedback as to how many individuals have actually been placed as a result of the program. The program is being co-ordinated by a branch of the Ministry of Community and Social Services and a copy of the recently produced (relaxed) guidelines have been requested.

INTEGRATED JUSTICE PROJECT (IJP), MAG

The schedule for the roll out of this project is still unclear and the employer has had to set back its target schedule a number of times. The employer corporately informed us that the project has still not progressed to a point where meetings involving representations from the three affected Ministries would be prepared (MAG, SolGen, MCS).

HR STRATEGY

The employer has three initiatives proceeding under this broad heading to the Grievance Settlement Board (GSB).

INTERNSHIP PROGRAM

Currently there are 100 internships funded through this program. The employer's assertion is that these inclusive positions are either AMAPCEO or excluded. The issue as to whether or not these positions include bargaining unit positions is being pursued at the GSB.

TRAINING AND DEVELOPMENT

This initiative will be addressed by meetings of the Training and Development Committee, which is scheduled to commence its meetings on September 27.

HUMAN RESOURCES COMPETENCIES

The employer has introduced a set of technical and behavioural competencies that it has begun to utilize in recruitment and in formulating training and development criteria.

INFORMATION & INFORMATION TECHNOLOGY STRATEGIES (I&IT)

A three year implementation plan was approved by cabinet in February 1998. In October 1999, it was announced that services would be clustered under the seven occupational groups:

 

 

Information Technology. Cluster Ministries in Cluster
Community Services: Education
Municipal Affairs and Housing
Citizenship Culture & Recreation
Economic / Business:  Economic Development and Trade
Consumer and Commercial relations
Labour
Training Colleges and Universities
Energy Science & Technology
Finance:  Finance
Human Services: Health
Community and Social Services
Justice:  Solicitor-General
Attorney General
Land and Resources: Natural Resources
Agriculture and Food
Northern Development and Mines
Environment
Transportation:  Transportation
Corporate:  Management Board

Nine "Information and Information Technology Infrastructure Projects" have been identified. They are:

Integrated Network (INP)
Common Help Desk
Standardized Desktops
Enterprise I&IT Architecture
End to End Security
Application Environment
Directories & Messaging
Client Access
Integrated Information

The government released the Request for Proposals (RFP) on July 21st and intends to have an agreement with the successful proponent complete by Dec. 1, 2000. A total of 64 classified employees are affected from the following ministries MOE (1), MOF (4), MOH (6), MBS (45), MCSS (5), MNDM (1), MNR (1), MTO (1). A policy grievance was filed and resolved in July 2000 ensuring that the job offers made to the 8 members who elected to remain attached to the RFP were made directly by the successful proponent (Integrator) as opposed to "ensuring" / "securing" them through a sub-contractor (Vendor). In early September, five companies were deemed to have qualified at Stage 1 of the RFP and are now proceeding to Stage 2. The OPSEU staff contact is Sandra Harper at OPSEU Head Office.

During an employee briefing session with I&IT employees, it was stated that a proposal to outsource the Common Help Desk would be presented to Cabinet later this year.

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