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A bulletin for members in
the Ontario Public Service

December 21, 2006

Grievance backlog still not dealt with

OPSEU members in the OPS who are waiting for a resolution to their classification grievance won’t get it before the New Year.

The collective agreement signed in 2005 gave the Joint System Subcommittee the job of clearing up a backlog of over 6,000 OPSEU classification grievances in the OPS. Appendix 34 of the contract appointed a mediator “to assist in expediting consideration of the outstanding disputes and in resolving them.”

The committee’s work was supposed to take 12 months from the time of its first meeting in November 2005.

OPSEU members Moira Cowan and Lynda Ferguson have been working on the backlog, assisted by OPSEU Job Security Officer Marg Simmons.

“We are disappointed that the process is not yet complete,” said Ferguson. “OPSEU members have been waiting for years, and they deserve to know where their grievances stand.

“In the last year, we have examined all the evidence submitted by grievors and presented the case for every grievance. By now we hoped we would be notifying grievors of outcomes, but unfortunately the process has not gone as smoothly as we hoped.”

“We would love to be able to tell OPSEU members what is happening, but we don’t want to jeopardize the progress we have made,” said Cowan. “We’re committed to doing everything we can to bring this project to a conclusion. It has been very frustrating. Hopefully, we will be able to communicate soon with members about their grievances, the way this process unfolded, and what we need to do next.”

Life insurance protected past age 65

OPSEU members in the OPS who work past age 65 will keep their life insurance coverage under a new agreement between the union and the Ontario government on Dec. 11.

The agreement modifies four articles in the OPSEU collective agreement. It became necessary after the McGuinty government passed legislation ending mandatory retirement for Ontario workers who reach the age of 65.

Supplementary health and dental benefits will also continue past the age of 65, but the collective agreement did not have to be changed to make this happen. The collective agreement says that plan coverage ends on the date of termination of employment, not at age 65.

The employer has refused to provide continued coverage for Long Term Income Protection or Workers Safety and Insurance Board benefits.

The employer’s rationale is that sick or injured workers past the age of 65 are eligible for pension income and do not need LTIP or WSIB benefits to live.

“The employer’s argument is begging for a legal challenge,” says Terry Baxter, OPSEU’s outgoing Supervisor for the OPS. “There is a strong argument to be made that this is a violation of the Ontario Human Rights Code.”

The employer’s policy will have to be challenged on the facts of individual cases, Baxter said.
It won’t be challenged by him, however. Thirty-six years after taking his first OPS job as a dairy products inspector with the Ontario Ministry of Agriculture and Food, Brother Baxter is retiring, effective Dec. 22.

All of OPSEU thanks Terry for his years of service and wishes him all the best in his future endeavours.

Original authorized for distribution by Leah Casselman, president.
 

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