An open letter from the MCSCS MERC Chair
Greetings everyone,
On April 15, the MCSCS and MCYS MERCS met
with the employer to discuss the CTO issue.
Management arrived shortly after 10 a.m. at
OPSEU Head Office and it was quite noticeable that their side consisted
mostly of the same managers who were at the bargaining table, David Logan
(MGS), Mark Dittenhoffer, Barry Thomas, Rose Buhaghiar, Lisa Nowak (MCYS),
JoAnne Miller Reid (MCYS) and Steve Small. David Logan was involved with
bargaining in his capacity as ADM of Management Government Services (MGS).
David Logan was clearly the lead and he
started by reiterating management’s position that the union was given notice
of withdrawal of all CTO agreements during bargaining, and that it was
within their right to give notice during bargaining. That said, management
stated that they hoped we could move forward on this issue.
We countered that we were not conceding that
notice was properly given and in fact that it was not within any proper time
limits. We indicated that we also wanted to move forward and we tabled our
initial proposal in the spirit of negotiating a resolution to the issue.
We offered the employer time to caucus and
they borrowed one of our computers to work on a response to our proposal.
After an hour they called us, informing us that they were now ready to
reconvene.
David Logan reported that they could not
present a counter-proposal because they could not reach Ron McKerlie or Jay
Hope, the Deputy Ministers for MGS and MCSCS. When we pressed Mr. Logan
about the general thoughts on the proposal, he stated that they actually had
“no appetite” to deal with any CTO accumulation and that they were not going
to counter-offer at this time.
David Logan stated that he would try and
speak to their “principals” and would get back to us by that night. The door
was not closed on negotiating this issue further although it appears that
the sticking issue will be the banking of CTO time as it exists. Mr. Logan
did make the comment that “there were other ways to slice the pie,”
seemingly suggesting that there may be some other compromise available.
David Logan did call back later and claims
that he has not been able to reach the deputies for further comment and that
he would call back tomorrow.
Today, I received word from Logan that he
did speak to the Deputy Ministers, and has now said, and I quote, “I will
not be able to provide a proposal that would meet your objective.”
Where do we go from here?
The CTO agreement withdrawal is really just
an extension of the sick time issue from bargaining. The employer blames
sick time for creating overtime cost expenditures. They then blame the
banking and use of CTO for creating further OT accumulation and staffing
shortages. They also insist that the increased availability of OT is an
incentive to use sick time illegitimately.
One of the employer’s initial opening
remarks was that the “noise in the system” had brought them to the table
that day. That means that the pressure we have been applying has provided an
impetus for the employer to meet with us. However, they are making it clear
that they will not back down from this issue, unless we can convince them
to.
Our response to the issue and the actions we
take in our local worksites is the leverage we need to save this benefit and
any others that may soon be on the chopping block. As always, our strength
is in the solidarity and sacrifices we take together to protect our
collective agreement.
For locals who have still not served notice
on their CWWA, I encourage you to do so ASAP. For the many locals who have
given notice on the CWWA, I encourage you to stay strong and hold the line.
It is our strongest bargaining chip and it will cause the deepest pain for
the Ministry, which is primarily why they came to the table. For those
locals who are going to employ other methods of pressure we need a concerted
effort to push the employer on as many fronts as you can muster.
There are movements afoot within the
Division to encourage locals to withdraw their notice and back down. This
only damages our ability to negotiate. The employer clearly has their
sources (just as we do) and they are aware of the strains that this issue
has placed on the Division. The employer is watching and waiting for
Corrections to break. In my opinion, that is the reason for their decision
not to negotiate with us on the CTO issue. It has been suggested that the
employer is waiting for our caucus at convention, which they believe will
demonstrate our strength or weakness as a Division.
As leaders and elected representatives, we
have taken a strong stand with the employer on a serious issue, a stand that
was agreed to by all who were on the conference call. We all need to
understand that this is the ultimate test of the Division and, for the most
part, I believe that the local leaders understand this. If we back down, or
demonstrate that we are vulnerable by withdrawing, we will have shown the
employer that the Division is no longer able to protect its interests.
If that break is evident, the employer will
force its will on each and every local. There will be little sense in
sitting with the employer at any table; we will have no leverage. Your
bargaining team can tell you how difficult this round of bargaining was and
you can draw your own conclusions as to what the future will hold if we do
not hold together now.
The employer has admitted that they came to
the table in response to the “noise” in the system. It is time to crank up
the volume and get them back to the table to start resolving this problem as
well as others.
In Solidarity,
Eddy
Ontario Public Service Employees Union, 100 Lesmill Road,
Toronto, Ontario M3B 3P8
www.opseu.org
Original authorized for distribution by Warren (Smokey)
Thomas, president and Eduardo (Eddy) Almeida, MCSCS MERC Chair.
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