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Mar 14, 2000

Grievance beats the worst of "scheduling principles"

The next step is up to OPSEU locals

Your union has beaten back the worst parts of the Corrections Division’s new “scheduling principles.”

OPSEU Grievance Officers Jim Paul and Scott Andrews, together with Barry Scanlon, OPSEU chair of the Corrections Ministry Employee Relations Committee, made real progress in discussions Feb. 29 and March 7. The employer’s response, received March 9, removed a number of clear violations of the collective agreement from the principles. Here’s what the union team achieved:

  • The employer has removed its demand that all overtime be paid out; they have confirmed that, where there is mutual agreement, members can take Compensating Time Owing for overtime.

  • Rest and meal periods will not be changed. They will continue as per past practice.

  • Flexibility has been given to individual institutions in the way they schedule 12-hour lock-ups.

  • No change in year 2000 vacation scheduling practices. Current vacation schedules and built-in relief shall continue as in past practice.

  • Exemption of negotiations re: Compressed Work Week from their scheduling principles in two facilities where closures are imminent (notwithstanding the fact that many facilities are slated to close).

“The fact that members are supporting the union through stepping down from acting positions and other activities really helped us in these talks,” said MERC Chair Scanlon.

Remaining issues related to the new scheduling principles will now proceed to the Grievance Settlement Board.

“We offered the employer an opportunity to set aside the whole scheduling principles initiative, including the timelines, but they said NO,” said Grievance Officer Jim Paul. “We’ve got the employer to back off from clear hard-core violations. We’ll take these other matters to the next step.”

Local negotiations an option

Local negotiations on schedules are now an option for OPSEU locals who need to protect or improve their existing Compressed Work Week schedules.

Do not be intimidated by employer threats of eight-hour shifts, Jim Paul advises.

“The employer came in with these ideas about how they were going to encourage you to go with these principles under the gun of these eight-hour shifts,” said Paul. “That’s their bargaining strategy. But they also know what eight-hours shifts would be less efficient and a lot more costly than the current system. They wouldn’t have negotiated 12-hour shifts in the first place if it hadn’t been to their advantage.

“It’s your choice as to whether or not you accept what they propose,” he said. “If you don’t accept it, let them go to the eight-hour shifts.”

The employer has a certain bargaining agenda on scheduling and “we’re not endorsing their bargaining agenda,” Paul said.

When bargaining Compressed Work Weeks:

  • Go in with a clear mandate. Locals should represent their members’ interests like in any round of bargaining.

  • Don’t let management put anything on the table locally that they’ve already withdrawn in central discussions (see above). If they do, fax documentation c/o Barry Scanlon at (519) 837-9187.

  • Don’t accept changes to past practice on vacation scheduling.

  • Don’t accept staffing levels below redline;

  • Make the employer toe the line on the escort order;

  • Don’t let them incorporate multiple fixed shifts into a schedule. Fixed shifts should only be done on an individual basis, outside of schedule negotiations, to accomodate people because of illness or compassionate reasons.

  • Don’t agree to "stat on stat" language.

  • If the employer wants to go to four consecutive 12-hour shifts, they can’t impose that – they’ve got to negotiate it.

  • Think about the impact on Full-Time positions before you agree to any more use of Regular Part-Timers. Remember: the employer’s goal is to reduce the number of full-time classified staff. The union continues to battle for conversions as set out in the collective agreement. Don’t help the employer reduce classified positions.

Demand full disclosure

“All locals should be demanding full disclosure from the employer with regard to use of unclassified staff, authorized leave hours for full-time employees, and authorized use of overtime on a weekly, monthly, and yearly basis for 1999 and 1998,” said MERC Chair Scanlon.

“The employer needs to define very clearly what their redlines are and what their normal staffing levels would be at all times, preferably broken down into two-hour segments,” he said. “They should also provide a schedule of activities (recreation programs, parole boards, schools, etc.) and how those activities affect scheduling.”

“Negotiate the way you always would,” said Jim Paul. “Forget about the threat of the eight-hour shifts. Don’t let them put you off your game.”

Negotiating a Compressed Work Week shouldn’t take long, said Paul. “The model is there in the collective agreement.”

All CWW agreements must be vetted by the union centrally, Paul said, and no local agreements that violate the collective agreement will be endorsed by the union.

“The union will continue to regulate CWW agreements and protect the contract,” said Paul. “Whether head office does it, or individual members do it through the grievance procedure, the important thing is that we get schedules that members can work with without undue disruption of their personal lives.”

For campaign information, contact Don Ford (ext. 716) or Carol Whitehead at 1-800-268-7376 ext. 356 or (416) 443-8888.  e-mail: dford@opseu.org or cwhitehead@opseu.org

Ontario Public Service Employees Union
100 Lesmill Road, Toronto, Ontario M3B 3P8
opseu@opseu.org www.opseu.org

Original authorized for distribution by Leah Casselman, President.

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