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 Lock Talk:  A Publication of the OPSEU Corrections Campaign

September 29, 2006

Transition deal reached at CNCC

 

Members at the Central North Correctional Centre were breathing a little easier on Sept. 26 and 27 when they learned the details of the deal that will bring them into the OPS.

The Transition Team of the Corrections MERC were at the facility last Tuesday and Wednesday, accompanied by government human resources representatives, to meet with the staff personally and give them the good news.

The agreement was reached on Sept. 18, concluding negotiations that began with the government last July.

Dave Graves, MERC Chair and a member of the Transition Team, was very pleased with the deal, calling it a “win/win/win” for the members at Central North, members in the OPS and the government.

“We are very happy with how things turned out,” Graves said. “Our first concern was the members at CNCC. We had to make sure they were protected. We also wanted to have opportunities for OPS Corrections members to get to the facility if new jobs were created.”

Members at the Penetanguishene facility are currently exchanging paperwork with the ministry so that their jobs will be in place before the OPS takes over the facility. That changeover is expected to occur Nov. 8-9.

 

Agreement protects seniority, allows for lateral transfers

 

Here are the highlights of the transition agreement:

 

Employees must express that they want to transfer to the OPS

Within five (5) days of receiving the information package from the ministry, the employee must notify the employer in writing of their interest to transfer to the OPS.

 

Job offers

It is understood that any reference to job offers means offers of employment at

CNCC once it is transferred to the OPS.
 

No probationary period

Employees hired under this agreement shall not be subject to a probationary period under the OPS collective agreement unless they did not complete their probationary period by the date of the transfer of operations. Those who have not completed their probation will serve the remainder of their probationary period as per the OPS collective agreement.

 

Pay to be at OPS rates

Employees hired under this agreement will be placed within the OPS classification and salary schedules at a salary based on service calculated in accordance with the agreement.

 

Continuous Service / Seniority recognized

OPS continuous services dates shall be limited to service with CNCC and calculated as per Article 18 or Appendix 24 of the OPS collective agreement.

Each employee will be advised of their continuous service date and will have thirty (30) days to advise the employer in writing of any dispute respecting the date.

 

Employees on leave of absence to receive job offer

Employees under this agreement who are on an approved leave of absence from active employment for twelve months or less, specifically Leave Without Pay and Maternity / Parental Leave, will be deemed eligible to receive a job offer.

 

Employees on maternity/parental leave to receive EI top up

Effective the date of transfer, any employees on approved maternity/parental leave will receive Supplementary Unemployment Benefits (SUB) from the Ministry for the remainder of their leave.

 

Shift schedules remain in place until re-negotiated

The current Compressed Work Week (CWW) agreements will continue until February 1, 2007, and adjusted to reflect the maximum hours of work requirements of the OPS collective agreement. The local parties will agree to renew or renegotiate the CWWs as well as a Resource Position Management schedule in accordance with the Transition Staffing Model.

 

RPN overage will reduce by attrition

The employer will reduce the current RPN overage via attrition. As RPNs leave, RNs will be hired to fill the number of positions outlined in the Transition Staffing Model.

 

Employees not given a job offer due to excessive discipline may be reconsidered

An employee who doesn’t get a job offer due to excessive discipline, may be reconsidered if that discipline is reduced or rescinded by an arbitrator as a result of a grievance.
 

Vacancies to be filled

Any remaining classified vacancies in OPSEU-represented positions will be filled through lateral transfers. Any remaining unclassified vacancies in OPSEU-represented positions will be first filled through unclassified contract transfers. Contract transfer requests should be submitted to Bryan Ross at fax: (416) 327-9662. Please keep a fax transmittal receipt of all submissions.

Any current OPS employees who may be eligible for a transfer must have their applications submitted to the employer before 1700 hours on October 6, 2006.  Lateral transfer requests should be submitted to Indira O’Brien at fax: (416) 327-0863 and to Sandra Harper at fax (416) 448-7462.  Please keep a fax transmittal receipt of all submissions.

If positions remain vacant after the lateral transfer list is exhausted, the employer will post the positions for competition per the OPS collective agreement within thirty (30) days.

 

Transitional ERC to be established

A transitional Local ERC will be established to discuss operational issues. CNCC will grant time off with pay for one employee to sit on this LERC. The union will choose the employee on the committee.

 

To download a copy of the original agreement, please go to:

http://www.opseu.org/ops/ministry/locktalk/cnccmoa_2006.pdf 

 

Laterals and rollovers ignored

 

Competitions “bogus” MERC Team feels

 

Although the ministry has agreed to laterals and rollovers for positions at CNCC, it would appear they are ignoring them everywhere else.

The Corrections MERC Team has met with the employer on several occasions to discuss correctional officer vacancies and suggested continuing with a combination of lateral transfers and rollovers to fill these vacancies. However, there have recently been a number of correctional officer job competitions posted within various institutions, without regard to filling these vacancies by lateral transfers and rollovers. These “bogus” competitions are patently unfair, and cause problems that are totally unnecessary, the MERC team feels.

Your MERC Team wants to ensure your rights have been respected. Therefore, they are asking all locals to review any postings and take the appropriate action.

If unclassified members qualify for conversion based on convertible hours (as per agreements signed May 19, 2005), they should file a grievance as per Article 31.15 of the OPS collective agreement.

If any members have applied for a lateral transfer, and that lateral transfer has not been considered, they may want to file a grievance as per Article 6.6.1. If you are an unclassified employee with seniority, and have applied for a contract transfer, you may want to file a grievance as per Appendix 24. Unclassified employees may also wish to file a grievance under Appendix 24 if they were unsuccessful in a job competition and feel that their seniority wasn’t considered.

Your MERC Team feels this may be the only way enforce your entitlements under the collective agreement. Please contact us if you have any questions.

 

For more information, call Don Ford (ext. 7442) at 1-800-268-7376 or (416) 443-8888.

 

e-mail: dford@opseu.org

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