October 17 - 18

OPSEU Reigon 2 Educational

A two day event where you can learn the basics or improve your skills.Plan to attend both days.

Courses offered:

• Stewardship A
• Stewardship B
• Organize! The nitty gritty of an organizing campaign
• Advanced grievance handling
• WSIB 2
• Duty to Accommodate

The union pays for your accommodation, meals and travel. If you have kids, they also have childcare but you need to register in advance.

The hotel rooms are based on shared accommodation, but our local 245 will pick up the other 1/2 of the room so you can have a single accommodation, or bring somebody if you like.

What you need to do:

1. Complete the necessary forms and return to the Owen Sound Regional Office:
   Before: FRIDAY SEPTEMBER 11, 2009
   Fax: 519-371-4967
   Mail: 1717 2nd Ave East, Suite 100
   Owen Sound, Ontario N4K 6V4
   Email: wwilliams@opseu.org
2. Call/fax the hotel and book your room before September 11, 2009!!

Meadowvale Delta
South Studio 2
6750 MISSISSAUGA ROAD
MISSISSAUGA
Canada
L5N 2L3

Click here for a Google Map of the location.

Need a ride? Ask a steward. You can find contact information on the OPSEU245 Stewardspage.

Frederick Oliver, V P Communications Local 245

Once again, it is time for the annual

Labour Day Parade/Family Picnic

OPSEU members and guests will be lining up starting at 9:30 am  between Ray and Queen St. on York Blvd. in Hamilton. The parade is to start at 10:30. Picnic to follow at Dundurn Park.

Free barbecue, t-shirts (first come basis), prizes for kids and adults, and fun, fun, fun for everyone!

Don’t miss out on the musical performances and special guest speakers!!

Click here for a Google Map of the location.

Need a ride? Ask a steward. You can find contact information on the OPSEU245 Stewards page.

Frederick Oliver, V P Communications Local 245

Hi,

In the interest of promoting discussion and informing you the members, I am going to post the contents of two letters that are circulating. These letters express the personal opinions of individual members and are not to be considered the voice of Local 245. Read, consider and form your own opinion.

You can download a copy of the Memorandum of Settlement here.

Frederick Oliver, V P Communications Local 245

I refuse to call these new positions, “Initiatives / Opportunities” positions.  Management’s use of these loaded words should be enough to make you squirm.  Call these mutant jobs, “I/O Positions”, or better yet, what they really are:  “In/Out Positions”.  They are also called “just-in-time”, “flexible”, “term-certain”, “temporary”, “contract” or “Mc” jobs.  They will eventually replace all good support staff jobs at our colleges, like they have in many other industries.  In/Out jobs are the equivalent of “contracting out” on a micro-scale: one job at a time. 

Under the proposed language, the legal definition of an In/Out job will be left completely up to management.  There is no definition of “initiative” or “opportunity”.  The new language only requires management to meet one condition:  in order to declare work “temporary”, they must know the end date of the job.  That will be easy because management has the legal right to set the end date of any job (Article 3.1).  So how can the Union ever prove that a position is NOT ending on a date (i.e. not temporary), if the boss says the work is ending on that date?   

Feeble Protection

The new language sounds like it will protect jobs.  There is a promise that these new In/Out jobs will not replace “existing full-time…positions”.  Don’t be fooled by slick but empty words.  This language is so weak, it is practically useless.  Currently, under articles 1.1 and 1.6, existing bargaining unit WORK cannot be assigned to temporary, full-time workers.  That is much stronger language.  Changing this protection from “work” to “positions” gives management absolute power to declare any work temporary, as long as it isn’t being done by anyone, right now.  Legally, a “position” only exists if there is an employee in it, or if management says it exists (Article 3.1).  In addition, management has the right to set a position’s duties, change those duties or even create a new position.  We can’t stop them.

If a position becomes vacant, management can post a slightly modified “In/Out” position, without violating the letter of understanding.  Management may even layoff full-time staff and replace them with a different configuration of evolving In/Out positions.  

Full time staff have been laid off and replaced by part-time staff many times.  This isn’t supposed to happen under the spirit of Article 1.2, which promises to “give preference” to full-time over part-time staffing.  Unfortunately, like this proposed In/Out language, Article 1.2 is very weak.  I know, because I have spent many days in arbitration hearings having obvious abuses explained to me from a very legal perspective.  It has been almost impossible for the union to enforce Article 1.2 through arbitration.  The length of time and legal costs of proving such a case is also prohibitive.  A new supervisor, new operational plan, new funding, “whoops, we goofed”: anything can be used, legally, by management, to justify changing the nature of positions in a department, or changing them back again.  By the time the manipulation becomes obvious, it is usually too late to grieve.

Finally, don’t read anything into management’s requirement to “notify” the Local, and to listen to any “representations” the Local might want to make for its members.  This is not the same as requiring the union’s agreement.  This is the same weak language that we have under shift changes and campus transfers.  Ask anyone who has been through a major shift change how weak that protection is.  Management notifies us (sends a memo).  They listen to our representations.  Then, they do what they wanted to do anyway.

A Little CAAT-S History

Ten years ago, many colleges had several temporary, full-time positions, because managers deliberately misused Article 1.6 (non-recurring positions).  Many new positions started out as contract positions.  Some were changed slightly after a year, so they could be called different non-recurring jobs. We found these abuses widely spread throughout IT, academic program areas, Recreation, Counselling and Executive functions like marketing and research. In addition, many jobs in programs where funding had to be renewed on an annual basis (ie. federal programs and Contract Training) were defined as “non-recurring”. That was a lot of jobs, and they were, more often than not, technologist and SSO jobs in the top pay bands. 

Many Locals argued through grievances for many years and finally shut the “contract” abuse down.  Most of the exploited, “temporary” workers were given full-time jobs, many of which still exist today.  Others lost their jobs in the fight.  Let us not forget their sacrifices.  Because of their grievances, there are now hundreds more, high paying, technical and student/client service positions in our bargaining unit, rather than outside of it.  These are jobs you can move into through competition, accommodation or bumping.  When we gave the Colleges an inch, they took a mile.  Why are we now offering them a mile?

Temporary Workers without Job Security are not Free to Enforce their Rights under the Collective Agreement.

Giving the new, In/Out workers full rights to everything in the Collective Agreement, except Article 15 (job security), is like giving a drowning man a shovel.  How many “temporary” workers will grieve an injustice or unfair wage rate when the union can’t protect them from losing their jobs in retaliation?  What benefit could possibly be worth more than job security? 

And why shouldn’t every worker be able to bump into a vacancy that they have the skills to fill?  Why shouldn’t they have the right to bump an employee with less seniority than they have?

You KNOW this will NOT Create PD Opportunities

Raise your hand if you think YOU will get one of these exciting new employment opportunities.  Posting of temporary positions is already a right and consideration of bargaining unit employees is a voluntary option for management.  Why aren’t you getting these opportunities, now?  How many managers are more likely to hire their sons, daughters, nieces, nephews, neighbours, friends, daughters of contractors, the guy who paved their driveway, etc., to quickly fill temporary vacancies?  The only difference with this language, is that traditional, nepotism hires will suddenly have the right to be considered internal candidates.

Allowing us to grieve temporary positions if they are unfairly denied is also useless.  Very few employees even grieve competitions now.  They don’t want to anger the boss and be denied future opportunities.  Furthermore, if a grievance over a temporary position has to go to arbitration, the In/Out job will be finished before the grievance can be resolved.

In fact, this new language will cut temporary positions available for “PD Opportunities” in half.  Our current language (art. 17.3.1) requires the College to also post the temporary vacancy AND the second vacancy created if a full-time employee wins the temporary assignment.  The new language requires the College to fill that secondary vacancy with an Appendix D worker from outside the bargaining unit.  That secondary opportunity is now lost to us. 

Conclusion

Why would any College train or upgrade its technologists when it will be easier to bring in some temporary, contract technologists, to implement new software or hardware?  Why send programmers to learn new platforms or languages when every new computer program required by a College is a new initiative, anyway.  Why would a College use long term staff in Contract Training, when they can replace them with temporary staff, on an annual basis, staff that can be changed at their whim, with each new “initiative” or funding “opportunity”?

Slowly, our technologists will become lab monitors and our SSO positions will be lost, as higher paid “consultants” are brought in to do our “project work”, one piece at a time.

What new initiatives or opportunities exist in your area of your College?  

There are three major threats to fairly paid, unionized jobs in our workplaces.  All of them involve the Colleges finding cheaper (not better) ways of doing our work: (1) contracting out; (2) the exploitation of part-timers; and now, if you ratify this Tentative Agreement, (3) the introduction of “In/Out” jobs or “contract” workers into our offices and labs. 

It is too late to fight contracting out.  We lost many jobs because we didn’t prepare ourselves for that future. We have taken our fight to prevent the exploitation of part-timers to the Supreme Court and United Nations.  We are so close to victory and a new law!  Why would we give the Colleges this new tool against full union membership, now, after all of that? 

Management has been asking for more “flexible employment” from support staff for as long as I can remember.   We have heard the word “flexibility” so often, and in such frightening contexts, that College union activists call it the “F-Word”.  When members of our provincial Executive and Bargaining Team met with the College Presidents, a few years back, to “mend our broken relationship”, one of the top things we told management was to stop using the F-Word.  So, now they are using “In/Out” instead.  [Insert your own punch line, here.]

Please do not let this letter into our Collective Agreement.  Vote NO on the Tentative Agreement.

Hello Brothers and Sisters:

 

Having been on several bargaining teams, I do know how difficult the process is and I have the utmost respect for our team.  I truly wish I could support the deal that they cut on our behalf.  However, I cannot.  In good conscious I cannot promote this to my members.  Nor should you.

 

The tentative settlement has some areas in it that do not sit well with me.  I am a strong unionist as you are all aware, and though  what is in this settlement certainly will not affect me personally, it may affect the membership in later years and that is what I am all about, I am not in this for my own gratification.  If you recall we received $400.00 service recognition pay in the last negotiations in addition to our increase.  This time, management is still only offering 3% and asking us to accept $425.00 without it being an increase to our base pay; it is to be provided to us in a “bonus” form, which I believe is dangerous because it could be negotiated away at a later time.  Pay increases I believe should be imbedded within one’s salary.  This way they are also pensionable.  If we had received 3.86% added to our salary base, then that would be compounded.  So doing the math (and I am not a math expert) based on a $50,000.00 per year salary, I calculate that we lose almost $1,000.00 over the three year period.

 

 But, aside from the money which is certainly not the be all and end all in bargaining, and much more importantly, the Term Certain employee structure is quite disturbing.  Firstly, I do not recall seeing “Term Certain Employees” in the June 12^th offer.  But it is there now, and the bargaining team has presented it us to promote to our members.  I will not.

 

Management has been pushing for this clause for years.  We have fought back and have made them back off… until now.  What the heck happened.   For current members who have many years left before they retire, and our future members, this will eventually erode our full time bargaining unit structure as we know it.    We will then have two levels of employees, those with job security and those without.  Inevitably those without will increase in numbers weakening the union’s presence and undermining the interests of all bargaining unit employees.  

 

As local leaders, surely we can all see clearly that, this is wrong.  I believe this is generally a regressive agreement with “Term Certain Employees” included (regardless of how it is dressed up) that will continue to erode our interests in years to come. Collective Agreements should be progressive and not regressive.   I believe that the membership in their own best interest should be encouraged to reject it and seek a new agreement more consistent with union principles.

 

You now have my input.  I would like to hear yours.

 

In Solidarity

 

Betty Cree, President OPSEU Local 351 

Here is quick point form notes on the tentative settlement between Ontario Public Service Employees Union (OPSEU)  CAAT-S representing college support staff and theCollege Compensation and Appointment Council representing the 24 colleges in Ontario,.

• Three year deal
• Wage increase of 3, 3, 3
• $425 Special Allowance introduced for anyone that has over 6 months service, paid the last cheque before December 1st this year, and then the last cheque before September 1st every year after
• Special Allowance for those over 10 years service increase to $825 per year, paid on the last cheque before Sept.1.  This year the extra $425 will be paid on the last cheque before December 1st.
• On average the introduction and the increase of the special allowance works out to a .86% increase, add that with the percentage increase and that equals an average 3.86% increase in the first year.  This increase is the highest increase that we have seen in pure wages (not using the wage grids) since 1990.
• The Wages and Benefits Comparison letter is no longer in the offer.
• The introduction of an Initiatives/Opportunities letter of Understanding, Fixed Term positions. The difference between the Fixed Term positions management wanted and what we agreed to is as follows: 
• 1.  All of these positions must be brought to the Local before introduction, the College must tell us the rationale behind why such position is needed
  2. These positions cannot extend past 24 months unless extended by the Local
  3. These positions must be posted, and consideration must be given to internal applicants first (this provides for Professional development opportunities)
  4. An appendix D employee must fill any vacancy that has been created if a full time employee is the successful candidate
  5. Internal employees that have been selected for these positions will have the right to return back to their former position, once the term is over
  6. All employees under this will receive all rights and entitlements under the Collective Agreement except for bumping rights.
• The introduction of Family Day
• Increases to shift premiums
• Increase in Dental  coverage
• Increase in Spousal and Dependent Insurance
• Increase in Vision Care
• Increase in Safety Footwear
• Renewal of the Contracting out letter
• A commitment to look at Tuition Re-imbursement policies across all Colleges
• The introduction of historical Bullying/Psychological Harassment language (the first of it’s kind in the public service in Ontario, and we believe it is the first of it’s kind in the province.)

Hi,

This week your Local 245 requested the use of college property to engage in a legitimate union activity. The request was made, as is usual, in conformance with our Collective Agreement.

After some delay Sheridan HR replied, “… the college is not prepared to allow the use of College property for this purpose.”

Jay Jackson, your OPSEU Local 245 President was quite surprised by the college’s response saying “This is the first time ever that the employer has denied OPSEU space on college property to hold union activities.”

We received no explanation and dare not speculate as to why this request was denied. I’ll leave it to you, the membership, to draw your own conclusions.

Rest assured the event will be held regardless. Stay tuned.

Frederick Oliver VP Communications OPSEU Local 245

“Let fury have the hour, anger can be power D’you know that you can use it?”

Clampdown - Joe Strummer

In it’s 2008 budget the Ontario Government announced that:

• Under the Reaching Higher Plan, the Ontario government is investing more than $6.2 billion in postsecondary education by 2009-10, improving quality, access and accountability
• Grants for university and college operating costs increased by over 40 per cent between 2003-04 and 2007-08, supporting the hiring of new faculty, increasing student-faculty interaction, and improving student services and libraries

http://ontariobudget.ca/english/bk2.html

That sounds like welcome news for college support staff workers since we are in negotiations with the colleges as I type. You’d think that with the budget announcement the colleges could step up and do right by us by offering their support staff workers a fair and just wage increase. However, as those of you who have been keeping informed will know, the colleges have offed us only 3% a year for 2 years. Fair and just? You can be sure the colleges will put forth a compelling argument drafted by lawyer types with references to other recent labour agreements, the Consumer Price Index and contradictory statements about the government’s financial situation.

I did a little research and came up with some interesting results…

Loyalist College administrators were given wage increases between two and 22 per cent last year.

http://pioneerplus.ejournalism.ca/?q=node/2568

Of 241 persons employed at Ontario colleges with salaries reported to be over $100,000, from 2005 through 2007, 212 had increases in excess of 4%.  175 had increases of more than 10%. 97 had increases of more than 15%. 58 had increases of more than 20%. 32 had increases of more than 25%. There was even 1 who had an increase of more than 50%!

Compiled from Government of Ontario PUBLIC SECTOR SALARY DISCLOSURE http://www.fin.gov.on.ca/english/publications/salarydisclosure/

You can download the list I created using data obtained from the Ontario Government’s public web site. (If you notice any math errors let me know and I will gladly correct them.)

Personally I have no issue with the college executives earning six figure salaries. They deserve a fair and just compensation for their work. However, they manage to get double digit increases and expect me to say a humble thank you for a miserable 3%! Don’t we all work for the same colleges, in the same communities, under the same constraints? The president of the college where I work earns about five times what I do and that’s OK. They earn it. However last year they received a combined increase of about 16%. Hey times are tough and we’re all hurting. But if they are hurting enough to warrant a 16% increase imagine how I feel!

So take some time… Think about it… Are you angry yet?

Turn your anger into power! Reject the offer and give your CAAT bargaining team a strong strike vote!

F. Oliver VP Communications OPSEU Local 245

Just to let you know that any information that comes out of the current bargaining session will be posted on the Mobilzation page at http://opseu245.org/opseu245_mobilization.cfm

Linda Nelson, Mobilization Team, OPSEU Local 245

Why bother… I’m not the union type… I wouldn’t know what to do… I don’t have time… They’re not doing things the way I think they should…

I’ve experienced all of the thoughts above at some time since I found myself a Local 245 member a little over seven years ago. I didn’t know I was joining a union when I accepted my job here and I didn’t think I needed one either. So why did I get involved?

I was introduced to the union because not long after starting my employment a situation developed that needed changing. Without going into the gory details it was with the help of the union and Local 245 members that the issue was resolved. Afterward I was grateful and thought it only right I give back a little support in return. It’s a nice story and likely not uncommon. But truthfully it’s not why I’m involved.

I can’t ask my boss for a raise. Or an increase in benefits. Or increased vacation. If I did I couldn’t expect to get it. Not the way I might in a non-union environment. The fact is that I have chosen to work in an environment bound by a collective agreement and employee/employer negotiation is not done on an individual basis (at least in theory, but that’s another discussion unto itself).

I have only one tool to use in my attempt to receive the value and respect I deserve so I want the strongest tool possible. Since OPSEU is that tool I want the strongest OPSEU possible. I want a strong, active union. And I want a strong active Local 245.

Despite all my objections I know that the best way for me to strengthen my union, my local and my chances of getting fair value and respect from my employer is by getting involved. I still don’t really know what to do but I’m learning. If I don’t like the way things are being done, I tell them. I only put in the time I want, when I can. I’m still not the union type… but someone has to do it.

I’m in it for me, but if we’re all in it for me then the union is in it for us.

Fred Oliver

This is my first installment on what I hope to be an informative blog as your local President.  Your Executive is enthused and ready to go also.

Part Time Campaign:   I hear the part-time college workers organizing campaign is really picking up steam, and will be moving into the next phase very soon.  Currently card signing is coming to a conclusion and efforts are being made to have the Council of Compensation and Appointments provide voluntary recognition.  Also the Union is lobbying the provincial government to bring forth amends to the College’s Collective Bargaining Act in order to right this now legally declared wrong by the Supreme Court of Canada that bars part time workers from forming a union.

Collective Bargaining:  Well, it has begun with the view to renew our current collective agreement which expires August 31st of this year.  You can read the more detailed information on this web site and also you will be seeing the local’s mobilizers on the workplace speaking to you in small groups and individually.  We have done this before and it has proven to be very successful in assisting with the bargaining goals the membership has mandated our bargaining team to achieve.

Knowing your Contract:   I know probably most of you do not carry around your collective agreement all the times, checking and/or confirming if the employer is managing within the rules they have agreed to.  As part of this ongoing blog, I will be writing about certain articles in the agreement that seem to be questioned more than others.  Given the very public nature of a blog, anything I write will be on a without prejudice basis since I would not want the employer producing this blog in a future arbitration.

Day of Mourning:  This April 28, is the National Day of Mourning.  More than twenty years ago the Canadian Labour Congress declared April 28 a National Day of Mourning for workers who have been killed, suffer disease or injury as a result of work. Every year since, unions, labour councils, families and community partners gather by the thousands to ‘mourn for the dead’. What began through the efforts of Canada’s labour movement is now observed in more than 100 countries. This nationally recognized day locally is recognized at the monument in downtown Oakville by the main library at 6pm.  Local 245 annually lays a wreath at the ceremony along with other labour unions.  Following the formal portion of the event, refreshments and food will be served.  See you there!

Jay Jackson