This page is updated regularly and includes important CERC resources for members.
Alternate Work Arrangements Denials – Update and Next Steps
Update – CERC Stands Firm: We Do Not Support This Mandate
Update – Return to Office Directive
We understand members are concerned about the impact of the Return to Office (RTO) Directive, and they are looking for ways to fight back against this action from their Employer.
Here is what is already being done on this issue.
CERC (Central Employee Relations Committee) are in discussions with the Employer about this directive, trying to limit its applicability, it’s implementation timeline, and negotiate exemptions. We are working on this on behalf of all of the Unified OPS.
In addition to that, we have already filed an application at the OLRB (Ontario Labour Relations Board) arguing against the implementation of the RTO Directive at the current time, because it’s right in the middle of the “freeze” period, where all new policies are supposed to be “frozen” while bargaining is ongoing.
The lawyers handling the OLRB application have explicitly advised us that we should not file a policy grievance about the RTO at this time, because doing so could jeopardize the OLRB application. This is because the OLRB commonly defers to the grievance process, so if a grievance has been filed on the same issue as an OLRB application, they will pause the OLRB application until the grievance is resolved. On the basis of this legal advice, we have held off on filing an OPS-wide policy grievance regarding the RTO. However, we continue to negotiate on the issue with the Employer at CERC.
Please be advised that though members may wish to file a policy grievance about the RTO Directive, such a grievance will not be approved centrally, because of the legal advice we have received.
However, if the members wish to file individual grievances about the RTO Directive, they can still do that. These individual grievances should be specific to each member’s individual circumstance.
However, we advise that members not file a group grievance. This is because the application of the RTO Directive is specific to the unique circumstances of each individual member. Unless members all have the same specific circumstances, only individual grievances should be filed.
In solidarity,
OPS Unified CERC Team
Chris Eckert – Chair
Leslie Aiston – Vice Chair
Shawn Burr
Return to Office – Employer Memo
It has come to our attention that new information is circulating regarding the memo recently issued by the Employer. This action is a direct violation of our labour rights and contravenes the provisions of our Collective Agreement.
The new form being circulated by the Employer is arbitrarily imposed and constitutes a clear violation of Appendix 42 of our Collective Agreement as well as Section 86 of the OLRA.
As previously indicated by CERC, requests for AWAs should continue to follow the established process outlined in our prior communications. We urge members to rely on the guidance already provided (see below).
We are strongly encouraging members to file grievances in response. Every grievance plays a critical role in protecting our rights and holding the Employer accountable.
Further information will be shared and posted shortly on the OPS Unified Website.
In solidarity,
OPS Unified CERC Team
Amanda Usher – Chair
Chris Eckert – Vice Chair
Leslie Aiston
Alternative Work Arrangements
There are different agreements that members can request under an “Alternate Work Agreement” including: Compressed Work Week (CWW), Telework, Flex Work and Variable Hours.
The PDFs linked below are templates members can use, do not worry about the dates at the top of the templates, as stated they are only templates, so you can edit as necessary. You will also notice many still refer to COR articles, those can be removed when you are completing the template.
The first step for members is to decide what type of AWA they need; they also need to consider if they require an accommodation under Ontario Human Rights, which would be a separate process.
Once they know which type of AWA they need, they are to make a request to their manager outlining what they are asking for; they can include a copy of the appropriate form if they wish. This request should be in writing. Example templates are linked below.
If the manager denies their request, the member can then file a grievance. Sample language is provided below.
Remember: No response – IS a response, so if you do not receive a response, please proceed with filing a grievance. If an AWA is approved, a member can always withdraw their grievance at that time.
It is recommended that members make their AWA requests ASAP. If members are filing a grievance, they should file these grievances individually.
When you file the grievance, please also cc the CERC at [email protected].
Keep Hybrid Work in the OPS
There is a petition that members can sign to show they do not support this Return to Office, there is even the ability to share their story as to how this change will affect them.