Union non-monetary demands

Union non-monetary demands


The union proposes the continuation and renewal of the current provisions in the collective agreement (including relevant Schedules, Letters of Understanding, Memoranda of Agreement or Settlement, Appendices and Letters of Agreement or Understanding, Classification Plans), with the exception of the following modifications, as well as modifications contained in forthcoming proposals;

The following union proposals are tabled without prejudice. Further the union reserves the right to ADD, DELETE, AMEND or otherwise alter these proposals during the course of bargaining.

It must be expressly understood that agreement on some proposals may require a parallel change elsewhere in the collective agreement.  It must also be expressly understood that the Union may be tabling further proposals.

  1. Article 8.6.3: Delete “may” and insert “shall”
  2. Article 10: NEW – Sub-Article 7.2.4 “Nothing in Article 7 shall supercede Article COR8.
  3. Article 17: Apply to FxT.
  4. Article 18.1.1(b): Remove the term “Full-time” in reference to FxT.  Also remove the term “Full-time” FxT from all Articles of the CA.
  5. Article 19.2: Apply to FxT.
  6. Article 20: New Article 20.3.6: For clarity, an employee identified in 20.3.5 will be red-circled for a minimum of six (6) months.
  7. Article 22
    1. Article 22.15.1: Replace “three (3) years”, with “one (1) year”
    2. Article 22.2: add (B), “The Employer will provide full disclosure prior to the Formal Resolution Stage date. For clarity, this will include, but is not limited to: verbal and written and or video recordings, all related documents, all verbal accounts, investigative and fact-finding results, and any other available information.”
  8. Article 23.2.1- Delete …”up to the release of a conciliation “no-board” report or the release of the report of a conciliation board, as the case may be, provided that not more than 15 employees at any one time shall be permitted such leave for the Central AND Unified Agreements and seven (7) employees at any one time” INSERT “up to and including arbitration, provided that not more than 15 employees at any one time”.
  9. Article
    1. Article : 25.1: Replace “may granted” with “shall not be unreasonably denied.”
    2. Article : 25.2: ADD FxT
  10. Article 28.1: Replace Article with: A deputy Minister will not unreasonably deny leave for the purpose of Canadian Forces Reserve Training. Not more that two (2) weeks shall be with pay.
  11. Article 30
    1. Article 30.1 Replace “… the Employer may set a meeting…” with “… the Employer shall reschedule the meeting in conjunction with the Union’s availability.”
    2. Article 30.2 New: For meetings involving (a), (b), (d), (g), The Employer shall inform the Employee and Local President or Designate in writing three (3) business days in advance of the meeting: the reason (including any specific allegations) time, date, and location of the meeting.
  12. Article 31A
    1. Article 31A.7.2: Delete Article – redundant
    2. Article 31A.7.3: Delete “one-time option” replace with “annually based on date of hire”
    3. Article 31A.7.4: Delete “… for the duration of their fixed-term employment, including any subsequent extensions or reappointments not broken by a 13 week or greater period of non-employment.” Insert “for a minimum of 1 year and shall have an opportunity to opt-in or opt-out of coverage upon their anniversary date each year.”
    4. Article 31A.4.2: Replace “two (2)” with “four (4)”.
    5. Article 31A.4.3: Replace “two (2)” with “four (4)”.
    6. Article 31A16.1: ADD – ARTICLES: 17, 19.2, 25.2, 51.4, COR5.4
    7. ARTICLE 31A17.3: NEW: CSD calculations shall include approved leaves up to but not to exceed 40 straight-time hours per week or the equivalent when on a compressed work week.
  13. Sick Notes:
    1. Article 31A 8.2: Amend “five (5) days” to “ten (10) days”.
    2. Article 31A 8.3: Amend “five (5) days” to “ten (10) days”.
    3. Article 32.16.2 Amend “five (5) days” to “ten (10) days”.
    4. Article 32.16.3: Amend “five (5) days” to “ten (10) days”.
    5. Article 44.10: Amend “five (5) days” to “ten (10) days”.
    6. Sick Notes:  ADD: Qualified Practitioners – 31.A.8.2; 32.16.2; 44.10 – “qualified” health care practitioners add (E.g. physician, midwife, dentist, nurse practitioner, chiropractor, physical therapist, naturopathic doctor, acupuncturist, occupational therapist, psychologist, psychiatrist, registered social worker/therapist) practising within their respected scope of practise. (Reference Section 46.1 Bill 148)
  14. Bereavement:
    1. Article 31A.10.1: Amend to read:” … leave of absence with pay in the event of the death of the employee’s or the employee’s spouse’s; mother, spouse, father, son, daughter, step children, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, ward, guardian, step mother, step father, step grandparent, step-grandchild. Delete Article 31A.10.2 when changes made.
    2. Article 48.1:  Amend to read, ”… leave of absence with pay in the event of the death of the employee’s or the employee’s spouse’s; mother, spouse, father, son, daughter, step children, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, ward, guardian, step mother, step father, step grandparent, step-grandchild” . Delete Article 48.2 when changes made.
    3. Article 32.15.1: Amend to read ” … leave of absence with pay in the event of the death of the employee’s or the employee’s spouse’s; mother, spouse, father, son, daughter, step children, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, ward, guardian, step mother, step father, step grandparent, step-grandchild” . Delete Article32.15.2 when changes made.
    4. Article 33.7: Amend to read ” … leave of absence with pay in the event of the death of the employee’s or the employee’s spouse’s; mother, spouse, father, son, daughter, step children, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, ward, guardian, step mother, step father, step grandparent, step-grandchild” . Delete Article33.7 when changes made.
    5. Amend Articles 31A.10.1, 32.15.1, 33.7, 48.1 to replace (3) three days with (7) seven days.
    6. 31A16.1: ADD: ARTICLES 17, 19.2, 25.2, 51.4, COR 5.4
    7. New Articles 31A 10.4 and 48.4: “The period of Bereavement Leave in this Article can be split.
  15. ARTICLE 39
    1. Article 39.2.5 – Delete “, to a maximum of twenty-five ($25) for each visit … up to twenty-five ($25) per half-hour”
    2. Article 39.2.6 – Delete “, up to twenty-five ($25) per half-hour”
  16. Article 41.6 (WSIB Net Income): Delete
  17. Article 42
    1. Article 42.2: LTIP/Pensions
      1. Remove: Article 42.2.2, 42.3.3, 70.3.2, 70.3.3, and Appendix 56.
    2. Article 42.7: LTIP/Rehabilitation
    3. REMOVE: v 42.7.1, 42.7.2, 70.7.1, 70.7.2, and APPENDIX 55.
      1. New Articled : 42.7 and 70.7: If an employee who is receipt of LTIP benefits is resuming employment on a gradual basis during recovery, partial benefits shall be continued during rehabilitative employment. “Rehabilitative employment” means remunerative employment while not yet fully recovered, following directly after the period of total disability for which benefits were received. When considering rehabilitative employment benefits, LTIP will take into account the employees training, education and experience. The rehabilitative benefit will be the monthly LTIP benefit less fifty percent (50%) of rehabilitative employment earnings. The benefit will continue during the rehabilitative employment period up to but not more than twenty-four (24) months. Rehabilitative employment may be with the employer or with another employer.
  18. Article 49.1: Replace “may grant” with “shall not unreasonably deny”
  19. Article 51.4 ADD FxT
  20. v 75.1: Replace “may grant” with “shall not unreasonably deny.”
  21. New Article: Insert the current Post Retirement Pension entitlements.
  22. Article COR5:
    1. Article COR5.4: ADD FxT
    2. Article COR5.1: Replace “fifteen (15)” with “twenty-eight (28)” and replace “ninety-six (96) hours” with “one hundred twenty (120)”
    3. Article COR5.5: Delete
  23. Article COR8.2.2: Delete, “even if part of the shift becomes overtime.”
  24. Article COR9: NEW – Article COR9.3: An employee being called back to the workplace will be told of the specific reason and/or task and will be allowed to leave the workplace once the specific reason/task for the call-back is completed.
  25. Article COR 14
    1. Article COR 14.1.2: Amend to read: “An employee charged with but not found guilty of a criminal, or other federal offence because of acts done in the performance of their duties as an employee, shall be indemnified…”
    2. Article COR14.1.4: Where an employee is a defendant/respondent in a civil action/application for damages arising out of acts done in the performance of their duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines they are unable to act for the employee by reason of conflict of interest, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, unless the employee is found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and

ADD…For clarity, the existence of a grievance shall not preclude representation by a government lawyer.

  1. Article COR 14.3.2: ADD “stay of proceedings, diversion or discharge on criminal matters”
  2. Article COR 14.3.3: Delete “he/she is given an absolute or conditional discharge; or”
  3. Article COR14.4.1:
    1. Replace “Applications for approval” with “Notifications”.
    2. Add “or the Union” after “the employee”
  4. Article COR14.4.2: Delete Article
  5. Article COR14.4.3: Delete Article
  6. Article COR14.8: Replace, “Legal” with “Criminal proceedings”
  7. Article COR14.9: NEW Article

Any compensation for civil proceeding costs incurred under this article shall be based on a maximum hourly rate of three hundred fifty dollars ($350.00) per hour, and the hourly rate of three hundred fifty dollars ($350.00) per hour, shall be the maximum amount that shall be reasonable and necessary for the purposes of this article. Despite the language of any retainer which may be submitted by the employee, or approved by the employer, the employer shall only be liable for up to a maximum of three hundred and fifty ($350.00)per hour.

  1. Appendix COR 3: POA Days
    1. Increase minimum POA Days from seven (7) days to a minimum of fourteen (14) days per calendar year.
    2. Increase maximum accumulation of from twenty-one (21) days to forty-two (42) days.
    3. Permit PO’s/PPO’s to carry a balance of up to but not exceeding 42 POA Days but such to be reduced to a maximum of twenty-eight (28) POA days by the thirty-first (31st) day of December each year.
    4. Permit POA days to be cashed-out upon the request of the PO/PPO.
  2. Appendix COR 7:  Delete “…even if part of the shift becomes overtime”
  3. Appendix COR17:
    1. Remove “where operationally feasible,”
    2.  ADD:  All members to be notified, in writing, by the Employer that they are subject of an investigation and the specific reasons, allegations, and alleged violations for the investigation immediately.
    3. ADD: All members suspended with pay will be supplied the rational, in writing, for removal from the workplace as well as the steps taken to find other appropriate work areas within the worksite.
    4. ADD: While a formal police investigation is underway, no S.22/S.98 investigations will be active.
    5. ADD: During paid suspension pending investigation, employee to receive overtime based on average of the individual’s last 12 months overtime as well as the regular pay.
  4. Appendix COR20 2.1.2(a): Delete “the Union Community Representative will have approved half-time off. Additional time off requests for the MCSCS Union Community Representative will be considered by the Employer on a case-by-case basis” and replace with “the Union MCSCS Community Representative will have approved full-time off.”
  5. Appendix COR29: DELETE “upon the direction of the Superintendent.”
  6. Letter of Understanding: NEW- There will be no divesting, privatization, or P3 partnerships of any new work, current work or work locations.
  7. Letter of Understanding: NEW- All Private, Transfer Payment, and P3 contracts encompassing Corrections Bargaining Unit duties will be returned to the Bargaining Unit.
  8. Letter of Understanding: NEW- The parties agree that all MCYS Young Offender transportation will be transferred from the OPP Bailiffs to YSOs.
  9. Letter of Understanding – NEW: The parties agree that all MCSCS inmate transportation will be transferred to MCSCS as per the recommendations arising out of APPENDIX COR21.
  10. Letter of Understanding – Parties agree to meet within 90 days to work on roll over agreements for unified members.
  11. Letter of Understanding – The Parties agree to convert a greater number of FxT positions to full-time regular employees by increasing the BAM (Budget Allocation Model) at/in each worksite within 90 days of ratification. The Parties agree to explore final numbers through this Collective Bargaining Process.
  12. Letter of Understanding – The Parties agree that eligibility for all Classifications rollovers will require a minimum of 1725.5 straight-time hours or 1904 straight-time hours as appropriate.
  13. The following Appendix that appear to have expiry dates:
    1. Appendix 9 – RENEW
    2. Appendix 12 – RENEW
    3. Appendix 13 – ADD:
      1. Relocation Expenses shall be paid when relocation is greater than a 40-kilometre radius.
      2. This Appendix shall supercede any related Articles.
      3. Radius shall be defined as:
        1. The new work location is at least (40) forty kilometres away from the old workplace; and
        2. The road distance between the new work location and new residence is at least (40) kilometres less than the road distance between the new place of employment and old residence.
    4. Appendix 21 – RENEW
    5. Appendix 32 -RENEW
    6. Appendix 34 – JSSC15 expires with CA. Do Not Renew pending monetary discussions.
    7. Appendix 39 – Do not renew
    8. Appendix 40 – RENEW
    9. Appendix 46 – RENEW
    10. Appendix 50 – Add, “All Classifications to be added to lists.”
    11. Appendix COR 27 – RENEW
    12. Appendix COR29 – RENEW
    13. Appendix COR33 – RENEW
    14. Appendix COR38 – ALLOW to expire
  14. “Psychiatric Nursing Assistant" 1-4 class series be replaced with "Registered Practical Nurse" 1-4.
  15. “Nurse 3 General” Classification be divided into 2 Classifications: “Nurse 3 General” and “Mental Health Nurse”. Utilize current wage grid as starting point.
  16. “Nurse, Public Health” 1-3 class series be replaced with “Nurse Practitioner” 1-3.
  17. Maintenance Mechanic 1-3 be renamed to Facilities Technician 1-3.
  18. New Article: The parties agree that in the event of an impasse of Collective Bargaining the Interest Arbitration will be by a 3-panel member arbitration board.
  19. New Letter of Understanding: The parties will ensure the Health Care Classifications potentially affected by the review involving the MOHLTC shall remain in the Corrections Bargaining Unit.
  20. New Letter of Understanding: Memorandum of Understanding with Respect to Mental Health in the Workplace. This memorandum of understanding is to give effect to the understanding regarding issues of mental health in the workplace. The task force, comprised of a technical committee and a steering committee, is established with a long-term focus and commitment from senior leadership of the parties. It will focus on continuous improvement and the successful implementation of measures to improve mental health in the workplace. Accordingly, the parties agree to establish a steering committee and a technical committee within 60 of ratification. The steering committee is to establish the terms of reference of the committee within 60 days of meeting. These dates may be extended by mutual agreement of the steering committee members. The committee terms of reference may be amended from time to time by mutual consent of the steering committee members. The technical committee will provide a report of recommendations to the steering committee within 12 months. The steering committee members may, by mutual agreement, extend this period.

The ongoing responsibilities of the technical committee include:

  1.  Identifying ways of reducing and eliminating the stigma in the workplace that is too frequently associated with mental health issues;
  2. Identifying ways to better communicate the issues of mental health challenges in the workplace and tools such as existing policies, legislation and directives available to support employees facing these challenges;
  3. Reviewing practices from other jurisdictions and employers that might be instructive for the public service;
  4. Reviewing the National Standard of Canada for Psychological Health and Safety in the Workplace (the Standard) and identify how implementation shall best be achieved within the public service; recognizing that not all workplaces are the same;
  5. Ensuring the participation of health and safety committees as required by the steering committee;
  6. Outlining any possible challenges and barriers that may impact the successful implementation of mental health best practices; and
  7. Outlining areas where the objectives reflected in the standard, or in the work of other organizations, represent a gap with existing approaches within the federal Public Service.

Once identified, make ongoing recommendations to the steering committee on how those gaps could be addressed. The National Standard for Psychological Health and Safety in the Workplace should be considered a minimum standard that the Employer’s occupational health and safety program may exceed.

The steering and technical committees will be comprised of an equal number of Union and Employer representatives. The steering committee is responsible for determining the number and the identity of their respective technical committee representatives.

  1. New Letter of Understanding: The parties agree to create a “Provincial FxT Transfer of Contract List” for each Ministry. FxT staff can request to be on this list to transfer to another worksite within the same classification. Names will remain on the list for a period of one year and employees can renew their request in writing. Prior to hiring any new FxT staff, the Provincial FxT Transfer of Contract List will be utilized via total straight-time hours worked as the deciding factor. The respective Mercs shall be tasked with creating the request form and protocol/policy within 120 days.
  2. NEW “For the selection and assignments of employees to area, schedule, post assignments, and schedule line assignments, within facilities and institutions, seniority shall be the deciding factor.  For clarity this includes but not limited to,
  3. Place Holder: Issues related to BILL 148 to be discussed once non-monetary issues are completed and prior to monetary issues.