September 13, 2023

Location: Microsoft Teams

In Attendance:

For the Union	For the Employer	Guests	Regrets
Amanda Usher, OPSEU Kathleen Demareski, OPSEU Daryl O’Grady, OPSEU	Jennifer Price, TBS David Au, TBS Cameron Pyl, TBS Kevin Wilson, TBS Janice Tepper, TBS Alexandra Ellis, TBS Victoria Tsiaras, TBS	N/A	Steven MacKay, TBS Chris Eckert, OPSEU

 

Standing Items:

Date Tabled	Standing Items	Referred To	Action
Standing Item	Subcommittee Updates: JESS   The Parties continue to meet through committee meetings. This item will continue to be discussed outside of CERC.	The Employer & OPSEU	The Parties to continue to discuss at JESS.
Standing Item	CERC File Review   The Parties will be resuming CERC file review meetings.	N/A	The Parties to follow up.
Standing Item	Reskilling of Members Agreement (Also Appendix 66)   The Parties discussed OPSEU’s concerns related to pre- meetings as outlined in Appendix 66 of the Collective Agreement. The Employer will resume the pre-meetings.	The Employer & OPSEU	The Parties to follow up.
Standing Item	Diversity and the Collective Agreement   The Parties will be regrouping on this item on October 27th, 2023.	The Employer & OPSEU	The Parties to follow up.

 

Continuing Business:

 

Date Tabled	Continuing Business	Referred To	Action
July 13, 2022	Hybrid Work Model   The Parties continued to discuss the Return to the Workplace plan. The Parties defer this item to the MERC level to discuss any ministry-specific issues, should they arise.	The Employer & OPSEU	The Parties to follow up.
November 25, 2022	Manulife/Benefits   The Parties will be meeting outside of CERC to discuss this item.	The Employer & OPSEU	The Parties to follow up.
November 25, 2022	FXT Conversions, Position Numbers, and Vacancies   The Parties continued to discuss the information that is provided regarding FXT convertible time at the MERC level, to ensure consistency across ministries.	OPSEU	OPSEU to follow up.
March 30, 2023	Union Retaliation/Discrimination   The Union encourages MERCs to discuss issues first and, if unresolved, to file policy grievances. Item to be removed from the agenda.	NIA	Item to be removed from the agenda.
March 30, 2023	Seat Belt Cutting/Glass Breaking Tool   The Employer confirmed that there will be further communication to ministries regarding the purchasing of the tool.	The Employer	The Employer to follow up.

 

 

Date Tabled	Continuing Business	Referred To	Action
March 30, 2023	OPS Driving Attestation   The Employer provided responses to OPSEUs concerns. See Appendix A attached. Item to be removed from the agenda.	NIA	Item to be removed from the agenda.
March 30, 2023	Improvements in Employee Accommodation   The Employer is reviewing the letter received from OPSEU and will provide an update, once available.	The Employer	The Employer to follow up.
March 30, 2023	Performance Wording vs. Performance Improvement in FORTE   OPSEU informed the Employer that concerns raised had been rectified. Item to be removed from the agenda.	NIA	Item to be removed from the agenda.
March 30, 2023	SOLGEN MERC Referral – IT Consultants   The Parties discussed OPSEU’s concerns related to the use of consultants in IT positions.	The Employer	The Employer to follow up.
June 28, 2023	IVF Coverage   OPSEU raised concerns with loss of benefits (IVF) coverage due to hospital/clinic closures.	The Employer	The Employer to follow up.

 

 

Date Tabled	Continuing Business	Referred To	Action
June 28, 2023	Article 30 – Employee Right to Representation   This item has been deferred until the next CERC meeting.	The Employer	The Employer to follow up.
June 28, 2023	Appendix 42   The Employer confirmed that updated Alternative Work Arrangement (AWA) templates have been posted on the OPS intranet.	The Employer & OPSEU	The Parties to follow up.
June 28, 2023	Alternative Work Arrangements and Onsite Attestation   The Employer confirmed there are two attestation options for employees in WIN as follows: 1.  “I confirm that I have attended the onsite workplace, for the period identified, a minimum of 3 days per week or as per the schedule agreed to with my manager.” 2.  “I did not attend the onsite workplace, for the period identified, a minimum of 3 days per week or as per the schedule agreed to with my manager”	The Employer & OPSEU	The Parties to follow up.
June 28, 2023	Reclassifications   The employer to follow up on the concerns raised on reclassifying positions outside of the OPSEU bargaining unit. For clarity, the CERC will remind the MERC teams that the employer can reclassify as per Article 2. Item to be removed from agenda.	N/A	Item to be removed from agenda.

 

New Items:

Date Tabled	New Items	Referred To	Action
August 2, 2023	National Day of Truth and Reconciliation – Implementation of Award   The Employer will provide written communication to OPSEU confirming the status and next steps of NDTR. The Employer will be having these same discussions with all bargaining agents.	The Employer	The Employer to follow up.
August 2, 2023	Appendix 4 -JIBRC -Outstanding Issues   The Employer confirmed that interest will not be paid.	The Employer & OPSEU	The Parties to follow up.

 

For the Unior·a –

Date: September 13, 2023

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For the Employer: C} f’J.C.Q­

Date: September 13, 2023

Attachment: Appendix A re. OPS Driving Attestation

Appendix A – Responses to CERC Questions – OPS Safe Driving Attestation (August 2023)

 

Question 1: Concerns with the language “discipline up to and including dismissal”. Members find the language threatening, intrusive and unnecessary. Members are aware of the rights of managers/the employer to discipline under Article 2.1. Questioning why it would need to be acknowledged outside of the collective agreement again?

 

Unsafe driving behaviours pose a significant risk to the safety of OPS employees and the public. The attestation informs employees that failure to operate a motor vehicle in a safe and responsible manner, including but not limited to failing to drive in accordance with the OPS Safe Driving Guideline, may result in discipline, up to and including dismissal. The intent of this notification to staff is to provide transparency and clarity regarding expectations and to ensure employees are well-informed of the potential consequences of failing to meet those expectations.

 

Question 2: Retention/location of all documents/attestation forms, and who has accessibility to confidential employee documents?

 

Driver Information Record

The Highway Traffic Act states that anyone operating a motor vehicle in Ontario must have a valid driver’s licence that is the class equivalent to the vehicle they are operating. As the registered plate owner of OPS fleet vehicles, the Ministry of Transportation (MTO), and the employee’s ministry are responsible for ensuring that OPS employees operating a vehicle registered to the Crown have a valid drivers’ licence. It is the manager’s responsibility to ensure that the employee holds a valid licence of the appropriate class for the OPS fleet vehicle they are intending to operate. The Driver Information Record ensures new program drivers have received authorization from the FMC that a driver’s licence is valid prior to operating an OPS fleet vehicle, if they have not already done so. DIR is completed by new driver and sent to Fleet Administration for processing and authorization.

 

Safe Driving Attestation

Managers, in addition to employees, sign the employee’s Safe Driving Attestation. The ministry retains the attestation locally and may only be accessed by an individual reviewing the file in the course of their job duties. The Attestation may be sent to the Fleet Management Centre, along with the Driver Information Record.

 

Question 3: Unions ability to receive and participate in the calibration of the technology.

Question 6: The union’s ability to review all data on how the calibration is certified and applied to all OPS or crown agency vehicles.

 

The telematics units are installed by trained professionals contracted to provide this service. The telematics technology that the OPS uses is the most deployed telematics service in the world, as far as we are aware. The vendor that the OPS uses – GEOTAB – has a contract with the US federal government, and most of the 50 states. The telematics units are fully digital and don’t require any calibration.

 

The vendor is responsible for all installation and testing; the units are tested after installation by the installer to ensure they are functioning properly.

 

Question 4: The number of incidents/occurrence which resulted in (HTA) Highway Traffic Act, or (CCC) Criminal Code of Canada charges which resulted in convictions against our members.

Question 5: The number of accidents/occurrences which were attributed to speeding or other HTA violations as reported in the 10000 incidents reported by MTO.

 

The Employer does not proactively utilize telematics information to report violations of the Highway Traffic Act to local authorities. The Employer is also not automatically notified by local authorities in circumstances where the driver of the vehicle was charged under the Highway Traffic Act. Please note, as the owner of the vehicle, the Employer will be notified of violations of the Highway Traffic Act in cases in which the owner of the vehicle is deemed liable for a statutory breach.

 

Question 7: The requirement to provide all drivers (OPSEU) of Ministry vehicles defensive driving certification courses.

 

The Highway Traffic Act states that anyone operating a motor vehicle in Ontario must have a valid driver’s licence that is the class equivalent to the vehicle they are operating. The Driver Information Record ensures new program drivers have received authorization from the FMC that a driver’s licence is valid prior to operating an OPS fleet vehicle. Employees driving OPS vehicles are expected to have a class “G” license and have been notified through various communication and resources to remind employees of the Employer’s expectation to adhere to safe driving practices, which includes refraining from driving at unsafe speeds.

Question 8: A list of all management who drive Ministry vehicles and are exempt from this OPS mandate. Question 10: A disclosure on all Ontario Provincial Police vehicles, and or crown agencies which would be capture or exempt from this policy.

 

All employees are required to obey the speed limit of the road and drive at a speed that allows them to operate their vehicle safely without endangering themselves or others. The thresholds under which ministries are notified are defined in the Highway Traffic Act, specifically Section 72 (Street Racing/ Stunt Driving). Unless defined under provincial legislation, employees are not exempt from the Highway Traffic Act. 

Question 9: A breakdown of the 10000 incidents as reported to TBS from MTO to determine for example how many of these incidents involved our emergency response sectors and our enforcement sectors. 

Employees in emergency response and enforcement sectors are expected to carry out their job duties and responsibilities in a safe and responsible manner. Unless defined under provincial legislation, employees are not exempt from the Highway Traffic Act. 

Question 11: A disclosure on all vehicles which receive funding from the Province of Ontario who would be captured or exempt from this policy.

 

The Highway Traffic Act determines which sectors may be exempt from certain requirements outlined in the Act. The thresholds under which ministries are notified are defined in the Highway Traffic Act, specifically Section 72 (Street Racing/ Stunt Driving).

Question 12: Another concern raised is the abundance of the word “Attestation.” We have noticed it in more employer documents recently. Ex. Benefits page, OPS driving, return to work.

Unsafe driving behaviours pose a serious risk to health and safety, and the MTO continues to be committed to promoting the health, safety, and wellbeing of OPS employees and the public it serves. OPS staff must not operate any motor vehicle in a reckless way which may endanger themselves, any other worker, or another driver. The safe driving attestation reflects the seriousness with which the employer takes health and safety by asking employees to certify formally that they are aware of their safe driving responsibilities. We cannot speak to the choice to use the word attestation in other contexts.