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Liquor Board Employees Division Bargaining 2013: Employer Proposal

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Employer's Opening Proposal For Amendment of the Collective Agreement

(Expiring March 31, 2013)

Between: The Liquor Control Board of Ontario (The "Employer"/"LCBO")
-and- OPSEU- Liquor Board Employees Division (The "Union"/"OPSEU")

Enclosed are initial proposals by the LCBO, for discussion purposes that contain suggested amendments to the Collective Agreement between the LCBO and the Union (collectively the "Parties") currently in effect, April 1, 2009 to March 31, 2013 (the "Collective Agreement"). Further details will follow.

The Employer's proposals are submitted without prejudice and with the understanding that the LCBO may, at its sole discretion, withdraw its proposals, submit new proposals, or make changes in submitted proposals, if, in the sole opinion of the Employer, it is necessary and/or in response to the Union's proposals.

Unless otherwise specified within the provisions of the Collective Agreement (including its attached Letters of Agreement, Memorandum of Agreement or Appendices) or unless agreed to by the Parties, all provisions within the Collective Agreement (including its attached Letters of Agreement, Memorandum of Agreement or Appendices) continue to remain in effect.

It is further understood that any agreement between the Parties is subject to ratification by the LCBO Board of Directors and approval of the provincial government, through Order In Council.

Details to follow.

The Employer's proposals are designed to align with:

  1. The deficit of the Government of Ontario.
  2. Ontario public sector settlement patterns.
  3. The LCBO's Strategic Plan.
  4. Results from the 2012 Employee Engagement Survey.

Fiscal Deficit of the Ontario Government

The LCBO is expected to contribute toward the reduction of the current $11.4 billion dollar deficit.

Ontario Public Sector Settlements

Recent public sector settlement patterns include zero percent increases, reductions of attendance credits and elimination of termination payments, among other trends.  The LCBO is expected to follow suit. 

LCBO Strategic Plan

The LCBO's Strategic Plan for 2013/14-2015/16 includes the following objectives and strategies:

Objectives:

  • To continuously improve the customer shopping experience, increasing engagement, satisfaction, and convenience.
  • To maximize returns to the people of Ontario.
  • To be a great place to work with a culture of engagement and excellence.

Strategies:

  • Development of employee recognition.
  • Encourage excellence in leadership at all levels.
  • Ensure we have the right people at the right place at the right time.
  • Continue to improve productivity and operational efficiency to drive profitable growth and customer satisfaction.

Employee Engagement Survey:

The 2012 Employee Engagement Survey identified three top themes that will contribute to more engaged employees:

  • Career Opportunities;
  • Employee Recognition; and,
  • Performance Management

Proposals

Career Opportunities and Recognition

Article 21
Assignments and Job Postings  

General Intention:

Amend to enable promotion on merit to promote the most qualified employee.

Rationale:  

Through the 2012 Employee Engagement Survey, employees identified improving recognition and performance management as key drivers to creating a more engaged work force.

To support the LCBO Strategic Plan to develop a talent management strategy ensuring the right people at the right place at the right time are there to perform the work of the organization. It will also contribute to the LCBO's succession planning strategy.  

Furthermore, the current language in Article 21 discourages employees from applying for leadership roles in the organization.

Language to follow.

Article 31
Casuals

General Intention:

Amend Article 31.4 to enable promotion on merit to promote the most qualified employee. 

Rationale:

In response to employee identified priority of recognition as spoken through the 2012 Employee Engagement Survey.

To support the LCBO Strategic Plan to develop a talent management strategy ensuring the right people at the right time are there to perform the work of the organization.

Details to follow.

Excellence/Efficiencies

Article 1
Recognition

General Intention:

The intention is to address union time off provisions, inefficiencies and ancillary expenses in the union time off billing process.

Rationale:

Improve efficiencies and address all expenses related to union time off.

1.5 (b)(ii) Amend

Include language whereby the Union shall reimburse the Employer any salary and benefits paid for the employee and any ancillary expenses in relation to the employee's absence for Union business, within thirty (30) days of union time off.

1.5 (b)(iii) New

Including language whereby the Employer will be billing the cost of Union time off acting pay premiums and overtime for replacement employees when representatives are absent due to union business.

1.10 Amend as per the MOS re Negotiation Committee. (Housekeeping)

Article 6
Hours of Work and Overtime

General Intention:

To enhance the scheduling process for retail and logistics operations to help further improve operational efficiency and customer service by better matching staff scheduling to business needs and shopping patterns.

Provide for flexibility in start and end times of shifts and to the work week to enhance operational efficiency and customer service.

Open discussions about scheduling in Logistics Facilities to enhance operational efficiency, including changing the work week and the introduction of compressed work week schedules at Logistics Facilities.

Rationale:

To maximize returns to the people of Ontario and further improve the LCBO shopping experience by effectively supporting retail operations.

Reduce the amount of advance notice for the posting of schedules in Logistics facilities for more effective scheduling.

Amend: Article 6

General Intention (Logistics):

Provide additional shifts for Logistics employees.

Rationale:

Align with retail operations. 

Logistics (Hours of Work)

(Monday through Saturday, inclusive)

Reflect the hours to allow for start and end times that provide flexibility.

Details to follow.

Change the work week to Monday to Saturday at Logistics Facilities, Private Stock and Logistics warehouse offices to enhance operational efficiency.

6.2 (ii) Add Warehouse Offices

6.2(a)(iii) Delete Warehouse Offices

General Intention (Retail Stores and Depots):

Provide for additional shifts for Retail store and Depot employees.

Rationale:

Enhance excellence in customer service by matching scheduling patterns to the business needs of the operation.

Enhance operational efficiency.

6.2 (a)(i) Retail- Stores and Depots

Amend to reflect staggered start and finish times.  See hours of work for the Contact Centre (Page 23 of the CA)

General Intention:

Increase number of employees available to work during peak business periods.

Rationale:

Gain operational efficiencies and provide excellence in customer service.

6.4 (a)(iii) Amend

The provision whereby fifteen (15) Saturdays off on a rotation basis each contract year will be inclusive of vacation periods, paid holidays and leaves of absence with pay as defined in this agreement.  Language amendment to follow.

6.6 (a)

Reduce the cost associated with overtime payments.

Delete all references to the payment of double time for second consecutive day of overtime.

Article 8
Vacation and Vacation Credits

General Intention:

Address vacation scheduling

Rationale:

To achieve operational efficiencies.

8.11 Amend

Details to follow.

Article 9
Attendance Credits

General Intention:

Align collective agreement with other public sector settlements.

Rationale:

To maximize returns to the people of Ontario.

9.2 Amend

Amend to twelve (12) days per year.

9.3 Amend

Reflect changes as a result of 9.2.

9.6  New

(a) In this Article, "unused attendance credits" means attendance credits to which an employee is entitled for the attendance year less any attendance credits used during that attendance year.

(b) After the close of an attendance year an employee shall have all his/her unused attendance credits for the attendance year added to his/her total of accumulated attendance credits.

Article 10
Attendance Bonus

General Intention:

Eliminate the Attendance Bonus system

Rationale:

To maximize returns to the people of Ontario and align collective agreement with other public sector settlements.

10.1, 10.2, 10.3 Delete in its entirety

Parallel amendments.

Article 11
Termination Payments

General Intention:

Freeze termination payments for all current employees.

Eliminate termination payments for all new employees hired following ratification.

Eliminate the payment of attendance gratuities and delete all references to Attendance Gratuity in the Collective Agreement.

Language to follow.

Rationale:

To maximize returns to the people of Ontario and align collective agreement with other public sector settlements.

11.1 Preamble Add

Severance Pay entitlements shall only apply to eligible periods prior to ratification.

11.1(a)(i) Delete

11.1 (b) Delete reference to "Attendance Gratuity".

11.2 Delete Housekeeping

11.3 Delete reference to "Attendance Gratuity".

Article 12
Sickness and Injury Leave

General Intention:

 Introduce a process for selection of a medical practitioner.

Rationale:

Provide ease and required information in the workplace accommodation process.

12.10 (c) New 

Details to follow.

Article 20
Employees' Group Insurance and Medical Benefits Plan

General Intention:

Review for discussion, current costs related to existing benefit plans. Detailed proposals to follow.

Rationale:

To maximize returns to the people of Ontario.

20.5 (b)(x) New

Introduce language to provide that the L.T.I.P. benefits to which an employee is entitled shall cease if the employee refuses to participate in a Vocational Plan or other rehabilitation plan. 

Article 31
Casuals

General Intention (Logistics Division):

Post the schedule one week in advance at Logistics facilities.

Rationale:

To assist in efficiency of scheduling.

31.1 (a) Renumber to 31.1(a)(i) for Retail Stores and Depots

31.1(a)(ii) New (Logistics Facilities)

Hours of work shall be posted (1) one full week in advance for each establishment.  For scheduling purposes, the work week for casual employees shall commence at 12:01 a.m. Monday and there shall be no split shifts.  For payroll purposes, the start of the work week shall be Sunday at 12:01 a.m.

Any other consequential amendments to the language.

31.7 

Details to follow. 

Consolidation of Joint Workplace Committees

General Intention:

To replace multiple committees with one central working group.

Rationale:

To address all union/management matters in the interest of a holistic problem solving structure and contribute to productivity efficiencies for both parties.

Language and specific amendments to follow.

Notices

The Logistics Division will be including Saturday when scheduling regular hours of work to casual and seasonal employees.

Subject to the outcome of promotion on merit proposals, the Employer will cease filling 'A' and 'B' Store Assistant vacancies through the process of attrition. For greater clarity, apply to prospective vacancies and current incumbents will be green-circled.

The Employer will be implementing and adhering to a revised Deportment Policy.  

Schedule of Wage Rates

General Intention:

Adjust the wage grids reflective of other retailers for new employees hired after ratification.

Freeze progression through the wage grids for new and existing employees, unless such progression is offset by costs savings agreed upon in this round of negotiations.

Rationale:

To maximize the returns to the people of Ontario without affecting current employees.

Details to follow. 

Performance Management

Article 22
Uniforms, Attire and Special Allowances

General Intention:

Meet the Employer's safety standard regarding CSA approved footwear.

Rationale:

Prevent injury to employees.

22.3(a) Amend

"Safety footwear, which is designated as CSA approved and satisfactory to the Employer,  shall be worn by: …."

Parallel changes.

Article 26
Employee Files and Discipline

General Intention:

To amend the language to provide flexibility for conversation between management and employees with respect to performance management issues.

Rationale:

To facilitate performance management.

26.3 Amend

Amend "which may result in discipline" and replace with "which may result in dismissal".

26.5 New

Where an employee is discharged for theft and/or violence in the work place, any grievances submitted shall be limited to determining whether the conduct which led to the discharge occurred and not the level of discipline that was imposed.  Should the grievance proceed to arbitration, an arbitrator shall be limited to determining whether the conduct which led to the discharge occurred.  Should the arbitrator find that such conduct did occur, the arbitrator shall not have the ability to substitute a lesser level of discipline. 

Article 31
Casuals

31.5(b)

General Intention:

Modify to reflect consistency with Article 4.3 (c).

Rationale:

Treat casual and permanent full-time employees in the same manner, who are absent without leave.

Amend

A casual employee will lose all seniority and his/her employment will be deemed to have been terminated if he/she is unavailable for work for a period of in excess of ten (10) consecutive shifts, exclusive of any approved leave of absence.

Notices

Pre-1996 Casual employees will be required to meet minimum availability requirements.

Clarification and Housekeeping

Housekeeping
Courtesy Notice

The Employer will be exercising its right to conduct meetings with employees for the purpose of Article 5 which does not provide for representation at meetings.

Courtesy Notice

French Language Services testing levels will increase to an advanced level from an intermediate-mid level, to achieve compliance with a French Language Services Commissioner directive.

Replace SIN with Employee Number in Article 3.4(a).

Appendices and Letters of Agreement

General Intention:

Review, amend or delete where required.

Details to follow.

Appendices

Appendix 4- Applicable to Seasonal Employees (LCBO Logistics Facilities- amend details to follow. (P 174)

Letters of Agreement

Leave of Absence for Union Business on a Full-Time Basis- delete housekeeping (P206)

French Language Services- delete (P208)

Permanent Vacancy Review- amend (P211)

PVR- Amend to include only the accumulation of hours worked where the hours worked match the permanent full-time conditions of work.

Specifically:

·        (a) Class that have thirty-seven and one-half (37 ½) hour work week.

·        (b) Class that have forty (40) hour work week.

·        (c) Class that have thirty-six and one-quarter (36 ¼) hour work week.

·        Hours worked on Saturday in Logistics and Head Office will only be included in the event Saturday becomes a regular day of work for permanent full time employees working in Logistics and/or Head Office, unless otherwise specified.

·        Except for the above, reviews will be limited to five days in a calendar week as this is a better match of the requirements of a permanent full time vacancy.

Employment Equity- delete (P216)

Permanent Employees Transferred from Department 739- delete (P220)

Seasonal Employees- delete- housekeeping (P221)

Contracting Out- delete- housekeeping (P223)

Logistics Call in Protocol- amend details to follow (P227)

Overtime Equalization for Logistics Facilities –  amend details to follow (P229)

Applicability of Overtime & Shift Rotation in Logistics Facilities — amend (P237)

CSR Job Posting- delete- housekeeping (P240)