A message from your Central/Unified team
Earlier this week, you received two editions of Table Talk Update to announce the tentative agreement that had been reached between the Central/Unified bargaining team and the Ontario government.
This edition of Table Talk Update lays out in considerable detail all the new provisions contained in the tentative agreement. If you have any questions, please contact OPSEU at [email protected].
Term
The term of this collective agreement will be for three years: from January 1, 2015, to December 31, 2017.
Salary
- The salary rates in effect on December 31, 2014, will remain through 2015. In other words, there will be no increase for 2015. However, individuals will still progress through the grid.
- Effective January 1, 2016, all Unified members will receive a one-time lump sum payment equal to 1.4 per cent of earned base salary, less statutory deductions.
- The calculation of the base salary will be based on wages earned for regular hours worked in 2015.
- This lump sum payment will not alter an employee’s base salary for any purpose.
- Effective January 1, 2017, all members will receive an increase to their base salary of 1.4 per cent.
Salary Grid Progression Freeze
- Employees who have not reached their maximum salary will not progress through the salary scale in 2016 or 2017.
- Your team fought very hard and was successful in fighting off the proposed 12-step grid, as well as a five per cent lower starting level for new hires and those changing positions.
Special Cases
- The union received 31 special case submissions for consideration and presentation to the Employer.
- The union presented all 31 cases, but the Employer had no desire to discuss them.
- The Unified bargaining team suggested and recommended that those who had submitted these cases should forward their submissions to their respective MERCs for further discussion and reconsideration with the Employer.
New Appendix – Legal Indemnification
- Indemnification for an employee charged but found not guilty of a criminal or federal offence for necessary and reasonable legal costs incurred, or for an employee charged with a provincial offence up to $5,000, for acts done in good faith in the performance of their duties as an employee
- The above does not include indemnification for:
- grievances or complaints under the collective agreement between the Employer and the union or under the Public Service of Ontario Act, 2006
- actions or omissions of employees acting in their capacity as private citizens
- investigations and complaints under the Employer’s Workplace Discrimination and Harassment Prevention Policy
- This indemnification language mirrors the language that is currently in the Correctional Bargaining Unit.
Central Agreement
Quality of Public Services
Add a new appendix; amend Appendix 14 and Article 20
- This is anti-privatization language that gives the union input, meaning the employer must consult with the union about its privatization plans.
- It requires the employer to work with the union to deliver public services in an effective, transparent, accountable and efficient way.
- The union must be notified when the employer is proposing a change where:
- Bargaining unit functions or jobs are to be provided by another employer and
- At least 150 employees will be transferred or surplused.
- The Public Services Review Committee will be established:
- It will have equal representation from union and employer.
- It will meet with employer to review the planned initiative and discuss:
- how it meets the government’s objectives
- union proposals that will meet the same objectives
- the impact on affected employees
- A third-party facilitator will encourage mediation between the parties.
Successor Rights
Appendix 14
- New language requires the employer to pay out termination payments in accordance with Articles 53 and 78 when employees are transferred to a new employer.
- Previously, termination payments were transferred to new employers in trust. If a small employer went out of business, employees would lose their termination pay.
Employment Stability
Article 20
- Tuition reimbursement (only applicable if your work is privatized).
- There will be an enhanced tuition reimbursement of $15,000 while on layoff, where you have recall rights.
- If you are recalled during your education period, you can return to work or reject the recall offer, without forfeiting your future recall rights.
- The recall period can be extended by another 12 months if you are enrolled in an education/training program.
- If the enhanced education/training entitlements are not used in the 24-month recall period, and you leave the OPS, you will receive a career transition allowance of $15,000.
Information to New Employees
Amend Article 5 (New Language)
- Within 30 days of hiring, the employer must inform all fixed-term, flexible partâÂÂtime, seasonal and regular part-time employees in writing of their benefits and the option to enrol in these benefits.
Posting and Filling of Vacancies or New Positions
Amend Article 6
- Article 6.1.2 has become 6.1.2.1 and has been amended. The employer may hire qualified candidates in rank order who had previously applied for the same vacancy or new position, provided that the competition was held during the previous 14 months following position’s closing and was within 125 kilometres of the work location.
- Candidates who decline a job offer under Article 6.1.1 shall continue to retain their rank on the eligibility list for future vacancies or new positions filled under Article 6.1.2.1. Once a candidate accepts an offer, they will be no longer considered for future vacancies or new positions based on this competition.
- The employer is not required to fill a vacancy through Article 6.1.2.1.
- The employer will establish an eligibility list of qualified candidates for each position based on the results of a competitive process. The list will only be shared with the local president when the employer reaches back for the first time. The local president will be notified within five working days – a reduction from 10 working days – when the employer exercises Article 6.1.2.1.
- When the job specification is not available online or an employee does not have access to the intranet, the employee shall be given the current position specification they are applying to before the job competition closes, upon written request.
- Reference checks are no longer required for candidates who are not being considered for a job offer.
Lateral Transfers
- This resolves an outstanding grievance:
- Employees who have a French Language Service (FLS) designation can now laterally transfer to a non-designated position.
- Employees who have had an FLS designation in the last two years and have all the current requirements can laterally transfer from unilingual position to FLS positions.
Mass Centralized Recruitment Process
Amend Appendix 39
- Ministry Employee Relations Committees (MERCs) will continue to be given the eligibility list, and the notification will now include the name of the employee and the competition date.
- The Employer will now pull from this list and make job offers to candidates in rank order.
Job Trade
Amend Article 10
- Added flexible part-time.
- Employees may now trade with an employee who has a layoff notice.
Local and Ministry Negotiations
Amend Article 16 and Appendix 29
- This improvement affects seasonal employees: “date of continuous service” was replaced with “date of original hire and total seniority hours where available.”
- This resolves an issue at a number of MERC tables.
MERC Terms of Reference
Amend Appendix 29
- New language was added to allow MERCs to review statistics on workplace violence that may arise from the nature of the workplace, the type of work or the conditions of work.
- New language to allow MERCs to discuss how ministries can better use lateral transfers, job trades and conversions to fill vacancies within their ministries, with health reassignments remaining the priority
Seniority (length of continuous service)
Amend Article 18
- Following service ratification, full-time fixed-term employees shall be entitled to have their service counted towards the accumulation of seniority based upon 1725.5 straight-time hours or 1904 straight-time hours, as appropriate, counting as equivalent to one year’s service or pro-rated to the equivalent of less than one year, as appropriate
- Previously, calculations were completed by adding full-time weeks of work during full-time employment back to the first break in service of greater than 13 weeks.
- This means every regular hour of work is counted towards the accumulation of seniority, rather than only full-time weeks of work counting.
Probation Period
Amend Article 18.1.2
- The probationary period of employment is nine months. This has been amended to extend an employee’s probationary period up to 12 months, but only by mutual agreement between the employee, the union and the Employer.
- The Employer sought to increase this period to 12 months, citing certain jobs that have extensive training. This compromise is gives employees more opportunity to demonstrate their ability over three more months. Previously, the employee may have been terminated within nine months.
Employment Stability
Amend Article 20, Appendix 40
Article 20.1.4.3, Appendix 40 – Employee Portfolio
- The Employer must now amend an employee’s portfolio within three working days of receipt of the updated portfolio.
- The time frame was previously five days.
New 20.1.4.4
- Once an employee has completed an employee portfolio and submitted it to the Employer, it shall remain on file and will be considered to be current.
- It is the responsibility of the employee to update their portfolio to reflect any new skills, knowledge and abilities.