CUPE worried employees will be removed from union

Published on: July 22, 2016 | Last Updated: July 22, 2016 4:18 PM CST

Ashley Robinson, Leader-Post

It’s an uncertain time for some public employees in Saskatchewan who are waiting to see if their union membership will stick.

The Saskatoon Public Library, the City of Moose Jaw and the Cypress Hills Abilities Centre have applied under The Saskatchewan Employment Act to have some employees removed from their unions, the Canadian Union of Public Employees (CUPE)

The act allows for employers to remove workers with supervisory duties from the bargaining unit.

As a result, employees are “wondering what this will mean for me? What does this mean for my future? These kinds of things.

“It’s a concern for people. They’re not saying. ‘Oh, this is great, I want to get out of this union and be out on my own,’” said Tom Graham, president of CUPE Saskatchewan.

The Regina Public Library (RPL) also has applied to have some employees removed from the bargaining unit under older legislation. Their case is different, though.

According to Kevin Saunderson, senior manager of corporate services with RPL, it has asked the provincial Labour Relations Board for a “scope determination” on a new position — a branch manager.

“We took it upon ourselves to actually define the role of a branch manager, and that branch manager is different and the job description is broader than the job description of a branch head,” Saunderson said.

The change from branch heads to managers began last fall. RPL stopped hiring branch heads as positions became open. It is unknown how many employees will be affected by the changes as some branch heads have indicated they plan to retire soon.

CUPE Saskatchewan is concerned for all the employees involved in these cases. The union worries that these employees are going to lose their assurances of steady and fair employment if they leave the union local.

“We’re looking at a number of people that are, basically, if the employers are successful and the labour board was to agree they would be non-unionized with no collective agreement, basically, for rights,” Graham said.

CUPE has filed a notice of a constitutional question in the cases of the Saskatoon Public Library, the City of Moose Jaw and the Cypress Hills Abilities Centre.

“We think this is a violation of their rights, of freedom of association and we’re asking the labour board if they state that this legislation violates people’s rights and needs to be declared unconstitutional,” Graham said.

Saskatoon Public Library has said there will be no job losses, and no changes to wages and benefits.

“Removal from the local does not mean … I mean, the supervisors have a right to form their own union or association,” said Carol Cooley, library director and CEO of the Saskatoon Public Library.

Cooley said the library decided to remove supervisors from the union because it “believes and feels that they can exercise their abilities as supervisors if they’re not in the same bargaining unit.”

Local 1594 Bargaining Update

Your CUPE Local 1594 Bargaining Committee met with the Regina Public Library August 27-28 to commence negotiations to revise the collective agreement, which expired December 31, 2013.

Both parties exchanged and highlighted their proposal packages. Discussions were productive and respectful during the two days of negotiations and agreement was reached on a number of proposals.

Your bargaining committee is pleased with the initial discussions and progress. While it is still early in this process, we are hopeful that we will be able to reach a fair settlement that addresses the priorities of the membership within a reasonable timeframe.

Our next bargaining dates are set for September 22, 23, 24, 25, 26, 29 and 30.

CUPE’s proposal package, ratified by the membership earlier this year, is available to members upon request to a member of the bargaining committee.

The members of your CUPE Local 1594 bargaining committee are: Dale Mitchell (Acting President), Gloria Quintin-Cuddington (Chief Shop Steward), Alice Frederick (2nd Vice-President), and Guy Marsden (CUPE National Representative).

Please note that a bargaining committee alternate will be elected at a special meeting to be held Wednesday, September 4 at noon at the RPL Film Theatre. This member will join the above members at the bargaining table while President Debbie Mihial remains on a leave of absence.
In solidarity,
Your CUPE Local 1594 Bargaining Committee

Honour Our Deal

In May 2013, after years of difficult work and negotiations, the Pension and Benefits Committee and the City of Regina agreed, through a signed Letter of Intent, on a set of substantial changes that made your Regina Civic Pension Plan stable and affordable for all parties. But the City has dragged its feet on implementing the plan, and is seeking more concessions.

Now the Superintendent of Pensions is considering cancelling the pension plan due to the lack of progress on the plan.

Please make your voice heard. Together we can make sure that the City of Regina and the province honour our deal and protect retiree pensions.

Please visit www.honourourdeal.ca for more information!

Arbitrator rules “addendums” on RPL job postings violated collective agreement

An arbitrator ruled this week that an addendum that the RPL began adding to some job postings a year ago is contrary to the collective agreement and therefore invalid.

In a decision released August 19, 2014, Arbitrator Daniel Ish, Q.C., upheld a CUPE Local 1594 grievance that was filed in July 2013 when the RPL posted two competitions for three part-time (term) Public Service Clerks that included the following italicized and bolded addendum:

“Application to this competition will be considered as consent to be scheduled in excess of three (3) Saturdays and/or Sundays in four (4) as described in Article 21.05 (d) of the Collective Agreement.”

In reaching this decision, Mr. Ish wrote, “The purpose of Article 21.05(d) is clearly to give part-time employees the benefit of having one weekend per month when they do not have to be scheduled to work. It is generally recognized that most employees, perhaps not all, would prefer not to work weekends or at least prefer not to work all weekends. Article 21.05(d) was negotiated by the parties to place a fetter on the management’s right and ability to schedule part-time employees…The addendum placed in the job postings…in effect overrides the clear and unambiguous right given to individual employees in Article 21.05(d).”

Mr. Ish continued, “The addendum deems that an application for a posted position is consent under Article 21.05(d). The effect of the addendum is to only hire employees into these part-time positions that agree to consent. In my view this pre-condition (to even being considered for the job in question) directly circumvents the purpose and intent of Article 21.05(d).”

“In addition I agree with the Union argument that consent obtained through the application process is not really a voluntary consent or agreement. There is no doubt that Article 21.05(d) contemplates an individual employee’s consent without the involvement of the Union but to require consent as a condition of making a job application removes the ability to consent free and clear of any consequences. The consequence of not providing “consent” in this manner (ie. as part of the application for the job) is not to be considered for the position which obviously removes an employee’s ability to obtain the position. There is nothing in Article 21.05(d) that suggests the Employer can impose conditions on an employee’s right not to work four weekends in four and the attempt to link the ability to obtain the position with the consent is in my view an unwarranted condition attached to Article 21.05(d), as well as a removal of the voluntariness or freedom for an employee to give consent.”

The arbitrator also found that the RPL’s actions violated other provisions of the collective agreement. Mr. Ish found merit in the union’s argument that the addendum in the job posting undermined CUPE Local 1594’s role as the sole bargaining agent of employees and concluded that “to place on a job posting consent as a necessary pre-condition to obtaining the job is in effect negotiating with the individual employee. The imposition of the pre-condition to obtaining employment goes well beyond the consent contemplated by Article 21.05(d) to in effect add a term and condition of employment for part-time employees.”

In upholding the grievance, Mr. Ish ruled that “The addendum contained on the three job postings in question is invalid and the Employer must cease from using it again in future similar postings. The result is that the three successful applicants who obtained the positions which are the subject of this grievance are able to exercise their collective agreement rights under Article 21.05(d)…”

To view the complete arbitration decision click here.

Arbitrator finds imposed discipline “excessive in all the circumstances”

For the second time this year, an arbitrator has rolled back discipline imposed on a CUPE Local 1594 member who was wrongly accused by the Regina Public Library of insubordination and dishonesty.

In a decision released May 9, 2014, Arbitrator Kenneth A. Stevenson, Q.C. found that the discipline meted out to an employee charged with briefly bringing down the SILS system – a 10-day unpaid suspension and 4-month disciplinary demotion – was “excessive in all the circumstances.”

The Arbitrator replaced this discipline with a 5-day unpaid suspension, noting the Grievor had a clean disciplinary record over her 38 years of service. Mr. Stevenson also noted that the Grievor likely misunderstood the direction given to her and said the matter was an isolated incident.

In reaching this decision, Mr. Stevenson also found that the Grievor was “neither dishonest nor insubordinate during the investigation meeting. There is no evidence that she had any dishonest or deceitful intent or that she was defiant of a direct order. While she may not have accepted responsibility for her conduct, I cannot say that she lied or intentionally mislead RPL in any material manner.”

The arbitration award notes that the decision on the specific disciplinary penalty was made by the Library Director and CEO, in consultation with the Deputy Library Director, Manager, Human Resources and legal counsel.

On January 29, 2014, an Arbitration Board reversed a three-day suspension on a CUPE Local 1594 member.

To view the complete arbitration decision click here.

Nominations Committee

At our March Membership meeting we established a Nominations Committee.  To get a copy of the form, click here.

Our Nominations Committee is currently accepting nominations for the following Union positions:

  • 1st Vice President (2 year term)
  • Chief Shop Steward (2 year term)
  • Recording Secretary (2 year term)
  • Trustee (3 year term)
  • Sergeant at Arms (1 year)
  • Parliamentarian (1 year)
  • Education Committee Chair (1 year)
  • Social Committee Chair (1 year)
  • Pension Committee (1 year) – 3 positions
  •  Occupational Health and Safety Committee Members
    • Committee Chair
    • Branches
      • Albert
      • Connaught
      • George Bothwell
      • Glen Elm
      • Prince of Wales
      • Regent Place
      • Sherwood Village
      • Sunrise
    • Central
      • Cataloguing & Processing & Collections
      • Circulation, Paging, Interlibrary Loan, Outreach
      • Dunlop
      • Children’s
      • Finance (Accounting & Payroll)
      • Reference and Literacy
    • Maintenance

If you are interested in nominating one of our members, please contact Alice F.  Any nominations not submitted to Alice may be made from the floor at our April Membership Meeting.

An Election Committee will be appointed at our next Membership Meeting on April 28 starting at 7:00 located at Prince of Wales Library. Elections will take place at our May Membership Meeting.

Notice of Motion

A Notice of Motion was moved at the February Membership meeting.  The motion is as follows:

That Section 4 of the CUPE Local 1594 Bylaws be amended at the March 31, 2014 General Membership Meeting as follows:

SECTION 4 – MEMBERSHIP MEETINGS (Regular and Special)

(c) A quorum for the transaction of business at any regular or special meeting shall be 10% of the twelve (12) members, including at least three (3) members of the Union Executive.

Debate on the motion will take place at the March 31 Membership meeting.