YOUR CUPECOLLECTIVE AGREEMENT

& Personnel Policies

City of Nanaimo

Agenda

History of Unionism in Canada

Structure of the Collective Agreement

Personnel Policies

History

Medieval Guilds and the Industrial Revolution 1869 - 1910 Knights of Labour

– 1875 - Que., Ont.. & N.S.– crafts and mixed locals

1886 - 1956 Trades & Labour Congress (TLC)– influenced by American Federation of Labour

1908-1927 Canadian Federation of Labour (CFL)– wanted more Canadian control

History

1919 - 1956 One Big Union (OBU)– mainly Western Canada– dissatisfaction with TLC– opposed to craft unions– became part of the CLC in 1956

1927 -1940 All-Canadian Congress of Labour (ACCL)– wanted industrial non-conservative non-

American unions

History

1940 - 1956 Canadian Congress of Labour (CCL)– wanted to unionise unskilled labour– active in politics– organised mass production workers

1945 Nanaimo Civic Employees Association - Local 14

1956 Canadian Labour Congress (CLC)– merger TLC & CCL - supports NDP– code of ethics

History

1982 Canadian Federation of Labour (CFL)

– formed by construction unions

– closer ties with gov’t than CLC

– non partisan political stance

AFL-CIO

U.S. Headquarters

Canadian Branchesof International Unions

Provincial Federations of Labour National Unions

AFL-CIO Trade Department

Regional Offices Regional Offices

Local Trade Port Councils

Other Intermediary Bodies

Local Labour Councils

Other Intemediary Bodies

CanadianLabour Congress

The Collective Agreement

Labour Statutes– Labour Relations Code– Employment Standards Act– Human Rights Code– WCB Act

The Collective Agreement is the legal document

Purpose

Research Exercise

Practical Exercise using the Current CUPE Collective Agreement.

Structure of the Collective Agreement

General Information

Preamble

– Expression of intent regarding the purpose of the Collective Agreement

Definition of Employee Status and Benefit Entitlement

Management Rights

Obligations

Recognition, Union Security and other Union Protection:

Membership Labour Management and Bargaining

Committees Reports and recommendations

Grievance Procedure

Article 12 - Steps

Article 14 - Discipline

Seniority and Related Rights and Benefits

Article 15 Seniority

Promotion and Staff Changes

Job Postings Acting Pay Trial Period Alternate Employment Temporary Vacancies

Layoffs and Recalls

Maintain seniority

Recall to vacancy if qualified

30 days notice

Hours of Work and Overtime

Article 18 - Hours of work

Article 19 - Overtime

Article 20 - Shift work

Holidays and Vacations

Articles 21 and 22 address these matters. The typical difficulties arise with respect to the interpretation of when employees may be deprived of a particular statutory holiday.

Vacation

Sick Leave Provisions

Sick Leave

Sick Leave Bank

Attendance Awareness and Reintegration of Injured Workers

Other Leaves

Union Business Bereavement Family Illness Jury Duty General Leave Promotion to Management Maternity and Parental

Payment of Various Allowances, Premiums and Wages

Call-out Meal Allowance Lead Hand Substitution Pay Standby Allowance Tool Allowance Footwear Allowance Snow Plowing Allowance

Sexual Harassment

Employees are entitled to work without being subjected to sexual harassment

The consequences of such of provision being in the Collective Agreement are that employees are not limited to filing only a complaint pursuant to the Human Rights Code. They are also entitled to pursue remedies through arbitration.

Job Classification and Reclassification

Supervisors need to be aware of one provision, namely, Article 27(c) job content changes for jobs not covered by JJEC.

Joint Job Evaluation Committee

Employee Benefits

Pension Medical Insurance Group Life Insurance Compensable Injury (WCB) Employee Assistance Plan

(EFAP)

Safety and Health

The Collective Agreement provides for a variety of rights in respect of health and safety issues including certain premiums for safety clothing, shared information about accidents, incidents and other occurrences. It also provides for inclusion of part of the OH&S Regulation on right to refuse unsafe work.

Contracting Out

Restrictions

Wages as classified

Employee Classifications

Lists are appended to C/A

Letters of Understanding

Appended to C/A Joint JE maintenance procedures Contracting out Hours of work - RCMP switchboard Shift work - RCMP Beban Merger Temporary and seasonal assignments

Letters of Understanding

Bicycle patrol Statutory Holidays - Parks Shift Premium - Caretakers Reintegration of injured workers Hours of work - RCMP Contracting out issues Aquatic facility

PERSONNEL POLICY AND PROCEDURE MANUAL

Overview

Why?

What?

Who?

Types of Policies

Financial and Administrative

Employment

Why?

To set clear organisational standards

To support good Employee relations

To reduce or avoid litigation

Requirements

Ensure Employees are aware of Policies

Language clear that policies are intended to have contractual force

Meaning is clear Reasonable Consistently followed

Policies and Collective Agreements

Collective Agreement takes precedence but only applies to Employees covered by C/A

May further clarify intent and practice Provides management and employees

with rules and procedures for working out routine situations in an orderly and consistent manner

Legal Requirements

In writing

Non discriminatory

Meet minimum Employment Standards

Need

In anticipation of problem

As a result of a problem

Business need

Legal requirement

Distribution

Departments

Available to all Managers for guidance

Available to Employees for reference

Maintenance

Living document

Routine amendments

Research Questions

SECTION 1 POLICY MANUAL

Authority and Distribution of Policy Manual 1.1

Establishing New or Revised Policy1.2

Supplements to the Policy Manual1.3

SECTION 2 RECRUITMENT AND SELECTION

Vacancies 2.1 Recruitment - General 2.2 Recruitment - Delegated Responsibilities

2.3 Interview Boards 2.4 Interview Expenses 2.5 Hiring Procedures - R.C.M.P. Support Staff

2.6

SECTION 2 RECRUITMENT AND SELECTION

Policy Deleted 2.7 References 2.8 Notification of Applicants 2.9 Moving Expenses - New Employees

2.10 New Employee Orientation 2.11 Oath of Office/Oath of Allegiance 2.12

SECTION 2 RECRUITMENT AND SELECTION

Probationary Period 2.13 Medical Examinations 2.14

SECTION 3 Demotion Layoff Discharge Retirement

Demotions 3.1 Layoffs 3.2 Employee Benefits on Layoff 3.3 Dismissal - Termination 3.4 Retirement 3.5 Employee Benefits Upon Retirement

3.5.1 Exit Interviews 3.6

SECTION 3 DEMOTION LAYOFF etc

Working Past Retirement Age 3.7 Benefits upon Promotion to

Management/Excluded Positions 3.8 Extended Absences 3.9

SECTION 4 STANDARDS OF CONDUCT

Standards of Conduct 4.1 Conflict of Interest 4.1 Discrimination 4.2 Uniform/Dress Policy 4.3 No Smoking Regulation 4.4 Celebration During Working Hours

4.5

SECTION 4 STANDARDS OF CONDUCT

Social Committee 4.6 Substance Abuse 4.7 Workplace Harassment 4.9 Workplace Harassment Procedures

4.9.1 Rest Periods and Use of Coffee Shops

4.10 Departmental Reporting in Procedures

4.11

SECTION 4 STANDARDS OF CONDUCT

Use of City Vehicles 4.12 Vehicle Allowance - Management

4.12.1 Driving Abstracts 4.12.2 Employee Liability Indemnification

4.13 Email, Internet & Computer Use

4.14

SECTION 5EMPLOYEE DEVELOPMENT

Employee Personnel File and the Release of Information 5.1

Job Descriptions 5.2 Job Classification & Reclassification

5.3 Job Classification & Reclassification

Procedure 5.3.1 Employee Performance Appraisals 5.4

SECTION 5EMPLOYEE DEVELOPMENT

Employee Planning & Development (Excluded) 5.4

Training and Development 5.5 Association Fees 5.6 Council Presentations to Employees

5.7 Recognition on Retirement - Paid-on-

Call Firefighters 5.7.1

SECTION 5EMPLOYEE DEVELOPMENT

Employee Assistance Program 5.8

Discipline 5.9

Grievance/Complaint Procedure 5.10

SECTION 6WAGE/SALARY ADMINISTRATION

Payroll Administration/Inquiries 6.1 Pay Period Payroll Cheques 6.2 Early Pay Cheque Availability 6.3 Vacation Pay Advances 6.4 Emergency or Salary Advances 6.5 Overtime 6.6

SECTION 6WAGE/SALARY ADMINISTRATION

Management Overtime 6.6.1 Travel Authorisation/Expenditures 6.7 Acting Pay 6.8 Substitution Pay 6.9 Graduated Wage Scale 6.10 Snow Plowing Allowance 6.11

SECTION 7 VACATIONS/LEAVE

Annual Vacations CUPE & IAFF 7.1 Annual Vacations - Management 7.2 Statutory Holidays 7.3 Sick Leave 7.4 Family Illness 7.4

SECTION 7 VACATIONS/LEAVE

Sick Leave Bank 7.5 Bereavement/Compassionate Leave

with Pay 7.6 Leave of Absence without Pay

General 7.7 Maternity Leave & Parental Leave7.8 Jury/Court Witness Duty 7.9

SECTION 7 VACATIONS/LEAVE

Deleted 7.10 Attendance Awareness 7.11 Reintegration and Return to Work

7.12

SECTION 8HEALTH AND SAFETY

Health and Safety Policy 8.1 Occupational Health and Safety

Committee Policy 8.2 Safety - Workplace Hazardous Material

Information System 8.3 Workers' Compensation 8.4 Injury/Accident Reports - Workers'

Compensation Board 8.5

SECTION 8HEALTH AND SAFETY

Acquired Immune Deficiency Syndrome (AIDS) 8.6

Premium Pay for First Aid Attendants8.7

Prevention of Workplace Violence Program 8.8

Safety Footwear 8.9 Blood Borne Pathogens 8.10

Questions

?

Thank You !The HR Management Group