Sexual Assault News Story

This past week, a group of very strong and very brave women publicly shared their experiences of having been sexually assaulted by an RCMP doctor. This has no doubt been an exhausting and horrendous ordeal for them to live with for multiple decades and to now re-live again.

CUPE Local 104 would like to remind our members that there are supports available to you, including from your Union. You have rights and a voice as a union member, an employee, and as a Canadian Citizen. Sexual Assault, Sexual Harassment, and Harassment in any form are NOT acceptable. You are not alone. If you need support or assistance, please do not hesitate to reach out to us in confidence.

To those who have walked in our shoes before, we thank you for speaking out. We fully support you. Your strength is an inspiration and you are paving the way for change. It is up to all of us to act, offer support, and lead the change. We will not tolerate Sexual Assault or any form of Harassment.

The full article published by CBC can be found here: https://www.cbc.ca/news/investigates/they-covered-it-up-3-women-go-public-with-sexual-assault-allegations-against-former-rcmp-doctor-1.4983410

 

What is Harassment?

Harassment is a form of discrimination. It includes any unwanted physical or verbal behaviour that offends or humiliates you. Generally, harassment is a behaviour that persists over time. Serious one-time incidents can also sometimes be considered harassment.

Harassment occurs when someone:

  • makes unwelcome remarks or jokes about your race, religion, sex, age, disability or any other of the grounds of discrimination;
  • threatens or intimidates you because of your race, religion, sex, age, disability or any other of the grounds of discrimination;
  • makes unwelcome physical contact with you, such as touching, patting, or pinching.

From the Canadian Human Rights Commission – https://www.chrc-ccdp.gc.ca/eng/content/what-harassment-1

 

What is sexual harassment?

The Government of Canada through the Canada Labour Code defines sexual harassment as any conduct, comment, gesture, or contact of a sexual nature that is likely to cause offence or humiliation to any employee; or that might, on reasonable grounds, be perceived by that employee as placing a condition of a sexual nature on employment or on any opportunity for training or promotion.

Who is entitled to protection from sexual harassment?

Under the Canada Labour Code, every employee is entitled to employment free of sexual harassment.

What are the employer’s responsibilities for the prevention of sexual harassment?

Every employer is required to make every reasonable effort to ensure that no employee is subjected to sexual harassment. Every employer, after consulting with employees or their representatives, must issue a policy on sexual harassment. The policy must contain at least the following items:

  1. a definition of sexual harassment that is substantially the same as the one in the Code;
  2. a statement to the effect that every employee is entitled to employment free of sexual harassment;
  3. a statement to the effect that the employer will make every reasonable effort to ensure that no employee is subjected to sexual harassment;
  4. a statement to the effect that the employer will take disciplinary measures against any person under his or her direction who subjects any employee to sexual harassment;
  5. a statement explaining how complaints of sexual harassment may be brought to the attention of the employer;
  6. a statement to the effect that the employer will not disclose the name of the complainant or the circumstances related to the complaint to any person unless disclosure is necessary for the purposes of investigating the complaint or taking disciplinary measures in relation to the complaint;
  7. a statement informing employees of their right to make a complaint under the Canadian Human Rights Act.

How should employers inform employees about the sexual harassment policy?

Every employer shall post, and keep posted, copies of the sexual harassment policy where they are likely to be seen by employees.

From the Government of Canada – https://www.canada.ca/en/employment-social-development/services/labour-standards/reports/sexual-harassment.html

And Part III Division XV.1 of the Canada Labour Code – https://laws-lois.justice.gc.ca/eng/acts/L-2/page-46.html#h-100

Cannabis Policy

(version française à suivre)

We have been reviewing the media releases as well as the policy publications from other police services across the country. The RCMP’s targeted, 28-day abstinence policy is short-sighted and not based on fact. CUPE National’s legal and health & safety teams are currently reviewing the policy and all appendices.

We had been assured by RCMP Labour Relations that we would be consulted, engaged, and allowed the opportunity to provide input prior to the policy being published. Unfortunately, the policy was published last week with no forewarning and no such engagement.

Despite not being consulted, since the policy has been published, we have forwarded concerns to RCMP Labour Relations, National Occupational Health & Safety Board, and the RCMP National Policy Health & Safety Committee.

We will continue to demand meaningful consultation with the goal being a fair and wholistic policy addressing impairment in the workplace. Such a policy should address all forms of workplace impairment, be uniform in its approach to all employees, promote education, be non-confrontational, and show trust that employees will report to work fit-for-duty.

The CUPE National Health & Safety Branch published the following article and fact-sheet in August 2018 addressing impairment in the workplace:
https://cupe.ca/management-impairment-workplace .

2018 Election Notice of Nominations for CUPE Local 104

CUPE Local 104 is holding an election for the East Intercept Monitor Chairperson position.

Please refer to the approved Bylaws to view the Duties of the Officers and Terms of Office.

To run for this office, nominations must include:

  1. Name of the Candidate
  2. Position being sought
  3. Statement from the Candidate accepting the nomination
  4. Name of the Nominator

A scanned copy, with both the candidate and nominators signatures, will only be accepted via email at rcmp@cupe.ca

Nominations will be open from May 31, 2018, until 1300 hours (Eastern time) on June 7, 2018.

Elections will commence on June 14, 2018 and will close at 1300 hours (Eastern time) on June 21, 2018.

Local 104 chairperson vote

Voting will open by electronic ballot at 1300 hours Eastern time on June 8, 2018. Voting will remain open until 1300 hours Eastern time on June 14, 2018.

Simply Voting Inc. has been hired as the independent third-party election provider. You are responsible for conducting your vote prior to the official end date and time to be officially tallied.

2018 Election Notice of Nominations for CUPE Local 104

CUPE Local 104 is holding elections for all Executive Board positions.

The following will be elected from either Intercept Monitor or Telecom Operator positions in any Region:

President Term until January 2021
Vice President Term until January 2020
Secretary Treasurer Term until January 2020
Recording Secretary Term until January 2021

The following will be elected from the Eastern Region and will consist of one (1) Intercept Monitor and one (1) Telecom Operator working in the Region:

Eastern Region Intercept Monitor Chairperson Term until January 2021
Eastern Region Telecom Operator Chairperson Term until January 2021

The following will be elected from the Central Region and will consist of one (1) Intercept Monitor and one (1) Telecom Operator working in the region:

Central Region Intercept Monitor Chairperson Term until January 2021
Central Region Telecom Operator Chairperson Term until January 2021

The following will be elected from the Western Region and will consist of one (1) Intercept Monitor and one (1) Telecom Operator working in the region:

Western Region Intercept Monitor Chairperson Term until January 2021
Western Region Telecom Operator Chairperson Term until January 2021

Please refer to the approved Bylaws to view the Duties of the Officers and Terms of Office.

To run for any of these offices, nominations will include:

  1. Name of the Candidate
  2. Position being sought
  3. Statement from the Candidate accepting the nomination
  4. Name of the Nominator

A scanned copy, with both the candidate’s and nominator’s signatures, will only be accepted via email at rcmp@cupe.ca

Nominations will be open from May 15, 2018, until May 20, 2018 at 12:00 Noon (Eastern time).

Elections will commence on May 22, 2018 and will close on May 28, 2018 at 12:00 Noon (Eastern time).

Bylaws overwhelmingly approved

Dear telecom operators and intercept monitor analysts,

The results of the electronic vote are now known and you have approved the bylaws by a huge margin: 80.1 percent of members who cast their ballot voted in favor of the bylaws.

The bylaws have already been sent to CUPE’s National President Mark Hancock for final approval.

Voting on bylaws now underway

Dear telecom operators and intercept monitor analysts,

Voting on the proposed bylaws is now underway by way of electronic ballot. The voting period will end May 10, 2018.

Please find a copy of the proposed bylaws being voted on here.

Should you have any issue with the online voting process, please send an email to rcmp@cupe.ca or call 613-237-0115.

Bylaws presentation: membership meetings on April 23 and 25

Dear telecom operators and intercept monitor analysts,

Membership meetings will be held on April 23 at 1 PM and April 25, 2018 at 6 PM (Eastern time) to present the bylaws to the membership. To consult the agenda or to find the address of the meeting in your area, please consult the attached PDFs.

Bylaws dictate how our local is set up, who makes up the executive committee and the bargaining committee, and what our dues will be.

At these meetings we hope to receive feedback on the bylaws prepared by the interim committee and answer any questions you may have regarding the bylaws, or how being part of a union works in general. Based on the feedback we will amend the bylaws if need be and then they will be ready to be voted on.

Bylaw vote

The amended bylaws will be disseminated electronically, and the vote will also be electronic. It will be held from May 3 to May 10, 2018 to accommodate shift workers. More details on the vote will be released at a later date.

Please click here to send us your personal email address, so we can keep you informed of the next steps.

The next steps

Dear telecom operators and intercept monitor analysts,

Now that the vote is over and CUPE has been certified as our bargaining agent, many of you are probably wondering, “what happens next?” Our work is far from over! The interim committee has been working on the next steps and we want to make sure you are involved every step of the way. Please click here to send us your personal email address, so we can keep you informed of the upcoming meetings and votes.

These are the next steps we need to take to get to the bargaining table:

Bylaws

Bylaws dictate how our local is set up, who makes up the executive committee and the bargaining committee, and what dues will be. The interim committee has been working on a draft version since last summer and is in the final stages of finishing the draft. The bylaws will then need to be voted on by you, the membership.

But before you have a chance to provide feedback and vote on the bylaws, you should know that many sections of our bylaws will be taken from CUPE National’s Constitution, and as such are non-negotiable. To find out what these sections refer to, please consult this highlighted version of CUPE National’s Constitution.

Membership meetings

Membership meetings will be held on April 23 at 1 PM and April 25, 2018 at 6 PM (Eastern time) to present the bylaws to the membership. At these meetings we hope to receive feedback on the bylaws and answer any questions you may have regarding the bylaws or how being part of a union works in general. Based on the feedback we will amend the bylaws if need be and then they will be ready to be voted on.

Bylaw vote

The bylaws will be disseminated electronically, and the vote will also be electronic. It will be held from May 3 to May 10, 2018 to accommodate shift workers. More details on the vote will be released at a later date.

Elections

Once the bylaws are set we can then run the elections for the executive and the bargaining committee. These are the people who will be responsible for representing our interests. The positions that exist and who makes up the positions (i.e. IMs and/or TOs) are contained within the bylaws which is why we need to vote on the bylaws first. If anyone has any interest in being a union representative, now is the time to start thinking about running!

Bargaining committee and training

Once the elections are complete, CUPE will send our representatives for training and then give notice that they would like to bargain with the Treasury Board. At that point, a new freeze on terms and conditions begins and will be in place until a collective agreement is reached.

Under the Public Service Labour Relations Act, the statutory freeze on terms and conditions that has been in place since December 2016 when CUPE applied to represent us is lifted 30 days after certification. Our date of certification was March 12, 2018, so as of April 11 the freeze will be lifted, and the employer will be able to make changes to our working terms and conditions. However, the employer is expected to honour the spirit of collective bargaining and act in good faith, so they shouldn’t be making drastic changes. If you note any changes to your working conditions, please advise your local interim committee member or your CUPE rep. They will determine if a complaint should be filed with the labour board for the employer acting in bad faith. The freeze will remain lifted until CUPE serves notice to bargain and then another freeze will start.

We’re very excited to be Local 104 and have control of our own future! This is just the beginning of our journey and united, there’s no limit to what we can do! The timelines below will help you keep track of the progress we already accomplished and the next steps ahead.

The CUPE Interim Committee


THE TIMELINES

Phase 1: Board process

  • CUPE files applications with the Board: First statutory freeze begins
    • LES TO: December 9, 2016 (application number 542-02-8)
    • PO TCO: January 19, 2017 (application number 542-02-9)
    • LES IM/PO IMA: March 28, 2017 (application number 542-02-11)
  • Board sets dates for interested parties to apply for intervenor status
    • LES TO: January 30, 2017
    • PO TCO: February 28, 2017
    • LES IM/PO IMA: May 5, 2017
  • Employer presents proposals for the size of the bargaining units
    • All groups: Treasury Board wants LES TO, PO TCO, LES IM and PO IMA to be part of the same bargaining unit
    • LES IM/PO IMA: Treasury Board wants to exclude managerial positions (withdrawn)
  • Board responds to intervenor status requests
    • LES TO: Granted to USGE/PSAC, and
    • PIPSC PO TCO: Granted to PSAC
    • LES IM/PO IMA: Granted to PSAC
  • Board sets hearing date and terms regarding the composition of the bargaining unit and other issues
    • LES TO: June 26 to June 30, 2017
    • PO TCO: September 18-19, 2017
    • LES IM/PO IMA: No date set
    • (Board determined to merge all applications during June hearings)
  • CUPE nominates interim coordination committee
    • All groups: May 4, 2017
  • Board holds hearing
    • LES TO: June 26-30, 2017
  • Board renders their decision on the composition of the bargaining unit and other issues
    • All Groups: October 19, 2017
  • Single Bargaining Unit imposed.
  • Board sets voting date and terms
  • Voting Terms: October 25, 2017
  • Voting Dates: January 22 – February 4, 2018
  • Members vote yes to CUPE- Certification is granted by the Board and first statutory freeze ends 30 days later
  • Local 104 Certification granted by the Board: March 12, 2018
  • Statutory Freeze ends: April 11, 2018

Phase 2: Setting up your local

  • First Regular membership meeting (bylaws presentation): April 23, 2018 at 1 PM and April 25, 2018 at 6 PM (Eastern time)
  • Electronic vote on the bylaws: May 3 to May 10, 2018 to accommodate shift workers
  • Second Regular membership meeting (elections for executive committee)
  • Held before mid-May 2018 (within 20 days of First General Membership Meeting)

Phase 3: Bargaining process

  • Bargaining survey disseminated: TBD
  • Membership consultation completed: TBD
  • Bargaining proposals drafted and presented at Regular membership meeting: TBD
  • Labor Minister determines the list of essential services: No later than May 11, 2018
  • CUPE serves notice to bargain: May 11, 2018
  • Second statutory freeze begins: No later than May 11, 2018
  • Bargaining begins: TBD
  • Tentative deal is reached: TBD
  • Ratification votes: TBD
  • Collective agreement takes effect: TBD