Tentative Agreement Ratified

2023-06-15

 

Congratulations! You have voted and the results are in.

CUPE 104 has ratified our very first collective agreement!

 

Thank you very much to everyone who took the time to attend the town hall presentations and who voted on this historic agreement.

The next step is for Treasury Board to complete their approval process and then we will sign the agreement. It will come into effect on the date of signing.

We will keep you updated! Keep watching for our emails.

 

In Solidarity,

Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.

Executive e-mail addresses: https://104.cupe.ca/contacts/
Main page: https://104.cupe.ca/
Membership Form: https://104.cupe.ca/membership/

 

The VOTE on the Tentative Agreement has now started.

2023-06-13

 

The VOTE on the Tentative Agreement has now started.

Voting is open until June 14th 2023 at 23:59 EDT.

 

Active members should have received an email with YOUR VOTING INFORMATION. If you haven’t, please contact us at Secretary@cupe104.ca

The vote is only one question and will only take a moment of your time, so please vote now. Your CUPE 104 executive is unanimously recommending that you vote YES to ratify this Tentative Agreement. Every vote is important.

 

In Solidarity,

Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.

Executive e-mail addresses: https://104.cupe.ca/contacts/
Main page: https://104.cupe.ca/
Membership Form: https://104.cupe.ca/membership/

 

Tentative Agreement L104 book of documents

2023-04-24

 

Hello everyone,

As promised, here is the Tentative Agreement L104 book of documents (the full tentative agreement).

However, we are waiting on some French articles that we are currently working with TBS to translate. They will be made available ASAP.

We are looking forward to seeing you at the Town Halls.

 

In Solidarity,

Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.

Executive e-mail addresses: https://104.cupe.ca/contacts/
Main page: https://104.cupe.ca/
Membership Form: https://104.cupe.ca/membership/

 

Tentative Agreement – Summary

2023-05-23

We have completed a summary document of the Tentative Agreement. This document is meant to generally outline the terms and conditions contained in the tentative agreement. The intent is for it to be easier to read and more to-the-point then the full text of the tentative agreement. The full tentative agreement book of documents will be available soon.

Please note that due to time constraints, the summary document is available in English only.

You can download the summary document here: TA-SUMMARY

Tentative Agreement Town Halls

2023-05-20

 

It has been a busy couple of weeks working on a full version of the draft tentative agreement to share and planning the town halls. The full text version of the tentative agreement is almost ready, there are just some translations being finalized. It will be ready in time for the first town hall this coming week. In the meantime, we’re working on a more comprehensive highlights document to send out. We hope to have this done this weekend.

 

After the town halls, it will be time for the ratification vote. This is when you get to vote on the ratification of the tentative agreement. The vote will take place electronically so now is the time to make sure we have your email. If you received this message directly from us, we have your email. If someone forwarded you this email, you need to go to our website and sign up – https://104.cupe.ca/contact-us/membership/ . The ratification vote will be approximately June 13-15 and will only be open for a day or two. We will update you with the exact dates and times in a separate email bulletin.

 

The full town hall schedule was sent by email to members earlier today. Please check your personal email and spam folders.  We are trying to visit as many locations as possible in a very short period. It is extremely important to attend an in-person town hall so we can have face-to-face, open discussions about the tentative agreement. This is your opportunity to talk to the people who were at the bargaining table, negotiating this agreement firsthand, so that you have all the information to make an informed vote.

 

Unfortunately, due to the travel time and logistics, it is not possible for us to visit every site in person in time for the ratification vote. If we are not able to make it to your city for an in-person town hall, please sign up for one of the virtual town halls. The virtual town halls are meant specifically for those members who we are unable to see in person. This is so that we can keep the virtual town halls to a smaller size and provide the same opportunity at a virtual “face-to-face” gathering to those who we are not able to visit in person. Registration links for the virtual sessions will be sent out in a few days.

 

We’re looking forward to seeing you all soon!

 

In Solidarity,

Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.

Executive e-mail addresses: https://104.cupe.ca/contacts/
Main page: https://104.cupe.ca/
Membership Form: https://104.cupe.ca/membership/

 

Tentative Agreement Info

2023-05-06

 

Thank you for your support, solidarity, and unity. It was clear that we were at the table representing you, with all of you behind us. It has taken a long time and a lot of hard work for us to get to this point and we are proud of where we are today. We unanimously support this tentative agreement, and we unanimously recommend you ratify it.

 

It’s fair to say that we did not get everything we wanted; however, we truly believe that this historic, first collective agreement provides a solid starting point to improve our overall working conditions. It gets us to a place where we can breathe again and includes commitments from us and the employer to continue working collaboratively to improve our workplaces throughout the life of this agreement and future rounds of negotiations. We firmly believe that this is the best we can achieve this round and there was absolutely nothing left on the table by either side.

 

We recognize there are going to be more questions than answers right now. If you have general questions about the agreement, please send them to ta@cupe104.ca . Rather than responding to individual questions, we will use them to inform question and answer communications and our presentations at town halls. We need to focus on planning these communications and town halls to make sure we can ratify this agreement quickly.

 

There are very tight deadlines to get this agreement signed off and ensure it can be implemented with the necessary TB approvals before the House of Commons rises for the summer. You will receive a copy of the full tentative agreement as soon as it is ready, this is already in progress, and we will email and post all communications and Q&As on our website. Please remember that we are the only authoritative source for information on this tentative agreement and we will not be weighing in or answering specific questions on social media.

 

The retroactive payments due as a result of the 2.3% decision are included in the retroactive payments due as a result of signing this collective agreement. This is required in order to reduce the timeline needed to implement the pay provisions of this collective agreement. Retroactive payments where there is no manual intervention required will be paid within 180 days of signing the collective agreement. The employer is confident they will meet this deadline and we negotiated a recourse provision to ensure they do.

 

HIGHLIGHTS

Nine (9) year agreement expiring on December 31, 2025.

  • April 1, 2016                      2.3%
  • January 1, 2017                2.25% (1.25% + 1%)
  • January 1, 2018                1.25%
  • January 1, 2019                2.8%
  • January 1, 2020                2.2%
  • January 1, 2021                1.5%
  • January 1, 2022                1.5%
  • January 1, 2023                4.75% (3.5% + 1.25%)
  • October 5, 2023                4% (restructure, extra step)
  • January 1, 2024                3.5% (3% + 0.5%)
  • January 1, 2025                2.25% (2% + 0.25%)

 

  • Approximately $40k in retroactive salary payments for members who were at the max pay level throughout.
  • 32.26% compounding wage increases through 2025.
  • A one-time, lump-sum payment of $2,500 to active members on the date of signing this collective agreement.
  • Top salary for level 02, max step will be $83k on October 5, 2023.
  • Top salary for level 03, max step will be $90k on October 5, 2023.
  • Most terms and conditions are harmonized between PSE and CM members including various leaves with and without pay.
  • 37.5 hour work weeks for all members.
  • Overtime rate of 1.75 for all variable shift workers.
  • Shift premium and weekend premium for all members, including overtime hours.
  • Language allowance of $3 per hour for all IMA members while translating, transcribing, or reviewing in a language other than French or English.
  • Sick leave, injury on duty leave, and disability management will remain status quo due to legislative, regulatory, and insurance implications.

 

Annual service pay, that was only applicable to our CM members, will be replaced with a new maximum salary step (+4%) for all members. This includes a service pay elimination differential to ensure no member will make less when annual service pay ends.

 

Accrual of vacation leave and personal leave for all members will follow the timelines currently applicable to our PSE members. All members will be entitled to 15 hours of personal leave every year. All members will transition to maximum carry-over of 262.5 hours. We negotiated the following transition measures for CMs to ensure there are no losses during the conversion.

  • One time, 40 hour allotment of vacation leave that is not subject to carryover limits.
  • One time, 37.5 hour entitlement after 2 years of service (PSE have received this already).
  • Current entitlement to vacation leave credits will be maintained until the next threshold on the collective agreement.
  • No prorated conversion of existing vacation leave credits as a result of the shift to a 37.5 hour work week.

 

We were able to maintain some RCMP specific entitlements for our CM members:

  • Relocation on retirement
  • Funeral and burial
  • Work force adjustment
  • Fitness / physical activity

 

We negotiated an independent, industry specific compensation study for our groups. This has already begun, and the results are anticipated later this year. This includes a commitment from both parties to collaborate on recruitment and retention issues and assess any additional steps that could be taken to help recruitment and retention.

 

 

NEXT STEPS

We are preparing the complete document that will contain all articles in the tentative agreement. As soon as it is complete, we will share it with all members.

We are also planning a series of in-person and virtual town halls in the coming weeks to discuss the tentative agreement and answer questions. The vote for all members to ratify the tentative agreement will be held in the first part of June.

Again, we recognize there are going to be more questions than answers right now. If you have general questions about the tentative agreement, please send them to ta@cupe104.ca . We are working hard on Q&A documents and the full tentative agreement and we will share them as they are completed.

 

 

In Solidarity,

Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.

Executive e-mail addresses: https://104.cupe.ca/contacts/
Main page: https://104.cupe.ca/
Membership Form: https://104.cupe.ca/membership/

Tentative Agreement

2023-05-05

 

We are pleased to announce that we just reached a tentative agreement with the employer.

We have a lot of work to get done in the coming few days so that we can share all the details with you.

Please give us a few days to rest and recover and prepare a proper communication to share the details with you.

We will not be able to respond to individual messages about the tentative agreement until we send out the details so please stand by.

 

In Solidarity,

Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.

Executive e-mail addresses: https://104.cupe.ca/contacts/
Main page: https://104.cupe.ca/
Membership Form: https://104.cupe.ca/membership/

 

Solidarity With PSAC

2023-04-18

As you may know, our colleagues at the Public Service Alliance of Canada (PSAC) have announced that their members at the Canada Revenue Agency and Treasury Board voted overwhelmingly in favour of striking in their fight for a better deal.

As Union members ourselves, we must support them as we are stronger together. Their job actions will have an impact on our continuing fight for our first collective agreement. We must stand in solidarity with the PSAC in this fight for a better deal.

If you encounter a picket line at your workplace, remember that these workers are our colleagues and they have exhausted all other options in bargaining to reach a fair deal with the employer. Since we are not on strike, you will have to continue to report for work. If you are unable access your workplace or feel unsafe doing so, you must contact your manager and they will arrange to escort you into the workplace. You may also show your support by joining a picket line before or after shift or on your days off.

There should be no additional duties placed on any of our members due to this, or any, job action. The employer has an essential services agreement with the PSAC so their members in essential positions will continue to take care of the essential work. The non-essential work will have to wait until the employer and the PSAC reach a deal.

If your manager asks you to do any additional work that would normally be done by an employee who is a member of the PSAC, respectfully refuse. We are not the contingency plan for the employer, and we will not be a part of lessening the important impact of their job action. If you are ordered to do work that would normally be done by an employee who is on strike you should do the work and make note of the date, time, manager’s name who issued the order, a description of the work and report it to your Regional Chairperson as soon as possible for action.

If you have questions about how the PSAC job action may impact your workplace, please speak to your manager.

 

In Solidarity,

Your CUPE 104 Executive
Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.

Executive e-mail addresses: https://104.cupe.ca/contacts/
Main page: https://104.cupe.ca/
Membership Form: https://104.cupe.ca/membership/

 

National Public Safety Telecommunicator’s Week

 

2023-04-09

 

National Public Safety Telecommunicator’s Week

April 9-15 2023 marks National Public Safety Telecommunicator’s Week. We are honoured to be a part of such an esteemed group of people. We hear stories every day from our coworkers and colleagues about all the amazing things our people do and almost always with fewer resources than necessary and under what feels like insurmountable circumstances.

While it’s great that there is a week set aside each year to recognize the critical impacts you make to police and public safety, the “recognition” we receive from the RCMP and TB is nothing but lip service. It does not save our members from burnout due to short staffing and repeated exposure to trauma. It does not give our members the resources required to provide adequate service to the public or the police officers we work with.

We are overworked, undervalued, and underpaid. We need action.

In our recent survey, 96% of you reported that the employer is not doing enough to retain workers and 84% said that your current workload is unsustainable. We are experiencing critical staffing shortages in all our operations, and we are still being paid at 2016 rates. There is just no way that’s going to help recruit and retain skilled workers. The employer clearly does not value our important, life-saving contributions.

While we continue to fight for a fair deal at the bargaining table, we need all of you to help us. We need the employer to see all 1,100 of us at the bargaining table and not just the 10 of us. “The Union” is all 1,100 of us and our collective power comes from our ability to stick together and show solidarity. We do this by showing up to work in solidarity. By showing off how proud we are of our professions and by reminding the employer that we stand together to get what we need to do our jobs.

To show your support and solidarity in the workplace, we have created posters that can be displayed at your workstation or wherever you are allowed to display personal items. Tape it to the front or your notebook, on your locker, etc. You can download them here https://104.cupe.ca/wp-content/blogs.dir/820/2023/04/CUPE104_Office_poster_March_2023.pdf to print off at home or talk to your local Steward or Regional Chairperson to obtain printed copies. Everyone displaying these posters shows our unity and anyone who walks into your workplace will see these posters and start asking questions.

 

LINK TO POSTER

 

We are working on more public releases, social media posts, and media attention. We also have buttons and t-shirts in the works. These items are the tools that you can wear to show your solidarity and commitment to getting a fair deal. When you see the posts, please share them. When asked to wear buttons or shirts, please wear them.

There is a lot more we are doing in preparation for our next bargaining session but, as we have said before, it’s not in anyone’s best interest for us to post publicly about our negotiating strategies. Please remember that everything posted online is seen by the employer and they use it to try and get the cheapest deal. You wouldn’t tell the salesperson what your highest price is so don’t tell the employer what your lowest price is either.

It’s very important that we all remain united and show solidarity. Our power comes from our ability to band together and support each other. We have shown this before when we formed our own union, when we stopped deeming (twice!), and most recently, when we won our 2.3% unfair labour practice complaint and proved that the employer punished and discriminated against us for unionizing.

Please continue to send any questions or concerns directly to your local Steward or Regional Chairperson. This is the best way to get accurate information directly from the source.

 

 

In Solidarity,

Your CUPE 104 Executive

Kathleen, Robbin, Myles, Robb, Cyrus, Marc-Étienne, Alex, Brandon, Randy and Ron.

 

Executive e-mail addresses: https://104.cupe.ca/contacts/

Main page: https://104.cupe.ca/

Membership Form: https://104.cupe.ca/membership/

Update: 2.3% Decision, Mediation

2023-03-31

Mediation

We have now confirmed mediation dates with the Employer on May 3-4. Obviously, this week’s decision from the Federal Public Sector Labour Relations and Employment Board (FPSLREB) will have impacts on our current negotiations and we are looking forward to discussing this at the bargaining table with the employer.

 

FPSLREB Decision on 2.3% Market Adjustment

On Monday, March 27, the FPSLREB provided us with their decision on our unfair labour practice complaint against the Treasury Board (TB) about them withholding the 2.3% market adjustment from us in 2016. The FPSLREB determined that the TB committed an unfair labour practice by withholding pay increases and the 2.3% market adjustment because we were in the process of unionizing with CUPE. The FPSLREB also found that the decision not to pay the expected pay increases and market adjustment was a violation of the statutory freeze.

The FPSLREB ordered the TB to pay the 2.3% market adjustment effective April 1, 2016 to all of our members within 90 days (TOs, IMAs, PSEs, and CMs).

There is a link to the full decision below.

Highlights from the decision

The PO group is pay matched to the LES group, not the other way around.

[130] There is no question that the classification exercise took place, but I disagree that the pay-matching of the LES-TO and LES-IM subgroups to the new PO-TCO and PO-IMA positions automatically resulted. In fact, if anything, the reverse is true. The (new) PO groups’ pay was deliberately matched to the (existing) LES groups’ pay, not the other way around.

[170] The Board also orders the payment of the pay raise announced on April 5, 2017, to all employees of the bargaining unit. The LES subgroups should have received the pay raise announced on April 5, 2017, because the rates of pay of the LES subgroups remained benchmarked to 79% of the pay of a senior constable. Similarly, the rates of pay for the PO group have been pay-matched to the pay of the LES groups since 2014. This complaint arose in the context of an application for certification by CUPE to represent both groups, and it now represents a bargaining unit composed of those groups. As such, the PO groups should also benefit from the pay raise announced on April 5, 2017.

 

Treasury Board engaged in unfair labour practices.

[164] Had the CHRO testified, he might have been able to explain himself, but he did not, and I find no other way to interpret his message: the pay raise was being withheld because of CUPE’s certification application. I cannot, as the respondent urged, attribute this to unfortunate timing. This was retribution against the civilian members because they were participating in the formation of an employee organization.

[165] Therefore, the respondent did not discharge its burden of proving that an unfair labour practice did not occur. I find that it committed an unfair labour practice when it withheld the pay raise announced on April 5, 2017, from the LES subgroups.

[166] The effect of the CHRO’s explanation had a profoundly negative impact on the LES civilian members. As Ms. Hippern so bluntly testified, “The feeling was that we had screwed ourselves out of our pay raise by signing a union card.” The impact is important when determining the appropriate remedy.

 

Orders

[176] The respondent has committed an unfair labour practice and has failed to comply with s. 56 of the FPSLRA (duty to observe terms and conditions).

[177] The pay raises and market adjustments that the TB announced on April 5, 2017, shall be paid to the employees of the bargaining unit.

[178] The amount of this remedy is to be reduced by any amount that might already have been paid.

[179] These remedies are to be paid within 90 days of the receipt of this decision.

[180] The Board retains jurisdiction over the calculation of the amounts payable pursuant to the above orders. If the parties are unable to agree on the quantum of the remedy, the parties shall, within 90 days of the receipt of this decision, notify the Board in writing that the assistance of the Board is required to resolve the issue.



Frequently Asked Questions

This decision is very new. We are still actively digesting the decision and all of the potential ramifications that will come from it. We do not have all the answers yet. In the meantime, here are a few of the frequently asked questions we have received from you.

Please continue to send any questions or concerns directly to your local Steward or Regional Chairperson. While we may not have all the answers just yet, we will work to get them as quickly as possible. This is the best way to get accurate information directly from the source.

 

What does the decision mean?

We should have received the 2.3% market adjustment effective April 1, 2016. As retribution for unionizing, TB denied our members this raise. The remedy, as set out in the order, is to correct that error. The corrected salary will result in back pay from April 1, 2016 up until your current rate of pay is updated by the employer to reflect this corrected salary. This back pay will include base pay, overtime, and service pay.

 

Can the Treasury Board appeal this decision?

The decision of a panel of the Board is final and is not to be questioned or reviewed in any court except by way of judicial review proceedings and only on the grounds set out in ss. 18.1(4)(a), (b), or (e) of the Federal Courts Act.

If the party seeking judicial review cannot present a substantial argument that the logic that led the labour relations decision maker to his or her decision is incorrect or unreasonable, according to the applicable standard for judicial review, the application will be denied.

The FPSLREB website has more information here: https://www.fpslreb-crtespf.gc.ca/en/resources/fact-sheets/procedural-guidance/judicial-review.html

 

When will we receive our money?

The order states that “[179] These remedies are to be paid within 90 days of the receipt of this decision.” The decision was received by both parties on March 27, 2023.

 

What if they don’t pay us within 90 days?

We don’t know yet. We have not yet had discussions with the TB about the orders and how they will be implemented.

 

How does this affect bargaining?

We are actively planning and strategizing for our upcoming mediation session. It would not be in the best interest of our members for us to publicly post about our negotiation strategies.

 

Paragraph [178] says the amount will be reduced! What does that mean?

This complaint was about the raises of 1.25% for January 1, 2015, 1.25% for January 1, 2016, and 2.3% for April 1, 2016. We already fought for and won the 1.25% raises for 2015 and 2016. These were implemented in 2018. They now have to pay us for the remaining 2.3% from April 1, 2016 onward.

 

What about interest on the back pay?

The FPSLREB does not have jurisdiction to order interest on the back pay.

 

I retired, got a promotion, etc. … What does this mean for me?

Everyone’s situation is unique. As soon as we have more information on the calculation of the amounts payable pursuant to the order, we will share it with you.