Bargaining Update

2021-06-12

 

Bargaining with the employer is continuing to go well. Last month, we achieved a major milestone when we exchanged initial proposals. Since then, our team continues to meet regularly. We are in regular contact with the employer, and we have virtual “at the table” sessions scheduled throughout the summer.

 

We are fully prepared for these more formal sessions and although we wish things were moving faster, it is of paramount importance that we get this first collective agreement right for all of us. It is especially important that we show solidarity with each other throughout the bargaining process. The stronger we are as members of our Local, the stronger our position is at the bargaining table.

 

We must strive toward a collective agreement that will blend both categories of employee and both groups to eliminate the disparity caused by the employer. We must also ensure that we are recognized for our critical and specialized roles as Public Safety Communicators.

 

We will continue to bargain in good faith and respect the confidentiality of the bargaining process. It is in all our best interests to do this so that we can have fair and open negotiations with the employer. Rest assured that when we have reached a tentative agreement, it is you – the membership – who will decide whether to accept the agreement.

 

Based on some feedback and questions we have we received, we want to share some background information on our Union, our bargaining team, and how some of these things work.

 

CUPE Locals are autonomous. This means that we, as a Local, decide what our priorities are based on what the membership wants. We have access to all kinds of resources from CUPE National such as researchers, negotiators, staff representatives, and lawyers. However, we decide the direction and mandate of our Local and we have our own bargaining team that negotiates directly with the employer.

 

Our bargaining team includes our lead negotiator from CUPE National, our President, and our six Regional Chairpersons. Our President and our Regional Chairpersons are all members of our Local: CMs and PSEs, IMs and TOs. This is our contract too. Our lead negotiator is also our CUPE staff representative who we have been working with closely for several years. He is an extremely experienced negotiator with previous law enforcement background. Since our inception, we have been working with our negotiator on our proposals. Even when we are working on other important tasks and representing our members, the research, learning, work, and re-work on bargaining has been continuous.

 

We know this is taking a long time. We are frustrated too. It is an extraordinarily complex process and scheduling with the employer does not always go as quickly as we would like. That said, we are on the right track and things are picking up. We really appreciate your continued support – the kind messages and words of encouragement go a long way to keeping us excited and energized about this historic process.

 

Please continue to reach out to your Stewards or Regional Chairpersons directly if you have questions or concerns.

Pay stubs and Epost

For CM’s: We have been advised that all outstanding pay stubs will be delivered to Epost by June 2nd, 2021. Information is being posted on the RCMP InfoWeb.

2.3% Market Adjustment

2021-03-10

 

Our unfair labour practice complaint with the Federal Public Sector Labour Relations and Employment Board (FPSLREB) is still very active and one of our top priorities. In 2016, the 2.3% market adjustment portion of our raises was unfairly withheld by the employer. All our members should have received this 2.3%.

 

Lawyers on both sides of this complaint are actively engaged in discussions to sort out the outstanding disclosure issue before we can head back to a hearing. We previously requested information from the employer and they are claiming that information is protected by Cabinet Confidence. This is the cause of these latest delays and we are working through them.

 

The Public Service Police Operations Support group (PO – TCO and IMA subgroups) is pay matched to the Civilian Member Law Enforcement Support group (LES – IM and TO subgroups). These groups are pay matched to the Regular Member (RM) pay and have been decades. This may change during the collective bargaining process; however, our position is that it has not changed yet and no changes to this pay structure has ever been communicated to us.

 

In 2016, RMs were given a 2.3% market adjustment pay increase and we were denied this same pay increase. Around the same time, we applied for union certification and the RCMP has been trying to re-write history after the fact. We will not let this go. By all accounts, we should have been provided this same pay increase in 2016 and we will keep fighting to make sure that we get it.

 

This issue affects every single one of us and we will not give up on such an important matter.

Bargaining Update

2021-03-10

 

We continue to be engaged in bargaining our first collective agreement with the employer. It is a slow process but there is still a lot of work going on. One of the first major milestones in bargaining is the exchange of proposals. We have our proposal ready to go and the official exchange will be taking place very soon.

 

Our Bargaining Committee meets regularly to discuss and review our proposal and strategies. This is the most important task we are currently working on. We must have a collective agreement that will blend the CMs, PSs, IMs, and TOs and ensure that the disparity created by the employer is corrected while considering the unique needs of each group.

 

Bargaining in good faith involves a great deal of confidentiality. We cannot share specific points in the proposed agreement until it comes time for a ratification vote. We must also not publicly share priority items or negotiating strategies because then the employer would know what is most important to us. However, we will continue to keep everyone updated with the major milestones of the collective bargaining process.

Bargaining and 2.3% Market Adjustment Update

Bargaining Update

2021-03-10

 

We continue to be engaged in bargaining our first collective agreement with the employer. It is a slow process but there is still a lot of work going on. One of the first major milestones in bargaining is the exchange of proposals. We have our proposal ready to go and the official exchange will be taking place very soon.

 

Our Bargaining Committee meets regularly to discuss and review our proposal and strategies. This is the most important task we are currently working on. We must have a collective agreement that will blend the CMs, PSs, IMs, and TOs and ensure that the disparity created by the employer is corrected while considering the unique needs of each group.

 

Bargaining in good faith involves a great deal of confidentiality. We cannot share specific points in the proposed agreement until it comes time for a ratification vote. We must also not publicly share priority items or negotiating strategies because then the employer would know what is most important to us. However, we will continue to keep everyone updated with the major milestones of the collective bargaining process.

 

2.3% Market Adjustment

2021-03-10

 

Our unfair labour practice complaint with the Federal Public Sector Labour Relations and Employment Board (FPSLREB) is still very active and one of our top priorities. In 2016, the 2.3% market adjustment portion of our raises was unfairly withheld by the employer. All our members should have received this 2.3%.

 

Lawyers on both sides of this complaint are actively engaged in discussions to sort out the outstanding disclosure issue before we can head back to a hearing. We previously requested information from the employer and they are claiming that information is protected by Cabinet Confidence. This is the cause of these latest delays and we are working through them.

 

The Public Service Police Operations Support group (PO – TCO and IMA subgroups) is pay matched to the Civilian Member Law Enforcement Support group (LES – IM and TO subgroups). These groups are pay matched to the Regular Member (RM) pay and have been decades. This may change during the collective bargaining process; however, our position is that it has not changed yet and no changes to this pay structure has ever been communicated to us.

 

In 2016, RMs were given a 2.3% market adjustment pay increase and we were denied this same pay increase. Around the same time, we applied for union certification and the RCMP has been trying to re-write history after the fact. We will not let this go. By all accounts, we should have been provided this same pay increase in 2016 and we will keep fighting to make sure that we get it.

 

This issue affects every single one of us and we will not give up on such an important matter.

Phoenix Damages Agreement – Update

2021-03-08

In 2019, CUPE Local 104 signed a Phoenix Damages Agreement with the employer that saw up to five (5) days of leave awarded to our public service employees as damages for the frustration caused by the failed pay system. This award of leave provided flexibility for our members as they could take it as leave, bank it for use in the future, or cash it out. This agreement contained a “catch-up” clause that guaranteed our members would be further compensated if any other group negotiated a higher settlement.

 

Recently, PSAC finalized a settlement for their members in the amount of $1500 cash per employee. We believed this cash settlement was larger than the leave settlement we previously signed and so, we invoked the “catch-up” clause and negotiated an increased settlement for our members.

 

Our PO members who have a salary less than $78,264 ($300 per day) will receive an additional cash settlement (taxable). The amount of this additional settlement will be the difference between your daily rate of pay and $300. You are eligible for this additional cash settlement for each of the years that you already received 7.5 hours of leave as part of the 2019 agreement. No payments will be made for less than $10.

 

No action is needed on your part at this time. The individual cash settlements will take some time to calculate and distribute. This agreement applies to all public service employees who are or have been members of the PO group. Civilian Members are not paid by Phoenix and are not covered by this agreement.

Vacation Carry Over Limits – Update

Based on previous communications from the employer, we understood from the the CM leave carry over limit of 400 hours (before cash-outs) would be delayed until March 31, 2022. The employer has now advised they miscommunicated this in their bulletins. The delay in automatic payouts for PSE leave is not affected by this error.

There will be automatic cash-outs for any CM vacation leave that exceeds 400 hours on March 31, 2021. However, if any CM wishes to carry over more than 400 hours, they can exercise the exemption clause of the leave carry over policy. We have already discussed this with the employer and we expect full support at all levels should any of you wish to carry over any excess leave over 400 hours to the next fiscal year.

You, our members had an exceptionally tough year. Most of us could not take leave when we wanted or needed to and many of us went into the workplace as essential/critical services while most of the public service and much of the RCMP were able to work from home. COVID-19 affected our families and we still went to the workplace and found ways to manage things at home, which was not easy. We had leave restrictions imposed on us and we even had approved leave taken away from us. We were asked to take leave on sporadic days that we normally would not have requested, just to be able to get a day or two off.

The pandemic has made the nature of the work we do even more challenging as there are more precautions for us all to take and the nature of the calls and the volume seems to have become more intense which we know affects our mental health. We need rest and relaxation from work now more than ever.

If you are a CM and wish to carry over your vacation leave in excess of 400 hours this fiscal year (March 31, 2021), please contact your Local Steward or Regional Chairperson. They will provide you with the form that is required to be filled out and submitted to your supervisor. If you are denied or experience any issues then please advise your Regional Chairperson immediately.

This change does not affect PSEs. PSEs will not have their leave cashed out this fiscal year (March 31, 2021) which is due to the Phoenix pay issues. PSE have an extra year (until March 31, 2022) to reduce their leave below the carry over limit of 262.5 hours.

Attention Public Service Employees: Tier 3 of Phoenix Damages Agreement has been launched. Please see link below.

Attention Public Service Employees: Tier 3 of Phoenix Damages Agreement has been launched. Please see link below.

 

(https://www.canada.ca/en/treasury-board-secretariat/news/2021/01/government-of-canada-launches-new-claims-process-to-compensate-employees-for-severe-personal-or-financial-impacts-due-to-phoenix-pay-system.html?fbclid=IwAR3ZgumRroADiEDt6yVURIhAZ6Sxy6yAn7NKDCM3O57ICOaWYaWz9LRZDiU)

Executive Elections – Update

Please note that only Western TO’s have been sent voter cards for their TO Chairperson. All other have been acclaimed and a vote is not required.
 
Names will be released next week of those acclaimed and the winner of the Western TO Chairperson election.
 

Notice of Election

This is the Notice of an Election for the following positions:

 

President

Recording Secretary

Western Region TO Chair

Western Region IM Chair

Central Region TO Chair

Central Region IM Chair

Eastern Region IM Chair

Eastern Region TO Chair

on the Local 104 Executive Board, in accordance with our bylaws.

 

Key Dates:

 

Nominations: Jan 18-25

Voting: Feb 1-7

Results: Feb 16

 

Nomination forms are available online at:(https://104.cupe.ca/files/2021/01/Nomination-Package-2021-01-15.pdf.)

They must be scanned and e-mailed to elections@cupe104.ca before the nomination period closes on 2021-01-25.

 

Campaigning may take place at any time and is the sole responsibility of the nominee(s). Shortly after the close of the nomination period, and at the request of the nominee(s), the Elections Committee will send one email to the membership including: nominees’ names, work locations, and one URL link, provided by the nominee, pointing to a website of their choosing.

Voting will be by electronic ballot sent to the email we have on file from your membership form. This email will come from Simply Voting; remember to check your junk / spam folders. Voting will start on 2021-02-01 and remain open for seven (7) days. Results will be communicated on or before 2021-02-16.

Please ensure you read the nomination guide attached to the nomination form carefully as it contains important information. You will receive confirmation from the Elections Committee that your nomination form was received within 24 hours of sending it in. The Elections Committee is Vice President April Hallock, Trustee Michelle Boyko & Trustee Sadhana Kumar. You can contact your Steward, Regional Chairperson, or the Elections Committee with any questions.

In Solidarity,

CUPE Local 104 Elections Committee