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Volume 33 Number 4, Fall 2014 www.peiupse.ca Prince Edward Island Union of Public Sector Employees MAILING LABEL If unable to be delivered, please return to: Union of Public Sector Employees, 4 Enman Crescent, Charlottetown, PEI C1E 1E6 Inside: 53rd Annual Convention pg. 4 Grievances and Bargaining pg.10 THE ADVOCATE Fall 2014 53rd Annual Convention

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Page 1: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

Volume 33 Number 4, Fall 2014 www.peiupse.ca Volume 33 Number 4, Fall 2014 www.peiupse.ca

Prince Edward Island Union of Public Sector Employees

MAILING LABEL

If unable to be delivered, please return to: Union of Public Sector Employees, 4 Enman Crescent, Charlottetown, PEI C1E 1E6

Inside:53rd Annual Convention pg. 4

Grievances and Bargaining pg.10

THE ADVOCATE Fall 2014

53rd Annual Convention

Page 2: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

UPSE2 The Advocate - Fall 2014 www.peiupse.ca

President’s Message

As we approach our 53rd Annual Convention I continue to reach out to the membership for input, build respectful working relationships with the employers, and organizations affi liated with our union.

The Board of Directors recently approved a Preferred Pharmacy Provider Program for the membership. The program provides a discount on drug coverage for UPSE members. Participating pharmacies include Lawtons and Sobeys. Murphy’sPharmacies have also agreed to providethe same discount for UPSE members.

Your union continues to participate in the national All Together Now (ATN) campaign. The campaign is about im-proving the lives of working families and building a stronger Canada by ensuring our common wealth is used for the common good. Our focus has been on the importance of eliminating income inequality, promoting a fair tax system, building public services, creating good jobs and supporting labour rights. As part of the ATN campaign I recently acted as a moderator for the public town hall on Tax Havens and Loopholes: The

Dear Members,

Debbie Bovyer, President, UPSEDebbie Bovyer, President,

Price We Pay. The town hall considered how governments are losing revenue to tax havens and tax loopholes. Special guests included Dennis Howlett, the Executive Director of Canadians for Tax Fairness, and Senator Percy Downe. See pg. 3 of this edition of The Advocate for the full story.

On the bargaining front it’s important to welcome our latest addition to the UPSE family. We successfully organized Community Connections in June 2014. I look forward to working with our new members and the Employer. The bargaining team has dates set to exchange packages with the employer and negotiations for their fi rst collective agreement will commence in November. For a complete update on Bargaining see pg.12 of this edition of The Advocate.

Your union continues to work hard dealing with a variety of issues facing the membership. There have been many grievances fi led and some are moving to arbitration. For an update on Grievances see pg.10 of this edition of The Advocate.

We are currently meeting on a monthly basis with Health PEI and the Public Service Commission to fi nd ways to resolve issues before they get to the grievance stage and or arbitration. Let’s keep working together to build a better workplace for all.

Debbie Bovyer President, UPSE

UPSE Executive Offi cers

President: Deborah Bovyer [email protected]

First Vice-President: Doug [email protected]

Second Vice-President: Karen Jackson [email protected]

Third Vice-President: Terry [email protected]

Secretary-Treasurer: Kevin Gotell [email protected]

UPSE Staff Hans Connor LLB: Labour Relations Offi cer / Lawyer

[email protected]

Troy Warren: Labour Relations Offi [email protected]

Andrew Jack: Labour Relations Offi cer [email protected]

Cathy MacKinnon: Resource & Organizing Offi [email protected]

Blair Weeks: Research, Education and Policy [email protected]

Mark Barrett: Communications & Campaigns Offi cer [email protected]

Lisa Rossiter: Offi ce Supervisor (on leave) [email protected]

Tammy Laybolt: Membership Records Coordinator [email protected]

Mary MacLean: Education and Meetings [email protected]

Jackie McCaughey (temp): Technology & Information Coordinator

[email protected]

is a publication of the Union of Public Sector Employees located at 4 Enman Crescent, Charlottetown, PE, C1E 1E6 telephone: (902) 892-5335, toll free: 1-800-897-8773, fax: (902) 569-8186, e-mail: [email protected], web: www.peiupse.ca.

UPSE is affi liated with the Canadian Labour Congress, the PEI Federation of Labour, and the National Union of Public and General Employees.

Page 3: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

UPSE

Town Hall Meeting - Tax Havens and Loopholes

The Advocate - Fall 2014 3www.peiupse.ca

UPSE recently hosted a Public Town Hall meeting called “Tax Havens and Loopholes: The Price We Pay.” The President of UPSE, Debbie Bovyer, acted as moderator for the meeting, and special guests included Dennis Howlett and Senator Percy Downe.

President Bovyer began by explaining how both federal and provincial governments are losing revenue to tax havens and tax loopholes and how this aff ects all of us as governments do not have the resources required to reduce inequality, boost investments in social and physical infrastructure, and tackle climate change. Dennis Howlett reinforced this point by explaining that provincial governments, not just the federal government, are losing billions of dollars to tax havens and tax loopholes each year. That money could be used for making our provinces stronger by investing in infrastructure, education and health care. Canadians can no longer aff ord the high cost of our wealthiest individuals and corporate citizens playing the tax system and not paying their fair share.

Last year, Canadian money stashed in 10 off shore tax havens hit an all-time high of over $170billion. The main reason wealthy individuals and large corporations send their money to tax havens is to avoid paying taxes. This has a high price for the rest of us. Even the most Conservative estimates show losses to federal and provincial budgets of at least $7.8 billion a year in tax revenue.

Senator Percy Downe provided a concrete example of the lack of eff ort on behalf of the federal government to investigate tax avoidance among the wealthy. He explained that the Canadian Government was given the names of 106 Canadians with secret bank accounts in Liechtenstein about 8 years ago. The information the government was handed showed that the amounts in Canadian-held Liechtenstein bank accounts totalled over $100 million — one account had over $12 million. Not one account contained less than half a million dollars. Since Liechtenstein, the Government of Canada has been handed the names of Canadians with secret accounts in a bank in another tax haven, Switzerland. As an example of the size of the problem facing the federal government, just these two banks had accounts for over 1,800 Canadians. In the eight years since this information has come to light, not one of these Canadians who have hidden their money abroad in those accounts to avoid paying taxes in Canada has been charged or fi ned… any ordinary resident of Canada who is found to not be declaring their income would be hounded by the Canada Revenue Agency (CRA). Why the double standard for Canadians with foreign bank accounts?

(L-R) Dennis Howlett (Executive Director, Canadians for Tax Fairness), Debbie Bovyer (UPSE President), Senator Percy Downe

Page 4: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

UPSE 4 The Advocate - Fall 2014

53rd Annual Convention

www.peiupse.ca

Delta Prince Edward Hotel - Queen Street, Charlottetown November 28 - 29 , 2014

Agenda

6:00 p.m. - Registration

6:30 p.m. - Administrative Announcements - Harassment Policy

- Call to order

- National anthem

- Solidarity Forever - Credential Committee Report - Introduction of Fraternal Guests - Introduction of Board of Directors and Staff - Moment of Silence (for deceased members) - Adoption of Agenda - Adoption of Rules of Order

- Adoption of Elections Procedure

- Minutes of 52nd Annual Convention (2013) - Report on 2013 Resolutions

7:00 p.m. - President’s Report and Address

7:30 p.m. - 2013 / 2014 Committee Reports

8:00 p.m. - 2014 Resolutions

9:00 p.m. - Adjournment

9:30 p.m. - Entertainment

8:30 a.m. - Registration

8:55 a.m. - Door Prizes (must be seated)

9:00 a.m. - Call to Order, Auditors Report, 2014-2015 Budget

10:00 a.m. - Credential Committee Report - 2014 Resolutions

10:30 a.m. - Break

10:45 a.m.- Door Prize (must be seated)

10:50 a.m. - Introduction by Kevin Gotell, Secretary Treasurer, Guest Speaker, Kim Turner (Pink Larkin), “New Challenges of Bargaining and Grievances”

11:30 a.m. - 2014 Resolutions (continued)

12:00 p.m. - Lunch (all delegates on their own for lunch)

12:55 p.m. - Door Prizes (must be seated)

1:00 p.m. - Opening

1:15 p.m. - Introduction by Terry Gauthier, 3rd Vice PresidentGuest Speaker – Larry Brown, Secretary Treasurer (NUPGE), “New Challenges of Unions”

1:30 p.m. - Credential Committee Report - Introduction by Doug Ferguson, 1st Vice President - Guest speaker - Terry Hogan, Employee Benefits, “The New Pension System” - 2014 Resolutions

3:00 p.m. - Break

3:15 p.m. - Door Prizes (must be seated)

3:20 p.m. - Introduction by Karen Jackson - 2nd Vice President, Guest Speaker, Wendy McGrath “New Employment Insurance System”

4:00 p.m. - 2014 Member of the Year Award, Cooke Insurance, Prize Giveaway and Presentation to the Silent Witness Project

4:30 p.m. - 2014 Executive Elections, 2nd Vice President, Secretary Treasurer

6:00 p.m. - Adjournment Reception, Banquet, Retiree Recognition and Dance to follow ....

53rd Annual Convention

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UPSE

53rd Annual Convention, Executive Elections

The Advocate - Fall 2014 5www.peiupse.ca

Elections for the positions of Second Vice President and Secretary Treasurer will be held at PEI UPSE’s Annual Convention on November 29, 2014. As executive positions, these are two-year terms of offi ce. In order to run, members must be in good standing for at least one year. Candidates nominated by the August 29, 2014 deadline include: Karen Jackson, Second Vice President (reoff ering for Second Vice President), Juanita Gallant, Director of Local 1 (off ering for Second Vice President), and Kevin Gotell (reoff ering for Secretary Treasurer). Nominations that were not received by August 29, 2014 will also be invited from the convention fl oor at the upcoming Annual Convention.

Greetings Brothers and Sisters,I would like to Thank You for your support, which allowed me to serve as your Second Vice President over the past 4 1/2 years. It has been a privilege representing the Members of PEI UPSE on the Executive Committee and I have welcomed the challenges this position has given me.

I have worked as an LPN for the past 26 years and I am presently employed at the Kings County Memorial Hospital. During those 26 years as a member of PEI UPSE, I have been an activist. I served as Director for Local 16 for many years, Second Vice President for 4 1/2 years, Interim President, and I continue to be an active Steward dealing with management on the many diverse issues facing our members. Since my involvement with PEI UPSE, I have taken advantage of educational opportunities enhancing my knowledge and confi dence to continue as an activist supporting members and fi ghting for all workers rights.

Some union related courses I have completed include:1. Steward Training Levels I, II, III, and IV2. NUPGE Labour College - Advanced Steward and Leadership3. NUPGE Labour College - Communications4. NUPGE Labour College - Political Action and Organizing5. Collective Bargaining CLC6. Confl ict Resolution UPEI7. Bully Free Workplace Facilitator Training

Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member of committees within our Union and Coalition Committees with other unions. I presently sit as executive member on the PEI UPSE Education Committee.

As a Trade Unionist, I believe in Solidarity, and with my commitment and experience, I will continue to represent all members respectfully and fairly, working with our President, the Executive, the Board of Directors, and You, our members, to ensure PEI UPSE continues to be a strong voice and Advocatefor our members. I am asking for your support to continue as your Second Vice President. Thank You.

In Solidarity,Karen Jackson

Juanita Gallant off ers for Second Vice President

I, Juanita Gallant, would like to take this opportunity to announce that I am off ering my name as Second Vice President of the Union of Public Sector Employees.

I have served on the Membership

Services Committee for 14 years and the Recreation Committee for 6 years. I participate in local meetings and I was selected to represent you, the members, for 26 annual conventions. This has given me a great deal of knowledge on how our Union works.

Karen Jackson, Second Vice President, UPSE

Juanita Gallant, Director Local 1, UPSE

Page 6: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

UPSE6 The Advocate - Fall 2014

Executive Elections

www.peiupse.ca

I am currently the Chairperson of the Membership Services Committee and a past member of the Classifi cation and Appeal Board. I served two terms on the Civil Service Negotiating Team for the Admin Support members and I have chaired the Presidential Election Committee. I am a director on the UPSE Board for the past 14 years.

Some of you may remember me from previous years or in conjunction with social events like the family skates or Union Christmas parties which I have been organizing for UPSE families for many years. I have worked in various departments over the years but for the past 15 years I am a client service rep with DMV/Access PEI. I have also participated in rallies to save our pensions which is a very important issue as it will aff ect all of us sooner or later.

I have taken a number of Union and Civil Service courses while employed with Government. I have also taken a Public Speakingcourse at Holland College and 4 summers of Labour College training in Moncton. I am committed to working towards fairness for all Union Members. I have experience in dealing with Union matters and our rights and would be willing to continue to represent you to the best of my ability at the Executive level.

In Solidarity, Juanita Gallant859-8804 or 859-3700

been involved in various activities. I have been attending the Annual Convention as a Delegate for many years. I served in the past as Director for Local 11, and as Chairperson for the Public Relations Committee; and the Staff Relations Committee. I had the pleasure of serving as your Secretary Treasurer from 2008 to July of 2011.

At the present, I am employed with the Department of Environment, Labour and Justice as the Chief Provincial Court Clerk and work at the Provincial Court Offi ce in Charlottetown. In the late fall of 2014 I will be moving to a new position as Judicial Clerk and will be located at the Kings County Court House in Georgetown.

It has truly been an honour and pleasure for me to serve for the past two years as your Secretary Treasurer of this great organization! Have we faced challenges? Yes, we sure have! But I feel that under the direction of our President with the Executive and Board of Directors we have become much stronger and united in our fi ght to ensure that the needs of all PEI UPSE members are being met and looked after, now, in the present, and will continue into the future.

Changes have been made in the past couple of years within our organization, which are to the benefi t of all our members; and with change comes growth. Let us continue to grow and move forward in a positive and caring manner into the future to ensure that the Prince Edward Island Union of Public Sector Employees remains the greatest union in Prince Edward Island!

With your support, I will continue to work on your behalf, to the best of my abilities on the challenges and opportunities that we face on a day to day basis; and what we will face in the future!

In Solidarity,Kevin J. Gotell

Greetings UPSE Brothers and Sisters, my name is Kevin Gotell and I am seeking your support in my re-election as your Secretary Treasurer at the 2014 Annual PEI UPSE Convention.

I have been an active member of PEI UPSE for 20 years and have

Kevin Gotell, Secretary Treasurer, UPSE

Kevin Gotell reoff ers for Secretary Treasurer

Page 7: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

UPSE

53rd Annual Convention, Budget

The Advocate - Fall 2014 7www.peiupse.ca

Revenues Dues 2,250,000*Social Fund 11,500 Building fund 28, 750 Health Development and Training 30,000Other Income (Fun Day / Golf / etc.) 4,000 Total Revenue: 2,324,250

Expenses

Advertising 20,000 Audit 17,000 Bank charges and interest 1,400 Building and grounds maintenance 18,000 Building Mortgage 52,800 Cleaning 12,090 Dues and fees 115,000 Electricity 9,000 Fuel 9,000 Insurance 13,000 Office supplies and expenses 30,000 Equipment rental 38,000 Postage 18,000 Taxes 13,000* Social fund 11,500

Telephone and fax 20,000

Travel - Staff 10,000

Total: 407,790

Employment

Wages - Staff 684,438 Wages - President 81,356 Benefits - President 10,840 Employee Benefits 130,043 Severance Pay Allocation 5,000 Early Retirement Fund Allocation 5,000 Training 15,000

Total: 931,677

2,275,000 11,500 33,000 30,000 7,000

2,356,500

2013-2014 Budget Forecast to July 2014 Proposed Budget 2014-2015

25,400 15,960 1,500 28,700 52,800 12,090 108,000 10,500 8,000 13,000 23,000 36,000 15,650 21,000 11,500 21,500 7,500

412,100

685,200

81,356

14,320

126,700

5,000

5,000

7,700

925,276

1,000 64,600 273,000 19,500 0 7,400 10,000 375,500

Other

Benevolent 1,500 Campaigns 25,000 Legal and Professional Fees 225,000 Newsletter (Advocate) 20,000 Photography 500 Reference Materials 10,000 Defense fund 10,000

Total: 292,000

2,300,000 11,500 33,000 30,000 7,000

2,381,500

30,000 17,000 1,500 25,000 52,800 12,090 125,000 11,000 9,000 13,000 30,000 37,000 16,000 21,000 11,500 24,000 10,000

445,890

695,825

82,983

14,935

125,250

5,000

5,000

15,000

943,993

1,500 40,000 250,000 20,000 500 10,000 10,000 332,000

Page 8: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

UPSE 8 The Advocate - Fall 2014

Budget, UPSE Bursaries

www.peiupse.ca

4,200 110,000 81,200 75,000 0 4,900 82,600 60,000 5,000 42,800 53,000 13,600 60,000 6,500 55,000

653,800

2013-2014 Budget Forecast to July 2014 Proposed Budget 2014-2015

0 91,100 42,500 45,675 0 1,000 63,700 56,800 3,100 24,100 30,500 7,200 57,600 5,700 43,500

472,475

Committees OH&S Committee 5,000Annual Convention 105,000Bargaining 100,500Board & Chairpersons 80,800Conferences 15,000Constitution & Structure 4,900Education 80,000Executive Officers 64,000Finance 5,500Membership Services & Communication 39,500NUPGE travel pool 36,000Pensions & Insurance 20,000Recreation / Public Relations / Convention 60,700Staff Relations 8,000Stewards Council 65,500

Total: 690,400

Total cash inflow 2,324,250

Total cash outflow 2,321,867

Budgeted cash inflow (outflow) 2,383

2,381,500 2,375,683 5,817

2,356,500 2,185,351 171,149

UPSE Bursary Program UPSE is once again opening our Bursary Program to UPSE members, spouses or dependants, who are in full-time attendance at an accredited College or University. You are invited to submit an application for one of the ten bursaries that UPSE awards annually. Nine of the bursaries are worth $500 and one, the Laurie Jenkins Memorial Scholarship, is valued at $1000. UPSE is proud to offer this support as part of its ongoing efforts to promote the importance of life-long learning and education. In order to qualify, recipients must be enrolled full-time at a post-secondary institution. Bursaries are available for both in-province (including UPEI and Holland College) and out-of-province studies. Both the bursaries and the scholarship are for the second semester (after Christmas) and are awarded on the basis of approved criteria. To be eligible applicants must be employed by one of UPSE’s bargaining units, be paying dues, and have a signed membership card (or be a spouse or dependant of a member in good standing). Applicants must be enrolled as full-time students at a post-secondary institution during the current academic year. An official, sealed transcript of the applicants last set of marks should also be included. Students attending Holland College or other institutions that do not use traditional marking systems must include Grade 12 marks and an evalu-ation from a college official.

The UPSE Public Relations and Recreation/Convention Committee will base its decision regarding the nine bursaries on three factors. They are – in order of importance: 1) Academic ability 2) UPSE involvement (as it relates to the applicant or to the UPSE member of whom the applicant is a spouse or depen-dant) 3) Financial need. A fourth factor - community involvement - will determine the top award winner for the Laurie Jenkins Memorial Scholarship.

Applications are reviewed using a “blind test” procedure whereby Committee members are not provided with any identifying information about an

applicant. The Public Relations Committee selects the successful recipients of the bursaries and/or the scholarship from the applications received. The

awards are usually presented over the Christmas break. All applications must be received by : November 27, 2014 at 4:30 p.m. Application forms are available

at the UPSE office or on the Union’s website at (www.peiupse.ca).

No application will be considered without an official, sealed transcript.

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UPSE

53rd Annual Convention, Resolutions

The Advocate - Fall 2014 9www.peiupse.ca

The following are summations of resolutions for convention that have been submitted for consideration by this year’s delegates. The intent of each resolution is articulated in the “Therefore Be It Resolved” line of each resolution.

Submitted by Local 19 Retiree Drug Costs

THEREFORE BE IT RESOLVED that UPSE convince the provincial government to exempt retirees from the effects of these changes. Retirees have had no forewarning of these changes and, therefore, no ability to budget for significant increases in their drug costs.

Submitted by Local 19 Retiree Representation

THEREFORE BE IT RESOLVED that UPSE work toward having Local 19 representation on the Public Service Group Insurance Plan Board of Trustees and the Master Trust Investment Advisory Committee.

Submitted by Local 19 Pension Indexing THEREFORE BE IT RESOLVED that UPSE work with government to ensure the most equitable formula possible for determining indexing

Submitted by Local 14 Voting Delegates

THEREFORE BE IT RESOLVED that members elected as delegates to convention have attended the “Welcome to UPSE” course.

Submitted by Local 1 Alcohol at Convention

THEREFORE BE IT RESOLVED that no alcohol be purchased by the union for the annual convention nor will the cost of alcohol consumed at the convention be reimbursed by the union.

Submitted by Local 1 Hospitality Area THEREFORE BE IT RESOLVED that the location of the hospitality area be announced at the beginning of each day of the annual convention and an invitation be extended to all delegates each day of the annual convention.

Submitted by Local 1 Decentralizing Services THEREFORE BE IT RESOLVED that UPSE refrain from lobbying govern-ment to stop decentralizing services and remain neutral on the matter considering it has both negative and positive impacts for UPSE members.

Tender - Snow RemovalPlease submit tenders for a seasonal contract agreement for the 2014/15 Winter Season. The services will include snow removal from UPSE’s upper and lower parking lots by 7:30 a.m., as well as shoveling, sanding and salting of entrance areas.

Return visits may be required on the same day depending on conditions. Preference will be given to members and the lowest tender may not necessarily be accepted.

Please send tenders by November 21 to:

Union of Public Sector Employees c/o Kevin Gotell, Secretary Treasurer,

4 Enman Crescent, Charlottetown, PE

C1E 1E6

53rd Annual Convention: Resolutions

rates moving into the future.

Call for Members: Civil Service Classification

and Appeals Board

UPSE is issuing a call for members to sit on the Civil Service Classification and Appeals Board.

If interested please contact the Union at 902-892-5335, 1-800-897-8773, or email [email protected] by Friday, November 7, 2014.

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UPSE 10 The Advocate - Fall 2014

Grievances and Bargaining

www.peiupse.ca

Grievances and Bargaining

UPSE contends that members who are spending time on union business are not being compensated. This goes against the collective agreement and practice in the past.

Being able to take time off for union busi-ness is clearly expressed in the collective agreement and members should not be forced to use vacation time to take time off to attend union business.

This grievance was filed on May 20, 2014and violates the preamble and articles 4, 5 and 24. The union asks the employer to follow the collective agreement and refund any vacation time that has been taken from members and used to cover union leave.

The union is asking if the employer accepted repayment for the said time and if so is asking for a return of funds corresponding with any offending case. The matter is heading to arbitration with dates to be announced.

Union Leave Policy Grievance (Civil Service)

Union Leave Policy Grievance (Civil Service)

The employer did not grant the member leave to serve in a full time position as per the collective agreement. The union grieved this on July 22, 2014.

Duty to Accommodate Individual Grievance (Civil Service)

The union contends that the preamble and articles 4, 5 and 24 have been violated. UPSE argues that the employer should complete a survey of the entire bargaining unit and ensure that each member would be able to be granted leave as per the collective agreement.

If the employer determines that some positions would not be able to be granted leave, the employer shall develop a solu-tion for this problem including hiring new staff as an option and or cross training staff between departments.

The employer failed to accommodate an employee due to his/her medical condition. The employee had specific written recommendations from a Doctor and Occupational Therapist, that the employer should provide appropriate technology for the employee to help with his/her disability.

The union grieved this issue in 2012 and moved through all three levels of the grievance procedure. Arbitration was scheduled for September 2014 with Bruce Outhouse, however, the employer decided to comply with the collective agreement and accommodate the employee before proceeding to arbitration.

Sick Leave Policy Grievance (Health)

The union received reports that the employer was exceeding its managerial authority. The union contends that the employer, in its attempts to review the sick leave usage of our mem-bership, violated articles 7,8,14,16,21,25 and 30 of the collective agreement.

Sick leave and its usage is a benefit that has been jointly negotiated between the employer and the membership. Any action to curtail its appropriate use by employees jeopardizes the health and wellness of the employees.

UPSE grieved this issue on January 28, 2014. The union recommends that the employer meet with the union’s labour relations team to help them develop a health and wellness committee that will seek to improve the health of our members and their worksites while additionally correcting the employer’s ill-informed view of sick leave and its usage.

The union also requested that if the employer is developing or already has an attendance management policy that the union be shown a copy and be included in discussion around this. And if the employer has implemented this policy without consulting the union, the union will expect that any discipline or notes on a member’s file will be removed.

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UPSE

Grievances and Bargaining

The Advocate - Fall 2014 11www.peiupse.ca

Casual Availability Policy Grievance (Civil Service)

Several employees received letters from the employer threatening to remove the employees from the casual list if their availability to work did not improve. The letter said the employer’s acceptable average of “non-availability / no answer” responses to requests for working shifts is 11.5 times within 7 months. The union contends this average is unreasonable and filed a grievance on September 12, 2014.

The union contends that the employer’s casual availability policy violates a consent order and award issued in 2004 by Donald MacLean (arbitrator). The award stated that casual employees are permitted to decline shifts and availability for shifts without being evaluated for doing so. The only exception is if the employee is not available to an unreasonable extent.

The union seeks the removal of the letter from the employees’ personal files and the removal of the employer’s internal policy where it outlines “reasonable non-availability / no-answer” for casuals.

Uniform Allowance Policy Grievance (Health PEI)

Employees who submitted claims for footwear reimbursement under the Uniform Allowance, article 18.02 were denied. Employees were granted

reimbursement in the past and the policy clearly outlines that staff must wear appropriate footwear with the toes and heals enclosed, according to WCB regulations. Footwear worn on duty should not be worn outside the hospital as well. The union argued that in this situation the footwear worn by staff is inclusive of their uniform.

UPSE grieved this issue in August, 2014 citing violations of articles 1, 2, 3 and 18.02.

The union sought that the employer pay the Uniform Allowances for footwear expenses that have been denied to staff who have submitted requests. The employer has complied.

Unjust Suspension Individual Grievance (Health PEI)

A temporary employee refused a shift because he/she was asked to float and work in a different area. The employee was not comfortable working in this other area and had not received orienta-tion to do so. As a result, he/she refused to work and went home. Consequently, the employee was removed from the casual list and told not to come in to work.

At no time had management contacted the employee to explain why he/she was taken off the schedule, nor was the

employee advised about the potentialfor disciplinary action, or offered the opportunity to have a steward present.

The union grieved this issue in August 2014 citing articles 1,2,7,8,14,16,25 and 31. The union is seeking loss of income for said employee and reinstatement to the casual list. The grievance is now moving to Step II.

An employee complained of harassment and was subsequently offered a transfer to Garden Home. The employee had a full time permanent position with Whisperwood Villa. However, upon arriving at Garden Home she discovered that her position was not full time permanent.

The union grieved this issue on March 12, 2014 under article 4, arguing that the employer did not properly exercise their management rights.

The case was scheduled to proceed to arbitration in September 2014, however, before this took place the employer guaranteed the employee full time work at Garden Home. The employee also received some compensation for lost wages while working in the Garden Home position without full time status.

Harassment Individual Grievance (Whisperwood Villa)

Page 12: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

UPSE 12 The Advocate - Fall 2014

Grievances and Bargaining

www.peiupse.ca

Bargaining Update

Tremploy Bargaining updateGarden Home

Bargaining update

The collective agreement for Garden Home expired on June 29, 2013. The union’s bargaining team consists of Gail Molyneaux, Aarika Dalton, Kaitlyn Swan, Kayla Harvie and Lynn Ingalls.

The bargaining team met with the employer and exchanged packages. Teams then met on April 15 and 17 at the UPSE office to begin the bargaining process. The bargaining team met again on October 16 and began negotiating on October 20, 2014. Teams are confident a successful agreement can be reached.

The collective agreement for Holland College Faculty expired March 31, 2014.

Hans Connor (UPSE LRO/Lawyer) is assigned to lead negotiations. The bargaining team was elected on March 28 and the first meeting took place on April 11. Negotiations continued in June and on October 2, 3, 16 and 17, 2014. Extra time has been needed for the negotiating teams to work on resolving a major issue. Teams are now heading to conciliation.

Holland College Faculty Bargaining update

Whisperwood VillaBargaining update

Some key issues on the proposal forms include:• hours of work and shift work• overtime• salaries• staff training• sick time (article 23)

Bargaining teams exchanged packages and bargaining got underway on April 15 and 17, 2014 at the UPSE office. Negotiations continued on July 30, 31 and August 14 and 20. Both teams are working toward a successful resolution.

Lady Slipper Villa Bargaining update

UPSE is working on welcoming a new bargaining unit to the family. Lady Slipper Villa was successfully organized in the fall of 2013. Since this time the bargaining team has been working on drafting its first collective agreement.

The proposal package was delivered to the employer on May 28, 2014 and the bargaining team will be receiving the employer’s input near the end of October.

reviewed. The bargaining team was elected on April 15. The bargaining team exchanged packages with the employer at the end of April 2014.

Bargaining took place during April and May 2014 with parties working toward a mutually agreeable collective agreement. The deal was ratified in May 2014.

The collective agreement for Tremploy expired June 30, 2014. Andrew Jack is the lead negotiator. A membership meeting was held on May 13 at the UPSE office to choose the bargaining team. Proposal forms were distributed during the summer and the team exchanged packages with the employer on September 23, 2014.

Negotiations took place on September 24 as well as October 7. Parties were unable to reach a deal and are moving to conciliation in the near future.

The collective agreement for Whisper-wood Villa expired on July 31, 2013. The union’s bargaining team consists of Judy Connick and Bonita Moore.

Community Connections Bargaining update

Community Connections joined the UPSE family on June 24, 2014. The union sent a notice to bargain in July and pro-posal forms were sent out in August. The bargaining team subsequently met on September 17, 18 and 19.

The team will exchange packages with the employer on October 31 and negotiations will commence on November 4, 2014.

Grain Elevators Corp. Bargaining update

The collective agreement for Grain Elevators expired on March 31, 2014. Troy Warren led negotiations for the union.

Proposal forms were distributed and

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UPSE

Grievances and Bargaining

The Advocate - Fall 2014 13www.peiupse.ca

Gillis Lodge Bargaining update

Gillis Lodge has experienced chal-

lenges over the past year. Two employees

pushed for an application to decertify.

UPSE, with approval of the Board of

Directors, responded with a campaign

that provided Gillis Lodge employees

information about the benefi ts of be-

ing in a union. UPSE also fi led several

grievances to protect the rights of these

employees under their collective agree-

ment; and fi led numerous unfair labour

practice complaints against the employer.

The Labour Board ordered a decertifi ca-

tion vote in August. An unfair labour

practice hearing followed in September

and October. Further hearing dates are

being scheduled. Counting of the ballots

for the vote that took place in August will

be determined by the Labour Board

following completion of the hearing.

Morell and Area Early Learning Centre Bargaining update

Negotiations took place in November 2012 and continued through March 2013with no outcome. The employer requested a delay and negotiations concluded in September 2013 with a new collective agreement being ratifi ed with a 100% majority vote. On October 20, 2014 negotiations took place in regard to appropriate wages.

Privatization Scam of the Year! Many people are concerned about government waste, but the real waste is privatization. Experience has shown that privatization of public services is bad news.

Privatization adds new costs: There’s the profi t for the corporation running the service, the cost of negotiating complex agreements on how services will be operated, and the cost of monitoring those agreements. When companies operating public services need to borrow money, they pay higher interest rates than governments do.

Quality suff ers: The top priority for a private company running a public service is making money. Serving the public is secondary. When there’s a confl ict between profi ts and public services, services suff er, and as quality and care deteriorate, ultimately the public suff ers.

Corruption spreads: Because key details about privatized services are kept secret, we don’t have the same accountability and transparency that we have for public services. The lack of accountability and transparency that comes with privatization makes it all too easy for privatization proponents to take advantage of the public.

To draw attention to the privatization racket,the National Union of Public and General Employees (NUPGE) launched the Privatization Scam of the Year Award. The award is a tongue-in-cheek way to recognize privatization projects in which the privateers took advantage of the lack of transparency and accountability to take the public to the cleaners.

Too often privatization scams don’t get the attention they deserve or are dismissed as isolated examples. The nominees for the inaugural “Scammie” are:

• Ontario’s P3 gas plant • Saskatchewan’s liquor store giveaway• Edmontonians forced by feds to privatize their planned light rail line• CFB Goose Bay’s private operator under police investigation• Fraud and tax evasion charges at Montreal’s new P3 hospital

The winner will be announced on the UPSE website at www.peiupse.ca in November.

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UPSE 14 The Advocate - Fall 2014 www.peiupse.ca

Income Inequality

New studies show strong correlation between declining union density and rising income inequality

For every ten per cent increase in union membership, there would be a projected decline in income inequality between 2.5 and 3 percent. Two recent studies from the United States and the United Kingdom have added to the growing body of empirical evidence that shows a strong correlation between declining union density and rising income inequality.

New research confirms weakening labour has major impact on income inequality

A new research paper prepared by acclaimed U.K. authors and social epidemiologists, Richard Wilkinson and Kate Pickett, shows how the weakening of the labour movement during the last quarter of the 20th century has had a significant impact on the ability of working people to influence their standard of living and quality of life.

Wilkinson and Pickett are co-authors of the award-winning book The Spirit Level that is based on data assembled from thirty years of their research. The book detailed how societies of greater inequality are bad for everyone within them — the rich and middle class, as well as the poor. The authors’ research clearly demonstrated how almost every modern social problem — poor health, violence, lack of community life, teen pregnancy, mental illness — is more likely to occur in societies of greater inequality.

In March 2013, Wilkinson was the keynote speaker at an international conference, “Labour Rights and Their Impact on Democracy, Economic Equality and Social Justice,” organized by the Canadian Foundation for Labour Rights (CFLR), a national organization devoted to promoting labour rights. CFLR was established and is sponsored by the National Union of Public and General Employees (NUPGE).

Income inequality getting worse in Canada!

• Income inequality has been getting worse in Canada, rising at a faster pace than it has been in the U.S.

• The inequality is being driven by what’s happening at the very top of the income spectrum

• The richest of the rich are breaking away from the rest of us

Page 15: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member

UPSE

Unions Matter

The Advocate - Fall 2014 15www.peiupse.ca

Unions are about Fairness! Trade unions have always been about defending the rights of workers on the job; their right to fair pay and treatment. Unions ensure workers have a voice in the terms and conditions of their employment and are not simply dictated to by the employer. This call for fairness for workers extends to the legal framework within which they work; their right to join a union of their choice and collectively bargain. And, unions fight for fairness for workers when they retire to ensure that a lifetime of contribution is acknowledged and rewarded.

Fairness for a society The union movement has fought for fair and equal treatment for all. They were central to the fights for equal pay for women, for same sex benefits, parental leaves, against work-place discrimination based on identity and more. Unions, on principle, demand equal treatment for people regardless of sex, race, creed, sexual orientation and political or religious beliefs. Unions are about people getting a fair share of the wealth of a nation. Reducing the gap between the rich and the rest of us. About giving people a fair shot at the good life. Fairness means that all of us, the rich included, contribute to the wellbeing of all members of Canadian society. That the tax system is fair and impartially administered. It means that unions fight for public services to provide the helping hand to all of us when it is needed. Public services are the great equalizers, they allow people a fair chance at realizing their dreams. And we argue for the need for an economy that is built around fairness. That everyone has a good job. That talented youth are able to develop and utilize their skills the best they can. Public services: We need to keep fighting efforts to turn public services over to corporations for for-profit delivery. Public services should be delivered to people on the basis of need, not on their ability to pay.

Fair wages: Workers deserve to be paid fairly for their work. We know that joining a union is the best way to see improvements in their wages. Governments need to recognize that labour rights are human rights and restore the freedom of workers to form unions and bargain collectively for better wages and benefits.

Retirement security: More than 1.7 million retired seniors are living on the edge of, or in, poverty. Directly related to this is the fact that two-thirds of Canadians do not have a pension plan. It is time to improve the Canada Pension Plan benefits to ensure that every Canadian has an opportunity to retire with security and dignity.

Jobs: Our unemployment rate is unacceptably high. The situation is worse for young workers. It is time for a modern industrial strategy that puts good jobs, people and nature at the heart of our economy. A strategy that recognizes that labour, government and business all have a role in building a fair and sustainable economy.

Tax fairness: Governments have repeatedly told Canadians that there is not enough money to fund public services like health care, education and social services. Meanwhile, these same governments have been giving away billions on tax cuts for profitable corporations and wealthy executives. It is time that everyone paid their fair share of taxes and to maintain and expand those public services that millions of Canadians depend upon.

Unions Matter!

Page 16: Advocate Fall 2014 Fall 2014.pdf · 7. Bully Free Workplace Facilitator Training Karen Jackson reoff ers for Second Vice President Over the years, I have Chaired and was a member