don’t forget about your where’s the respect? …...don’t forget about your driver’s license...

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Don’t Forget About Your Driver’s License In June of this year, the City communicated to all of the Unions about a change in policy regarding driv- er’s licenses. The City appears concerned about po- tential liability should someone be driving without a valid license. Basing their decisions upon several arbitrations, in the future, if an employee is found to be without a valid license, but has not operated City equipment, they will automatically receive first level discipline (Letter of Warning). If an employee is found to be without a valid license and unknowingly operates equipment, they will automatically receive lengthy suspension (two weeks). If an employee is found to be without a valid license and knowingly operates equipment, they will be terminated. Although we can acknowledge that the employer does have a vested interest in ensuring that em- ployees operate City equipment with a valid license, their new approach raises serious questions. First, the imposition of a two week suspension is a significant expansion of third level discipline. The City’s progressive discipline policy outlines the steps of discipline: First step – Letter of Warning; second step – 1–2 day suspension; third step – 3-5 day suspension; fourth step: termination. When questioned, the City did acknowledge that driving without a license would not necessarily be the most serious offence enacted by an employee. Yet, they are now implementing a level of discipline that is substantively higher than for any other workplace offense short of termination. We believe the City’s position to be an unreasonable use of discipline. It is important to remember that the arbitrations the City relies upon were of a specific circumstance, and in no way requires the City to treat each case in such a manner. ISSUE 07, SEPTEMBER 2016 CUPE LOCAL38 | CALGARY, AB cupe38.org 1 Where’s the Respect? Recently, there has been a series of incidents involv- ing the Respectful Workplace policy. The City ap- pears to be taking a much stronger stance of inci- dents that, at one time, would not result in discipline under the respectful workplace policy. There have always been concerns regarding how this policy is enforced. The Union has long standing concerns that the policy is used more as a shield to protect management, while simultaneously used as a club against our members. In other words, a double- standard exists within the organization. A situation arose in which a manager openly re- ferred to staff in a derogatory expletive and over the course of time makes comments about firing people, incompetence of staff, etc. After what appears to be a cursory investigation, the employer determines that these are simply “random acts of frustration” and does not violate any respectful workplace policy. In completely separate incident, one member refers to a situation as “retarded” and issues an expletive, and this results in discipline. There is a growing list of cases where our members are being held to a much higher standard than man- agement. The employer refuses to acknowledge stress as a factor for the actions of Local 38 mem- bers, but is quick to absolve management for “random acts of frustration.” The Union regularly receives calls from our mem- bers highlighting inappropriate language and behav- iour from exempt staff. We encourage everyone to file formal complaints and let the Union know. Stress and frustration are no longer a reason for managers to hide behind, and the Respectful Work- place Policy needs to be applied evenly across the organization.

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Page 1: Don’t Forget About Your Where’s the Respect? …...Don’t Forget About Your Driver’s License In June of this year, the City communicated to all of the Unions about a change

Don’t Forget About Your Driver’s License

In June of this year, the City communicated to all of the Unions about a change in policy regarding driv-er’s licenses. The City appears concerned about po-tential liability should someone be driving without a valid license. Basing their decisions upon several arbitrations, in the future, if an employee is found to be without a valid license, but has not operated City equipment, they will automatically receive first level discipline (Letter of Warning). If an employee is found to be without a valid license and unknowingly operates equipment, they will automatically receive lengthy suspension (two weeks). If an employee is found to be without a valid license and knowingly operates equipment, they will be terminated. Although we can acknowledge that the employer does have a vested interest in ensuring that em-ployees operate City equipment with a valid license, their new approach raises serious questions. First, the imposition of a two week suspension is a significant expansion of third level discipline. The City’s progressive discipline policy outlines the steps of discipline: First step – Letter of Warning; second step – 1–2 day suspension; third step – 3-5 day suspension; fourth step: termination. When questioned, the City did acknowledge that driving without a license would not necessarily be the most serious offence enacted by an employee. Yet, they are now implementing a level of discipline that is substantively higher than for any other workplace offense short of termination. We believe the City’s position to be an unreasonable use of discipline. It is important to remember that the arbitrations the City relies upon were of a specific circumstance, and in no way requires the City to treat each case in such a manner.

ISSUE 07, SEPTEMBER 2016 CUPE LOCAL38 | CALGARY, AB

cupe38.org 1

Where’s the Respect?

Recently, there has been a series of incidents involv-ing the Respectful Workplace policy. The City ap-pears to be taking a much stronger stance of inci-dents that, at one time, would not result in discipline under the respectful workplace policy. There have always been concerns regarding how this policy is enforced. The Union has long standing concerns that the policy is used more as a shield to protect management, while simultaneously used as a club against our members. In other words, a double-standard exists within the organization. A situation arose in which a manager openly re-ferred to staff in a derogatory expletive and over the course of time makes comments about firing people, incompetence of staff, etc. After what appears to be a cursory investigation, the employer determines that these are simply “random acts of frustration” and does not violate any respectful workplace policy. In completely separate incident, one member refers to a situation as “retarded” and issues an expletive, and this results in discipline. There is a growing list of cases where our members are being held to a much higher standard than man-agement. The employer refuses to acknowledge stress as a factor for the actions of Local 38 mem-bers, but is quick to absolve management for “random acts of frustration.” The Union regularly receives calls from our mem-bers highlighting inappropriate language and behav-iour from exempt staff. We encourage everyone to file formal complaints and let the Union know. Stress and frustration are no longer a reason for managers to hide behind, and the Respectful Work-place Policy needs to be applied evenly across the organization.

Page 2: Don’t Forget About Your Where’s the Respect? …...Don’t Forget About Your Driver’s License In June of this year, the City communicated to all of the Unions about a change

cupe38.org 2

Wellness 101:

Tips for managing stress Coming back to work after the summer months can be a chal-lenging time. The changing season often comes hand in hand with new responsibilities and tighter schedules at both work and home. Coping with increasing demands – and stress – on the job, while also managing extra-curricular commitments, can often leave you feeling burned out and overwhelmed. Although a certain amount of stress at work is normal, experi-encing constant or elevated stress can become toxic to your overall health and wellbeing and can be a workplace hazard. Here are some steps you can take to reduce your workplace stress: (Source: Enough Workplace Stress: Organizing for Change)

Do: Start work on time and leave work on time. Take your breaks and full meal break allotment to give

yourself time to recover Report stress hazards

Don’t: Work beyond your means, or at an unreasonable pace Work unpaid overtime Ignore the health and safety effects of stress, or suffer in

silence

For tools and resources, or to learn more about work-place stress, visit cupe.ca/stress

There is a cure for those

Summertime Blues

Summertime is drawing to a close as we enter into the fall season. With school back in session, many people have finished off vacation. We often get many questions regarding vacation accruals and vacation banking. Lately, we have received a number of calls inquiring as to what may happen if someone does not take all their vacation --- can the employer implement a poli-cy of “use it or lose it”? Vacation is covered by both the collective agreement and legislation. There is no circumstance in which an employee can lose vaca-tion. To be clear, “use it or lose it” vacation policies are illegal in Canada, unlike some jurisdictions in the United States. Alberta Employment Standards sets out the mini-mum vacation entitlement: 2 weeks after each of the first four years and 3 weeks after 5 consecutive years. The Union has negotiated a greater entitle-ment, which is outlined in article 201 of the collec-tive agreement. In most cases, members receive a greater entitlement to vacation than provided by law. A member has the option of banking vacation in cer-tain circumstances. Article 202 outlines how this is done. It is important to note that, prior to any bank-ing of vacation, an employee must take the minimum legislated vacation (outlined above) in time off. This is to ensure that everyone has a certain amount of time away from work, and cannot be denied time off. These provisions in the collective agreement are ex-tremely important. We are hearing more and more that time away from work to ensure a healthy work life balance is crucial to our members. There is in-creasing evidence to support that vacation time pro-vides for higher productivity, stronger workplace morale, greater employee retention, and significant health benefits. Simply put by an economist, leaving earned days on the table harms, not helps, employ-ers by creating a less productive and less loyal em-ployee. So, the best way to ward off those post-summertime blues is to take vacation!

Don’t Forget About Your Driver’s License Continued from Page 1

Second, the issue between determining knowingly and unknowingly is highly subjective, and will likely lead to inconsistent and arbitrary imposition of disci-pline. It is likely this inconsistency will increase over time, creating additional conflict between our mem-bers and management. The City is aware that Local 38 does not agree with their approach regarding this issue. We have indi-cated to the City that we reserve the right for a mem-ber to grieve this new system of discipline should it be imposed. Until such time, we do recommend that everyone ensure that they keep their driver’s license up to date.

Page 3: Don’t Forget About Your Where’s the Respect? …...Don’t Forget About Your Driver’s License In June of this year, the City communicated to all of the Unions about a change

cupe38.org 3

THOUGHT FOR THE MONTH

To get through the hardest journey we need take only one

step at a time, but we must keep stepping

Chinese Proverb

Connect with CUPE 38

Email: [email protected]

Phone: 403-233-2700

In-person: 1439 - 9th AVE SE, Calgary, AB T2G 0T4

Online: cupe38.org

Local 38 Supports Labour Day Weekend Events

Labour Day weekend is the last long week-end of the summer and the final chance for families to get away camping or possibly host a BBQ for friends and neighbours. For many labour activists this year in Calgary, Labour Day weekend was the busiest week-end with many events happening around the City. CUPE 38 is affiliated with other labour organizations that host and participate in some of these events, and they are always looking for volunteers. On Sunday, September 4, our city hosted the Annual Pride Parade. This event has seen participation increase every year since its inception in the late 90’s, and this year was the biggest yet. With 125 entries and approximately 60,000 spectators, Calgary was alive with rainbows. This year was special for CUPE members, as it was the first year that CUPE Calgary District Council (CCDC) en-tered a float in the parade. Members from CUPE 38 and other CUPE locals walked with the float, car-rying flags and handing out SkittlesTM. Our intention is to enter this event again next year, and as with the parade, we plan to get bigger and better each year. CUPE has a long history of fighting for equality and we will need more volunteers next year to decorate and escort the float, so come help show the world how CUPE members support diversity, inclusion and equality! On Monday, September 5, the Calgary and District Labour Council (CDLC) hosted the Annual Labour Day BBQ at Olympic Plaza. This is an event that involves many different Unions and Labour Councils

coming together to show support for Calgarians of all walks of life. There was free food, drinks, music and ice cream, as well as a free book table hosted by CUPE Locals represented by Librarians and the Public School Board. This year we celebrated the 8th year of this event and participation has in-

creased each year. This event is important for many unemployed and underemployed Calgarians, as many are in the middle of personal struggles and the event allows the Labour community to reach out

to them to show support. CUPE 38 shows their support for this cause with volunteers and providing face painters to entertain the little ones. For next year, we will be encouraging all members to partici-

pate and showcase CUPE in the Community.

Page 4: Don’t Forget About Your Where’s the Respect? …...Don’t Forget About Your Driver’s License In June of this year, the City communicated to all of the Unions about a change

Get involved!

REGULAR MEMBERSHIP MEETING All CUPE 38 Members Invited to Attend

When: Tuesday, September 27, 2016

at 7:00 p.m.

Where: CUPE 38 Office

1439–9 Avenue SE

Business: Regular & Elections

A by-election will be held for

Recording Secretary—Term to April 2017

Elections:

1. Two (2) members to the Occupational Health & Safety Committee

2. One (1) member to the Public Relations & Education Committee

3. One (1) member to the Social Committee

4. Three (3) members to the Equal Opportunities Committee

5. One (1) delegate to CUPE Calgary District Council

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