2012 Budget and OPS collective bargaining

2,959 views
2,908 views

Published on

Published in: Business, Health & Medicine
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
2,959
On SlideShare
0
From Embeds
0
Number of Embeds
2,543
Actions
Shares
0
Downloads
3
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

2012 Budget and OPS collective bargaining

  1. 1. 4/18/20122012 Ontario Budget • In the 2011 Budget, the downsizing of the public service (OPS and BPS combined) resulted in per capita program spending at around $8,560, which is the lowest among the provinces and 11% below the average program spending across the other nine provincial governments. 2 1
  2. 2. 4/18/20122012 Ontario Budget • Ontario delivers government services with the lowest number of public service employees at 7.4 per 1,000 of population • This is lower than any other province or the federal government. • But it’s not enough! 32012 Ontario Budget • In the 2011 Budget, the government put the emphasis on deficit reduction, largely on the backs of the OPS and the Broader Public Service, and this theme continues in the 2012 Budget. • Central to the government’s plan to balance the budget by 2017/2018 is “strong action to manage current and future compensation costs”. 4 2
  3. 3. 4/18/20122012 Ontario Budget and its Implications for Bargaining • The Budget states that to ensure that the fiscal goals are met, the deficit is eliminated and that key services such as Health and Education are preserved, collective bargaining has to be linked to the sustainability of public services. 52012 Ontario Budget and its Implications for Bargaining • The Budget targets three key sets of negotiations in 2012: – the education sector – Teachers and education workers – Ontario Doctors (OMA) – Ontario Public Service, specifically OPSEU and AMAPCEO 6 3
  4. 4. 4/18/20122012 Ontario Budget and its Implications for Bargaining • While the Budget’s wording is rather vague and opaque, there are two conclusions we can draw from it: – No money will be brought to the table. – The Budget is based on no increases in compensation in collective bargaining. 72012 Ontario Budget and its Implications for Bargaining • In his budget speech, Duncan stated that the government respects the collective bargaining process and its public-sector partners. • Duncan also stated in his speech that they are “prepared to propose the necessary administrative and legislative measures to protect the public from service disruptions”. 8 4
  5. 5. 4/18/20122012 Ontario Budget and its Implications for the OPS • The government repeated its commitment to a further reduction of the OPS by 1,500 positions starting April 2012 and to be completed by March 2014. • 1,000 of these positions have already been identified • However, the government states that this reduction of the OPS will not compromise essential front-line core services. 92012 Ontario Budget and its Implications for the OPS • The Budget document is purposely vague • It is the enabling legislation that will be tabled over the coming months that will make the government’s intentions clear 10 5
  6. 6. 4/18/2012OPS Bargaining - Timelines • Local Demand Setting Meetings to be completed by May 25 • Results of Local Demand Setting meeting (including election results) to be submitted to the Regional Offices by June 4 • Regional Bargaining Conferences on June 9 (Saturday) • Central Bargaining Conference on June 23 (Saturday) 11OPS Bargaining – Timelines (cont’d) • Team training – September 10 – 14 • Team begins to formulate bargaining proposals • Notice to bargain – October 1 • November 5 – bargaining begins! • While this is happening , OPSEU begins the process of assembling Essential/Emergency Services (EES) agreements from previous round of bargaining for follow up by locals 12 6
  7. 7. 4/18/2012OPS Bargaining – Timelines (cont’d) • If required, teams may present Essential/Emergency Services (EES) agreements to employer beginning December 14 • December 31 – Collective Agreement expires • If no deal by December 31, the Team will review and present EES proposals to the employer in January 2013 13OPS Bargaining – Suggested Demands for Bargaining Ask yourself the following questions: • What changes to the collective agreement will protect public services for Ontarians? Our contract should be a barrier to dismantling public services. • What are the greatest threats to my job? • What can we take to the table that will prevent the employer from dividing and conquering us? • What action am I willing to take? 14 7
  8. 8. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining • This will be a tough round of bargaining • Every round of bargaining is challenging • We need to position ourselves so our collective agreement protects public services 15OPS Bargaining – Suggested Demands for Bargaining People rely on public services. And public services rely on the people delivering them getting a fair contract. These are demanding jobs, and …the people doing them should be treated fairly – nothing more.” Toronto Star, February 2, 2012 16 8
  9. 9. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Job Security • Based on our experience working with Article 20 and its attendant appendices, it has become apparent that the OPS job security language is not working for our members. • As of February 2012, 24.7% of surplussed members have found permanent assignments. This is an increase from the 18% placement rate in November 2011, but there is still plenty of room for improvement. 17OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) • In addition, unlike previous rounds of layoffs where the majority of surplussed employees elected to take their severance packages and leave the OPS, now the majority of surplussed employees are electing to stay with the OPS, putting additional pressure on an already flawed system. 18 9
  10. 10. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Improve language regarding contracting out, and the use of contractors and agency staff 19OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Revert back to Ministry-driven process, rather than HROntario •Experience has shown us that that in the past when the Ministries were responsible for the redeployment and displacement of their own employees, we had a much higher placement rate for surplussed employees than we do now with the HROntario OPS-wide process. 20 10
  11. 11. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Reduce the ability of front-line managers to veto an employee who is redeploying or displacing into their work unit •The employer needs to regain control of the process •Barring that, the ministries should be held accountable for the authority which MGS has abdicated 21OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Replace “qualified” with such wording as “minimally qualified” or “entry level requirements” •Article 20.3.1 (c) has the term “qualified” as the requirement for placement into a regular vacancy and it is the same requirement for displacement and for the temporary assignments of Article 20.8 and Appendix 40. •The OPS and GSB have interpreted it to mean “fully”, e.g. no training, only orientation, required which further restricts our ability to place surplussed employees. 22 11
  12. 12. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Before any pre-notices are issued, solicit early retirements and voluntary exits from more senior employees. •Voluntary layoffs can reduce displacement and redeployment, which in turn reduces the number of actual layoffs 23OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •The current VEO language (Article 20.7) does not work, largely because Article 20.7.6 disallows anyone who can qualify for an actuarially unreduced pension to take a VEO •Early retirements and VEOs have been used successfully in other public sector collective agreements, such as the Central Hospital agreements 24 12
  13. 13. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Allow job trades (Article 10.3.2) for Article 20 •Similar to Article 20.7, job trades would allow those employees who wish to leave the OPS an opportunity to do so, while reducing the number of redeployments and displacements 25OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Surplus Factor 80 •If we are unable to renew Surplus Factor 80, allow those employees who received their surplus notices after June 30, 2012 to access Surplus Factor 80 if they achieve SF80 during their 6 month notice period, even if their notice period ends after December 31, 2012 26 13
  14. 14. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Surplus Factor 80 (cont’d) •At present, anyone surplussed after June 30th wont be "laid off" by December 31st •For example, if you are surplused on October 1, 2012 and reach your SF80 on October 15 or even have already passed your SF80, you wont be "laid off" by December 31 and therefore have no access to SF80. 27OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Strengthen Paragraph 2 of Appendix 40 (which is tied to Article 19) •Paragraph 2, which deals with Temporary Vacancies, is much weaker than Article 20.8 •Ministries “shall” consider, rather than “encouraged” to consider employees for temporary assignments •Lower the threshold of 50 layoffs in a program or service 28 14
  15. 15. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Enhance technological change language (Article 20.14.1) •With any introduction of technological change, the employer will pay for the training •The employer to give advance notice of technological change to allow the parties time to plan training and up-skilling of employees 29OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Conditional Assignments •The Conditional Assignments language in Appendix 40, Paragraph 7, allows for conditional assignments for 5 months, while Article 20.12 only allows for conditional assignments in the last month of the notice period •The Article 20.12 language has resulted in no placements 30 15
  16. 16. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Job Security (cont’d) •Conditional Assignments (cont’d) •When the displacement occurred at the end of the 4th month, immediately followed by the conditional assignment period it was more meaningful. The commencement of the conditional assignment period need not wait until after displacement if we moved displacement back to the second last week of the notice period, as it was in the early 1990s. 31OPS Bargaining – Suggested Demands for Bargaining Other provisions of the Collective Agreement • Strengthen Training & Development language (Appendix UN3, Appendix COR6) • If there are no dollars attached to training & development, the language is not helpful to our members 32 16
  17. 17. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Other provisions of the Collective Agreement (cont’d) •Work Arrangements •Workload – Strengthen Appendix 30 language •Flexible Hours of Work – Enhance and strengthen Appendix 42 – Put template in agreement – Remove employer’s ability to unilaterally cancel such agreements 33OPS Bargaining – Suggested Demands for Bargaining Other provisions of the Collective Agreement •Work Arrangements (cont’d) •Tele-work – MGS is telling the ministries that Telework agreements require the agreement of the union (like CWWs). However, there is no CA language. – Incorporate language in agreement that tele-work agreements expire with “No Board” report 34 17
  18. 18. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Other provisions of the Collective Agreement (cont’d) •Students •The government has always exempted itself from providing certain provisions of the Employment Standards Act to direct government employees, including percent in lieu of vacation and holidays. •For most employees, this does not matter as the collective agreement is superior to the ESA, but in the 2008 round of bargaining, the employer informed OPSEU that it was ending its long-standing practice of paying percent in lieu of holiday and vacation pay to students. 35OPS Bargaining – Suggested Demands for Bargaining Other provisions of the Collective Agreement (cont’d) •Students (cont’d) •It is shameful that an employer that prides itself on being an “employer of choice” should treat its student employees in such a shabby fashion. •Therefore, we are proposing the following amendments: – % in lieu of vacation and holidays – Supply uniforms on same basis as permanent staff – Students to be paid at same rate of pay as regular staff 36 18
  19. 19. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Other provisions of the Collective Agreement (cont’d) •Union Time •Add leave for miscellaneous reasons •Allow MERC chairs to use Article 23.9 paid time off for MERC business 37OPS Bargaining – Suggested Demands for Bargaining Other provisions of the Collective Agreement (cont’d) •Mass Centralized Recruitment (Appendix 39) •Define the 12 month period in paragraph (a) as beginning the closing date of the job posting •The employer’s position is that the 12 month period starts at the assignment date of the last successful applicant in the first round – this is too confusing! •The closing date of the job posting is more easily defined 38 19
  20. 20. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Health & Safety Precautionary Principle • A commitment that the employer not wait for scientific certainty before taking preventative action to address issues that cause psychological or physical harm to workers • Or even more simply, to err on the side of caution 39OPS Bargaining – Suggested Demands for Bargaining Health & Safety (cont’d) Musculoskeletal disorder (MSD) prevention > Employer in consultation with the joint health and safety committee and/or health and safety representative to develop a program and measures and procedures to prevent musculoskeletal injuries 40 20
  21. 21. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Health & Safety (cont’d) Bullying and Harassment > That the employer prevent bullying and harassment in the workplace 41OPS Bargaining – Suggested Demands for Bargaining Health & Safety (cont’d) •Recognition and Prevention of Psychosocial Hazards •Employer to work with Joint H & S Committees and H & S Representatives to prevent mental distress from work factors •A commitment to recognize and prevent aspects of work that cause physical or mental harm to workers 42 21
  22. 22. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Health & Safety (cont’d) •Scent Awareness Policies •The employer, in consultation with Joint H & S Committees or H & S representatives, shall develop awareness policies regarding fragrances and other scented products in the workplace 43OPS Bargaining – Suggested Demands for Bargaining Health & Safety (cont’d) • Technical Advice to Joint Health and Safety Committees and health and safety representatives • Occupational Health Clinics for Ontario Workers (OHCOW) is a recognized and competent source for expert advice on technical issues such as ergonomics or occupational hygiene and is useful to employers, workers, JHSCs and health and safety representatives 44 22
  23. 23. 4/18/2012OPS Bargaining – Suggested Demands for Bargaining Health & Safety (cont’d) Workers Health and Safety Training • To be provide by the Worker Health & Safety Centre (WHSC) • WHSC is the agreed upon provider of health and safety training for the OPS 45 23

×