Update from DIVEX December 15, 2017


Below is a message from our Divisional Executive Chair, Denise Davis. The information was shared with Local Presidents on December 15, 2017.

The Provincial Labour/Management Committee

The Provincial Labour/Management Committee has met with the Employer twice this year since bargaining wrapped up with the most recent meeting on December 8, 2017. The meeting minutes have been approved and agreed upon for the September 26, 2017 and before. We have asked that those minutes be sent out immediately and posted in all workplaces no later than next Monday. If you don’t see minutes posted in the “workplace” please notify me.

 

CSR Wage Grid Challenges

The Grid Challenge Review Committee who consists of Denise Davis, Jennifer VanZetten, Colleen MacLeod, Jeff Weston (OPSEU Negotiator), Neil Lenihan (LCBO) and Arthur Roberts (LCBO) last met on December 6th  to continue the reviews. We have received over 800+ challenges from the grid placement and those members who sent in challenges which have been reviewed are being sent letters individually. We have been alerted that some member’s challenges have been reconciled and have received retro payments before they received their letters advising them of the outcome. If any of those members need to clarify their “payment” they should contact the appropriate Payroll department in their area.

Other members have been sent a request for more information. This is very important that individuals gather up as much supporting information that they have to support their challenge. This could include Pay Stubs, Pension statements, WSIB letters and dates and times of when hours were possibly missed. We need this supporting information to provide to the Employer to support their position. If we have a challenge that does not provide evidence to support their hours dispute with the Employer and members require more time to respond back to the Grid Challenge Review Committee they can then call Jeff Weston at 1-800-268-7376 or email him at jweston@opseu.org.

Very Important:

As Retail CSR members are now on an hour based merit system it’s important each person tracks all of their hours using their paystubs and schedules as verification. We don’t want you to miss out on any wage increases.

Tasting Hours

The Employer has confirmed that a Pilot Project has begun in approximately twenty stores so far. The Union has asked what qualifications are needed and how will our members get this opportunity. They are looking into how required training can be rolled out and they plan to have a program in place by April 2018. This item continues to be discussed at the PLMC meeting.

 

Scheduling

We continue to have scheduling discussions with the Employer. The last update below still stands plus see further updates.

 

  • PFT Sunday complement (including holiday weekends) – The Employer has the right to determine complement on any day of the week. This means the LCBO can set a mandatory requirement for PFT to work on a Sunday over a long weekend. However, the scheduling is first voluntary and failing sufficient volunteers, is rotational based on reverse seniority from the previous week of forced scheduling. In addition to this issue, the employer has taken the position that they no longer need PFT on Sundays unless it is a long weekend. The Union greatly opposes this view, especially since the LCBO argued the need for PFT on Sundays for the last 9 months, and stood firm that at minimum 1 PFT should be required each Sunday. We have challenged the LCBO on their position and are encouraging PFT’s to grieve if they volunteer for a Sunday and are denied or if they are next on the forced scheduling list but were not because the employer determined they didn’t need any PFT.

In addition to the “above” which still “stands” the Union continues to the enforce the fact that PFT should be entitled to volunteer for Sundays that aren’t just on long weekends. That the employer does in fact and has in the past required PFT to work on Sundays. That the employer is assigning a casual an eight hour shift , but zero PFT complement is required.  We have had to make a second request o the Employer that they supply us with Store Schedules for our review. This second request was made last Friday at the PLMC meeting. Also, if you do volunteer for Sunday work you are entitled to two consecutive days off. We advised the Employer last Friday that this isn’t being honoured and it should be. We were told to provide them with Managers/Stores that aren’t doing this, so please let us know this information.

 

  • Weekly same shifts (morning or afternoon) – The work week in retail starts on a Sunday each week and this past round of bargaining we negotiated language (7.14(b)) which states that scheduled shifts for the week, in double shift stores, shall be the same (i.e. morning shifts or afternoon shifts). Bouncing around between day and afternoon shifts should no longer be happening. If you find yourself in this situation, due to regular scheduling, then you should grieve.

 

The above position has not changed.

 

  • Full weekends off – The new CA language (7.4(a)(v)) is clear that PFT cannot be scheduled for a Sunday when they are regularly off on the Saturday. This ensures PFT’s have a full weekend off. However, if you volunteer for a Sunday, after the schedule is posted, this doesn’t violate the weekend off provision because the volunteer was after the schedule was posted. If it was prior to the schedule being posted, a Saturday off will not count as one of the 17 because doing so would violate the CA.

The above position still stands.

The Ontario Cannabis Act (Bill 174)- December 12, 2017

The Ontario Cannabis Act (Bill 174) was passed by the government on December 12, 2017. “The Unions position continues to be that we need to negotiate a labour agreement and are ready to do so with”. Members can refer to the NEW Letter of Agreement in the LBED MOS.

The Division continues to pursue the Cannabis work and labour workforce with the employer. Updates will be shared when we receive any further information.