2018 Information from the DIVEX

FINAL- DivEx Minutes February 20 & 21, 2018

FINAL – DivEx Minutes CLOSED as of February 21, 2018

 

This has been sent to all local presidents from our Divisional Executive

Bill 148 Fair Workplaces, Better Jobs Act 2017 and the Employment Standards Act (ESA) changes

 

On February 6, the LCBO released a memo to retail employees outlining their stance on the recent changes to the Employment Standards Act, through Bill 148. The Union discussed the memo, and the impacts on the workers, at the Provincial Labour Management Committee meeting that day. In many aspects, the LCBO’s stance is in line with OPSEU’s view on the changes, but not everything.

 

In addition it should be noted that many of the changes are already covered by your collective agreement, which means the employer is in compliance with some of the legislated changes, such as minimum wage, Family Day, 3 weeks’ vacation (or percentage in lieu) after 5 years of employment, etc. There are some provisions of Bill 148 that don’t become enforceable until January 1, 2019 such as on-call and schedule change protections. Those items will be discussed between the Union and LCBO in the coming months.

 

We do want to shed a light on some of the changes that are in place now such as Sunday work, Personal Emergency days and additional leaves.

 

Refusal of Sunday Work:

LCBO is now covered by and must adhere to the ESA. This means that provisions of the Act which previously were exempt from enforcement are now enforceable. One such change is the ability to refuse Sunday work. Any Employee who was hired prior to September 4, 2001 is entitled to refuse working on a Sunday, provided they inform their manager in writing. Any employee hired September 4, 2001 onward is unable to refuse Sunday work, unless at the time of employment, there were not told Sunday was an expected day or work for them. If the ability to refuse Sunday work applies to you, please discuss with your manager in writing you intent to not work on a Sunday.

 

Personal Emergency Leave (PEL):

Bill 148 has enhanced the Personal Emergency Leave entitlement to include 2 paid days. Every LCBO employee is entitled to 10 days of Personal Emergency Leave. The enhanced changes in Bill 148, now include that the first two (2) days are with pay and the employer cannot ask for a physician’s note for these days. The LCBO has taken the position that the 2 paid days don’t apply to PFT, PPT or Seasonal employees (Logistics) because there are enhanced paid leave provisions in the CA. OPSEU does not agree. We have told the employer that our opinion is that the 2 days leave with pay are an entitlement afforded to all employees because those two leave days are not bound to just illness.

 

 

 

Please see the definition of when and how you may use this leave, which is taken from the Ministry of Labour website;

 

Reasons a personal emergency leave may be taken

An employee who is entitled to personal emergency leave can take up to 10 days of leave each calendar year due to:

  • personal illness, injury or medical emergency
    or
  • death, illness, injury, medical emergency or urgent matter relating to the following family members:
    • spouse (includes both married and unmarried couples, of the same or opposite genders)
    • parent, step-parent, foster parent, child, step-child, foster child, grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse
    • spouse of the employee’s child
    • brother or sister of the employee
    • relative of the employee who is dependent on the employee for care or assistance

 

Should the need arise to use your Personal Emergency leave for as outlined in the Act, for example a flooded basement, car accident please ensure to mention to your manager if you have not utilized your first two days with pay yet. You should be getting paid.

 

New Leave Provisions:

 

The changes in Bill 148 have included a collection of new leaves, which the LCBO agrees members are entitled to access. These leaves are Domestic or Sexual Violence Leave, Child Death Leave, Crime-Related Child Disappearance Leave and Critical Illness Leave.

 

Ongoing Discussions

 

As discussions between OPSEU and the LCBO continue on your Employers current compliance with the Act and the upcoming changes for 2019, we will keep you informed. As always, please ensure to discuss the Bill 148 changes with your staff rep to ensure that your entitlements are being recognized.

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Bill 148 update- attached

 

Jeff Weston has prepared an update for all of you regarding Bill 148 Fair Workplaces, Better Jobs Act 2017 and the Employment Standards Act (ESA) changes. The Bill 148 information will be shared in the upcoming Echo also.

CSR Grid Challenge meetings

Further to our past updates the Joint Review committee continues to meet and had meeting dates this month on March 7,8,9 and will meet again on March 19,20,21 and again next month on April 11,12 and 13 to continue to review every employee’s challenge form. This has been a very long process of which we are carefully investigating each employee’s complaint in detail and we are definitely making every effort to get the work completed and the letters sent out to the individual members as soon as possible. Every employee will receive a letter in response to their challenge.

LBED caucus at the OPSEU convention

Our caucus will be held on Thursday April 19th during the OPSEU convention lunch hour. Please encourage all of your Local representatives to come and join us. Your full Divisional Executive and the LBED Negotiator will be there to present reports and answer questions.

Local Elections

It is necessary for the Division to send out LBED updates to all Local Presidents so we do request that all locals send in their election results to both Colleen (lbedsecretary@rogers.com ) and myself (denise.davis@rogers.com) so we can keep an updated and current list of Local contacts. If you have sent this information in we thank you.

Provincial Labour/Management Committee- carried over from last update

The Provincial Labour/Management Committee last met on February 6, 2018, those minutes are still in draft form and we are waiting for the approval to post the December 9, 2017 meeting.

 

Items that we continue to discuss are performance appraisals and completing them on time, engagement teams and engagement surveys, E commerce, the scheduling of grievance meetings during working hours only not on a member’s own time, Incident reporting and the time needed to complete the report, PLMC minutes and RLMC minutes completed and approved much faster, Post and Fill job postings, , Sunday work in Retail, Uniforms, French Language Service information and the staffing of stores, In Store tasting hours continue to roll out and the program has already started in some stores.

Cannabis we have been told that the Cannabis organization will be separate from the LCBO, it has its own Board of Directors, the LCBO has stated they are NOT the Employer for the new organization and they will continue to follow the government directives (this discussion continues), a third party warehouse was utilized over the Christmas rush that we objected to and a policy grievance was filed, click and collect roll out, staffing in stores  is always a standing item and  at our December meeting the Employer brought back that they would be rolling over successful fixed term staff (this discussion continues), requesting that the CSR hours worked be flagged on the paystubs and we discussed the extended hours of work in December. Please watch for the next approved December 9, 2017 meeting minutes for a complete reference on all of the discussions so far.

Future Regional Labour/Management dates for 2018

(Here are the future dates that I have received so far from the committees)

  • Eastern Regional Labour/Management
  • May 23 September 14             November TBA

 

  • Western Regional Labour/Management
  • May 17 August 21        October 15

 

  • Head Office Labour/Management
  • May 9 September 5               November TBA

 

  • Durham Warehouse Labour/Management
  • April 12 June 20                        September 13             November 14

 

  • Central Region Labour/Management
  • May 14

 

  • Ottawa Warehouse Labour/Management
  • May 29 August 15             November 21

 

  • Northern Region Labour/Management
  • May 9 September 6               November 1

 

  • London Warehouse Labour/Management- TBD

Update from DIVEX – January 15, 2018

Below is an update from the chair of the  Divisional Executive January 15, 2018

The Provincial Labour/Management Committee meeting

Our next Provincial Labour/Management Committee meeting is on February 6, 2018. We have attached the last set of minutes that have been approved for your reference. Can you please check to see if the minutes have been posted in all the workplaces and let us know if they aren’t?

CSR Wage Grid Challenges

The committee who consists of Denise Davis, Jennifer VanZetten, Colleen MacLeod, Jeff Weston, Neil Lenihan (LCBO) and Arthur Roberts (LCBO) last met on January 9 & 10 and we have one more meeting date this month on January 24th. . We also have confirmed meeting dates for February which are February 7, 8, 12,13 and 14th. Rest assured that we are committed to getting this completed as soon as possible and as each challenge is reviewed a letter is sent out to the member to their store. These letters are in a sealed envelope and are delivered directly to the member via their Manager.

NOTE: Please see the attached most recent update sent to CSR’s.

Progressing on the CSR Grid

As Retail CSR members are now on a hour based merit system it’s important that each member track all of their hours using their paystubs as verification. We don’t want anyone to miss out on any wage increases. The Union had been challenging the fact that the employer didn’t have a proper system to track member’s hours. Please see the attached update showing that the system has been automated to do this now but for complete accuracy always keep track of hours using the pay stub as a backup.

LBED Local Elections

It’s the end of the two year term for Locals within LBED and we would like to thank everyone who runs for a position and who have held positions for the last two years. The Division does need to have accurate and updated information when your elections are held therefore please send that along to us when your elections are completed. Again thank you very much for your commitment to helping others.

Bill 148 and how it applies to our Division

All Divisions in OPSEU were told in December that OPSEU would be reviewing the changes from Bill 148 and that they would be giving a report to each Division on how the changes would apply to them. The Division has been asking for these updates and the Officers of the Division had a conference call with our Negotiator and OPSEU Supervisor the middle of last week. We haven’t received anything official to date and once we have this information we will share it with the Locals. The delay on getting this information that will clarify how the changes affect us has definitely been a huge concern but we do need accurate information, therefore please stand by so that we can get the same information together. 
We have advised the Employer that we will be meeting with them soon to go over the changes.

In Solidarity,

Denise Davis

LBED Chair

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.

Update from the DIVEX

September 24, 2017

The information below was sent out via email from the chair of our division Denise Davis. This is the items that will be discussed by Denise Davis at the next Provincial Labour Management meeting on September 26, 2017

 

Employment Equity Committee

We are pleased to announce that Leslie Gagnon of Local #683 and Billie Bridgewater of Local #162 were the successful applicants for the two positions on the committee. A big thank you to all of the members who applied.

The Provincial Labour/Management Committee

The Provincial Labour/Management Committee is meeting face to face with Management on September 26, 2017 to discuss the following items. The Bargaining team has been asked to attend this meeting only along with Shawn Swayze the Regional Labour/Management Chair for the Western Region. After this meeting the rotation of the Regional Chairs will continue.

MOS Benefits improvements

The Union was made aware that members weren’t getting their bargained benefit increases reimbursed by Manulife. We did the research and followed up with the employer. You should have seen the update on that issue on the last LCBO Benefit Bulletin that was sent out. In addition, there was a Manulife policy change on approved osteopath associations, which we are aware will affect some of you. The LCBO is suggesting that if you are affected by this change, you contact the approved osteopath associations and see if they can locate a practitioner in your area. Please note the change in osteopath recognition was not a negotiated change and is solely an internal Manulife policy which affects all plan holders under Manulife, not just the LCBO.

There was also a concern with Logistics facilities managers still demanding a receipt for meals. This was something we addressed in bargaining so we challenged the employer on that members do not have to provide a meal receipt when working overtime. This situation is now resolved and no receipts should be required.

CSR Wage Grid Challenges

We have received over 800+ challenges from the grid placement and the task of sorting through them and reviewing each case on its individual merits is taking some time. We met with the employer in July to set up a process for reviewing each challenge and ensuring that there is consistency in the determinations. From there, the parties started the review, with the union holding caucus dates to help speed up the process in August. Both parties will meet again at the end of this month on September 29th to continue the reviews and hopefully make some determinations. We do appreciate your patience on this issue as we want the challenges reviewed properly.

Tasting Hours

Despite promises from the LCBO to return tasting hours (approximately 100,000 hours per year) to bargaining unit staff, we have not seen any action yet. We have the challenged that the hours need to be turned over to the bargaining unit staff immediately. We are continuing to keep the pressure on the employer to keep us informed on when they expect the hours will be returned to the bargaining unit and what the breakdown of the hours and locations will be.

Scheduling

We continue to challenge scheduling as it seems to be all over the map. We have heard from all over the province about the various scheduling issues and how the employer doesn’t seem to follow the new CA. We have challenged the employer on these issues and are considering all the avenues available to us to address these matters, if the LCBO doesn’t fix them.

Some of the most pressing issues reported, including the Union’s position, are:

  • Casual 6 day work week – The language clearly states that casuals are to be scheduled for 6 day work weeks starting with ratification. This means that all casuals should have a regularly scheduled day off unless they volunteer for an additional day that week.
  • 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.
  • 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)) the 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.
  • 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.

We are working to resolve the above issues, but in the meantime, members are free to file grievances for violations of the CA. Please speak to your staff rep before filing to ensure you have the right articles. We continue to review the issues with the unforeseen work and the fixed term/agency workers.

Government Announcement- Cannabis Act and the proposed approach to retailing cannabis through a government-operated Crown corporation model

As you know George Soleas sent out a memo to LCBO staff on September 8, 2017 regarding the government’s proposed approach to add a new facet to the overall operations of the LCBO. This communication will be reviewed at the next PLMC meeting on September 26, 2017. The Division has asked for clarification but to date our questions have not been answered. Updates will be shared when we receive any further information.

 

 

 

Information Pickets

Opseu locals across the province are holding information pickets. You can see a list of dates and locations at the following link

https://opseu.org/lbedbargaining

Local 376 is also having a picket. It will be on June 1, 2017 from 1130 to 330 pm. The picket will be held at store 346 in Woodbridge. The address is 7850 Weston Road (corner of Weston Road and Highway 7)

The more members that attend the better. This picket is to inform the public of our bargaining issues. The following information has been sent out by OPSEU as to what to say when picketing.

Key messages on “A Better LCBO”
  • The Liberal government and the LCBO are pushing a privatization agenda that is threatening to replace LCBO jobs with Walmart jobs.
  • The people of Ontario built the LCBO, paid for the LCBO, and own the LCBO. We’re not going to let the Liberals destroy it. We’re working to save the LCBO – not just the LCBO we have, but the better LCBO we know is possible.
  • OPSEU members who work at the LCBO are holding pickets across Ontario to ask the public to support our plan for “A Better LCBO.” This means:

On casual work

  • LCBO management keeps hiring more casual workers, and scheduling them for short shifts. Now 84 per cent of retail workers are in temporary positions with no guaranteed hours. Some workers have been in this situation for decades, and many work seven days a week, every week. Despite this, the average casual makes less than $30,000/year.
  • Our plan for a better LCBO would provide meaningful hours for casuals, and permanent jobs when the work is there to be done.

On safety 

  • The LCBO has a profit margin of more than 35 per cent and made more than $1.9 billion in profit last year. But management is cutting corners when it comes to worker safety, and the result is that workers working alone face robberies, violent customers, stalking, and other significant risks.
  • Our plan for a better LCBO would improve safety so no one works alone.

On job security 

  • The LCBO wants to be able to contract out entire divisions, like IT or warehousing, to private companies that might not even be in Canada. On top of that, they want to avoid paying workers who are laid off the severance pay they earned through years of service.
  • Our plan for a better LCBO would keep public workers doing public jobs, here in Ontario. It would also respect the promises made to longtime workers and not change the rules around the severance pay they’ve already earned.

Hope to see you there

In Solidarity,

Maria Bauer

 

 

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