March 13, 2018 – Information from the DIVEX

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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
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