OPSEU has negotiated a settlement with the Tory government that restores some of the representation rights for Crown employees that were taken away by the Tories in 1995.

OPSEU President Leah Casselman said a settlement, reached this week after six months of negotiations, also extends some of the job security provisions won as a result of the five-week strike in 1996. (DETAILS BELOW)

The settlement partially restores representation rights for Crown employees that were lost under Bill 7, the Tory labour law.

"This settlement protects the rights of Ontario Public Service employees when their jobs are transferred to municipalities or public hospitals," Casselman said.

Under Appendix 9 of the contract, the government was required to make "reasonable efforts" to find jobs for public servants when their jobs are privatized, divested or transferred.

Over the past two years, OPSEU has won numerous interim grievance awards that have stalled the government’s privatization efforts and enabled the union to negotiate better terms for members leaving the public service.

The latest settlement clarifies and reinforces the governments’ obligation. "It also gives our members a choice whether or not they want to follow their work when their jobs are divested or contracted to the private sector," Casselman said.

If an employee chooses to take a job in the private sector, the company must offer salary, benefits and seniority entitlement as close as possible to what they now enjoy under the OPS collective agreement.

Casselman said this is a small step towards negotiating a new collective agreement for 50,000 OPSEU members whose contract expires on Dec. 31, 1998. OPSEU has been in negotiations with the government since September.

But Casselman cautioned that the settlement only covers one small part of the OPS contract, Appendix 9, which was to have expired on Dec. 31, 1998. The settlement extends the Appendix over the term of the next contract and has been ratified by the OPS Central Bargaining team.

Meanwhile, bargaining continues for a new OPS agreement.

"We have a substantial number of major issues to be resolved before we can say that this government is willing to be fair to its employees," she said. Major issues include a government demand for short-term layoffs and a lack of resolution for bargaining unit overhaul complaints.

Highlights:

Appendix 9 extended until end of next collective agreement

An agreement was signed by the employer and OPSEU on Monday, Dec.14, 1998. It includes :

• A recommendation to Cabinet that a regulation under Bill 136 be approved that will allow OPSEU to trigger a Bill 136 vote in those circumstances where the governance of a psychiatric hospital is transferred to a public hospital. The regulation will guarantee that OPSEU is on the ballot in the event that the employer or any union in the new workplace requests a Bill 136 vote.

• The employer agrees to recommend to Cabinet that it make regulations persuant to section 40 (1) of the Public Sector Relations Act 1997 providing that in the case of a sale, lease or other disposition of all or part of the business of the Crown to a municipality or a hospital, employees who were employed in the Ontario Public Service immediately before the sale, lease or disposition shall be granted seniority on the same basis as other employees in the bargaining unit.

• An agreement on a dispute resolution process that will ensure a timely resolution to all pending Appendix 9 grievances.

• An agreement to amend the OPT sponsorship agreement to allow for continued membership in the plan for former public servants who have had their work transferred or divested.

• A commitment to negotiate union member time-off at the MERC table for all transfers of work to the private sector. In the event that an agreement can’t be reached at the MERC, it may be referred to third party arbitration.

• A commitment that employees on LTIP and WSIB will not be adversly impacted in the event that their work is transferred or divested.

• An expedited resolution process to deal with any disputes that arise regarding the application of this agreement.

• An opportunity for members whose jobs are transferred to the private sector through an RFP to agree to be included in the RFP or decline the opportunity and receive enhanced severance entitlements under Appendix 9.

In the event that a member wishes to remain in the RFP job offers must contain the following:

• Minimum 85 per cent of weekly salary, service and seniority for the purpose of vacation, benefits (excluding pensions), lay-off, job competition, severance and termination payments to the extent that they are provided in the new employer’s workplace.

• Should the job offer not meet the above criteria an employee may elect not to accept the job and will still receive their enhanced severance entitlements under Appendix 9.

• For those employees affected by negotiated transfers, similar terms and conditions will apply.

OPSEU ActionFax is an electronic publication of the Ontario Public Service Employees Union. Contact us at opseu@opseu.org or visit the OPSEU web site at http://www.opseu.org.