Democracy of Hypocrisy

CUPE locals 543 and 82 rejected the city's counter offer on Thursday, an offer that many were hoping would end this 14 week strike. In what has been a day filled with drama, CUPE flat out said "NO" to the mayor and to city council. It all started with the city asking CUPE leadership to take the offer to its members and let them vote on it.

The vote occurred Thursday morning, but not before city managers showed up to hand out back to work protocols to the workers, who in disgust, threw the papers in the air. Rumours abound that CUPE leadership was instilling fear into the membership by stating that the city was not going to include a back to work protocol and that members may lose their jobs or face disciplinary actions upon settling the strike for any actions the mayor deemed worthy of dismissal or discipline.

Follow up:

For whatever reasons, be it distrust that the leaders wouldn't reveal the BTWP to the members, or just to provoke them, Eddie Francis dropped the ball when he had managers stand outside of a union vote to distribute this paper. It doesn't make any logical sense for him to pull this stunt according to Alan Hall, the director of Labour Studies at the University of Windsor.

“It’s a union meeting and it is entirely inappropriate for management to be at the vote. I’m a little dumbfounded to hear that management would do this without setting it up, without at least finding out whether the union would permit it or allow it.

Some may argue that the members did get their BTWP, but wait a minute. If you read the paper, it does state that

NO BARGAINING UNIT EMPLOYEE IS GOING TO BE FIRED BECAUSE OF STRIKE RELATED ACTIVITIES

interestingly, it only states that in the cover letter and is not part of the actual agreement so in all reality it could mean nothing, but I am no lawyer so am only speculating. This is the part that seems to have pissed off CUPE. Here is the BTWP for CUPE 82 (543's is similar)

RETURN TO WORK PROTOCOL

ATTACHED IS A DOCUMENT THAT WAS ISSUED TO THE MEDIATOR AND CUPE AT 5:15 PM ON JULY 15, 2009, IN RESPONSE TO THE UNION’S REQUEST OF THIS SAME DATE.

THE CITY HAS YET TO HEAR BACK FROM CUPE REGARDING A RESPONSE TO THIS PROPOSAL.

THE CITY INTENDS TO HONOUR THIS PROTOCOL EVEN THOUGH THE UNION HAS NOT RESPONDED.

NO BARGAINING UNIT EMPLOYEE IS GOING TO BE FIRED BECAUSE OF STRIKE RELATED ACTIVITIES.

RETURN TO WORK AGREEMENT

BETWEEN

THE CORPORATION OF THE CITY OF WINDSOR

(Hereinafter referred to as the “Employer”)

AND

LOCAL 82, CANADIAN UNION OF PUBLIC EMPLOYEES

(Hereinafter referred to as the “Union”)

The Parties agree as follows in the event the collective agreement is ratified on Thursday, July 16, 2009:

1. Minutes of Settlement to be provided to their respective principals for Ratification.

2. General Managers to notify their respective Executive Directors who will then notify their Management staff that ratification has occurred.

3. a) Operations for those Regular Full-time employees who are returning to shift work shall commence on Monday, July 20, 2009. Employees shall be notified by their Manager/Supervisor of the shift they shall return to for commencement of employment.

b) All other Regular Full-time employees shall return to work they were performing prior to the work stoppage on the Day Shift on Monday, July 20, 2009.

c) Pursuant to a previously signed Memorandum of Agreement between the parties, Part time employees shall be contacted by the Corporation should their employment be required.

4. The Union will sign a Memorandum of Agreement with the Corporation agreeing to employ youth aged 15 to 18, under the Government of Ontario – Ministry of Children and Youth Services – New Beginnings – Summer Jobs for Youth Initiatives.

5. The Union agrees to the use of outside contractors to compliment and assist in the grass cutting operations in the Parks Department as previously discussed.

6. The Union agrees to sign a Job Creation Partnership (JCP) Memorandum of Agreement with the Corporation agreeing to continue with the Red Grove Project and the continuation of the planting of the one million trees project.

7. Employees on approved leaves of absence or sick leave shall return to work at the end of such leave or sick leave absence or at the end of the strike which date is later, as the case may be and in compliance with the collective agreement and sick leave bylaw 980.

8. All returning bargaining unit employees shall be credited with seniority in accordance with the terms of the ratified collective agreement for the period of the work stoppage. Employees have the option of purchasing both portions of the pension plan (employer/employee) within the allotted times prescribed by OMERS and subject to any applicable rules of the OMERS pension plan and the collective agreement.

9. Pursuant to an agreement between the parties, the Employer maintained continuity of employee benefits plans during the strike with the understanding that CUPE National would fully reimburse the Corporation of all expenses incurred during the work stoppage. As soon as possible after the re-establishment of normal operations, the Employer will submit to the Union a bill for any outstanding costs of such benefits during the strike. The union agrees that its National Office will pay the benefit costs for the striking members for the entire period of the work stoppage.

10. The grievance procedure time limits with respect to grievances filed prior to the commencement of the work stoppage shall be deemed to have been extended for the duration of the work stoppage.

11. Vacation entitlement/credits shall not be pro-rated for the current calendar year. A reasonable and fair effort will be made to honour previously authorized vacation time off and vacation in progress as of the date of mutual ratification of the tentative collective agreement. Vacation time that was previously scheduled during the period of the work stoppage shall either be rescheduled at a time agreed upon between the employee and the employer, in accordance with seniority, or carried over, in accordance with the collective agreement.

CONCUR

Dated the ________ day of ____________, 2009.

For the Corporation For the Union

______________________________ ______________________________

General Manager Corporate Services President, CUPE Local 82

______________________________ ______________________________

Executive Director of Human Resources Recording Officer, CUPE Local 82

The strike goes on, and one must wonder if it still about post retirement benefits, or a monetary gain now, or something more. The city offered-

Four-year package with wage hikes of one per cent in the first year, followed by 1.5 per cent, 1.8 per cent and two per cent in the final year.

• Full-time employees get a $1,300 lump sum payment; part-timers: $650.

• No post-retirement benefits for new hires, but city offers to manage and administer program funded by employees.

• Total estimated cost of new wages and benefits over four years: up to $11 million.

seems like it would be a good deal, if it weren't for the fact that they have been out for so long and by agreeing to this, it would mean they went on strike for nothing. Is $1300 worth 14 weeks of no work and $200/week strike pay? I think the city needs to offer something a little more appetizing for this to end, even if PRB's are off the table, 1300 bucks is a slap in the face. The wage increases are pretty standard and shouldn't be countered in my opinion. Perhaps make that a 3 year contract rather than 4, and the lump sum payments need to be higher to offset the fact that the union just lost the PRB's for new hires. This is of course assuming that PRB's are in fact a non issue now. This damn strike could very well go into the fall because it is clear that the mayor isn't planning on caving and just when you think the union has caved, they vote "no" and it continues.

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