cupe (PDF)

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Bargaining 2017

L)I)y’C

Local 500

June 6 2017

Authorize a strike mandate
Your negotiating Gum nthee was elected to 1eaotte the best agreemen
possbIe on our bchaf. Yo deserve befter than whads being offered
Vie intend to each a co!etve agreement with the City that respects the
priorities of ou moers Now we leea you s ppor The negue sting
omrsiLtee is ask rg ou h authorize strike actiofl If neces

You
Deserve
Better!

Why does the Union’s negotiating committee feel the City’s offer is
unfair?

The negotiating committee feels that this is an unacceptable offer for a number of reasons

•

The negotiating committee feels that this offer falls short of meeting the priorities
Identified n the CUPE Local 500 membership bargaining suey
The wage increase on the table s lower than those seen n other munic pal ities across
Canada and in other settlements across Manitoba, The proposal from the City COnSIStS
of a one year wage freeze followed by a 1% wage Increase In Year 2. a 1% increase
in Year 3 and a I 25% Increase ifl year 4

•

Through negotiations CUPE Locai 500 has been trying to Improve wages for the
membership but the offer from the CI does not satisfy that condftjon

•

We are ask ng for similar treatment to other civic unions when it comes to wage

increases For example, the recent offer to the United Firefighters of Winnipeg (UFFW)
contained a 1 8% wage increase in the first year and 2% annual increases in the three
subsequent years,

The negotiating commfttee also committed to leaving no concessions on the table, yet
a number still remain, We are not about to give up anything we fought for in the past!

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On June 7th, vote to support the Negotiating Commiftee’s recommendation
to authorize Strike action if necessa,y
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Page 2

FAQ’s: Strike Vote Process

Strike preparedness sends a strong message to the employer about the unity of the members of
the bargaining unit It also sends a strong message that the membersnip stands behind s
negotiating committee The following FiQs w:li address some basic quesLions about the strike.
vote process

Q: What does a strike vote mean?
A: A strike vote gives the Unioni negotiating committee permission to take job action if
a
p
necessary This is also known as a mandate. This is a tool we need right now to hel us get
g
fair and reasonable settlement It shows the employer that you support your negotiatin team and
the proposals we’ve tabled in this round of bargaining. This is a standard part of the process
The first thing we will do once we have the strike mandate is tell the City we want to get back to
tpte brgq!ng ‘able ard cnnclucie a agreement If that doesn t work we may need to set a strike.
,
deadline If this strike deadline is reached without an acceptabie negotiated settlement yot. w Ii
be notified of strike action that wi!I support our demands It is important to note that going on
strike will be a last resort We are also being assisted by a conciliation officer to help us get a
settlement and we will take the necessary steps to ensure that you are the first to know once talks
have resumed

Q: What is a Strike?
A: Legal stnke action iS a right of unionized workers to wtndraw serv’ces or refuse to work with
the aim of demonstrating the coliectve concerns and resolve of the bargain ng unit. A strike is not
an end in itself, but rather a means to obtaining a fair anci equitable collective agreement Legal
strike action does not happen overnight ard it is not a decision that is taken lightly

Q. What is a Lockout?
A. A lock ott occurs when the e’vplo’er denies access to the workplace a’ u’der to exert
pressure on the Un’on and its members to settle 09 the employer’s terms

Q’ What If I can’t make the vote? Can I mail in my ballot? Can someone else
vote for me?
A: We try to allow as much time as possible for people to vote during the day. However, we ao
not have provisions in our by-laws and constitution that allows a mail-in ballot or a proxy vote.

Q: How can I stay informed and get involved?
A: The best way to stay inforn’ed is by reading all Local 500 email updates. bargaining bulletins
and by visiting the website at vww c ‘f.e00 mb ca If you havent signed up for email updates
you can register through the website or contact the Local 500 office at 204-942-1001

Q• Who should I contact If I have additional questions?
A. Cal CUPE Local 500 at 204 942-1001 cr ty email
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PROPOSED OFFER OF SETTLEMENT
May 24, 2017
FROM
THECITYOF WINNIPEG
TO
THE CANADIAN UNION OF PUBLIC
EMPLOYEES LOCAL 500
Presented on June 6, 2017

C
Local

(_j’i Canadian Union

500

I of Public Employees

W’iiinipeg
May 24, 2017
2:00 pm

PROPOSED PACKAGE OFFER OF SETTLEMENT
From
THE CITY OF WINNIPEG
TO
THE CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 500

The City of Winnipeg presents the enclosed comprehensive package to facilitate a full
settlement of all matters outstanding between the parties in collective bargaining with the
urpose of reaching an agreement As an integral part of the offer issurs at addressed below
wll remain status quo. in accordance with the language already contained n the Collective
Agreement between the parties that expired December 24. 2016
If a negotiated settlement cannot be achieved, the items which have been withdrawn may be
reinstated and the items which have been signed may be declared null and void
These proposals submitted by the City without prejudice and without limiting the generality of
the foregoing the City reserves the right to challenge the validity, nterpretatlon or application of
any Article in the Collective Agreement notwithstanding the proposals within.
The employer package includes.
1
2.
3.

Attached proposals;
All items previously agreed to by the parties are included in this document and
Where employer or Union proposals are not included in this document. they are deemed
dropped or denied

Unless specifically noted as such, nothing in the Collective Agreement is retroactive. With
respect to Articles that reference. signing of this Collective Agreement’, the signing date will be
inserted into the Collective Agreement prior to its printing. Also, any required renumbering of
Collective Agreement articles arising as a result of amendments will be done prior to printing of
the Agreement.
Term of Agreement: The parties herein agree that the terms of the Collective Agreement
shall be from December 25, 2016 to October 31, 2020. The date of ratification will be the
date on which the City of Winnipeg Council ratifies, which is the date following the Union
ratification vote.
General Wage Increase
December 26, 2016 0%
December 27, 2017 tOO%
December 27, 2018 -1.00%
October 31, 2019 t25%
-

ARTlCLE I

DEFINmONS

DELETE OLD AND REPLACE WITH NEW Plural Terms whenever the singular is used in
this Agreement, it shall be considered as if the plural has been used where the context of
the party or parties hereto so require. Whenever a noun, pronoun, or adjective indicating
gender or sex is used, the other gender or sex, including two-spirited, intersexed,
transgendered and transsexual persons shall be deemed to be included.
NEW DEFINITION

Day

-

NEW Shall be defined as a calendar day.
-

NEW ShaH be defined as Monday through Friday exciusive of negotiated holidays and
weekends.
NEW UNION DEFINITION

Shift Worker

NEW Shift Workers are those employees who are engaged in any operation which
requires them, on a regular basis, to work hours in excess of eight (8) hours per day or a
shift that has the majority of hours between 4 pm and 8 am or days other than regular
days Monday to Friday.
NEW
NEW An employee absent from work without permission. Failure to report or late
reporting may result in the employee being considered AWOL. An employee terminates
their employment by being absent from work in excess of three (3) days without
sufficient cause or without notifying the Employer unless such notice was not
reasonably possible. Allowance may be given for any extenuating circumstances,
medically or otherwise, which prevented them from reporting on time.
—

NEW DEFINITION

-

Student Employee

City who is employed to do hiced$e-iirnited term
NEW Student means an employee of the 15
th
and September l5 ) on the understanding that
April
summer work (during the period of
he or she intends to return to school at the end of the season. Such employees will not
establish seniority (and are not subject to the terms of the Collective Agreement with the
exception of the grievance procedure).
-

ARTICLE 3
d)

—

Respectful Workplace

—

Amended with New Protected Grounds

The Manitoba Human Rights Code prohibits harassment and discrimination related to
the following characteristics: ancestry, race, ethnic or national origin, nationality, political
belief, religion, family status, sex, including pregnancy, age, marital status, sexual
orientation, (gender identity, social disadvantage), source of income, and physical or
mental disability.

L.
42:

Uu9nq tnr. Te ot trus Agreernt n
i r
a,naoi& 0
1f&
shafl expire on October 31, 2020.

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t

rp1’e€ sba bc. aid

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ARflCLE6—Cssification of Employees
Make the Arena Attendants Building Servicer 2lWading Pool Building Servicer I
employees Building Servicers 2 all year round. (Effective Ratification)
Review the Recreation Technician E classification
The UniG PARTIES ARE is willing to discuss changes to the job evaluation proces
s
during the life of this collective agreement.
ARTiCLEj!encesCe.fIc!IonsanccredItatIons
9-I

AMENDED

The cost of the medical examination, including any optometry eye examinations
required due to a medical requirement, which may be required by the Province of
Manitoba Motor Vehicle Branch, will be paid for by the City for all employees who are
required to move City vehicles. Employees will be required to provide medical
documentation as proof of the optometry eye exam outside of the standard
Doctor’s Office eye test for driver’s licences.

ARTICLE 10

Departmental Supplementary Agreements, LOU’s and MOU s

The parties recognize that article 10 (Departmental Supplementary Rules & Regula
tions)
shall only continue as long as the Collective Agreement is in effect. Furthermore,
the
parties realize that the Employer on February 6, 2017 with the presentation of our origina
l
proposal gave notice to CUPE in accordance with article 10-4 and 5-3 of the Collec
tive
Agreement that any and all Supplementary Agreements currently would becom
e null and
void if not brought forward and mutually agreed upon during this round of negoti
ations.
In an effort to not further delay bargaining, the parties agree to the following respec
ting
Supplementary Agreements, Letters of Understanding, Memorandum’s of Understanding
and any ancillary documents.
-

-

,

It shall be the responsibility of either party to provide copies of any existing
agreements outlined above to the other party during negotiations that they
would like renewed and to be continued in force.
The Parties also agree that ALL Supplementary Agreements currently in
place are to be renegotiated with the Employer within the first eighteen
months following ratification of the Collective Agreement.
The Parties will endeavor to reduce the number of Supplementary
Agreements currently in place by improving the language within the
Collective Agreement to capture some of the similar operational challenges
not properly captured for consistency.

or an cu rert xisting Supplementary Agreement can
Neiter Par’y
provide an economic fiscal benefit over and above the (.oUective
Agreement.
Any LOU, MOU, MOA or Supplementary Agreement wriften by the parties
will require the signature of the Manager of Labour Relations and if there
are any increased costs to the agreement, this will require ratification and
approval by Council.
For the purpose of this round of Collective Bargaining, it is understood by
both parties that some of the current Supplemental Agreements are not
aligned with the proposed changes of the Collective Agreement and where
there is a difference, the Supplementary Agreement will prevail the
common language of the Collective Agreement
Both parties agree to rncorporate all Supplementary Agreements, LOU’s,
LOA’s, MOU’s, MOA’s and Ancillary documents into the next Collective
Agreement unless the document has an expiry date pnor to the Collective
Agreement expiry.

As part of the normal Collective Agreement ratification, the parties realize
that for the Employer to ratify, it will require Council ratification of all
agreements in accordance with article 10.
10-3

Supplementary Agreements snail be subject to the approval of the Manager of
Labour Relations Director of Corporate Support Services They shall be signed
by the Department Head and Labour Relations Manager on behalf of the City and by
the Union Representative and authorized signing officers of the Local Unit on behalf
of the employees However, agreements with respect to lines of progression and
changes thereto are subject to Letters of Understanding between the Department Head
and authorized officers of the Local Unit

NEW ARTICLE 12-FiIlinçjacancies— DELETE ALL ORIGINAL ARTICLE 12
12-1

Notices of vacancies or newly created positions shall be clearly posted as an
internal competition for a period of seven (7) days on the City recruitment
software system. The only exception to this process would be within
departmental supplementary agreements with lines of progression. However, the
employer shall be at liberty to immediately fill the position temporarily.
Such job posting notices will contain at least the following information:
a)
b)
c)
d)

12-2

Job title and nature of position;
Job Responsibilities;
Qualifications; and
Shift, hours of work, wages or wage rate or range.

When applying on internal competitions the following conditions will apply and
applicants will be considered in this order.

12-3

a

Permanent ftiHtime and ermanent part1ime empioyees who have
successfully completed their probation or trial period of the current
position.

b)

In assessing the required qualifications of applicants, the employer shall
consider each individual’s abilities, education, experience, skills and or
knowledge, for the vacant position and appointment shall be made of the
applicant with the greatest classification seniority followed by bargaining
unit seniority and required qualifications to do the job in accordance with
Article 12-01.

c)

In making appointments to vacant or newly created positions within the
jurisdiction of the bargaining unit, it is agreed that when two (2) or more
applicants meet the required qualifications, bargaining unit seniority shall

d)

Where a job vacancy falling under the scope of the Agreement is posted as
per Clause 12-01, qualified applicants from within the bargaining unit shall
be assessed prior to considering external applicants.

Trial Period
The successful applicant shall be given a trial period of sixty (60) working days
during which time they will receive the necessary orientation for the position.
Conditional on satisfactory performance, the employee shall be considered
permanent in the position and classified after the period of sixty (60) working
days. In the event the successful applicant proves unsatisfactory in the positIon
during the trial period, or if the employee is unable or unwilling to continue to
perform the duties of the new classification during the trial period, they will be
returned to their former position, wage or salary rate without loss of seniority.
Where the employee is returned to their previous position, the employer is
entitled, notwithstanding any other provision of the Agreement, to elect to not
repost and to elect to fill the vacancy from the original competition file.
If a promoted, demoted or transferred employee, at hislher option or the decision
of the employer, should be returned to hislher former position during the trial
period, any other employee affected by hislher return shall be returned to hislher
former position if it still exists. In the event it does not exist, the permanent
employee will temporarily be placed in a position that is similar to the previous
position. Any employee so affected by this Clause will be placed at hislher
previous position as though helshe had not left it insofar as hislher wage rate,
increment date and accrued seniority are concerned.

12-4

Acting Opportunities
Acting Opportunities, based on operational needs, shall be offered to an able,
qualified and willing employee within their established reporting structure.