Our current Collective Agreement with Serco expires on September 30, 2022. Prior to expiry, our Bargaining Committee meets with Serco's representatives and negotiates revisions, additions, and updates to things like wages, benefits, working conditions, etc. Once a deal is reached, the members are provided the details of the tentative agreement to vote whether to accept or not.
The membership-selected committee is comprised of:
Janis Apilan - CSA3, Downview
Jon McCrea - DE3, Guelph
Ralph Benson - DE3, Lindsay
Jan Westerman - DE3, Oshawa
Mark Gardner - DE3, Downsview, Local Union President
Plus our USW Staff Representative John Catto, and any support we require from USW (Research Team, Legal Team, etc).
The details of the tentative agreement will be provided here on the website, and information will also be mailed to the members home addresses on file with Serco. The mailing package will include a ballot to be returned to USW for tabulation. All ballots returned by the deadline will be counted, and a simple majority decides whether to accept an agreement, or to reject an agreement and vote for strike action.
TENTATIVE AGREEMENT DETAILS:
The Bargaining Committee reached an agreement with Serco on August 30, 2022. The Memorandum of Agreement details follows. **The format has been adjusted to make it easier to read, and context has been added for members to know why or how something was changing. We will continue to update this document over the next few days and provide an FAQ following Labour Day**:
Term of Agreement:
The term of the CBA is 18 months, and will be in effect from October 1, 2022 to March 31, 2024. The Project Agreement (PA) with the MTO stipulates any collective agreement must extend at least six months past the expiry of the PA, but not longer than 12 months past the expiry. We will be negotiating again starting in early 2024.
(Update article 37 (and other mentions of dates) to reflect the new term)
18 months (October 1, 2022-March 31, 2024)
The negotiated wage increases are a 7% wage increase for everyone, and a $0.25 wage adjustment for CSAs (this adjustment equates to roughly a 1% increase). The 7% is broken into two increases; 5% on October 1, 2022, and 2% nine months later on July 1, 2023. The CSA wage adjustment is also on July 1, 2023. There isn’t a good way to include a wage chart, but here are the increases (current to Oct 1, 2022, to July 1, 2022):
DE3a is going from $26.56 to $27.89 to $28.45
DE3b is going from $27.00 to $28.35 to $28.92
DE3c is going from $27.42 to $28.79 to $29.37
DE3d is going from $27.86 to $29.25 to $29.84
DE3e is going from $28.28 to $29.69 to $30.29
DE4 is going from $30.12 to $31.63 to $32.26
CSA3a is going from 21.55 to $22.63 to $23.33
CSA3b is going from $22.94 to $24.09 to $24.82
CSA3c is going from $24.30 to $25.52 to $26.28
CSA3d is going from $25.00 to $26.25 to $27.03
CSA1, CSA2, DE1, and DE2 also receive the same increases, but were omitted here for simplicity’s sake.
Appendix A Wage grid to reflect:
5% beginning October 1, 2022
2% beginning July 1, 2023
$0.25 for CSA’s beginning July 1, 2023
Members often complained about manipulation of scheduled or working hours to affect their breaks. Members no longer “lose” the 15-minute paid break they would get for working 5 hours or less, but instead now retain that 15-minute paid break in addition to the 30-minute unpaid meal break whenever they are scheduled between over five hours, but less than eight hours.
Shift of five hours or less = one, 15-minute paid break (no change from current CBA)
Shift over five hours but less than eight = one, 15-minute paid break, plus one 30-minute unpaid meal break. (changed)
Shift eight hours or longer = two 15-minute paid breaks, plus one 30-minutes unpaid meal break (no change)
The length of the shift is determined by the start and end time, not the time paid. For example, a traditional 8:30am to 4:30pm shift is eight hours from start to finish.
Employees who are scheduled and work greater than five (5) consecutive hours but less than eight (8) hours (inclusive of breaks) will receive one, thirty (30) minute unpaid meal break, and one fifteen (15) minute paid break.
Employees who are scheduled and work a full eight (8) hour shift or more (inclusive of breaks) will receive one thirty (30) minute unpaid meal break and two fifteen (15) minute paid breaks.
Employees who are scheduled and work five (5) hours or less (inclusive of breaks) will receive one paid fifteen (15) minute break.
The Company reserves the right to establish schedules and to schedule the duration and timing of all breaks as deemed necessary to meet operational needs.
Seniority Considerations for Scheduling
We have added in some language related to scheduling which now includes seniority in scheduling to some degree. Senior members will be able to provide preferences for when they want to work, and supervisors will give them shifts that match their preferences when possible. This is intended to be a general/consistent preference (ie. for the school year, or for the summer), and not intended to create a situation where employees are hand-picking specific shifts each time the schedule is made. There may be some factors that may interfere with doing this by straight-seniority, though Serco is expected to make efforts to mitigate or rectify the conflict quickly.
(Addition to article 18.4)
Where possible, the Company will allow full-time employees to indicate their preference for shifts to be assigned. It is understood there may be some situations beyond the Company's control which may impact this ability (i.e. accommodations, staff departures). Situations within the Company's control (i.e. training) will be rectified within sixty (60) days. The parties agree to meet to discuss any conflicts that may arise. It is expected employees will not be making frequent changes to their scheduling preference. Seniority part-time employees will be treated in the same regard to the scheduling of part-time hours.
Paid Holidays Included in Overtime Calculations
Members do not like when they have to stay late, etc, and due to the weekly overtime threshold end up doing extra and only being compensated at their regular rate. One recurring factor is weeks with Paid Holidays (Labour Day, etc) as we generally only work four days those weeks and don’t come close to hitting the overtime threshold of 37.5 hours for the week. We negotiated to include the hours we get paid for the Paid Holiday to be included in the calculation of hours worked towards the overtime threshold.
(Change article 19.1 [bold is language to be added])
19.1 Overtime means hours worked in excess of thirty-seven and one half (37.5) hours weekly, exclusive of unpaid meal breaks. Overtime compensation is based on actual hours worked. Time off on sick leave, vacation leave, or any other authorized leave of absence (excluding witness and jury duty) will not be considered as hours worked for the purposes of calculating overtime premium entitlements. Any hours paid for Paid Holidays, identified in Article 23(a) of this Collective Agreement, will be considered hours worked for the purpose of calculating overtime premium entitlements. Time spent by Stewards and by the Local President, including all time spent on President Days, Financial Secretary and Local Union Treasurer in the course of performing their duties investigating and processing complaints and grievances during the Steward’s and or the Local President’s scheduled hours of work while they are at work will be considered as time worked for the purposes of calculating overtime eligibility.
FT Vacancies Posted Within 30 Days
We have had a 1:1 replacement of full-time positions once they become vacant, however they have not been filled in a timely fashion. We now have a commitment from Serco on posting those positions within thirty days of the position becoming vacant.
(Article 16.2 Job Posting - Replace existing with):
Should a full-time position become vacant, it is understood that the position will be filled; however, it is not required to be filled at the same DTC. The Company will provide the Union three (3) DTC options for joint review prior to posting the position as per article 16.1. A vacant full-time position being replaced shall be posted within thirty (30) days of becoming vacant.
Snow Days Waiting Around
Members would no longer be required to stay at the DTCs in the event of a snow day if there was no chance of going back on the road and there was no additional work or training to complete. This was both a waste of time for everyone, and potentially causing staff to go home in even worse conditions later. Members must still have permission to go, but will now get paid their reporting pay and be able to leave before the four hours is up.
((Article 18.6 Hours of Work—Proposed Language
Modify existing “Snow Days” component of 18.6))
The Company will make an assessment of the driving conditions on any given scheduled working day, and if the Company decides to cancel road tests, employees will not be sent home until at least four hours after the start of their shift. In situations in which road tests have been cancelled for the day and no alternative work or training is available for staff, staff will be permitted to leave work (upon direction from management) and still be paid per the reporting pay provision of the Collective Agreement.
Previously, the uniform reimbursements were not included in the CBA, only in Serco’s Uniform Policy. We wanted them captured in the CBA for clarity. The amounts have also increased in relation to the cost of living increase since the last CBA.
(New Article 29.5)
Employees will receive reimbursement towards the following items not provided by the employer as part of their uniforms:
All employees: Pants, shorts, or skirts to a maximum of $90.00 each calendar year.
DE2/DE3 Examiners: Winter Gloves to a maximum of $12.00 every two calendar years.
Steel-toe Footwear to a maximum of $280.00 every three calendar years.
Winter Gloves to a maximum of $35.00 every two calendar years.
Meal Allowance Adjustments and BER Payments
Meal allowance amounts have been adjusted for the cost of living increase since the last CBA. “Lunch” has increased from $16.80 to $18.00. Daily meals have raised from $45.00 to $49.00. On top of this, we have been given a commitment by Serco to avoid having employees pay for hotels, car rentals, etc whenever possible, and to ensure any Business Expense Reimbursements (BERs) are paid promptly.
Adjust article 29.1 to reflect:
The Company will pay for an employee’s lunch in cases in which
the Employee is required by the Company to travel in excess of one hundred
(100) km in one direction in any one (1) trip. The maximum eligible expense
is eighteen dollars ($18.00) inclusive of all taxes and gratuities. The Company will also pay for employees’ lunch for travel to the following Travel Points for as long as they remain at their current location as at date of ratification: Mattawa, Hearst, Thessalon, Rainy River, and Little Current and maintain current language.
If an employee is required by the Company to travel and remain at
a destination overnight, the employee will be provided with a daily meal
allowance maximum of forty-nine dollars ($49.00) inclusive of all taxes and gratuities.
Best efforts will be made to minimize out-of-pocket expenses for employees and to ensure timeliness of expense reimbursement
We have aligned the mileage reimbursement for employees required to use their own vehicles to the maximum allowable by the Canada Revenue Agency, and to be adjusted when the CRA adjusts their rate.
Letter of Understanding 11 changed to reflect:
As of October 1, 2022, the mileage rate will be in accordance with the current Canada Revenue Agency (CRA) mileage rates and provisions, and be updated when adjusted by the CRA. For clarity, the rates defined by the CRA as of December 23, 2021 are sixty-one (61) cents per kilometer for the first five thousand (5000) kilometers, and fifty-five (55) cents per kilometer driven thereafter. It is also understood that an employee will only be entitled to the mileage allowance if they are required to drive in excess of the mileage that they are normally required to drive to, when driving to their home DTC.
Off-site DE Stipend
DEs working at some offsite locations do not have facilities for their breaks, etc, and use their vehicles to provide shelter, heat, cooling, etc. Using their vehicles also results in cleaning costs, etc, from ferrying equipment and moving around the yards. As this vehicle usage isn’t covered by the mileage DEs also claim, and Serco is unable or unwilling to put facilities at the locations, we have negotiated a stipend to offset these ancillary costs beyond mileage.
(Add new paragraph to 29.2, following existing article)
In the event that Driver Examiners are required to work at off-site testing facilities where shelter/break facilities are not provided, the company will provide a stipend of $50.00 per month provided that a minimum of fifty (50) percent of scheduled shifts have been worked.
Provincial Health and Safety Committee (PHSC)
The existing CBA has a weird mix of attempting to set up a province-wide Health & Safety Committee but using language that is specific to individual sites. We have provided a clear structure and scope for the PHSC, and among other things, expect it to be able to provide guidance and prevention to any future undertakings by the company.
New Article 21.5, remove existing 21.5-21.9
Provincial Health and Safety Committee
The Union and the Company will form a Provincial Health and Safety Committee (PHSC). This committee will deal with issues that are being seen across the province and are not specific to any DTC. All DTC-specific duties will remain with the local Health & Safety representatives.
The PHSC will consist of three (3) Union representatives, one from each region: East, West and North, and three (3) representatives from the company. To prevent an imbalance the company shall not select a supervisor of one of the three union representatives.
The PHSC will meet quarterly or as often as agreed between the parties. The April and October meetings will be in person at a mutually agreed upon location. The other two meetings will be convened via conference technology.
All time spent attending or traveling to and from the scheduled meetings or training will be deemed time worked for Union representatives and shall not result in a loss of pay.
The employer will pay for certification training for the members of the PHSC. If a Union Representative is replaced, the company will pay for the replacement’s training as required. This will be limited to no more than two (2) replacements per calendar year. The training should be completed as soon as practical, and should be completed within three (3) months of election or appointment to the role when possible.
The PHSC will have all the powers granted to Health and Safety Committees under the Occupational Health and Safety Act in the Province of Ontario. It is the goal of the committee to promote the wellbeing of all employees in the workplace.
The PHSC will review matters raised in the DTCs and have the responsibility to ensure local safety representatives or Joint Health and Safety Committees are appropriately staffed, trained, and fulfilling their duties.
H&S Required Training
Along with establishing PHSC, it’s important to have properly trained Health & Safety Reps in the DTCs. Currently reps are not being trained in an appropriate time frame. The existing CBA requires them to be trained in six months, and we want them trained faster (three months).
Final line of 21.4 to be replaced with:
The Employer will agree to provide the requisite health and safety training to representatives within three (3) months of being elected/appointed to the position.
Domestic or Sexual Violence Leave (Add new Article 22.7)
Domestic or Sexual Violence Leave under the ESA provides job-protected time away from work related to all aspects of getting help and rebuilding one’s life (medical, legal, social, housing, etc). As economic factors sometimes contribute to people being unable to better their situation, the ESA also requires employers to pay for the first five days of leave (the leave does not need to be taken consecutively), and we have negotiated with Serco to provide an additional five days, for a total of ten.
(Add new Article 22.7)
22.7 Domestic or Sexual Violence Leave
The employer agrees to pay the first ten (10) days in a calendar year of Domestic or Sexual Violence Leave taken in accordance with the ESA. This provision will be governed in accordance with all requirements under the ESA leave.
The loss of family is such a difficult thing. We have negotiated to move parents, brothers, and sisters to the 5-day tier of our Bereavement Leave from the 3-day tier. The other relations and their placements have not changed.
Modify existing article to:
(a) Seniority employees, who have completed probation, are entitled to take up to five (5) consecutive work days with pay to attend the funeral and take care of personal matters related to the death of a spouse, same-sex partner, parent, child, brother or sister.
(b) A seniority employee who is bereaved of parents-in-law, grandparents, grandchild, step-child and step-parent is entitled to take bereavement leave of up to three (3) consecutive work days with pay as stated above.
(c) A seniority employee who is bereaved of a sister-in-law, brother-in-law, son-in-law, daughter-in- law, step grandparent will receive bereavement leave of two (2) days with pay as stated above.
In order to qualify for paid bereavement leave, proof of death, (i.e., copy of death certificate, newspaper obituary notice), may be required. It is understood that employees will only be paid for days that they would otherwise have worked but for the death of the family member included in the list above.
When a death occurs in a seniority employee’s immediate family as defined above and where such seniority employee would be required to travel in excess of five hundred (500) kilometers (one way) in order to attend the funeral, the employee shall be granted two (2) unpaid days of travelling time in addition to the days granted under this Article for the purposes of attending the funeral and providing that the employee actually attends the funeral
Reserving One Bereavement Day
Paid Bereavement leave unfortunately doesn’t always span the entire ritual time related to the death of a loved one. In cases where funeral proceedings, etc will not be conducted/concluded during the consecutive days of leave, employees can reserve the last day of leave for a later date. This later date must be used within six months.
Add as last paragraph of 22.1
In the event the funeral proceedings are not concluded within the consecutive days of leave of absence with pay, as specified above, the employee shall be allowed to use the last day of leave of absence with pay on a later date that is not consecutive to the second-to-last day of leave of absence to address outstanding matters concerning the funeral proceedings, including internment.
In such an event, the reserved day of leave of absence with pay must be used within six (6) calendar months of the date of death. The employee will endeavor to provide two (2) weeks’ notice of when the reserved day will be taken.
Extreme Distances for Bereavement
With our diverse membership, some members must travel exceptional distances for funerals. In the event the standard Bereavement Leave will not be sufficient, the notice period for requesting Personal Leave will be waived. Employees are still expected to limit their requests to the time necessary to be away.
Article 22.6 Leaves of Absence (Personal Leaves of Absence)
(a) Employees shall submit a written request for a personal leave of absence to their supervisor (or designate) who will submit the written request to the DTC Manager (or designate). Such a written request will indicate the proposed period of the leave and the reasons for the leave. Written requests will be submitted at least four (4) weeks in advance of the proposed commencement of the leave. Exceptions to the 4 weeks’ notice period will be granted for Personal Leave requested for the purposes of Bereavement.
Personal leave requests shall be granted at the Company’s discretion, subject to its operational requirements. The Company shall not unreasonably deny an employee’s request for a personal leave of absence provided that such leave may be arranged without undue inconvenience to the normal operations of the Company.
RRSP Participation for All
The Group Savings plan offered by Serco is an important financial tool for everyone, even if they are not receiving company matching contributions. We have negotiated for all seniority members to be able to enroll and make their own contributions to their RRSP account. Members with RRSPs will not only start saving for retirement, but also be able to take advantage of other benefits of RRSPs, such as deferred tax payment or the Home Buyer’s Plan offered by the Government of Canada.
Modify APPENDIX B: Benefits
Seniority full-time employees who have completed probation and seniority part-time employees who work thirty (30) hours or more per week on average (as indicated above) will be eligible to participate in the Company’s Group Retirement Savings Plan. Under the terms of this Plan, the Company will match an eligible employee’s contribution into the Plan up to a maximum amount of three (3%) percent of the employee’s actual regular earnings in each calendar year during the term of this Agreement.
Any seniority part-time employee who is no longer eligible in subsequent years for company matching of contributions will be able to continue under the plan and make personal contributions to the program.
Permanent part-time staff who are ineligible for benefits will nonetheless be eligible to participate and make personal contributions to the Company’s Group Retirement Savings Plan. Under the terms of the plan, contributions will not be matched. The program will be managed in accordance with the terms of the contract.
Increased Maximums for some Extended Health & Dental benefits
We have negotiated significant increases in maximum coverage for some of the health practitioners in our benefits. These amounts reflect an increase in coverage by 20%, and are for the most commonly requested practitioners; physiotherapists, massage therapists, and psychologists. Focusing on the most popular requests allowed us to make a significant increase instead of small incremental increases to all.
Benefit increases to reflect:
Banking of Sick Leave
Previously, all Sick Leave or Personal Emergency Leave would expire at the end of the year. The COVID-19 pandemic showed that people needed to have additional resources available to them when unpredictable things happen. To provide some additional security, we have negotiated for unused days to be rolled over to the next year. Members can bank up to a total of ten (10) days, and have them available in the event of a serious medical event in the future.
Replace entire 25.5
Sick leave may be carried over from year-to-year. Employees with unused Sick or Personal Emergency Leave day credits will have all days converted to Sick day credits, and added to their new entitlement so as not to exceed a combined total of ten (10) (8 sick day and 2 Personal Emergency credits). Unused credits are not paid out upon exceeding the maximum, nor are they paid if there is any remaining and the employee ceases to be employed.
CSA Shadowing Premium
Previously, only DEs received a premium when training a new employee. We have negotiated for Shadowing premiums to apply for all types of shadowing, including for CSAs.
Appendix A, Note 3, page 99 Replace existing “Shadowing Premium” with:
Employees who are required by the Company to conduct on-the-job shadowing will be paid an amount of fifty (50) cents per hour in respect of each hour spent actually shadowing another employee, in addition to their regular hourly rate of pay.
Error Checking Premium
CSAs performing error checking work have additional skills and training and should be compensated for it. We have negotiated for Error Checking to be included for the payment of “Bankers Premium” for all hours performing the work.
Appendix A, Note 3, Page 100 “Bankers Premium”Replace existing with:
Any Customer Service Agent who is required by the Company to perform
banker’s duties and/or compliance/error checking duties’ will be paid a premium of fifty (50) cents for each regular hour worked during which the employee is performing such duties. It is understood that the Bankers Premium will be added on to but not included in the employee’s regular hourly rate and will not be applied in the course of paying any overtime premiums or any other premiums in this Agreement
Nighttime Road Test Premium
Conducting tests in nighttime conditions is stressful and requires additional concentration and considerations. Serco says they don’t want to run tests at night, but we have negotiated a premium in the event they must run tests during the time the sun is not up. The premium doesn’t apply to the bright period around sunset/sunrise, and is not intended to be used within our historical hours of operation.
Added to Note 3 of Appendix A, following “Technological Change”
Low-light Testing Premium
The Company has advised the Union it presently has no intention of scheduling road tests to be completed in low-light conditions ( the period covering thirty (30) minutes following sunset to thirty (30) minutes before sunrise).. In the event the Company must schedule tests in these conditions, a shift premium of $1.00 will be applied to each hour or part thereof spent conducting tests in low-light conditions. For the application of this provision, this does not apply to low-light caused by adverse atmospheric conditions, and the premium will not apply after 8:30AM nor prior to 5:00PM.
ABZ Training for Existing Employees
We negotiated for Serco to pay for licence training for seniority members who apply to DE4 positions before hiring externally. This is up to a maximum of 20 people during the contract term.
New Letter of Understanding #21
For the term of the CBA, the company will post the next twenty (20) DE4 roles in accordance with Article 16, and clearly indicate candidates with lesser qualifications will be considered for the roles as determined by the Company. When considering candidates, the company will award the positions to job posting applicants in the following order:
Internal Driver Examiners who already hold the required licences, in accordance with seniority;
Internal Driver Examiners who do not hold the required licences, in accordance with seniority. In this case the company will cover the cost of training for required licences;
External candidates in accordance with Article 16.
Part-time Work Weeks
To discourage the practice of members being provided a few hours for multiple days, part-time members will not be expected to work more than five days a week unless they volunteer. This would discourage giving someone 30 hours by having them work six days for five hours each, instead of working four days at 7.5 hours, etc.
18.2 Hours of Work—Addition of New Language
Part-time employees will not be scheduled for work for more than 5 days in any given week unless they volunteer to do so.
Replacing Absent Employees
Members often complain about absent employees not being replaced, either because the present employees would like the hours, or they don’t like the extra workload expectations. While this language does give the company some flexibility, it shifts from “replace if we need someone” to “replace unless we don’t need someone”. It makes the default action “replace” barring any significant reason not to.
Create new 18.10
When employees are absent for any given shift, the employer will replace scheduled hours of work with other employees where possible and as needed. This provision will not apply where Management determines there is insufficient work to warrant the replacement of staff.
Working at Two (or More) DTCs & Schedules
While generally Serco does not have employees work at more than one DTC, it does happen from time to time. To ensure equalization and seniority is being respected, an employee’s full schedule should be posted in their home DTC, and the hours they are scheduled to work at the new DTC reflected on that DTC’s schedule.
Adjust Article 18.4 Hours of Work
If an employee is scheduled at two (2) or more DTC’s in a given week, the employee’s name and full work hours (inclusive of all sites worked)shall be included on the home DTC schedule. The employee’s name and hours worked at a non-home DTC location shall be posted on the non-home DTC schedule.
Lay Off Notice
Previously, part-time employees only received one week of notice regarding layoffs. We have now negotiated an additional week of notice, which puts them on par with the full-time employees.
Adjust Article 15.5
In the event that the Company plans to implement a permanent layoff of employees, the Company will provide such notice as required under the Employment Standards Act. In the event that the Company plans to implement a temporary layoff that is expected to be for a period of six (6) days or more, the Company will provide seniority employees with fourteen (14) calendar days’ notice. The Company will endeavour to provide notice beyond fourteen (14) calendar days where it is able to do so. The Company will have the option to provide a payment in lieu of any notice of layoff.
Notices Regarding filled vacancies
Currently it is quite difficult to stay on top of filled job vacancies. We have negotiated for clearer reports, making it easier for the Executive Committee to stay on top of these things. We have also added a provision for jobs that remain unfilled to be advertised again to the members after 60 days.
Article 16.7 Job Postings (Existing Employees Who Change Positions) Replace existing article with:
On a monthly basis, the company will communicate the outcome of all internal job
postings from the previous month to the Union and to all DTCs. The report will indicate the successful applicant’s name or if the posting had no suitable internal applicants, the report will indicate that the external hiring process will continue. When an applicant is hired externally, their name will be included on the report for the month they were hired. The report will be posted in all DTCs for a minimum of fourteen (14) calendar days.
In the event a job posting remains unfilled after sixty (60) days, the Company will
make all current employees aware of the continued vacancy and will consider internal applicants for the position if no external applicants are being considered.
Article 31.4 Labour/Management Committee
Our LMC traditionally only met twice per year, and we have negotiated to make that quarterly so issues can be addressed and discussed promptly.
Article 31.4 LMC - adjust to reflect the following:
The meetings will be held quarterly unless the parties mutually agree otherwise. The Committee meetings shall not have a duration of more than three (3) hours unless the Chairpersons agree to extend the meeting. The meetings will follow the meeting schedule outlined below:
January virtual meeting
April in person
June virtual meeting
October in person
Grievance Review Group
Many grievances we submit for arbitration end up being settled before an arbitrator even hears opening arguments. This results in wasted time and money for both Serco and the Union. We have added an additional optional Step to the Grievance Process in which either side can request additional meetings to attempt to resolve the matter, however the meetings cannot delay or hinder the arbitration process.
Upon referring a grievance to arbitration, either the Employer or the Union may request interim meetings between the Union Grievance Committee and the Employer’s senior management in an attempt to resolve the matter expeditiously.
These meetings would be without prejudice, and in no way shall cause delay to the mediation or arbitration process.
The Union Grievance Committee will be composed of the Local President, two other members of the Union Executive Committee, and the Staff Representative.
Updating Arbitrators List
We regularly have to update the list of arbitrators. Arbitrator Davie and Arbitrator Tims are no longer available.
Article 11.4 Arbitration
The parties agree to replace Arbitrators Louisa Davies and Mary Lou Tims with Randy Levinson and Harvey Beresford
Steelworkers Humanity Fund (SHF) - **REMOVED SEPT 09, 2022**
The donation to the SHF by members has been removed from the tentative agreement. If you have previously mailed your vote, and this amendment now changes your vote, contact email@example.com. The process on how we will be handling this situation is still being determined, and information will be made available by Sept 12, 2022. To get updates directly and promptly, register for the Local's mass text message system (MTMS). To register, text the message usw9511 to the number 32323. The system will automatically reply to help you complete your registration.
The SHF has been in existence for many years, and does good work for workers locally and internationally. Some of our members helped out or were helped by organizations supported by the SHF during the COVID-19 pandemic, and submitted joining the SHF for this round of bargaining. The SHF is a registered charity in Canada, and the money deducted for the donation ($0.02/hour worked, roughly $39.00 annually for a FT employee) is credited to the member and included on your T4 as a charitable donation (instead of it being a donation made by Serco, USW, or the Local). More information about the SHF can be found on their website https://www.usw.ca/humanity-fund/ , including their most recent annual report outlining where and how the money is spent. New Letter of Understanding The Steelworkers Humanity Fund supports food banks in Canada, provides emergency food aid and assistance in response to international humanitarian disasters, and funds international development projects, worker exchanges and development education. Each pay period, the Employer agrees to deduct two cents per hour worked from the wages of all employees in the bargaining unit to be contributed to the Steelworkers Humanity Fund (SHF) - charitable registration number 11917-2278 RR0001 The Contribution will be transferred to the Steelworkers Humanity Fund via electronic bank transfer, with an e-mail notification to the SHF, and to the local union and staff representative indicating the amount of the transfer and the number of employees contributing. The Employer agrees to report the amount of the employee contribution on the employee’s annual T-4 as a charitable contribution Once per year the Employer agrees to provide the Humanity Fund with the names of all employees for whom deductions have been made, their addresses, and the amount deducted.
New Member Orientation
The previous CBA afforded Union Stewards 15 minutes to meet with new employees to discuss the union, breaks, the CBA, etc, so they had an opportunity to ask questions and generally learn about USW and what we do. This 15 minutes was rarely used in practice, so we have negotiated to move the orientation to be included with Initial Training Courses and increase the time to thirty minutes.
Adjust Article 7.5 Relationship:
The Union President, or his designate, shall be afforded the opportunity to meet with any newly hired bargaining unit employee(s) as part of the new employee Initial training course. The time allotted will be thirty (30) minutes and will be held at a mutually agreeable time.
The purpose of this meeting is to acquaint such employees with the role of the Union and the relevant terms of this Agreement.
Local President’s Schedule
The CBA had deprecated language related to how the Local President’s union duties leave was administered. This language removes a bunch of the obsolete language in Article 6.9 as is pertains to the President’s schedule.
Article 6.9 Union Representation
The Local President will submit a schedule for the period in which two (2) days of leave may be taken each week during the months of June through August each year. The schedule will be submitted at least one full calendar month in advance of the period in which the days off are to be requested. It is understood that the two (2) days of leave will be scheduled on Wednesdays and Thursdays in any given week, unless the company agrees otherwise.
No scheduling is required from September through May as the Local Union President will be on a full-time release to perform union duties. It is further understood the Local Union President will follow regular procedures for requesting vacation time off and other absences.
Seniority List Preparation
The only change here is for the copy of the Seniority List provided to the union to be an electronic, sortable copy.
Adjust Article 13.10 Seniority List
(d) The Company shall post seniority lists twice annually showing:
Seniority at the DTC by classification and by level at the DTC and,
Within the Seniority Pool of DTC’s (as referred to in 15.13). The Employer will also provide the Local Union with a list of Term Employees and Probationary employees at the same time that the seniority lists are provided
An electronic, sortable copy shall be provided to the Local Union. The employer will also provide the Local Union with a list of Term Employees and Probationary employees at the same time that the seniority lists are provided.
[REMAINDER OF ARTICLE UNCHANGED]
Discipline Copies to the Union
We have recently sorted out the practice of copying the Union on all discipline issued to members. This change simply brings the CBA inline with existing practice.
10.4 Suspension & Discharge (Employee Records)
Any notice of disciplinary action which is intended to form any part of an employee’s employment record shall be given in writing to the employee, and a copy will be forwarded to the Union.
We have been moving away from having Union Stewards tied to specific locations. This allows us to have more flexibility in who is a steward, mentoring, and other considerations. The chart outlining who specifically represents a particular DTC is obsolete. If members require assistance, they should be reaching out to firstname.lastname@example.org so an appropriately knowledgeable steward can contact them back.
Change/Remove Schedule A
The Union will provide a list of all active stewards and update the company of any amendments when they happen. All union stewards have the ability to represent any member of the bargaining unit regardless of DTC location. When the company requires a union steward, they may select from any available stewards with regards to the company’s operations and the expertise of the available stewards. It is understood the employer will exercise this ability in good faith, and the steward used for the initial meeting may not be the same steward who handles any subsequent meetings or grievances that may be filed.
Changes to DTC Service Hours
Often, Serco implements changes to operations, etc without informing the Union beforehand. This often leaves both sides scrambling once things are in place to come to a workable solution for everyone. The most significant in recent memory was the “Right-Sized DTCs”. This change requires them to work with us on things, instead of trying to sneak stuff in.
Article 18.1 Hours of Work (bolded language below to be added)
Subject to the terms of the Collective Agreement, it is the Company’s right to create work schedules and to determine the hours of work as the Company deems appropriate, and as required under the Company’s obligations to the Ministry of Transportation of the Province of Ontario. The Union will be informed of any changes to the hours of operation at any DTC before they are introduced so the Company and Union can collaborate to mitigate the impact on the affected employees. The provisions of Article 18 are intended only to provide a basis for calculating time worked for the purposes of calculating overtime, and nothing in this Article shall be construed as constituting a guarantee of the normal hours of work per day or, of the normal hours of work per week, or when employees commence or end normal hours of work, or of the days of the week in which employees are scheduled to work.
Creation of Online Security Guard Testing Invigilator Classification
The Security Guard and Private Investigator Testing program Serco operates underwent some changes over the past few years, leading to some new positions being created for specialized employees who operate as Online Invigilators. These employees are governed by the Collective Agreement, but have different skill sets, knowledge and training, and responsibilities compared to CSAs. They were previously classified as CSAs, however this was problematic for bumping, and other considerations. The simplest solution was to create a new classification for them to differentiate them on the seniority list, etc.
Add SGTI Wage Grid to Appendix A
added to 36: Definitions as part of 36.1 as follows:
(b) "Classification": is a Customer Service Agent ("CSA"), a Driver Examiner ("DE"), or an Online Security Guard Testing Invigilator ("SGTI")
(c) "Classification Level" or "Level": are delineations in three of the classifications; CSA, DE, and SGTI.
· CSAs are Level 1, Level 2, and Level 3.
· DEs are Level 1, Level 2, Level 3, Level 4.
· SGTIs are Level 2, and Level 3.
Job Proficiency/Staffing Consistency
Some employees are hopping between jobs frequently, resulting in chaos for Recruiting and Supervisors, and making it challenging for the employee to become fully proficient in any given role. Serco wanted to limit how frequently people could change jobs, however, we negotiated exceptions so employees were not disadvantaged from being unable to apply because of an improvement for them, or simply because a posting came out slightly later which they would have preferred.
Adjust Article 16.3 Existing Employees who change positions
(c) Any employee who is the successful applicant for a posting, shall not be entitled to apply for another posted position for six (6) months from the date the employee is awarded the position. Exceptions will apply for situations in which the applicant is applying for a role that results in an increase in hours, increase in wages, or a relocation to a DTC with closer proximity to personal residence.
Recertification Training and Maintaining Standards
There wasn’t a process for the unusual circumstance of an employee not only being unsuccessful at maintenance, but also not having success with additional support from the training department. This process is similar to DE4s who are forced to downgrade due to medical reasons. The process is still subject to the grievance and arbitration process, as the training and remedial processes need to be sufficient and reasonable, as well as the discussion on vacancies, etc.
Create new article 28.3
As a condition of employment and as a condition of being permitted to perform the employee’s job, employees are required to successfully complete employer recertification training as required. If an employee does not successfully pass the employer recertification training for their current job and classification, they will be provided one remedial training opportunity. If an employee is unsuccessful in the remedial training and is unable to complete recertification, the employee will be permitted to perform a downgraded role for which they are certified and qualified provided that the employer has determined that a vacancy exists for a role in that classification. In such cases, the employee will be paid at the prescribed rate of pay for the classification level into which such employee has been reassigned. If no vacancy exists, the employee may exercise their bumping rights. Should an employee be unable to maintain and successfully pass any level of the employer-required recertification training, or if no vacant role exists at the downgraded classification, the employee will be deemed terminated.
Using Carried-Over Vacation
Employees will still be able to carry over vacation from year to year, however, those carried over days need to be used in the first third of the year. Any vacation not used by the deadline will be paid out to the member within a month. Using vacation by the end of April is a bit of a concession on our part.
Article 24.11 Vacations
Unless otherwise approved by the Company, all employees shall be required to use their earned vacation time. Employees shall be permitted to carry over a maximum of five (5) days with management’s written acknowledgement. It is further understood that the carried over vacation must be used by April 30th in the calendar year immediately following the year in which it was earned. Unused carryover vacation remaining after April 30th will be paid before May 31st.
Her Majesty The Queen in Right of Ontario (HMQ)
Serco is required under the Project Agreement to have a clause allowing them to share the details of the Collective Agreement with HMQ or the MTO Project Company. Our collective agreement is publicly available, so this clause is more administrative than really terms of the CBA.
New article 3.1(h)
h) to make available to HMQ, Project Co or any person identified by Project Co or HMQ, as applicable, the terms and provisions of the Collective Agreement.