YOUR CUPE
COLLECTIVE AGREEMENT
& Personnel Policies
City of Nanaimo
Agenda
 History
of Unionism in Canada
 Structure
of the Collective Agreement
 Personnel
Policies
History




Medieval Guilds and the Industrial Revolution
1869 - 1910 Knights of Labour
– 1875 - Que., Ont.. & N.S.
– crafts and mixed locals
1886 - 1956 Trades & Labour Congress (TLC)
– influenced by American Federation of Labour
1908-1927 Canadian Federation of Labour (CFL)
– wanted more Canadian control
History
 1919
- 1956 One Big Union (OBU)
– mainly Western Canada
– dissatisfaction with TLC
– opposed to craft unions
– became part of the CLC in 1956
 1927
-1940 All-Canadian Congress of
Labour (ACCL)
– wanted industrial non-conservative nonAmerican unions
History
1940 - 1956 Canadian Congress of Labour
(CCL)
– wanted to unionise unskilled labour
– active in politics
– organised mass production workers
 1945 Nanaimo Civic Employees
Association - Local 14
 1956 Canadian Labour Congress (CLC)
– merger TLC & CCL - supports NDP
– code of ethics

History
 1982
Canadian Federation of Labour
(CFL)
– formed by construction unions
– closer ties with gov’t than CLC
– non partisan political stance
Canadian
Labour Congress
AFL-CIO
U.S. Headquarters
Canadian Branches
of International Unions
Provincial
Federations of Labour
National Unions
AFL-CIO
Trade Department
Regional Offices
Regional Offices
Local Trade
Port Councils
Other
Intermediary Bodies
Local Labour
Councils
Other
Intemediary Bodies
The Collective Agreement

Labour Statutes
– Labour Relations Code
– Employment Standards Act
– Human Rights Code
– WCB Act
The Collective Agreement is the legal
document
 Purpose

Research Exercise
 Practical
Exercise using the Current
CUPE Collective Agreement.
Structure of the Collective
Agreement
General Information
 Preamble
– Expression of intent regarding the
purpose of the Collective
Agreement
 Definition of Employee Status and
Benefit Entitlement
 Management Rights
Obligations
 Recognition,
Union Security and
other Union Protection:
 Membership
 Labour Management and Bargaining
Committees
 Reports and recommendations
Grievance Procedure
 Article
12 - Steps
 Article
14 - Discipline
Seniority and Related Rights
and Benefits
Article
15 Seniority
Promotion and Staff Changes
Job
Postings
Acting Pay
Trial Period
Alternate Employment
Temporary Vacancies
Layoffs and Recalls
Maintain
Recall
30
seniority
to vacancy if qualified
days notice
Hours of Work and Overtime
Article
18 - Hours of work
Article
19 - Overtime
Article
20 - Shift work
Holidays and Vacations
 Articles
21 and 22 address these
matters. The typical difficulties arise
with respect to the interpretation of
when employees may be deprived of
a particular statutory holiday.
 Vacation
Sick Leave Provisions
 Sick
Leave
 Sick
Leave Bank
 Attendance
Awareness and
Reintegration of Injured Workers
Other Leaves
 Union
Business
 Bereavement
 Family Illness
 Jury Duty
 General Leave
 Promotion to Management
 Maternity and Parental
Payment of Various Allowances,
Premiums and Wages
 Call-out
 Meal
Allowance
 Lead Hand
 Substitution Pay
 Standby Allowance
 Tool Allowance
 Footwear Allowance
 Snow Plowing Allowance
Sexual Harassment
 Employees
are entitled to work without
being subjected to sexual harassment
 The
consequences of such of provision
being in the Collective Agreement are that
employees are not limited to filing only a
complaint pursuant to the Human Rights
Code. They are also entitled to pursue
remedies through arbitration.
Job Classification and
Reclassification
 Supervisors
need to be aware of one
provision, namely, Article 27(c) job
content changes for jobs not
covered by JJEC.
 Joint
Job Evaluation Committee
Employee Benefits
Pension
Medical
Insurance
Group Life Insurance
Compensable Injury (WCB)
Employee Assistance Plan
(EFAP)
Safety and Health
 The
Collective Agreement provides
for a variety of rights in respect of
health and safety issues including
certain premiums for safety clothing,
shared information about accidents,
incidents and other occurrences. It
also provides for inclusion of part of
the OH&S Regulation on right to
refuse unsafe work.
Contracting Out
Restrictions
Wages
as classified
Employee Classifications
Lists
are appended to C/A
Letters of Understanding
 Appended
to C/A
 Joint JE maintenance procedures
 Contracting out
 Hours of work - RCMP switchboard
 Shift work - RCMP
 Beban Merger
 Temporary and seasonal assignments
Letters of Understanding
 Bicycle
patrol
 Statutory Holidays - Parks
 Shift Premium - Caretakers
 Reintegration of injured workers
 Hours of work - RCMP
 Contracting out issues
 Aquatic facility
PERSONNEL POLICY AND
PROCEDURE MANUAL
Overview
 Why?
 What?
 Who?
Types of Policies
 Financial
and Administrative
 Employment
Why?
 To
set clear organisational standards
 To
support good Employee relations
 To
reduce or avoid litigation
Requirements
 Ensure
Employees are aware of
Policies
 Language clear that policies are
intended to have contractual force
 Meaning is clear
 Reasonable
 Consistently followed
Policies and Collective
Agreements
 Collective Agreement
takes precedence
but only applies to Employees covered
by C/A
 May further clarify intent and practice
 Provides management and employees
with rules and procedures for working
out routine situations in an orderly and
consistent manner
Legal Requirements
 In
writing
 Non
discriminatory
 Meet
minimum Employment Standards
Need
 In
anticipation of problem
 As
a result of a problem
 Business
 Legal
need
requirement
Distribution
 Departments
 Available
to all Managers for guidance
 Available
to Employees for reference
Maintenance
 Living
document
 Routine
amendments
Research Questions
SECTION 1
POLICY MANUAL
 Authority
Manual
and Distribution of Policy
1.1
 Establishing
New or Revised Policy
1.2
 Supplements to the Policy Manual
1.3
SECTION 2
RECRUITMENT AND SELECTION
 Vacancies
 Recruitment
2.1
2.2
- General
 Recruitment - Delegated
Responsibilities
2.3
 Interview Boards
2.4
 Interview Expenses
2.5
 Hiring Procedures - R.C.M.P. Support
Staff
2.6
SECTION 2
RECRUITMENT AND SELECTION
 Policy
Deleted
2.7
 References
2.8
 Notification of Applicants
2.9
 Moving Expenses - New Employees
2.10
 New Employee Orientation
2.11
 Oath of Office/Oath of Allegiance
2.12
SECTION 2
RECRUITMENT AND SELECTION
 Probationary
Period
 Medical Examinations
2.13
2.14
SECTION 3
Demotion Layoff Discharge Retirement
 Demotions
 Layoffs
 Employee
3.1
3.2
3.3
Benefits on Layoff
 Dismissal - Termination
3.4
 Retirement
3.5
 Employee Benefits Upon Retirement
3.5.1
 Exit Interviews
3.6
SECTION 3
DEMOTION LAYOFF etc
 Working
Past Retirement Age
3.7
 Benefits upon Promotion to
Management/Excluded Positions 3.8
 Extended Absences
3.9
SECTION 4
STANDARDS OF CONDUCT
 Standards
of Conduct
4.1
 Conflict of Interest
4.1
 Discrimination
4.2
 Uniform/Dress Policy
4.3
 No Smoking Regulation
4.4
 Celebration During Working Hours
4.5
SECTION 4
STANDARDS OF CONDUCT
 Social
Committee
4.6
 Substance Abuse
4.7
 Workplace Harassment
4.9
 Workplace Harassment Procedures
4.9.1
 Rest Periods and Use of Coffee Shops
4.10
 Departmental Reporting in Procedures
4.11
SECTION 4
STANDARDS OF CONDUCT
 Use
of City Vehicles
4.12
 Vehicle Allowance - Management
4.12.1
 Driving Abstracts
4.12.2
 Employee Liability Indemnification
4.13
 Email, Internet & Computer Use
4.14
SECTION 5
EMPLOYEE DEVELOPMENT
 Employee
Personnel File and the
Release of Information 5.1
 Job Descriptions
5.2
 Job Classification & Reclassification
5.3
 Job Classification & Reclassification
Procedure
5.3.1
 Employee Performance Appraisals
5.4
SECTION 5
EMPLOYEE DEVELOPMENT
 Employee
Planning & Development
(Excluded)
5.4
 Training and Development 5.5
 Association Fees
5.6
 Council Presentations to Employees
5.7
 Recognition on Retirement - Paid-onCall Firefighters
5.7.1
SECTION 5
EMPLOYEE DEVELOPMENT
 Employee
Assistance Program 5.8
 Discipline
 Grievance/Complaint
5.9
Procedure 5.10
SECTION 6
WAGE/SALARY ADMINISTRATION
 Payroll Administration/Inquiries
6.1
 Pay Period Payroll Cheques
6.2
 Early Pay Cheque Availability
6.3
 Vacation Pay Advances
6.4
 Emergency or Salary Advances 6.5
 Overtime
6.6
SECTION 6
WAGE/SALARY ADMINISTRATION
 Management
Overtime
6.6.1
 Travel Authorisation/Expenditures 6.7
 Acting Pay
6.8
 Substitution Pay
6.9
 Graduated Wage Scale
6.10
 Snow Plowing Allowance
6.11
SECTION 7
VACATIONS/LEAVE
 Annual
Vacations CUPE & IAFF 7.1
 Annual Vacations - Management 7.2
 Statutory Holidays
7.3
 Sick Leave
7.4
 Family Illness
7.4
SECTION 7
VACATIONS/LEAVE
 Sick
Leave Bank
7.5
 Bereavement/Compassionate Leave
with Pay
7.6
 Leave of Absence without Pay
General 7.7
 Maternity Leave & Parental Leave7.8
 Jury/Court Witness Duty
7.9
SECTION 7
VACATIONS/LEAVE
 Deleted
 Attendance
7.10
Awareness
7.11
 Reintegration and Return to Work
7.12
SECTION 8
HEALTH AND SAFETY
 Health
and Safety Policy
8.1
 Occupational Health and Safety
Committee Policy
8.2
 Safety - Workplace Hazardous Material
Information System
8.3
 Workers' Compensation
8.4
 Injury/Accident Reports - Workers'
Compensation Board
8.5
SECTION 8
HEALTH AND SAFETY
 Acquired
Immune Deficiency Syndrome
(AIDS)
8.6
 Premium Pay for First Aid Attendants
8.7
 Prevention of Workplace Violence
Program
8.8
 Safety Footwear
8.9
 Blood Borne Pathogens
8.10
Questions
?
Thank You !
The HR Management Group