June 7, 2023

Your CUPE 1063 Executive will be updating our members with educational information that will be both emailed and updated on the CUPE 1063 website.

We have also decided to update our members from time to time on the current state of Labour/Management issues and relations.

We believe it is important to update you on behind the scenes challenges that may or may not affect you in the future.

Since the recent completion of our Collective Agreement negotiations, we have discussed numerous large-scale issues with the employer that presently challenge our membership and some that may become challenges in the near future.

They include but are not limited to:

1. Arbitrary and non-transparent WCB H/R policies
2. Managements use of Vacant Desk Management practices
3. Future Contracting Out and Tech change challenges
4. Future reorganization changes related to “Innovation” and how it may negatively affect members
5. Bargaining issues that are less than 2 years away

First on our list is the recent changes made to the WCB Work from Home (WFH) Agreement which include changes to the Collective Agreement, Letter of Understanding and changes to the WCB H/R WFH policy.

New to the process is the employer’s use of a low, medium, and high rating for each position within the WCB that may allow members to work from home. We have been advised that a detailed set of criteria was used to slot each position into a low, med, or high ranking.

This is a new process to the Union as the employer stated that they have identified specific criteria for each position. When we asked your Human Resource Department for a breakdown of the criteria, we were advised that the employer would not share that information. When questioned why, we received numerous reasons from the Union already had it too we don’t have to give it to you.

Your Union submitted a policy grievance indicating that the employer was not being transparent in their disclosure of information that would allow each member within the WCB to be able to decide if it was an issue to be grieved.

Below are some responses that we received from H/R:

As per the LOU, the Employer determines suitability for WFH and it is at our discretion. The suitability results were shared with the union last year and any questions regarding specific positions were answered at that time and grievances were heard to address any concerns. On an annual basis we will be communicating any changes to suitability ratings.

The other information in the e-mail to you reflects the positions where there was an increase in the number of days provided within the suitability category (i.e. eligible for 1-2 days, previously were given 1, now being given 2). Again, this is a good news story as there is a large number of positions that will be seeing an increase in the number of days that they can work from home.

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Determination of suitability is at the Employer’s discretion and there is no requirement under the Collective Agreement for us to provide anything other than the list of suitable positions and a list of any updates, which we have done. Positions are assessed consistently throughout the organization, looking at the nature of the work and operational requirements, as outlined in the LOU. In the event a request is denied or granted on a modified basis the Employer must provide rationale for the decision which we have done in all instances where a dispute was raised. We have followed the Collective Agreement and there has been consistent application in doing so.

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The decision not to share the criteria was communicated on March 29, 2023. Determination of suitability remains at the Employer’s discretion. If your members disagree with the specific suitability rating for their position, as part of the grievance process, the Employer would need to provide rationale for their decision on that specific position and it would be up to the union to make the case for why they feel our decision violates the collective agreement.

 What is the meaning of being transparent?

• open and honest, without secrets: We are committed to being totally transparent about our charges. Thesaurus: synonyms, antonyms, and examples. telling the truth and able to be trusted.

At no time did your union dispute the employer’s criteria may be reasonable and fair, we just wanted an opportunity to review it so we can be positive that it is fair and reasonable to you!

We have advised the employer that CUPE 1063 believes that one of the core values of a positive Labour/Management Relationship is transparency and we will continue to pursue that relationship.

Bob Sawchyn

President

CUPE 1063