Now we know why the Police attended at the CUPE meeting. Unbelievable actions by the City!
Please do not dare tell me now that the City wanted the strike to end!
I saw the Star article this morning on the Back To Work Protocol and here is what it said:
- "Francis said after waiting for the union’s document until late afternoon, the city decided to send its own version to the CUPE leadership at 5 p.m. He said CUPE employees and non-union city employees who attended the various union rallies during the day reported back that CUPE workers stood to lose their city jobs with the offer being presented at today’s ratification vote.
Francis said the CUPE leadership was sowing “unfounded fear” in advance of the vote.
The city document is actually only one page, with a cover page explaining why the employer was handing them out to strikers directly.
“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" says the covering letter."
Hey, I thought that was pretty good. Then I saw that the Star had posted a copy of it and the covering letter. Here it all is:
- "Editor's note: Below is a copy of the text from the proposed Return to Work agreement City of Windsor managers handed out to striking CUPE in advance of the members' vote on the city's proposed contract Thursday, July 16, 2009.
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 543, 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 are to notify their respective Executive Directors who will then notify their respective 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) Regular Full-time Early Childhood Educators (ECE’s) shall be contacted by their Executive Director (or their designate) as to the centre they will be deployed on Monday, July 20, 2009. A reasonable and fair attempt will be made to allow the employee to be recalled to their identical location and schedule that they held on the last day worked prior to April 18, 2009.
c) 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
d) Regular Part-time employees shall be contacted by their respective Departments regarding their work schedule and locations.
e) Pursuant to a previously signed Memorandum of Agreement between the parties, Temporary and Recreation 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. 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.
6. 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.
7. 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.
8. 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.
9. 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 543
______________________________ ______________________________
Executive Director of Human Resources Recording Secretary, CUPE Local 543
HOLD ON........THERE WAS NO SUCH TERM IN THE AGREEMENT ITSELF, JUST IN THE COVERING LETTER WHICH IS NOT PART OF THE AGREEMENT AT ALL LEGALLY!
I had already figured out that Eddie said no firing but he did not say no discipling. BUT no term in the contract at all----what kind of silliness is this!
How can anyone deal with this City????
Who is sowing fears now? May Eddie reap what he has been sowing.
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