Bargaining language for unionized workplaces

March 25, 2020, changes to the EI system announced by the federal government means that it should be easier for workers who are temporarily or permanently laid off due to COVID-19 to access income supports.

In Ontario, the new emergency leaves are also a factor. If the employer was ordered to shut down or employee told they cannot work due to COVID-19, that employee is eligible for the new leave. During the leave, benefits and pensions should continue, as with all statutory leaves.

Note

Income supports are the last option for most CUPE locals.

In this situation, calculate the total compensation across all options. Will have to be workplace by workplace in these situations.

Recommendations for Staff Reps with locals dealing with potential layoffs:

  1. Review CAs for layoff, leave provisions, and benefits.

  2. Calculate total compensation for options outlined here.

PSE Staff Rep Asks

Layoff tracking

  • An email went out with a link for Reps to submit layoff numbers. Please fill this in by unit.

Enrolment tracking

  1. What are enrolment numbers for the 2020 Spring/Summer terms?
  2. What were the enrolment numbers for the 2019 Spring/Summer terms?
  3. What is the difference?
  4. How many courses will be offered for the Spring/Summer terms?
  5. How does this compare to the 2019 Spring/Summer terms?

The purpose of this is to determine approximately how much revenue the university is actually losing from tuition fees should there be low enrolment for the Spring/Summer terms. Proceed with caution if the university in your assignment projects a significant revenue loss for the Spring/Summer terms. They will likely provide a very conservative amount to justify their decision to layoff.

Minister of Colleges and Universities Announcement:

  • Government may be providing all publicly assisted colleges, universities, and Indigenous Institutions in the province an additional $25M in funding to address COVID-19 specific needs on campus, including mental health supports, purchasing medical supplies, and/or deep cleaning. No details have been announced yet on how the funds will be distributed.

  • Student loan repayments will receive a six-month interest-free moratorium until September 30, 2020.

Recommendation:

  • Encourage locals to seek clarification on how the university plans on using this additional funding.

CUPE memo to Ontario post-secondary education locals

LOU Memo

The below memo and LOU was developed by CUPE BC and edited for locals in the post-secondary education sector in Ontario.

CUPE Locals, our members and our Employers are aware that COVID-19 virus is affecting our workplaces and our members in a number of ways:

  • Requirements for members to self-isolate or to be quarantined on short notice

  • Workplace-related exposure

  • Facility or program closure or curtailments related to outbreaks

Remember, the situation is dynamic and more information and instructions are coming from government each day.

This memo provides a framework for National Representatives to:

  • support sectors and locals,

  • engage with Employers to ensure wage protection and fair treatment for members, and

  • ensure robust public sector response to the virus.

National Representatives should:

  1. requirements to disclose information on workplace exposure and measures taken in response to workplace exposure

  2. Quarantine or self-isolation

  3. Short Term Disability (STD) & sick leave

  4. Interactions with provincial workplace insurance boards

  5. Requirements for medical documentation to access wage protection

Engage your locals and employers in discussions around COVID-19 and propose a Letter of Understanding (LOU)

The LOU should supplement your Collective Agreement and WSIB provisions surrounding safe working places and wage protections to ensure:

  1. Employees have a right to know if they are working in a workplace that was exposed to COVID-19 and what measures are being taken to protect them from exposure, in addition to existing measures ensuring they are provided with all protective equipment necessary to perform their duties safely.

  2. Ability to temporarily engage in remote work for workers whose duties can reasonably be performed at home during an order to self-isolate or participate in a quarantine.

  3. Full wage protection with no impact on leave banks (including sick and vacation), or STD plans for regular, temporary, casual and auxiliary workers, ordered to self-isolate, for the duration of the order. Wage protection should be tied to regular hours of work or, in the case, of casual employees, their typical weekly wages, based on past shift patterns.

  4. Elimination or relaxation of requirements for medical documentation to access wage protection in the case of self-isolation and quarantine,

  5. Full wage protection for all workers negatively affected by a facility or program closure or curtailment, for the duration of the closure or curtailment.

  6. Have access and participate to any employer convened pandemic committee working on responses to the workplace.

Here is a draft language for an LOU to use with your locals.

Please review the LOU carefully and adapt it as required for each Collective Agreement in your N19.

The primary purpose is to protect CUPE members and assist the provincial public health effort by reducing barriers around implementing self-isolation when it is called for. Many workers may not readily follow voluntary measures unless wage protection is available due to financial pressure or necessity.

For self-isolation to work, we must ensure wage protection.

Engaging our locals and employers can secure member income and fair treatment in the event they are required to self-isolate or if they face program closure. We do not expect that all employers will engage on the terms proposed, but as the health crisis evolves, we may find ourselves revisiting these discussions in an effort to support robust public health responses.