News events of November 24, 2009

Good day readers.
An unfortunate turn of events today in Hamilton gives us cause to reflect on our chosen job.

Please understand that on any given day, anything can happen, so be alert on the inside and the outside. In consideration I also ask we practice the vigilance that keeps us safe at all times.

I have sent a note of support to Local 248 through their President, and, if you know anyone who is feeling stressed about it, please lend a hand.

In solidarity, Emidio.

Crossroads

Good day readers.

I came across this awesome signpost on another website and it made me think about the everyday atmosphere we are facing.

The fear, confusion and doubt about our new contract and the relationship between each other, the union and the employer is at the crossroads.

From my conversations with many of you some ideas have become routine areas of hope and wonder, and the first and foremost is that the issues need to be out on the table and problems solved together based on the wellness of the organization and solidarity of the union membership.

The first area that can be worked on is participation at all levels in your union so that you are aware of our structure and how your issues are handled.

Secondly, GET INVOLVED, INFORMED AND ACTIVE !!!

We have three years to get REORGANIZED for the next contract and ensure that this level of frustration doesn't happen again. Much to think about...

In solidarity, Emidio.

MERC team

Good day readers.

Get the message out, the MERC team posts info on their site...

www.correctionsmerc.com

In solidarity, Emidio.

Rollover agreement?

From the Local 234 Executive and fixed term employees working side by side as Correctional Officers to our brothers and sisters in every institution, classified or not, it is about time we get away from casualization of our work! No matter what deity you pray to!!

In solidarity, Emidio.

H1N1

Good day readers.
Here are some articles regarding CO's and flu shots

http://www.healthzone.ca/health/newsfeatures/swineflu/article/723825--ontari

http://www.torontosun.com/news/canada/2009/11/11/11706991-sun.html

More to come...
In solidarity, Emidio.

Sick time policy issues

Good day readers.

Many members are asking me about the policy and direction to follow and I offer the following opinions to the local as a whole.

The meetings are the employers to hold and as such are not an agreement between them and OPSEU. You have every right to ask questions, challenge the language and grieve the process and policy as a whole. The employer has been lax in answering questions regarding the program.

As I see it, you have two issues to deal with:

● Entry into the program; and,

● progression through the program.

Both situations have employer hosted meetings and it is imperative that you participate in them to raise your concerns and objections to effectively handle any grievances that may arise.

You may not agree with the process, the policy and the employer so you should actively participate in the meeting and document the process and follow up with your representative.

PRIOR TO A MEETING

Read the applicable program, the Duty to Accommodate and any other quoted policy and Act.

If you are unclear about what is happening find a representative who can explain it to you.

Arrange for the representative at the earliest possible moment to ensure you have a global view of the situation and have time to get documents in order. Be prepared!

THE MEETING

It is important for you and your representative to know who is taking notes. These should include who was there and the time and date the meeting occurred. These should eventually be part of the grievance process so please try to have them. It is imperative to start this process at the inclusion into any program as it begins the continuity of facts to draw from.

Due to the type of meeting, please ensure you have a representative who has knowledge of the issue and ask for confidentiality. This is important due to the experience level of having prior knowledge of what is happening and what has occurred previously in other cases. Also, if you have had meetings without a representative it is advisable to have the representative view what has happened to date to ensure you haven't missed a piece of the process and were dealt with fairly. The meeting will have preliminary discussion and may seem trivial or one-sided but it is advisable to ensure you understand what is happening and what you will be receiving as follow up in any case. If you leave the meeting and the follow up letter doesn't include a point of discussion send an email to clarify what was said.

Since this is a new program there are issues you should be raising and documenting in your notes and ensure the employer notes your points. If they don't, you can send an email confirming what was raised and left out.

Issues such as the following:

● objecting to the lower threshold of four occurrences or seven days, as it is unclear and inconsistent with the past threshold of 11.5 days and the rationale behind the 11.5 days as one of the highest ministry thresholds in the Ontario Public Service(OPS);

● that the employer is being political rather than treating staff across the OPS in a non-discriminatory way;

● that the threshold of four occurrences or seven days leads to the belief that the minimum trigger for inclusion and progression is seven days. The term is occurrences or days, not occurrences means days;

● that WSIB should not be included at any level;

● that the policy is perceived to be in bad faith in that it is contrary and, in essence, a denial of negotiated benefits for short term sickness and the accrual and use of attendance credits;

● that the policy is perceived to be by some as a case for constructive dismissal, in essence, your absenteeism can be the same year in and year out and under a threshold and now it is able to be used in a program as over a threshold.

Also, be aware that the employee side of the Provincial Joint Occupational Health and Safety Committee raised six points to discuss at the last meeting in October, three of which are:

● solely basing inclusion in the program on numbers of days absent without considering the cause;

● absences caused by disabilities shall have considerations with respect to the duty to accommodate;

● and consider the individual's circumstances on a case by case basis, including any provisions made in the duty to accommodate.

Don't be afraid to ask for accommodation if you require it or the Employee Assistance Program information and discuss the options clearly. You should be asking for consideration on the threshold based on the duty to accommodate. A copy of the policy should be at the meeting.

The last thing that should be clarified before you leave the meeting is whether you are being considered for termination, especially considering what level meeting you are at. Have it documented to put the issue to rest. If the employer states you are at risk, ask for it to be documented as part of the meeting and outline why. If the employer doesn't wish to write it down ask for it to be clarified in a follow up email.

These are simply my opinions on how to effectively handle these meetings until any decisions of the Grievance Settlement Board come down. I hope it helps.

In Solidarity, Emidio.