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UPDATED: Lockout lifted, but no agreement

'We value our staff and we want to see them back at work doing what they do well'
cupe children's aid rv 2016
Photo by Ryen Valdhuis.

It may, or may not be a break in the four-month-old Children's Aid society lockout.

In a news release today the Nipissing Parry Sound CAS lifted its lockout and invited employees back to work.

"The Children’s Aid Society of the District of Nipissing and Parry Sound (CAS) today announced that it is lifting the lock-out of CUPE Local 2049 members. Employees who consent to the terms and conditions outlined on the CAS website will be welcomed back to work Monday April 24, 2017," says the release.

One of those conditions reads, "From the date that employees return to work until the conclusion of the renewal collective agreement (whether by agreement of the parties or by issuance of an arbitrator’s award), the terms and conditions of employment applicable to bargaining unit members will be those which were in effect on the day prior to the commencement of the lockout."

CASNPS’ Chair, John Stopper, believes that “the terms and conditions for the return to work are fair and balanced”.

The Society’s Executive Director, Gisèle Hébert added, “We value our staff and we want to see them back at work doing what they do well”.

Both the Chair and Executive Director hope that notwithstanding the return to work, bargaining towards a collective agreement can resume concludes the release.

But Debbie Hill, President of CUPE 2049 isn't impressed by the move.

"The employer asked us nearly two weeks ago to consider going to binding arbitration as a resolution and since that time we have worked diligently trying to agree to terms to send all this to arbitration. Unfortunately, the employer has done nothing but drag their feet once again and are clearly not engaged with the union in trying to work out the agreement of those terms. So at this point we don't have an agreement to go to arbitration.

"So what they have done today, I'm disappointed that again instead of trying to work cooperatively they're going to try and circumvent the entire process."

Hill says she'll speak with her members, who have already given the union a strike vote, tonight and go from there.

"The members have been very clear. They've told us what is and what is not acceptable and that's what the bargaining committee is representing on their behalf.

"Should they [management] lift the lockout and the union not be in a position to go back because the conditions they're suggesting are not in line with our mandate then I guess potentially the option would be to call a strike."

One of the key issues in the dispute has been sick leave and that has been addressed in the list of conditions.

"Sick Days and Short Term Disability Leave: Articles 25.07 and 25.08 of the Collective Agreement that was in effect on the day prior to the commencement of the lockout shall be replaced with the following provisions effective April 24, 2017:

  • a) All Full-time Employees will be provided with a bank of 3 sick days upon return to work and will be eligible to earn one additional sick day per month to a maximum of 10 sick days at 100% salary
  • b) Employees will be required to submit a medical certificate as proof of illness.
  • c) Any absence due to sickness beyond 3 consecutive days, will be subject to third party adjudication and if approved will be reimbursed at 75% of the employees regular wages.
  • d) An employee who is unable to return to work as a result of an illness or injury that occurred during the lockout period or prior to December 23, 2016, shall be eligible, subject to the medical adjudication process in place, for sick pay at 75% of the employee’s regular wages commencing on the return to work date pursuant to this agreement.
  • e) Should the renewal collective agreement, whether achieved by way of agreement of the parties or by way of an arbitration award, include sick leave provisions that are greater than the provisions listed in paragraphs a, b, c, and d above, the employer will implement the new language retroactive to April 24, 2017.

Jeff Turl

About the Author: Jeff Turl

Jeff is a veteran of the news biz. He's spent a lengthy career in TV, radio, print and online, covering both news and sports. He enjoys free time riding motorcycles and spoiling grandchildren.
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