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4. CUPE LOCAL 5500- COLLECTIVE AGREEMENT RATIFICATION RATIFICATION
DE LA CONVENTION COLLECTIVE – SECTION LOCALE 5500 DU SCFP |
CommiSSION Recommendation
That Council ratify the settlement proposed for resolution of
all outstanding collective bargaining issues for the renewal of the CUPE 5500
collective agreement for the period April 1st, 2011, to March 31st, 2015 and
that the CUPE 5500 collective agreement be made public upon ratification by
Council.
Recommandation dE LA comMISSION
Que le Conseil municipal approuve le règlement
proposé pour toutes les questions de la négociation collective en suspens afin
de conclure le renouvellement de la convention collective de la section locale
5500 du SCFP pour la période allant du 1er avril 2011 au 31
mars 2015 et que la convention collective conclue avec la section locale 5500
du SCFP soit rendue publique dès son adoption par le Conseil.
Documentation
1.
Transit
Commission report dated 18 August 2011 (ACS2011-CMR-OTC-0007).
Report to/Rapport au :
18 August 2011 / le 18 août 2011
Submitted by/Soumis par: Rosemary Theriault, Commission
Coordinator / Coordonnatrice de la Commission du la transport en commun
Contact Person/Personne ressource : Rosemary Theriault
(613)
580-2424 x21624 – Rosemary.Theriault@ottawa.ca
SUBJECT:
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OBJET :
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RATIFICATION DE LA CONVENTION COLLECTIVE – SECTION LOCALE 5500 DU SCFP |
REPORT
RECOMMENDATION
That the Transit Commission recommend that City
Council ratify the settlement proposed for resolution of all outstanding
collective bargaining issues for the renewal of the CUPE 5500 collective
agreement for the period April 1st, 2011, to March 31st, 2015 and that the CUPE
5500 collective agreement be made public upon ratification by Council.
Que la
Commission du transport en commun recommande au Conseil municipal d’adopter le
règlement proposé pour toutes les questions de la négociation collective en
suspens afin de conclure le renouvellement de la convention collective de la
section locale 5500 du SCFP pour la période allant du 1er avril
2011 au 31 mars 2015 et que la convention collective conclue avec la section
locale 5500 du SCFP soit rendue publique dès son adoption par le Conseil.
The Transit Commission has as a standing item on its meeting agendas, an in camera briefing from the City Clerk and Solicitor to receive periodic updates on Transit Collective Bargaining. In an e-mail to the Commission dated 9 August 2011, the Deputy City Manager advised of the recent announcement by the President of CUPE Local 5500 that the membership of CUPE 5500, comprising transit supervisory staff, Special Constables and selected support employees, ratified the conditions of the newly negotiated contract proposal.
On 17 August 2011, the Commission received a confidential briefing on this matter and the aforementioned recommendation was approved in open session.
The City of Ottawa and CUPE Local 5500 have
been engaged in a positive effort to conclude a renewal of their collective
agreement and to resolve any outstanding bargaining issues through good faith
negotiations. Through these efforts, both
parties have reached a proposed resolution of all outstanding collective
bargaining issues that reflects the City’s commitment to fiscal responsibility
and which is fair to the members of CUPE 5500, to taxpayers and to transit
users.
In addition to establishing the terms and conditions applicable to CUPE 5500 members for April 1, 2011, to March 31, 2015, the tentative agreement also resolved a long-standing Job Evaluation (JE) process, commenced in 2006.
The JE plan is intended to ensure that the City is in compliance with Federal pay equity principles. Furthermore, as already noted, the City’s commitment to the JE process was made to the Union in 2006, with Terms of Reference signed in June 2007. Throughout last year, the City and CUPE 5500 made efforts to conclude negotiations surrounding any retroactive amounts owing to employees as a result of the new JE plan (the new rates of pay established under the Plan were to be effective January 1st, 2009). This retroactive, one-time lump sum payment is the final stage of implementation of the new JE plan.
The calculation of retroactivity for the new JE plans is often done on an employee-specific basis. However, in this instance, both CUPE 5500 and the City agreed to allocate the total amount owing to all members of the bargaining unit, in equal portions. This negotiated approach resulted in significant administrative savings to the City. As such, these retroactive payments will have no impact on the 2011 Transit Services budget, as it was expected that implementation of the Job Evaluation/Pay Equity plan for CUPE 5500 would be completed in 2010 and monies were set aside for this, at that time.
It should be clearly stated that this amount is not a signing bonus or other kind of compensation paid as part of the collective agreement negotiation.
RURAL IMPLICATIONS
N/A
As this matter was with respect to collective bargaining negotiations,
no public consultation was warranted.
COMMENTS BY THE WARD COUNCILLOR
N/A
There are no legal impediments to implementing the recommendations in this report.
N/A
CITY STRATEGIC PLAN
The tentative agreement reached between the City and CUPE 5500 is in
keeping with the May 13, 2009, direction from City Council that the City will
work collaboratively with the unions representing its employees with a view to fostering
harmonious labour relations.
In addition, the agreement reflects the two strategic priorities
endorsed by City Council namely:
TECHNICAL IMPLICATIONS
There are no technical implications to implementing the recommendation
in this report.
The tentative agreement falls within the economic mandate approved by City Council for this round of collective bargaining. In addition, and as noted previously, the costs of implementation of the JE plan (i.e. retroactivity) has previously been accounted for and the proposed agreement falls within the amount reserved.
Document 1 - Extract of Draft Minute, 17 August 2011
If the proposed is ratified by Council, staff will amend the collective agreement accordingly.
IN CAMERA ITEMS
POINTS EN HUIS CLOS
STANDING ITEM - TRANSIT COLLECTIVE BARGAINING UPDATE –- IN CAMERA
POINT PERMANENT – LE
POINT SUR LA NÉGOCIATION COLLECTIVE DANS LE TRANSPORT EN COMMUN –À HUIS CLOS
City Wide / a l’échelle de la ville
Verbal presentation / Exposé oral
MOTION OTC 10/1
Moved by
Commissioner K. Egli
That, in accordance with Procedure By-law
2006-462, as amended, the Transit Commission resolve In Camera pursuant
to Subsection 13(1)(d), labour relations or employee
negotiations and Subsection 13[1][f],the receiving of advice that is subject to
solicitor-client privilege, including communications necessary for that
purpose, with respect to receiving an update on the City’s collective
bargaining with the ATU Local 279 and CUPE Local 5500.
CARRIED
Following the
in-camera session, the regular meeting resumed at 12:02 p.m.
MOTION OTC 10/2
Moved by Commission K.
Egli
WHEREAS the City of Ottawa and CUPE Local 5500 have
been engaged in a positive effort to conclude a renewal of their collective
agreement and to resolve any outstanding bargaining issues through good faith
negotiations;
AND WHEREAS through these efforts the City and CUPE
5500 have reached a proposed resolution of all outstanding collective
bargaining issues that reflects the City’s commitment to fiscal responsibility
and which is fair to the members of CUPE 5500, to taxpayers and to transit
users;
THEREFORE BE IT RESOLVED THAT the Transit
Commission recommend that City Council ratify the settlement proposed for
resolution of all outstanding collective bargaining issues for the renewal of
the CUPE 5500 collective agreement for the period April 1st, 2011, to March
31st, 2015;
AND THEREFORE BE IT FURTHER RESOLVED THAT the CUPE
5500 collective agreement be made public upon ratification by Council.
CARRIED
MOTION OTC 10/3
Moved by Commissioner K. Egli
WHEREAS
the City of Ottawa (the “City”) and the Amalgamated Transit Union, Local 279
(the “ATU”), are parties to a collective agreement (the “collective agreement”)
covering employees in the Transit Services Department/OC Transpo;
AND
WHEREAS the collective agreement was the subject of an interest arbitration
before the Keller Arbitration Panel (the “Panel”) following the last round of
bargaining;
AND
WHEREAS the Panel on July 22, 2011, issued its final ruling in the arbitration
and, in doing so, finalized the 2008-2011 collective agreement;
AND
WHEREAS Ottawa City Council has on May 13, 2009, endorsed the principle that it
will work collaboratively with the Unions representing City employees with a
view to fostering improved labour relations;
AND
WHEREAS the City has stated its desire that the collective agreement be one
that is fair to ATU members, to transit riders and to Ottawa taxpayers;
THEREFORE
BE IT RESOLVED THAT the Transit Commission hereby delegates to the Mayor and
the Transit Commission Chair the authority to meet with the President and
Vice-President of the ATU to discuss the next steps in collective bargaining.
CARRIED