Inside - peiupse.capeiupse.ca/advocate/2012_ADVOCATE_SUMMER.pdftelephone: (902) 892-5335, toll free:...

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Inside:

pg 2, 3 - Editorial & President’s Perspective

pg 4, 5, 6 - PEI UPSE Launches Campaign

pg 7, 8 - Your Pension Plan

pg 9, 10 - Canadians for Tax Fairness & UPSE Has a Heart

pg 11, 12 - Presidential Election, Family Fun Day, Federal Job Cuts

pg 13, 14 - HST in PEI & Privatizing Liquor Sales

pg 15, 16 - Community Inclusions, Casual Workers Under Attack

pg 17, 18, 19 - Grievances and Bargaining - Updates

back page - Join the “Wave Goodbye to PEI campaign”

If unable to be delivered, please return to: Union of Public SectorEmployees, 4 Enman Crescent, Charlottetown, PEI C1E 1E6

Volume 31 Number 2, Summer 2012 www.peiupse.ca

Prince Edward Island Union of Public Sector Employees

PEI UPSE is proud to represent over 5000 members in both the public and private sectors.

The Advocate - Summer 2012 2 www.peiupse.ca

THE ADVOCATE is published by the P.E.I. Union of Public Sector Employees for distribution to its members. In pursuing the goals of effective, democratic unionism, members are urged to use this newsletter as a forum to exchange opinions, information and ideas through the submission of letters, articles, cartoons, photographs and other vehicles of expression. In this way, we can Communicate with each other, Educate ourselves about what is happening and why it is happening and Advocate a course of cooperative action that is beneficial to this union, its members and the society we inhabit.

Submissions should be addressed to: The ADVOCATE, c/o PEI UPSE, and bear the name, address and telephone number of the contributor. Material printed with a member’s signature does not necessarily reflect the views of this union or any of its elected officers or staff.

Contact PEI UPSE 4 Enman Crescent, Charlottetown, Prince Edward Island, C1E 1E6 telephone: (902) 892-5335, toll free: 1-800-897-8773 fax: (902) 569-8186, e-mail: [email protected]. web site: www.peiupse.ca

Managing Editor: Mark Barrett

Printed at Transcontinental Prince Edward Island, Borden-Carleton, P.E.I. All material appearing in The ADVOCATE may be reprinted or photocopied (please credit).

EditorialPEI UPSE has a Responsibility to Uphold Public ServicesPEI UPSE has embarked on a public service action campaign called Wave Goodbye to

PEI. The campaign and its goals are described in detail on page 4 of this Advocate. The union has launched the campaign in response to the provincial government’s job cuts and elimination of vital public services that all Islanders depend on. The union is also responding to the government’s agenda to privatize public services in Prince Edward Island.

Why do unions run campaigns? PEI UPSE has a duty to respond to public policies when the interests of our members, their families and the public good is at stake. Our Constitution states that we must “protect the rights and interests of all our members in all matters connected with the employer/employee relationship,” and we must “provide a medium for united action on any issue of concern between employers and employees.” Our success in this regard is measured by our ability to influence public opinion and political power. Just think, if unions did not participate in the political process we would not have access to such things as:

• universal public health care• employment insurance• workplace health and safety legislation• minimum employment standards• public pension and disability plans• a clean and healthy environment• public education and recreation for our children

It is the union’s job to make the connection between public policy and the overall well-being of our families, our communities, and the daily work of our members. The provincial government’s attack on public service employees translates into more than 600 job cuts in Prince Edward Island. Government austerity kills jobs, then it kills business investment, then it leads to a decline in the

PEI UPSE Executive Officers

President: Shelley Ward [email protected]

First Vice-President: John Searle [email protected]

Second Vice-President: Karen Jackson [email protected]

Third Vice-President: Terry [email protected]

Secretary-Treasurer: Simon Hashie [email protected]

PEI UPSE Staff

Hans Connor LLB: Labour Relations [email protected]

Troy Warren: Labour Relations [email protected]

Andrew Jack: Labour Relations Officer [email protected]

Blair Weeks: Research Education and Policy [email protected]

Mark Barrett: Communications & Campaigns Officer [email protected]

Cathy MacKinnon: Resource & Organizing [email protected]

Lisa Rossiter: Office Supervisor [email protected]

Tammy Laybolt: Membership Records Coordinator [email protected]

Mary MacLean: Education and Meetings [email protected]

Ken Murray: Technology and Information [email protected]

quality of life for all Islanders. The government should be investing in public services to create a more productive economy. The citizens of PEI elect governments to serve them, and having supplied the necessary funds through their taxes, are entitled to receive basic public services from government. As members of PEI UPSE we endorse an official proclamation called “Your Right to Public Services.” Together, we declare these fundamental principles:1. Public services must be accessible to all citizens, no matter where they live, and regardless of their social or economic status.

2. Public services must not be withheld or delayed by any kind of discrimination or political bias.

3. Public services must be delivered efficiently, promptly and courteously, by public employees.

4. Public services must not be provided by private firms or individuals who are vulnerable to patronage, whose profit seeking priorities and lack of public accountability are incompatible with quality services.

5. Public services must be funded through a progressive tax system based on ability to pay and must be maintained at levels adequate to deliver the services needed.

The union understands that each and every PEI UPSE member is important and worth defending. Your livelihood is essential to your family and your community. When services are cut, the need for those services does not go away. We must fight to ensure that public services are accessible to everyone. The average family enjoys about $40,000 worth of public services each year. No better bargain exists for Islanders than to pool their resources and spend on providing public capital and services available to all. Public services like health care and education help attract investment and jobs to our Island. Public sector spending pays for schools to educate workers and roads to allow businesses to ship goods. PEI UPSE members pay for homes and groceries, and the money they earn is spent in local communities at local businesses. Deep cuts in public sector spending will harm the private sector and economy as a whole. We must stand together and fight for the PEI we know and love.


President’s PerspectiveGreetings Brothers and Sisters:The recent austerity measures which the Liberal government introduced during the Spring sitting of the Legislature ranks as one of the most damaging decisions a PEI government has ever made. Others would argue they were decisions that had to be made. I guess it all depends on which side of the fence you are on. All Islanders waited for the Liberal government’s decision on how they were going to deal with a looming deficit. PEI UPSE hoped there would not be drastic cuts to the public service.

During their first term the Liberal government made big announcements that turned out to be empty promises. Government simply ran out of race track in regard to funding. The good times are over and now government is blaming everyone else for its short - comings. In the future, federal transfer payments will be insufficient, particularly for health care. The tax revenue derived from the PNP program has disappeared. Most importantly, there are no further monies left from the tax base to spend carelessly.Someone has to come good for all of this. The government has chosen to blame public service employees and threaten the services they provide. But wait, the Liberal government did not just stop there, they had to go one step further and focus on the most vulnerable of our society - the working poor, casual employees and our seniors. From a heartless government’s perspective it is the perfect way to deal with a bad situation. They know that these people will not have the resources to fight back. At the same time they know that those who are in the minority, the rich of our province, will be there to support them in their austerity measures. But, despite these realities, public service employees should not be afraid to defend themselves.

So let’s put everything into perspective. The business community runs on the rules of economics. Economics is about supply and demand. The business community knows this. A business cannot sustain itself unless the demand is there. If you don’t have people with the means to buy your product then you cannot prosper. Now let’s look at the experience of everyday Islanders.

Shelley Ward, President, PEI UPSE

PEI has the highest unemployment rate in Canada. We live a province where there is little or no job opportunities, no matter what the age. Our youth are leaving the province to seek good paying jobs elsewhere. Our seniors are looking for work because they cannot afford to live here because of the higher cost of living. Our working poor cannot find good paying jobs to feed their families. We now have a government who refuses to allow the people a democratic vote on the introduction to a regressive tax, the HST. The HST will force many of these same people into greater income inequality.

We are at a crossroads and leadership from our government is imperative. We must be creative in order to increase economic growth. Government’s solution is to rely on outdated “trickle-down” economics that, over the past twenty years, has never worked. It simply puts more money in the hands of the wealthy. Introducing austerity measures at a time when our economy is growing slowly is not an effective way to spur growth. In fact, austerity often slows growth as it reduces the flow of capital in our economy. Eliminating jobs translates into fewer people spending money in our local businesses. This also leads to job losses in the private sector and again – fewer people spending money. In one fell swoop, our government:

• laid off over 400 employees who rely upon casual work;

• cut vital services which will leave our youth at-risk without anyone to help them and their families in need;

• cut funding to non-profit organizations;

• has not created any sustainable jobs especially in rural PEI;

• has not brought to the people a solution for the people;

• is jeopardizing proven government revenue generators like the LCC by allowing the private sector to sell liquor; and

• has opened the door for decreasing government assets by putting our parks and golf courses up for sale.

All of these decisions have been made at the worst time. What does all this mean for Islanders? It means that we will have less revenue coming in for health care, education, social services, child protection, environmental protection, tourism, safety and security. This is where the majority come into play. The majority have to stand up for all Islanders and most importantly for themselves. We cannot be led by the chosen few who have it all. Public service employees did not create this deficit, public service employees did not spend the money on bad business deals. On the contrary, public service employees and

front line workers ensure that you have safe roads to drive on, that your children are safe from harm, that you are cared for when you are sick, that when a crime is committed that society is protected, that when you drink your water it is safe from disease, that our rivers and streams are kept clean, that liquor is sold by professionals and it does not get into the hands of those who should not have it - and the list goes on.

Recent announcements from this Liberal government on the plan to eradicate poverty came at a time that was “too-little-too-late” with no solution in sight. We have heard the Premier and his ministers chastise the Federal government for doing the same thing they have done in their own province. Maybe it’s time they stop and reflect on their own decisions. It is true that the Harper government has a destructive anti-Canadian, anti-democratic, and anti-labour stance. However, the Liberals in this province have taken a page from the Conservative’s playbook.

One thing is clear, the latest decisions made by both the provincial and federal governments have shown that nothing is sacred. We are all moving targets wondering when and what the next attack will be. Jobs and job security, pensions and retirement security, public services and nonprofit organizations, have all been affected. Until we all stand together with a common voice and say “enough is enough,” these attacks may not stop soon enough. Many believe, “if I keep my head low and say nothing, I will be safe.” Who would have thought that a vital service like Family Ties would be cut? A vital service is gone - one of the many casualties in rural PEI.

Many will say selling liquor in corner stores is convenient. Convenient for whom? For the person making a profit at the expense of jobs being lost and rural decline. Is that what we really want? We would ask all PEI UPSE members to refrain from buying any liquor products from any agency store. Spend your money in a government liquor store and support your brothers and sisters who need their jobs just as you need your job. Support free health care and free education for your children. Support all public services. This is what solidarity is about. This is how you can help out. It may not be you this time but it could be the next and we all need to be there for each other when it comes to job security and protection of our provincial services - no matter if they are public or non-profit. Remember an injury to one is an injury to all. We are all the PEI Union of Public Sector Employees.

In Solidarity,Shelley Ward, PresidentPEI UPSE


PEI UPSE Launches Campaign

The PEI Union of Public Sector Employees

has launched a campaign to defend

the public service from ongoing attacks

leveled by the current provincial

government.

The goal of the campaign is to raise

awareness about the provincial

government’s systematic dismantling

of the public service and indeed “way of

life” of all Islanders. The theme of the

campaign is - Wave goodbye to

PEI. It represents the idea that we are

“waving goodbye” to the Island way of

life we know and love; waving goodbye to

compassion and cooperation in favour of

a society leaning toward privatization and

the elimination of people and services that

all Islanders depend on.

By raising awareness about the folly of the

government’s actions we build support

for the public service and send a strong

message to government that we will

stand together in solidarity against this

destructive public policy.

In December, 2011 the Ghiz government

announced plans to cut every department

except Health by 3%. At this time, the

Premier indicated that these savings

would come in the form of program

spending and job eliminations through

attrition. We now know much differently.

Program spending” or “program review”

has come to mean over 400 public service

employees receiving layoff notices and 300

additional positions being

Is this the beginning of the end for our Gentle Island?

eliminated

through attrition

over the next

three years.

These cuts have

impacted PEI

UPSE members

in many

departments

throughout

government.

The largest cuts have affected casual

workers in the Department of Transportation

and Infrastructure Renewal with over 250

road workers being laid off. Other cuts have

affected social workers, youth workers,

Liquor Control Commission workers,

property guards, and librarians; as well as

workers in the Department of Environment,

Tourism and Culture, Finance,

Energy and Municipal Affairs, and Education

and Early Childhood Development.

The April 18, 2012 provincial budget was

perhaps the most damaging budget to

emerge since the Callbeck years. The budget

appeases the private sector and corporations

at the expense of front line public service

workers and the vital services they provide

to Islanders.

The government blames public service

employees, the public service pension plan,

federal transfer payments and the recession,

for the $78 million deficit. They do not

accept responsibility for their own financial

management practices.

First, in regard to the wrongness of blaming

the public service for the current financial

situation we must consider the following:

government was elected on the basis of

providing Islanders with essential public

services like health care, education, social

services, and environmental protection.

Their duty to the people of Prince Edward

Island is to maintain and improve these

services for the benefit of all, and this

requires investment. Cutting public services

and blaming the province’s financial

situation on the people who deliver these

services is unacceptable.

Second, government is obligated by law

to contribute, as employees are, to the

civil service superannuation fund (CSSF

- pension plan). Using the pension as a

scapegoat in times of economic challenge is

unacceptable.



Core priorities such as properly funding the

CSSF must be upheld. Third, the idea that

federal health transfers are decreasing is

misleading. The current transfer amount is

not decreasing. Federal health transfers will

continue to grow at 6% per year until 2016-

17. They then will be tied to growth related

to nominal GDP. This will result in a yearly

increase in health transfers at levels below

the current 6%. However, blaming the

current financial situation on future growth

rates of the health transfer is irresponsible,

and again is a convenient scapegoat for the

provincial government.

Finally, blaming the recession for this year’s

deficit is problematic. The recession ended

in the summer of 2009 – two and a half

years ago. PEI was affected and interest

rates on investments continue to yield poor

growth. However, these challenges can

be overcome through prudent spending

practices. The recession did have an impact,

but it was not devastating by any means.

The provincial economy on PEI did not itself

enter recession and GDP increased year

over year from $4.3 billion in 2007 to over

$5 billion in 2011. Government revenue

also increased by over $360 million since

the current administration came to power

in 2007. According to the TD bank’s latest

provincial outlook, PEI is also expected to

grow at a rate of 2.5% in 2012, outpacing all

the other Atlantic provinces.

The fact is, with proper management of the

public purse, the government can afford to

invest in public services.

However, because government’s priorities

are largely misplaced, they continue to

move Prince Edward Island in the wrong

direction and the Wave goodbye to

PEI campaign illustrates this.

The budget places significant emphasis

on the private sector as being the

engine of growth and employment in

our economy. The union has no problem

with the private sector growing and

prospering. After all, the public sector

provides the infrastructure that allows

the private sector to compete and thrive.

However, the union strongly disagrees

with government’s stance that it must

play a vital role in “risk sharing” and

providing “access to capital” (budget

address, p19) for the private sector.

We have seen the province squander

millions of dollars through Ocean

Choice, Homburg, Food Trust/Mid Isle

Farms, the Beef Plant, and the latest

write-off on outstanding hog loans.

The loss of countless millions of dollars

to questionable business investment

represents capital that could have been

invested in public services and in the

prevention of job cuts that are now

hurting Island families and the economy.

If, for argument sake, we grant the

government’s position that the financial

situation is dire as a result of the factors

they cite, then this only fortifies the

union’s position that in tough times “risk

sharing” and providing “access to

capital” should be severely limited.

If times are as tough, as they claim, and capital

is in short supply, then isn’t this the best time

to invest in public services to ensure that

Islanders are employed and are able to spend

money in the economy so that it can flourish?

In this way Islanders win on two counts: they

are provided with important services that

they need and were promised, and the flow of

capital in the economy fosters growth. On the

other hand, a government that implements

outmoded trickle down economic policy and

uses the heavy hand of austerity to create

growth will fail.

The province’s

plan is

a recipe

for slow

economic

growth and

increased

income

inequality in

our society.

By following the Ghiz master plan, we as

union members and Islanders are, in effect,

“Waving goodbye to PEI,” the place we

know and love.

The next prong of the government’s attack

on our way of life and values involves

increased privatization of public services. The

government’s announcement to introduce

private liquor store outlets through the

introduction of agency stores is misguided and

not supported with evidence. In fact, research

shows that privatizing liquor sales creates

negative health and social outcomes.



Private outlets are motivated by profit

and are more aggressive and less socially

responsible in their approach to selling

alcohol. If we look at Alberta, they have the

highest alcohol consumption rate in Canada

and one of the highest crime rates related

to alcohol. This is not the direction the

province should be heading in. Privatizing

liquor sales is a policy decision that forces

us to “Wave goodbye to PEI,” the place

we know and love. Also, note government’s

decision to sell our Island golf courses and

two of our provincial parks without public

consultation. This is not the move of an

open and accountable government.

And so, having increased its focus on

sharing business risk with tax payers and

privatizing public services, the government

introduced the third prong of their attack

on Islanders - the Harmonized Sales Tax

(HST). The HST will effectively shift more

of the tax burden from corporations and

business to citizens.

This regressive tax places a disproportionate

burden on those least able to pay. Islanders

will now be taxed on a much broader

range of goods and services. This move

effectively “penalizes middle and low

income families who spend virtually all of

their money on basic necessities to which

the HST is applied.”

For example, research shows in Ontario

that “while it was estimated that sales tax

revenue will increase by over $1 billion

in the first year of the HST, the amount

corporations will be paying in sales tax

will drop by $4.5 billion” (Public Service

Foundation of Canada). Introducing

the HST is like “Waving goodbye to

PEI,” the place we know and love.

In regard to maintaining and investing in

public services for Islanders, the province’s

long term plan is bleak. For example,

cutting social workers and youth workers

in the Family Ties program will directly

impact the welfare of young people in PEI.

The five youth and family support workers

losing their jobs in western PEI provided

in-house counseling for at-risk youth. These

youths are dealing with a host of issues

from alcohol and drug abuse, absenteeism

in the school system, and conflict in their

day-to-day relationships at home and in the

community. By eliminating the supports

these kids rely on, the government is turning

its back on some two hundred families in

Prince County. The Liberal government is

moving the Island in a new direction - away

from compassion and helping each other out

- to an ‘every one for themselves mentality.’

Is this the new PEI? The current government

is determined to attack the vulnerable in

PEI, whether that is at-risk-youth,

the elderly or the sick. Consider the

government’s move to get rid of free ground

ambulance service for every senior. Free

ambulance service was introduced by the

Liberals when they came to power in 2007

as ambulance fees were viewed as unfair,

particularly to rural residents who didn’t

have easy access to hospitals or taxi service.

Going back on this promise is cruel and

shows little respect for our seniors, many of

them living on paltry incomes.

The future elimination of hemodialysis

sites in Souris and Alberton is bad news for

patients in rural PEI who depend on this

life saving service. Government is reducing

the number of sites for hemodialysis from

four to two. The loss of universal coverage

for children’s dental care and the reduction

of hours of operation at Kings County

Memorial Hospital’s emergency department

in Montague is damaging. Government has

also eliminated the outpatient department

at Memorial Hospital and closed Tyne Valley

emergency. Is this the beginning of the end

for our Gentle Island? The Ghiz Liberal’s

say this is just the beginning but we are not

ready to follow the Ghiz master plan. We are

not ready to destroy PEI in order to save it.

For more info on the campaign please visit

www.wavegoodbyetopei.ca.

Your Pension Plan


Enough has been said in the media by

Minister Sheridan over the past six months

for public sector employees to be concerned

about the current pension talks between

government and the public sector unions.

For instance, last December, the Minister

of Finance talked about the cost of public

pensions when he announced that the

deficit for 2011-12 would be significantly

higher than projected. The Minister

indicated to CBC News that:

“… the increase was due to provincial

expenditures.” Sheridan blamed higher

public service pension costs, more

money spent on primary industries, and

expenditures on social services programs.”

A few months later, in the budget speech,

Minister Sheridan stated that:

“Government’s pension plans rely heavily

on global equity markets to address and

meet its obligations to public servants

– both current and retired. Since 2007,

our public sector pension plans, like all

others, have been significantly impacted

by declines in the equity markets. To put

this in perspective, in 2006-2007, prior to

the recession, Government contributed $8

Million a year toward pensions. In 2011-

2012, this will increase to $40.1 Million

– an increase of $32.1 Million or 500 per

cent….

Second, our pension plans represent a

major obligation of Government, and

as I have noted, their costs are rising

rapidly. All pension plans, here and in

other jurisdictions, rely significantly on

investment returns on fund assets. With

world equity markets remaining soft over

the past year, and bond yields at historic

lows, investment returns have been inadequate. For several of our pension plans, Government is obligated to not only match employee contributions, but also make up funding shortfalls. Since the mid -1990s, special payments totaling almost $300 Million have been made to cover such shortfalls, and a minimum further payment of $240 Million is required. It is clear that a review of our pension plans is needed to ensure they are sustainable and secure for Government’s current, former and future employees – and to better balance the benefits provided by the plans with the contributions provided to those plans. Accordingly, our Government will immediately initiate consultations with stakeholders to engage them in the work of placing our pension plans on a sound and sustainable footing.”

Simply put, government feels that our pension plan is too expensive, particularly due to the decline in economic conditions, and that they need to be re-examined. We, as union members, through the course of the pension discussions, have to decide whether government’s contention is an accurate one.

The truth is that there is very little that a government employee can do to prevent periodic crisis in the provincial budget. We are not in charge of the money. We do our jobs effectively and efficiently and hope that government’s fiscal managers act accordingly. Despite our best efforts as employees, every 8 to 10 years or so, government somehow loses control of its finances. It has been part of our history as a province and for some reason the government seems resolved to accept it as part of the course of history. The reasons for this “inevitability” are numerous and range from a decline in the economy

(difficult to control) to government fiscal mismanagement (clearly less difficult to

control). If you sit back and view this dilemma objectively – the task ahead for the public of Prince Edward Island is to urge government to accept what it can change (its own spending) and to make the best of what it cannot (global economic forces which are stunting economic recovery).

One of government’s fiscal responsibilities is its contributions to the public sector pension plans. As you can see below, the Civil Service Superannuation Act (in sections 5 and 7) ensures that the government, as the employer, is required to make scheduled contributions to the Plan. We too, as members of the plan, are required (in section 7) to make contributions in each pay period:

5. (1) There shall continue to be a fund to be known as the Civil Service Superannuation Fund into which shall be paid all contributions made under this Act and out of which shall be paid all pensions, allowances and refunds authorized by this Act and administrative expenses as authorized by the Minister.

Has Government been paying attention to our Pension?

www.peiupse.ca The Advocate - Summer 2012 8

6. The Minister shall in each year transmit to the Lieutenant Governor in Council a report on the operations of the Fund in the preceding fiscal year giving such information as the Lieutenant Governor in Council may require. 1981,c.5,s.6.

7. (3) The employer shall deduct in proportion in each pay period from the salary of each member the amount of the member’s contribution and pay the same into the Fund.

(4) Subject to subsection (9), the employer shall in respect of each member make an employer’s contribution equal to the amount of the member’s contribution and pay the same into the Fund.

The financial health and sustainability of the pension is determined by the performance of

the investments of pension plan funds. For reference, below are the rates of return from these

investments. As you can see the rate of return from pension plan investments in the years ending

March 31, 2009 and 2008, respectively, were not good. However, rates have improved marginally

since.

Year Ending Rates of Return(%) Year Ending Rates of Return(%) Year Ending Rates of Return(%)

March 31, 2012 1.5%

March 31, 2011 10.20%

March 31, 2010 22.10%

March 31, 2009 -17.10%

March 31, 2008 -3.10%

March 31, 2007 11.50%

From the union’s point of view the task for government in the future is:

• Make prudent investments – make long term decisions – do not overreact during times of fiscal uncertainty.

• Be transparent regarding its annual budgeting for its pension contributions

• Make the contribution to the pension plan that is required of them and end the legacy of “maybe we will-maybe we won’t” pay the pension bill this year.

• Continue to lobby for improvements to CPP so that all Islanders can benefit from a more secure retirement.

March 31, 2006 13.50%

March 31, 2005 6.00%

March 31, 2004 26.00%

March 31, 2003 -15.40%

March 31, 2002 7.30%

March 31, 2001 2.90%

March 31, 2000 13.00%

March 31, 1999 0.80%

March 31, 1998 21.50%

March 31, 1997 15.80%

Your Pension Plan

Pension Plan Discussions Underway: On June 4th, 2012 PEI UPSE attended a meeting with government to discuss the state of the public sector pension plans (Civil Service Superannuation Plan and Teachers Superannuation Plan). Government invited PEI UPSE, PEI Nurses’ Union, PEI Teachers’ Federation, CUPE and IUOE to a preliminary discussion aimed at determining the Federation’s and each union’s interest in establishing both a steering committee and a working group made up of government and union representatives. The initial meeting of the working group will be held on June 26th and the 27th. PEI UPSE is presently discussing the engagement of an actuarial valuator with the other unions and the Federation. The result of the actuarial valuation will be an objective assessment of the pension plans in regard to their current status and ability to continue to fund itself in the future. One of the challenges our pension plan faces is an increase in life expectancy and the decrease in the ratio between the number of contributors and the number of retirees. Your union will be actively involved in the pension discussion and will communicate information to the membership as it becomes available. This is a priority for the union as we all have a vested interest in a sustainable retirement. The union has hired Sue Philpott (LLB, Koski Minski) who has worked extensively with PEI UPSE on the Public Sector Employees Group Insurance Plan file. Sue will be an invaluable asset to the union as PEI UPSE proceeds in meeting with the government on how best to ensure a sustainable pension plan for the membership.

Sue Philpott (Koski Minski)

www.peiupse.ca The Advocate - Summer 2012 9

Tax Summit

Social and economic disparities are growing – a trend that is simply

unacceptable in a 21st century democracy. Indeed, it is a trend

that threatens the very idea of democracy itself, as those with the

most wealth are most able to influence, if not control, political

decision-making to protect and strengthen their own interests. The

wealthiest citizens, who can most easily afford to pay a fair share of

our nation’s public service costs, enjoy a tax system skewed in their

favour, while the great majority of citizens are increasingly punished

by the underfunding and curtailment of critical public services.

Canadians for tax fairness believe that Canada in the 21st century

should be a society in which economic disparities are decreasing,

common needs are met by investing in high-quality public services,

economic policies are designed to protect our environment, and the

will of the people drives our political process.

The mission of Canadians for Tax Fairness is to build a national

campaign to promote fair taxation. This includes the development

and implementation of a tax system, based on ability to pay, to fund

the comprehensive, high-quality network of public services and

programs required to meet the social, economic and environmental

needs of Canadians in the 21st century.

The campaign goals are for a tax system that:

• is progressive – so those who have more contribute more

• puts an end to tax loophole and tax breaks that benefit the wealthiest

• stops the race to the bottom on corporate tax rates

• curbs offshore tax havens and banking secrecy that facilitates crime, corruption and tax evasion

• introduces new sources of public revenue such as a financial transaction (Robin Hood Tax)

• contributes to environmental goals such as reducing greenhouse gas emissions through carbon taxes

Those with the most wealth

in almost any society are

more able to influence

political decision making to

protect and strengthen their

own interests. In fact, if we

look to our own country,

the wealthiest 1% currently

enjoy a tax system skewed

in their favour, while 99% of citizens suffer from fewer public

services. Toby Sanger, with the Canadian Union of Public Employees,

emphasizes that tax cuts for the top 1% are fostering inequality

in Canada. Sanger asserts that “the top 1% of income earners

in Canada actually pay a lower tax rate than the bottom 10% of

income earners in Canada. He also stresses that the corporate

income tax rate has been cut by more than 50% since 1980. The

theory being that if corporate tax rates dropped there would be

higher rates of investment and job creation. However, since 2000

the rate of business investment in machinery and equipment has

dropped in synch with corporate tax cuts.

Sanger’s analysis shows that the lower and middle class are

increasingly paying more tax than the rich and corporations in

Canada. PEI is the latest province to join this trend with the Liberal’s

plan to implement the Harmonized Sales Tax (HST) in April of 2013.

The HST is a regressive tax policy that places more of the tax burden

on citizens. There is no question that the income gap is widening

in Canada. We continue to see a shift to household deficits and

corporate surpluses. The solution, according to Canadians for

Tax Fairness, is to reinstate fair tax measures in Canada by taxing

corporations appropriately, introducing a progressive tax on high

incomes, and eliminating loopholes. By doing this the federal

government alone could raise $29 billion more tax dollars annually

– enough to eliminate the deficit without inflicting job cuts on

those who provide essential public services in Canada.

10 www.peiupse.ca

The Prince Edward Island Union of Public Sector Employees donated $15,000

to local non-profit groups and charitable organizations through its annual

PEI UPSE Has a Heart campaign. President Shelley Ward believes

it is important for the union to do its part in helping fund key non-profit

organizations across PEI that provide essential services to our communities.

PEI UPSE members contribute 10 cents per pay toward a social fund that was

first established in the union back in 1984. President Ward thanks PEI UPSE’s

5000 members for their hard work and support of the PEI UPSE Has A

Heart initiative.

President Ward said that “this year’s campaign enabled the union to provide

checks for thirty-five groups with the average donation being around $400”. The top donation this year of $1000 went to the Hospice

Palliative Care Association of PEI.

Membership Services

Campaign Delivers $15,000 to Local

Non-Profits and Charitable Organizations!

Young at Heart Theatre Kings County Community Mental Health Outreach Group Prince St. Elementary School East Prince Women’s Information Centre Hospice Palliative Care Ass. of PEI Lady Holland IODE Tignish Special Needs Housing Inc. CAT Action Team PEI Crime Stoppers Special Olympics Callaghan Breakfast Club Power of Change PEI Provincial Chapter IODE First Baptist Church Schizophrenia Society of PEI Notre Dame Place Children’s Wish Foundation of PEI

Generation XX

Friends of Confederation Centre Library

Esther Finkle Fund for Kids

Heart & Stroke Foundation

PEI Chapter of the Canadian Hemophilia Society

PEI Ground Search and Rescue

Island Chaplaincy Inc.

Camp Gencheff

Anderson House

Hillsboro Helping Hands

Big Brothers/Big Sisters PEI

Souris Consolidated School

Souris Caring Heart Club

Birchwood Human Rights & Holocaust Studies Program

Mermaid Tears Sea Glass Festival

Camp Keir

Skate Canada PEI

PEI People First

PEI UPSE Has a Heart

(L-R) Pam MacKinnon (Chair, Public Relations and Recreation

Committee, PEI UPSE), Kip Holloway (Hospice Palliative Care Association of PEI),

and Shelley Ward (President, PEI UPSE).

The Advocate - Summer 2012

www.peiupse.ca The Advocate - Summer 2012

11

Presidential Election, 2012

Call for Nominations

PEI UPSE’s Family Fun Day Sunday, July 22, 2012

The PEI Union of Public Sector Employees is sponsoring a Family Fun Day for members on Sunday, July 22, 2012. Tickets are $6 each and can be purchased through your local director or by contacting the union office at 892-5335, toll free at 1-800-897-8773, or e-mail [email protected].

The Shining Waters Family Fun Park provides great summer fun for the whole family. Your ticket is valid only on Sunday, July 22, 2012 and food vouchers will be available at the gate for $6. Children under thirty-six inches will not require a ticket. The Family Fun Park is open from 10 am to 7 pm - so come on out and enjoy some summer fun!

Note:

Tickets for Family Fun Day cannot be purchased at the door. They must be purchased in advance through your local Director or the PEI UPSE office.

The union’s Presidential Nominations Committee has issued a call for nominations for the upcoming Presidential election. Presidential

terms are for three years. A new term will begin following Convention in the fall. Nomination forms

can be picked up at the union office and will include an up-to-date copy of the policies and procedures

for the election. All nomination forms are due at the PEI UPSE office by 4:00 pm on July 10,

2012 and must include a biography and picture of the candidate, as well as a $250 refundable deposit

fee in order to be accepted. The biographies will be circulated to the membership in the Accent and will

also be included in the ballot mail-out.

Note: Once nomination papers are validated, candidates are required to meet at 5:00 pm on July 10, 2012 at the PEI UPSE office to review the policies and procedures for the election.

The Presidential Nominations Committee will meet on July 10 to review all nomination forms. If more than one form is accepted, then

an election will be called. The committee will then meet on August 1 to mail out ballots to all PEI UPSE members in good standing.

Members will then have time to choose their preferred candidate and mail back their ballots by August 29, 2012 at 4:00 p.m. Two

designated Presidential Election Committee members plus one scrutineer for each candidate, whose name must be given to the

committee chair in advance, will meet at the Charlottetown post office at 8:30 a.m. on August 30 to pick up all ballots which are mailed

in. The ballots will then be brought to a designated location to be counted by the committee members. The Chairperson will then notify all

candidates with the election results.

In order to increase voter participation in the upcoming Presidential Election, the union requests that members ensure their current mailing information is up-to-date (including email addresses). The election is administered through a mail process.

Please call Tammy Laybolt at the union office (892-5335) or toll free (1-800-897-8773) to ensure your contact informa-tion is up-to-date or to make changes. You can also visit the PEI UPSE website (www.peiupse.ca) and go to the forms/change of address (www.peiupse.ca/?page=form_changeaddress) link where you can update your information on-line.


Federal Job Cuts and EI

The federal government released their

budget on March 29, 2012. Canadians and

Islanders alike were hit with a plan that

will significantly alter the fabric of this

country. We will all have to work longer

than expected because starting in 2023

the retirement age will be pushed back

to 67! Government claimed that it was

necessary to control the growth of the Old

Age Security (OAS) in order to ensure its

long term sustainability. However, Kevin

Page, the parliamentary budget officer

disagreed, saying the system was in good

shape and raising the retirement age was

not necessary.

The Harper government did not campaign

on the idea that it would increase the

retirement age for Canadians, cap their

contribution to medicare and implement

significant cuts to the public service.

However, that is the reality we as Canadians

are facing. The Harper government

announced that 19,200 full time jobs will be

eliminated between April 2012 and March

2015 (2012 Budget). However, this is not the

full picture. Job cuts that were announced

before the 2012 budget will also eliminate

jobs over the same time period. “The 2012-

13 departmental Reports on Plans and

Priorities show that an additional 10,400

FTEs will be lost over the same time period,

6,300 from the 2007-10 Strategic Reviews

and 4,100 from the 2010 budget freeze.

Therefore the total job loses over the next

three years will be 29,600 - far more than

the 19,200 estimates that is now commonly

being used” (Canadian Centre for Policy Alternatives).

The Department

of Veterans Affairs

will bear the

biggest brunt of

the cuts here in

Prince Edward

Island. Veterans

Affairs Canada will

eliminate 804 jobs

nation wide and

232 of those will be from headquarters in

Charlottetown. Most of the cuts will apply

to front line workers so services for Veterans

will be compromised. PEI also lost 28 jobs

earlier in 2012 with the dismissal of EI

claims processing staff in Montague. The

Harper government’s plan is to reduce the

number of sites that process claims from

120 to just 22 - a questionable decision

when the demand for EI claims processing

has increased since the recession. Further,

hitting small towns like Montague where

employment rates are higher than in larger

centres is unfair.

In regard to Parks Canada jobs there were

a total of 32 jobs affected in PEI including

20 job cuts. So effectively one quarter of

Parks Canada jobs in Prince Edward Island

were eliminated. The Atlantic Canada

Opportunities Agency had $700,000 cut

from its budget on PEI. These cuts will

affect community project funding on the

Island and 5 staff will also be affected. The

Confederation Centre of the Arts will lose 1

staff member and other staff will have their

hours reduced; and PEI will lose its archives

and preservation expert at the Archives

Council of PEI. The bottom line is that PEI

will experience hundreds of federal job

losses that will adversely affect hard

working Islanders and their families, as well

as the economy.

And if you think it couldn’t get any worse,

the federal government’s recent changes

to the Employment Insurance (EI) program

puts the icing on the cake by targeting

regions whose economies rely on EI to keep

casual / seasonal workers. The changes

to the program include creating three

categories of unemployed workers based

on how often they use EI benefits. These

new categories will hurt seasonal workers

by reducing their benefits and making

benefits harder to access. This is a blow to

primary industries on PEI where skilled and

experienced workers are needed. Many of

them may end up leaving the Island which

will create a shortage of skilled workers.

Let’s face it, much of the Island economy

is seasonal by nature and the EI program

plays an essential role regulating these

economies and keeping them functioning.

Stephen Harper doesn’t understand this

because he isn’t from here. To him, we are

simply a “culture of defeat.”

PEI UPSE casual workers will also be

adversely affected by the EI program

changes as they too form an important

part of the seasonal economy whether

that is working at our provincial parks

and golf courses, on our trails and in our

visitor information centres, or as part of our

highway maintenance crews. The bottom

line is that income stability is required in

the off-season in PEI if we are to retain

workers and support our industries.

PEI Under Attack


Introducing HST in PEI

The Union was invited to attend a rally at Province House on June 7, 2012 that called into question the decision made by the Liberal

government to bring the Harmonized Sales Tax (HST) to PEI. The rally was organized by Islanders Against HST. President Ward spoke

at the rally and explained why PEI UPSE has concerns about the HST. She said the union understands that government must find new

ways to bring more revenue into the province to fund public services, however, the HST is a regressive tax that ultimately fosters increased

income inequality in our society. The trend over the last twenty years has been to shift the tax burden from large corporations to citizens -

especially low and middle income citizens who are already paying their fair share. If anything, we should be fighting for the type of society

that reduces economic disparity and the HST simply does nothing to achieve this.

If we look at our nation, we see that the top 1% of income earners in Canada pay a lower tax rate than the bottom 10% of income earners

in Canada. This is no accident, governments and the elite are making the rules and the people are ultimately paying the price. Trickle down

economics has had its chance and it is not working. Corporations are not sharing the extra wealth they have accumulated from paying

the lowest corporate tax in the industrialized world. They are sitting on this money and keeping it out of the markets. President Ward

explained to the participants at the rally, that it will be low and middle income Islanders who will be affected the most by the introduction

of the HST. More items will be taxed than ever before, and many of these are basic items including electricity, home heating products such

as fire wood and pellets for heating the home, clothing, books, child car seats, diapers and many more necessities. If we just consider

that the cost of electricity alone is increasing by 9%, we see that many Islanders are going to have a hard time coming up with the extra

money - and this is just one item. The government plans to provide rebate cheques for low income Islanders, however, these cheques will

not offset the additional costs low income Islanders face. The working poor of this province has not caused the deficit, and neither has the

public service. Yet the government is going after both of these groups in order to balance their books. Reducing the deficit is important,

however, it should be done without causing undue harm to our society and our economy.

PEI UPSE Attends Rally on Harmonized Sales Tax

The union understands that government must find new ways to bring more revenue into the province to fund public services,

however, the HST is a regressive tax that ultimately fosters increased income inequality in our society.

Shelley Ward, President, PEI UPSE

PEI UPSE President, Shelley Ward, addresses participants at

HST rally in June, 2012.

Islanders Against HST rally at Province House on

June 7, 2012


Privatizing Liquor on PEI

The union strongly opposes the

government’s decision to expand the

privatization of liquor sales in Prince

Edward Island. Government should be

expanding the LCC instead of closing outlets

like the Wood Islands location. The LCC in

PEI earns millions of dollars for the province

each year. In 2010-11, the LCC brought in

over $90 million in revenue. Profits are

used to fund essential public services that

Islanders depend on like health care and

education.

The president of PEI UPSE, Shelley Ward,

has been very active in defending public

employees and public services in the

wake of the recent cuts. There are now

twenty-three LCC workers that have been,

or will be laid off in Prince Edward Island.

The most recent of these comes from the

government’s announcement to close the

LCC outlet in Wood Islands at the expense

of the community and the workforce.

President Ward met with the Mayor of

Montague, Richard Collins, and the Chair

of the Wood Islands and Area Development

Corporation, John Rousseau, to discuss the

issue.

Mayor Collins expressed the view that more

energy needs to be applied to the Wood

Islands Ferry location and removing the LCC

outlet is only a take away. John Rousseau

was of a similar mind, he said

the closure of the Wood Islands liquor store

does nothing to help recognize the eastern

ferry port as the gateway to the province

that it is.

The LCC is a major tenant in the Plow the

Waves Centre. The centre is the greeting

place for tourists who take the Ferry to PEI.

There is a very real concern that closing the

liquor store could also lead to shutting down

the Plow the Waves centre.

President Ward agreed that closing the

Wood Islands location would contribute to

rural decline in Eastern PEI. “It certainly

doesn’t make sense when you see millions of

tax payers dollars wasted on building

“waves” in Borden - PEI’s other important

gateway to the province,” she said. “The

bottom line is that closing the Wood

Islands liquor store is a bad decision. This

store brings in $500,000 per year and it

is a seasonal outlet. It provides jobs for

Islanders who in turn support the local

economy through their purchases. The store

compliments the Plow the Waves Centre

with its gift shops, restaurant and visitor

information centre. President Ward said

Government is unintentionally pitting rural

communities on PEI against each other by

introducing private agency stores. She

asked “who will profit at the expense of

closing the Wood Islands location?” The

government is thinking about possible

agency outlets at Cooper’s Store in Eldon

or an operation in Murray Harbour.

“Also consider the decision to introduce

private liquor sales in Cavendish at

the expense of small business and the

LCC in Rustico minutes away. In this

case, it is the people in Rustico who

are dumbfounded by the government’s

decision. Closing LCC outlets and

reducing their hours of operation is not

only bad for our economy, it also comes

with health and social consequences. We

see in Kinkora that the only convenience

store likely to become an agency outlet

is located right next to the Senior High

school. Research shows that private

liquor sales increase accessibility. Should

government be making alcohol more

accessible to our youth? Are they willing

to pay that price as well?

Province Now Pushing Liquor in Convenience Stores

Buy Public ...

Let’s Support Each Other.

Any one of us could be next!Avoid the “Convenience.”


Community Inclusions

Community Inclusions is a non-profit organization in West Prince that provides supports to adults aged (18-65 ) with intellectual

disabilities. Services include residential, employment, supportive, and recreational. Community Inclusions has played an essential role in

West Prince for 14 years by helping the community and improving the lives of Islanders. Their vision

is to foster communities where people with intellectual disabilities contribute to and are included

in all aspects of life. Community inclusions provides opportunities for adults with intellectual

disabilities to pursue their chosen endeavours and to provide important services for the surrounding

community.

The organization values communities as a place of welcome and participation and involvement

of all members. They promote the fact that people with intellectual disabilities have rights and

responsibilities, and they build awareness in our communities based on integration and friendship.

Community Inclusions has been affected by the latest round of provincial cuts, and this will

make their job of delivering vital services more challenging in the coming months. The Chair of

Community Inclusions, Raeanne Adams, says “a finance committee has been struck and tasked

with the job of reviewing their budget during the summer months. They are taking a proactive

approach toward the funding challenge, and hope to find creative ways to realize efficiencies.” The

provincial government cut Community Inclusions’ core funding by 3%. Adams says “the board will

continue to be vocal about the needs of their families and clients and will advocate on their behalf.”

Community Inclusions has grown over the past few years. The demand for services is increasing and

the organization is expanding and furthering its expertise to meet the challenges.

Community Inclusions Concerned about Provincial Budget Cuts

16 www.peiupse.ca The Advocate - Summer 2012

The Most Vulnerable Under Attack In PEI

Tough times often bring to light the

true colours of people and the type of

community or society we live in. As we all

know, PEI has traditionally shown itself

to be a compassionate society. We are the

“Gentle Island” after all. However, if we

look at the actions of the current provincial

government we see that their response in

challenging times is anything but gentle

or compassionate. Approximately four

hundred casual workers in PEI have received

layoff notices and find themselves without

meaningful employment. Casual workers

don’t make a lot of money, however, they

perform important work in our society that

helps everyone. And like all of us, their

employment provides them the ability to

look after themselves and their families, and

it provides the social basis for their self-

respect. Their employment also helps the

economy, because like you and me, these

folks drive cars, buy groceries and clothes for

their children, and support local business.

Since 2006 the union has fought hard

for casuals to improve their job security

and their labour rights as defined in

the PEI UPSE Civil Service collective

agreement related to casual employees.

The government considers the casual

workforce an easy target in tough times.

Casuals are the most vulnerable members

of our bargaining unit in PEI. E.g., one of

the most important issues on the table was

that casual employees should be allowed

preference over the general public in open

job competitions as long as minimum

qualifications for the job

are first met. However, government is

Attacking the Most Vulnerable

against this idea because it would make

patronage appointments and political

control over the casual workforce more

difficult. Government’s proposal on this

issue was entirely unsatisfactory. They

simply were not willing to negotiate with

the union. They have decided to continue

discriminating against Civil Service casual

employees by denying them their full

collective bargaining rights.

Despite these challenges, in 2010, President

Ward made some significant headway in

relation to casual bargaining rights. She

conducted a road tour on behalf of casuals

in PEI and their bargaining rights. She was

successful in obtaining a spot for a casual

bargaining representative to take part in the

Civil Service negotiations. Fred MacLeod

was the casual representative. As members

of this union we need to keep fighting for

what is right and that means standing up for

the most vulnerable.

The government’s decision to cut five youth

workers in the family ties program in West

Prince, and to eliminate fifteen social worker

positions, further demonstrates a lack of

concern for workers in rural PEI and the

important services they deliver to Islanders.

The union has argued that recent cuts to

youth and family support workers in the

Family Ties program will result in few

savings for government that will come at

a major social cost. “We can’t afford not to

invest in our social programs for youth on

Prince Edward Island,” says President Ward.

“The Liberal government’s cuts are directly

affecting the welfare of young people in PEI.

E.g., youth are dealing with a host of issues

from alcohol and drug abuse, absenteeism

in the school system, and conflict in their

day-to-day relationships at home and in the

community. By eliminating the supports

these kids rely on, the government is turning

its back on hundreds of families in rural

Prince Edward Island.

The public outcry over these cuts has been

significant. When the youth themselves

speak about what it means to lose these

services it is our duty to listen, and to do

something about it. We have seen various

organizations like the PEI Association of

Social Workers and the Foster Parents

Federation speaking out on this issue.”

To add insult to injury, two of the affected

workers from the Family Ties program have

been presented with the Premier’s Award for

Diversity Leadership in the public service for

2012. They were members of a committee

that had representatives from Education,

Family Ties and Youth Justice Services.

They were responsible for facilitating an

anti-bullying program called the Power of

Change at Westile High School. Imagine

receiving this kind of recognition after

being told your daily work contributions

toward helping at-risk youth were no longer

required.

The following 3 grievances concerning the model of care in Health were heard at mediation arbitration on Feburary 8 and 21, 2012.

Kim Turner represented PEI UPSE and Brenda Walker was the union’s staff representative. Bruce Outhouse was the arbitrator and a resolution was achieved.

Model of Care Policy Grievance (Health)

PEI UPSE filed a grievance on August 6, 2010 arguing that the employer violated articles 7,14.18, 30.02, 34.03, 34.04, 36, 40 and 43 of the collective agreement. The redress the union seeks is that the employer cover all costs associated with LPN education resulting from the implementation of the new model of care. This includes expenses for courses and text books which LPNs incurred as well as any time LPNs used from their time banks. This grievance also seeks a reimbursement of the PEI UPSE Training and Development fund where the fund was used for LPN education relating to the new model of care.

Award: The Employer will pay the sum of $70,000 into the Development and Training Fund, this amount to be in addition to the annual amount paid by the employer.

Group Home Workers - update Policy Grievance (Civil Service)

The employer intended to significantly alter the agreed upon work schedules of group home workers. PEI UPSE filed a grievance in June 2011 citing article 44 of the collective agreement. With no resolve established through negotiations the union filed for arbitration on June 21, 2011 and scheduled for March 2012. Subsequently, the employer decided not to alter the work schedule and will deal with this issue at the next round of collective bargaining in 2013.

Vacant Positions - update Policy Grievance (Civil Service)

The union filed a policy grievance on January 9, 2012 contending that vacant positions in the civil service are not being filled. PEI UPSE has made this fact known to the Public Service Commission and has requested on many occasions to meet and review these vacant positions. However, these meetings, when set, are continually changed.

The union feels this is a violation of articles 4, 26.01, 37 and 38 of the collective agreement, and section 4 of the Civil Service Act. The recourse the union is seeking is to have all vacant positions posted and filled in a timely manner as per the collective agreement. The employer has responded by updating the union with a list of vacant positions, however, the union contends that this list is incomplete. The union and the employer are engaging in ongoing discussions to try and resolve the issue.

A worker was terminated because of their workplace behavior. However, the union argues that the worker’s behavior was due to an illness. The union grieved at step 2 on October 12, 2011 and claims the employer violated articles 8, 21 and 25 of the Health Collective Agreement. PEI UPSE had agreed to have Bruce Outhouse be the Arbitrator and was awaiting dates for arbitration, however, the employer has since indicated a willingness to reach a settlement. During this time the worker was medically cleared to return to work but the employer would not allow it. The union now awaits new arbitration dates.

Termination - update Individual Grievance (Health)

A worker was off on administrative leave and was ready to return to work, however, the employer delayed the return by 2 weeks. On December 12, 2011 the union grieved this issue at level 1 and has not received a reply from the employer. The union will proceed by grieving the issue at level 2 and is arguing that the worker should receive one week of back pay based on the employer violating articles 27 and section 32 of the Civil Service Act.

Return to Work - update Individual Grievance (Civil Service)


Grievances and Bargaining Updates

Corpus Sanchez Policy Grievance (Health)

In the meantime, and before any resolve was attained, the employer decided to terminate the worker and the union responded by filing a grievance in May 2012under article 27 of the collective agreement and section 32 of the Civil Service Act. The union is now arguing the worker was unjustly terminated due to an illness. The union filed for arbitration at level 3 and is awaiting dates.

The union contends that the employer failed to consult with PEI UPSE about the design process for the new model of care, the roll out plan, the additional job responsibilities for members, and the adoption of other recommendations that came out of the Corpus Sanchez report. PEI UPSE filed a grievance on November 6, 2009 citing violations of articles 1,4,7,26,30 and 42.01 of the collective agreement.

Award: The parties agree to work together cooperatively towards providing continued employment for those LPNs who will cease to be licensed as LPNs when the new licensure requirements come into effect.

Procedural Issues / LPNs Policy Grievance (Health)

This policy grievance filed April 7, 2011 contends that the employer’s procedural guidelines for PEI UPSE health staffing reduction, transfer and reassignments during the implementation of the model of care violates articles 2,4,7,8,11,28,30,32 and 33 of the collective agreement.The union seeks a remedy that recognizes that the collective agreement has been violated and ensures the employer will follow the collective agreement regarding implementation of any workplace changes, and that members who were negatively impacted as a result of these violations be provided their rights including compensation for any financial losses.

Award: The union will hold the Procedural Guidelines grievance in abeyance, except where employees, unknown to the union, have had their terms and conditions of employment changed prior to the date of settlement.

The Advocate - Summer 2012 www.peiupse.ca

3% Cuts - Failure to Consult Policy Grievance (Civil Service)

The union contends the employer filled a vacant position without first posting the position. The union filed a grievance on March 18, 2012 under articles 37 and 38 of the collective agreement and schedule 17 of the Civil Service Act. Since this time no resolve was attained and the union has now filed for arbitration as of April 24, 2012 and is awaiting a response from the employer so that dates for arbitration can be scheduled.

LCC Vacant Position Policy Grievance (Civil Service)

A worker was fired because of performance issues. The union filed a grievance at level 3 on January 16, 2012 which was denied by the employer. The union subsequently filed for arbitration and argues that the worker should be returned to work immediately.

LCC Termination Individual Grievance (Civil Service)

The Premier publicly stated in December 2011 that he asked all provincial government departments (except Health) to cut their annual expenditures by 3%. He had indicated that these cuts will affect program spending and will also involve eliminating positions. The union was not informed of these plans and contends that failing to consult on this government-wide 3% cost cutting initiative is a violation of article 30 of the collective agreement, especially in relation to the concept of job elimination. The union requested a meeting to discuss this grievance and any plans for the proposed 3% cost reduction measures. The union, with input from the Board of Directors, completed a position paper on cost savings measures for government to consider in order to avoid cuts. PEI UPSE met with the Minister of Finance, Wes Sheridan and his Deputy, Steve MacLean in February 2012 to discuss the unions cost saving proposal. Later, in March 2012 the Public Service Commission met with the union to outline the effects on staffing in some detail. The union has been working with members and government to address the effects of the cuts.

The government’s federally funded provincial internship program did not respect provisions of the collective agreement and Civil Service Act. The union filed grievances in 2010 and 2011. The program was funded for two years but interns found themselves still employed beyond the program dates. Interns were doing bargaining unit work and were also given the right to apply for other unionized positions. The union argued that articles 11, 38, 39 of the collective agreement were violated, as well as Section 17 of the Civil Service Act.

Award: arbitration ruled that the employer has to review current positions and determine the need for them. If a need is determined, the employer will then post an internal competition for PEI UPSE members only; then, if the position is not filled a second posting will occur which interns will be permitted to apply for. Finally, if the position is not filled the posting will be made public.

Provincial Internship Program Policy Grievance (Civil Service)

The union filed a grievance in April 2012 under article 53 of the collective agreement. The issue involved a non-unionized worker doing bargaining unit work. The union seeks resolution by way of the employer removing the non-unionized worker from their duties and filling the position with a PEI UPSE member.

Non Unionized Employee Policy Grievance (Holland College)

The government failed to consult with the union about the cuts to five youth workers within the Family Ties program. PEI UPSE filed the grievance on April 18, 2012 arguing that the employer violated article 30 of the collective agreement. The employer has apologized and admitted that consultation should have taken place and will adhere to the collective agreement in the future. The union continues to fight to have the program reinstated and to have the rights of the laid off workers enforced.

Failure to Consult - Family Ties Program Policy Grievance (Civil Service)

The employer implemented a “use it or lose it” style vacation policy that was affecting employees who had significant carryover. The grievance was filed in 2010 with the union arguing that the employer violated article 19.02 of the collective agreement. The case went to arbitration on May 16, 2012, and was heard by Bruce Outhouse.

Award: The union successfully argued that the employer’s policy was unacceptable. The award resolved that:

• language in article 19 of the Collective Agreement will be amended so that vacation time will never be lost but will instead be carried over, paid out or scheduled by the employer.

• from 2010 forward, all employees who had unused vacation hours in excess of the allowable carryover amount will receive credit in their vacation balances.

• in some cases, employees will have to demonstrate that they made reasonable efforts to take vacation

Vacation - Carry Over Policy Grievance (Health PEI)

The employer initiated a new work schedule that violates agreements made at the table. The employer made significant changes to the schedule without consulting the union. The union filed a grievance on May 18, 2012 citing violations of articles 1,4,5,8,13 and 32 of the collective agreement. The union seeks to have the original work schedule put back into place. The issue will go to arbitration (dates to be determined).

Scheduling Policy Grievance (Gillis Lodge)

The employer posted a temporary position and failed to interview for the position and did not fill the job. Subsequently, the employer posted the position as “full time” and filled it. The union filed a grievance on February 15, 2012 citing violation of article 31 of the collective agreement. The union seeks compensation for the employee for time lost through consultation with the employer.

Failure to Post Individual Grievance (Health PEI)


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The Advocate - Summer 2012 www.peiupse.ca 19

Dr. John M. Gillis Memorial Lodge Bargaining update

BargainingReview

The union was informed that casual employees were receiving benefits of PSC appointed union members. The union filed a grievance on March 16, 2012 citing violations of articles 1, 2, 21, 22, 23 and 25. The union seeks that all casuals currently employed at the LCC be awarded PSC appointed status and therefore receive all benefits of a classified temporary employee. PEI UPSE filed for arbitration on April 23, 2012 and is awaiting a reply from the employer.

Staffing Policy Policy Grievance (Civil Service)

The employer posted a full time temporary position outside of the collective agreement. The position had already been in existence for two years. The union filed a grievance on January 30, 2012 citing a violation of article 31 of the collective agreement. The union filed for arbitration on February 23, 2012 and is seeking that the position be posted as permanent or that the position be abolished.

LPN Posting Policy Grievance (Health PEI)

The recourse the union seeks is to have the LCC suspend its decision to close the Wood Islands location immediately and in doing so preserve any and all bargaining unit work associated with the location. In addition, the union seeks that any affected employee be made whole for any harm suffered as a result of the employer’s breach of the collective agreement and the Civil Service Act.

LCC Closure -Wood Islands Policy Grievance (Civil Service)

Discussions to determine a collective agreement between PEI UPSE Health bargaining unit and Health PEI have stalled. The two parties bargained for 6 days and had agreement on a number of non-economic issues. Nonetheless, the parties were unable to agree on a wage package and job security. Health PEI representatives made one offer and did not choose to continue to bargain after receiving PEI UPSE’s proposal. Health PEI then maintained their original offer.As a result, Health PEI will pursue third party intervention by applying for conciliation. This move will bring the parties back to the bargaining table and will employ a conciliator from the provincial labour board. If this process does not result in an agreement then the parties will likely resort to the arbitration process.

In May 2012 the union was informed by its members and through the media that the LCC intends on closing its Wood Islands location. The LCC and the government did not inform the union or the membership about this decision. This lack of communication shows complete disregard for the union who acts as the sole bargaining agent for these employees. In addition, the union has now been informed that there is potential for more closures, thus affecting our members further.

On May 28 the union filed a grievance contending the LCC has failed to consult by way of its unilateral decision to close the Wood Islands location. The LCC is in clear violation of articles 4, 6, 30, 36, and 37, as well as Letter of Understanding #3 of the current collective agreement. The union also contends that the employer is in violation of section 12(3), 43(1) (2) of the Civil Service Act.

Congratulations to Gillis Lodge for ratifying their first collective agreement on February 13, 2012. Gillis Lodge joined the PEI UPSE family on April 4, 2011. The union is proud to represent Gillis Lodge’s approximately eighty members. Negotiations for Gillis Lodge’s first collective agreement took place between October 2011 and January 2012 with teams meeting on five separate occasions. The agreement was reached on January 10, 2012. Key issues were pay equity, clarity on vacation, group benefits, overtime and benefits for casuals.

UpcomingBargaining

Health PEIBargaining update

Gillis Lodge ratifies their first collective agreement. From top L-R: Troy Warren (PEI UPSE), Wendy MaKeeman (Gillis Lodge), Brenda MacPherson (Gillis Lodge), and Andrew Jack (PEI UPSE).Bottom L-R: Simone Hashie (PEI UPSE), Shelley Ward (President, PEI UPSE), and Douglas Mackenzie (Owner, Gillis Lodge.)

The collective agreement for the Morell and Area Early Learning Centre expires on August 31, 2012. The union has sent an intent to bargain notice to the employer pursuant to article 33.01 of the collective agreement between the PEI Union of Public Sector Employees and the Morell and Area Early Learning Centre .

The collective agreement for the Child Development Centre will expire on August 31, 2012. The union has sent an intent to bargain notice to the employer pursuant to Article 33.01 of the collective agreement between the PEI Union of Public Sector Employees and the Child Development Centre.

The collective agreement for Strait Crossing Bridge Ltd. will expire on December 31, 2012. The union will be sending an intent to bargain notice to the employer in the fall.


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Inside - peiupse.capeiupse.ca/advocate/2012_ADVOCATE_SUMMER.pdftelephone: (902) 892-5335, toll free:...

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