NATIONAL INTERPETATION OF ARTICLE 13 FOR THE ENTIRE COUNTRY

 

Sisters, Brothers, Siblings

As requested by the membership the Local has asked for a National Interpretation of Article 13 for the bids at Gateway.

13.04 a)

Where there is a change in at least one constituent elements (excluding a change to the time of meal), a section bid shall occur between the “incumbents of assignments in the same classification within the same section…”

 

The relevant constituent elements are defined at 14.10 as “…the days of work, the days of rest, the time of the beginning and the end of the shift…”

The first point to clarify is that there seems to be confusion on who bids when a constituent element is changed on one of the 3 shifts and not the other 2 shifts. All 3 shifts must be part of the bid. The language in 13.04 a) is clear, it speaks to the incumbents in the section and not on the shift. There is no past practice argument to be made when the language is clear even if a particular location would have applied it differently or inconsistently in the past.

Again, the same reasoning and interpretation must prevail in relation to having 2 groups (with different rotation days) of the same classification. The determination of who takes part in the bid is the incumbents of an assignment of the same classification within the section. The 2 groups shall be part of the bid.

13.04 b)

As mentioned above, this clause is relevant as the situation we are looking at involves movements of assignments from one section to another. The section who is losing assignments in a classification will have a bid involving the “…employees in the section from which the assignment is moved who are in the same classification…” to determine who gets to stay in the section. Of course, this bid must take place before the movement of the assignment or assignments and will involve all 3 shifts.

The section that will receive the displaced assignments will not get a bid as per 13.04. These assignments will be filled by Part C of article 13 (Selection of Assignments). This is referred to as the Monthly Assignment bid as stipulated in clause 13.18 (d). Asking to have a section bid before the application of Part C of article 13 would negate the language in 13.04 (b) and would equate to asking for a violation of the collective agreement.

Clause 11.10 states that “Seniority shall be used to accommodate employee’s preferences where the collective agreement so provides” . I find that this is the case here and the respect of seniority should always be our guiding principle.

Now as I understand the upcoming sequence of events based on the information provided to me, the movement of assignments will happen in February 2024 followed by a monthly assignment bid as per Part C of article 13. This is consistent with the language of the Collective Agreement.

There will then be a change in the Constituent Elements in some sections at the end of March which will trigger a bid as per 13.04 (a). Again, this is consistent with the language of the Collective Agreement.

I hope this clarifies the situation.

In Solidarity

 

Mark Lubinski

CUPW Local President

February 5, 2024

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