Volume XXVI No. 1 March 2017
THE NEWS MAGA ZINE FOR MEMBERS OF LOCALS 175 & 633 UFCW CANADA
The Local Union for All Workers
Our Members at Work: Mondelēz Canada page 10
What to Expect at your First Arbitration page 8
Cell Steward Training Arrives This Year
page 18
Staff
LOCAL 175 Shawn Haggerty, President; Kelly Tosato, Secretary-Treasurer; Karen Vaughan, Recorder; Sylvia Groom, Luc Lacelle, Jim McLean - Executive Assistants LOCAL 633 May Chalmers, President; Marylou Mallett, Secretary-Treasurer; Brian Koslowski, Recorder WORKERS’ COMPENSATION Georgina MacDonald - Intake Representative; Joanne Ford, Phil Hames, Jennifer Hanley, Sarah Neath - Workers’ Compensation Representatives COMMUNICATIONS Jennifer Tunney - Senior Communications Representative; Laurie Duncan Communications Representative; Meemee Seto - Servicing Representative HEALTH & SAFETY Mary Shaw, Chris Watson - Health & Safety Representatives LEGAL Fernando Reis - Director; Roberto Henriquez, Matthew Jagodits, Jane Mulkewich - Legal Counsel ORGANIZING Rick Wauhkonen - Director; Farman Ali, Joce Cote, Linval Dixon, Amy Tran - Organizing Representatives; Tim Hum, Amit Singh - Organizing Apprentices TRAINING & EDUCATION Rob Armbruster - Director; Kelly Nicholas - Co-ordinator; Tim Deelstra - Engagement & Media Relations Strategist REGION 1 Kelly Tosato - Regional Director; Colby Flank, Tracy Stubbs - Union Representatives
President’s Message
Our Members at Work
Secretary-Treasurer’s Message
Workers’ Compensation
Page 3
Page 10 Page 14
Page 4
Negotiations
Union News & Letters
Page 16
Page 5
Outstanding Member Achievement Awards Page 7
REGION 2 Derik McArthur - Regional Director; Mona Bailey, John DiFalco, Anthony DiMaio, John Di Nardo, Melody Slattery, Mark Stockton, Dave White - Union Representatives
Training & Education Page 18
Welcome New Members
Page 19
Legal Notes Page 8
REGION 3 Daniel Mercier - Regional Director; Shannon Epp, Paul Hardwick, Lionel MacEachern, Dean McLaren, Sandra Proulx - Union Representatives; Jacques Niquet Servicing Representative REGION 4 Chris Fuller - Regional Director; Ron McGuire, Brenda Simmons - Union Representatives; Orsola Augurusa, Rick Daudlin, Virginia Haggith, Lee JohnsonKoehn, Casey Magee, Christina Mayberry - Servicing Representatives REGION 5 Angela Mattioli - Regional Director; Jehan Ahamed, Bob Kearney, Brad Morrison, Mario Tardelli - Union Representatives; Rolando Cabral - Servicing Representative REGION 6 Rob Nicholas - Regional Director; Wendy Absolom, Sam Caetano, Matt Davenport, Joe De Melo, Ashleigh Garner, Jason Hanley, Jeffery Lu, Mike Mattioli - Union Representatives; Fred Teeple - Servicing Representative REGION 7 Sharon Kempf - Regional Director; Diane Sanvido, Steve Springall - Union Representatives; Dan Bondy, Dave Forbes - Servicing Representatives
If you have moved please make sure you notify the Union Office at membership@ufcw175.com or call 1-800-565-8329
REGION 8 Sandra Rogerson - Regional Director; Jeff Barry, Matt Belanger, Derek Jokhu, Tony Nigro, Arlene Robertson - Union Representatives ISSN No. 1703-3926
CHECKOUT is an official publication of Locals 175 & 633 of the United Food & Commercial Workers (UFCW)
PROVINCIAL HEAD OFFICE 2200 ARGENTIA ROAD MISSISSAUGA, ON L5N 2K7 TEL: 905-821-8329 TOLL FREE: 1-800-565-8329 FAX: 905-821-7144
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CAMBRIDGE OFFICE 6628 ELLIS ROAD, CAMBRIDGE, ON N3C 2V4 TEL: 519-658-0252 TOLL FREE: 1-800-267-1977 FAX: 519-658-0255
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HAMILTON OFFICE 412 RENNIE STREET HAMILTON, ON L8H 3P5 TEL: 905-545-8354 TOLL FREE: 1-800-567-2125 FAX: 905-545-8355
LEAMINGTON OFFICE 261 ERIE STREET SOUTH LEAMINGTON, ON N8H 3C4 TEL: 519-326-6751 TOLL FREE: 1-888-558-5114 FAX: 519-326-0597
OTTAWA OFFICE 20 HAMILTON AVENUE N. OTTAWA, ON K1Y 1B6 TEL: 613-725-2154 TOLL FREE: 1-800-267-5295 FAX: 613-725-2328
SUDBURY OFFICE 230 REGENT ROAD SUDBURY, ON P3C 4C5 TEL: 705-674-0769 TOLL FREE: 1-800-465-1722 FAX: 705-674-6815
THUNDER BAY OFFICE UNIT 206A 1000 FORT WILLIAM RD THUNDER BAY, ON P7B 6B9 TEL: 807-346-4227 TOLL FREE: 1-800-465-6932 FAX: 807-346-4055
UUWO
President’s Message Shawn Haggerty
The dangers of a Trump presidency Sisters, Brothers, & Friends: Beliefs are an integral part of what makes us who we are and how we live our lives. I believe we all have an ethical duty to raise people up and do our Everywhere immigrants have best to make sure no enriched and strengthened one gets left behind. the fabric of American life. That means everyone John F. Kennedy from all walks of life, regardless of their place of birth, religion, skin colour, or any other identifier that society uses to categorize human beings. That’s what led me to the Labour movement: This movement is about protecting people. We lost a UFCW Brother – Aboubaker Thabti – from Local 1991P in the act of terror at the Québec City Islamic Cultural Centre last month. He was an immigrant from Tunisia. He worked at the Exceldor poultry plant in Saint-Anselme. He had two young children and a wife. This violence is heartbreaking and it has exposed a lingering, lurking darkness to our country that has been ignored through complacency for too long. President Donald Trump has made hate normal and that has awakened hatred throughout the U.S. and beyond. It’s always been there and some communities experience open acts of hate and xenophobia on a regular basis. But Trump has truly brought it to an international level. Trump has invigorated extremists. This President vilifies the media every chance he gets for what he sees as dishonest reporting, but when called on false statements he’s made (whether tweeting or at press conferences) he shakes his own mistakes off as information that ‘was handed to him.’
He turns everything that opposes him into the media’s fault, or the fault of his opponents standing in his way. All of this reinforces the beliefs of his supporters. It’s a vicious cycle. But how fragile must his ego be if having just won the U.S. presidency, he has to keep reminding the world of the size of his audience and the size of his Electoral College win? There is incredible danger in having a person like that in power. He sincerely believes he’s beyond reproach. Trump is a prime example of why real facts, good reporting, and critical thought are important. But as acts of violence and hatred grow we have to pay attention to what’s actually happening. We have to connect the dots and rise up against it. We have to put aside his rhetoric, his antics – his ridiculousness – and see that he is leading that nation to a very dark place and that darkness will bleed beyond the borders of the U.S., like we’ve already seen. The impact of the Donald Trump presidency probably won’t be fully understood for decades to come. What we have to be wary of is a very dark future if we’re not careful. But we shouldn’t have to hit rock bottom before we recognize we’re in a downward tailspin. The signs are there. I am encouraged when I see protests around the world, fighting back against Trump’s agenda; Thousands upon thousands of women and supporters rallying the day after his inauguration; Lawyers donating their time to help immigrants stranded at the airports. It won’t be an easy battle, nor a short one, but there are many willing to stand up and take on the fight. There is hope. In Solidarity, Shawn Haggerty president@ufcw175.com
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Secretary-Treasurer’s Message Kelly Tosato
Making Stewards’ Training More Accessible For many years, our Local Union has offered a wide variety of educational opportunities for our Members and Stewards. It’s a tradition we are more than proud of and a practice that we review and improve on a regular basis. I hope as a Member or Steward that you’ve had the opportunity to take part in at least one of these opportunities, whether through online training, winning a post-secondary scholarship, attending a first aid class, or coming out to learn at one of the weekend seminars. We welcome feedback from our Members and take suggestions under consideration. When it comes to Stewards’ education, the Local Union has decided to make some changes to increase the accessibility and relevance of our Stewards’ training.
I believe that providing our Stewards with practical skills and knowledge is imperative to ensuring a safer workplace, strong bargaining units, and a collective agreement that your employer will respect and uphold.
Some of the concerns brought to our attention were that travel to some of our seminar locations made it difficult for some to attend. Others were not able to leave their home responsibilities for a two, sometimes three-day period. And others couldn’t afford the time away from work.
You can find more details on these Cell Training sessions on page 18. Invitations will be extended to approximately 2,200 Stewards and we certainly hope as many as possible attend. Next year we will return to the regional weekend seminars, and then we will alternate year-to-year going forward.
In response to this, and to help provide a more tailored learning experience, this year we are launching Steward Cell Training. These one-day sessions will take place closer to your homes during the week. Stewards attending will be paid for lost-time at work, and we’ll be grouping you with people from similar industries whenever possible. Some of the topics that will be covered include understanding pensions, new member orientation instruction, detailed grievance handling, and dealing with management. There will also be time set aside in each session for a general question and answer period where we hope Stewards will share their stories, challenges, and solutions to enhance your learning experience even more.
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I sincerely hope that this new training format enables more Stewards to attend, and provides an opportunity for valuable learning and networking with other Union activists near your community. We are lucky at Locals 175 & 633 to have an incredible group of Union Stewards who do an amazing job every day to help and protect their co-workers. I thank you all for your continued hard work and dedication. In Solidarity, Kelly Tosato treasurer@ufcw175.com
UNION NEWS
Happy Retirement!
On December 31, 2016, Harry Sutton retired from Local 175. His career began in 1972 at Food City in Toronto after which he moved to the unionized Steinberg’s Miracle Food Mart in Brampton in 1973. From 1973 - 1987, he was an activist for the Canadian Food & Allied Workers Local 175 (Amalgamated Meat Cutters & Butcher Workers of North America). Harry was a Steward for 12 years during which time he served on the Brampton/Mississauga District Labour Council, Family Services of Peel, and he was a candidate for Brampton City Council. UFCW Locals 175 & 633 hired Harry in 1987 as an Organizer. He worked on campaigns to unionize Super Carnaval and Fortinos stores across Ontario and by the end of 1988, they were represented by Local 175. In 1992, he helped members at the Toronto Pizza Pizza telephone centre in a year-long dispute, which led to the first Homeworker Agreement in North America. Harry was a regional director for seven years. In 2006 he became an Executive Assistant to the President and was elected to the Executive Board. Harry led the organizing campaign for Rexall Drug stores in Ontario, which are now covered by the Pharma Plus agreement.
Dan Lacroix retired as Director for Regions 1 and 3 at Locals 175 & 633 on December 31, 2016. His career began more than 30 years ago when Dan graduated from Algonquin College’s Law & Security program. After graduating, he worked as a delivery driver for Pure Spring Beverages in Ottawa, which became Pepsi-Cola. He helped organize that workplace with the Canadian Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers (BFCSD) prior to its merge with UFCW in 1986. Once a part of the UFCW, Dan worked as a Special Project Union Rep (SPUR) for three years and as an International Rep as well. Local 175 hired him as a Union Rep in 1989 in the Eastern region (now Region 3) of the province. Ten years later, Dan was appointed Director of Region 3, and in 2005 he also took on the role of Director of the North West Region, now Region 1. Over his years as Director, Dan helped raise much needed funds for the LLSC
He coordinated Local Union staff and members to keep Conservatives and the Right to Work agenda out of Queen’s Park in 2014. In 2015, Harry led a campaign to defeat the Harper Conservatives too. He also represented Local 175 on the UFCW National Political Action Committee. Harry negotiated with the leadership at UFCW Local 459 to transfer their membership to Local 175. He has served as trustee on various dental and health plans, and represents Local 175 on the Ontario Health Coalition. “Harry was instrumental in making our Local Union what it is today,” said President Haggerty. “His experience and knowledge was invaluable, and his dedication to fighting for workers’ rights will be missed.” Harry founded the annual Skate for a Cure hockey tournament in 1996, which to date has raised more than $400,000 for the Leukemia & Lymphoma Society of Canada (LLSC). Harry also volunteers at his local Optimist club to raise funds for community youth programs. “I have been honoured to represent the members of our great Local Union. I appreciate the trust and support they’ve given me,” said Harry. “I look back over the years and think ‘what a difference we’ve made.’ I wish President Haggerty, Secretary-Treasurer Tosato, the Officers, Directors, Staff, and Members all the best in the coming years.” Harry looks forward to spending more time with his family.
through events, conferences, and Light the Night walks attended and supported by the members of Locals 175 & 633. “Dan’s experience and commitment to the membership has been a great asset to the Local Union and the labour movement throughout his career,” said President Haggerty. “His retirement is well-earned and I wish him all the best.” “I am very thankful for my years with the Local Union,” said Dan. “I’ve had the opportunity to work with dedicated people, and meet many amazing Union members over the years.” Dan is looking forward to enjoying his leisure time and spending more time with his wife Linda, family, and friends in his retirement. | March 2017
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UNION NEWS
Welcome New Staff In February, Jennifer Hanley joined the Workers’ Compensation department as a Rep handling WSIB appeals for the members of Locals 175 & 633 who are injured at work.
In December, Tim Hum was hired as an Organizing Apprentice. Tim worked as a Processor for Wings Foods for more than 10 years. He was the Organizing Key for his co-workers at Wings when they started their organizing campaign. “I wanted to help the workers have a voice in our workplace,” said Tim. “All working people deserve respect, dignity, fair wages and good benefits.” The Wings’ workers won their Union drive and Tim became a Steward, then Chief Steward, and he participated on the bargaining committee. During an almost two-year long strike, Tim was a Picket Captain who helped rally his co-workers and hold the picket line through difficult times. Since the strike ended, Tim has worked as a Special Project Union Representative (SPUR) with Local 175, helping the organizers on different campaigns in the province. “Tim’s dedication to improving the lives of his co-workers was integral to the organizing win at Wings,” explained President Haggerty. “Tim is a source of support and integrity and I know he will work hard to help other workers recognize the benefits of belonging to our Local Union.” “I really enjoy this job, and I look forward to helping more non-Union workers become unionized, and to help educate working people about Unions and their rights.”
Jennifer has worked at the Local Union’s Hamilton office for almost 13 years. “My day-to-day interactions with our Plant Chairpersons, Chief Stewards, Stewards, and Members has always made me very proud to be a part of this Union,” she said. For generations, Jennifer’s family has been a big part of the labour movement in Canada. That proud family tradition, strong family values, and an eagerness to learn led Jennifer to pursue this new position within the Local Union. “I’m looking forward to assisting our Members with their issues at WSIB,” explained Jennifer. “I feel that my attention to detail and work ethic will be a great benefit to our Brothers, Sisters, and Friends who are facing a difficult time.” “Jennifer has always been a great asset to our staff no matter what she was working on,” said President Haggerty. “She is passionate and hard-working.”
Letters
Once again, thank you for this support, your generosity truly makes a difference.
Just recently I received in the mail a letter from the two of you informing me that I had been nominated and awarded the Outstanding Member Achievement Award. I would like to take this time to thank you for this honour. As a long time Member and steward at Good Humor I have been able to assist many other members over the years with the many challenges and changes that we face. I hope that other individuals in the workplace will become involved and continue to support one another.
Sincerely, Kristen McNutt
Thanks again. Paul Sheppard
Dear Sir, As one of the recipients of the Solidarity Scholarships in 2016, I would like to express my sincere gratitude for the tremendous support that you have provided me through this scholarship. I am grateful for the opportunities this award has provided me. I rely on financial aid, my summer job, and my parents to assist in the financing of my education. Receiving this scholarship will help reduce my financial burdens and provide assistance for me as I continue pursuing my education.
Shawn / Kelly
I have just completed my first semester at Mohawk College in Hamilton, in pursuit of an Advanced Diploma in Architectural Technology. It’s been an exciting first semester, which I finished with an 88% average. I am looking forward to my new courses in January.
Visit ufcw175.com/scholarships-and-awards for more information on this Award!
Winners Announced for the 2016 Outstanding Member Achievement Awards Paul Sheppard Leadership/Advancement of UFCW Paul has worked at Good HumorBreyers in Simcoe for more than 20 years. In 2004, he became Chief Steward and for 10 years he worked in that position to represent his co-workers through grievances and other matters that were important to the Members. He continues to be a Steward and spends countless hours of his personal time assisting others. He attends regular Stewards training to keep up-to-date, and he has been part of the negotiating committee through five sets of bargaining. Paul was instrumental in assisting the Union during an eight-week strike at his workplace in 2014. The employer was seeking concessions including substantial wage cuts. Paul’s leadership on the picket line and throughout bargaining contributed greatly to the resolution of that dispute.
Annette Sweet Contributions to Health & Safety and WSIB Annette is an integral part of the Members’ leadership team at Maple Leaf Heritage. She represents her co-workers as a Certified Member on the Joint Health & Safety Committee (JHSC) and as a Steward. Considered a ‘go-to’ person when co-workers have an issue, Annette is known to be caring, empathetic, and fair. She will go above and beyond when it comes to health & safety, and will stop production immediately if there’s an issue that needs to be resolved to protect her co-workers. Annette embodies what a Steward and leader should be. She volunteers her own time to ensure every Member has a safe and healthy workplace to come to each day.
Cory Francis Contributions to the Community
Linda Souliere Fundraising for the LLSC Linda is a Member at Metro 181 in Sault Ste. Marie. She has been a Steward for 12 years and, in 2016, she became part of the Local 175 Executive Board. Each year, Linda does an amazing job organizing and volunteering her time at a very successful Bake Sale just outside her workplace in the Market Mall to raise money for the Leukemia & Lymphoma Society of Canada (LLSC). She coordinates other Members and the community to take part in making and selling the baked goods, donating items for the Penny Table, and selling raffle tickets for great prizes. The 2016 Bake Sale raised an amazing $9,500 to support the LLSC. Linda inspires a number of volunteers every year to help out for such a good cause, and it is an event that is well loved by the community.
Cory has been a member at Zehrs Great Food in Stratford for 16 years. Over the past decade, Cory has spent his holidays in Cambodia as a volunteer. Through his seniority, Cory has accumulated five weeks of paid vacation and, combined with three weeks’ vacation leave of absence, he has been able to spend a good amount of time following that passion. Cory has pledged to donate his winnings to the Aogath Foundation in Phnom Penh, Cambodia. The Aogath Foundation is a non-profit organization that provides education to impoverished children. Every year, Cory collects and purchases school supplies, toiletries, and more to take to the Cambodian children. He also collects cash donations to help the foundation provide medical care when needed, and purchase vaccinations and other items. Cory also volunteers his time at the school to help the children learn the alphabet and lend a hand to the teachers.
Congratulations! | March 2017
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LEGAL NOTES What to Expect at Your First Arbitration Hearing The idea of going to Arbitration to settle a grievance can be intimidating. Being required to attend a hearing, where you will be asked questions, where evidence will be submitted, and where lawyers will be arguing the sides of your case… it can all be daunting. Here are a few things to know about the arbitration process and what you can expect if you need to attend one. Arbitration Hearings are usually held in board rooms – either in a hotel or in an office building. They do not take place in a court house. The location will be a neutral space booked by the Arbitrator so it won’t be at your workplace or at the Union office. In fact, many times hotels will have more than one arbitration hearing going on at the same time so you will need to know the name of your Arbitrator so you end up in the right room because it will be booked under their name.
X Hearings almost always begin at 10 a.m. in the morning and are always scheduled for the entire day. You’ll probably be asked to meet with the Union’s lawyer around 9 a.m. to discuss things before the Hearing begins. It’s possible that your Hearing will wrap up before 5 p.m. but it’s also possible it will go longer. It’s always best to assume you’ll need to be there from 9 a.m. – 5 p.m. so plan accordingly for meals, medications, travel, etc.
You may spend some time waiting for various reasons, so you can bring a book or magazine with you. You could also bring a support person with you but make sure you check with your Union Rep or Union lawyer if you plan to do so. Sometimes on the first day of Hearing, your lawyer will meet with the employer’s lawyer in private (either out in the hallway or in the Hearing room, in which case you’ll be asked to step out into the hallway). This can take some time and you will need to wait for these discussions to end before your Union lawyer comes to update you. The things they might be discussing include: •
Preliminary legal issues;
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Narrowing down the issue(s); and/or
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Possibly settling the issue(s) before the Hearing even proceeds.
If these discussions don’t result in a settlement, then your Hearing will begin.
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The Hearing The presentation of evidence can take a long time. The reason for this is that your Arbitrator doesn’t have any advance knowledge about the case. The lawyers present their cases with the assumption that the Arbitrator knows nothing about your workplace and has no background information on the issue either. For that reason, both sides attempt to put their best case in front of the Arbitrator. This includes presenting the full story from beginning to end including evidence from witnesses and any relevant physical evidence. Witnesses should speak slowly and clearly to allow the Arbitrator to take notes. Overall, it can be a long, slow process. It’s unusual for a Hearing to be over in one day. At the end of the day, or possibly by email afterward, your Arbitrator will set further Hearing dates. They may be a month or two away. Sometimes five days’ worth of Hearings can be spread out over five months. Here’s how your Hearing day will likely proceed:
This can be a difficult and frustrating process, particularly if it is a time-sensitive case or if the worker has no income while the case is ongoing. Often justice delayed is justice denied: This means that sometimes it is in the best interests of the Grievor to agree to a settlement rather than get into a lengthy Hearing. A settlement ensures a resolution that likely favours your case in some way, and it might be better than insisting on your “day in court” which will take longer and you risk losing.
Opening statement by your Union lawyer including what the case is about and the type of evidence the Arbitrator will hear. Opening statement by the employer’s lawyer.
“Direct examination” of the Union’s first witness. Your Union lawyer will ask the witness questions to assist in a direct telling of the story. “Cross-examination” of the Union’s first witness. This is an opportunity for the employer’s lawyer to ask the same witness questions. Generally, they will attempt to try and get the witness to agree with the employer’s version of the story. “Re-direct” is an opportunity for your Union lawyer to ask a few questions of the witness to clarify things that may have arisen in cross-examination. The process (Direct, Cross and Re-direct) is repeated for each of the Union’s witnesses, until the Union closes its case. Then the employer begins calling witnesses and this process (Direct, Cross and Re-direct) is used for each one of the employer witnesses in turn, until the employer closes its case. Final arguments or final submissions will be presented once all of the evidence has been given. Each lawyer has a chance to summarize the evidence and use it in legal arguments, and to refer to caselaw (other similar arbitration cases) to convince the arbitrator to decide the case in their favour.
Each case is different and it’s important to talk to your Union lawyer about your case and your options. The Grievance and Arbitration process is a fundamental resource for Unionized workers to rectify a violation of their collective agreement. Most grievances are settled without the need for a Hearing because of the cost and length of time required to go through the process. But if you end up in a grievance that can’t be settled, Arbitration is the next step to resolution.
As you can see from this process, a Hearing can take a very long time. | March 2017
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OUR MEMBERS AT WORK
Members at the Mondelēz Canada Nestled into a residential area of Toronto’s west end is a century-old factory where members of UFCW Local 175 have some of the sweetest jobs anywhere. The 287 bargaining unit members who work at Mondelēz Canada churn out a variety of chocolate sweets that are shipped throughout Canada on a daily basis. Inside the historic building, founded by Neilson in 1906, it’s impossible not to notice the amazing smell of chocolate, toffee, and caramel that wafts throughout. Some of the most popular lines are the Cadbury Mini Eggs, Mr. Big (still one of the biggest sellers), Dairy Milk, Cadbury Fruit & Nut, Crunchie, Cadbury Creme Egg and more. It’s also the only place where the Caramilk bar is made and is where the Crispy Crunch bar was first invented. If you’re in the neighbourhood at Halloween, the factory gives out lots of treats too! There are eight Union Stewards, led by Chief Steward Fitzroy Reid, and four Joint Health & Safety Committee (JHSC) members on hand to assist their co-workers. “This team does a great job of making sure the workplace is safe, and that every member knows and understands their rights at work,” explained Union Rep John DiNardo.
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About 64% of the membership have more than 20 years of seniority with the employer. About 20% have between 30 and 40 years of seniority. Seven members have more than 40 years of seniority! “Mondelēz Canada has a lot of long-service employees,” said DiNardo. “They’ve been able to keep their manufacturing process in the city when other companies have not, and they’ve employed local, skilled members of the community for more than one hundred years.” Jose Ferreira (in photo above, left), a Process Operator on the Crunchie line, will have 47 years with the company as of August 2017. Not far behind him are Maria De Melo, Wrapping Machine Operator, and Isidro Bras, Pipefitter, both of whom are coming up on 44 years. Manuel Matos, Operator, has 43 years. Maniram Deo Maraj, Process Operator, has been with the employer for 42 years, and Lauriston Pitters, Electronic Technician, and Antonio Araujo, Packer/ Palletizer, will both reach a seniority of 41 years in 2017. So when you’re buying chocolate this Easter, keep the Cadbury Mini Eggs and Cadbury Creme Egg in mind! They are made proudly right in Toronto by your Union Sisters, Brothers, and Friends at Mondelēz Canada.
Chief Steward Fitzroy Reid Stewards Jose Costa, George Da Rosa, Colleen Espeut, Guy Hill, Kevin King, David Rego, Luis Valte, & Craig Watts JHSC Manuel Bettencourt, Jose Costa, Allan Fallow, & Louis Rocha (Executive Board VP)
WORKERS’ COMPENSATION What do you need to do if you are injured at work? •
Report the injury to your employer as soon as possible. This might be an accident, immediate injury, or gradual onset of pain, discomfort or illness. Be clear that it is a result of your work duties.
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Let them know you will be seeking medical attention for the injury and complete an employer incident report.
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Seek medical attention at the emergency department, a walk-in clinic, or at your family doctor. Inform the treating physician that your injury/illness is work related and ensure they fill out a Form 8.
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Report the injury/illness to your Union Rep or your Health & Safety Representative.
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Keep WSIB informed of your progress. Return all calls, texts and emails from the employer, your Union Rep and your WSIB adjudicator. Attend all meetings and appointments. Lack of co-operation can hurt your claim’s chances.
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Make sure everything is documented and keep copies for your records.
What is the WSIB? WSIB stands for Workplace Safety & Insurance Board. Some might know it as the Workers Compensation Board. It’s basically an insurance plan that employers contribute to, so that in the event of a workplace injury, illness, or death, this insurance provides coverage to the affected worker(s). This coverage is supposed to provide adequate ongoing care, compensation, and (re)training for injured workers, paid for out of the premiums it collects from participating employers.
Claims must be filed with the WSIB as soon as possible but no later than 6 months from the date of injury or diagnosis. Know your Forms Form 6: Worker’s Report of Injury/Disease
Be accurate. Signing this form gives official consent to proceed with your WSIB claim.
Form 7: Employer’s Report of Injury/Disease
Employers are REQUIRED to supply a copy of this to the worker. Ensure it is accurate. Contact the WSIB and the Union if there are any discrepancies.
Form 8: Health Professional’s Report
Your doctor/health care provider should provide pages 1 and 2 to the WSIB. You should receive a copy of page 2 (functional abilities).
Functional Abilities Form (FAF)
Your health care professional is required to fill this form out upon your request and submit it to the WSIB.
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The Union advises all members applying for WSIB benefits: If you are not totally disabled, you should return to work as soon as possible. This helps protect your income and could help you avoid a lengthy WSIB appeals process in order to recoup lost income. While waiting on your WSIB claim or appeal, you should seek other benefits available to you. This might include Employment Insurance (EI) sick benefits, or employer insurance for Short/Long-Term Disability to cover loss of earnings, or payments for treatments and medications. Please note you will be required to repay those benefits once you receive WSIB benefits from your claim. Advise your health care provider that your employer has a Return to Work program or is able to offer suitable work. If necessary, ask your doctor for a Functional Abilities Form (FAF) that details your limitations in returning to work. Return the FAF to your employer and request accommodation. The accommodation should provide available work that meets your functional capabilities. The work should not prolong your injury or recovery, cause further injury, or create burdens for co-workers.
The two main reasons that the WSIB will deny Loss of Earnings once Initial Entitlement is allowed are: 1. The employer has notified the WSIB that they have a Return to Work program or that they can offer suitable work for most types of injury. WSIB adjudicators will assume this is accurate. Take advantage of employer accommodations to protect your income and to show cooperation (as required by WSIB), if you are not totally disabled. 2. The medical evidence provided does not support that the worker is totally disabled. WSIB adjudicators will consider a worker to have been capable of some form of suitable work so they could have prevented their wage loss by returning to work. Example: A doctor’s note indicating ‘off work’ or ‘off work due to pain.’ -- This type of note may be OK for the purpose of meeting the employer’s attendance requirement but it is not enough to sway WSIB adjudicators when they are reviewing entitlement to loss of earning benefits. They require medical reports that provide specific details of why the person is totally disabled and unfit to perform suitable work.
Know your Rights
If your employer is not prepared to take you back, or cannot find suitable accommodation, contact your Union Rep, Workers’ Compensation Representative at the Union, or your WSIB case manager immediately.
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When in doubt – file!
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It is your legal right to report any workplace accidents/injuries and no one can tell you not to file a claim.
When you submit a claim to the WSIB, an adjudicator will review it and decide whether to allow or deny an Initial Entitlement to WSIB benefits. The Initial entitlement is for Health Care Benefits (HCB) only. Health Care Benefits could include payment for doctor’s appointments, medical testing, rehabilitation treatment, surgeries, medications, and devices such as splints.
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You have the right to, and should, be treated by your own health care professional. But NOTE that you must inform the WSIB of any changes to your health care provider (i.e. if you want to switch doctors).
Other benefits, such as Loss of Earnings, are considered following the allowance of Initial Entitlement. Sometimes the WSIB will allow a claim ‘in part’ (meaning Limited Entitlement) and this can be confusing. Loss of Earnings may be denied even though Initial Entitlement was allowed. This means that your claim is valid but you will not receive any lost wages.
For information & resources visit
ufcw175.com/injuredworkers If you have questions, contact your Union Rep or the Union’s Workers’ Compensation Department at 1-800-267-1977 or workerscomp@ufcw175.com
NEGOTIATIONS New contract for members at Grenon’s YIG
demonstrate a need due to wear and tear.
On January 15, 2017, the members of Local 175 working at Grenon’s Your Independent Grocer (YIG) in Rockland achieved a new collective agreement.
Union Negotiating Committee: Pat Boyle, Oliver Brkic, Brian Harms, Jessica Potter, and Union Rep Mike Mattioli.
Employees receive a lump sum payment following ratification of $500 for full-time, and $250 for part-time. Wages increase by a total of $1 per hour over the life of the contract, and employees receive another lump sum payment of $500 for full-time and $250 for part-time in the final year of the deal. Part-time wage progressions receive additional adjustments to ensure that employee’s wages remain above the minimum wage set by the province. The shift premium for workers assigned as Supervisor improves to 60 cents per hour, and the premium for temporary assignments increases to $40 per week or $8 per day. Full-time employees receive an improved boot allowance of $90 per year. New language provides Stewards with up to 15 minutes paid time to meet with new members. Union Negotiating Committee: Stephane Emond, Michel Raymond, and Union Rep Shannon Epp. ... Members at Ingredion secure new agreement The more than 60 members of the bargaining unit at Ingredion Canada in London ratified a new collective agreement on December 29, 2016. Over the four-year agreement term, workers receive increases totalling 10.75% to the base rates. In addition, Utility Skill Block pay improves by $500. Members achieved an additional Statutory Holiday day in the form of a personal day paid at double time. New language allows retirees to receive their full vacation entitlement if they retire within the first day of the new vacation year. Members benefit from language improvements including a reduced sunset clause of 12 months, from 24 months, as well as paid time to introduce new members to the Union. Bereavement entitlement also improves to provide additional time off from work. The tool allowance for Maintenance Department workers increases to $600 per year, and workers will receive up to $300 per year toward the purchase of safety shoes. The employer will supply an additional pair if the employee can
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... Blenheim & Elmira Food Basics members ratify On December 6, 2016, Local 175 Members at Food Basics in Blenheim and Elmira ratified a new collective agreement. Part-time employees receive a lump sum payment of $400 in the first year of the agreement, with an additional $1.10 per hour over the term of the contract. Full-time receive a total increase of $1.50 per hour over the contract term. Contributions to the Part-time Benefit Trust Fund increase by 12 cents per hour. The new agreement contains significant improvements to scheduling. Part-time employees will now have a minimum number of scheduled hours based on their seniority, with shifts no shorter than four hours. Sunday shifts will be scheduled over and above the regular scheduled Monday-Friday part-time hours. Full-time employees will now only be scheduled up to two nights per week instead of the previous three. In addition, the employer will provide at least two hours’ notice in advance of a part-time employee’s scheduled start if there is no work available. Strong language improvements were also negotiated to address Steward representation and grievance procedures. Union Negotiating Committee: Melvina Bond, George Foulis, Brenda Janeczko, Todd Sharp, Servicing Rep Virginia Haggith, Union Rep Brenda Simmons, and Region 4 Director Chris Fuller. ... Ratified deal at Progressive Waste Solutions A three-year deal for members at Progressive Waste Solutions in Blenheim was ratified on January 3, 2017. Members receive wage increases totalling $1.44 per hour over the life of the contract with the first increase retroactive for hours worked since December 1, 2016. All employees receive a signing bonus of $600 as well. Language improvements address training for promotions and there is new language for overtime sign-up sheets. In addition, language has been clarified regarding the annual $300 footwear allowance. Eyeglass coverage increases to $200, up from $150, every
All of our negotiations don’t always fit into the magazine! You can find more online at www.ufcw175.com 12 months, and eye exams will now be covered up to $90, instead of the previous $75. The tool allowance improves to provide $400 per year, up from $250. Union Negotiating Committee: Gerald Coleman, Steve Tellier, and Union Rep Brenda Simmons. ... Northern YIG contract covers nearly 700 members Members covered by the Your Independent Grocer (YIG) northern master agreement achieved a new collective agreement on January 4, 2017. The ratified deal covers bargaining unit members at five stores: Dumas’ YIG, including Wadland Pharmacy, and Vrab’s YIG in Sudbury, Neil’s YIG in Hanmer, Gagnon’s YIG in Bracebridge, and Terry’s YIG in Gravenhurst. Members secured growing wages over the next five years covered by the contract. Each year will see increases to the end and progression rates, and part-time wage progressions receive additional adjustments as they accrue seniority to ensure that employee’s wages remain above the minimum wage set by the province. The first end-rate increase is retroactive for hours worked since the expiry of the previous agreement and members in the progression grid receive a signing bonus of up to $100. Additional gains include a bump in the safety shoe allowance to $100, up from $75, a minimum four-hour call-in guarantee for all full-time employees, and new language giving members more say as to which Union Steward they would like representing them at meetings.
New precedent set in Birchwood Terrace arbitration decision In an interest arbitration decision issued on January 30, 2017, Arbitrator Dana Randall established a new precedent which will help improve the lives of UFCW members working in the health care industry. Local 175 represents the health care workers at Birchwood Terrace, a nursing home in Kenora. Because these members do not have the right to strike, any differences that remain unresolved during collective bargaining are referred to a board of arbitration for a final and binding decision as provided for in the Hospital Labour Disputes Arbitration Act (HLDAA). Arbitrator Randall’s decision covers the two-year period between June 22, 2015 and June 21, 2017. During negotiations, the employer and Union had agreed to wage increases of 1.5% in 2015, and 1.3% in 2016. These increase are in line with increases seen in the nursing home sector across the province. The Union, however, also demanded an increase to the employer’s contributions to the Member’s benefit plan (the Union’s trusteed plan). In previous arbitrations where the Union had sought both wage and benefit contribution increases, the combined total of those increases never exceeded what would be considered ‘in line’ with industry averages. So, for example, if the average increase was 1.5%, the wage and benefit contribution increase combined would only come to 1.5% with a portion of it going toward each. Arbitrator Randall disagreed with this approach and didn’t see the justification in sacrificing a wage increase that’s in line with the industry to award an increase to the benefit plan. He awarded the Members the agreed-to wage increases of 1.5% and 1.3%, plus .5% toward the Benefit Trust Fund.
Union Negotiating Committee: Marc Belanger, Paul Brown, Paula Castilloux, Brenda Oldfield, Sally Owens, Lorne Ramanko, Lynn Valentino, and Union Reps Jeff Barry and Tony Nigro. ...
“We’re encouraged that Arbitrator Randall saw it fit to award the Members the benefit increase in addition to their wage increases,” said President Haggerty. “This marks an important step for our Members in the health care field, and we hope to see more decisions like this in the future.” | March 2017
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TRAINING & EDUCATION Cell Style Steward Training Coming to a City Near You! This year, the Training & Education department is breaking with its long-standing tradition of weekend Stewards’ Seminars to offer Cell Training. The first of these sessions begins May 29 in Hamilton. Stewards will be grouped by similar industry and occupation so that the content and conversations can be focused and relevant.
Training Schedule
Things to know: •
Stewards will be paid for lost time.
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The course will take one day (9 a.m. – 5 p.m.) during the week.
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The course will take place in a location closer to your home.
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Stewards will receive an invitation to either the Spring or Fall scheduled courses – not both.
2017 Cell Training & Health Care Conference 2018 Weekend Seminars & Health Care Conference 2019 Cell Training & Health Care Conference 2020 Weekend Seminars & Health Care Conference
If Stewards don’t receive a Spring invitation, they should receive one in the Fall. Invitations for the Fall courses will be sent in early June. Health Care Stewards will continue to receive invitations to the annual Health Care Conference. The day will include: •
Understanding Pensions
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Dealing with Management
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New Member Orientation
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A Dedicated Question & Answer Time
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Detailed Grievance Handling
Stewards can still look forward to winning great prizes, including a grand prize draw from all the tickets purchased at the Spring session (and again in the Fall). We will also sell 50/50 tickets at each session and the winner will walk away with half the proceeds! All the money raised will continue to support the Leukemia & Lymphoma Society of Canada (LLSC). At the end of each cell training day, Stewards will have the opportunity to provide feedback on an evaluation form. Please use this opportunity to let the Union know what worked well, what didn’t work well, and any constructive criticism you have on the day’s instruction. Feedback from our Members is a very important part of ongoing course improvement.
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WELCOME NEW MEMBERS Congratulations to the workers at Gaber Dentistry in Hamilton who cast their Yes! votes to become some of the newest members of Local 175. Workers cited wages, job security, benefits and favouritism as their reasons for contacting the union. “Staff who were performing the same duties were not being paid the same wage rate”, said Organizer Ali Farman. “They felt their jobs weren’t secure following maternity leave and workers were being treated differently and unfairly.”
Some of our newest members from Gaber Dentistry
Our new members at the dental clinic work both full and part time as Hygienists, Dental Assistants, Reception and Greeters. In January, Local 175 welcomed 110 new members from CapsCanada in Windsor who voted to join the Union. The facility, which manufactures pharmaceutical capsules, employs a diverse group of workers. Job classifications include Wash Rack, Utility, Machine Operator, Quality Control Technicians, Building Maintenance, Production Mechanic, Janitorial, Finisher, and Shipper/Receiver. “The workers had a number of ongoing concerns that led them to seek out Union representation,” said Organizer Amy Tran. “From health and safety issues like cracked floors and mould, to harassment from management, they had good reason to join.” Workers also noted wages, favouritism, and job security as other reasons for wanting to join UFCW Local 175.
COMMUNITY Y ACTION NETWORK K
& FAMILY DA AY DAY
Join your Union for a great day of food & fun SATURDAY
JUNE 17 UFCW Cambridge Office 6628 Ellis Road
Visit ufcw175.com/canbbq2017 for full details a little closer to the event! | March 2017
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#somedayistoday
Join us at one of these great events and help raise money to fight Blood Cancers!
All proceeds go to the Leukemia & Lymphoma Society of Canada Scrapbooking Crop Day APRIL 22, 2017
Kick for a Cure Soccer Tournament APRIL 22, 2017
$45 per person Grab Bags, Make n’ Takes, Prizes and Free Lunch! Beginners Welcome!
$300 per team Guaranteed 3 games Entry Fee due by April 14, 2017
9 a.m. - 5 p.m. UFCW Cambridge Office 6628 Ellis Road
9:30 a.m. Kick Off Trio Sportsplex 601 Cityview Blvd, Vaughan
VISIT MYUNION.CA FOR FULL DETAILS ON THESE EVENTS 20th Annual Skate for a Cure Hockey Tournament MAY 12 - 13, 2017 $700 per team Guaranteed 3 games Register by April 21, 2017
Schedule TBA Mohawk 4 Ice Centre 710 Mountain Brow Blvd, Hamilton
Return postage will be paid by: United Food and Commercial Workers Locals 175 & 633 2200 Argentia Road Mississauga ON L5N 2K7 Canada Post Corporation Publication Agreement No. 40064671
Golf Tournament MAY 13, 2017 $125 per Locals 175 & 633 Member $165 per non-Local Union Member Prizes for Closest to Keg & Closest to the Pin, plus 50/50 draw & raffle prizes Registration & Lunch 11a.m. Tee Off 1 p.m. Lionhead Golf & Country Club 8525 Mississauga Rd, Brampton