Labour Day Page 5
UFCW International Convention Page 17
Wing’s & Good Humor Workers on Strike! Pages 10 - 11
Contents LOCAL 175 Shawn Haggerty, President; Teresa Magee, Secretary-Treasurer; Betty Pardy, Recorder; Ray Bromley, Al McLean, Harry Sutton – Executive Assistants LOCAL 633 Dan Bondy, President; Marylou Mallett, SecretaryTreasurer; Neil Hotchkiss, Recorder DIRECTORS Rob Armbruster, Paul Jokhu Benefits Orsola Augurusa, Sherree Backus, Laurie Duncan, Joanne Ford, Joanne Harrow, Georgina MacDonald – Benefits Representatives Communications Jennifer Tunney - Senior Communications Representative; Federico Rizzi Communications Representative; Meemee Seto - Servicing Representative Health & Safety Janice Klenot - Senior Health & Safety Representative Legal Fernando Reis - Co-ordinator; Catherine Davis, Billeh Hamud, Rebecca Lee, Alycia Shaw, Natalie Wiley, Rebecca Woodrow - Legal Counsel Organizing Rick Wauhkonen - Organizing Coordinator; Farman Ali, Jeffery Lu, Mike Mattioli, Ron McGuire, Tony Nigro, Amy Tran - Organizing Representatives Training & Education Kelly Nicholas - Co-ordinator REGION 1 Dan Lacroix - Regional Director; Colby Flank, Jason Hanley - Union Representatives REGION 2 Kelly Tosato - Regional Director; Mona Bailey, John DiFalco, John Di Nardo, Chris Fuller, Rob Nicholas, Mark Stockton, Chris Watson, Dave White - Union Representatives REGION 3 Dan Lacroix - Regional Director; Simon Baker, Shannon Epp, Paul Hardwick, Dean McLaren, Daniel Mercier - Union Representatives; Jacques Niquet Servicing Representative REGION 4 Sylvia Groom - Regional Director; Rick Hogue, Roy Reed Union Representatives; Virginia Haggith, Ashleigh Garner, Casey Magee, Arlene Robertson, Brenda Simmons, Melody Slattery - Servicing Representatives REGION 5 Jim McLean - Regional Director; Jehan Ahamed, Bob Kearney, Brad Morrison, Mario Tardelli Union Representatives; Lee Johnson-Koehn - Servicing Representative REGION 6 Luc Lacelle - Regional Director; Wendy Absolom, Sam Caetano, Matt Davenport, Tim Deelstra, Joe De Melo, Anthony Di Maio, Angela Mattioli - Union Representatives; Lionel MacEachern - Servicing Representative REGION 7 Barry Sawyer - Regional Director; Dave Forbes, Sharon Kempf, Diane Sanvido, Steve Springall Union Representatives REGION 8 Derik MacArthur - Regional Director; Jeff Barry, Matt Belanger, Rob Cullen, Sandra Rogerson - Union Representatives ISSN No. 1703-3926
President’s Message PAGE 3 Secretary-Treasurer’s Message PAGE 4 Labour Day PAGE 5 Union News PAGE 8 Wing’s Workers on Strike PAGE 10 Good Humor Workers on Strike PAGE 11 Community Action Network PAGE 12 Pride PAGE 13 Organizing PAGE 14 Benefits PAGE 16 UFCW Intl. Convention PAGE 17 Political Action Committee PAGE 18 Negotiations PAGE 18 Fundraising PAGE 20 Our Members PAGE 22 Labour Day (cont.) PAGE 23/BACK COVER
CHECKOUT is an official publication of Locals 175 & 633 of the United Food & Commercial Workers (UFCW)
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UWWO
Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn PRESIDENT’S MESSAGE Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Haggerty Local 175 President Shawn Hagg
Shawn Haggerty
Labour Day, Politics, and the future of our Local Union This is always an important time of year. Many of us recently celebrated Labour Day, a holiday that has its origins in the union movement. In Canada, it dates back to the 1800’s when the average worker put in between 14 and 16 hours a day, seven days a week, under harsh conditions. For years, unhappy workers rallied together through many protests. Some gatherings were peaceful while others turned violent. Finally, through these protests, strikes, decisive bargaining, and pressure from workers and activists, the government declared Labour Day a national statutory holiday in 1894. I hope that you had a great Labour Day. I hope you were able to spend time with family and friends and reflect upon all the good things that have been achieved throughout the year. We have tough challenges ahead. As we inch closer toward the next Federal election in 2015, and face constant threat of a new Provincial election almost every spring and fall, we continue to see attacks on Labour Unions, not only in Ontario from Conservative Boss Tim Hudak, but all across Canada as well. The same attacks are happening to our neighbors south of the border, where conservative groups are on the move to take away working people’s rights and make working conditions much worse.
was voted down in a Conservative dominated Senate, and sent back to the House of Commons for reconsideration. Harper and his Conservatives are telling us that we should be more transparent, when in fact Labour Unions couldn’t be more transparent than they are already. We know where we stand, do they? It’s certainly a tough road ahead, but we must stay strong, and united. It is our job to do the very best that we can to educate everyone on the importance of supporting Unionized workplaces, what it means to be a Unionized worker, and the positive impact that that can have on one’s quality of life. It is imperative that in the near future, workers must get out and vote to form pro-worker majority governments. We need to elect people who are not afraid to stand up to big corporations, which make it their day-to-day business to stomp on workers’ rights. Again, as we look forward to a fast approaching 2014, let us organize and strengthen our Labour Movement even more. We must overcome the challenges ahead and stay strong, proud and united, as any family and Union should be. In Solidarity, Shawn Haggerty
The ever looming Bill C-377, the union transparency bill that would require labour unions such as ours to provide disclosure of financial information about individuals and companies, was deemed so unconstitutional that it
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SECRETARY-TREASURER’S MESSAGE
Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 SecretaryTreasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 SecretaryTreasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Treasurer Teresa Magee Local 175 Secretary-Trea
Teresa Magee
Labour Day is an important reminder that the struggle for workers’ rights goes on every day all around us. Most media and politicians take every available chance to frame Unions and unionized workers in a negative way. Workers are pitted against each other and while our focus is distracted, most of us don’t notice the systematic dismantling of workers’ rights that’s happening right under our noses across the nation. Canada is still a beacon of freedom and progress in some respects but we take a lot for granted in this country. Imagine if here at home we still had to fight against child labour, piece rate pay tied to impossible expectations, no bathroom breaks, locked emergency exits, blocked stairwells and passageways, no venting for chemicals and fumes, no maternity leave, and no overtime pay… just to name a few. We all saw coverage of the Tazreen garment factory fire in Bangladesh last November where 112 workers died. And this past April, more than 1,100 Bangladeshi workers were killed in another workplace tragedy when the 8-story Rana Plaza factory collapsed. And there are many stories of struggles around the world, with lives lost in pursuit of basic human rights, which will never be told. Companies in countries where labour standards are poor at best, continue to cut costs and corners to sell to huge global conglomerates that pass those ‘savings’ on to consumers around the globe. We might be on the other side of the world – but we can make a difference.
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Choose Canadian made products – not just ‘packaged in Canada’ products. Choose Union-made products. Choose to purchase from companies that take an environmentally, economically and socially responsible approach to their business practices. Choose to be informed. We can’t always make perfect choices but making the best one possible is not difficult. Understand that making those choices is about standing up and saying I will NOT support the mistreatment of workers in ANY country and I will NOT support the outsourcing of Canadian jobs to countries with non-existent labour laws and non-existent human rights. While we celebrate Labour Day and the achievements we’ve made as a labour movement, please remember that we need to continue to work hard to maintain those achievements. We cannot be complacent. We cannot let our rights be stripped away through legislation like the Conservative’s Right to Work bill. We cannot allow politicians and corporations to force us into an economy where all anyone can afford is the cheapest option, while companies make record-breaking profits. Thank you to everyone who came out to celebrate Labour Day this year and I hope to see more of you out in years to come. Remember that there is fierce solidarity within the global labour movement. Reach out and get involved! Your rights and future are on the line. In Solidarity, Teresa Magee
During Labour Day 2013, on September 2, Locals 175 & 633 members across the province showed support for working people and their families at various events, parades, barbecues, and other fun activities. Some Labour Day events doubled as fundraisers for the Leukemia & Lymphoma Society of Canada (LLSC). The generous members who attended the Cornwall and Toronto Labour Day festivities raised an impressive combined total of more than $5,200! Thank you to everyone who donated or collected pledges – every bit helps get us a step closer to finding a cure for blood cancers!
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HAMILTON
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Labour Day Continued on Page 23...
UNION NEWS
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SCOTT PENNER After 41 tireless years as an outstanding champion of the labour movement, UFCW Union Brother Scott Penner is retiring. Scott’s journey started in 1972, working fulltime at Zehrs. At the time, his workplace was not unionized and Scott played a vital role in seeing it happen. In 1982, employees at that Zehrs became members of UFCW Region 19 Retail Clerks and Scott’s co-workers elected him to be their Union Steward. In 1987, UFCW Local 1977 hired Scott as a Union Representative, later becoming President of that same Local Union. He continued as President until Local 1977 merged with Local 175 back in 2011, when he took the position of Executive Assistant to Local 175 President Shawn Haggerty. “I’m so happy to have had the privilege to work alongside Scotty for the latter part of his career,” said Shawn. “He’s such a great guy and we’ll miss him. And just like a family, he’ll always be a part of us. On behalf of everyone at the Local Union, I’d like to congratulate Scott for his achievements over the years. I wish him the best for his retirement and many happy days to come.” “Every battle that was won is always a major milestone to be proud of,” explained Scott when asked about some of the major milestones in his career. “But if I had to pick; the merger between Locals 1977 and 175 was one of the greatest moments that I’m proud to have been a part of.” Scott worked alongside President Haggerty to ensure the merger between the two Local Unions was as smooth as possible. “It was a great achievement for both of us to strengthen our numbers and ensure greater protection for our all of our members across the province,” explained Shawn. Scott was instrumental in the merger, which united the 10,000 members of Local 1977 with the 50,000 Local 175 members. “Scott’s leadership, knowledge and 8
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his ability to get along with people were huge assets to have not only in the months of discussions leading up to the announcement but during the transition and since,” explained Shawn. Throughout his great career, Scott was inspired by people like Brian Williamson, former 1977 President, and Al McLean, who worked for Local 1977 and now works as an Executive Assistant with Local 175. Scott considers both Brian and Al good friends, and they worked with each other for many years. “Scott taught me that your work fills such a big part of your life, that you have to love and believe in what you do to get the most out of every day,” said Al. “He always took the time to show us the ropes. He always shared his knowledge and experience. He wanted everyone to be guided by their moral compass, to deal with difficult challenges and be determined to make a difference.” Scott looks forward to taking it easy, spending more time with his family and catching up on things at home. He also has plans to stay active and sharp throughout his retirement. While his smiling face and trademark handlebar moustache will be greatly missed in the office, everyone at Locals 175 & 633 wishes Scott nothing but the best in his retirement.
KEVIN DOWLING In May of this year, Union Representative Kevin Dowling retired from Local 633. Kevin’s career began in the early 70s working in a Loblaws supermarket. After four years, he moved to Miracle Food Mart where he worked as a Meat Cutter Manager for 20 years. At the age of 38, he was hired full-time as an Organizing Representative for the UFCW, a position that he enjoyed very much. He was later elected to the Local 633 Executive Board and in time, became Secretary-Treasurer. During his years with the UFCW, Kevin worked along-
side countless members and staff, including Region 6 Director Luc Lacelle. “Working with Kevin all these years has been a privilege,” said Luc. “He’s been an indispensable part of the Union. We’ll miss him around the office for sure, but we wish him all the best for his retirement!” “The Local has been very good to me all these years,” explained Kevin. “They’re fantastic people and Shawn is a great leader – very open minded, and someone who constantly stresses the importance of organizing the unorganized.”
MARILYN LANG Marilyn started working at Brighton Nursing and Retirement Home (Maplewood Long Term Care) in December 1984. Her starting rate was $4.05 an hour with no benefits. The workers there had organized with the UFCW and the following year, ratified their first collective agreement. Marilyn’s wages went to $8 an hour, and she received 20 sick days per year and a health care plan. About a year later, the retirement home began the process of closing and Marilyn was laid off out of seniority. The Union grieved her layoff and Marilyn was reinstated. “That incident changed the way I saw Unions and I converted to a lifelong supporter and advocate for the UFCW,” explained Marilyn. She later went on to become a steward, health & safety certified member, and sat on the Local 175 Executive Board. Marilyn was hired by the Union in January 2000 to work in the eastern region as a Union Rep, and she chaired the UFCW Health Care Conference on several occasions. Marilyn was inspired by Ray Bromley, her Union Rep while working at the retirement home. “Ray was an amazing Rep. It didn’t matter what the problem was. He listened and was there for us. He always made us feel that we were appreciated by the Union, and motivated us to stand up for ourselves and be proud of the job we did. Because I saw the difference he made in our jobs and lives, it inspired me to want to be a Union Rep,” said Marilyn. “He was my rep, my mentor and most importantly my friend. He taught me to believe in myself and that anything is possible.”
One memorable moment that stood out to Marilyn was when she sat as a Union Rep across from her former employer to negotiate a new contract for those workers. “A substantial number of articles in the agreement were ones I had proposed as a Steward. It was rewarding to be the Chief Negotiator of a collective agreement that I had applied as a steward. To negotiate improvements on behalf of the committee was very gratifying.” “Being a rep can be very challenging at times but also very rewarding.” Marilyn remembered one incident where she fought for a member who had been terminated for absenteeism. The employer, however, was not aware of extenuating circumstances and when Marilyn filed a grievance the employer agreed to take the worker back. “What makes it so rewarding is that after the employee was given another chance they attended almost every membership meeting for the next ten years. Every time I saw them it reminded me of why I became a Rep and the importance of being given a second chance.” Marilyn said the UFCW has been a substantial part of her life for 30 years and she praised UFCW Stewards, in particular, as selfless and dedicated. She said the most difficult thing she has done was deciding to retire. But she now has time to enjoy with her family, including eight grandchildren, and her 1820s home, which has been in her family since 1898. “We’ll certainly miss her,” said Region 3 director, Dan Lacroix, who worked alongside Marilyn for many years. “She’s been a great and valuable part of our Union. We wish her all the best for the future, and a very happy retirement.”
Elena Baclao Elena began working for the Local Union in September 1989. She retired in May 2013 from the Membership Records Department after putting in nearly 24 years of dedicated service. “The whole office will miss Elena,” said SecretaryTreasurer Teresa Magee. “She was always friendly and able to bring a smile to everyone’s face.” While Elena will certainly be missed by her co-workers, she has exciting plans for her retirement including travelling the world with her husband to places such as China, the Philippines and much more! We wish Elena amazing travels and all the best in her well-earned retirement. September 2013
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WING’S & GOOD HUMOR WING’S
On August 13, 2013, employees at Wing’s Food Products, in Toronto, went on strike to fight for fairness, job security, better wages, vacation, and hours of work, and to put a stop to the employer’s attempts to prevent the Union from representing them. Locals 175 & 633 staff and other activists came out in full support of the workers. On August 21, a big rally & barbecue took place. President Shawn Haggerty, SecretaryTreasurer Teresa Magee, and National President Wayne Hanley among other supporters from Local 1000A, National Office, CUPE 79, USW, and the Toronto & York Region Labour Council - all came out to support the members at Wing’s.
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WORKERS ON STRIKE! GOOD HUMOR
On September 1, 2013, the 375 UFCW Local 175 members working at Good Humor-Breyers in Simcoe took to the picket lines, after they turned down the company’s final offer the day before by voting 97% against it. The offer that was proposed would effectively cut wages by $4.50 hourly for approximately 100 female workers classified as light labour, while all other classifications would see their wages frozen for the duration of the threeyear agreement. Wages would be deducted from to pay towards the cost of benefits. In addition the offer included the elimination of paid lunches and other attacks on benefits, vacation changes and the elimination of jobs.
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CAN FAMILY DAY PICNIC On Saturday, July 6, 2013, over 400 members, staff and their families, met for the annual CAN Family Day Picnic which takes place at Boyd Conservation Area in Vaughan. The attendees enjoyed a beautiful sunny day, eating great food and socializing with one another. The children took part in fun activities such as face painting, creating and decorating their own t-shirts, and last but not least – playing on a very fun obstacle course.
PR DE 2013
Many Pride events took place across the province scattered throughout the summer. On June 30, members and staff of Locals 175 & 633, along with the CAN Committee, marched through the streets of Toronto. This marked the second time the Local Union has taken part in this event, and we look forward to participating in more events next year!
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ORGANIZING
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The Local welcomes its newest members! The Organizing Department has been hard at work in 2013. Of the 37 votes that took place so far this year, 33 have been successful and only four have been losses, which is a far better average than any sports teams that come to mind. In fact, by the end of July, 851 new members had joined Local 175. “Our Organizers love what they do,” explains Local 175 President Shawn Haggerty. “Their passion and dedication shows in how successful they’ve been helping workers stand up against their employers. Organizing is alive and well at Local 175.” In fact, the Local Union is setting record numbers in organizing as a result of the hard work and long hours our Organizers spend alongside working women and men who want to achieve a better quality of life at work. The Organizing Team, formed in 2010, helps to educate and empower working people so they can stand up and demand Union representation. Since its inception, the Team has won 84 certification votes totalling 3,780 new members. In that same three and a half year period, only 10 votes have been lost.
Welcome to some of our newest members!
One of the Team’s most successful major campaigns has been with workers at the Ontario Addiction Treatment Centres (OATC), which are staffed by nurses, case managers and support workers. Workers at 32 OATC locations throughout the province have voted to join Local 175, totalling about 234 new members. Concerns for these workers included job security, better wages, and most importantly, having health benefits because currently these workers have no benefit coverage.
OATC North Bay
Front desk workers at the Barrie Comfort Inn joined Local 175 in February. Other employees at that hotel had been with Local 175 for many years, and the front desk workers realized the benefit of belonging soon after. Employment counsellors at a number of VPI locations in the GTA, and most recently in Georgetown, have voted yes to joining Local 175 to gain better job security and other improvements at their workplaces.
OATC Cambridge
Workers at the Shandiz facility in Markham, which produces organic granola bars, won their vote to unionize with Local 175 in a 66-12 result. This important victory allows the workers at the plant to fight for dignity and respect from management, as well as wage and benefit improvements.
In eastern Ontario, a number of workplaces have achieved Union representation with Local 175 including a huge victory at Ottawa Flyer Force where workers wanted to improve wages, benefits and working conditions. On June 18, workers won the vote for Union representation 60-9. This plant employs up to 100 people during the summer months, where 14
Shandiz Natural Foods
workers collate, package and deliver flyers and advertising materials in the greater Ottawa area. Lassonde Beverages is a juice plant in Toronto, where workers voted to join our Union on April 29, with 84 to 1 in favour of becoming part of Local 175. This plant employs approximately 125 employees during the peak season, so these workers are a key addition to our soft drink sector. The workers wanted better wages, benefits and working conditions. Workers at Talize, a retail thrift store in Brampton, joined our Local Union on April 10 in a 24-9 vote. The workers wanted better wages, benefits, and working conditions, as well as respect from management. Lassonde Beverages
Employees at Wallack’s Art Shop, an art supply distribution centre for Ottawa area retailers, voted 7 to 5 in favour of Union representation. This workplace has about 15 employees. The workers wanted to form a Union to improve wages, benefits and working conditions. On July 30, the 140 workers at NESA Electronics in Toronto won a certification vote with 88-30 in favour of joining our Local Union. These workers, who repair electronic equipment, wanted to improve wages, benefits, working conditions and job security. On July 15, workers at the women’s retail clothing store Sirens in Brampton successfully formed a union with a 24-1 vote in favour of joining Local 175. The workers in this store wanted respect from management, as well as an opportunity to improve wages and working conditions. NESA Electronics
Summary of Chapter 4: Pre-existing Conditions
In June of this year, the Benefits Department attended a meeting in Toronto with David Marshall, CEO of the Workplace Safety & Insurance Board (WSIB). This meeting was a follow-up to a meeting held with WSIB Chairperson Elizabeth Witmer in April. At this meeting, Marshall agreed to reinstate the Best Practices group, which is comprised of WSIB staff, Union Representatives, Legal Clinics and Injured Workers groups. This group discusses priority issues to find practical solutions and develop documents to be used by WSIB staff in their decision making process. The goal is to achieve reasonable decisions that allow injured workers to live with dignity. Local Union Benefits Representatives expressed concerns to Marshall regarding increased claim denials. One of the WSIB’s own statistics regarding changes to decision timeframes reveals just one reason our members are receiving so many bad decisions. In 2012, 92% of the decisions made took place within two weeks. More than half of these are made within 24 hours. Does this short turnaround really give adjudicators the time to consider all the necessary evidence in each case? The WSIB has become so focused on the bottom line and what it deems ‘efficient and work-related’ that our injured members are facing more hardships than ever before. One of the major issues causing increased denials for our members’ claims is pre-existing conditions and/or Degenerative Disc Disease (DDD), or the natural aging process in general. Marshall and retired WSIB Director Paul Gilkinson, expressed their views on this issue at the meeting: Compensable consequences of the injury; that is if the diagnosis is a strain/sprain and the symptoms and impairment continues and there is a pre-existing condition, what is the role of the pre-existing condition in the ongoing symptoms? The fact is that the pre-existing condition may “swamp” the injury and therefore no further benefits will be allowed as the pre-existing condition is not compensable. WSIB must establish “work relatedness” if there is concurrent deterioration. Last year, former Deputy Minister of Labour Jim Thomas, was assigned to lead a review of the policies under the new WSIB framework. Thomas notes a number of gaps in policy, areas that require further development, and a lack of reasons given for this shift in approach which is reducing entitlement to injured workers. The following is an excerpt from his Final Report of the Policy Review: 16
Recommendation #3: The WSIB should develop a new policy on pre-existing conditions to fill a policy gap that exists when adjudicating claims involving pre-existing conditions. I would propose that the policy cross-reference the other benefits policies to which pre-existing conditions might apply. Recommendation #4: The new policy should distinguish between adjudication of initial entitlement and adjudication of cases that occur subsequently. When adjudicating claims involving initial entitlement, as a general rule, pre-existing conditions should not limit entitlement. Recommendation #5: The policy should reference the importance of obtaining a medical opinion based on causation questions that a medical professional should be asked to answer. An administrative practices document should set out the kinds of questions that should be asked. Recommendation #6: The WSIB should undertake a review of how WSIAT has applied its significant contributing factor test with a view to (a) considering whether the adoption of the test of significant contributing factors would provide greater clarity in adjudicating claims involving pre-existing conditions and (b) determining if there are criteria or guidelines in those appeals decisions that could assist adjudicators where multiple factors are present. Recommendation #7: The policy should reflect the reality that there is a range of degrees of pre-existing conditions. There will be cases where the degree is so severe that the workplace factor no longer is significant. There will be cases where the mere presence of a pre-existing condition is insufficient to be the cause of the impairment. Recommendation #8: Because the WSIB has been adjudicating these types of cases for many years and now appears to be seeking a different guideline or standard that would have the effect of narrowing entitlement, the WSIB should provide reasons to explain why it now is seeking a different approach or interpretation. Through its submissions to the Policy Review, Mr. Thomas, and arguments to the Appeals Division, the Local Union’s Benefits Department continues to stress the benefit of investigating the pre-accident state. Medical research indicates that the natural aging process does not always have associated symptoms, but that there is usually a trigger that renders the condition symptomatic and that trigger can be the work-related injury. Thorough investigation of any previous impairments that caused time off work and/or a modification of the worker’s regular duties prior to the current claim, and whether medical attention was sought at that time, can help determine the way a claim proceeds. Your Local Union will continue to participate in ongoing dialogue with the WSIB to ensure the best possible outcome for workers.
UFCW International Convention From August 12-16, 2013, the 7th Regular UFCW International Convention took place, which saw in attendance representatives from all over Canada and the United States. Local 175 sent 31 delegates, plus 31 alternates, while local 633 sent two delegates and two alternates. Delegates from Locals 175 & 633 included Local 175 President Haggerty & Secretary Treasurer Magee, plus Local 633 President Dan Bondy and Sectretary Treasurer Marylou Mallett. A number of staff & executive board, as well as rank-and-file members also attended. All delegates were elected earlier this year by the membership at meetings. It was announced that UFCW has affiliated with the AFL-CIO (American Federation of Labor and Congress of Industrial Organizations) a U.S. national trade union, made up of over 50 national and international unions, representing over 11 million workers. When Joe Hansen took to the stage to accept his reelection as International President, he talked politics, stressing the ever important need for a proworker majority government in the United States and Canada. “We need a majority that is not afraid to stand up to the big money interests, like the Koch Brothers. That understands that Unions are essential for democracy. That cares more about the next generation of workers than the next election. It is time to say goodbye to John Kasich, Rick Snyder, and Scott Walker1. It is time to send Stephen Harper back to Alberta and elect Thomas Mulcair as the next Prime Minister of Canada.” Tom Mulcair was in attendance as well, and he spoke about the importance of Labour Unions. “Let there be no mistake, a strong labour movement is as essential in our society today, as any time in our history. Anyone who says otherwise, is simply denying reality.” 1) Republican Governors from Ohio, Michigan & Wisconsin, respectively
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UFCW makes a difference at the ballot box Under Tim Hudak, the provincial Progressive Conservatives are floundering. Hudak’s divisive, extreme right-wing agenda brings to mind the radical politics of the Tea Party in the United States. His lack of leadership and poor ballot box results are coming under fire by many. After his failure in the 2011 Provincial election and now losing four out of the five seats up for grabs in Ontario’s August by-election, even his own party wants to talk about replacing him. The one seat they did win was by a narrow margin even after the PCs did a lot of hard campaigning for outgoing Toronto Deputy Mayor Doug Holyday. Holyday, who ran in the Etobicoke-Lakeshore riding, ended up with 46% of the vote and Liberal Peter Milczyn garnered 42%. The Locals 175 & 633 Political Action Committee played an active role in each of the ridings up for grabs. Staff and volunteers were assigned to work on campaigns to ensure that working people and their families understood the importance of participating in the election of their government representatives. “It’s so important to remember that individuals can make a difference,” explained President Haggerty. “We have 66,000 members and if each one of us makes an effort to participate in elections – volunteering or just making sure we vote – we can make a huge difference in the political direction of this province and our country.” The NDP took two of the five Liberal-vacated seats, winning in the Windsor-Tecumseh and London West riding, while Liberals took Ottawa South and Scarborough-Guildwood. Remember, that UFCW members can make a difference at the ballot box. Get out and vote!
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Negotiations Negotiations Negotiations
Negotiations Negotiations Negotiations
>> First contract for workers at Maratech Aviation
>> Three-year contract for PXL workers
The 11 members at Maratech Aviation in Sudbury, ratified their first collective agreement on April 15, 2013. Members of the bargaining unit benefit from wage increases of 3% in each year of the deal with the first years’ increase retroactive to January 1, 2013.
On September 8, members at Cobourg’s PXL Cross Linked Foam facility secured a new agreement that will see them through the next three years.
The agreement includes language that provides for the carryover of employees and their contract should operations move. Workers also benefit from enhanced severance in the event of permanent layoff, a boot allowance, overtime after 40 hours, and up to four weeks’ vacation paid at 8% of their annual earnings or weekly pay, whichever is greater. Family Day is also included as a paid holiday under the contract. Union Negotiating Committee: Julien Boulard and Regional Director, Kelly Tosato.
Wages increase by 1 per cent retroactive to the expiry of the previous contract. Workers also receive subsequent increases of 2 per cent plus shift premium improvements in the second year, and 2.2 per cent in the third year of the deal. The annual maximum for dental coverage increases to $1,500, the boot allowance improves to $200 per year, and the RSP contribution rate goes to 6 per cent, up from 4 per cent. Workers with 13 years of service or more are now entitled to improved paid vacation entitlement of five weeks. Union Negotiating Committee: Timothy Conway, Matt Todish and Union Rep Paul Hardwick.
>> Richelieu Hosiery workers say yes to 3-year deal
>> Military Family Resource Centre workers ratify
Workers at Richelieu Hosiery in Cornwall ratified a new three-year collective agreement on February 25.
Military Family Resource Centre workers in London ratified a two-year collective agreement on March 5, 2013. Wages increase by 2 per cent across-the-board in both the first and second year of the contract term. Workers receive a signing bonus of $500 upon ratification of the contract. Other improvements include the addition of another negotiating committee member and new language regarding severance pay and notice pay.
All workers employed at Richelieu as of ratification receive an increase of 10 cents per hour effective November 2013. Employees hired after the date of ratification, who have completed the probationary period, receive an increase of 10 cents per hour as of May 2014. All members receive a $50 gift card for Metro/Food Basics. New language provides a monthly attendance bonus. Banked hours paid will be considered hours worked for the purposes of paid leaves of absence. Effective November 2014, workers with one year of service receive up to $2,000 per year in Dental Benefits, which are also available for spouse and children. Workers entitled to three or more weeks of vacation may take up to one of those weeks as individual days. Employees with 20 years of service or more now receive six weeks’ vacation per year paid at 12%. Union Negotiating Committee: Rick Brim, Elizabeth Deschamps and Union Rep Daniel Mercier. >> New deal for members at United Canadian Malt Members at United Canadian Malt in Peterborough ratified a new contract on March 27, 2013. Terms include wage increases totalling $1.90 per hour over the three-year term and increases to the afternoon and midnight shift premiums of 5 cents per hour. Workers benefit from a 1% increase to their pension and a health & welfare insurance premium that is now 100% paid by the employer. Paid sick days increases to eleven, up from 9, for the duration of the contract. Family Day has been added to the paid holidays in the contract and there is strengthened language with respect to vacation selection. Union Negotiating Committee Ryan Cullen, Brian `Homer`Maudsley and Union Rep Chris Fuller. >> Canteen of Canada workers ratify On July 29, members at Canteen of Canada in Cambridge achieved a new three-year collective agreement. All rates will increase by 35 cents per hour in each year of the contract term. The first year also provides for an increased safety boot allowance of $120, up from $100, and reduced probationary period language. Union Negotiating Committee: Paul Lane and Union Rep Tim Deelstra.
Union Negotiating Committee: Deborah Smith and Union Rep Wendy Absolom. >> Strike averted as Cargill workers ratify deal A deal was reached between the Union negotiating committee, representing more than 940 workers at the London Cargill poultry plant, and the company following two days of meeting with a Ministry of Labour Mediation Officer after negotiations reached an impasse. Members would have been in a legal strike position as of 12:01 a.m. on June 12 had the parties not come to an agreement. On June 16, members voted to ratify the new deal by 94%. Workers benefit from wage increases totalling 95 cents per hour for full-time over the 4-year term, plus an additional wage adjustment for maintenance workers of 50 cents per hour. Part-time workers receive increase of 50 cents per hour in each year plus an improved safety shoe allowance of $130, up from $100, and minimum reporting pay of four hours, up from three. Other monetary improvements include an additional week’s pay paid on an employee’s 30th anniversary date, and the employer will now pay the annual fees for Tradesperson registration. For the first time ever, employees will now have Long Term Disability (LTD) coverage included as part of their benefit plan. Workers also benefit from increased employer-paid pension contributions and improved maintenance apprenticeship wage scales. The employer will now pay for the Chief Steward to provide all new hires with orientation. Other language improvements address scheduling the weekend maintenance crew, bereavement entitlement, statutory holidays, job postings, payroll errors, and overtime. In addition, workers will not be required to provide receipts in order to receive the annual tool allowance. The employer also agrees to contribute $1,000 per year toward the UFCW Leukemia Fund. Union Negotiating Committee: Danny Amaral, Karen Butts, Al Couture, Larry Douglas, Les Fletcher, Vicki Kelly, Brenda Penny, Eleanor Steffen, Ron Sweetman, Rob Vanderaa, Union Rep Rob Nicholas and Executive Assistant to the President Ray Bromley. 19
FUNDRAISING
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Throughout the year, Locals 175 & 633 holds various events to help raise money for the Leukemia & Lymphoma Society of Canada (LLSC). At the 24th Annual UFCW Leukemia Gala, which took place in Toronto on June 7, it was announced that Locals 175 & 633 members raised an outstanding $330,000, contributing to the UFCW nation-wide total of $2,536,452.24.
Hockey On May 10 and 11, the Local Union hosted the annual Hockey Tournament, where an amazing $26,500 was raised for research to battle Leukemia and Lymphoma. The defending champions from Fearman’s Pork squared off once more against the team from Zehrs Malden Road to take the win yet again, making them champions for the third year in a row. Trophies were handed out by President Haggerty and Union Rep Matt Davenport, who organizes the tournament every year.
Golf Tournaments In May and July, the Local Union held two golf tournaments. One took place at the Lionhead Golf & Country Club in Brampton, with more than 200 golfers, while the other was held in Windsor at the Wildwood Golf & RV Resort, which brought 76 golfers out to the links. Thanks to all the members and sponsors that came out, and the staff that organized these two tournaments. Together they raised more than $40,000 for the LLSC.
Arts for Leukemia Fundraiser On May 25, 2013, the annual Arts for Leukemia took place in Barrhaven, Ottawa. Franca Johnston, who is Chief Steward at Ross’ YIG, along with her three sons and their friends, put together another amazing event. Local artists donated their work for the silent auction, and others donated baked goods and crafts. Guests were entertained by music and entertainment provided by local artists both young and old. Thanks to the generosity of our supporters, the artists, and everyone who came out that night, plus the hard work and dedication of Franca, her family and our volunteers, the event raised $3,142. 20
Peterborough Cares Over the Victoria Day long weekend, Locals 175 & 633 took part in Peterborough Cares, a city-wide fundraiser that encourages the community to help raise money for a variety of charities through a number of events. The Local Union, along with Morello’s YIG and Spike, the Leukemia Fighter, all came out on a weekend graced by great weather, to host a number of events that raised a good sum of $8,200 to be donated to the LLSC.
Bowling (Strike for a Cure) The first ever “Strike for a Cure” bowling tournament event took place on May 11. The event was put together by Lorri Wigle from Metro #141 and Local 633 Executive Board Vice-President Brad Wigle from Metro #147, along with a number of Stewards from the Windsor and Leamington areas. While there was no real winner to the tournament, all 170 bowlers had a great time being together and they raised $4,410 for the LLSC.
Ride for a Cure This year’s Ride for a Cure, hosted by Local 175 and Local 1000A, raised more than $11,000 thanks once again to the generosity of our participants and sponsors. Even with a rainy day, 37 riders came out to enjoy the winding roads and some of Ontario’s most scenic areas. A special thanks to Norah Rae, a Local 175 member at Rexall in Guelph, Brian Scott Rolson, and Rob Nicholas, as they raised the most money in pledges. Big thanks to our sponsors: UFCW National Office, UFCW Local 206, UFCW Local 333, Kahuna Custom Cycle, and UFCW Local 1000A.
Baseball Tournament On July 6 in Brighton, a baseball tournament organized by Rosalee Lewis, a Steward from Horizon Plastics, raised $3000. Eleven teams from different workplaces joined in including members from: Weston Bakery, Weetabix, PXL, Horizon Plastics, and all of the Local’s Material Recovery Facilities. Thanks to the Township of Hamilton, who waived fees for us to hold the event.
Canal Days Fundraiser Every year on the August long weekend, the Canal Days festival takes place in Port Colborne. For the past several years, Locals 175 & 633 staff and volunteers have donated their time at this event to collect money to support the LLSC. For a donation of $5 per car, visitors could park their car in the lot at Food Basics 861. In return, our volunteer parking attendants handed out ‘Leukemia Fighter’ magnets to all who donated. This year they raised $4,725! Thanks to Boggios IDA Pharmacy and Food Basics for their support. September 2013
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OUR MEMBERS
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WEEKLONG PAID TRAINING
Throughout the months of May and June, several weeklong seminars took place at the Local Union’s head office in Mississauga. These seminars were: Health & Safety, Stewards, and a Members’ seminar. Many members from various workplaces came together to learn more about how the Union functions and how they, as members and stewards, can get more involved.
Stewards’ Weeklong
LET TERS FROM OUR MEMBERS Dear Dave White, I want to thank you very much for both your generosity of spirit and generosity itself. It was so nice that you sent such a beautiful card and the Tim Horton’s Gift Card was an added bonus! Not necessary, but certainly appreciated… goes to show what your character is all about too! Thank you! The best to you, Dave. Always, Doreen Doreen Caren Neill, Steward (Zellers 111 Midland) 22
Members’ Weeklong
Health & Safety Weeklong
Hi Shawn, Thank you for a great convention in Chicago! I had a great time and made some new friends from different locals around Canada and United States. I have had some ideas about challenging right to work laws in the US and Canada. In the United States challenge right to work as a violation of the first admendment of the U.S. constitution and in Canada challenge right to work as a violation of the Canadian Charter of Rights and Freedoms. Next time you talk to President Hansen tell him thanks for a great convention and I say hi! Sincerely, Paul Paul Capranos, Steward (Metro 73) Hi I was just in Toronto yesterday to support my transgender daughter at the Gay Pride. I was shocked to see my local in the parade. I approached them and they allowed my wife and myself to march in the parade with them. This worked out great, my daughter was in the group right in front (The Youth Out Reach). So she really felt her parents truly supported her. I have lived and worked in London, Ontario all my life. So saying this, I really think our presence on July 28 at the London Gay Pride 2013 would help break down some of the homophobic views our members have. The LGBT in London has always had problems getting employment in London. I think getting involved in London may help this. Thank You, Kingsley Roberts
Kingsley Roberts, Member (Pepsi London)
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