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LOCAL 175: Shawn Haggerty, President; Teresa Magee, Secretary-Treasurer; Betty Pardy, Recorder; Ray Bromley, Harry Sutton – Executive Assistants LOCAL 633: Dan Bondy, President; Marylou Mallett, Secretary-Treasurer; Neil Hotchkiss, Recorder Benefits Orsola Augurusa, Sherree Backus, Georgina MacDonald Broeckel, Joanne Ford – Benefits Representatives Communications Jennifer Tunney - Senior Communications Representative; Emily Groom, Amanda Pereira – Communications Representatives; Meemee Seto – Servicing Representative Health & Safety Janice Klenot – Senior Health & Safety Representative Legal Fernando Reis – Co-ordinator; Marcia Barry, Michael Hancock, Simran Prihar, Rebecca Woodrow, Natalie Wiley – Legal Counsel Organizing Rick Wauhkonen - Organizing Co-ordinator; Tony Nigro, Mario Tardelli, Amy Tran – Organizing Representatives; Mike Mattioli, Joe Pereira – Organizing Apprentices Training & Education Kelly Nicholas – Co-ordinator; Laurie Duncan, Ashleigh Garner – Education Representatives CENTRAL EAST REGION Kelly Tosato – Director; Jehan Ahamed, Judith Burch, Mona Bailey, John DiFalco, Anthony Di Maio, John DiNardo, Linval Dixon, Angela Mattioli, Dave White – Union Representatives SOUTH CENTRAL REGION Sylvia Groom – Director; Virginia Haggith, Jason Hanley, Lee Johnson-Koehn, Casey Magee, Brenda Simmons, Mark Stockton, Chris Watson – Servicing Representatives CENTRAL WEST REGION Luc Lacelle – Director; Sam Caetano, Matt Davenport, Tim Deelstra, Joe DeMelo, Rick Hogue - Union Representatives EASTERN REGION Dan Lacroix – Director; Simon Baker, Chris Fuller, Paul Hardwick, Marilyn Lang, Daniel Mericer – Union Representatives; Jacques Niquet – Servicing Representative SOUTH WEST REGION Paul Jokhu – Director; Wendy Absolom, Kevin Dowling, Angus Locke, Rob Nicholas, Roy Reed – Union Representatives NORTH WEST REGION Dan Lacroix – Director; Colby Flank, Dean McLaren – Union Representatives
President’s Message Secretary-Treasurer’s Message Colonial Cookies Update Solidarity: Hamilton Day of Action Our Dedicated Stewards Community Action Network Political Action Workplace Feature: Cargill Arbitration Update Letters to the Local Fundraising Negotiations Organizing Training & Education Health Care Corner Out & About WSIB Update Post-Secondary Scholarship Application
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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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HAMILTON OFFICE 412 RENNIE STREET HAMILTON, ON L8H 3P5 TEL: 905-545-8354 TOLL FREE: 1-800-567-2125
OTTAWA OFFICE 20 HAMILTON AVENUE N. OTTAWA, ON K1Y 1B6 TEL: 613-725-2154 TOLL FREE: 1-800-267-5295
KITCHENER OFFICE 124 SYDNEY STREET S. KITCHENER, ON N2G 3V2 TEL: 519-744-5231 TOLL FREE: 1-800-265-6345
THUNDER BAY OFFICE 21-929 FORT WILLIAM RD THUNDER BAY, ON P7B 3A6 TEL: 807-346-4227 TOLL FREE: 1-800-465-6932
CEP 571-0
President’s Message The Canadian Meat Industy
Our members and workers across the country, not to mention a large portion of Canadian farmers, rely on the critical presence of the meat and meat processing industries in the Canadian marketplace. Secure employment and income shouldn’t be an issue in this industry. We have an extremely skilled workforce with years of experience and some of the most stringent production guidelines for raising, slaughtering and processing beef, poultry and pork in the world. Locals 175 & 633 represent more than 7,300 members in the meat industry. But layoffs and closures as companies consolidate their production mean that number is shrinking. The number of facilities in Canada handling the growing need for beef, pork and poultry demands is getting smaller. In 2000, for example, there were 33 beef slaughtering facilities in Canada with the top four plants handling 86% of the total production. By 2008, the number of facilities had fallen to 24 with the top four plants handling 93% of the total production. The consolidation of plants has led to a concentration of fewer jobs and workers doing more work. On the positive side, the majority of workers in Canada’s beef processing industry are unionized and all of them are members of UFCW Canada. Cargill alone, which currently employs approximately 2,500 Locals 175 & 633 members, has a union density of 84%. The Canadian beef industry has a unionized rate of 77% but even with this high density, that means 23% of the industry is non-unionized. Despite their combined 83% stronghold on the industry, both XL Foods and
Cargill are closing plants and cutting jobs. Last year XL Foods laid-off 200 UFCW members and closed its doors in Moose Jaw, Saskatchewan. In late summer last year, Cargill announced it was closing its Rexdale facility, putting almost 600 members of Local 633 out of work as of Spring 2011. The Cargill plant on Dunlop in Guelph, which employs Local 175 members, will expand as part of the company’s plan for this ‘realignment’ but only about 200 new jobs will be created.
in our beef exports to Asia and Mexico and other international markets. The Canada Beef Export Federation (CBEF) estimates that in the first three months of 2010 total exports to Asia, Mexico and Russia increased by 8 per cent ($74 million). On February 7, 2011, the government announced that Costa Rica had reopened its border to Canadian beef as well. This is promising because having diverse international markets keeps us competitive and gives value to our products.
The secondary meat processing industry is a daunting example of what happens when companies consolidate. Many of the now ‘streamlined’ jobs once belonged to UFCW members but with a current unionization rate of only 40%, this industry has shifted to mid-sized or smaller operations, many of which are non-union.
Our meat industry is challenged by exports from the United States, Chile, Australia, New Zealand, Brazil and many others. International trade is changing and there is a growing need to have access to markets in Asia, South America and Russia. Maintaining and increasing the diversity of our markets is vital to our ability to stay competitive. International consumer markets are strong and have a high demand for not only beef, but pork and chicken as well. Our meat industry can thrive if Canada can secure improved trade access with these markets.
Last year, China lifted its ban on Canadian beef and there was an increase CANADIAN MEAT INDUSTRY FACTS BEEF
•Union density – 77% •Employs 5,280 UFCW members •Market share of top two companies* – 83%
So while the overall union density for this industry in Canada is a strong 65% (42,000 workers) it could be much stronger. We need to maintain and increase our union density. These workers play a huge role in a growing international marketplace and we cannot let the good, strong contracts we negotiate for them be marred by the concessions demanded by employers focused only on the bottom line.
*XL Foods & Cargill
PORK
•Union density – 85% •Employs 8,000 UFCW members •Market share of top two companies*– 69% *Olymel & Maple Leaf
POULTRY
This issue of Checkout features workers at two Guelph Cargill facilities – Dunlop and Watson. The workers at these two facilities enjoy the best collective agreements in the Canadian red meat industry. Turn to page 10 to meet your Union sisters and brothers at Cargill.
•Union density – 74% •Employs 7,800 UFCW members •Market share of top five companies* – 74% * Maple Lodge, Maple Leaf, Olymel, Lilydale & Cargill
OTHER PRIMARY/SECONDARY PROCESSING •Union density – 40% •Employs 5,046 UFCW members •Market share spread amongst many companies*
In Solidarity, Shawn Haggerty
*Maple Leaf, Cargill, Sofina Foods, Pinty Foods, etc. March 2011
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Secretary-treasurer’s message Immigration funding cuts:
How Government decisions directly affect our Union
Immigration plays an important role in the life of this country and our province. When we welcome newcomers to Canada, our society benefits socially, culturally and economically. A just immigration process necessitates providing a safe haven for refugees, reuniting families and loved ones, and celebrating the cultural diversity that Canada is so well known for and even defined by. This is the vision of an immigration system that Canadians want and believe in. One that benefits both Canadian society and individual immigrants, as well as their communities. This is an immigration system that works for everybody; win-win, end of story. But recently, the Conservative federal government made the unilateral decision to cut $53 million in funding from immigration and settlement services across the country. This shocking decision rocked the very foundations of the sector, which built itself through long years of hard work by newcomer communities and their advocates. In one single swoop, mimicking the devastating budget cuts delivered to the Status of Women in 2006, the federal government simply took away much of what had been won and needed dearly. Many are enraged and many more are fearful of the catastrophic impact this will have on the ability of newcomers to access much needed
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services. Without settlement and integration services, newcomers have no support in facing the challenges of making Canada their new home. These services are essential. They assist newcomers in finding housing, jobs and acquiring the necessary language skills they need to make headway in their new lives here. These services provide valuable information and orientation on the ins and outs of the Canadian system, which they are encountering for the first time. These services remove barriers faced by newcomers and make Canada’s immigration system work for everyone. And the Greater Toronto Area, one of the main destinations for newcomers to Canada, will feel these cuts the deepest. With $43 million in recent budget cuts to GTA agencies, many are left wondering if they will have to close shop. Budget cuts of $43 million mean that more than 30 agencies may lose their funding completely. It means that newcomers will be left without any way of translating documents for immigration hearings, or getting the necessary help in filling out an apartment or healthcare application. Thousands upon thousands will lose their access to the help they need to settle in Ontario and ultimately become successful Canadian citizens. As advocates of working people the UFCW denounces these cuts. We are deeply concerned about the negative impact it will have on our members, on working families, and especially on new Canadians hoping to become an active part in our workforce. Local 175 represents workers at Access Alliance Multicultural Health and Community Services, an organization located in downtown Toronto which is being
threatened with federal funding cuts. These dedicated members provide accessible, community-governed primary health care services and also work to improve access to services for immigrants and refugees by addressing social, economic and environmental issues. These services include heath promotion, illness prevention and treatment, chronic disease management and so much more. Without these services, provided by our dedicated members, there is no doubt that the wellbeing of many newcomers will be negatively impacted. UFCW Locals 175 & 633 calls on the federal government to reverse these cuts, and to continue its longstanding dedication for a robust, efficient and accessible settlement and integration sector. There is no doubt that these cuts harm everyone. Our members face losing their jobs. Newcomers are left to face the daunting settlement process alone. And our economy and society, which depends on a successful immigration system for its prosperity, will certainly suffer too. In Solidarity, Teresa Magee
solidarity Fire up the ovens! Weston’s buys bankrupt Colonial Cookies Your Local Union is proud to announce that after a two month battle with uncertainty, workers at Colonial Cookies will be going back to work; if they choose to. On February 28th, 370 members voted an overwhelming 98% in favour of their collective agreement with their new employer, Weston Foods. Early this year, members were shocked and frustrated to hear that Colonial went into receivership and laid off 370 workers, most with 20 plus years of service in the Kitchener plant. This was after being laid-off since the Christmas shutdown. Accrued vacation pay, pension plans, and the future of their families were all at stake. In late February, Weston’s put a bid on
Colonial but the sale was conditional on coming to an agreement with your Local Union. Colonial workers and Local 175 had two paramount concerns before even beginning to negotiate with Weston’s; severance and pensions. Weston’s met that challenge and agreed to a very good buy-out and buy-down package. Each member would receive no less than $5,000 if they decided to buy-out. They would also receive $2,000 for every year of service up to the maximum of $40,000. Those who choose to remain working at Weston’s will receive a buy-down of $1,000 per year to a maximum of $20,000. The company also agreed to recoup the pension plan with $3 million since members were dealing with huge deficiencies under
Hamilton Day of Action UFCW Locals 175 & 633 were proud to join our brothers and sisters from across Canada and as far away as Mexico for the People vs. U.S. Steel Day of Action in Hamilton. Over ten thousand union members, non-unionized workers and community members came together in a tremendous show of strength. With a blazing sea of flags and signs, the protesters shut down the downtown core of Steeltown, and there was no one there who did not feel the power of Union. Downtown Hamilton was abuzz with buses coming from far and wide, and a massive banner reading The People Vs. U.S. Steel draping the front of City Hall. The excitement was building and no one would be disappointed.
The Day of Action began with a rally in front of Hamilton City Hall, emceed by Hamilton & District Labour Council (HDLC) President Mary Long. To great applause, Long welcomed everyone to Hamilton and introduced Hamilton Mayor Bob Bratina. The crowd was pleased to hear Bratina explain that many councillors were present and that City Council had already passed unanimous motions denouncing U.S. Steel’s lockout of USW Local 1005 members. He also called on the company to end its security thug tactics at the Wilcox Gate. Political representatives included MP Chris Charlton (Hamilton Mountain) and the leaders of the federal and Ontario NDP, Jack Layton and Andrea Horwath.
Colonial’s ownership. Weston’s will maintain the pension contributions as outlined in the past agreement. “As a Local Union, we are very proud to give dignity and decency back to our members at Colonial Cookies,” said President Shawn Haggerty. “But most importantly, our members now have the choice to return to work. It’s all on their own terms; the company isn’t forcing anyone’s hand.” Your Union approached the Ministry of Training, Colleges & Universities to initiate Labour Adjustment programming even before the receivership announcement took place. We will continue to provide services for those members who decide not to return to work.
All denounced U.S. Steel and called for an end to the lockout. All of the speakers talked about the fact that what is taking place in Hamilton is taking place in city after city across Canada and also denounced Prime Minister Stephen Harper and the Conservative government’s refusal to stand up for workers. Allowing foreign monopolies to purchase Canadian industry has caused massive job losses and a weakening economy. Workers must ensure that Harper knows this is unacceptable in the next federal election. Following the rally, the march made its way through the downtown core, weaving its way with slogans and flags waving from City Hall, past the front of the federal building on Bay Street and ending at the Hamilton Convention Centre. Workers from all sectors were represented. Retirees joined active workers, students joined anti-poverty organizers, and Mexican Union leaders joined their Canadian counterparts in an action that truly saw the people united against the arrogance of U.S. Steel and all foreign monopolies who are tearing apart the manufacturing sector – a sector that is crucial for Canadian workers and their communities. March 2011 5
our dedicated stewards What does your Union mean to you? Michelle Nault Vermillion Bay Co-op Steward “To me, the Union means security, strength and solidarity. Anytime I need help, my Union and my rep is just a phone call away. We’re a small store in a very small town, so knowing the Union has our back means a lot to the members who work here.”
Roxinne Larmand Family Resource Centre - CFB Trenton Steward “The Union is very important for women in this type of field (early childhood care) because of the wage structure as it’s a huge factor. I know how I struggled for years in this field. Then I came into this environment with a Union in place with consistent benefits, raises, and opportunities to improve yourself personally. The Union has courses where you can get extra education and learn so much about computers, CPR etc. I haven’t found anywhere else that’s non-union where you could get this.”
Louis Rocha Cadbury Adams - Toronto Assistant Chief Steward “Having the Union at a plant that’s been here for over 100 years is a necessity. We have an older workforce, so medical issues, wages and benefits are very important to fight for. It’s important to give a voice to workers and protect our future in the workplace.” Tanya Lyver RCSS – Leamington Steward
Robert Glencross Chief Steward Scott Funeral Home, Remembrance Service Mississauga “The benefits of the Union far outweigh not having one. There are a number of decent funeral homes out there that don’t have a Union, but they also don’t have the protection that we do. As far as I’m concerned, organizing is the best thing you could do.”
Jeff Kellar Hurley’s - Oshawa Steward “Union is that united feeling of brotherhood and sisterhood. It’s everyone making that conscious effort to help each other in the workplace. You can’t do it with just one person, you need that network of people who believe in the same ideas and have the same strength.”
Jorges Garcia Canadian Linen – Ottawa Steward “The labour movement here is quite different than where I come from. In Canada you’re allowed to have a Union, you have the right to be represented. Here at Canadian Linen we have people from five or six different countries so each of us has a different mentality as to what our needs are. As a Union we try to fulfill that. We try to give them the knowledge that it doesn’t matter where you come from, you should be respected and know what your rights are.”
“Union to me means solidarity and advocating for the rights of workers. It’s very important to continue to organize members into our Union, as the stronger we are, the better we can fight and build ourselves. This means better benefits, wages etc. I think this place would be a mess without Union representation. It would be similar to Wal-Mart. We wouldn’t have competitive wages or benefits and there would be a high turnover rate.” 6
community action network Chinese Lunar New Year On Saturday January 29, 2011, approximately 400 members and their families came out to celebrate the Chinese New Year at the Local 175 head office. Everyone had a great time eating delicious food including a traditional BBQ pig, and watching a talented group of performers demonstrate Kung Fu and a Dragon Dance. “It’s quite the celebration!” said President Shawn Haggerty. “It’s important for the Local Union to recognize the diversity of our membership and celebrate it. It’s wonderful to see everyone come together for an occasion like this.” Members received a pair of UFCW mittens and a traditional red envelope, which symbolizes good luck and wealth for the New Year. Members from a number of workplaces attended, including Wings, Cargill, Ready Bake, Weston Bakeries, Compass Group, Mobile Climate, Quality Knitting Ltd, Olymel, Avon Sports, Holiday Inn and Hunter Douglas.
Chinese Lunar New Year is the most important festivity in the Chinese calendar; its origins are centuries old and it is a significant tradition. It’s not uncommon to buy presents, decorations, food, and clothes as well as decorate windows and doors with the traditional red envelopes for the occasion. The New Year is said to represent reconciliation with old grudges and best wishes of peace and happiness for everyone.
Olymel Holiday Lunch For years, members at Olymel poultry plant in Brampton have celebrated the birth of Guru Nanak Dev Ji, which is a Sikh holiday. Last November, members came together to celebrate the holiday with an amazing lunch. The whole plant was fed by five dedicated women with lots of culinary talent. Approximately 465 Olymel workers on two shifts enjoyed a delicious full-course Indian meal complete with desserts. “It’s nice to get together and celebrate diversity,” said member Stella Consiglio. “It’s a great place to work, we’re all together here.”
Virpal Gerwal, Kulwinder Dhaliwl, Kamaljit Gill, Manjit Kalkat, and Ravinder Gahunia cooked up a storm for Olymel workers.
This celebration is one of several cultural festivities that take place at Oylmel through the year. March 2011
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Political action committee
What can working people do? Get informed Get CHATTY Get involved Get out & vote
WHO
Learn about the candidates. Read the flyers you receive in the mail. Go to their websites. Ask questions. Identify the candidate that will protect your interests. Discuss issues with neighbours, family, friends and co-workers. Talk about severance pay, workers’ rights, protection from company bankruptcies & other issues facing workers today. You might inspire others to learn more and get active too. Be active in the political process. Work on election campaigns in your community to help elect candidates who will work hard for you & your priorities. Exercise your right to vote & encourage others to do the same. If every UFCW Canada member in Ontario turns out to vote in the next provincial election, we can decide what our next government will look like.
If we don't vote, workers will pay the PRICE AGAIN.
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O’S ON Ontario YOURElections SIDE? 2011 Caution: Approaching election is vital for working people The slogan on the Ontario Progressive Conservative’s (PC) website says ‘change ahead.’ No doubt we can expect a lot of change if they get elected this fall... and none of it will be good for workers. Ontario PC leader Tim Hudak has kept his platform under wraps so far. But hard-working Ontarians deserve to know where he stands on issues that matter to working people. While we’ll have to wait to see his official platform unveiled in the spring, Hudak’s political priorities are quite clear. Hudak seems to be taking cues from former Ontario PC Premier Mike Harris, whose cabinet Hudak was a part of in the 90s. Harris has been quoted endorsing Hudak, saying Hudak is “a champion for hard work, for lower taxes and for policies that make sense for middle-class families.” But anyone who remembers the Mike Harris Conservatives should know how much harm the PC party actually did to working families. The only things Harris was a champion for was big businesses, like Wal-Mart, the new 407 owners and many other corporations – not workers. Harris destroyed good labour laws like card-check certification, which protected workers against intimidation and harassment by employers. Now workers face seven days of fear between filing for Union representation and a vote. McGuinty brought back card-check for construction workers but what about everyone else? Don’t we all have a democratic right to unionize without intimidation? Just like Harris, Hudak (who worked for Wal-Mart during their entry into the Canadian marketplace) doesn’t think so. In the 90s, Harris gouged labour laws further by freezing the minimum wage, abolishing anti-scab legislation and introducing the ‘Wal-Mart Bill,’ which stated the Labour Board could no longer certify a Union as a remedy for an employer breaking the law. Harris turned the Worker’s Compensation Board (WCB) into the Workplace Safety & Insurance Board (WSIB) and injured workers bore the brunt of $9.3 million cuts to cost of living, as well as diminished compensation and pensions, while employer contribution rates were reduced. The Conservatives sold highway 407, after passing a law allowing its sale, to a Spanish/Canadian conglomerate for more than $3 billion. They sold a highway that was to become a free public road over time to a corporation that now rakes in huge profits. The Conservatives often try to win on promises of tax cuts. But campaign rhetoric is never as simple as it seems. Tax cuts have ramifications. If you cut taxes, something else has to be cut as well. The same Harris government that cut taxes also created crises in the healthcare and education systems that we’re still facing today. Think about the end result. What public services are you willing to do without? Federal Conservatives just slashed $53 million from settlement services, which provide vital programs to new Canadians (see Secretary-Treasurer Teresa Magee’s column on page 4 for more information on these cuts). And even though it’s a Federal program, it has serious ramifications on Ontario where approximately $43 million of the cuts will take place. What kind of cuts will we see at a provincial level from Hudak who says he wants to eliminate things like Local Health Integration Networks (LHINs) and the Ontario Human Rights Tribunal? We need to look beyond blanket statements like ‘tax cuts’ to what that really means for all of us. We all need to demand more of the people we elect into office. We need to hold them accountable. You deserve a government that protects your rights as a worker who keeps this province’s economic engine going. You deserve a government that protects your rights as a voter who casts a vote for a representative that works for you, not just businesses that fill their back pockets. You deserve job security, wages that let you live, health care for your family, and a pension that lets you retire with dignity. Make sure you take your priorities to the ballot box this fall.
March 2011
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workplace feature Cargill Watson & Dunlop After 70 years of business, a small American beef group from the Midwest turned into North America’s largest and most successful meat packing and distribution company in the meat industry. Cargill, Canada’s largest meat processor, operates a number of facilities in Ontario including two major facilities in Guelph Ontario. Cargill Watson and Cargill Dunlop employ approximately 1,200 of our dedicated members. Cargill Watson is a case ready facility, meaning they produce and provide tray ready beef, pork and fresh ground beef products to retailers, wholesalers, restaurant chains and the food service industry. This 150,000 square-foot facility with 450 members distributes nation-wide. These highly-skilled members work diligently at providing high quality products to families across Canada.
Irene Boys Watson Steward
Guy Morissette Watson Plant Chair
Gloria Reynen Watson Steward
Art Gier Watson Chief Steward
Down the road from Cargill Watson is the Cargill Dunlop facility. The 315,000 square foot slaughter and fabrication plant employs approximately 750 of our members. They process between 1,400 and 1,500 heads of cattle per day which totals about 1 million pounds of beef. Our hard-working members have the best collective agreements in the North American meat industry. “We have good benefits and dental plan, our prescriptions are fully covered, and we enjoy personal floater days,” said Rick Daudlin, Plant Chair at the Dunlop facility. “We definitely have the Cadillac of collective agreements. There’s not many jobs out there that pay $23 per hour.”
Margaret Blampied Watson Steward
Dan Daudlin Watson Steward
Denise Denison Watson Recording Secretary
Paul Jagt Watson Steward
Rick Daudlin Dunlop Plant Chair
John Beaton Dunlop Vice-Chair
Meghan Hoag Dunlop Steward
Dan Guillemette Dunlop Chief Steward
Jeanita-Lynn Barnes Dunlop Member
Tim Woods Dunlop Steward
Ryan MacMillan Dunlop Steward
Navidad Talbot Dunlop Steward
Denise Remmerswaal Dunlop Member
Stewards and members at both the Watson and Dunlop facilities are no strangers to raising money for Leukemia research. Every year, both plants host a summer barbecue with the assistance of their Local Union. Through the purchase of hamburgers, pop and cookies, and the sale of raffle tickets, a combined total of $2,480 was raised for the Leukemia and Lymphoma Society of Canada in 2010.
March 2011
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arbitration update Union wins $350,000 for our members in severance payouts! It is a sad fact that some of our Brothers and Sisters become unable to continue working because of injury, disability, or serious illness whether work-related or not. If a member becomes permanently unable to work and the employer cannot accommodate, what happens to his or her employment status with the employer? Can employers leave these employees in a permanent state of employment ‘limbo’? Are these employees ever entitled to a severance package? These are some questions your Union sought answers to in a recent series of arbitration decisions. The short answer is yes. Employees who are unable to return to work because of injury, disability or serious illness are entitled to a severance package from their employer. Your Union pursued this issue in a series of grievances, which were arbitrated in 2009 and 2010. In each case, the employer told the grievors that it could no longer provide them with modified work or they were unable to accommodate, and referred each to the Workplace Safety & Insurance Board’s (WSIB) Labour Market Re-entry (LMR) program.
In some instances, the employer continued to pay benefits for the grievors and kept them on the seniority list. When the Union filed grievances seeking severance packages for these grievors, the employer took the position that it did not owe severance pay because the grievors had not been terminated. However, when the Union referred these grievances to arbitration, the employer changed its tune and now said that the grievances were filed late, because the grievors’ employment had ended when they were referred to the WSIB’s LMR program. Through these arbitration decisions, your Union has successfully obtained approximately $350,000 in severance and termination pay for approximately 125 members. Important things the arbitrators considered are: •Every case is different, it must be judged on its own facts. •Even if the employer takes no steps to end your employment, you may still be entitled to termination and/or severance pay. •There is a two year re-employment requirement under the Workplace Safety and Insurance Act following a work- related accident/illness/injury; so your employment cannot be terminated during this time period.
•The particular collective agreement language must be taken into consideration. •What expectations were there with regard to the members employment and to whom was this communicated? •The mere fact of referral to the WSIB’s LMR or Work Reintegration program does not necessarily end the members employment; and •Is there is a prospect for change or improvement in the member’s medical condition that might allow them to return to work? This is still a complex area of the law and there are still some issues which have not been answered by Arbitrators. If you are an individual who may be thinking of filing a grievance or you are a Steward it is important to contact your Union Representative and/or Union Steward who will assist you in properly filing a grievance.
letters to the local Dear President Haggerty, It was such a great pleasure and honour to receive the Mattie McKay/Pat Thompson/Julius Hoebink/ Clarence Gibson Scholarship today! This scholarship towards my education is extremely helpful and I would like to thank you and UFCW Locals 175 & 633 for this wonderful award. It was also a pleasure receiving this award from Local Union Representative Chris Watson. He has a fabulous personality and is very funny and outgoing. When I first found out the great news that I had won this scholarship I jumped with joy and excitement and celebrated with my family. Being a part of this 12
union has made me proud and has been a great experience. It does an amazing job at keeping workers rights in place and in protecting its members. Thanks again and congratulations to the rest of the winners of this award! Daniel Longo Fortinos, Mountainash Rd Brampton
Letters? questions? comments?
Daniel Longo, pictured with Rep Chris Watson CHECKOUT MAGAZINE 2200 ARGENTIA ROAD MISSISSAUGA, ON L5N 2K7 OR SEND US AN E-MAIL AT: MEMBERSHIP@UFCW175.COM
fundraising Ice Fishing On Sunday, February 6, 2011, twenty-five Leukemia fighters walked cautiously onto the ice covering Lake Simcoe to participate in the annual Ice Fishing Derby to raise $815 for the Leukemia & Lymphoma Society of Canada (LLSC). Dan Daudlin, Union Steward at Cargill Watson, and Gord Hyder shared the $100 prize for the biggest fish. A few first timers attended the event this year including Metro Steward Paul Capranos, Matthew Capranos, Sally and Luc Payette, and Brian Reid. The weather held out and made for a nice sunny day on the ice. And while the fish seemed to be a bit picky about being caught, everyone had a great time. “It’s wonderful to see members get together and participate in an event that they really enjoy,” said President Haggerty. “It’s even better to see them participate because they know they’re supporting a great cause.” Your Local Union looks forward to organizing next year’s ice fishing excursion. In the meantime, you can participate and get involved with the Essex County fishing derby this summer by visiting catchforacure.ca.
March 2011
negotiations New members approve first contract New Local 175 members working at Maple Leaf Consumer Foods in Mississauga met on February 13, 2011 to discuss and vote on the terms of their first collective agreement. All active full-time employees receive a lump sum payment of $500 effective following ratification and increases of 35 cents per hour in May of each of the three years covered by the contract term. Workers classified as Quality Control (QC) will be reclassified as ‘Skilled’ on the wage schedule and receive an additional wage adjustment of 40 cents per hour in May 2011 and 2012 and will receive the full ‘Skilled’ rate effective May 2013. Effective May 2012, the hourly premium for Afternoon & Night shifts increases by 5 cents per hour.
Life Insurance coverage increases to provide an improved benefit of $35,000 and flexible benefit credits increase in each year of the contract. Family Day is now included as a paid holiday and the employer will supply safety boots and replace them at no cost as necessary. The company will pay 1 cent for all hours worked toward the Local 175 Training & Education Fund. This rate increases to 3 cents per hour worked effective May 2012. Workers benefit from enhanced steward representation of three stewards on days and three on afternoons. The contract now provides for unlimited replacement of license trade tools and
those workers in the licensed trades will have their annual license renewals paid by the company. Bereavement leave now allows one day for future internment and the three-day provision now applies to son/daughter-in-law, brother/sister-inlaw, grandparents, grandchildren, and grandparent-in-law. The contract offers additional language to improve the work environment, and also addresses layoff, leaves of absence, health and safety, vacation entitlement, temporary workers, hours of work, and job posting for back up positions. Union Negotiating Committee: Margaret Leung, Bahram Shojaei, Jerry Wiercigoch and Union Rep John DiNardo.
Nursing home members secure new deal The 23 members of the bargaining unit at Caressant Care Retirement Home in Listowel have ratified a renewal collective agreement. At a vote held January 26, 2011, the workers secured improvements in wages, benefits, vacation and more. Wages increase across the board by 2.25 per cent in the first year, 2 per cent in the second year and 2.25 per cent in year three. In addition, the Dietary Attendant receives a wage adjustment and the company agrees to recognize previous experience for Registered Practical Nurses (RPNs) with respect to wages. Prescription eyewear coverage improves to $225, up from $200, per 24-month period and contributions to the workers’ dental plan increase. Paid vacation improves to provide seven weeks at 14 per cent after 28 years of service and bereavement leave entitlement increases to five days, up from four. Improved language addresses scheduling, employer paid doctors’ notes, stewards, call-ins, and health & safety. Workers will also receive an increase in gas allowance. Union Negotiating Committee: Ginny Parkhouse, Katie Wedge and Union Rep Rob Nicholas.
Coke Bottling workers gain new contract The approximately 50 members of the Local 175 bargaining unit working at Coca-Cola Bottling in London secured a new collective agreement at a vote held January 16, 2011. In lieu of wage increases in the first year, the company will contribute an additional 40 cents per hour, retroactive for all hours worked since September 1, 2010, toward the Canadian Commercial Workers Industry Pension Plan (CCWIPP) bringing the total contribution rate to $1.75 per hour. Workers will receive a lump sum of $400 in year two and across-the-board 14
increases of 1.5 per cent in year three, 2 per cent in year four and 2.5 per cent in the fifth year of the contract term. The company will be hiring for two newly created positions in the Warehouse, and Family Day is now included in the contract as a paid holiday. The negotiated enhanced severance package provides two weeks pay per year of service up to 72 weeks, if an employee is permanently laid off due to contracting out. The boot allowance increases to $175 per year in the third year of the contract with additional choices of supplier(s). Workers also benefit
from more choice regarding clothing including golf shirts, t-shirts, sweatshirts and windbreakers. Vacation language improves to include a transition to the calendar year providing payout or extra vacation choice for workers. An agreement for ‘no deals’ outside the Collective Agreement was put in place. Policy on hours of work and overtime are now in line with the Ontario Employment Standards Act and the Ontario Highway Traffic Act. Union Negotiating Committee: Steve Brasier, Terry Churchill, Rick Uhrig and Union Rep Wendy Absolom.
Significant new contract language for CHC workers A three-year negotiated settlement has been reached between the bargaining unit at the Central Toronto Community Health Centres (CTCHC) in downtown Toronto and the employer. The workers ratified the new agreement on January 7, 2011. Important additions provide strong language for the duty to accommodate and allow for equal benefits for transgender, transsexual and gender variant employees. Other very important language estab-
lishes that the company will not contract out bargaining unit work. New language states the employer will establish policy and procedure to better protect the health & safety of the workers. A three-month contract position will be posted for a Client Support Worker with further agreement to consider the creation of a permanent part-time position. Meal allowances increase to provide $10 for breakfast, $15 for lunch and $25 for dinner.
Employees will also be provided training by the employer on a number of relevant health care issues and each employee receives $700 and seven days with pay (pro-rated to full-time equivalent) per year for staff development. New language states that two UFCW Staff Representatives will attend the CTCHC Board of Directors meetings. Union Negotiating Committee: Julianne Kingelin, Kinsey Lewis, Judy Tsao and Union Rep Angela Mattioli.
Hotel workers ratify On January 20, 2011, a three-year collective agreement was ratified by the hospitality workers at the Holiday Inn in Mississauga. The 35 members benefit from wage increases across the board of 1.5 per cent in the first year, 1 per cent in January 2012, another 1 per cent in July 2012, 1 per cent in January 2013 and 2 per cent in July 2013. Houseperson staff assigned to deliver or remove a cot/crib, fridge or microwave from a room will receive a 75 cent payment for that assignment. New language provides full-time workers who change to part-time status with their full seniority up to the new part-time seniority date. Part-time workers who change to full-time will be credited with 50% of their service as their new full-time seniority date. Other language improvements address representation, overtime and the negotiating committee. Union Negotiating Committee: Brian Annan, Kathleen Cunliffe, Victor Glowacki, Hettie Sargeant and Union Rep Mona Bailey.
New members gain first contract On February 18, 2011, new Local 175 members working for Strano Foods in Brampton voted unanimously in favour of their first negotiated collective agreement. The contract establishes language covering job postings, Steward representation, bereavement leave, seniority and hours of work. Wages increase by 5.9 per cent in year one, retroactive to January 1, 2011, with subsequent increases of 4 per cent in each of the second and third years covered by the contract term. Workers assigned to replace a supervisor receive an additional $1 per hour for all hours worked if they perform at least 50 per cent of the supervisor’s duties. All workers receive a 15 minute paid break when working a minimum four-hour shift and Family Day is included as a paid holiday. The company will also supply uniforms for workers and employees at work receive a meal and beverage at no cost to the worker. Workers are entitled to paid vacation of: o o o o
Two weeks at 4 per cent for those with one to five years employment; Three weeks at 6 per cent for those with five to 10 years employment; Three weeks at 8 per cent for those with 10 to 15 years employment; Three weeks at 10 per cent for those with 15 years or more employment.
Union Negotiator: Union Rep Mona Bailey.
Community health care workers ratify three-year deal The 21 workers at Anne Johnston Health Station in Toronto had a ratification meeting on February 24, 2011, to vote on the terms of their negotiated settlement. Family Day is now recognized as a paid holiday and workers receive an increased number of floater days per year. Members are entitled to a Wellness Benefit of up to $225 for full-time and up to $150 for part-time and all letters of understanding have been renewed. Union Negotiating Committee: Mitra Azhdarkosh and Union Rep Angela Mattioli.
March 2011
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organizing Organizing the Core Sector President Shawn Haggerty has always recognized the importance of organizing within the core sector of our Local Union. If we do not continue to organize actively within these sectors, our futures may be in jeopardy. The following poultry industry campaigns speak to the importance of core sector organizing. Both of these campaigns will in large part affect those who work within this industry. For all of our 1,200 members at Maple Lodge Farms, these campaigns are essential in protecting their benefits, wages and terms and conditions of their collective bargaining agreement. Campaign Number One: Puddy Brothers Ltd. Puddy Brothers was just recently purchased by Maple Lodge Farms. At the Local 175 unionized Maple Lodge location, the general labour rate is $18 plus per hour with full benefit coverage. At Puddy Brothers, workers toil at their work stations for wages either at minimum wage ($10.25) or just slightly higher with
little or no benefits. The majority of employees at Puddy are temporary workers brought in from outside agencies, which in the Union’s view, show little or no respect for their workers. Working conditions are poor at best. In the eyes of the workers, managers are abusive. Some workers at Puddy are shuttled to and from work, 25 at a time in a 14-seat van at their own cost. The company’s intimidation tactics and interference with the organizing campaign has gone so far that your Local Union has applied for a Section 11 at the Ontario Labour Relations Board (OLRB). Section 11 of the Ontario Labour Relations Act gives the OLRB full authority to certify a workplace without counting the votes, if the Board determines the Act has been violated to such an extent that the true wishes of the employees cannot be properly ascertained. A democratic vote for Puddy workers was secured, but the ballot box will remain sealed until the OLRB rules on this application.
Campaign Number Two: Golden Cut Poultry Upon the completion of the Puddy Brothers protracted campaign, the Organizers set their sights on Golden Cut Poultry - a division of Maple Lodge Farms. In this campaign, the employer did not interfere in the organizing drive. The workers clearly wanted to improve their wages, benefits and working conditions. On Wednesday, March 2, 2011, the employees at Golden Cut Poultry voted an overwhelming 102-14 in favour of joining UFCW Local 175. The importance of organizing both Puddy Brothers Ltd and Golden Cut Poultry is not only to improve wages, benefits and working conditions, but also to protect the unionized jobs of our members at Maple Lodge Farms. It is incredibly important to have a level playing field for everyone in the poultry industry; otherwise employers like Maple Lodge Farms will look for cheaper ways to make a profit at the expense of working people.
training & education Member’s & Steward’s Week-Long Programs President Shawn Haggerty and the staff of Locals 175 & 633 offer one of the most extensive and accessible Membership Training and Education programs in Canada. We welcome you to participate in our Week-Long Member’s & Steward’s Training programs. Don’t miss this exciting opportunity to learn about your Union and the history of the labour movement, the importance of organizing, everything you need to know about health & safety, and to meet other Local 175 & 633 members. These courses are held at the Training & Education Centre in Mississauga. The Local Union covers the cost of the course, materials and instruction as well as the members’ lost wages, per diems, transportation costs and accommodations as per Local Union policies.
Members - October 17-21, 2011
Learn why workers organize, the history and structure of the Local Union, the role of Stewards, collective bargaining, health & safety, the benefits of belonging and why your Local Union is a leader in the labour movement!
Member week-long training participants, November, 2010
Stewards - October 24-28, 2011
Learn the structure of the Local Union and why your role is so vital, human rights and the duty to accommodate, and what organizing the unorganized means to you and the future of the labour movement.
Health & Safety - October 24-28, 2011 Secretary-Treasurer Teresa Magee hands out certificates to members - November, 2011 16
Learn about committee meetings, workplace inspections, work refusals, hazard analysis, critical injuries, Ministry of Labour inspections, WSIB, dealing with injuries and so much more!
Apply online now at ufcw175.com. Follow the Training & Education link under the Member Resources tab.
health care corner The necessity of Community Health Care Centres The health care system in Ontario is considered one of the best in the world. Ontarians who qualify can access a variety of health care services in their community, including general practitioners, the local hospital, EMS service, physiotherapy clinics and nursing homes. Lesser known health care providers are the Community Health Centres of Ontario or CHCs. CHCs are an important and integral part of the health care system. CHCs have been around for about 40 years and were born out of the ideals of Tommy Douglas, the founder of Canadian Medicare. The basic principle behind CHCs is that they strive to keep people healthy and not just “patch” them up. The CHC model combines primary health care with health promotion and community development initiatives, all under one roof. CHCs also focus on what are known as the social determinants of health. These determinants are factors directly related to the health of individuals. Canadians are largely unaware that our health is shaped by the distribution of income and wealth, whether or not we are employed and if so, the working conditions we experience. For example, having a job that pays a living wage, access to proper nutrition
and reducing negative environmental factors on health all influence whether an individual will enjoy a healthy existence. CHC programs are designed to meet the specific needs of the community they serve, particularly marginalized groups of people who face significant barriers in accessing health care and other related services. For example, a CHC located in an urban setting where new immigrants come to settle will provide programs designed to serve their specific needs. The health concerns of new immigrants may be different than those of a more established population. New immigrants often require settlement services in order to secure a stable lifestyle and have access to good job opportunities, one of the determinants of health. Harm reduction and needle exchange services are also very important among various CHCs. The principle behind harm reduction is to not criminalize the individual for substance use but rather reduce harm by providing outreach and support around prevention and safer usage. At a CHC you will find general practitioners, nurses, nurse practitioners, social workers, health promoters,
chiropodists, dieticians, etc. CHCs are not-for-profit organizations funded by the Ministry of Health and Long Term Care as well as other funding organizations such as the United Way. Each of the 73 CHCs in Ontario is governed by a volunteer board of directors. UFCW Local 175 has represented workers at CHCs since 1997. Currently, Local 175 represents workers at: Access Alliance, Anne Johnston Health Station, Breakaway (Toronto), Breakaway (Etobicoke), Central Toronto Community Health Centres, Parkdale Community Health Centre, Rexdale Community Health Centre and Sherbourne Health Centre. Local 175 has the largest presence of any union in Ontario in representing workers at CHCs. So, the next time you think of the health care system, don’t forget the unique and important role of the Community Health Centre, contributing to the health of Ontarians. In the next issue of Checkout magazine, we will introduce you to some of our CHC stewards and members. These dedicated workers will provide a more in-depth look into their roles and why they chose this important line of work.
out & about Retirees Lunch A number of times a year, UFCW Locals 175 & 633 retirees gather together in various capacities to catch up, talk about their time in the Union and the workforce and also discuss issues that concern them. Executive Board member Jim Montgomery organizes potlucks, casino trips,
buffet lunches and other outings for approximately 40 retirees roughly ten times a year. “It’s about getting together and talking about what’s happening in our communities and what directly affects us as seniors,” said Montgomery. “This means understanding our pension plans and benefits as well as the state of Healthcare in our province.” On December 15, 2010, retirees gathered for a holiday buffet lunch in Hamilton. President Shawn Haggerty, Executive Assistant Ray Bromley and Central West Director Luc Lacelle were there to catch up with retired members. “It’s very important that we recognize the roles our retirees have played in
building our Local Union,” said President Haggerty. “Their roles helped forge a new path into the future for all trade unionists.” President Haggerty was happy to see the number of retirees who still carry their Union card, some of which are decades old. For more information on when and where the retirees meet, contact Jim Montgomery at jim.montgomery011@sympatico.ca. March 2011
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wsib update Changes to Work Reintegration What does it mean for Workers?
Return to Work (RTW) plans did little in the way of rehabilitating workers back to their pre-injury job. Stop-gap measures were put in place to prevent lost time from work and did not focus on the worker’s capabilities but rather on their limitations and duration. Injured workers faced resentment and the stigma associated with a workplace injury grew. Workers were forced to return to their workplaces immediately following a workplace injury. This immediate return was enforced by employers and the WSIB as a way to cut on down lost time wage claims and control employer premiums to the WSIB. It is also been a proven way to manipulate the statistics around lost time accidents and present a misleading accident reporting environment. Interim Policies came into effect Dec.1, 2010. It is too early to identify any trends or how the WSIB interpret the new policies, but the following is clear: • The
proposed changes seek to end the divide between RTW and LMR, maintain employment relationship and provide suitable accommodation.
This goes as far as setting re-training programs that would enable the worker to have a new skill set that is required by the employer. The focus now is on what the worker can do and bona fide reasons of an employer not requiring ongoing employment. • RTW specialists
are now termed as Work Reintegration Specialists.
Work Reintegration Specialists discuss what a worker can do, what jobs may be available, if there are barriers to return to work and the attitude of management and co-workers. The one concern is that the Specialists are telling workers that the employer would be fined (worker’s net average earnings for the year preceding the injury) if they do not co-operate. It is unclear if this is the case. The amount of a fine may be different, if laid and the employer can appeal the fine. • Employers will
be under pressure to accommodate and to do so on a permanent basis.
• Is it possible for a worker to be determined competitively unemployable? Depending on the severity of their injury and restrictions, age and education, some workers have been determined unemployable. Full benefits are paid to these workers until age 65. Interim Policy 19-03-05 outlines the Work Transition (WT) plan: “The purpose of the WT plan is to assist the worker to obtain the skills needed to overcome a permanent impairment and return to a SO (Suitable occupation). The WSIB does not offer a WT plan if a WT plan would not reasonably increase the worker’s prospects for employment in a SO.” The focus is now on continuing and maintaining employment with the accident employer. While re-training and/or further education may now be of better quality, the Interim Policy may reduce and curtail the amount and duration of benefits payable to an injured worker depending on their circumstances. Caution is required. An update will be provided as soon as some sort of clear trend develops.
Visit ufcw175.com and follow the Members Resources link to get more information about WSIB & Benefits 18
March 2011
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