CUPE’s Bargaining Resource SPRING 2013
bargaining trends Demographics
B.C. school boards bargain access to important demographics info A unique contract provision granting CUPE BC school board workers access to important member demographic information will prove useful in future local and provincial bargaining rounds. CUPE’s K-12 provincial table in B.C. concluded negotiations on a two-year deal in December 2011. The agreement contained language requiring the provincial employers’ association to release an annual set of data describing K-12 bargaining units and their members across 60 school districts. The provision reads as follows: “Every October 1st, the union will be provided with detailed bargaining unit demographic, earnings and job classification
information for all reported bargaining unit members from the previous school year in Microsoft Excel spreadsheet format. This information will comprise the following data elements. • School District employer • Years of age (at the time of data submission) • Gender • Position code • Current wage level • Status (Permanent/Temporary /Casual) • Annual hours of work • Years of work experience with the current employer” The information does not contain anything that could be used to iden tify particular people working for school district employers. No names or precise work locations are provided. Member privacy is fully protected. This past November, research staff at CUPE BC received the first
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Innovative language We highlight interesting language that you can bargain into your collective agreement
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Bargaining trends National Bargaining Conference studies strategies in tough times
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data set, containing information on close to 40,000 people employed within the public school system. In December, staff produced a statis tical manual using the information. continued on page 2
at a glance 60 per cent of CUPE agreements could be open in 2013
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Benefits trends Nine ways to respond to pension threats
CUPE Research TABLETALK spring 2013
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continued from page 1 The manual offers a range of tables and charts that summarize statistical data on members’ age, gender, wage levels, hours of work and experience levels. K-12 bargainers are using the information to prepare for the next round of negotiations. It is expected to underpin proposals to increase members’ wages and hours of work. Age information will be useful in anticipating future retirement patterns. Gender information can help pinpoint which job classifica tions are over or under represented among genders with certainty. Annual hours of work data will help demonstrate how some mem bers, like education assistants, aren’t able to support a family with their current working conditions and wages. All of these examples will provide fact-based guidance to the formulation of bargaining proposals and strategies, at the local and provincial levels. This information will be provided annually, so there is also potential to track changes in work and demo graphics over time. The language provides a clear example of how negotiations can open access to important bargaining unit information, allowing us to better represent members’ interests. This language could be pursued by CUPE locals across the country as a very useful, non-monetary gain for locals. ■ John Malcolmson
Innovative language Equality Each issue, we highlight interesting language that you can bargain into your collective agreement. Got language you want to share? Email Margot Young at research@cupe.ca with a brief description of the language, and why you bargained for it.
CUPE and York make contract accessible for members with visual impairments CUPE and York University have agreed that the employer will be responsible for ensuring that employees with visual impair ments have access to the collective agreement in an appropriate and accessible format. CUPE Local 3903 and York University, expiry August 31, 2014 4.06.1 The Employer shall prepare the final form of this agreement for approval of the parties prior to printing. The Employer shall assume responsibility for printing, and distributing to all bargaining unit members and the Union, sufficient copies of the agreed upon final form of this agreement. The parties agree to share equally the costs of printing the agreement. The Employer is also responsible for ensuring that members with visual impairments have access to the collective agreement in an appropriate and accessible format.
CUPE ensures medical leave for trans members undergoing gender reassignment CUPE and the University of Toronto have negotiated two months paid leave for employees planning to undergo the medical procedures related to a physical change of gender. CUPE Local 3902 and the Governing Council of the University of Toronto, expiry April 30, 2014 20:17 An employee who provides a certificate from a medical practitioner confirming that the employee requires a leave of absence in order to undergo the medical procedure(s) related to a physical change from one gender to another shall be granted up to two (2) months of paid gender reassignment surgery leave at the regular rate of pay during the period of his/her appointment.
Tabletalk is published four times a year to provide CUPE bargaining committees and servicing representatives useful information for preparing and negotiating bargaining demands. Find past issues of Tabletalk online at cupe.ca/tabletalk An email edition of Tabletalk is available. Subscribe at cupe.ca/subscribe Please email Margot Young at research@cupe.ca with corrections, questions, suggestions, or contributions.
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Bargaining trends Conference
National Bargaining Conference studies strategies in tough times Over 1,000 CUPE members gathered at the Ottawa Convention Centre in February for the union’s first ever National Bargaining Conference. Over the four-day gathering, members, staff, activists and leaders from across the country shared strategies on how best to tackle bargaining challenges we face in Canada. Panelists on the third day focused on bargaining strategies, highlighting what has worked in their respective regions and advice for participants. “We’ve had to build solidarity, and build the coordination,” said Rhonda Spence, assistance regional director for B.C. “We’ve always believed in coordinated bargaining in B.C., but under the austerity agenda of the provincial government it’s become even more essential.”
Photo: Joshua Berson Photography
The importance of solidarity between bargaining committees, leadership and members was echoed by the other panelists. Communication was singled out as key to developing this essential part of successful bargaining. “The membership always has to be the focus of our communications,” said Gordon Black, regional director
Bargaining trends At a glance
60 per cent of CUPE agreements could be open in 2013 CUPE has almost 4,000 collective agreements. It’s possible that 60 per cent of them could be open and in negotiations in 2013, meaning this would be a particularly busy year at the bargaining table. As we’ve seen for ourselves and heard at the bar gaining conference, this will be a challenging year too, as many gov ernments continue to impose aus terity agendas on public services and employees.
for the Maritimes region. “If the membership are informed, aware of the issues, and firmly behind the committee, the bargaining committee has a much better chance to achieve a good deal for the members.” Denis Plante, regional director for Quebec, agreed. “You need to keep in touch with people. If you want them to stick with you through negotiations, you need to be com municating with them. If you don’t, this is where trust can erode, and erode very quickly.” The panelists, and many of the con ference participants made calls for solidarity in bargaining within and across unions – and that solidarity must be used to spur broader change. The conference concluded with a summary of discussions held over the four days that articulated par ticipants’ vision for a stronger CUPE – a union that is free to pursue our members’ collective goals. ■ Greg Taylor Find more coverage from the conference at cupe.ca/bargaining/ conference
CUPE BARGAINING STATISTICS, Jan. to Dec. 2012 REGION TOTAL NUMBER MEMBERSHIP OF LOCALS
Nova Scotia
17,901
# OF BARGAINING UNITS
126
AGREEMENTS AGREEMENTS AGREEMENTS SETTLED IN OPEN AS OF OPENING 2012 DEC. 31, 2012 IN 2013
163
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117
19
Newfoundland and Labrador 6,286 45 61 0 34 11 New Brunswick 26,904 182 286 17 115 48 P.E.I. 2,891 17 34 4 12 14 Quebec 109,600 500 731 55 348 83 Ontario
246,555 718 1,336 143 661 226
Manitoba 27,025 107 241 32 126 30 Saskatchewan 29,061 122
153
32
63
34
Alberta
209
41
69
47
32,643
109
B.C. 81,139 170 425 34 253 55 HEU (B.C.) Airlines TOTAL
38,998
291
291
29
29
22
8,432
16
16
2
1
2
627,435 2,403 3,946 393 1,828 591
CUPE Research TABLETALK spring 2013
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Benefits trends Pensions
Nine ways to respond to pension threats Strategic responses locals can use to protect their pension plan The following strategies are offered as general guidelines. Pension bargaining is complex and issues should be dealt with on a case-by-case basis, in consultation with pension specialists as required.
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Protect defined benefit plans. Defined benefit plans are the best way to provide a secure and predictable retirement income. These plans have been built through many rounds of hard bargaining and have a proven track record.
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Resist two-tier outcomes. Shifting from a defined benefit plan to a defined contribution plan for new hires will create two tiers of workers within the same bargaining unit. Two-tier arrangements create problems, as members will eventually become split between tier one and tier two. Union solidarity and bargaining strength suffers in these situations.
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Bring pensions to the bargaining table. Often our pension plans are not part of our collective agreements, but this doesn’t mean pensions cannot be brought into some kind of collective bargaining or negotiation process. Collective agreements can be amended to include language that effectively gives the union a veto over plan changes.
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Scrutinize employer and consultant proposals. Employers and their hired consultants often argue that a plan’s funding status is unsustainable in order to justify drastic, permanent cuts. However, there is a significant difference between a truly unsustainable plan and one facing a temporary shortfall. Shortfalls can often be addressed through a series of small and ideally temporary changes.
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Look for past contribution holidays. During the 1990s many pension plans were in surplus and some employers paid substantially less than their annual obligations, often making no annual payment at all. They argued that they were ultimately responsible for any deficit within the plan, so they should also be entitled to any plan surplus. Now those same employers are trying to walk away from this pledge. Showing a history of contribution holidays can be very useful in pushing back against cuts.
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If changes are necessary, make unwanted changes temporary. Any undesirable changes to a plan can be set to expire either at a certain date or once the plan reaches a certain funding level. Minimize permanent concessions by making changes temporary. If necessary, prioritize contribution increases over benefit changes. Our pension benefits are so important that, if facing a difficult choice, it is often better to pay a bit more to protect benefits than to lose them altogether. Build coalitions with other unions in the same pension plan. Often several unions represent workers in the same pension plan. Working together, sharing information and resources, and creating a common front can often lead to better outcomes. Make use of CUPE pension resources. CUPE has staff representatives and researchers with pension expertise. We have pension specialists in the national office. We seek external legal and actuarial advice as needed. Plus, CUPE’s Union Development Department has a wide variety of pension education courses. ■ Kevin Skerrett and Mark Janson Find more at cupe.ca/pensions
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