Vice President’s Message

On On January 1, 1998, the Metropolitan of Toronto and the fi ve municipalities that surrounded it: East York, Etobicoke, North York, Scarborough and York, were dissolved to create the City of Toronto. The merger was considered a cost-saving measure by the Progressive Conservative provincial government to save up to $645 million annually. Instead, the new City managed only to save $135 million annually. The transition cost totalled $275 million. The days, months and years that followed were diffi cult for City Managers and union members. However, it was also a time of growth in knowledge and experience as Local 3888 assembled an Executive Board of former Presidents and Vice Presidents. The guidance of both City and Union leaders would be necessary considering the task that lay before them. The amalgamation of six collective agreements and the creation of strong language set the foundation for years to come.

16.12 Benefi ts Monitoring Committee

A benefi ts monitoring committee shall be established, consisting of up to two (2) representatives from each of Local 3888 and the City. This Committee shall be jointly chaired by the Director, Pension, Payroll and Employee Benefi ts, and the President of Local 3888 or their designates.

The object of the Committee will be to address issues of concern arising out of the administration of the benefi t plan, including the review of any special circumstances where employees incur extraordinary expenses within the parameters of the plan. And, to review the plan and, if the parties both agree, to make joint recommendations regarding the plan so as to ensure that it meets the needs of Local 3888 and the City. The Committee shall meet at the request of either party.

Through the years, the Benefi ts Monitoring Committee has been instrumental in resolving hundreds of issues, creating past practices and avoiding grievances. The Committee met regularly to discuss individual issues, identify growing trends and recognize special circumstances. The Committee had a strong understanding of the contract and benefi ts entitlements. When OHIP delisted several medications and tests, the BMC’s work ensured that Local 3888 still received coverage. Countless grievances were avoided, which often created past practices that were enjoyed for the years that followed.

During the end of 2016, this relationship became fractured. Although the Association continued to use this platform to discuss the growing number of complaints, it was apparent that the City was not on the same page. Local 3888 had no other choice but to fi le one of the most elaborate grievances in their history. In the months that followed, thousands of online benefi ts forms submitted by our members provided the tools to set a successful course.

In January of 2017, the City of Toronto switched Benefi ts Providers from Manulife to

Green Shield Canada. Around the same time, the Auditor General provided several reports, both publicly and privately, with concerns of fraudulent activities amongst City employees. The battle was heating up and it was time to get reinforcements. It was a city-wide problem, so the Association reached out to the other city unions. Together, we created a coalition to share information. Everyone involved understood the importance of preserving what we had worked so hard to obtain through negotiations. Unfortunately, not all locals had the experience or collective agreement language to maneuver through the complicated legal battle that would follow. With the membership behind us, it didn’t matter how diffi cult the journey would be - Local 3888 went all in.

16.11 Change in Benefi t Carrier

Should there be a change in benefi t carrier of any or all of the employee benefi ts outlined in this Article, such change of page shall not itself result in a change in benefi t levels.

The Benefi ts Committee began collecting information. The number of concerns and complete disregard of benefi ts entitlement was overwhelming. We had to develop a method to keep track of all the issues. The key was to highlight language and past practice differences, while providing actual examples of the individual cases’ effects. The hours turned into days, then into months, as the arbitration date got closer.

16.13 Copies of the Benefi ts Plan Booklet

The City shall provide each employee a copy of the benefi t plan booklet and shall provide updates when they occur. The City shall provide Local 3888 with a copy of the benefi t plan booklet and updates for proof-reading and comment prior to its distribution to employees.

16.14 The City shall provide the Association with a copy of the signed benefi t plan(s), including any updates or changes thereto, once the City is in receipt of the same. Any update or change shall not reduce the scope, level, or nature of any benefi t without the agreement of the parties.

Green Shield Canada provided us with a benefi ts booklet. Upon review, it was evident that there were many inconsistencies. The Association refused to allow the booklet to be released to our membership because of the inaccurate information. As per Article 16:14, the Association asked for a signed copy of the Master Agreement between GSC and the City. The City’s position was there was no difference between the Benefi ts Booklet and the Master Plan. In reality, a Master Agreement contains more detail for usage in administrative purposes. The Association was familiar with the Master Plans of Manulife and diligently reviewed and updated the contract over the year. A line-by-line comparison of the two documents and our Collective Agreement highlighted very clearly there was a reduction of benefi ts. It was time to take our arguments forward.

End of Past Practice

16.01(i) - Extended Health Care Plan Eligibility for Benefi ts - Defi nition of Spouse 16.01(c) - Extended Health Care Plan - Eligibility for Benefi ts - Life Events 16.01(b) ii, (c) - Extended Health Care Plan - Eligibility for Benefi ts - Eligible Expenses 16.02(f) - Extended Health Care Plan - Eligibility for Benefi ts - Physiotherapy 16.02(j) - Extended Health Care Plan - Eligibility for Benefi ts - Out of Country Coverage 16.03 - Extended Health Care Plan Dental Benefi ts - Anaesthesia/Dental Sedation

16.03 - Extended Health Care Plan Dental Benefi ts - Dental Implants (removed) 16.06 - Extended Health Care Plan Long Term Disability

During the recent round of bargaining for a new Collective Agreement, the City presented the Association with eight benefi ts that ended past practice. Limitations to physiotherapy, a reduction to out of country benefi ts, signifi cant depletion of dental coverage, LTD changes, and administrative language around dependants. Each item presented a further reduction to services. In an age where the risk to our health and wellbeing is increasing, a reduction of benefi ts is the last thing we needed.

The parties agreed to have the end of past practices dealt with through the on-going arbitration.

There were a total of seven arbitration dates. I was the only witness, and spent two days on the stand reverberating over 20 years of my life and work. The Association brought forward 86 language concerns and seven “end of past practices.” The approach taken was very unorthodox; however, it was the only way to stop the bleeding. Every single issue would have been a reason to fi le a grievance on its merit. It is an estimation that we will resolve 1200 of 1400 issues put forward to the Committee.

Back to Arbitration

After receiving the award, the Benefi ts Committee provided a summary to our members. (Union Notice-20-103-Benefi tsArbitration-Summary). Every issue was broken down, indicating the outcome with references to the arbitrator’s rulings. In general, the TPFFA did very well. We were successful in all of the “end of past practices” and maintained our benefi ts entitlements. The items that went in the City’s favour were primary exclusion issues that were never part of our benefi ts plan.

The Benefi ts Committee immediately reached out to the City to start the review and reimbursement process. We provided them with an outline with edits to the GSC benefi ts booklet and reference pages to the Arbitrators award to support the changes. The Committee also provided a list of affected members, tying their issues to the applicable supporting references. There were two meetings, and the City was not very cooperative. Arbitrator Sheehan remained seized, which means we can return to him without following the usual practice. We have booked fi ve more dates. We have instructed our legal team to seek damages.

Unfortunately, the battle isn’t over. Through the Committee’s efforts, and with the support of our members, many issues have been resolved. But we are not there yet. Please continue to provide support and continue to arm our Committee with the benefi ts issues forms.

Firefi ghters stick together even in times of diversity. Hang in there. We will see this through to the end.

Kevin McCarthy, Vice President Toronto Professional Fire Fighters’ Association I.A.F.F. Local 3888