QUESTION OF THE DAY – What can the union do to me if I cross the picket line and work?

cupe1975Questions of the Day

The Employers FAQs Page 

Can employees who are a part of a bargaining unit that is taking job action still come to work?

It is legal to cross the picket line and continue to work during job action. If an employee is interested in crossing the picket line to continue working, their People Leader or HR SBA will assist the employee in arranging for their safety and security, and access to continue work will be supported.

The Union’s Response

The union has addressed this on our Question of the day in December and decided to post  the answer to your question again.  What can the Union do to me if I cross the picket line and work?   

What can the union do to me if I decide to cross the picket line and work?
In the CUPE (Canadian Union of Public Employees) Constitution which CUPE 1975 adheres to the articles below will be put into place:

Offences
B.11.1
A member who does any of these acts is guilty of an offence against this Constitution.  (There are 14 offences listed)  The one we would be concerned with is Offence  (L).
“Fails to respect the Local Union’s picket line, works for the employer during a legal strike or labour dispute or engages in any strike-breaking activity”.

If an accused is found guilty of crossing the picket line, the Trial Committee will decide any penalty and what, if anything, the accused must do or not do.  The decision may include and is listed in Article B.11.1 (g)

  • A reprimand
  • A fine
  • A suspension or expulsion from membership
  • A ban against holding membership or office
  • An order to stop doing the act or acts complained of
  • An order to correct the act or acts complained of
  • Any other order that the Trial Committee finds appropriate

If a member is in violation of section B.11.1 (Failing to respect a picket line), the trial process is as follows:

  • Making a complaint A member in good standing can charge a member within 90 days after the accuser became aware of the offense. Within 5 days, the recording secretary will offer the accused and the accuser a voluntary mediation process.
  • Selecting a Trial Panel and trial committee In at least 10 days, but not more than 120 days, the Local will select a trial panel of 11 members in good standing and select a trial committee. The accused and the accuser are each allowed to object to no more than 3 members of the trial committee.
  • Trial Committee Within 60 days of being selected, the trial committee will hold a private hearing and give at least 14 days written notice.  The accused and the accuser will be able to bring witnesses and cross examine witnesses on the opposing side. The committee will decide whether the accused is guilty or not by secret ballot.
  • Appeal The accused has 60 days to appeal the decision.

 

 

QUESTION OF THE DAY – VACATION/PRE-SCHEDULED SURGERIES

cupe1975Bargaining, Questions of the Day

 

We continue to receive several questions in regard to vacation and pre-scheduled surgeries.  We have presented this question in negotiations on two separate occasions.  We have yet to receive an answer.  This decision is in the hands of the employer.  If you require an answer to this question, please contact your manager and/or Department head.

 

 

WHEN WOULD WE BE IN A LEGAL POSITION TO STRIKE?

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One of the questions we have received in the last few hours is, “When would we be in a legal position to strike?”  We currently have two (2) applications pending in front of the Labour Relations Board.  Our legal team is attempting to have them dealt with in February however, no date has been set at this time.  We will not be in a legal strike position until these cases are resolved.  There are other regulations that we must follow which will affect when we are in a legal position for job action.

For this and other reasons, we will NOT be in a legal position to take any job action or be locked out in the next two (2) to three (3) weeks or longer.  We will provide more information at the CUPE 1975 Member’s Meeting which will take place at 4:30 pm on January 31, 2019, in room 1150 Health Sciences Theatre (East Wing)

 

MEMBERS QUESTIONS RE BREAKDOWN IN TALKS!

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Members questions and concerns are important. 

In an effort to accommodate everyone, all questions will be answered at the CUPE 1975 Member’s  meeting.   The previous Communique  mentioned that a meeting would take place on January 31st.    We are reminding you to attend.

The CUPE 1975 member’s meeting will be held in the Lecture Theartre in room  1150 Health Sciences Bldg. at 4:30 pm on Thursday January 31, 2019.  We urge all our members to check the website daily for important updates and to attend this important meeting.

 

Negotiations Update (January 11, 2019)

cupe1975Bargaining

Negotiations continued on January 10-11, 2019. The mediator was unavailable but we were able to discuss some outstanding issues with the employer. We continue to make progress in our discussions. Mediated talks will continue on January 23-25, 2019.

 

 

 

Mobilizing for Bargaining/Strike Readiness campaign

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Thank you to the members who participated in our Mobilizing for Bargaining/Strike Readiness campaign training this week. We had a full house with an action packed agenda which was facilitated by CUPE National Staff Marc Xuereb – Campaign Support, and Tria Donaldson – Communications Officer. If you are interested in volunteering in our mobilizing campaign and you have not already done so, please sign up at https://1975.cupe.ca/2018/10/19/strike-volunteer-form/

 

January Update

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Hopefully you had some time for rest and relaxation and to reconnect with family and friends over the break.  Thank you to all who joined us at the HQ in Sutherland for our open house just before the break.  Donuts, hot chocolate, and good company were a great way to kick off the break!

Negotiations are continuing throughout January.  Bargaining dates have been set for January 10th, 11th, 23rd, 24th and 25th.
We have a mutual agreement with the employer to not post details of the negotiations at this time.
Any updates that we are able to post will be posted promptly, as we know everyone is eager for news.