Thoughts from a Management Lawyer

Thoughts from a Management Lawyer
After having a note linking a page of ours to this blog we felt that it would be fair to also link his to ours.

Take a look as he covers some interesting items in labour relations. Take note that there is a slant towards the management view.

Work Your Proper Hours Day - Friday 24th February 2006

Work Your Proper Hours Day - Friday 24th February 2006

Remember to work only the hours you are properly supposed to work each day!

Michael Markicevic placed in AVP CSBO chair

Michael Markicevic has been placed in the chair of the AVP CSBO as of Monday 20 February 2006.

CUPE’S AGREEMENT WITH THE GOVERNMENT ON BILL 206

[February 22, 2006 07:22 PM]

Legislation will be enacted on or before June 30, 2006, providing as follows:

• 1.1 A commitment for the Minister of Municipal Affairs and Housing to undertake, beginning no later than 2012, a review of the governance model for the OMERS Pension Plan put in place through the devolution process (Bill 206).
  
  
• 1.2 The review would focus on the actual experience of the OMERS governance model in practice, and would include (but not be limited to) the following areas:
  
  
  • a)The effectiveness and fairness of the overall governance framework in representing the interests of employees and employers and ensuring efficient governance and accountability of the OMERS Pension Plan;
    
    
  • b)The efficiency and effectiveness of Sponsors Corporation decision-making, including any use of alternative dispute resolution; and
    
    
  • c)The effectiveness and governance framework in ensuring the overall fairness of the plan and its overall financial stability, including ensuring that cross-subsidization is not occurring between the primary pension plan and supplemental plans.
  
  
  
• 1.3 The review would explicitly not include the following:
  
  
  • a) Reconsideration of the general principle of transfer of governance responsibility to OMERS Sponsors; and
    
    
  • b)Consideration of continuation of any supplemental plans put in place.
  
  
  
• 1.4 The review will be conducted by an independent person mutually acceptable to the Minister and to the employer and employee representative groups, with collective bargaining and pension expertise. Failing mutual acceptability, to be appointed by Chief Justice.
  
  
• 1.5 A report and any associated recommendations will be provided to the Minister and made public within 30 days of the Minister receiving the report. The Minister will give serious consideration to the recommendations contained in the report.
  
  
• 1.6 There would also be provision that after the first full valuation and in any event no later than 2009, the Minister or his or her designate will consult with the employee and employer representative groups to assess progress in effectively implementing the legislation, including governance matters.

cope 343

shomersbill 206 - agreement

CUPE political action stepped down as talks progress

TORONTO — Canadian Union of Public Employees (CUPE)

Ontario President Sid Ryan has stepped down
province-wide political action scheduled to begin at
midnight tonight.

“We have had good, productive, constructive
discussions with the government during the course of
the last 24 hours,” Ryan said. “As I and the Premier
both said this morning, we have been working hard at a
solution that is mutually satisfactory.”

While talks are continuing, Ryan said he hopes and
expects that they will be concluded shortly.

“We are determined to continue working at this with a
view to completing our work today,” he said. “We are
working hard to resolve the last few details; however,
I am confident enough at this stage to say that we can
step down our political protest planned for tomorrow.”

OMERS Bill 206 - News Update

OMERS Bill 206 - News Update

CUPE Ontario President Sid Ryan says he is open to talking about possible options for negotiating a solution to the problems with Bill 206 and delaying job action by CUPE members while talks are ongoing.

The proposal was put to both CUPE and Premier Dalton McGuinty by Conservative party leader John Tory.

CUPE is investigating the government's willingness to withhold third reading of Bill 206 while talks involving all OMERS stakeholders proceed.

In a conference call last night with local leaders and staff, Ryan praised CUPE members for their success in putting pressure on the government to listen to CUPE's concerns about Bill 206. Today, CUPE members all over Ontario held rallies and information pickets at MPP constituency offices.

A leadership meeting for all locals with members in OMERS has been called for 11 a.m. to 2 p.m., Tuesday, February 21 at the Toronto Congress Centre, 650 Dixon Road, Leonard Cohen Room.

As talks regarding possible negotiations proceed, updates will be posted at cupe.on.ca.

OMERS Union Coalition to Stop Ontario Bill 206

FOR IMMEDIATE RELEASE
February 16, 2006


Union coalition calls on province
to stop OMERS Bill 206

TORONTO — The Ontario government should stop Bill 206 and set up a process whereby employees and employers can negotiate a workable model for governing the OMERS pension plan, says the Coalition for OMERS Pension Fairness.

The governance model contained in Bill 206 is discriminatory and unfair, said the coalition, whose members include the Ontario Public Service Employees Union (OPSEU), Service Employees International Union (SEIU), Canadian Auto Workers Union (CAW), Canadian Union of Public Employees (CUPE) Ontario, and the Municipal Retirees Organization of Ontario (MROO).

All four unions and the retiree organization, which have been working for many years to win joint control of OMERS, agree that the following issues have to be corrected in the Bill:

• The Sponsors Corporation will be controlled by a 2/3 voting requirement for benefits and contribution rate changes. This was not the case in the version of Bill 206 that the government introduced in June and it is plainly an anti-democratic voting requirement that rigs the governance process in favour of a minority and against the majority. This is unprecedented in major public sector pension plans across Canada and it will lead to failed decision-making and stalemate.
  
• Compounding the 2/3 voting requirement is another late amendment to Bill 206, which will deny access to mediation and arbitration in the event of a deadlock. In the original Bill, mediation and arbitration was loosely based on the Ontario teachers’ plan model, which is what was promised by Dalton McGuinty to the chair of the OMERS Board in October 2002. Because of an amendment at second reading, a majority vote is now required to access this process, which defeats the whole purpose of resolving deadlock.

Coalition members are adding their voices to the chorus of others, including the Association of Municipalities of Ontario, who have called on the provincial government to create a negotiation table with a defined timeline for employer, employee and retiree organizations to decide a fair model for a self-governed pension plan.

For more information, contact:

Shirley McVittie, OPSEU (416) 448-7446
Jacob Leibovitch, SEIU (416) 447-2311
Cara MacDonald, CAW (416) 497-4110
Pat Daley, CUPE Communications (416) 299-9739 Ext. 264
Don MacLeod, MROO (905) 570-2584

COPE 343/COPE491

OUWCC Solidarity with OMERS members

OUWCC SOLIDARITY PACT
WITH CUPE LOCALS
WHO HAVE OMERS MEMBERS

Whereas, at the Emergency CUPE leadership meeting held January 25th, CUPE leadership of locals with OMERS members adopted a Bill 206 Action Plan, and

Whereas, Bill 206 is a deeply flawed piece of legislation that will discriminate against women, favour higher paid workers at the expense of everyone else, eliminates CUPE’s ability to negotiate improvements in accrual formula and denies paramedics a normal retirement age of 60, and

Whereas, OUWCC is committed to the principal that all workers deserve access to a just pension plan that is jointly governed.

Therefore, be it resolved that the OUWCC leadership immediately communicate to all our affiliated locals:

1. background documents and information on why Bill 206 is a disaster including OMERS Bill 206 Action Bulletin #2.
   
2. CUPE Ontario Leadership Bill 206 Action Plan that was adopted on Janaury 25, 2006.
   
3. requests and suggestions of how to support locals with OMERS members
   in their area, including solidarity on picket lines and at
   demonstrations if possible and desired.

Be it further resolved, that the OUWCC leadership forward an urgent financial appeal for any university locals who have not contributed to CUPE’s campaign against Bill 206.

Be it finally resolved, that OUWCC continues to support CUPE Ontario and all Ontario Locals with OMERS members in their efforts to fight off this assault on our basic rights on the pensions of 102,000 CUPE members.

Andy Wickens xAVP CSBO

Andrew T. Wickens
now former Assistant Vice President - Campus Services & Business Operations
is no longer in the employ of York University, as of Tuesday 14 February 2005.

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