Union Raises Red Flag on Lack of Lifeguards at Vancouver Beaches: CUPE

CUPE NATIONAL NEWS RELEASE

May 13, 2020 06:40 PM Eastern Daylight Time

VANCOUVER, British Columbia–(BUSINESS WIRE)–The union representing outdoor pool and beach lifeguards for the Vancouver Park Board is concerned over today’s announcement that nine swimming beaches will be left unattended by lifeguards. Andrew Ledger, president of CUPE 1004, says the decision by the Vancouver Park Board poses a serious safety risk.

“Lifeguards are vital to providing safe public spaces for the people of Vancouver and are critical to public safety,” says Ledger. “We hope the Park Board reconsiders before the long-weekend.”

CUPE 1004 represents over 100 lifeguards for the Vancouver Park Board. Andrew Ledger is available for further media comment on the union’s public safety concerns.

Contacts
Andrew Ledger
President CUPE 1004
604-418-9550

Greg Taylor
CUPE National Communications
604-842-7444

FAQ: COVID-19 Framework for COV City and Parks & CUPE 1004

Provided for information purposes only. Not for interpretation.
Please check back for regular updates as we answer more questions about the Framework.

GENERAL INFORMATION

  1. Introductory Questions
  2. Seniority protection
  3. Hours of work
  4. Occupational Health & Safety
  5. Remote work
  6. Dispute resolution
  7. Other

PHASED APPROACH

  1. Phase 1: Decreasing/Suspending Operations
  1. Phase 2: During Pandemic
  1. Phase 3: Return to normal of operations

 

 

 

GENERAL INFORMATION

The goal of the Workforce Adjustment Measures, also known as the “Framework”, is to allow for employment security, the recognition of seniority, and the timely, orderly and predictable payment, assignment, transfer, layoff, and recall of employees who are affected by operational adjustments in response to the progression of COVID-19; and to enable the Employers to deliver effective and essential services to the public.

 

1.    Introductory Questions

Q:   Why is this happening and what is the goal of this Framework?

A:   The COVID-19 (Coronavirus disease) is having a major affect on our community, economy, workplaces and way of life.  Many of the affects of this public health crisis are not considered by our current structures and practices and Collective Agreements.  The purpose of this Plan is:

  • to protect CUPE members’ employment security and seniority
  • for our union to work proactively with the Employer to reduce the impacts of the COVID-19 crisis on workers;
  • to provide as much certainty and information as we can about what you can expect in the weeks or months to come; and
  • to do as much as possible to protect workers in the long-term so members’ jobs and livelihood are restored when the Public Health Crisis is over.

Q:  Who does this apply to?

A:   This Plan applies to CUPE Local 1004, 15, and 391 members at the City of Vancouver, Vancouver Board of Parks and Recreation, and Vancouver Public Library.

Q:  Why is a Framework needed in addition to the existing Collective Agreements?

A:   Our Collective Agreements cover many different circumstances but what is happening currently with the COVID-19 public health emergency is beyond what the layoff and recall provisions of our Collective Agreements can address, or that were ever thought about having to cover. We need to guarantee seniority and job protection for the long term. The Framework was agreed to ensure that the principles of the Collective Agreement continue to apply with a different approach during the Crisis. 

Q:  Does my Collective Agreement still apply? 

A:   Absolutely. This Framework adds to the existing Collective Agreements by modifying or deferring certain Clauses, in particular those around, layoff and recall, and hours of work, which cannot be applied as normal during this crisis. For those items not covered by the Framework, the parts of the Collective Agreement will still apply as normal, or in the case of seniority, are extended beyond current protections in the Collective Agreements.

Q:  When does this Framework take effect and when does it end?

A:   The Framework takes effect immediately (as of March 22) and will continue to be in place until the Provincial Medical Health Officer has determined that the COVID-19 outbreak is “substantially resolved” and will apply until either party gives 30 days notice.

Q:  Does the Framework dictate staffing levels and layoffs?

A:   No, The Framework does not dictate what staffing levels will be continuing or decide/determine who will be laid off.

2.     Seniority protection

Q:  Will the Framework and the alternative work require a re-calculation of seniority?

A:   No, unless you are absent without being on an approved leave.

Q:  In the case of members with close seniority (a few weeks apart or even same day hires) should one of them opt for a layoff OR are laid-off and the others keep working could that potentially change their seniority relative to the other members upon return?

A:   For Regular Full-Time employees there is no effect.   For Temporary Full-Time and Auxiliary: Yes, because seniority hours are accrued based on straight time hours paid.

Q:  Does this Framework protect my seniority rights?

A:   Yes, and that is one of the major purposes of the document. The Framework states that all employees, including those on approved leaves, shall maintain their current seniority, accrued hours, and service, and that those employees who are laid off shall have seniority protection and recall rights extended to a minimum of 3 months from the expiry of the Framework. This is a stronger protection than we have in our current Collective Agreements.

3.     Hours of work

Q:  Will I still be able to receive overtime pay?

A:   Collective Agreement overtime provisions continue to apply for any work over 8 hours in day or any work over 40 hours in a week.

4.     Occupational Health & Safety

Q:  If I am working during this crisis, how is my safety protected?

A:   The City has agreed to make every effort to provide personal protective equipment (PPE) to employees on the job site, including but not limited to, appropriate attire, gloves, hand sanitizer and sanitizing wipes.

The City and Union have agreed to maintain an active dialogue about workplace safety and the impacts of the ongoing public health crisis to workers and worksites to ensure compliance with legislation, public health orders, guidelines and best practices as the situation evolves. Please advise the Union if this is not happening and we will try to resolve.

5.     Remote work

Q:  Can I work remotely during this crisis?

A:   Maybe, although this is normally not available for most CUPE 1004 members. The Framework provides that the Employers may authorize workers to work from home.

6.     Dispute resolution

Q:  What if there is a disagreement between this Framework and the Collective Agreement?

A:   If ever there is a difference between the requirements of the Framework and the Collective Agreement, the Framework terms apply over those in the Collective Agreement while the Framework is in force. The Collective Agreement language still applies to all other requirements. There is a special dispute resolution procedure in the Framework.

7.     Other

Q:  How will this affect my probation? Does that change if I am voluntarily self-isolating?

A:   In the Collective Agreement, it says your probation will not be affected if you have missed less than 10 days of work. After that period of time any other days missed are added onto your probation period.

Q:  How are current accommodations being dealt with in the Framework?

A:   The Employer’s obligation around accommodation continues. The EOI will ask if you have any work restrictions. Employees must advise of any restrictions and/or accommodation when filling out the EOI.

Q:  How are those on WorkSafeBC leave dealt with under this Framework?

A:   Your WorkSafeBC claim will continue until you return to work.

Q:  Are management also being laid off?

A:   The Framework strictly deals with CUPE members.

 

 

PHASED APPROACH

8.      Phase 1:  Decreasing/Suspending Operations

This phase is the ramp down of operations due to the COVID-19 pandemic. When the Employer decreases or suspends operations for your workgroup, the following provisions apply:

8.1.  Suspension of operations

Q:  How do I know if operations have been suspended?

A:   You should be advised by your Employer (Superintendent, Supervisor, or Manager).

8.2.  Layoffs

Q:  How will the City decide who to lay off and does seniority apply?

A:   The Employer is required to make every effort to use the following order in issuing layoffs within each work group (where work group of employees means crew, Urban Forestry, Cemetery, etc.):

  1. Employees without seniority
  2. Auxiliary and Temporary Full-time employees with seniority
  3. Regular employees based on seniority (last person hired is first person laid off)

Q:  How long could I be laid off for?

A:   It is not possible to tell at this point and we will keep members updated, as we know more in the weeks to come. Please know this is a temporary situation and we expect operations will resume once the Provincial Medical Health Officer deems it safe for workers and the public.

8.3.  Pay protection period

Q:  Is there anything that members need to do to ensure they receive pay protection/ continuation?

A:   If you are at work and told to go home because you are laid off, then the answer is no.

Q:  What sort of continuation of wages do I qualify for if I am an Auxiliary employee?

A:   For those with Auxiliary status, you will be paid as follows:

  • If you are laid off due to COVID-19, you will be paid for shifts scheduled in the 28 days following the day the operation you work in is being shut down.
  • For shifts scheduled on days 1 to 14 of that 28-day period, you will receive your regular hourly pay for those shifts.
  • For shifts scheduled on days 15 to the end of the 28-day period, you will receive 75% of your regular hourly rate of pay for those shifts.
  • If you do alternative work you will be paid for the rate of pay for the job you are doing.

Q:  What sort continuation of wages do I qualify for if I am a Temporary Full-time employee?

A:   For those with Temporary Full-time status, you will be paid as follows:

  • If you are laid off due to COVID-19, you will be paid your regular rate of pay in the 42 days following the day the operation you work in is being shut down, or through to the day your temporary job was scheduled to end before the 42 day period ends, whichever is shorter.
  • For days 1 to 14 of that 42-day period, you will receive your regular rate of pay.
  • For days 15 to the end of the 42-day period, you will receive 75% of your regular rate of pay.

Q:  What sort continuation of wages do I qualify for if I am a Regular Full-time employee?

A:   For those with Regular Full-time status, you will be paid as follows:

  • If you are laid off due to COVID-19, you will be paid your regular rate of pay in the 42 days following the day the operation you work in is being shut down.
  • For days 1 to 14 of that 42-day period, you will receive your regular hourly pay for those shifts.
  • For days 15 to the end of the 42-day period, you will receive 75% of your regular hourly rate of pay for those shifts.

8.4. Fit for duty during pay protection period

Q:  If I am laid off, do I need to remain ready for work during my pay protection period?

A:   Yes, you do. Employees are responsible for being available and fit for work during the scheduled hours in their 28-day or 42-day pay protection period.

8.5. Accessing banks at end of period and before lay off begins

Q:  Can I access my earned banks after the pay protection?

A:   Yes. Employees may request to draw down their earned banks including vacation, reserved vacation, gratuity and CTO. You would be laid off once you have used everything in your banks.

8.6. No bumping

Q:  Why are we not bumping?

A:   Bumping is a Collective Agreement right, but it is not suited to this Public Health Crisis. Bumping is a useful approach where the layoff is permanent, like when the Employer closes a facility or ends a program. This is not the case here and we know these are temporary layoffs. Our members will have access to bumping, in the final phase of the Framework, when operations return to normal and we may have to face a reconfigured workplace. Layoffs are done by seniority to ensure the senior employees will continue to work.

8.7. Approved vacation/days off during pay protection period

Q:  If I take days off (using my quota banks and or authorized unpaid leave) which was approved. Will that put me in the layoff list?

A:   No. If you have approved time off then you would still have to be advised you are in the pay protection period.

9.     Phase 2: During Pandemic

This is a period when operations have been suspended/reduced due to the pandemic following the pay protection period.

9.1.  Expression of Interest (EOI) assignments:

Q:  How will the Employer know who is available for reassignment after employees are temporarily laid off?

A:   The City is going to create a process for employees to express interest to work in a different position/job and employees can indicate what type of work they are interested in, availability to work non-standard hours and work weeks; work restrictions (if any); and preferred method of contact (phone, email, text, etc.).

Q:  What are work restrictions?

A:   These are any physical restrictions or accommodations related directly to the individual’s abilities.

Q:  How will the City choose between qualified candidates?

A:   For short term assignments, the City will choose the first available qualified employee. Short-term assignments are defined as 21 days or less. For long-term assignments (those expected to last longer than 21 days), the City will work to assign the senior qualified candidate from those on the EOI list. When selecting from the EOI list, the City has told us that they will try to assign members from the same bargaining unit as the job being filled.

Q:  If I am on the EOI list, offered a job and don’t want to accept it, what happens?

A:   For those already laid off and on the EOI list:    You can refuse an offer for work if you don’t want to take the position offered (subject to being recalled due to necessity); however, those who have been laid off and refuse 3 work offers over 21 days will be moved to the bottom of the EOI list. This means that you would risk not being offered other work opportunities based on seniority moving forward.

For those still working and receiving pay protection: If you have not been laid off and you refused a work offer you will be considered laid off upon that refusal.

10.   Phase 3: Return to normal of operations

This is when operations will start to return to normal operations.

 

We are currently putting together a series of questions around to answer additional questions about the Framework so please check back for regular updates.

If you have specific questions, please email info@cupe1004.ca.

CUPE 1004 Executive Elections 2020 Results

2020 Election Results

At our AGM on March 10, 2020, the following Executive positions were filled for a two-year term:

  • Vice-President – Scott McIntosh
  • Communications Officer – Dennis Donnelly
  • Unit Chair – COV Sanitation – Jason LeBlanc
  • Unit Chair – COV Streets – Mike Lupo
  • Unit Chair – PNE – Melissa Chambers
  • Unit Chair – EasyPark – Sharon Chu
  • Trustee – Andy Healey  (3-Yr Term – 2020-2023)

CUPE 1004 Executive Elections 2020

2020 Elections

Elections will be held from March 2 – 9, 2020 for the Local 1004 Vice President position (2 year term 2020-2022).  The following were nominated and accepted the nomination:

For more information on the election, please click here.

The following positions were nominated and re-elected by acclamation at the January 14, 2020 Annual General Membership Meeting:

  • Communications Officer (2 Yr Term 2020 – 2022 ) – Dennis Donnelly 
  • Unit Chair – COV FMS and Cemetery (14 month term to March 2021) – Frank Warwick
  • Unit Chair – COV Sanitation and Landfill (2 Yr Term 2020 – 2022) – vacant
  • Unit Chair – COV Streets  (2 Yr Term 2020 – 2022) – Michael Lupo
  • Unit Chair – Parks (Maintenance, Golf Courses, Railway, Lifeguards) (2 Yr Term 2020 – 2022) – vacant
  • Unit Chair – EasyPark (2 Yr Term 2020 – 2022) – Sharon Chu
  • Unit Chair – PNE (2 Yr Term 2020 – 2022)  Melissa Chambers
  • Unit Chair – Small Units (14 month term to March 2021) – vacant
  • Trustee – (3 Yr Term 2020 -2023) – Andy Healey

Moreno Cerra Memorial Fundraiser

A fundraiser has been set up by Angela Cerra for those wishing to donate to support the family of Mo Cerra, the 1004 member who was killed on the job on September 28th.  Details are available at the following link:   https://www.gofundme.com/moreno-cerra-memorial-fund.

If City of Vancouver employees wish to have time paid out of their available banks to make a donation, please speak with your supervisor for approval and please note that any time banks paid out will be subject to the usual statutory deductions.

In addition, there is also a Memories’ page set up to share messages and photos, and to help celebrate Mo’s life.

In Solidarity,

Andrew Ledger
President, CUPE Local 1004

 

 

CUPE mourns Local 1004 member killed on the job

VANCOUVER – CUPE 1004 and the entire CUPE family are mourning the death of Moreno Cerra, a 49 year-old seventeen year employee with the City of Vancouver Engineering Streets Branch, who died while on the job.

CUPE 1004 and the entire CUPE family express our deepest condolences to Mo’s family, friends and co-workers—particularly the crew members who were with him when this tragedy unfolded.

It is devastating when a workplace accident results in any of our brothers or sisters not coming home safely after their shift, and for most of us it is beyond contemplation that a family member would not return home at the end of the day.  For a member of our union family, that unthinkable circumstance became reality this weekend when a workplace accident claimed the life of Mo Cerra from Streets Branch at the City of Vancouver.

The incident occurred on Saturday afternoon (Sept. 28) while our members were working in the area of Boundary Road and Second Avenue.  Upon hearing of the accident, I went straight to National Yard where I met with the crew as they were arriving on site.  I spent two hours with them getting an understanding of what had happened and offering support from the Local.  Subsequently, I have been meeting with members and supporting them as they deal with this devastating loss, offering the full support of our union.

Mo was a long-serving member and was a very well-loved individual, the kind of person who always had a smile on his face and was always going out of his way to brighten the lives of those he worked with.  I have been in touch with the family to offer condolences and support on behalf of the entire membership of our union.

Several investigations will look into the circumstances surrounding this accident in the coming weeks, including those by the RCMP, Coroner’s Office, WorkSafeBC, the City of Vancouver and Local 1004.  We are offering our support to these investigations and are encouraging that those with knowledge of the details keep those confidential to the investigatory process until a final outcome is reached and report is published.  The City of Vancouver, as an interim measure and pending any further recommendations arising from the investigations, has already instituted new workplace rules to address preliminary observations from the accident.

In the coming days we will work with the City of Vancouver and the various support agencies and services to ensure that Mo’s co-workers and family receive the care they need in the wake of this tragedy.  It is important that we are all here for each other as we mourn our fallen co-worker so please reach out to me if you have any questions, need support or have concerns.

In solidarity
Andrew Ledger
President, CUPE Local 1004

Bargaining Committee Elections – COV and Parks Board

Nominations were held to elect a Bargaining Committee in preparation for upcoming City of Vancouver and Parks Board collective agreement negotiations.

Elections will be held electronically (online) from March 25 to April 1, 2019.   Voter credentials are being sent via email to all Local 1004 City of Vancouver members that the local has on file with a valid email address. Anyone who does have email or did not receive their voter credentials and wishes to vote, please contact the Union office asap at 604-324-2440.

The following candidates were nominated for the City of Vancouver (click here to view their bios):

  • Paul Baratta (Waterworks)
  • Glenn Jones (EQS)
  • Mike Lupo (Streets)
  • Scott McIntosh (Streets)
  • Gary Parker (Sewers)

The following candidates were nominated for the Parks Board (click here to view their bios):

  • Nicole Baldin (Jericho)
  • Saul Blakey (Stanley Park)
  • Bonnie Lynn Duncan (Jericho)
  • Brodie Finlayson (Evans Yard)
  • Shawn Philley (Downtown Parks)

If you have any questions, please contact the Union office or Casey Skidmore, Balloting Committee @ 604-324-2440 between 9 and 4 pm weekdays.