Metro Toronto Delivery, East / CUPW, Scarborough Local
Monthly Consultation
Held on
Wednesday January 12, 2005
280 Progress Ave, Scarborough ON

S. Simpson M. Duquette
F. Ali L. Charles
D. Beardmore H. Leslie
J. Gilbert K. Davidson
J. Wineck G. Miller
P. Dyck D. Roosevelt
C. Samonte
D. Thurston
J. Connery

Previous Issues

Payroll Presentation

Mr. Kane sent along his regrets that he was unable to attend, he was not advised in advance of the date. As always, any direct issues can be sent to the Central Pay email address or phone line.

The Union indicated that Mr. Kane had a prepared presentation with respect to Time and Leave and is still interested in seeing this presentation. D. Kane

The Corporation indicated that pay resolutions are still the responsibility of the supervisor to correct when brought forth by employees. These may need to be escalated, depending on the nature of the issue.

Meal On Route

The Union is still requesting that a meeting be arranged with Delivery Services, Zone Managers, Union and the Dept of Health to discuss the locations being considered prior to being structured into routes. Our position is also that when you designate a location this becomes part of the employee’s work place and as such is subject to the Health and Safety tours.

The Corporation will review these issues and respond. C. McLachlan/ M. Gilston

Staffing Information

The Corporation advised that the information requested at the last meeting will be forwarded to the Local as requested. For clarification are you requesting the transfer list by function or by seniority?

The Union advised by function. Also we raised an issue last month with respect to a bypass of a letter carrier to the YDC as a PO 4. Have not heard back on this concern.

The Corporation will respond. A. Ilic / C. Samonte

WSIB Claims

The Union is concerned that supervisors are instructing injured employees to report to the station to complete form 7’s and SAIR’s, this information can be taken over the phone if the employee is unable to come into the office. Claims are being held up in these instances.

The Corporation agrees that the statement of injury can be taken over the phone, supervisors then record on the form 7 that the statement was taken by phone.

The Union suggests that a Union rep be present to confirm the employee’s information.

Random Numbers

The Union indicated that they have met with J. Best, the YDC employees have been corrected. However there is still a concern with others, suggest that when it comes to A/L selections and bid results confirmation be sought with those employees hired after July 2004. On Going - J. Best

Walk 39 – Scarborough F

The Union advised that it was their position that when significant changes to routes take place it falls under a ‘ C ‘ restructure any requires an observer.

The Corporation replied that this was only a change in transportation due to route updates and therefore is not a ‘ C ‘ restructure. Route updates are ongoing submissions and are not considered to be part of a restructure of the route.

DRS Values

The Corporation provided a presentation that was given to CUPW nationally.

The Union then enquired as to the implementation of the new SLB/ relay rates.

The Corporation responded that the new rates are for MLC routes and depend on the vehicle type. A value of .44 for a RT hand vehicle exit and .66 for left hand exit. CMB routes will not be affected. Currently awaiting instructions for the implementation.

TN Schedule – Zone 5

The Union indicated that in a particular stn employees were assigned TN above what they believed to be their credits. This was a result in the change to the TN schedule to add the Christmas week, which the Union did agree with. However it seems that where an employee would have earned a credit in the next qualifying period it was assigned on this schedule.

The Corporation will review and respond. S. Simpson

Meetings with Medisys and Employees

The Union advised the Corporation that when these meetings are required a twenty-four ( 24 ) notice is required. This allows for proper representation for the employee.

The Corporation advised that these meeting do not fall under article 10 of the CPC/CUPW collective agreement, however recognize the need for courtesy to employees to be advised in advance of such a meeting and will commit to provide that courtesy wherever possible.

The Union responded that it was their position it is required and in cases where notice is not provided the employee and union rep on site will not participate. However given the Corporations response feel that no concerns will be forthcoming.

Employees not being provided modified duties

The Union was concerned that employees are being sent home when being told that no modified duties were available. It was agreed some time ago that in lieu of consultation a report was sent to the Union with respect to employees on mod. Duties, however in view of the current circumstances this may have to change based on the language of article 54 and greater need. Suggest that if two employees require mod duties and one has no means of income for whatever reason and another has availability to maintain an income then it will be that employee who will be sent home. Also would like to remind the Corporation that this is not limited to the stn but to the area.

The Corporation responded that mod, duties are provided wherever possible, yes some employees may not be provided these duties based on the available medical documents. If an incomplete form or one with unclear information on it is presented then further investigation may be needed prior to allowing an employee to return on modified duties.

The Union requests that prior to anyone being sent home that the local steward be involved, as some times the work being offered in the letters sent to employee’s is not being given; is answer phones.

The Corporation will review cases prior to modified duties being denied.

Bar Chart Reviews

The Union indicated that some of the monthly charts are being sent in, however still a large portion not received. We agree that it is hard to determine the overall impact until the review period, however the monthly submissions make it easier for both sides to address concerns immediately.

The Corporation will continue to address this issue with the stations. On Going

New Issues

Transferring / Bidding for those employee’s with restrictions

The Union raised its concern first with limiting the transfer of employee’s with restrictions to other areas. An example was provided.

The Corporation responded that that matter was in the grievance process currently and would deal with it at that level. However the GTA is looking at the practice as well. Should an employee not advise prior to reporting of a need for accommodation based on a disability or limitations then it may result in the employee being returned to their location.

The Union also raised a concern with respect to the walk posting of November 26,04. A number of employees who have been provided accommodation in their current assignments bid on positions and were successful, however these may be unsuited to their limitations.

After much discussion it was agreed that those employee’s identified would be issued letters advising that they will not be moving on January 24, 2005. The letters will also provide the concern resulting in their non movement, further that both the Union and management will conduct an investigation into the new position and the impact on any restrictions, that placed them in their current assignments, and from that determine if in fact the position is suitable. If so then they will be given reporting instructions if not they will remain in their current assignments and the other assignment will be reposted.

C. Samonte/ Zone Managers/ Union

The Corporation also suggested that a list of those employees being accommodated on routes be complied and provided to Employee Relations for reference in future.

C. McLachlan

Zone 7 – First Level Hearings

The Union raised several concerns with respect to the hearings for this Zone, which were discussed and resolved. It was agreed that most of the concerns resulted from miscommunication and regret any problems as result. Both parties recognized the importance of continuing the complaint stage issues, which are presented at the scheduled meeting every week.

Part-time Hours for the PO 4’s – 280 Progress ( Scarb C/D)

The Union indicated that last June the parties meet to discuss the changes to the scheduled start-time of the part-time number 1 shift PO ‘4’s. Implementation was to take place in July 04. In September a posting of assignments was made and an employee bid on the position based on the posting. This month this employee was advised that their hours were changing to those previously discussed in June 04. It is our position that the Corporation redoes the bid of September and all subsequent bids based on the improper schedule posted.

The Corporation responded that if in fact no employee was required to change their hours in July then in fact no implementation took place and the as such the consultation is null an void. If it is now the intention to make the changes the Union will be notified and consultation will be scheduled.

The Union would ask that sufficient time be allowed for this employee to seek another work location with the hours they are looking for.

The Corporation has no difficulty in that regard, as it will take some time to arrange the consultation. An implementation date can then be discussed.

Delivery of Heavy parcels

The Corporation advised the Union that were employees receive parcels in excess of the fifty pound lifting restriction this are to handled by the employee that allows them to slide them off the vehicle and lower them first to the bumper area and then onto the handcart provided. In the event that carts are not provided then the Corporation will either provide a second person or arrange for the delivery using a “clean up truck”.

The Union indicated that under art 33.24 (d) a second person must be supplied where the volumes are heavy or the parcels are difficult to handle, as well the employee has their rights under art 33.13 if they feel that they are at risk of injury.

The Corporation responded that as per 13.24 where the proper equipment is provided then there is no need for a second person. In case where handcarts are provided employees will be expected to complete delivery. Again individual concerns should be raised to the supervisor for direction.

The Union will provide a National position.

Scarborough F – Priority Staffing

The Union advised that before moving an RLC as per art 52 to an MLC tour, which are identified as priority assignments the supervisor assigned the two LCA’s to cover the tour. This impacted on the householder distribution and the delivery span of it.

The Corporation will investigate the incident and respond. F. Ala

Delivery Services and Notification of Consultation

The Union raised its concern that notification for consultation on restructures is not forthcoming from Delivery Services. This impacts on the time limits and Operations with respect to implementation.

The Corporation will respond. Update – The notification to consult on the aspects of the scheduled restructures lies with the Operations Managers responsible for the stn in question. Delivery services provide the packages and will support the meetings if they are scheduled. Zone Managers

Depot 11 and unmanned routes

The Union raised it concern with the issue at Depot 11 where routes are left unmanned at the beginning of the shift and then offered under emergency overtime later in the day once it has been discovered.

The Corporation will review with the Superintendent L. Anastasi

The Union is requesting damages to those on the regular overtime list for bypasses.

The Corporation will respond L. Anastasi

Use of PO4’s from other facilities at Depot 11

The Union suggested that consultation under Art 15 be arranged to discuss a process for using these employee’s. There is no language in the collective agreement under art 39 for going outside of an installation for additional staff. No other means application in group 1. Art 15 .20 allows for agreement to be reached with consultation.

The Corporation responded that it had exhausted all avenues in that facility and that operational there was a need for additional hours, therefore took the necessary action to meet service to the customers. This was a unique situation during the Christmas period at that facility.

Retail Issues

Don Mills Cameras

The Union indicated that a meeting did take place last week with B. Forsey and A. Kapoor with respect to this issue. Additional meetings to take place.

Stouffville – Start Times

The Corporation advised that the last posting showed the position one position at 07:00 – 11:00. The two employees who travel together adjusted their own hours to 06:45 – 1045 thinking that this falls between the two start times.

The Union indicated that no notice was provided to change schedule to 06:30 as the employees were instructed.

The Corporation will provide notice indicting the official start times for these two positions.

Temporary Employee at Will. B

The Union raised the concern of the temporary employee being used under 39.07 and position not canvassed.

The Corporation advised that this position has been filled twice before and results form transfers/promotions in the backfill. Provided the Union with the last canvass where no employee expressed an interest.

The Union will investigate and apologizes should it be found the complaint received is unfounded.

Closure of Retail Counter at Willowdale B

The Corporation advised the Union that the employees were advised, following the notice to the National CUPW, that the retail business counter is scheduled for closure effective April 15th, 2005.

The Union indicated they were advised, and has requested information, prior to local consultation, from the Director of Retail.

Y.D.C. Issues

The Union informed those present that it expected a new Group 1 staffing proposal base on discussions held with the YDC management team.

The further advised that a problem existed with the RPO values and that tours would need to be reworked, as we expect a new package on January 17, 05 it may not be required if these tours need adjustments.

The Corporation will respond                    Manager / Delivery Services

The Union also raised a concern with respect to booking of vehicles, not all supervisors ( dispatch area ) being notified of booked vehicles. There is too much time looking for keys when this occurs.

Also concern that the supervisors asked for customer service issues from the drivers and these are not being addressed. An example was provided where an issue around vehicle parking was raised and has yet to be addressed.                   Manager

Meeting adjourned

Next Meeting : Wednesday February 09, 2005 at 280 Progress Ave.

Distribution ( VIA Email ) ;

All Present

D. Kane - Manager Payroll

B. Forsey – Director, Retail Business, GTA

D. Racioppa,- Manager Delivery Services, GTA

P. Brennan- Manager, YDC

A. Ilic- Officer, Employee Relations

G. Deveveau – National Director CUPW Ont. Region

P. Mulvihill – Manager, Labour Relations Central Region

C. Marcil – Manager Labour Relations, National

M. Gilston – Officer, O.H.S. & E. Delivery East

C. McLachlan – Manager O.H.S & E Central Region

Information Books, Scarborough Local Stations.