Order-in-Council update in Bargaining 2022 section
Bill 124 update in Bill 124 section
Dear Members
Bargaining: Bill 124 Update
As per my last communication to you in September regarding the Constitutional challenge of ”Bill 124” taking place in the Ontario court, the court’s ruling was released this afternoon. “Bill 124” was declared unconstitutional by the Ontario Court and has been struck down. I will continue to update you as more information comes forward and what it means to our collective agreement with the wage reopener clause, barring an appeal by the current provincial government.
In Solidarity,
Nigel Edwards (He/ Him/ His)/ il/ lui)
President
OPSEU/SEFPO Local 565
HIGHLIGHTS of decision
A decision by the Superior Court of Justice, J. Koehnen, that was released this afternoon on charter challenge of Bill 124, and was found to be unconstitutional. Please see attached.
[362] As a result of the foregoing, I have found the Act to be contrary to section 2(d) of the Charter, and not justified under s. 1 of the Charter.
[363] Given that the entire purpose of the act is to implement the 1% limitation on wage increases in the broader public sector, there is no purpose served in reviewing the Act section by section. While it may be possible that some sections, standing entirely in isolation from each other do not violate any Charter rights, those sections have no purpose apart from enforcing the overall wage limitation that the Act imposes. As a result, I declare the Act to be void and of no effect.
[364] All parties have requested that I defer the consideration of any remedy as a result of the Act having been in effect since June of 2019 to a further hearing. I remain seized of the matter to address the issue of remedy and any other ancillary issues arising from these reasons.
[365] Finally, I would like to thank all counsel for their extraordinary effort in this matter. The written and oral submissions of all parties were of exemplary calibre as was the approach of counsel to each other and the court.
INSPECTOR SAFETY
Dear Inspectors,
With the recent increase of violence over the past weekend and long weekend including but not limited to the shooting in the By-ward Market with multiple injuries, HER Night Club, inside Est2020 Lounge and Restaurant, Triple shooting inside Daisy Cocktail bar, shooting inside Club Paradise and an Ontario Place Music festival.
These incidents continue to reinforce the Union’s concerns for your safety both physically and mentally while on the job. We also acknowledge the physical and verbal attacks that have been directed towards you during your duties, which compounds the concerns.
We stand in solidarity with you and support you. Over the last Four (4) years we have been engaging with the employer pushing these growing concerns forward.
From the On-The-Job Safety Survey, formation of the Inspector Safety Committee a subcommittee within the JHSC (Joint Health and Safety Committee), Inspector Safety Report and the Blackline Safety Device to future initiatives, we will continue collaborating with AGCO Management to address these concerns and your wellbeing and find effective and meaningful solutions.
Your safety in the workplace remains a high priority. Please continue to use the tools and resources at your disposal to assist you. When incidents occur, please remember to complete the Inspector Safety Report which is available on the AGCO’s SharePoint site as well report it to AGCO Management.
Please feel free to reach out to the Union.
In solidarity
Nigel Edwards, President
OPSEU/SEPO Local 565
AGCO Members Bargaining Update:
A new collective agreement between AGCO and OPSEU Local 565 members was ratified on March 9, 2022. It was further ratified by the employer and sent to cabinet for signature by the Order-in-Council.
As you are aware the current Ontario Provincial Government on June 2,2022, was re-elected for another term in office and will soon begin the process of forming a new cabinet which will restart operations during or after summer recess. The Local and AGCO expect the collective agreement to move forward through cabinet to the Order-In-Council for signature in a timely manner. Pay increases will be retro-active.
The Local Executive Committee wishes everyone a safe and joyous summer.
In solidarity,
Nigel Edwards
President, OPSEU Local 565
UPCOMING EVENT
OPSEU Region 5 Educational: Dismantling Anti-Black Racism (May 24, 25 and 26 2022)
The Region 5 Education Committee is pleased to offer this virtual educational opportunity to our Region 5 members. We would like to invite all members of Region 5 to participate in our upcoming Zoom class on:
DISMANTLING ANTI-BLACK RACISM
DATE: This course will run three consecutive evenings:
May 24, 25 & 26, 2022 from 6:00 pm – 9:15 pm
LOCATION: Virtual (Zoom)
Please read the application package carefully, complete the attached application form and return to R5Educationals@opseu.org
The deadline to submit your application is: Friday, May 13, 2022 at 4:30 pm
Please find attached:
– Call-Out Package
– Human Rights Accommodation Form
On Behalf of the OPSEU/SEFPO Region 5 Education Committee
OPSEU/SEFPO Local 565 members say yes to the new collective agreement
Dear members:
AGCO’s OPSEU/SEFPO Local 565 members have voted 71 per cent in favour of accepting a new Collective Agreement with the AGCO.
The three-year deal covers some 400+ members of Local 565.
Despite the restrictions imposed by Bill 124 on the right to collective bargain, the bargaining team has scored several gains.
Bill 124 limits total compensation (which includes but not limited to wages and benefits) to one (1) per cent annually. OPSEU/SEFPO together with other large labour unions launched a Charter challenge of the bill to be heard by the court starting September 2022.
A reopening clause is part of the new collective agreement should the challenge succeed, or the bill is repealed by other means or amended in such a way to shorten the moderation period prior to the end of the Bill’s three (3) year prohibition on total employees’ compensation above one (1) per cent.
The new contract is a good deal given these tough bargaining times under Bill 124 and the pandemic. It comes with good gains which positions us well for future bargaining.
A full summary of the bargaining agreement highlights including a copy of the Memorandum of Settlement can be found here on the membership website: www.opseulocal565.ca
In Solidarity,
Nigel Edwards
President OPSEU/SEFPO Local 565
COMPLIANCE OFFICIALS TO GET A TITLE CHANGE
Hello Local 565 Members
In the spring of 2021 several Compliance Officials brought forward concerns to the Local 565 Executive in regards safety, equipment, training and the Name change from Inspector to Compliance Official. Local 565 Stewards met with Compliance Officials across the province and spoke to them about their concerns.
These concerns were compiled into a report which was presented to Senior Leadership and then Senior Management. As a result, a Senior Management survey went out in the fall of 2021. The results were compiled and on January 28th, 2022 Senior Leadership and Management met with Regulatory Compliance Staff and presented the results.
AGCO Management have heard what Compliance Officials had to say and have committed to engaging with them a correcting these issues. Numerous Action Items were brought forward and in particular the Compliance Official Name.
AGCO Management have acknowledged that the name change was not popular and decided to move forward with correcting this. RCB staff will be receiving an e-mail very soon identifying three names that they can vote on. They are as follows;
- Compliance Official
- Compliance Inspector
- Inspector
The Union is in favor of the Inspector name for two reasons. The first being that all of the authorities for Compliance Officials under the new Liquor Licence and Control Act are designated under the Inspector or Investigator Sections. The second being that should RCB change its name in the future, no name change would be required for Inspectors.
The Union has worked hard in keeping Compliance Official concerns at the forefront and this is your opportunity to shape your future. If you have any questions, please reach out to Union President Nigel Edwards or Vice-President Lorne Blais
Yours in Solidarity,
Be sure to visit the links on the right for important information.
