Job Action Updates- CUPE

The collective agreement between CUPE Local 2559 and the Fort McMurray Roman Catholic School Division expired on August 31, 2020. The two parties have been bargaining actively since then. 

We are currently bargaining for an agreement that would cover the period of September 2020 to August 2024. Approximately 90% (60 of 67) education support staff agreements have already been settled across the Province for terms that end on August 31, 2024.  

• Fort McMurray Roman Catholic Separate School Division is proposing the term of the collective agreement be September 2020 to August 2028. Our position is an eight-year agreement would provide long-term certainty for support staff, families, and the school division.
• CUPE Local 2559 is proposing the term of the collective agreement be September 2020 to August 2026.

Although the school division is the legal employer, it must abide with the Public Sector Employers Act (PSEA). The PSEA provides the President of Treasury Board and Minister of Finance with the legislative authority to issue directives that set strategic direction in public sector bargaining, including term and fiscal limits, and the means to ensure that government direction is met prior to agreement being reached. Given that this act was only proclaimed in 2019, this is the first time it applies to bargaining between the School Division and CUPE. 

School boards must adhere to the provincial bargaining mandates, however, there have been precedents set that if an employee group’s compensation is significantly below industry norms, adjustments may be made to bring them in line with standard levels (this is not applicable for Fort McMurray Roman Catholic Separate School Division as average salaries are currently above industry norms).

A Disputes Inquiry Board (DIB) is a process that can be established by the Minister of Jobs, Economy, and Trade when both parties need a neutral third-party to assist to resolve a dispute. This is a government imposed process that requires the parties to continue negotiations with a neutral third-party arbitrator. 

The report findings of the DIB constituted a series of one time recommendations from a mediator, that in their opinion ought to be done by each of the parties to the dispute. As both parties rejected the report of the Disputes Inquiry Board the recommendations are no longer on the table and both parties resumed negotiations with their original bargaining positions. 

Yes. Employees can decide to return to work at any time. There is no law or legal requirement that prevents an employee from crossing a picket line and engaging in work with the employer during a strike.

There are many supports for unionized employees to better understand their rights through the Employee Labour Relations Program.

You will not lose your job if you cross the picket line, but a union may discourage you from working by threatening fines or imposing union discipline. Unions are prohibited by law from doing anything that would affect your employment, security and/or promotional opportunities if you choose to work.

It is expected that CUPE’s internal constitution allows them to issue fines. There is no mechanism for unions to collect fines. This position has been made clear in a variety of legal cases across Canada. Practically this means that CUPE can fine its members, but they have no way to collect that fine. If CUPE attempts to impose fines, it may be in an individual’s best interest to obtain legal counsel, as attempts to collect these fines would be unlawful.

No, the Employer will not deduct union dues from the pay of employees who decide to cross the picket line and work at any point during strike action.

The union will be responsible for covering the cost of striking employees’ benefit premiums during job action.

Neither the employee nor the employer will pay into the pension plan during the length of the job action. However, their plan continues, and they do not lose any entitlement earned up to the date of the job action beginning. However, you will not receive pensionable service for the length of the strike.

This has not yet been determined.

During legal job action, striking employees are able to participate in peaceful picketing during working hours on public property. Please note that striking employees are not able to access our schools to use washrooms or in any work related capacity. Striking employees who are also parents of students may still access facilities as required related to their children.