Bill C-27 and the Threat to Your Pension

egg-in-basketAhhhhh, retirement! You’ll have all the time in the world to do whatever you’ve been dreaming of for years. You’ve planned, you’ve saved and made sure you had your financial ducks in a row before your last day on the job. Thankful for work that offered you a rock solid pension, a deferred payment plan for your post-work years, you’ve contributed for a long time.

Well fasten your seatbelt, friend. Thanks to a new bill introduced by Trudeau’s Finance Minister Bill Morneau, your defined pension plan is not safe… even if you’ve been retired & collecting your pension for years.

Bill C-27 promotes the establishment of target benefit plans – a scheme far inferior to defined benefit plans. If passed, the legislation will permit employers to buy back your defined benefit plan in favour of less expensive (for them) annuities, so long as they have approval from the retiree. And while it seems unlikely that a retiree would agree, if the conditions were right and the pressure was strong, it could happen.

Bill C-27 looms as a real game-changer for Canada’s retirees and workers. For some, the pensions they worked for throughout their working lives are at risk of being fundamentally changed, even after the fact.

I urge you to learn more about Bill C-27. We’ll be in communication with MP Larry Bagnell to ask him to take a stand for all workers, especially those in private federally regulated industries. Many of our members in Yukon stand to be affected by this change, if it goes ahead.

Yukoners from the following Locals will be impacted by this legislative change:

  • Yukon Arts Centre      
  • Yukon College
  • Air North Flight Attendants  
  • Yukon Energy Corporation
  • Yukon Hospital Corporation    
  • Town of Watson Lake
  • City of Dawson            
  • City of Whitehorse

We believe that once the shift is made from defined benefit to target benefit plans, there will be no going back. Few employers will see any need to maintain or sign on to the far superior defined benefit plans.  The erosion of retirement security for Canada’s seniors continues, and with it the erosion of worker rights and the hopes of our young workers for a secure future.  

The Liberal Party did not campaign on allowing employers to pressure workers and retirees into “surrendering” their pension rights. In fact, it signaled to voters  that it would protect these rights. The government has no mandate for this extreme legislation.  

Already, beleaguered workers have begun to shrug their shoulders and say things like “well, we’re just lucky to have any pension at all”. WHY? Pensions are supported by the employer and the employee… part of a contracted benefit package that includes a portion of salary held for later. It’s not a gift, it’s not a luxury and it’s not something you should expect to lose. Solidarity is needed if we hope to defend pensions; we should not be afraid we’ll lose it all if we object.

Workers need to stand together against these constant erosions of your rights now, if we hope to shore up any hope of pension security for young workers at the beginning of their work lives.

If the legislation passes, the precedent will be set and other employers can be expected to quickly follow suit. Join us in calling on Member of Parliament Larry Bagnell to help stop this bill; email Larry.Bagnell@parl.gc.ca.

In solidarity,
steve-geick-signature-dec-2011

Steve Geick, President
Yukon Employees’ Union

The Letter of Expectation: What Does it Mean?

Rob-Jones-Y010-President-2016

The fact finding meeting is over; you may never hear about the issue again, or the employer notifies you that they have come to a conclusion and you’re called for a follow up meeting.

During the meeting your supervisor reads out loud and presents a letter of expectation (LOE);  welcome to the performance management stream and the right of the employer to reaffirm the roles, responsibilities and accountability of your position within public service in Yukon.

Firstly, a letter of expectation is not discipline.  While it may feel like discipline (and trust me I know this feeling, having been through this process), it is not intended to be, nor is it a disciplinary action. 

A properly formatted letter of expectation should clearly outline the issues the employer has identified that need to be rectified, the changes they would like to see, the timeline for this change and the support and resources for assisting with process.

What happens after I receive this letter?

This is a shared responsibility; you as a public servant have been advised of your employment expectations and you should seek to meet the mark. It will feel like there is extra scrutiny on you and this is natural and actually accurate, but not in the “I’m gonna get you” way. 

After an LOE is delivered the employer is watching you, not to note your failure but to ensure your success.  It is incumbent on the employer to assist you in meeting the requirements of your position and the expectations that have been outlined. 

YTG (the employer) needs to provide access to support and resources to ensure you are successful.  Bear in mind  you are a big part of this success and it is incumbent on you to meet the requirements of your job contract with YTG. As the cliché goes it takes two to tango and for the most part you are the lead in the dance.

 How long does the LOE stay in my file?

As letters of expectation are not discipline they are not part of your file.  When it comes to your “file” you only have one and this is held at the Public Service Commission (you can make an appointment to see your file with PSC if you would like to review your public service employment file).  

Your LOE will be held by your supervisor and will not be in your “file” but will be kept for reference for the timeline provided in the letter.  An LOE will be deemed complete at your next PPP (Personal Performance Plan) provided the issues have been resolved and have not continued.  Now, if the behavior in the letter continues, this can open up the disciplinary stream (which I will cover in another post).  But we all know that this won’t be an issue……..right?

 A few other details….

 Letters of expectation do not always come from fact finding meetings. Employment behaviors can be noted and dealt with outside of fact finding meetings and delivered at the discretion of the employer.

  • Union representation is not required at the presentation of an LOE as they are not disciplinary, however, it is recommended by YTG that if it will be of benefit to the employee YEU representation can be in attendance.
  • As always, if there are questions or concerns call the YEU office at 667 2331 or call me directly at 334 4331, remembering there is a timeline for issues of approximately 20 days, so call early and get the answers.

 Yours in solidarity,

Rob Jones

rob jones

President, YEU Local Y010

 

 

Bad Decisions at YG

cropped Steve in black & whiteAre Yukon Government’s Managers and Deputy Ministers intentionally making bad decisions? Maybe it’s a lack of understanding or an information vacuum that makes for face-palm results on critical cases? Either way it frustrates the hell out of me.  It’s YOU, the members we represent, who suffer from some very bad decisions at every level of the grievance process.

I attend many complex representation meetings including policy grievances, 3rd level grievances and arbitration hearings.  This isn’t standard for an elected official of YEU but  I want to observe the process. Poorly considered decisions result in grievances being referred to PSAC for arbitration, lengthening the process & leaving workers in limbo for years.

The cases that go this route include dismissals, lengthy suspensions, human rights complaints and issues of accommodation. The process can drag on, and the uncertainty impacts an individual’s physical and mental well-being & livelihood.

The cases don’t start out terribly complicated, so what happens?  To answer that, we need to look at the first step in a grievance process. This varies by employer but typically starts with an immediate supervisor.  Most of these individuals aren’t trained to solve complex human resource problems – they are intelligent and well-meaning people – but they’re set up for failure by their employer. They are not given the freedom or the tools they need to be successful.

We see good people promoted into supervisory positions because they know the work; they have the knowledge to perform the job but aren’t given labour relations training. It’s not just the supervisors who lack training either – the same is true for all levels of decision makers – Human Resource Advisors, Directors, CEOs and Deputy Ministers.

Accommodating a physical injury is straight forward – an injured worker is usually off work for a short period of time. Upon a return to work, limitations may include how much weight can be lifted or how long the worker may spend at a dedicated task.  Mental health issues, invisible disabilities or addictions also require accommodation, the requirement is entrenched in law.  This is where we encounter a minefield of miscommunication and a lack of understanding.

Supervisors need proper training to have difficult conversations with workers. Without the right skills, sensitive personal information that might inform a supervisor’s decisions can be misunderstood, inappropriately shared or lost in translation.
An attempt at resolution can quickly turn into a performance management issue & rather than achieving an accommodation, struggling workers are disciplined.

By the time someone figures out what needs to be done, all positions are firmly entrenched and the opportunity to problem solve is long past. Few directors, Deputy Ministers or CEOs are willing to rule against those below them; it reflects badly on the organization and frankly, most of the higher ups haven’t received the training needed to know better.

After a few agonizing rounds of bad decisions, a case may end up referred to arbitration, and the people with the knowledge to find a resolution get involved at last. That sounds like a good & positive thing, doesn’t it?  Sadly, very few settlements are actually awarded by an arbitrator’s decision.

Most employers offer to settle prior to the arbitration hearing, or during the proceedings. Why? If an arbitrator makes a decision in favour of the worker, it is precedent setting and becomes part of the public record. A settlement acts as a gag order – instead of public accountability, the matter disappears.

By the time a case reaches this point, the worker involved is often truly suffering either mentally or financially.  While it would be great to stand on principal and hold out for a favorable decision and a culture change, it’s rarely feasible or recommended. Enough is enough and peace of mind comes first.

YEU won’t recommend a member continue a struggle just to achieve a ruling.  Settlement offers are usually enticing enough and the grievor weary enough that they accept the settlement offer and try to rebuild their lives.  Of course, without a binding decision, the employer is free to continue the practices that initiated the grievance process in the first place.

It’s true that not every employee is a model worker.  Management has the right to manage and we respect that right when the employer operates in good faith.  The union is willing to have tough conversations when members seek representation; that’s part of our job and reflects our obligation to the membership at large.

Some supervisors tell us they feel inadequately trained in labour relations and human resources.  If the employer won’t fulfill their obligation, we’ll be glad to step up to help you get what you need.

Congratulations to employers who build strong teams through appropriate training and empowering policies. To the rest of you (and you know who you are) please put aside your pre-conceived notions, prejudices, superiority complexes and whatever else motivates you. Treat Yukoners – our members, with the dignity and respect they deserve.

The YG Fact-Finding Meeting; What to Expect

Keep-Calm-call-union-small

It’s another day at work, everything seems to be going well and it’s shaping up to be a good day.  Then it happens; you receive a request to attend a meeting the following day and your supervisor advises that you are entitled to bring a union representative to the meeting!

What has happened? Why won’t they tell me what the meeting is about? What are the specifics? Aside from being frustrated that you can’t have these questions answered, being called to a meeting relatively blind is also incredibly stressful.

You have been called to a fact finding meeting.

Fact finding meetings are a very common and normal occurrence in Yukon Government workplaces.  When a supervisor or manager receives a complaint or incident report involving a staff member, they are required to investigate – this means they need to talk to you and get your version of the incident or event. If you have been asked to such a meeting, you must attend.

The fact finding meeting is based on the premise that there has been a problematic event or incident of some kind. The employer needs to ask questions to determine what happened. You might not be directly involved; you may have witnessed the incident or have information that may help to make the situation clear.

These sessions are not meant to be punitive, but should offer space for an open and honest dialogue on the event being discussed. These conversations can feel incredibly stressful for the employee and may feel like a cross examination, but that is not the intent. Your union representative will be there with you to protect your rights.

Why do I need a union representative?  It is incumbent on the employer to advise an employee of the need for representation if there’s any chance of discipline down the road.  Discipline is not always involved, but the employer cannot deny a member representation then dole out discipline after the fact; this goes against the principles of the Collective Agreement as well as the principles of natural justice.

Why won’t they answer my questions about the event or incident before the meeting?  Well, this is twofold; while they may state “we are going to be discussing event ABC” they cannot discuss the actual event outside the meeting. Firstly the employer would like to see unchecked, honest reactions to the questions posed.  Secondly if the employer engages in this conversation it may be construed as part of the fact finding session when the employee has not yet had an opportunity to secure union representation.

These meetings are usually less than an hour long, depending on the events and issues at hand.  During these sessions the employee, the employer or the union representative can ask for a break to have discussions or sidebar chats.  These meeting should be, and for the most part are, very respectful and smooth.

What can I say? What can’t I say during these sessions?  The intent of these fact findings is to bring the facts to light.  The employee is responsible to be open, honest and accountable. Your union representative is there to protect your rights and ensure proper process is followed, but they are not defense attorneys and will not be using legal gamesmanship to avoid the issues at hand.

This is a meeting about FACTS, not about what you may think of a situation. Avoid deflecting accountability by drawing others’ poor behavior into the conversation.  The employer may ask what others thought or said, but you should avoid commenting on how you believe others may think or feel about the incident or parties involved.

Do I get to have my say in the meeting? Of course – this is not a one sided barrage or cross examination.  During the meeting you will be asked several times if there is anything else you would like to add. This is the time where pertinent items to the event can be offered if they have not been addressed in the questioning.  This however is not the time to deflect accountability, point out others’ poor behavior or inject supposition or rumor into the meeting.  Your additions should be factual, pertinent and meaningful.

It is also likely that the employer will have investigated the issue by chatting with other employees named in the event.  These sessions are confidential and private, and employees are advised not to speak about these meetings outside of the HR/union/supervisory pathways.

How do I get Union representation?  Call 867-667-2331 as soon as you’ve been notified of the meeting, and ask for the intake officer.  They will ask you for the meeting time & location and ask whether have any idea what the meeting may involve.

Once this information is collected, YEU will make a call to the Shop Steward group to see who is available to attend your meeting.  Once the Shop Steward has confirmed their availability, the Steward will contact you to discuss the process and answer your questions prior to the meeting. Some Stewards will contact you well ahead of time while others, depending on time of notification, may make arrangements to speak with you just prior to the meeting.

What can I expect once the meeting is over? Timelines are usually established at the end of the meeting.  Your supervisor or the HR Representative will notify you of the timeline and might advise you that another meeting will be requested if more questions arise during their follow up.  Generally, the post-meeting fact finding time is one to two weeks.

What will happen to me? This depends on the incident and your role in what transpired.  One possible pathway is the performance management stream, another is discipline.  I will cover these topics in an upcoming performance management and discipline article on the blog; keep an eye out and have a read.

Remember, fact finding meetings are a normal part of any workplace and your YEU representatives are there to support you through these meetings.Rob-Jones-Y010-President-2016

In Solidarity,

Rob Jones

President – Local Y010

 

RYTS Caregivers and Youth-in-Care at Risk

Risk at RYTS bannerUnderstaffing puts Vulnerable Residents & Workers at Risk

Kids-in-care have faced more trauma than most of us will experience in a lifetime, most with first-hand exposure to violence & addictions.  Many have been subjected to instability, uncertainty and the absence of caring, consistent authority figures. Ensuring an environment that provides stability, nurturing and structure is no easy task.

The Government of Yukon operates 7 homes for youth-in-care in Whitehorse housing children from younger than 10 to 17 years old. These Residential Youth Treatment Services facilities (RYTS) are staffed around the clock by a group of dedicated workers, employees of the Department of Health & Social Services.  

*”Some children in residential care have complex problems. They have physical and mental health needs and can have multiple diagnoses.

Often these children have histories characterized by instability, abuse, neglect, and rejection. In some cases these children can act out violently and there is increased risk for addiction and risk taking behaviour.

Typically, children in residential care are angry, they are depressed, and they act out. For some youth, their placement into residential facilities is their last chance at social services before a move into the juvenile justice system. For younger children, a successful placement in a group home setting could prevent them from transfer to a more institutional setting.”

RYTS staff try to meet the physical, recreational and emotional needs of the children while making sure they attend school, medical and other appointments. The role these caregivers play is equal parts parent, tutor, counselor and guide. The staff provide the consistent presence of caring adults who do their best to maintain a calm home life despite the semi-institutional setting.

The Yukon Government is failing children in care and their caregivers through chronic understaffing and inadequate safeguards.

In homes occupied by traumatized children and youth, workers struggle to maintain a safe environment when they are forced to work alone. There are many clear and obvious dangers, including the threat of residents harming each other or violence directed against the adult caregiver. RCMP or social services also provide requirements for some of the youth; frequently, staff are legally obligated to maintain “line-of-sight” contact with more than one resident simultaneously, even when on duty alone. If a resident returns to a home intoxicated or aggressive, there is no back-up if a violent incident erupts.

RYTS workers have come to the union because they are concerned, even afraid. They report a dramatic increase in the number of shifts where only one worker is scheduled. RYTS staffers are expected to work alone overnight with residents who require specialized attention or care. While two staffers may be scheduled, if someone is ill or called away to another understaffed home, there is no effort made to bring in replacement personnel to fill the shift.  This creates a high risk environment for the worker, for the young people and exposes all parties to a heightened level  of liability.

Caregivers know the importance of maintaining a healthy and safe environment for these kids. A heavy burden of stress is carried home when that objective is compromised.                                                                                                                                                 

Frequent assaults on workers inspired the YWCHSB to conduct a safety audit in 2013. The recommendations of that audit, though not shared with the affected workers, have resulted in no significant changes in the unusually high risk workplaces.   

Chronic understaffing is one result of management’s  decision to reduce staffing costs, including costly overtime. These cost saving measures have also resulted in a series of incidents which put both workers & youth in danger.

In residences housing children who are likely to self-harm or cause harm to others, the safety net provided by a shift-partner is critical. When an at-risk occupant is escalating and violence is likely, who maintains the safety of the other residents? Who calls for help if a caregiver is working to maintain calm or has been injured?  

The Government of Yukon has a duty to provide a safe work environment for its workers while they do everything possible to provide a safe environment for the children they work with.

When a home is understaffed, programming that is scheduled and anticipated can’t take place. While the kids may have been promised a soccer game in the back yard after completing their homework, the lack of a shift partner can result in disappointment instead of reward.
 
The Department of Health & Social Services has been saving on wages at the expense of the youth in their care. Rather than hire more employees to ensure appropriate coverage, they have chosen to slash the number of Auxiliary On-Call hours by over 2000 in the past quarter. 2000 hours is equal to over 166 12-hour shifts UNSTAFFED; 166 shifts that were regularly staffed just a few months ago.

166 unstaffed shifts means recreational programs are not reliably maintained.
166 unstaffed shifts  means outings are cancelled.
166 unstaffed shifts  means increased tensions
& stress in the RYTS homes.
166 unstaffed shifts means higher risk of violent assault by traumatized house-mates.
166 unstaffed shifts suggest Whitehorse’s Residential Youth Treatment Services homes are being managed to serve the bottom line, and not to meet the needs of Yukon’s most vulnerable children.

We ask the Government of Yukon to show leadership and staff these homes appropriately, right now.

These children have faced enough uncertainty, instability and danger already. Let’s help them to rebuild, to develop their innate resilience and find hope.

“My concern is that they do not seem to have any regard for the children – we are a protection service for youth who come from horrendous, traumatic pasts and yet we don’t make decisions based on what is best for them but on what is best financially.

*Security Review, Residential Youth Treatment Services (RYTS) Prepared by Paladin Security, 2013 for YWCHSB

Read YEU’s Press Release HERE

Information Backgrounder HERE

Yukon’s Community Nurses Need Resourses STAT!

Community Ncarmacks-health-centre-signursing Stations serve the medical needs of residents and visitors in some of the most isolated corners of the Yukon.  In the absence of multiple healthcare facilities, these clinics offer a dizzying array of services from first response to referral. When doctors visit from Whitehorse, the health centres get even busier. Community Nurses provide prenatal care, counselling, nutrition support, maternal health programming, diabetes education and more.

Year after year more programs are added to the responsibilities of Community nurses with no increase in staffing to reflect the added workload. Consequently, nurses are frustrated and burning out; there simply aren’t enough hours in the day. They are relied upon heavily by local RCMP detachments and work hand in hand with social services and First Nations. In communities with volunteer EMS teams, the nurses must frequently step in to fill the gap when volunteers are unavailable and resources are few.

Nurses are at daily risk of workplace violence. In small communities they face dramatically increased incidences of physical & verbal abuse on the job. Respite is critical to ensure these workers stay healthy. Time away from the intense stress levels of a sometimes 24/7 job can make the difference between doing the job well and suffering a tremendous physical and emotional toll.

In June of this year PSAC’s Regional REVP and National Vice President travelled to several Yukon Community Health Centres with me. Their conversations with nurses in those centPelly Crossing Health Centre signres were sobering.

Despite improvements to Collective Agreement language in recent contracts, the employer continues to deny earned vacation leave to exhausted nurses, citing “operational requirements” and lack of staffing.  Staffing levels are a genuine concern. When a nurse works an on-call shift rotation lasting up to 10 days, the resultant lack of sleep and downtime can be nearly debilitating and there’s often no relief in sight.

Nurses tell us that vacant positions remain un-filled; medical centres that are intended to be staffed by 2 nurses at all times frequently rely on a single nurse with no back-up. A 7 day work week is the rule and not the exception and a knock on the nurse’s door at home in the middle of the night is all too common. No matter how far in advance leave is requested it is often denied simply because there is no-one available to cover. Nurses often seek coverage themselves, in fact, before applying for vacation.

These nurses fill a vital Meadow-with-mug CMYKrole in the communities they serve. Their level of personal sacrifice is testament to their degree of commitment and professionalism, but there must be relief in sight.  As YEU and YG enter bargaining this year there is hope that some of the chronic issues plaguing Community Nursing will be resolved.

Unfortunately there is only so much we can accomplish at the bargaining table. The issues Community Nurses face will only be resolved if the Yukon Government steps up, takes notice and shows the political will to do so. Nurses simply cannot continue to provide the level of care they so desperately want to, that all Yukoners expect and deserve, with ever dwindling numbers and little hope of meaningful change. YEU’s voice and the voice of the nurses will only go so far. If you live in a community or have ever had to rely on this amazing group of professionals I urge you to write to your MLA, the Premier, the Minister of Health and any other entity that will listen. It’s your health, your family’s health and that of the nurses at stake.  Ultimately it’s up to the politicians to ensure adequate healthcare resources are available to everyone…especially those providing the care.

In the meantime, we salute all nurses for the important and difficult work they do.

Steve Geick, YEU President
& Proud Community Nurse

Steve new camera

Feeling silenced? As a public servant, how outspoken can you be during this campaign?

silenced

This Federal Election is unlike any we’ve seen before. It’s the longest campaign ever but it’s also taking place during something of a communications revolution. Sure we had Facebook  during the 2011 Federal Election but we hadn’t yet hit the user density of today and we hadn’t yet heard of things like Snapchat & Vine. Few Yukoners were tweeting in 2011 and we still naively believed that our privacy settings guaranteed us some degree of…well, privacy!

A lot has changed. Most of us are skeptical about how private our posts are, and we should be. What we say online in our off-work hours can have a profound negative impact on our careers. The recent suspension & subsequent retirement of scientist & public servant Tony Turner after his protest song Harperman went viral is a case in point. To be fair, it’s not only public servants who are felled by their online activities; in this election we’ve witnessed a never ending parade of disgraced candidates whose tweets and status updates have made short work of their political aspirations.

Bruno Thériault, director general of Justice Canada’s workplace branch recently sent a memo to the employees in his department. The memo, heavy handed and intimidating, sends the message that public servants should avoid using social media altogether during this election.

“Recent memos being sent to federal public service workers seem designed to discourage our members from exercising their legitimate rights”, says Robyn Benson, president of the Public Service Alliance of Canada PSAC). Read Ms. Benson’s blog post “We shall not be zipped” here.

Union members and all employees have a right to freedom of expression protected by the Charter of Rights and Freedoms, even if they work for the federal government.  Expressing political opinions or sharing political content on social media is a form of political expression and is protected by the Charter. Online political expression does not benefit from any greater or any less protection than other forms of political expression. You have the right to share political content on Facebook, Twitter or other social media accounts as long as you do so outside your hours of work and you don’t use the employer’s equipment.

These rights are not absolute, so please consider the following carefully before you post, share, or tweet.

1. Don’t identify yourself as a government employee or include information or comments that suggest you are a government employee. Make sure your social media profiles don’t list your place of work or employer.

2. Consider your level of visibility and influence. Are you a supervisor? A public face of your organization?

3. Are you a union representative? Union representatives have greater freedom to engage in political activities however union representatives cannot make any comments about their employer that are reckless, malicious or dishonest.

So what’s the bottom line? Speak your mind, have an opinion, engage in the democratic process and be involved. While you’re at it, be wise, prudent and circumspect. And above all else, VOTE. Self censorship is only necessary in an atmosphere of mistrust and fear. Elect a government you do not fear.