DATE April 3, 2009
For Information TO National Board of Directors and Branch Contacts RE FB Collective Agreement - VSSA
Sisters and Brothers,
In order to clarify any misunderstandings which may exist or arise regarding the new seniority provisions relating to VSSA’s which were recently negotiated and incorporated in the FB Collective Agreement, the Union's FB Negotiator, Brother Morgan Gay, has prepared the attached document to assist us.
We wish to sincerely thank Brother Gay for having brought these important clarifications forward. If you have any questions, please do not hesitate to contact the CIU National Office.
Attachment Under the FB Collective Agreement, in the context of Variable Shift Schedule Agreements (VSSA's), seniority applies in two (2) scenarios with respect to line selection:
1. New VSSA's
In the event that a new VSSA is negotiated, seniority is applied for the initial populating of the new schedule. More specifically, under this scenario, management must: • determine the qualifications for each line, • once the qualifications are determined for each line, canvass all qualifying employees affected by the schedule to determine line preference, • in the event that more than one qualified employee bids on the same line, seniority shall be the determining factor for allocating the line, • example of what makes up a valid ‘qualification’: if there’s a bilingual line on the schedule, the line would be assigned to the most senior bilingual employee that bids on this line.
2. Current VSSA’s
For those VSSA’s which were already in place when the parties signed off on the new contract, seniority is applied for any lines that become vacant. This takes affect when such VSSA’s are “re-implemented”, meaning when they’ve rolled-over or cycled through. For example, it is our understanding that one of the VSSA’s in Southern BC cycles through every 14 weeks, in Windsor their VSSA rolls over every six (6) months, at Toronto’s Pearson Airport this takes place every three (3) months; bottom line is, it depends on the VSSA. In any event, 25.26 (b) of the FB Collective Agreement states that the maximum life of a shift schedule, where VSSA’s are in effect, can be no more than six (6) months. This means that, effectively, seniority should be applied for vacant lines for existing VSSA’s everywhere in the country within, at most, the six (6) months of our having signed off on the new collective agreement. To be clear, line selection does not mean that people ‘bump’ less senior employees from their current line. It simply means that when lines become vacant (i.e. someone leaves, a new line is created, or in the case of Windsor, every six months as the VSSA in Windsor already calls for bidding and repopulating of every line in the schedule every six (6) months, these line selections are awarded to the most senior qualified employee that bids on a line. In summary, seniority under the new FB Collective Agreement is applied for the selection of vacant lines for all current VSSA’s once they’ve cycled through. For newly negotiated VSSA’s, seniority applies both during the initial populating of the schedule (as all of the lines at that point are vacant), as well as for line allocation as these become vacant once the initial populating of the schedule has taken place.
Morgan Gay PSAC Negotiator