CUPE Reaches Tentative Provincial Agreement

I am very pleased to announce that we have have reached a tentative provincial agreement.  It is copy and pasted below with my comments in bold underneath each item. for a better version of the document click here

Provincial Framework Agreement (“Framework”)

between 

BC Public School Employers’ Association (“BCPSEA”)

and

The K-12 Presidents’ Council and Support Staff Unions (“the Unions”) 

BCPSEA and the Unions (“the Parties”) agree to recommend the following framework for inclusion in
the collective agreements between local Support Staff Unions who are members of the K-12
Presidents’ Council and Boards of Education.

The rights and obligations of the local parties under this framework are of no force or effect unless
their collective agreement has been ratified by both parties no later than November 30, 2014.

1. Term

July 1, 2014 to June 30, 2019.

2. Wage Increases

Wages will increase by 5.5%. Increases will be effective on the following dates:

 July 1, 2015 1.0%
 May 1, 2016 Economic Stability Dividend
 July 1, 2016 0.5%
 May 1, 2017 1.0% plus Economic Stability Dividend
 July 1, 2017 0.5%
 May 1, 2018 1.0% plus Economic Stability Dividend
 July 1, 2018 0.5%
 May 1, 2019 1.0% plus Economic Stability Dividend

The terms of the Economic Stability Dividend are described in Appendix A.

This is the pattern set by the Union that bargained prior to us there is no way to break the pattern, however read on there is other money you will be pleased with.

As for the Economic Stability Dividend it could turn out to be more of an increase but then again I am still waiting for my Olympic dividend cheque.

3. Employee Support Grant

BCPSEA, the Unions and the Government agree to the principle that support staff union members
who have lost wages as a result of not crossing lawful picket lines during full days of the BCTF
strike/BCPSEA lockout shall be compensated in accordance with the agreement in Appendix B.

Yes, you did read that right. This does not allow for compensation if you are at no loss of pay ( holiday pay, lieu time, sick time ) you do not get access to this grant. Once local bargaining is complete and IF we ratify the agreement the grant will be dispensed to members that lost pay as a result of BCTF job action.  NOT AS BCTF JOB ACTION  GOES ON  ONLY AFTER WE RATIFY OUR NEXT CONTRACT

We will of course still walk the line with the teachers to support their efforts.

4. Benefits Standardization

The Parties agree to pursue a voluntary standardized extended health plan to be implemented
during the term of the collective agreement in accordance with the terms laid out in Appendix C.

Our benefits are superior to what may end up being the standard plan but we can opt out.  I have be appointed to a sub-committee to work out the details of the standard plan,  That work will help me with our local bargaining.

5. The Support Staff Education and Adjustment Committee (SSEAC)

The Parties agree to renew their commitment to the Support Staff Education and Adjustment
Committee (SSEAC). The Parties remain committed to the exploration of the following:
a) a focus on best practices to integrate skill development for support staff employees with
district goals and student needs
b) a study of the potential for regionalization of wages
c) an exploration of the potential for a standardized extended health and dental benefit plan
d) recommendations to address issues associated with hours of work and service delivery
e) a review of practices in districts having modified school calendars and the resulting impact on support staff
f) skills enhancement for support staff
There will be a total of $100,000 of annual funding allocated for the purposes set out above
commencing July 1, 2015. The parties agree that work plans to address the above and any resulting recommendations will require mutual agreement.
6. Education Assistants Committee

a) The Parties agree to continue the Education Assistants Committee charged with the
responsibility of investigating and making recommendations regarding possibilities for the
creation of whole Education Assistant jobs, and for the deployment of Education Assistant
staff in accordance with recognized best practices.

b) The Parties agree the Committee will engage with the Ministry of Education around the
development and implementation of a system of recognized credentials and qualifications to regulate the employment of Education Assistants.

c) The Parties agree the Committee shall consist of not more than 8 representatives appointed by Support Staff unions and not more than 8 representatives appointed by BCPSEA.

d) The Parties agree the Committee will be resourced with a budget fixed by SSEAC and drawn from SSEAC funds to accomplish its work.

e) The Parties agree the work of the Committee will recommence within one year of the
ratification of the framework agreement.

f) The Parties agree that the Committee will complete its work and report its findings to the Parties.

This work has already started and this continues the work until completed.

7. Learning Improvement Fund – Support Staff
The funds stipulated in Item 1 of the LOA – Learning Improvement Fund: Support Staff Priorities
(Appendix D) are the greater of $10 million or 20% of the LIF commencing on July 1, 2015. These
funds will be allocated to School Districts in accordance with the following principles as per
established SSEAC procedures:
a) Additional hours will be allocated to EA positions of more than 10 and less than 35 hours
where required to provide support for the learning needs of students in alignment with
district objectives and the Learning Improvement Fund Statute and Regulation. This does not preclude the creation of new full time or part time EA positions.

b) In order to facilitate the creation of full time jobs, the Parties encourage the bundling of
duties.

c) In order to promote continuity of student coverage consideration will be given to creating positions of equivalent length. For clarity, shifts scheduled for a duration not ending in a whole hour or half hour, will be increased to the next half hour.

d) Consideration may be given to the establishment of itinerant positions to enhance services to students with special needs and provide for the opportunity to effectively deploy EA’s in circumstances of changing enrollment throughout the school year.

e) Support staff local unions and Boards of Education will formulate a plan for the above funds. Plans for full time jobs for EA’s are to be accompanied by job descriptions as per existing SSEAC procedures in accordance with the Collective Agreements.

f) SSEAC will receive the jointly agreed plans from school districts and locals.

g) If disputes arise regarding the implementation of this agreement the matter will be referred to the SSEAC.

h) Should SSEAC fail to resolve the issue to the satisfaction of the referring parties the matter may be sent by either party to mediation using a mutually agreed upon mediator.

i) If permitted by legislation and regulation, a one-time allocation of $2.5 million from these
funds, on or after July 1, 2015, will be provided to the SSEAC Skills Enhancement Fund to be distributed to school districts for job related EA training according to established procedures.
The Parties agree to write a joint letter to the Ministry requesting that any enabling changes to legislation and regulation be made to allow this to occur.

Our SLIFF time will improve dramatically with this. It also allows for bundling of duties to create whole full time jobs. We now are gauntleted 20% of the LIF money.  At the current LIF rate of 75 million as of July 1,2014 we would move from 7.5 million per year to 15 million per year. It also guarantees that should the LIF go down we get a minimum of 10 million to fund this area. c) above should be very helpful to our members as well.

All numbers above are province wide not to our local.

8. PEBT

a) Date adjustment for the annual funding of the PEBT LTD plan:

Change the date of the annual funding payment of $19,428,240 provided by the Ministry of Education from January 1 to April 1 of each year, commencing April 1, 2015. Thereafter the Ministry of Education will provide the PEBT with $19,428,240 each April 1.

The annual contribution period will continue to be based on the calendar year.

Recognizing the impact on interest earnings as a result of the three (3) month delay in 2015, the PEBT will be provided with a one-time interest payment by the Ministry of Education of $300,000 on January 2, 2015.

b) Employee Family Assistance Program (EFAP) services and the PEBT

The Parties request that the PEBT Board undertake a review to assess the viability of
administering all support staff EFAP plans.

This is great as it puts the actual funding of the PEBT in writing. No new funds but they are now looking at providing benefits to LTD recipients with current funds.  The date change just moves the fund transfer to be within the fiscal year of government.

9. Shared Services

The Parties will write a joint letter to the Ministry seeking agreement to include representatives from the support staff unions in a consultation process involving shared services undertakings that may have an impact on support staff positions.

This has been on our radar for sometime but this gives us the ability to consult should they start to explore more shared services.

10. Demographic, Classification and Wage Information

BCPSEA agrees to coordinate the accumulation and distribution of demographic, classification and wage data, as specified in the Letter of Understanding dated December 14, 2011, to CUPE on behalf of Boards of Education. The data currently housed in the Employment Data and Analysis Systems (EDAS) will be the source of the requested information.

Same as in the last two agreements and gives a valuable tool to our researchers to assist us with bargaining.

11. Standardized Job Evaluation Study

The Parties will establish a provincial joint job evaluation steering committee (the JE committee) within thirty (30) days following the signing of this framework agreement. The committee is responsible to create a provincial job evaluation plan which may include a regional or local approach. The JE tool will be based upon the CUPE gender neutral job evaluation plan. The Parties agree the plan can be modified to fit the needs of the K-12 sector.

The committee will report out to the Parties at key milestones during the development of the plan.
Should any concerns arise during the development they will be discussed and resolved by the Parties at that time.

Upon successful completion of the plan the Parties will identify one local in each of the seven established CUPE regions to pilot the plan prior to full implementation.

 See below 12

12. Job Evaluation Fund

To fund the development work of the JE committee during 2014 the Parties agree to a one-time
allocation of $50,000 from SSEAC.

To facilitate the implementation of the provincial job evaluation plan a fund will be established within SSEAC with an initial one-time allocation of $250,000 on July 1, 2015 and annually each year thereafter during the term of the framework agreement, for a total of $1,000,000 in one-time funding.

In addition to the one-time allocations, ongoing annual funds of $900,000 will be added to the job evaluation fund for implementation purposes at January 2, 2019. Any residual ongoing funds that are available after the implementation of the standardized benefit plan will be added to the job evaluation fund.

Yes, Wage parity not instantly but if ratified this means over the life of this collective agreement we will make great strides towards it. It will take between 2 and 3 years to develop a provincial JE plan itself then there is some funding to implement  the changes to our wages. One local in each region will be the first to see these wage adjustment. In the South Island region that would be us in Saanich.

A provincial JE plan means all jobs between district will be rated to the same criteria and in time achieve the exact same pay. The plan itself will take 2-3 years put together and implement.  I estimate that in the 3rd year we will see incremental improvements begin. It also means that it could take more than the 5 years contract to complete. Certainly not instantaneous but we just moved from absolute stand still to 3/4 of the way to our goal with the stroke of a pen.

13. Provincial Bargaining

The parties agree to amend and renew the December 14, 2011 Letter of Understanding for dedicated funding of $200,000 to the K-12 Presidents’ Council to facilitate the next round of provincial bargaining. This funding will be allocated as of July 1, 2016.

14. Unpaid Work

In accordance with the Employment Standards Act, no employee shall be required or permitted to perform unpaid hours of work.

15. Workload Concerns

The Parties agree that employees should be provided with a reasonable workload. Employees with workload concerns are encouraged to bring these concerns to their supervisor or union in order that the concerns can be addressed.

14 and 15 are very important steps toward recognition for unpaid work in all categories. 14 gives us the ability to grieve to ongoing problem.

16. Modified Calendar

The parties recognize calendar changes are an area of concern for local support staff unions. For future calendar amendments during the term of the collective agreement the Parties agree to review and compile best practices on existing modified calendars.

The Parties recommend that where boards of education are considering making calendar changes that may have an impact on the income of support staff employees, the support staff union will have the opportunity to provide input prior to the decision being made.

This is a blanket statement

I hope you are please with the work I did as part of the Provincial Bargaining committee

A

LETTER OF AGREEMENT

BETWEEN:
BRITISH COLUMBIA PUBLIC SCHOOL EMPLOYERS’ ASSOCIATION
AND
K-12 PRESIDENTS COUNCIL

Re ECONOMIC STABILITY DIVIDEND

Definitions

1. In this Letter of Agreement:

“Collective agreement year” means each twelve (12) month period commencing on the first day of the renewed collective agreement. For example, the collective agreement year for a collective agreement that commences on April 1, 2014 is April 1, 2014 to March 31, 2015 and each period from April 1 to March 31 for the term of the collective agreement.

“Economic Forecast Council” means the Economic Forecast Council appointed under s. 4 of the Budget Transparency and Accountability Act, [S.B.C. 2000] c. 23;

“Forecast GDP” means the average forecast for British Columbia’s real GDP growth made by the Economic Forecast Council and as reported in the annual February budget of the government;

“Fiscal year” means the fiscal year of the government as defined in the Financial Administration Act [1996 S.B.C.] c. 138 as ‘the period from April 1 in one year to March 31 in the next year’;

“Calendar year” Is a twelve (12) month period starting January 1stand ending December 31st of the same year based upon the Gregorian calendar.

“GDP” or “Gross Domestic Product” for the purposes of this LOA means the expenditure side value of all goods and services produced in British Columbia for a given year as stated in the BC Economic Accounts;

“GWI” or “General Wage Increase” means a general wage increase resulting from the formula set out in this LOA and applied as a percentage increase to all wage rates in the collective agreement on the first pay day after the commencement of the eleventh (11th) month in a collective agreement year;

“Real GDP” means the GDP for the previous fiscal year expressed in constant dollars and adjusted for
inflation produced by Statistics Canada’s Provincial and Territorial Gross Domestic Product by Income and by Expenditure Accounts (also known as the provincial and territorial economic accounts) and published as “Real Gross Domestic Product at Market Prices” currently in November of each year.

The Economic Stability Dividend
9

2. The Economic Stability Dividend shares the benefits of economic growth between employees
in the public sector and the Province contingent on growth in BC’s real GDP.
3. Employees will receive a general wage increase (GWI) equal to one-half (1/2) of any
percentage gain in real GDP above the forecast of the Economic Forecast Council for the relevant calendar year.
4. For greater clarity and as an example only, if real GDP were one percent (1%) above forecast real GDP then employees would be entitled to a GWI of one-half of one percent (0.5%).

Annual Calculation and publication of the Economic Stability Dividend

5. The Economic Stability Dividend will be calculated on an annual basis by the Minister of Finance for each collective agreement year commencing in 2015/16 to 2018/2019 and published through the PSEC Secretariat.

6. The timing in each calendar year will be as follows:

(i) February Budget – Forecast GDP for the upcoming calendar year;
(ii) November of the following calendar year – Real GDP published for the previous
calendar year;
(iii) November – Calculation by the Minister of Finance of fifty percent (50%) of the
difference between the Forecast GDP and the Real GDP for the previous calendar
year;
(iv) Advice from the PSEC Secretariat to employers’ associations, employers and unions of the percentage allowable General Wage Increase, if any, for each bargaining unit or
group with authorization to employers to implement the Economic Growth Dividend.

7. For greater clarity and as an example only:

For collective agreement year 3 (2016/17):

(i) February 2015 – Forecast GDP for calendar 2015;
(ii) November 2016 – Real GDP published for calendar 2015;
(iii) November 2016 – Calculation of the fifty percent (50%) of the difference between the
2015 Forecast GDP and the 2015 Real GDP by the Minister of Finance through the
PSEC Secretariat;
(iv) Direction from the PSEC Secretariat to employers’ associations, employers and unions of the percentage allowable General Wage Increase, if any, for each bargaining unit or group with authorization to employers to implement the Economic Growth Dividend
(v) Payment will be made concurrent with the General Wage Increases on the first pay
period after respectively May, 1, 2016, May 1, 2017, May 1, 2018 and May 1, 2019.

Availability of the Economic Stability Dividend

8. The Economic Stability Dividend will be provided for each of the following collective
agreement years: 2015/16 (based on 2014 GDP); 2016/17 (based on 2015 GDP); 2017/18 (based on
2016 GDP); and, 2018/19 (based on 2017 GDP).

Allowable Method of Payment of the Economic Stability Dividend

9. Employers must apply the Economic Stability Dividend as a percentage increase only on collective agreements wage rates and for no other purpose or form.

11
APPENDIX B

Letter of Agreement (“Letter”)

Between:

BC Public School Employers Association (“BCPSEA”)

And:

The K – 12 Presidents’ Council and Support Staff Unions (“the Unions”)

And:

Her Majesty the Queen in Right of the Province of BC as
Represented by the Ministry of Education (“the Government”)

Re: Employee Support Grant for May/June 2014

1. BCPSEA, the Unions and the Government agree that employees covered by collective
agreements between Boards of Education and the Unions may recover wages lost as a result of legal
strike activity by the BC Teachers’ Federation (“BCTF”) or lockout by BCPSEA during May and June
2014 as set out in this letter.

2. Subject to the terms of this Letter:

(a) Within thirty (30) days of ratification of a new collective agreement by a board of education,
the local union and BCPSEA, the board will reimburse each employee covered by that
collective agreement between the board and the local union for all scheduled hours that the employee would have worked and for which the employee has not otherwise been paid in May and/or June 2014, but for the labour dispute between BCPSEA and the BCTF.

(b) If the employee disputes a payment received from the board, the union may submit the dispute on the employee’s behalf to a committee comprised of an equal number of
representatives appointed by BCPSEA and the Unions.

(c) If the joint committee is unable to resolve the employee’s claim it will submit the dispute to (NAMED ARBITRATOR) who must resolve the dispute within ten (10) days of hearing the differences between the board and the union.

3. This Letter expires on November 30, 2014 and is of no further force and effect except where a board and union have a collective agreement which has been ratified by both parties no later than November 30, 2014.

12

Original signed on ___________________________, 2014 by:

_______________________________ _______________________________
BCPSEA K-12 Presidents’ Council

_______________________________
Ministry of Education on behalf of Her
Majesty in Right of the Province of BC

13

Letter of Agreement (“Letter”)

Between:

BC Public School Employers Association (“BCPSEA”)

And:

The CUPE K – 12 Presidents’ Council and Support Staff Unions (“the Unions”)

And:

Her Majesty the Queen in Right of the Province of BC as
Represented by the Ministry of Education (the “Government”)

Re: Employee Support Grant for after June 30, 2014

1. This Letter establishes a process under which employees covered by collective agreements
between Boards of Education and the Unions may be entitled to recover wages lost as a result of legal strike activity by the BC Teachers’ Federation (“BCTF”) or lockout by BCPSEA after June 30, 2014.

2. To that end, the parties to this Letter agree that each member of the union employed as of the date of ratification of a collective agreement between a board and local unions or who retired prior to September 30, 2014 may receive payment pursuant to the terms of this Letter.

3. Within thirty (30) days of the conclusion of the current dispute between BCPSEA and the
BCTF, boards will reimburse each employee covered by a collective agreement between the board and a local union for all scheduled hours that the employee would have worked and for which the employee has not otherwise been paid after June 30, 2014 but for the labour dispute between BCPSEA and the BCTF.

4. If the employee disputes a payment received from the board, the union may submit the
dispute on the employee’s behalf to a committee comprised of an equal number of representatives appointed by BCPSEA and the Unions.

5. If the joint committee is unable to resolve the employee’s claim it will submit the dispute to (NAMED ARBITRATOR) who must resolve the dispute within ten (10) days of hearing the differences between the board and the union.

6. This Letter expires on November 30, 2014 and is of no further force and effect except where a board and a union have a collective agreement which has been ratified by both parties no later than November 30, 2014.

14
Original signed on ___________________________, 2014 by:

_______________________________ ________________________________
BCPSEA K-12 Presidents’ Council

_______________________________________
Ministry of Education on behalf of Her
Majesty in Right of the Province of BC

15
APPENDIX C

Provincial Support Staff Extended Health Benefit Plan

TERMS OF REFERENCE
BETWEEN:
BRITISH COLUMBIA PUBLIC SCHOOL EMPLOYERS’ ASSOCIATION
AND
K-12 PRESIDENTS COUNCIL
Re: Exploration of a Greater Standardization of Benefits Plans

The parties agree to move to an optional standardized provincial extended health benefits plan
(standardized plan) which would include the majority of support staff members. To further such
change the parties agree to form a working committee with the goal of achieving agreement on a
standardized extended health benefits plan.

Terms of Reference:

1. The committee will consist of no more than 4 members of the K-12 Presidents’ Council and
no more than 4 members of the BCPSEA bargaining teams. Each party will identify its
representatives by June 10th, 2014.

2. The parties agree the committee will utilize the services of Morneau Shepell to assist in the process. Each party shall retain the right to invite a member of its organization to participate in the discussions where that person would bring in valuable expertise.

3. Local unions who decide to join the standardized plan must elect to do so by July 1, 2016 or a later date as mutually agreed by the Parties.

4. Where the local union in a district determines their existing plan has superior benefits and that local union elects not to participate in the standardized plan, the local union shall retain their existing plan.
5. Local unions may choose not to join the standard benefits plan without opting out of the
provincial framework agreement.

6. Any measurable savings realized by movement towards a standardized plan will be retained by the PEBT unless a local collective agreement provides otherwise.

7. BCPSEA will provide ongoing annualized funding to the Boards of Education in the amount of $3,000,000 effective September 1, 2017 to facilitate the completion of a standardized plan.

8. Any residual unused funds from the implementation of this standardized plan will be
allocated to the job evaluation fund.

16
9. The parties commit to engaging in intensive discussions with the goal of developing a
responsible standardized extended health benefit plan by June 13th, 2014 or a mutually
agreed upon day.

17

APPENDIX D
LETTER OF AGREEMENT

BETWEEN:
BCPSEA
AND
K-12 SUPPORT STAFF UNIONS
AND
HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BC AS REPRESENTED BY THE MINISTRY
OF EDUCATION

RE: LEARNING IMPROVEMENT FUND: Support Staff Priorities

WHEREAS:
The Ministry has established and maintains additional funding for the purpose of addressing high priority challenges to student learning arising from the organization of classes within schools in the province; and The K-12 support staff unions have since 2006 raised concerns in bargaining regarding the issues of unpaid Education Assistant (EA) work, lack of stable EA hours, bell to bell EA scheduling and lack of
livable earnings for EAs, and The Support Staff Education & Adjustment Committee (SSEAC) is a joint committee of K-12 Support Staff Unions and the BC Public School Employers’ Association.
THEREFORE:
The parties hereby agree as follows:
1. Funding for addressing the above matters as it relates to employees covered by this collective agreement between BCPSEA and the K-12 Support Staff Unions will be in the greater amount of $10 million or 20% of any annual amounts established by government in the Learning Improvement Fund.

18
2. The allocation of the LIF to school districts is established annually by the Ministry of
Education and will provide this information to school districts including the portion of the LIF to be allocated to education assistants.

3. In the event of a dispute arising from the interpretation, application or alleged violation of this agreement there will be a meeting of the parties, and failing agreement, the parties will submit the concern to a mutually agreed arbitrator.

4. This letter replaces the letter between the parties signed December 14th, 2011 titled “CLASS ORGANIZATION FUND: Support Staff Priorities”

Original signed on June _____, 2014 by:

BCPSEA Sup

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