June 5, 2008

To All Guild Members;

There have been quite a few questions that have come to the Local executive’s attention as well as a number of rumors. We hope to answer some of those questions and dispel the rumors.

Is there going to be a lock-out?

We don’t know. That is up to the employer. If the employer decides to lock-out RSS then no one in the department will be allowed to go to work. The other bargaining units have language in their contracts that allows each person the right not to cross a picket line. As union members and co-workers we expect that no one will cross a picket line. The language in your agreements state that once you have made the decision not to cross a picket line you cannot go back to work until the dispute is resolved. Everyone who refuses to cross the line will receive strike/lock out pay.

This dispute is not just about 45 jobs in RSS. This fight will affect all of you. It just so happens that the fight starts in RSS. There comes a time where you need to draw a line in the sand and the Local believes now is that time. There exists a mindset by some that the employer won’t touch us or the other units never supported us so why should we support them or the Local caters to Editorial. Those days are gone. You can be part of the future or live in the past. We hope members will chose to be part of the future. We either stick together or fall apart piece by piece.

Can the employer use replacements for the duration of the dispute?

For those that refuse to cross the picket line the answer is yes. For those that are locked out the answer is no. Replacement workers can be used for those in support of the picket line. However, once the dispute is settled and the picket lines are taken down you will return to the job you had before the dispute. You cannot lose your job because you support a picket line.

The Gazette will suffer in the event of a lock out. As has been the case in all other disputed at newspapers in Canada, we expect advertisers will not want to advertise in a paper employing “scabs” and many subscribers will cancel until the dispute is concluded. The company wants to avoid a dispute as much as we do according to JP.

How much is strike or lock out pay?

Strike and Lock out pay are the same. It starts with $200 per week then rises to $300 per week after four weeks and for the duration. The Local has the option of topping up this weekly pay from its defence fund. The only requirement to receiving strike or lock out pay is that members perform a minimum number of hours per week on the picket line or other assigned duties.

The Union should have taken the employers final proposal to the RSS members for a vote

The Local believes what the employer has done is illegal. The employer has refused to bargain with the committee and is attempting to bargain directly with RSS members. The Local can’t legally ask members to vote on an offer that is not legal and therefore not enforceable. Unfair Labour Practice charges against the company are being heard today (June 5th) for this and several other reasons. In addition, the final proposal contains the following paragraph…. “It is understood that the Guild will withdraw all grievances and contestations related to the above mentioned changes and/or layoffs and agrees not to file any new such grievances and/or contestations.”

This will handcuff the unit for three years or more and it will be open season on the remaining RSS jobs and will infect the other units.

Why didn’t the company simply offer buyouts to RSS staff?

The Local asked the company and was told “NO.” It is within the company’s right to offer buyouts if it wishes.

What is the Local doing about the eight new jobs in RSS?

The Local has grieved those positions and will take the matter to arbitration if necessary. The company has completely ignored the layoff and recall language which states layoffs are by seniority and recall is by seniority. The company has cherry picked people from RSS to fill the eight new jobs creating a situation where senior members are being laid off while junior members are not, an obvious violation of all of our contracts.

What other legal avenues is the Local pursuing?

On Monday June 2, 2008 an arbitrator heard evidence from the Union and the Company on the merits of a safeguard order. We have contract language that states that in the event an arbitrator’s ruling can’t undue what the union believes is a violation of the contract, in this case contracting out RSS, the company is prohibited from proceeding until after an arbitrator has heard the case and rendered a decision or bargaining/conciliation has concluded and the parties either lock out or strike. The Local has filed for arbitration over the transfer of work to Winnipeg and is awaiting dates.

The other part of this legal strategy is the application to merge RSS, Editorial and Advertising bargaining units into one.

There is strength in numbers. Since the application for merger is before the Labour Board, the board has the right to suspend negotiations until the application is dealt with. In other words, if the board suspends negotiations the company loses its right to lock-out and the union loses its right to strike. The suspension of bargaining and the Unfair Labour charges are being heard together today. A win on the suspension of bargaining combined with the safeguard order prevents layoffs, lockouts or strikes. All working conditions will be frozen until the issues before the board are heard.

We’ll keep you posted

Your executive