Chief Grievance Officer: Kevin McPhail
Chair: Don Currie
Members: Mandeep Mahanger, Harpinder Sandhu, Donna Murray
Hours of work – Kelowna
We claim the employer has violated the Collective Agreement by denying the grievor’s request to work normal hours as defined in article 18.01. Our member has never worked longer than the 7.75 hour shift however this year at PARP time, rather than asking the member to work longer hours, it was demanded that he work an 8.5 hour shift. Seeing the language talks about the need to have mutual agreement we are troubled at the employer’s insistence that they can make our members work any hours they 'require' for operational needs.
We request that the employer allow the grievor’s request to work normal hours. In addition we ask that the grievor be compensated for overtime hours worked as a result of this denial.
Status: Attempts to resolve this grievance prior to arbitration have been unsuccessful. This grievance is scheduled for arbitration on September 2-4 in Victoria.
Reduction in Pay – Capital
An employee returned from Short Term Disability and is on a graduated return to work schedule supported by their medical practitioner. Upon receiving the graduated return to work schedule the employer reduced the pay of the employee as a result of the schedule because they cannot currently do all the duties they were hired to do while they gradually return to full time hours.
We request the Employer change this practice and reinstate their pay back to the level for a Senior Appraiser while they complete their graduated return to work schedule. In addition, we claim damages for injury to their dignity pursuant to the BC Human Rights Code.
Status: This grievance was heard and denied at step 1 and 2. It has been elevated to arbitration with dates in late March and early April of 2016.
Denial of Benefits - Kamloops
A member on a 12 month deferred salary leave wanted to maintain LTD and Group Life coverage for the full 12 months of the leave. The member was prepared to pay the full cost of the premiums to maintain this coverage. When this request was made to the carrier, the carrier would only maintain coverage for a portion of the year for both LTD and Group Life. This leaves the member without this important insurance for part of the leave. The carrier is citing an increased risk to them as their reason for denying coverage.
Status: This grievance has been denied at Step 1 and has been elevated to Step 2.
Sick Leave Calculation - South Fraser
A member has had multiple sick days interspersed with work days for a single illness. After 60 working days of sick time related to a single illness, an employee transitions from BCA paid sick leave to insurance paid LTD. The employer calculates the 60 working days as inclusive of the days at work unless there is a 30 interval without any sick leave taken. Article 23.01 (d) speaks to 60 working days of absence. We are investigating which method is the appropriate way to calculate the 60 day period.
Status: This grievance has been heard at Step 2. Discussion are ongoing regarding a possible resolution.
PDP Reconsideration – 2 Locations
Following the rating process for the 2014/2015 PDPs, there were 2 members who felt their PDP rating was not an accurate evaluation of the goals and competencies contained in their PDPs.
Under MOU #12, a member has 14 days from the day the final PDP rating is made to email their Assessor or Director and request reconsideration. If the member is still not satisfied after review by their Assessor/Manager, a grievance may be filed at step 2.
Status: Both grievances have been heard at Step 2 and are still in discussion at this level.
Doctor’s Note Requirement - Kelowna
A member on sick leave provided a doctor’s note supporting sick leave following an injury. A second note was also provided supporting a graduated return to work. Subsequent to the 2 notes, the employer requested additional information from the doctor.
The member applied to have the employer pay for 50% of the cost of the additional notes as per article 23.01 (e) of the collective agreement. This request was denied by the employer.
We are seeking to have the employer pay for 50% of the cost for doctor’s notes where the employer requires additional information.
Status: This grievance has been filed at Step 1. We are waiting for a response from the employer.