Category Archives: Another Problem Solved

ANOTHER PROBLEM SOLVED: maternity leave issues

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An employee called the union office to discuss issues dealing with maternity leave. 

Each of the different collective agreements in GSU have their own provisions for maternity, paternity and adoption leave. It is always best to check in with your staff representative to determine what rights you have and the benefits that are included. In this employee’s case, the staff rep reviewed the provisions of the agreement and clarified some issues for the member. 

Contact a GSU staff rep with your questions and concerns. We will work with you to find answers to your questions and find solutions that work for you. Contact information for GSU staff is available here.

ANOTHER PROBLEM SOLVED: Working with a new manager, good communication

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GSU staff rep Steve Torgerson has been talking to members who are anxious about working with a new manager. 

The members want to be sure they are protected as the new manager assumes the role and approaches things in a new way. Steve coached the members about being up front with any questions that might arise and practicing good communication to help reduce the potential for miscommunication or mistakes. Armed with Torgerson’s recommendations, the members are planning to be particularly observant and to encourage open communication with fellow staff members to ensure things continue to go well. 

Contact a GSU staff rep with your questions and concerns. We will work with you to find answers to your questions and find solutions that work for you. Contact information for GSU staff is available here.

ANOTHER PROBLEM SOLVED: Questions regarding benefits under the SWP/GSU Pension Plan

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A former member of GSU had a number of questions regarding their benefit under the old SWP/GSU pension plan. With the permission of the pensioner, staff rep Lawrence Maier contacted the pension officials and got the required information.

“One issue we often encounter is pensioners who turn 60 years of age and are surprised when their monthly pension drops. In checking with the papers filled out when they retired, it is almost always due to the fact that they chose to integrate their pension with their CPP and OAS benefits,” Lawrence advises. “In this way, they are paid more money up front, but the monthly benefit from the pension plan drops when they become eligible for CPP at age 60. There is another drop in the pension benefit when the retiree becomes eligible for the Old Age Security benefit from the government.”

Integration is a way for those who retire before age 60 to increase their income from the pension plan against taking a reduction in pension once they become eligible for CPP and OAS.

Always check with a trusted financial adviser before you make your decision on what pension option to choose. 

Contact a GSU staff rep with your questions and concerns. We will work with you to find answers to your questions and find solutions that work for you. Contact information for GSU staff is available here.

ANOTHER PROBLEM SOLVED: GSU follows-up on instruction given to members; miscommunication resolved

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Several Local 1 (Viterra) members scheduled to work 13.3 hour shifts from Thursday, October 12 to Saturday, October 14 inclusive were told they had to reduce their work time by eight hours since Thanksgiving Day fell on the Monday of that week, putting them in an overtime situation.  The affected employees didn’t think the instruction was fair and contacted GSU general secretary Hugh Wagner.

In turn, Wagner contacted Viterra HR to follow up on the members’ complaint. The issue was investigated and it turned out to be a miscommunication on management’s part. The problem was fixed by the next day.

If you have questions about a workplace issue or you are experiencing problems in the workplace, contact your GSU staff rep.
Their services are provided to you as part of your union dues and there is no additional charge for assisting you.

ANOTHER PROBLEM SOLVED: moving a pension deposit to another financial institution

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A pensioner contacted GSU staff rep Dale Markling  to find out how to change his pension deposit to different financial institution. Dale directed him to the pension plan administrator and provided a contact number to request the necessary forms.

Do you need assistance? No problem is too small. Contact your GSU staff rep with your questions and concerns.

Your inquiry will be treated with strict confidentiality. Contact information for our staff reps is available here. 

ANOTHER PROBLEM SOLVED: Notice of job elimination sorted out

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A member of GSU Local 15 (CPS) was notified that her job was being eliminated. Since the member was on maternity leave, the effective date of the position elimination was delayed until her maternity leave ceases. However, Article 24 – Position Elimination of GSU’s collective agreements with CPS Canada stipulates that employees whose jobs are being eliminated are entitled to 120 calendar days’ notice or pay in lieu.

In the particular circumstances of this case, paid notice or pay in lieu of notice could not be made until after the member’s maternity leave ends. The problem was that the notice of position elimination made no mention of paid notice or pay in lieu of notice. Upon being alerted to the anomaly in the notice of position elimination, GSU general secretary Hugh Wagner raised the issue with CPS management on several occasions but did not receive any response. As a result, he commenced grievance action on August 24 and the matter was resolved the next day. The member in question will receive her paid notice of position elimination or pay in lieu when her maternity leave ends.

“This matter was probably more about miscommunication on the employer’s part as opposed to a disagreement over the application of the members’ rights under the collective agreement,” Wagner said. “The grievance procedure was used effectively to make sure the matter was clearly resolved in a timely manner. A formal grievance is not a declaration of hostilities. As the outcome of this case demonstrates, it can be an effective means to assist in resolving workplace issues.”

Contact your GSU staff rep for assistance with questions or concerns.

WE’RE WORKING ON IT: clarification on temporary performance of higher duties

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A GSU member has requested clarification on the “Temporary Performance of Higher Duties” provision of their collective agreement.  The employee feels they are performing duties that are above the job description set out for their position.

When employees are assigned to do duties that are above their job description, they are entitled to be paid the proper rate of pay for the period they are assigned to the increased responsibility. GSU staff rep Lawrence Maier is looking into the matter and will be communicating with the member before any further action is taken.

Contact your GSU staff rep for assistance with questions or concerns.

Your inquiry will be treated with strict confidentiality. Contact information for our staff reps is available here.

ANOTHER PROBLEM SOLVED: Using benefits before retiring/terminating your employment

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A GSU member contacted GSU regarding an issue with benefits. The employee had given notice of termination, but in the week leading up to their retirement date they used their benefits for medical issues. The insurance company rejected the claims. Lawrence Maier contacted the employer and, after going through all of the facts, it was determined that all of the bills were for the period during which the member was still an employee. The correct payments were sent to the employee. 

Make sure you take full advantage of your benefits before retiring or terminating your employment. Don’t wait until the last minute, as this can create problems. And for those with a Health Care Spending Account, don’t forget to claim what is allowed under the plan.

Do you have questions about retiring or terminating your employment? 

Call a GSU staff rep.

Your inquiry will be treated with the strictest confidentiality. GSU staff rep services are provided to you as part of your union dues and there is no additional charge for assisting you. Contact information for our staff reps is available here. 

ANOTHER PROBLEM SOLVED: Employee and Family Assistance Program (EFAP) services

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GSU staff rep Dale Markling was contacted by a member who was concerned that their workplace Employee and Family Assistance Program (EFAP) wasn’t providing the level of service that was provided under the previous provider, such as a one-on-one meeting with a counselor. Dale spoke to employer representatives who confirmed with the provider that this service is still available.

The EFAP is an employment-related program which allows employees or their dependents to access counselling types of services. The use of these programs are confidential and the providers do not give the employer the names of who has used the service or the service provided. If employees or their dependents have any need for these services or what services are provided at the cost to the company, they can contact a GSU rep for more information on a confidential basis.

EFAP programs in GSU-represented workplaces originated as a result of bargaining between the employer and the union.

Do you have a question about your employer’s EFAP program? Contact a GSU staff rep.

Your inquiry will be treated with the strictest confidentiality. Staff rep services are provided to you as part of your union dues and there is no additional charge for assisting you. Contact information for GSU staff reps is available here. 

ANOTHER PROBLEM SOLVED: Rate of Pay

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Earlier this year a GSU member contacted general secretary Hugh Wagner with regard to the rate of pay she was receiving. Wagner checked into the matter and discovered that the member was being paid significantly less than most of her co-workers in the same job classification despite being senior to many.

The matter was raised with the employer and for a couple of months the parties argued back and forth. Eventually the member received a significant adjustment in her rate of pay.

“Not every pay dispute is resolved in favour of union members, particularly since some employers have substantial discretionary power in relation to setting employees’ rates of pay within a pay range,” said general secretary Hugh Wagner. “In this case we were able to establish a solid argument based on the facts of the situation and the active involvement of the affected union member.”

“Successfully resolving many employment issues for union members comes down to fact gathering and critically measuring employers’ behavior against reasonable standards,” said Wagner. “Things won’t change unless we make arguments in favour of change and are willing to get involved in the struggle. This needs to happen at the individual level, as in this case, and especially at the collective level when we go into agreement renewal bargaining.”

Have a question, comment or observation? Call a GSU staff rep.

Staff rep services are provided to you as part of your union dues. There is no additional charge for assisting you. Contact information for GSU staff reps is available here. 

ANOTHER PROBLEM SOLVED: out-of-pocket health plan expenses

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Recently, a GSU member mentioned in passing he was out-of-pocket for some health plan expenses that exceeded his coverage. A nearby GSU officer asked if the member had used the health spending account which was part of their benefit plan. 

The member was not aware he had access to a health spending account. After some encouragement from the GSU officer, the member called Manulife and found out that he was able to use the current year’s credit and the previous year’s credit which hadn’t been claimed, and his reimbursement cheque would be in the mail immediately.   

Have a question, comment or observation? Call a GSU staff rep.

Staff rep services are provided to you as part of your union dues. There is no additional charge for assisting you. Contact information for GSU staff reps is available here. 

ANOTHER PROBLEM SOLVED: Do you know what conditions will apply when taking unused vacation immediately adjacent to retirement or other employment termination?

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In December 2016 a long-service Local 1 (Viterra – Operations) member contacted GSU staff rep Dale Markling upon discovering his employment had been terminated when he decided to burn up a few days’ vacation immediately before retiring. The union member had told his boss about his intention to retire effective December 31, 2016, and when the date approached he arranged to be on vacation for the last few days. Even though he was on vacation, he still responded to work related calls.

The problem came to light when the member received his last pay stub. He discovered that Viterra considered his employment terminated as of his last day at work and his benefit coverage was discontinued. In addition, the member was not paid for Christmas Day and Boxing Day. He was surprised and unhappy.

When staff rep Dale Markling and general secretary Hugh Wagner raised the issue with Viterra management they were informed that employment termination in this type of situation was Company policy at least since mid-2008. Apparently Viterra had decided not to allow employees to use vacation as a bridge to retirement or other terminations of employment. GSU had no prior knowledge and had never been informed of this policy by Viterra. 

An executive grievance was filed on behalf of members in Locals 1 and 2. After several grievance meetings, the grievance was resolved on May 12. Viterra agreed to pay the member who had raised the issue for two general/statutory holidays and also agreed that nothing shall alter an employee’s status as an employee of the Company in instances where the employee takes vacation by mutual agreement and/or with the approval of her/his superior.

Even though this matter has been resolved for members of GSU Locals 1 and 2, we encourage all members regardless of their employer, including Viterra, to make absolutely sure what conditions apply when deciding to take unused vacation immediately adjacent to and leading into retirement or other employment termination. 

If you would like assistance, call a GSU rep.

Staff rep services are provided to you as part of your union dues. There is no additional charge for assisting you. Contact information for GSU staff reps is available here. 

ANOTHER PROBLEM SOLVED: correct interpretation of sick leave policy

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A GSU member was fairly certain he had correctly interpreted his employer’s policy on sick leave, but he called staff rep Steve Torgerson to make sure.

Sorting out sick leave, doctors’ notes, and the timeline when the health provider gets involved can be confusing. If you need help or if you simply want to confirm that your interpretation of company policy or your collective agreement is correct, don’t hesitate to call us. 

Do you have a question about sick leave? 

Contact your GSU staff rep. Their services are provided to you as part of your union dues. There is no additional charge for assisting you.

 

ANOTHER PROBLEM SOLVED: extra duties

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GSU staff rep Steve Torgerson assisted a member who was being paid to take on extra duties. The member had no issues with taking on the majority of newly assigned tasks, but decided to call the union office for advice when they became concerned some of the duties may be beyond the scope of their job position. 

Do you have a question about a workplace issue or your collective agreement? 

Contact your GSU staff rep. Their services are provided to you as part of your union dues. There is no additional charge for assisting you.

 

ANOTHER PROBLEM SOLVED: member’s question leads to a collective agreement interpretation, benefits other Local members

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A member’s question ultimately led to a collective agreement interpretation which benefits other members of the Local.

In 2016 a Local 1 member working for Viterra contacted GSU general secretary Hugh Wagner with a question which brought to light a grey area in the collective agreement.

The member was inquiring whether travel to grader training was considered work time. In this particular instance the member traveled several hours on Sundays to attend grader training in Saskatoon.

Wagner raised the issue with Viterra management and subsequently submitted an executive grievance on behalf of the union seeking payment for travel time outside members’ normal hours of work. The grievance wound its way through the grievance procedure and was put on hold for quite some time at management’s request while they reviewed policies and procedures.

On May 12, 2017, settlement of the grievance was finally achieved and confirmed. The grievance settlement is as follows:

  1. When an employee is required to attend mandatory training, the time spent travelling to and from the training outside of her/his normal working hours will be considered work time and will be paid.
     
  2. When an employee attends training opportunities on her/his own volition the time spent traveling to and from such training outside her/his normal working hours will not be considered work time.

“Needless to say, a lot will depend on the circumstances and facts of any situation where a member is traveling to attend training outside normal working hours, and I encourage union members who are unsure about their particular situation to contact a GSU staff rep,” said GSU general secretary Wagner. “This grievance settlement provides a good framework for resolving problems and it came about thanks to one GSU member who contacted us with a question.” 

Do you have a question about a workplace issue or your collective agreement? Contact your GSU staff rep. Their services are provided to you as part of your union dues. There is no additional charge for assisting you.