By GSU staff representative Mason Van Luven

There is often a misconception that “severance pay” is a condition of employment or labour law when a worker’s position is eliminated, their plant is closed, or the company would otherwise like to part ways. That workers are rewarded for their years of service and that transition into unemployment is softened by a severance package. However, we negotiate for strong language and standards when it comes to severance pay as without this language, the rights afforded to workers is minimal, and this is often one of the most overlooked advantages of a collective agreement.

Under the Saskatchewan Employment Act, an individual worker is entitled to either notice or pay instead of notice, which is a sliding scale depending on your years of service. This scale caps out at 10 years of service, where an individual worker gets eight-weeks notice or pay instead of notice, calculated at what a worker’s regular earnings are during a normal eight-week period. They are also given their unused time off entitlements, like their vacation. Other jurisdictions, though still limited, will throw in a number of days pay for each year of service as an added entitlement. After that, the worker is expected to get another job or hopefully have enough to retire.

This is why collective agreements do more than negotiate wage increases to service the immediate material needs of workers, and one of the most overlooked features of collective agreements is language around position eliminations. We negotiate strong position elimination language because in the event that a company decides a certain position is no longer necessary, a plant closes down, or a whole group of workers are left without work, the bare minimum requirements under provincial labour law is insufficient. Workers should have dignity for all the reasons a company might decide that their contributions as a worker are not needed or valued anymore. At the very least, they should get enough recognition for their years of service that they can pay the bills before finding another job.

Sometimes companies will calculate severance as though they do not have a contractual obligation to do so – that their generosity is why a worker sees a payout. Trade unions had to negotiate hard with employers to get the standards around position eliminations above labour legislation, because historically once a company no longer needed a worker or a factory, there was no net to catch those workers. This created an imbalance where a worker had to work to make ends meet up until their employer did not need them anymore. This meant that a worker had an obligation to their employer, but not the other way around.

Read your contract’s language on position elimination (and, for your own education, compare it to the relevant labor legislation). If you have any questions, don’t hesitate to contact your GSU staff rep.

Today at noon in Regina some members and staff of GSU attended a rally at the Legislature challenging the provincial governments recent announcement to use the not withstanding clause to push their pronoun law.

First, here’s a quick recap of what lead to today.

It started at the end of the last school year about appropriate sexual education content for students. This led to an announcement that the government was seeking new rules requiring students under 16 years of age to need parental consent before changing their pronouns in school.

This was challenged at Court of King’s bench and the judge issued an injunction pausing the new law from coming into effect until the court can hear the entire case.

Almost immediately following this decision, the Saskatchewan provincial government indicated they would recall the legislature and would use the Charter of Rights and Freedoms notwithstanding clause to force the law into effect.

Here is some information about this issue that we think GSU members need to consider.

What’s a pronoun?

You may be unfamiliar with the word “pronoun,” but you use them all the time. Pronouns are used in place of a proper noun (like someone’s name). We use pronouns most often when referring to someone without using their name.

 Example: Have you heard from Tom? He hasn’t texted me back all day. He is the pronoun.

 Why does it matter?

In English, our most commonly used pronouns (he/she) specifically refer to a person’s gender. For queer, gender non-conforming, non-binary, and transgender people, these pronouns may not fit, can create discomfort, and can cause stress and anxiety.

 A recent study showed that in transgender youth, using correct pronouns and names reduces depression and suicide risks.

“Researchers interviewed transgender youths ages 15 to 21 and asked whether young people could use their chosen name at school, home, work and with friends. Compared with peers who could not use their chosen name in any context, young people who could use their name in all four areas experienced 71 percent fewer symptoms of severe depression, a 34 percent decrease in reported thoughts of suicide and a 65 percent decrease in suicidal attempts.

Earlier research by Russell found that transgender youths report having suicidal thoughts at nearly twice the rate of their peers, with about 1 out of 3 transgender youths reporting considering suicide. In the new study, having even one context in which a chosen name could be used was associated with a 29 percent decrease in suicidal thoughts. The researchers controlled for personal characteristics and social support.

“I’ve been doing research on LGBT youth for almost 20 years now, and even I was surprised by how clear that link was,” Russell said.”

Having trouble understanding why this would upset someone? Think about your pronoun (it’s probably “he” or “she”). Now imagine someone calling you the one you don’t think of yourself as. Imagine them doing it over and over and over, even after you’ve corrected them.

Notwithstanding Clause

The notwithstanding clause in the Canadian Charter of Rights and Freedoms, also known as Section 33, allows provincial or federal governments in Canada to temporarily override certain rights and freedoms protected by the Charter. While it serves as a unique and sometimes controversial feature of Canada’s constitutional framework, it has generated various concerns and criticisms over the years. Here are some of the problems and criticisms associated with the notwithstanding clause.

One of the most significant concerns is that the notwithstanding clause can be used by governments to limit or suspend fundamental rights and freedoms guaranteed by the Charter. Critics argue that this undermines the very purpose of having a Charter of Rights and Freedoms.

Some worry that governments may use the notwithstanding clause too liberally, potentially infringing on rights without sufficient justification. This could lead to a situation where rights are routinely violated without proper accountability.

There is a concern that governments may invoke the notwithstanding clause for political reasons rather than to address pressing issues or emergencies. This could be seen as a way to pander to specific interest groups or curry favor with certain constituencies.

Diminished Protections: When the notwithstanding clause is used, it essentially renders certain Charter rights temporarily ineffective. This can leave individuals without the full protection of their rights during that period.

There are concerns that the notwithstanding clause could be used to target vulnerable or marginalized groups, particularly if the government has a political agenda that goes against the rights of these groups. The example we have today is exactly what is worrying people.

If or when a government thinks about using the notwithstanding clause they should do so only after lengthy consultation. We shouldn’t be comfortable with our elected officials skirting the Charter for a political hot button issue that a judge has said is very likely to cause harm to young people in this province.

GSU has always stood with marginalized people in society. As working people ourselves, we want to raise the standard or living for everyone. What we want for ourselves we want for everyone.

By GSU staff rep Brian Lark

This weekend is the Thanksgiving long weekend in Canada. On Friday, everyone will be rushing out the door to prepare for spending time with family and friends. Whether your holiday takes you away from home or this is your year to host the gathering, there will be a lot of people on the road as you make last-minute trips to the store to grab meal items, fuel up the vehicle and purchase the always important road trip snacks.

Let’s all take time to plan and arrive safely at our destinations.

We have a lot to be thankful for this weekend and need to make sure we arrive safely to spend those precious moments with our loved ones. Allow for traffic delays and leave in plenty of time. Try to be proactive and do your shopping on Wednesday or Thursday to beat the rush in the stores and at the pumps.

After a well-deserved visit and holiday celebration, make your journey home just as safe.

A long day traveling and eating can lead to fatigue and unsafe conditions on the way home.

It is October and the weather can turn quickly making road surfaces slick, so be aware and be sure to drive with caution. In the event of poor weather, be sure to drive for the road conditions of the moment and not what they were last month.

Most of all this weekend, be thankful!

Be thankful to have friends and family who care about you. Thankful for a job to support you and your family and thankful for GSU. GSU is here for you all year long and we will continue to work for you and with you to improve your working relationships with your employer.

I am thankful for GSU. Back when I was a member, I understood the importance of the union. When I became an out-of-scope manager I was thankful for GSU because I knew they had my employees’ best interests in mind. Now, as a staff rep, I am thankful for GSU. This union has offered me the chance to help people, make a difference in their lives, and ultimately make a difference in mine.

Happy Thanksgiving! 

Health and Safety – By GSU staff rep Brian Lark

It’s that time of year again and this season has brought on unusually hot weather. We always look forward to the warmer weather after a long cold winter, but there are few things to consider and remember in the glory days of the summer months. Not only are there health risks associated with the hot dry temperatures that we are experiencing; there are also environmental risks.

Fire

With people getting out to enjoy the sunshine or even starting up seasonal tasks, fire is a risk. If you are having a gathering around a backyard fire, be sure to put it out. The burning embers from a cigarette flung from a vehicle window is a common cause of wildfires. Poorly maintained equipment moving down the road also presents a risk of fire as sparks can cause the dry grass to ignite and burn out of control.

Be sure to extinguish all fires when not attending them, if there is a fire ban issued, please adhere to the requests of your municipality until it is lifted. Smoking is no longer permitted indoors of establishments so if you do need to satisfy your craving, please be responsible enough to butt out your cigarette in an approved ashtray to help ensure that the risk is gone. Finally, please be sure that all vehicles and equipment are in good working order prior to operating. A poorly maintained piece of equipment is not only a potential fire hazard, but is also a real safety risk to the operator.

Factor in the Humidity

If you find yourself working, or playing outside in the heat of the day there are personal safety risks to consider. Remember, it’s not just the temperature that matters, you also need to factor in the humidity. The hotter and more humid it is, the more breaks you need to take.

There are different levels of risk when exposure to higher temperatures and they all have their own symptoms.

Heat Rash and Sunburn

Heat rash and sunburn are the entry level medical concerns when working outside. A heat rash is often a cluster of small red bumps/blisters. They often form on the neck, chest, groin area or the creased in the elbow. The remedy is to stay in a cool dry place, keep the rash dry and use baby powder to sooth the rash.

We have all experienced a sunburn or know someone who has. This is the next stage; it can range from a reddening of the skin to blisters. The area will be warm to the touch and can be extremely painful. If you do get burned stay out of the sun as much as possible, cover the skin if you must be outdoors. Apply cool cloths or take a cool bath to help remove the heat. Once the skin is cooled down put on a moisturizing lotion and do not break open the blisters. Open sores can become infected and lead to different complications.

Heat Exhaustion and Stroke

The next and final stages are heat exhaustion and stroke. Heat exhaustion symptoms are profuse sweating, cold, pale, clammy skin. A fast weak pulse, often nausea or vomiting. Muscle cramps, tiredness or weakness, dizziness, headache and finally fainting spells. If you or someone you are observing exhibit these symptoms move to a cool place out of the sun. loosen tight clothing (untuck shirt, undo a couple of buttons, loosen belt and boots). Use cool cloths or a cool bath to bring down body temperature and just sip water, don’t drink lots at once this will add to the nausea feelings. You should seek medical attention if you vomit, symptoms get worse or last longer than an hour.

Heat stroke is the most serious condition from working in high temperature areas. The body will be exhibiting fever like symptoms. A body temperature of 103 degrees or higher. Skin is hot, red, and damp to dry. You stop sweating and exhibit a fast strong pulse. Headache, dizziness, nausea, confusion, and fainting spells. If you experience these symptoms immediately call 911. Move the person to a cooler place and try to lower the temperature with cool cloths or a cool bath. Do not give them anything to drink the body will not accept it in this condition and the person will vomit.

So now you know what to watch out for but how do we keep ourselves out of harm. Put on clothing to keep the skin covered. Use sunscreen on any exposed areas, the higher the SPF the better. Aways wear a hat to help shield your body and head from the sun.  Drink lots of water to keep hydrated. Ice cold water may cause stomach cramps so drink it cool or room temperature.  Coffee will increase internal body temperature so not an adequate liquid for heat exposure. Alcohol and sugary drinks are also not a wise choice. These types of drinks will in fact increase dehydration. Take breaks away from the heat. In the shade or inside an air-conditioned building is preferred. At the top of this story is a Canada OH&S table regarding high temperature work as well as humidity rating. If we all follow these guidelines, we can keep ourselves and those around us safe.

The 2022/2023 Joint Executive Council Annual Report to GSU members is available to be read and/or downloaded.

• 2022/2023 Annual Report of GSU’s Joint Executive Council

This report of the union’s governing body was reviewed and adopted by delegates to GSU’s March 2023 biennial policy convention. It contains important information for GSU members about the business of your union, including the 2022 audited financial statements.

GSU prides itself on practicing democracy and transparent administration on behalf of the union’s members.

Copies of the report will also be available to members during our upcoming spring visitations, but members wanting a hard copy of the report now can call 1.866.522.6686 or send an email request to gsu@gsu.ca.

If you have questions, comments or concerns about this report, don’t hesitate to contact a Joint Executive Council member, GSU general secretary Steve Torgerson or your GSU staff representative.

Happy International Women’s Day to women everywhere!

Today we celebrate social, economic, cultural, and political achievements of women and resolve to continue fighting for women’s equality.

Learn more about International Women’s Day here.

A tentative settlement was reached during the first bargaining session on Jan. 31, Feb. 1 and 2. A bargaining update and ratification meeting to vote on the memorandum of agreement will be scheduled once the Memorandum of Agreement has been signed by union and company officers.

Information will be provided to Local 16 members as it becomes available.

GSU’s bargaining committee comprises Ward Tolley, Kara Thevenot and GSU staff representative/bargaining spokesperson Brian Lark.

On Jan. 6 it was announced that CIBC will pay $153 million to approximately 30,000 current and former employees to settle a class action law suit over the bank allowing/requiring employees to work unpaid overtime.

While settlement of the law suit is good news for the employees involved, it is noteworthy that the class action was commenced in 2007 and originally sought $500 million in compensation for affected employees.

Unionized employees do not have to hire lawyers, commence class action law suits or wait 16 years for results when they’ve been wrongfully denied employment rights like payment for overtime work. Unionized employees have access to a grievance/arbitration procedure through their union at no extra cost.

GSU provides effective employee representation and grievance action to defend the workplace rights of union members.

“Over the years millions of dollars in wages and benefits have been recovered for GSU members through active utilization of the grievance/arbitration process,” said GSU general secretary Hugh Wagner. “Processing grievances and taking them to arbitration takes time, but nothing remotely close to the years piled up in the CIBC class action suit”

If you and your co-workers are interested in joining a union, reach out to us to learn more.

The point of using your health benefits isn’t just to use up the money – it’s to make sure that you are getting the medications, treatments and help you need to feel and be your best mentally and physically. Self-care is important and it needs to be a priority.

Check your collective agreement for details on your account, and – as always – don’t hesitate to contact your GSU staff rep if you need help sorting things out. The services we provide to you are included in your union dues, and there is no additional charge for assisting you.

GSU staff rep Brian Lark is assisting a member who has been a temporary employee for six years. The member was originally a summer student hired as a temporary employee, and for the following five years the employee was hired on an eight- to ten-month term contract.

“As a temporary employee, they are not entitled to all of the benefits that a regular employee is entitled to. They are not eligible to be a part of the group benefits. They do not get money towards a pension. They are not afforded paid time off for being sick, attending their sick children or vacations,” Lark said. “They are not entitled to an annual increase unless they are able to negotiate one themself when they accept the term position. These are basic privileges that come with being part of the union and they are excluded from them.”

Lark is working with the employer to transition the employee to a permanent employee.

“This employee enjoys the work and position, and is willing to come back each year to do the work,” said Lark. “All they are asking is that the company give them the opportunity to enjoy all the benefits that come with being a permanent employee.”

No problem is too small, so don’t hesitate to reach out to us with your questions, observations or concerns. Our services are provided to you as part of your union dues and there is never an additional charge for assisting you or a limit on the times you can seek advice. Contact information for GSU staff representatives is available on our web page at GSU.ca.

Ten days of employer-paid sick leave are now available for private sector workers who fall under the jurisdiction of the Canada Labour Code.

Workers who have been continuously employed for at least 30 days will have access to their first three days of paid sick leave as of Dec. 31, 2022. Starting on Feb. 1, 2023, workers will acquire a fourth day of paid sick leave and will continue to accumulate one day of paid sick leave on the first day of each following month up to a maximum of 10 days per year.

“Most GSU members already have better sick leave benefits through their collective agreements with their employers, particularly since the new federal benefit caps out at 10 paid days per year,” said GSU general secretary Hugh Wagner. “Nonetheless, this is a major improvement to labour standards that can be built on and extended to workers who are currently excluded because they are deemed to be temporary or casual.”

“Improving labour standards for all is a cause actively supported by GSU, but the absolute best way for workers to get ahead is to join a union,“ Wagner said. “Provincial governments would do well to follow the lead of the federal government since paid sick leave is an important incentive in recruiting and retaining workers.”