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B.C. FER R Y and MA RINE WORKERS’ UNION

Bulletin #27

April 14, 2011

EXCLUSIONS

QUESTIONS AND ANSWERS

Question: True or False:

exclusions the Company offered ‘soft exclusions’ to the Union? (Soft exclusions being

defined as the current incumbent staying in his/her job and remaining in the Bargaining

Unit until such a time they transferred/retired/promoted, etc).

At the birth of the Company’s current drive for additional

Answer: False

: The Company never offered ‘soft exclusions’ as defined above.

Question: True or False:

meeting with the Company to discuss your ‘options’ as outlined in Article 12 of the Labour

Agreement you have the right to take Union representation with you?

If your position has been ‘excluded’ and you are called into a

Answer: False:

right. The Company has committed to allow the member to have Union representation

present. It is the member’s responsibility to arrange representation.

There is no Article in the current Labour Agreement that gives you this

Question: True or False:

may be excluded from the Bargaining Unit you have the right to ask Crewing if the

assignment is within the Bargaining Unit?

If directed by Crewing to work in a position that you think

Answer: True:

You do have this right.

Question: True or False:

appeal of Mr. Ready’s award?

The Labour Relations Board had not yet ruled on the Union’s

Answer: True:

they will make a judgment.

The Labour Relations Board has not yet ruled and it is not known when

Question: True or False:

commencing, the end of exclusions is in sight?

As of April 1, 2011 with the Engineering exclusions

Answer: False:

three shipboard departments, Engineering, Catering, and Deck have exclusions in progress.

This process will continue until the Company has in place all the approximate 155

exclusions awarded by Mr. Ready, or the LRB halts the exclusion process. Currently 62

individuals have accepted exclusion offers, 16 Senior Chief Engineers, 2 Chief Engineers, 10

Senior Chief Stewards, 20 Chief Stewards, 1 Second Steward and 13 Masters. The names

of those who have accepted can be seen on the Company’s Intranet site.

April 1 was the date of the start of Engineering exclusions. Now all

Question: True or False:

BC Ferries?

Harassment will not be tolerated by any individual or party at

Answer: True:

intimidating, or demeaning treatment of a person or group of persons that has the effect or

Article 1.09 (b) states, “Workplace harassment is defined as abusive,

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purpose of unreasonably interfering with a person’s or group’s status or performance or

creating a hostile or intimidating working environment….” If you or someone you know is

being harassed or harassing another member, something needs to be done. Inform a

supervisor, co-worker, or the Union.

Question: True or False:

deems it to be?

The definition of ‘emergency’ is any situation the Company

Answer: False:

Union currently disagree on what is defined an emergency.

There is no contractual definition of ‘emergency’. The Company and

Question: True or False:

notice of lay off, you are required at that time to inform the Company of your choice

regarding Article 12?

If you are called into a meeting with the Company and given

Answer: False:

to reply to the notice of layoff options provided.”

As per article 12.02 – 3, “… an employee shall have 14 calendar days

Question: True or False:

immediately taken when laid-off and will be lost if a member changes positions?

Wage protection is dependent on remaining in the position

Answer: False:

in any position they hold or take is higher than their wage protected rate.

Wage protected (red circled) members retain this rate until the wage

Final Thought on Subbing into Excluded Positions

Transition Process – Bargaining Unit to Excluded Substitution:

Last week a new situation arose with respect to substitution into excluded positions.

The Company after appointing Senior Chief Engineers into excluded positions did not have

the necessary excluded relief to backfill when a vacancy occurred. The result; the Company

directed or forced a qualified Bargaining Unit member to work in the excluded position.

The Union has approached the Company and attempted to resolve the matter

unsuccessfully. We have confirmed with the Company that both individual and policy

grievances are being actioned and we will utilize all avenues available to have the

grievances heard in the most expeditious manner possible.

The Union has grieved the Company’s actions under a number of specific Articles within our

Collective Agreement and also protections afforded to workers generally which include but

are not limited to, provisions in the Labour Code, Charter of Rights and Freedoms and

Human Rights Legislation.

“Shop Stewards: Please Post on Bulletin Boards”

BC Ferry and Marine Workers’ Union

1511 Stewart Avenue, Nanaimo BC V9S 4E3

Union Office Telephone:

1-800-663-7009 or 250-716-3454Email: mailroom@bcfmwu.com Fax: 250-716-3455