updated November 7, 2022
IUOE Canadian Office Update to all IUOE Canadian Business Managers on Bill-28 and the issues unfolding in Ontario.
Bill-28 will send devastating shockwaves throughout the entire Canadian Labour Movement:
The Ontario Ford government has passed Bill 28 to pre-emptively crush job action for Ontario CUPE Educational Support workers who are struggling to secure a fair collective agreement in these high inflationary times.
As soon as Bill 28 received Royal Assent, the terms and conditions of a concessionary collective agreement were automatically imposed by this Bill are deemed to be the collective agreements in effect in every CUPE school board bargaining unit. The affected CUPE bargaining units, 70% female members, make up of the lowest paid education workers in Ontario with many earning just above the minimum wage. The imposed collective agreement will remain in force for 4 years (expiring August 31, 2026).
The overreach of Bill 28 does not end there:
- Bill 28 overrides the Labour Relations Act and the School Boards Collective Bargaining Act, 2014.
- Bill 28 establishes that no court, tribunal or arbitrator can alter or modify the compensation terms set out in the Act, under the Charter of Rights and Freedoms or otherwise.
- Locally-agreed terms and conditions are also overridden or made null and void.
- Any strike or lockout in effect must terminate and employees resume duties.
- No employee shall strike, and no person or bargaining agent shall call a strike, or threaten to call a strike, during the term of the new collective agreement (4 years).
- The existing fines in the Labour Relations Act ($2,000 per member and $25,000 per Union) are overridden and replaced with anyone member or any bargaining agent failing to comply with Bill 28 is guilty of an offence and liable to individual fines up to a maximum of $4,000, or for a bargaining agent, up to a maximum of $500,000. Each day of failure to comply constitutes a separate offence.
- The existing requirement that the Board consent to a prosecution is also overridden, allowing the Crown to directly prosecute individuals and bargaining agents.
- Anyone or any bargaining agent failing to comply is guilty of an offence and liable to individual fines up to a maximum of $4,000, or for a bargaining agent, up to a maximum of $500,000. Each day of failure to comply constitutes a separate offence.
- The Rights of Labour Act, which protect unions from lawsuits and prosecution, is also overridden so that damages can be sought against the union.
- Section 33(1) of the Charter of Rights and Freedoms is invoked so that the Act and its regulations operate notwithstanding section 2, and sections 7 to 15 of the Charter.
- The Act and its regulations also override the Human Rights Code.
- The Ontario Labour Relations Board (OLRB) and any arbitrator or other tribunal are also prevented from making any determination about whether the Act or its regulations, or any action taken under the Act, is constitutional or in conflict with the Human Rights Code.
- No application may be made to the OLRB, and no person is entitled to be compensated for any loss or damages.
- Finally, the Act gives the government broad regulation-making power to address anything not explicitly referenced in the Act.
In the face of all of this and the very real impact Bill 28 will have on individual CUPE members and CUPE Local Unions, the membership have taken strike action in a show of extreme solidarity effective November 5, 2022.
Although there are varying differences between IUOE Local Unions and Public Sector Unions, the time for solidarity among the entire Labour Community is now. Business Manager Gallagher and IUOE Local 793, despite having positioned themselves to make very real gains for the membership under the Ford government, have come out publicly in loud opposition to the Ford Government and the use of Bill 28. IUOE members could be impacted in the future if Canadian Premiers follow the lead of Ford on imposing settlements on workers. A legal strike pre-empted by involving section 33 of notwithstanding clause on work that has public financing such as schools or bridges, jails, hospitals courthouses, etc. would impact our ability to achieve fair settlements.
Links to the public condemnation of the bill are set out below along with the attached audio from a CBC Interview Business Manager Gallagher participated in:
This update is to impress upon the entire IUOE Canadian Organization that the events taking place in Ontario are of grave concern for the entire Canadian Labour Movement. We know we can count on you to react quickly to “asks” from the IUOE Canadian Office within the next few days as we do everything, we can to thwart this very real threat.
Canadian Pipeline Director
International Union of Operating Engineers
APPRECIATION WEEK AT Kemptville District Hospital
Taking inspiration from Nurses' Appreciation Week, The Environmental Services Department at Kemptville District Hospital organized an appreciation week to thank and honor their staff for all of their hard work during this difficult year. They raffled off IUOE branded shirts, pens, and Tim Horton's gift cards. Cake was served on Friday. To the staff of KDH Environmental Services Department, thank you for all you do!
MANAGERS IGNORE WORKERS’ MENTAL HEALTH DISTRESS AT THEIR PERIL
Worker mental health distress is ignored by managers at their own peril but mentally unhealthy work conditions can be fixed, according to a new review of academic research.
The report comes as workers in air travel and health care struggle through understaffing crises that drive job dissatisfaction and mental health distress such as anxiety, stress and burnout.
The report, published by the Douglas Coldwell Layton Foundation, confirmed many mentally hazardous workplace conditions, including:
- working through pandemic outbreaks
- excessive jobs demands
- feelings of worker powerlessness
- harassment and violence from clients, patients or customers.
These factors have recently converged on workers in air travel and hospitals like a perfect storm.
The mission of the Douglas Coldwell Layton Foundation is to inform and provoke important Canadian policy discussions, including in the area of health care. Read the full report here.
“From our study it’s clear, your work environment affects your mental health,” said Tom Parkin, the report’s author and worker health and safety expert. “The findings are interesting because they tell us Canadians’ mental wellbeing can be improved. Managers who want to retain staff have a job to do.”
“While our report confirmed changed workplace conditions can improve worker mental health, we also found there’s not much research on the exact factors to address. We’re going to fix that in the next phase of this project,” said Josh Bizjak, Executive Director of the Douglas Coldwell Layton Foundation. “Improving the mental health conditions of our workplaces would be a huge step forward for Canadians.”
For more information:
Josh Bizjak, Executive Director – email@example.com – (613) 857-2538
Canadian Conference Bursary Application 2022
As a friendly reminder, applications need to be date stamped in our office no later than August 1, 2022.
Please note we have moved to our new office and the address has been updated on the attached application. Please ensure that your websites are updated with the new bursary application as the form and you send out the attached updated form to your membership.
RETIREMENT PARTY FOR LOCAL MEMBER
Brother Habib Wadhera at Molson Coors.
OHRC POLICY STATEMENT ON COVID-19 VACCINE MANDATES AND PROOF OF VACCINE CERTIFICATES
On September 1, 2021, the Ontario government announced that starting September 22, Ontarians will need to be fully vaccinated (two doses plus 14 days) and provide proof of vaccination along with photo ID to access certain public settings and facilities. By October 22, Ontario plans to develop and implement an enhanced digital vaccine certificate with unique QR (Quick Response) code that will verify vaccination status when scanned. A paper version of the certificate will be available for download or can be printed from the COVID-19 vaccination provincial portal. Read more here.
RESPECT & PROTECT WORKERS’ RIGHTS: REPEAL BILL 124 & 195
There is a legal challenge underway to Bill 124 that restricts bargaining and limits total compensation increases annually to 1%. This is a charter of rights challenge on violation of our rights to free collective bargaining. Please voice your opposition to the legislation at https://takeaction.ofl.ca/action/workers-rights/
LOCAL 772 LAW COUNSEL UPDATE
Triano Law has been the dedicated law counsel for Local 772 for many years. They now have a family law division serving Milton, Burlington, Hamilton, and Niagara Region and for the rest of 2021 are offering a discounted hourly rate. They are located at 4100 Victoria Ave, Suite 108, Vineland, ON, L0R 2C0, telephone: 905-562-3111 or toll free at 1-877-580-3111, or email at firstname.lastname@example.org Just be sure to let them know that you are a member of IUOE Local 772!
IUOE FASTER TOGETHER CAMPAIGN
In the effort to encourage Canadians to get their COVID-19 vaccinations, the International Union of Operating Engineers has partnered with the Canadian Labour Congress, Canada’s Building Trades Unions, and other labour organizations and businesses to launch the Faster Together campaign. Faster Together is a voluntary effort of a wide variety of people working together to promote COVID-19 vaccine acceptance and help speed the recovery from this pandemic.
SANOFI JOINING CAAT’S DBPLUS PENSION
Two unions representing nearly 1,000 employees of Sanofi Canada are joining the Colleges of Applied Arts and Technology’s DBplus pension plan. Both Unifor Local 1701 and the International Union of Operating Engineers Local 772 will join the plan effective April 1, according to a press release, which noted the company is joining the multi-employer plan in part to focus on its core business by exiting its pension management function. Read more here.
TSSA ALTERNATE RULES PRESENTATION
Please see attached presentation material used during the Path I Information (Plant Rating Approach) meeting on January 13th, 2021 here.
PANDEMIC PAY AWARDED TO LOCAL 772 HEALTHCARE WORKERS
IUOE 772 has successfully lobbied the Ontario government for pandemic pay for all healthcare members including those working for third-party contractors.
LOCAL 772 EDUCATION BURSARY WINNERS ANNOUNCED
Congratulations to Pranay and Vaibhav Kotian on winning the bursary award for 2020! Pranay and Vaibhav are sons of Chandrasekara Kotian who is an Operating Engineer in the steam plant at Ruetgers Canada Inc. in Hamilton. They submitted applications and essays and each qualified for the $500 cash prize! We hope that they find the funds useful in pursuing their educational goals. Best of luck in your studies and careers!
PRESIDENT OF INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 772 RESPONDS TO MINISTER'S LETTER
President of IUOE Local 772 Greg Black responds to Lisa Thompson's letter to TSSA's Operating Engineer Advisory Council. The letter explains what actually took place from the perspective of a 30+ year industry expert who was involved in not only the Deloitte Expert Panel but also TSSA's Risk Task Group and TSSA's advisory council during the creation of Path 1 and Path 2 in regards to TSSA's regulation changes.
See Mr. Blacks letter here: https://drive.google.com/file/d/1Z88y_wKGvfUBK_Z9dItPkXdGbYdLSl0L/view?usp=sharing
See Ministers letter to TSSAs Operating Engineer Advisory Council here: https://lnkd.in/eEAVM-X
This letter explains to Lisa Thompson that the panel made 25 recommendations, 23 reached consensus. It was up to TSSA and MGCS to review and come back with changes that where viable and within their scope. Path 1 and Path 2 where just names at this point and had NO substance to them and where not endorsed by the panel. TSSA did not record or track equipment failures, incidents, near misses ect!!!! Making it very difficult to design a risk based approach WITH NO DATA. They got data from overseas! Path 2 was then overwhelmingly REJECTED by public consultation.
Lisa Thompson says ``The proposed changes are supported by years of stakeholder consultations. They began in 2015
and included the Operating Engineers Advisory Council and the Institute of Power Engineers``
To that we say TSSA`s advisory council OPPOSES Path 2. The Institute of Power Engineers (IPE) OPPOSES Path 2. They both have publically done so and directly wrote to you stating this.
Advisory Council Opposition - https://lnkd.in/g7aAhHC
IPE opposition - https://lnkd.in/gVAsRg
If the final product is not endorsed by the broad base of the sector is serves, then obviously there is grave concern for the Health and Safety of public members and workers.
A PETITION TO PROTECT CANADIAN JOBS AND PUBLIC SAFETY
The government & TSSA is looking at implementing Path 1 and Path 2 regulations using the Alternate Rules Legislation. Path one updates our current regulations "TSSA Act 2000" using a more detailed rating system by using a safety score created by taking in account hazards, public safety, # of equipment ect not just KW ratings... Majority has accepted this path.
Path 2 is based on a Process Safety Management plan where a company has to design, engineer, an entire risk safety management plan (RSMP) that TSSA has to review, approve and audit. The problem that we all have with this is that TSSA does not currently have the data or resources to fully approve and audit such a plan. The other issue is that we all know how companies perform when left to their own devices. Parts of the plan will be ignored, plant culture will change, management will change, and when money is tight the maintenance budget is the first to be impacted. We have also seen where government agencies have their budgets cut and they download responsibility and where that ends up. You need to look no further than Boeing Max737, water testing (Walkerton), our Long Term Care facilities, etc.
That is why in the public consultation that was done last year there was a 61% acceptance of Path 1 and a 75% rejection of Path 2. Yet the government is pushing ahead despite the rejection of Path 2 by public, union, council, industry association, and is in fact implementing Path 2 before Path 1!
If you are a OE in Ontario, you should take some time to look up Bill 66, the TSSA Act 2000, Path 1 & Path 2 and the IPE website (http://www.ipe.org/). Changes are coming to our profession, and we should ensure a balanced approach.
OPERATING ENGINEERS ADVISORY COUNCIL LETTER TO THE MINISTER OF GOVERNMENT AND CONSUMER SERVICES
The OEAC has formally expressed to the Minister their opposition regarding the development and implementation of a PATH 2 - Risk Safety Management Plan as an “Alternate Rule” to the existing Operating Engineers Regulation O. Reg 219/01 and have requested an immediate moratorium be placed on PATH 2 development. Read the letter here.
OPERATING ENGINEERS ALTERNATE RULES
In November 2016, the Ontario Ministry of Government and Consumer Services (MGCS) and the Technical Standards and Safety Authority (TSSA) brought together a volunteer panel of expert stakeholders. The objective of this panel was to provide recommendations for government’s consideration to support revisions to the Operating Engineers Regulation (O. Reg. 219/01), under the Technical Standards and Safety Act, 2002 (the Act). By the end of the consultations the panel identified a number of recommendations to maintain high-levels of public safety, while reducing undue burden on business.
Based on the panel’s recommendations the provincial government made changes to the Act in April 2019, to allow for the creation of alternate rules and will first be used for the Operating Engineers Regulation.
Alternate rules for the Operating Engineers regulation are intended reduce the regulatory burden on businesses and maintain or enhance public safety. Plant owners have the option to comply with the current regulation or opt-in to one of the safety paths outlined in the alternate rules.
TSSA is seeking your feedback through this online survey of the alternate rules.
Who is the focus of this consultation?
Anyone concerned about public safety can participate. Some of the key stakeholders we are seeking input from include:
- Operating engineers
- Plant owners and users
- Industry stakeholders that use plant technologies such as boiler, refrigeration, compressor operations and steam prime mover technologies
TSSA is reaching out to stakeholders to gather feedback on the clarity and the application of the alternate rules to industry and operating engineers. The survey below includes specific and open-ended questions and closes May 19, 2020.
COLLECTIVE BARGAINING ONTARIO: INTERACTIVE ANALYTICS
Collective Bargaining Ontario provides neutral collective bargaining information and resources for use by the labour relations community, the public and all levels of government. Developed by the Ontario Ministry of Labour, Training and Skills Development, this website features resources and tools that provide labour relations information and trends in Ontario via interactive graphs and charts, searchable databases and reports. These resources are aimed at supporting successful collective bargaining and a stable labour relations climate by providing access to open and transparent information. Access the interactive reports here: https://www.lrs.labour.gov.on.ca/en/ca_data_hub.htm
LOCAL 772 NEWSLETTER
Catch up on all of the latest news and events!
Autumn 2019 (English)
Autumn 2019 (French)
LOCAL 772 CONTINUES TO DELIVER ON TRAINING
Local 772 provides an all-encompassing training session for Shop Stewards that includes the grievance process, arbitrations and human rights with guest speakers.
Any Stewards interested in attending an upcoming session that have not attended a previous session are asked to contact us at 905-527-5250 (Hamilton) or 613-748-0546 (Ottawa).
GENERAL MEMBERSHIP MEETING
The next General Membership Meeting will take place on May 1, 2021 at 4:30 PM via Microsoft Teams.
These meetings are an important forum for our membership to discuss critical issues and are an opportunity to learn about the Local’s initiatives and business strategy for the next six months.
ONTARIO'S NEW WAGE CAP LEGISLATION
On June 5, 2019, the Ford Government introduced Bill 124 – the Protecting a Sustainable Public Sector for Future Generations Act, 2019. If passed, Bill 124 would impose a series of 3-year “moderation periods” – in the form of salary and compensation caps – on a variety of public sector unionized and non-unionized workplaces. In effect, the bill would eliminate the right of unions to bargain the most important part of any collective agreement — wages and compensation.
WHEN WE VOTE WE POWER CANADA
Like it or not, politics impacts all aspects of our lives. In Canada, we are very lucky to have the opportunity to say who is leading this country. It is your right, privilege, and duty to vote. This October, vote for the leaders who will promote the issues that matter to you. Download the flyer in English here and in French here.
BURSARY & SCHOLARSHIP APPLICATIONS
There is financial assistance available to the dependents of IUOE 772 members who are or will be entering post-secondary education. For more information, please read the applications found at the following links:
Hamilton and District Labour Council Scholarship Application - Please call 905-547-2944 or email email@example.com.
LOCAL 772 NEWSLETTER
Catch up on all of the latest news and events!
Autumn 2018 (French)
UNION MEMBER TESTIMONY
Union Savings is Canada's only not-for-profit, union-run members' benefit program. Over 1,000,000 Canadian union members have discovered the tremendous savings and discounts offered exclusively by Union Savings. Here is a testimonial from a member on the savings they realized going with Union Savings:
“Over the last week I was reviewing home and auto insurance quotes to renew my insurance. I had five quotes including my original Insurance company and RBC. At the end of my review, I went with RBC / Union Savings for a total savings $1700+, for two vehicles and my home. Each of the individual policies were all less than my previous insurer. My coverages were the same or higher and my deductibles were also the same or less. In one particular case, there was substantial savings. In addition to the pricing I also have to say I was provided with very professional and courteous service by two RBC Representatives. They both went beyond the norm to make sure I understood the coverages and that I was getting the best market price. Thought I would share this little good news story and say thank you for the work that you, and the Board, do to ensure the membership have an opportunity to avail of good programs like RBC Insurance. Again thanks!”
Click here to visit the Union Savings website and see all available discounts.
IUOE LOCAL 772 FIGHTS FOR MEMBERS' PENSIONS
On June 5, 2018, members of IUOE Local 772 joined members of other unions including the United Steel Workers, and representatives from the Canadian Alliance of Nuclear Workers, the Professional Institute of the Public Service of Canada, the Canadian Labour Congress as well as NDP MP Scott Duvall to protest in solidarity against the Canadian Government removing nuclear workers from the public service pension.
The government is compromising the pension of 3,400 workers at Canadian Nuclear Laboratories. These are high-skilled workers who signed up with the industry and the risks that come with it because of the good pay, benefits, and pension. In addition to the basic issue of fairness, the government should consider that with CNL on the verge of decommissioning the Pinawa site in Manitoba, it is the wrong time to drive experienced workers away. After leading on workers for well over a year, the government is revealing they were not negotiating in good faith. We are calling on the government to do right by these workers and stand by their pension promise.
39TH ANNUAL GENERAL CONVENTION
On May 6th, the IUOE welcomed Business Managers and Agents from all IUOE Locals across North America to the 39th Annual General Convention in Hollywood, Florida. To view videos featured at the event click https://vimeopro.com/kellycompanies/iuoe-conv-2018. Of particular interest will be the piece on Stationary Engineer Tiffany Rogers as she recounts how becoming a Stationary Engineer has set her up for success. To view photos of delegates click https://www.eleriever.com/iuoe.
WORKING TOGETHER TO PREVENT O.E. SHORTAGE
The TSSA, IPE and IUOE Local 772 are continuing to work to address the looming shortage of Operating Engineers in Ontario. One of the fixes that we can all improve upon is acceptance of OE college students for their practical experience towards their qualifying steam time.
Please refer to the attached letter here for more information on the issue and how you can help.
REGULATORY PROPOSAL REGARDING UPDATES FOR THE OPERATING ENGINEERS REGULATION
The Ontario Ministry of Government and Consumer Services is seeking your input regarding potential amendments to the Operating Engineers regulation (O. Reg. 219/01) under the Technical Standards and Safety Act, 2000. This is the first public step towards renewing the Act & Regulations for Operating Engineers.
The registry allows members of the public to participate in developing regulations by providing comments on regulatory proposals. The ministry will be taking the input it receives into consideration when bringing forward the final regulation for approval. The comment period will close on September 26.
We encourage you to provide feedback on the regulatory proposals available at the following link: http://www.ontariocanada.com/registry/view.do?postingId=24645&language=en
What are the Potential Changes?
The Ministry of Government and Consumer Services (MGCS), in collaboration with the Technical Standards and Safety Authority (TSSA), established a 15-member panel of representative Operating Engineers (OE) stakeholders. The purpose of the industry panel was to make recommendations to government on how to modernize the OE regulation while maintaining high-levels of public safety.
The panel reached consensus on 23 out of the 25 recommendations they proposed, which are aimed at achieving the following key outcomes:
- Reducing undue burden on business
- Encouraging innovation
- Improving regulatory clarity
- Improving regulatory compliance
- Addressing inadequate labour supply
- Modernizing the operating engineer certification system
- Improving public knowledge of the operating engineer profession
Some of the key recommendations the panel proposed include the following:
- The regulation should adopt a risk-based approach to ensure that any regulatory requirements imposed on business are informed by the risk posed by the plant.
- The regulation should include two alternate paths that plants can adopt to achieve regulatory compliance:
- Path 1 (Category-based requirements) – This approach would provide plants with category-based requirements to fulfil based on the risk rating of a plant type. Risk ratings would be developed for different categories of OE plants.
- Path 2 (Site-specific requirements) – This approach would provide plants with an opportunity to develop their own site-specific risk and safety management plan (RSMP). For Path 2, the regulation would identify requirements for what would have to be included in the RSMP, but the onus would rest with the plant owner to develop a plan that provides sufficient evidence to prove that the plant would be able to maintain the acceptable risk-level.
- TSSA and the ministry should consider opening up other avenues to acquire qualifying experience to ensure candidates are able to get the experience required to achieve higher certifications.
The 25 recommendations are contained in the “Operating Engineers Regulatory Review Findings and Recommendations Report”, which is now available on the Ontario Regulatory Registry. We encourage you to provide feedback on all recommendations using the following link: http://www.ontariocanada.com/registry/view.do?postingId=24645&language=en
Read more here.
TSSA SAFETY EXCHANGE VIDEO BLOG
The TSSA’s Director of Boilers and Pressure Vessels and Operating Engineers Mike Adams delivers discussions about new developments and current issues in the BPV/OE sector.
In this episode of Safety Matters, TSSA’s Director of Boilers and Pressure Vessels and Operating Engineers Mike Adams joins host Greg Kerr to talk about new developments and current issues in the BPV/OE sector. Watch the video here: http://www.tssablog.org/archives/5022
TSSA APPROVED OPERATING (POWER) ENGINEER TRAINING PROVIDERS
The TSSA has compiled a list of Ontario providers offering training, examination and certification. Find details here.
IUOE ENGINEER RAISES AWARENESS AND FUNDS FOR CANCER RESEARCH
Allan Hager, Maintenance Engineer at the University of Ottawa does his part in raising money for cancer research. Besides giving all his hair, a pizza lunch with the Engineers also raised money in support of Allan shaving it all off. In total, over $30,000 was raised at the University!
IUOE supports co-op students and apprentices in training the new generation of Operating Engineers!
POWER ENGINEERING RECRUITMENT VIDEO
The TSSA had a real concern – a critical shortage of power engineers which meant shutting down vital components of our society. So a recruitment video was produced that would be shown to high school students across the province to show our young audience what a power engineer really does in an informative, dynamic, and relevant way. View the video here.