Bargaining Update # 21 - April 5 2011
Posted 2011-Apr-5

In April 2010 Delegates from around the Country met in Kelowna, B.C., to approve the Bargaining package put forward by your Bargaining Committee.

  Delegates approved a clear and focused package developed from over 600 resolutions that were put forward by all Locals.  The Union and the Company have had 45 face-to-face meetings since July 26, 2010.  The balance of the Union Bargaining Committee’s time has been spent doing research, preparing for face-to-face meetings, reviewing tabled documents and Company proposals and statements, and consulting with professional advisors.  We have discussed every bargaining proposal at least three (3) times.

The parties have initialed a small number of items subject to an overall tentative agreement being reached.  Each party has removed some of their original proposals from the table.  There has been some movement from the parties’ initial positions while working toward common ground.

On April 1, 2011, the Company tabled a comprehensive response to the Union’s proposals.  They have clearly indicated their intention to have a tentative agreement in place by April 15.  However, it is the Union’s position that there is no deadline to achieve a renewed Collective Agreement.  Both parties are currently available for face-to-face meetings seven (7) days a week.  There are still many issues to be resolved including some which may have a major impact on members.

In order to facilitate open and productive dialogue at the bargaining table the parties have not communicated details of the negotiations outside of the bargaining room.  This is a common negotiating strategy and is used to prevent bargaining in the media, on the shop floor, as well as discouraging speculation by members and management.  We have now reached a critical point in negotiations where it is important that the membership is aware of each party’s proposals.   Bargaining is a fluid process and the parties’ positions have been modified since bargaining began and will continue to evolve as bargaining progresses.

Your Bargaining Committee appreciates your solidarity and support while we continue to work towards achieving a renewed Collective Agreement.  As we stated on the first day of bargaining:

    “TWU members want progress on some basic and important points.  They expect to see their work, themselves, and their Union respected and valued by the corporation.  They expect to be fairly rewarded for their work.  They demand increased equality of working conditions, rights and opportunities.  They must have improved ability to control their work life balance in areas of work scheduling, vacation scheduling, and other work arrangements.”

Below is a summary of outstanding issues:

Summary of Outstanding Issues

Article 1: Scope

•    The Company has a proposal regarding the definition of the Union bargaining certificate.  The bargaining certificate defines what work is included in the Bargaining Unit.  The Company has requested the Union withdraw from the second Vines process and the CIRB; the Union believes 46 job titles should be included within the Bargaining Unit.  If the Union is successful this would result in the return of this Bargaining Unit work to our membership.

Article 2: Definitions

•    The Company has a proposal to create a category of employment to engage former Telus team members who have retired (either on deferred pension or on pension); this category of employment would be excluded from many of the benefits provided to other Bargaining Unit members.  The Union feels that these members can continue to be employed as Temporary employees as they are now.

•    The Company has a proposal to delete RPT Contracted Hours.  The Union disagrees.

Article 8: Management Rights

•    The Company has a proposal to allow corrections of “minor” deficiencies on customer premises being completed by managers in the normal course of their duties.  This work is currently being performed by Bargaining Unit members and the Union is concerned this proposal would lead to further erosion of Bargaining Unit work.

•    The Union has a proposal to limit Bargaining Unit work done by managers.

•    The Union has a proposal to create a new Article that would ensure changes in standard practice instructions shall be the subject of negotiation between the parties during the life of this Agreement.

Article 9: No Strikes or Lockouts


•    The Union has a proposal that the Employer shall not require any employee to cross the picket line or to accept any product, goods, or services to any person, or employees of any person with whom a union has a picket line around or against, or to deliver any product, goods, or services to any person, or employees of any person with whom a union has a picket line around or against.

Article 10: Just Cause


•    The Company has a proposal that the requested presence of a Union representative may be by way of teleconference where a Union representative is unavailable in the same work location as the employee.

•    The Company has put forward a proposal regarding union representation during investigative meetings.  The Union believes it is a fundamental right to provide full representation to each of you in a potentially disciplinary situation.

Article 11: Grievance Procedure

•    The Union has a proposal to remove the requirements that the grievor attend Step 1 of the grievance procedure and replace with a designated representative at the Union’s discretion.

•    The Company has put forward a proposal to provide that grievance meetings at Step 1 will be conducted by telephone or videoconferencing unless the parties agree otherwise.

Article 14: Wage Administration


•    The Union has the following proposals:

o    To provide an across-the-board wage increase for all Bargaining Unit employees, in each year of the Collective Agreement.  We have not yet proposed a specific amount.  The Company proposes a percentage based wage increase.

o    All Bargaining Unit employees shall be covered by step-by-step wage schedules.  The Company proposes to maintain the current styles of wage progression.

o    Ensure that no employee is prevented from reaching the highest step within their wage schedule

o    An employee who is permanently assigned to a lower paying position will have their wage red-circled.

Article 15: Health and Safety

•    The Union proposes the existing VDU break apply nationally.

Article 16: Holidays

•    The Union has proposed the following paid holidays to apply nationally: New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, B.C. Day (BC only), Civic Holiday (AB and ON only), St-Jean Baptiste (QC only), Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day.

•    The Company has proposed to change the language in the eastern appendices concerning holidays that fall on a Sunday (and when Boxing Day falls on a Monday) to be treated in the same way as holidays that fall on a Saturday.  The Union disagrees.

•    The Company has proposed that the Float Holiday apply only to regular full-time in the west and term employees (COS). The Union disagrees.

•    The Union proposes to modify Article 16.07 to include the option that if the employee so chooses, and provided the employee works the basic hours of work for the day, to be granted another day off with pay at a time convenient to both the employee and the Company.

Article 17: Annual Vacations

•    The Union has a proposal to increase existing vacation entitlement for all employees.

•    The Company has proposed to modify the vacation decrementing process outlined in section 17.05 by aligning with the provisions contained in the eastern appendices. (In some cases this would result in a greater reduction of vacation entitlement for employees absent or on leave of absence from work.) The Union disagrees.

•    The Company has proposed changes to the vacation scheduling process (sections 17.07 – 17.10) with respect to such items as the bid process, start and end dates, treatment of the week containing January 1, etc.  Revise the minimum percentage of employees allowed off at any one time to 20% (based on active headcount).  Upon close of the vacation bid, confirm that any unscheduled vacation will be scheduled by management; vacation to be banked before March 15.  Subsequent modifications to the vacation schedule must be mutually agreed to by the employee and management. The Union disagrees.

•    The Union proposes to modify 17.06 such that all Regular employees are entitled to bank vacation while removing restriction “to be taken immediately prior to retirement or, at another time with the approval of their manager, which will not be unreasonably withheld.” We have further proposed to modify 17.07 to include banked vacation in the 20% and remove option of rounding down. Article 17.08 removed limitation of only being able to schedule three weeks of vacation in the summer until all employees on the vacation schedule have selected one period.  We have also proposed to remove the words “with the approval of management,” from Article 17.09 with regard to employees being able to split their vacation periods into increments of less than one week.  In addition, we have proposed to add the language, “Banked vacation selection shall be scheduled secondary to PDO selection prior to December 15 and March 31 although it is understood that later additions or changes can be made by mutual agreement,” to Article 17.10.

•    The Company proposes to revise section 17.12 to permit the on-line posting of vacation schedules. Currently under discussion.

Article 18: Personal Days Off

•    The Union proposes to remove restriction of scheduling PDO’s only Monday to Friday.

Article 19: Hours of Work and Scheduling (Not Applicable to Operator Services)


•    The Company proposes to allow for the scheduling of ‘broken’ or ‘split’ shifts within all appendices. The Union disagrees.

•    The Company proposes language providing greater scheduling flexibility (sections 19.03 and 19.07), including staggered shift start times.  Provided that basic hours need not be assigned on consecutive days in a calendar week.  Discussion on scheduling arrangements also to include operations east of Alberta.  The Union disagrees.

•    The Union proposes schedules be posted by the elected Schedule Committees.

•    The Union has proposed to increase the notice of change to the employees posted schedule from five (5) to ten (10) days. 

•    The Union has proposed to change Article 19.09 to, “An employee will be paid an hourly differential of $2.00 for each basic hour, or portion thereof, worked in the period from 6 p.m. of one day and prior to 7 a.m. of the following day.”  Change to be reflected in A5.01. Currently under discussion.

•    The Company is proposing to limit Sunday and Saturday Scheduling, Article 19.10(a) to “Regular Full-Time,” employees while deleting 19.10(b) and 19.10(c).

Article 20: Overtime

•    The Company has a proposal to limit who is eligible for double time overtime.

•    The Union has proposed that all overtime be at twice the employees’ rate of pay, nationally.

•    The Union has proposed to eliminate mandatory overtime and that all overtime be done by volunteers by seniority.

•    The Company has proposed to modify sections 20.08 and 20.09 to include language to define and compensate for call-outs that do not require the employee to physically report to a Telus work location. Currently under discussion.

•    The Union has proposed to increase the meal allowance in Article 20.12 and 20.13. Currently under discussion.

•    The Union has proposed to increase the length of rest period in Article 20.14 and Article 20.15.

•    The Union has proposed to modify Article 20.20 so that requests for VO time will not be denied or deferred, provided the provisions of Article 17.07 have not been exceeded; in addition change the Company’s right to schedule days off back to 75 hours from the current 37.5 hours.

•    The Company wants to eliminate banking provisions for VO, holiday and Sunday premiums. The Union disagrees.

•    The Union has proposed changes to Article 20.22 to reflect “scheduled vacations, PDOs, and banked vacations shall take precedence over V.O. time.”

•    The Union has proposed an increase to the hours in Article 20.25, “An employee shall receive payment, at the year end, for any V.O. time accumulated and outstanding in excess of the equivalent of 75 hours.”

Article 21: Headquarters


•    The Company has proposed to delete Edmonton and Calgary as exceptions in sections 21.02 and 22.07(b) (and modify Headquarters Areas Attachments as required). The result would be one Edmonton Headquarters area and one Calgary Headquarters area.

Article 25: Transfers and Change of Assignment

•    The Union has a proposal to limit Article 25 to temporary assignment only, 60 day time limit and that seniority will be given major consideration. 

Article 26: Job Posting Procedures


•    The Union proposes to increase the length of time jobs are posted from 10 calendar days to 10 working days and that seniority be given major consideration.

Article 27: Transfer Expenses

•    The Company has proposed to delete the provisions of section 27.01(b) related to relocation costs where the move is a result of the acceptance of a job posting. Currently under discussion.

Article 29: Contracting Out

•    The Union proposes a new Article 29.03, “The Company will meet once a month with the Union Contracting Out Committee to review and discuss information concerning its ‘contracting out’ practices.”

•    The Union proposes a new Article 29.04 stating, “Any work contracted out shall go to a recognized Union firm.”

•    The Company proposes to modify the Contracting Out Letter of Agreement to allow the Company to place an employee, whose job is contracted out, into any other job.

Article XX: Offshoring

•    The Union has proposed Offshoring language similar to the current and proposed Contracting Out language.

•    The Company proposes to add offshoring as an item to be discussed at the Common Interest Forum.

Article 34: Sickness or Non-Occupational Accident Disability Absence,
Article 36: Provincial Health and Extended Health Benefits,
Article 37: Dental Plan &
Article 38: Life and Long Term Disability Insurance Plans


•    The Union proposes the current language in the Master apply nationally.

•    The Company proposes to introduce Flex benefits for employees in the west.

•    The Union proposes to modify Article 38.03, to provide for mandatory enrollment to the Telecommunication Workers Benefit Plan (TWBP) for all new hires. Employees wishing to withdraw may do so by providing written authorization to the Company to discontinue payroll deductions.  

Article XX: Pensions

•    The Union proposes, “The Provisions of the Memorandum of Agreement Pension Plan for Employees in British Columbia (page 177) will be included in the Master Section of the Agreement; and, the terms of the Memorandum of Agreement Pension Plans (page 182) will be included in the Master Section of the Agreement.” The Union further proposes, “Bargaining unit employees not covered by the TWPP, TEPP, or TCPP to be covered by a negotiated, Registered, Defined Benefit Pension Plan jointly trusteed by the Union and the employer and funded by contributions by the employer and each employee. The new plan to be referenced in the Agreement.”

•    With regard to TWPP, TCPP and the TEPP, the Company proposes “that existing employees be grand-parented under their current pension arrangements in BC and AB, and that on the effective date of the Collective Agreement all new hires in BC and AB, except those hired in COS, will be covered by the terms of Telus’ Defined Contribution (DC) pension plan.  Employees hired under the Memorandum of Agreement – Competitive Operator Services will be eligible to participate in the RRSP Matching Program.” The Union disagrees.

Article XX: At Home Agent/Work Styles


•    The Company proposes to review the Telus Work Styles Program which they propose to make available to bargaining unit employees not covered by the existing At Home Agent Program.  The ability of the Company to offer such programs to bargaining unit employees would be confirmed in an article in the Master section of the Collective Agreement.

•    The Union has proposed Collective Agreement language to cover At Home Agent and the Work Styles program modeled on Home Dispatch language in Appendix B.

Appendices:

•    The Union proposed that more of the provisions of the Master Section of the Collective Agreement shall apply to all bargaining unit employees.

•    The Union proposed to reduce the number of appendices to five (5): appendices A – Integrated Operator Services, B – Plant Division, C – Clerical Division, 4- Technology Operations East, 5- Customer Sales Service and Support East. Appendices to be renumbered or renamed as appropriate. 

•    The Company proposes a Plant/Clerical/Retail Operator Services West appendix (A), a Plant/Clerical East appendix (B) and a COS appendix (C).

•    The Company proposed the re-titling of the appendices to more accurately reflect job purpose.

•    The Company proposes where appropriate to consolidate and re-title existing job titles. Currently under discussion.

Appendix A: Integrated Operator Services


•    The Company proposes that Appendix A (retail) be included in their proposed Appendix A (Plant/Clerical/Retail Operator Services West).  In addition, the Company proposes there be a new appendix created (Appendix C) for COS. They intend that Retail Operator Services work be done under these provisions. The Company has proposed transition arrangements for employees covered by the current Appendix A.

•    The Union has proposed employees covered by the COS Memorandum of Agreement be included in Appendix A.

•    The Company proposes that French language Operator Service traffic calls are not covered by the bargaining unit.

•    The Company proposes to reflect that any required termination of employment will be done by inverse order of seniority within each COS office.

•    The Union proposes that employees may trade or have any part of their shift covered following the guidelines in the mutually agreed on “Shift Trades and Coverage” policy.

•    The Union proposes that the Company will meet with the Union during the 4th Quarter of each year to discuss future staffing requirements in Operator Services. This will include any issues relating to staffing, such as: future services, new technologies, vacancies and locations, yearly call volumes and use of Temporary employees.

Appendix B:

•    The Company proposes to allow for the expansion of standby pay into Wireless network maintenance and repair and Broadcast and TV maintenance and repair in addition to current list in B3.06(a). Currently under discussion.

•    The Company proposes the introduction of a voluntary unit based pay model for Communication Technicians.  This proposal also applies to certain Plant occupations east of Alberta. The Union disagrees.

•    The Company proposes the Electrician job title be restricted to incumbents only. Currently under discussion.

•    The Company proposes to add a new job title of Senior Wireless Network Technician. The Union disagrees.

Appendix C:

•    The Company proposes to modify the language in sections C4.01 and C4.02 (Job Evaluation) to reflect the activities which have already occurred. The Company’s position is that the training in C4.01 has been done and that the copies of job profiles and wage group assignments in C4.02 have been provided.

•    The Union has proposed to change C4.01 to, “The Company will provide the Union with a copy of the job evaluation plan document and training to four (4) Union designated representatives on the application of the plan. This job evaluation plan applies to jobs listed in Attachment C-1. Any changes to the job evaluation plan document will be discussed prior to implementation. (a) The Company and the Union will form a joint committee who will review new job classifications prior to the implementation and re-evaluations during the review procedure. (b) The job evaluation committee shall be comprised of 4 members, 2 appointees from the Union, and 2 from Human Resources. The committee shall reach a decision on all matters. And (c) Any changes to the job evaluation plan document will be agreed by the joint committee.”

•    The Union proposes to modify C4.04, “In the event that a review results in the downgrade of a job, the incumbents in that classification shall not have their wage rate lowered but shall maintain their wage rate and continue to receive all negotiated wage increases for as long as they remain in that classification.”

•    The Company proposes to have Computer Operator II (CCC), Computer Operator II (IBM) and Computer Console Operator job titles restricted to incumbents only.  Currently under discussion.

Appendices E, F, G and H:

•    The Company proposes to consolidate applicable provisions from appendices E, G, H, eliminate Appendix F. The Company proposes that any such consolidation of provisions be done in a manner that will be cost neutral.

•    The Union proposes to reduce the number of appendices to five (5): appendices A – Integrated Operator Services, B – Plant Division, C – Clerical Division, 4- Technology Operations East, 5- Customer Sales Service and Support East.

•    The Union proposes to ensure no bargaining unit members rights are negatively impacted by the reduction of the number of appendices.

•    The Company proposes to add a new job title of Switch Specialist SR.  The Union disagrees.

Settlement Letters Of Agreement:


The Company proposes a number of settlement letters of agreement:

•    Dismissal or Withdrawal of Outstanding Proceedings; update and renew.
•    Settlement of TWU Pay Equity Complaint; update and renew to reflect current status.
•    Voluntary Departure Program to be offered to Employees Affected by Specific Office Closures in 2006 and the Outsourcing of Specific Non-Core Functions; update and retain section E only. The Union has proposed to continue all the necessary and relevant portions of this letter. 

Memoranda of Agreement:

Following is a list of MOA’s that the Company would like to create, modify and/or renew. These are under discussion.
•    New – Memorandum of Agreement – Understanding on jurisdictional issues related to the SQET certification
•    Performance Bonus (variable pay)
•    Compressed Work Week
•    Averaging Hours of Work
•    Market Based Compensation
•    Mergers, Acquisitions and Divestitures
•    Collective Agreement Terms Applicable to Employees Added to the Bargaining Unit Mid-Contract
•    Go East Application
•    Transition Issues (p197)
•    Annual Compensation Adjustments (Appendix E, G, H)
•    RRSP Matching Program (Appendix E, F, H)
•    Transition Issues – Former Clearnet Employees in BC and Alberta
•    Telus Mobility (Appendix E) – Collective Agreement Terms Applicable to Potential Inclusion of Additional TELUS Mobility Employees as a result of CIRB Interim Order Dated April 25, 2005 and/or added to the Bargaining Unit Mid-Contract
•    Telus Mobility Retail Stores Organization East of Alberta
•    Transition of BC and Alberta-based TELUS National Systems Inc. Employees to appendices B and C of the Collective Agreement (January 4, 2008)
•    Hours of Work and Scheduling (TNS)

Following is a list of MOA’s that the Union would like to modify and/or renew. These are under discussion.
•    Compressed Work Week
•    Voluntary Severance Programs

Letters of Agreement:

Following is a list of LOA’s that the Company would like to modify and/or renew. These are under discussion.
•    Contracting Out
•    Common Interest Forum Meetings
•    Employment Equity
•    Plan.It Benefits (TNS, TSS, F)

Following is a list of LOA’s that the Union would like to modify and/or renew. This is under discussion.
•    Job Share

Letters of Intent:

Following is a LOI that the Company would like to modify and/or renew. This is under discussion.
•    Vacation (TNS, TSS)
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This document is not intended to be a detailed record of the precise proposals or Collective Agreement language put forth by either the Company or the Union (the parties). It is the Union’s description of our understanding of the parties’ current positions.

We expect that there will continue to be changes in each party’s positions as we work toward a tentative agreement.

This document is without prejudice to either party’s position.

We will continue to update you as bargaining progresses.


In Solidarity,

Your Bargaining Committee