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Provincial Lottery

Corporation

Memo
To: Gaming Employees Union
From: Provincial Lottery Corporation, Management Bargaining Team
Date: April 1st, 2016
Re: Asking Package
The Provincial Lottery Corporation proposes that the current collective
agreement be renewed with the following changes and additions:
Hence forth the Provincial Lottery Corporation will be referred to as
management and the Gaming Employees Union will be referred to as the
union.

Article 1 Recognition
Priority 1: Article 1
Shall be amended to provide that section 1.02 be removed from the collective
agreement. With any employees agreement, he or she may fill the role of
supervisor on a temporary basis. Only non-union employees can be shift
supervisors

Priority 2: Article 1
Shall be amended to provide that the employees who cover supervisory roles
acknowledge and accept that within that time fame they will not pay out
union dues or accumulate seniority. The employer agrees to give non-union
employees priority to fill these supervisory positions. There will be a
maximum number of hours per pay period a union employee may operate in
a supervisory capacity, as to not over utilize union members.

RATIONALE:
This will prevent discontent of union workers who fill supervisory roles, yet
continue to pay union fees. It will also prevent discontent from other union
workers who feel that seniority should not be accumulated during this time.
Union employees who fill management roles can cause conflicts of interest,
they are only in this position on a temporary basis but can become privy to
conversations that are confidential to management. This also prevents future
grievances from employees acting as temporary shift supervisors.

Article 3 Management Rights


Priority 1: Article 3
Shall be amended to provide that management will deliver all amended
policies, procedures, and legislative changes to the union post
implementation. Management reserves the right to terminate any employees
without just cause if all appropriate legal requirements are met.

Priority 2: Article 3
Shall be amended to provide that the union will continue to acknowledge the
right of the employer to manage the operations of their business without
union approval. Going forward, the employer will not require approval from
the union for changes in policies or procedures prior to implementation
regarding operational functions such as: managing the business, maintaining
order and efficiency in the facilities, and determining the location of facilities,
or any legislation changes that are required to be implemented, such as
minimum safety standards. Management reserves the right to establish rules
and policies to protect its viability through absenteeism policies, schedules
for employees, and by updating or discontinuing the use work equipment.
Management will seek union approval for any policy changes that affect work
being performed by the employees.
Management will also reserve the right to terminate any probationary
employees, even without just cause. Management reserves the right to hire,
assign, discipline, lay off, transfer, and terminate employees without prior
union approval.
Article 3, management rights is our number one priority interest. It
is the only clause in the collective agreement that provides
management their rights to operate their business without union
interference. However, the clause in the collective agreement
currently does not support management rights, as it is intended.
This clause also has the largest affect over our operational
effectiveness and efficiency and management needs to be able to
operate their day to day operations without union approval.

RATIONALE:
As long as management complies with legal requirements, common law, and
all relevant legislation, management obtains the right to make changes to
their business to establish operational efficiency. The management rights
clause is the one clause meant to protect the interests of the management
and currently their interests are not being supported. Some control must be
relinquished back to management. The function of the union is to make sure
that their members rights are being protected and not interfere with business
operations. Just as the management must establish reasonable rules and
protect its business interest. Taking these rights away from management
causes the employees to lose respect for authority within the organization
and more grievances may occur as a result.

Article 8 Grievance Procedure


Priority 1: Article 8.01
Shall be amended to provide that Step IV of the grievance process allows for
voluntary mediation, in substitution for arbitration. The timeline prescribed
for this mediation will be 14 calendar days.

Article 8.02
Needs to be removed on condition Article 8.01 is amended.

Article 8.03
Shall be amended to state that both union and management will share the
cost of accommodations and refreshments for mediation.
Article 8, the grievance procedure is our second priority interest
because this means saving money for both management and the
union. It also means being in the position to hear a neutral 3rd party
and not having the pressure of accepting their recommendations.

RATIONALE:
If the collective agreement allows for mediation, then it allows for increased
agency for management and union. No one solution is forced upon either side
in mediation. Both sides may hear recommendations from a neutral third
party that allow for the option to choose if the recommendations are in their
best interests. This process also ensures that the information does not
become public record, which will maintain the integrity of both the employer
and the union. This will save costs and provide for a quicker solution to any
outstanding issues, which will still allow both parties to present all relevant
information, and come to an agreement that will best suit both parties. The
mediation process may also assist in mending the relationship between the
employer and employee/union, in coming to a solution, and moving forward.

Article 10 Seniority

Priority 1: Article 10
Shall be amended to provide that section 10.04 be replaced with a
mechanism that does not violate the employees human rights. The
amendment will state that if two employees have the same start date their
seniority will be determined by the last four digits of their Social Insurance
Number (in order of lowest to highest).

RATIONALE:
Going by the Social Insurance Number does not infringe on the employees
human rights by revealing their age. There is precedent in other collective
agreements of the use of this method to determine seniority. (ex. Michigan
government collective agreement)1

Article 11 Job Posting


Priority 1: Article 11
Shall be amended to provide that all vacant positions will be posted for 3
calendar days and applications will be submitted to the employer within 3
days of being posted.

Priority 2: Article 11
Shall be amended to provide that all vacant positions will be posted for 4
calendar days and applications will be submitted to the employer within 4
days of being posted.

RATIONALE:
This will create a quicker turn around to resolve the shortage of workers due
to the amount of employees giving little to no notice when resigning. This will
also result in a better staffed schedule. This will eliminate the concerns
relating to shortages in staffing.

Article 14 Uniforms
Priority 1: Article 14.02
Shall be amended to include that employees are required to take proper care
of their uniforms, and to ensure that they maintain a professional and tidy
appearance. The employees agree that the uniforms will not be worn off-duty,
and only worn while working on the premises. In exchange for the employees
1 http://www.michigan.gov/documents/ose/Article_13_379373_7.pdf

agreeing to the above terms, management agrees to cover 50% of the first
uniform. All subsequent uniforms must be paid for by employee. In regards to
maternity wear uniforms, modifications are the responsibility of employee. If
they require assistance, it is recommended that the union act in good faith
and provide 50% of the cost of the first uniform.

Priority 2: Article 14.02


Shall be amended to include that employees are required to take proper care
of their uniforms, to ensure that they maintain a professional and tidy
appearance. The employees agree that the uniforms will not be worn off-duty,
and only worn while working within the premises. Management will provide
one uniform on the employees first day and all subsequent uniforms will be
paid for by employees. In regards to maternity wear uniforms, modifications
are the responsibility of employee. If they require assistance, it is
recommended that the union act in good faith and provide for the cost of the
first uniform.

RATIONALE:
The employer will compensate for a percentage of the uniform in exchange
for the agreement that it will be kept in a professional and tidy manner. Also
the employer acknowledges that employees may not be in the position to
provide the upfront costs for the uniform form the onset of employment. If
management are helping to alleviate a percentage of all standard uniform
costs, it is recommended that the union also helps alleviate the costs of
maternity wear.

Article 15 Vacation
Priority 1: Article 15
It is recommended that Article 15 remain unchanged.

Priority 2: Article 15
Shall be amended to provide employees with vacation after completing their
3-month probationary period, at a rate of 4%. The employees do not have to
wait until the next calendar year to receive their vacation entitlement.

RATIONALE:
We are keeping with our legal requirements as laid out in the Employment
Standards legislation of Nova Scotia. This could help relieve the absenteeism
and turnover issue. Employees may be more inclined to schedule a vacation
day, for the day before and after a long weekend, instead of just waiting for
that day to call off.

Article 17 Bereavement
Priority 1: Article 17

Shall be amended to provide the employees with 5 unpaid days


bereavement leave as required under Nova Scotia Legislation.

Priority 2: Article 17
Shall be amended to provide employees with 5 unpaid days of bereavement
leave. Any subsequent days required by an employee, may be claimed as
vacation or sick time (if available to the employee). Furthermore, we will
extend the definition of a family member to include: spouse, parent,
guardian, child/child under their care, grandparent, grandchild, sister,
brother, mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-inlaw, brother-in-law, or foster family.

RATIONALE:
This provides the minimum requirements as well as some additional leniency
for the employees with travel or other requirements. This will also increase
morale and can encourage attendance and retention.

Article 18 Maternity Leave


Priority 1: Article 18
Shall be amended to provide that the management will not force maternity
leave, but offer the employee the option of modified work schedule. This may
include keeping the same hours but in shorter shifts. For example two shifts
at four hours but one a morning and one an evening shift. Once the maternity
leave is up, management is willing to continue to offer Flexible hours upon
return from Maternity Leave. This is under the condition that employees will
schedule appointments outside work hours, to train their temporary
replacements, and pay for the modifications to their uniforms.

Priority 2: Article 18
Shall be amended to propose longer maternity leave if the employee takes
the leave when the pregnancy interferes with work. This is an option the
employee may choose and it is in no way forced upon them. This is under the
condition that employees will schedule appointments outside work hours, to
train their temporary replacements, and pay for the modifications to their
uniforms.

RATIONALE:
This will help in the recruitment and retention of employees. If women see
they have more control over their schedules this will mean more women will

want to apply and stay. Offering flexible hours upon return allows for
continued mother/child bonding. Asking the employee to follow the simple
requirements will reduce work interruptions, save on training costs, and cut
costs to employer.
Both sides get what they want. Asking the employee to follow the simple
requirements will reduce work interruptions, save on training costs, and cut
costs to employer.

Article 23 Overtime
Priority 1: Article 23
Shall be amended to provide employees, who work a minimum of 4 hours
overtime, with a $12.00 meal allowance for the casino restaurant. The
employee is required to use this compensation by the completion of their
shift.
12.00 meal allowance for a minimum of 4 hours of overtime
18.00 meal allowance for a minimum of 6 hours of
overtime

Priority 2: Article 23
Shall be amended to provide employees, who work a minimum of 3 hours
overtime, with a $12.00 meal allowance for the casino restaurant. The
employee is required to use this compensation by the completion of their
shift.
12.00 meal allowance for a minimum of 3 hours of overtime
16.00 meal allowance for a minimum of 4 hours of
overtime

RATIONALE:
This will encourage the employees to work overtime since they will receive
adequate meal compensation. It does not need to be complete meal
compensation as it is not the employers responsibility to cover the full cost
of a meal. This is averaged at $3.00 per hour for our first offer and $4.00 per
hour for our second offer. This will help with voluntary overtime sign up and
entice employees to work more overtime.

Articles 29 and 30 Wages and Term of Agreement


Priority 1: Article 29 and 30
Shall be amended to provide that the collective agreement will be renewed
for 4 years and there will be a wage increase of 2% in the first year and 1% in
the following years.
Priority 2: Article 29 and 30
Shall be amended to provide that the collective agreement will be renewed
after 4 years and there will be a wage increase of 2% in the first year and 1%
in the preceding years. The COLA adjustment will be provided to only those
full-time permanent employees.
Priority 3: Article 29 and 30
Shall be amended to provide that the collective agreement will be renewed
after 3 years and there will be a wage increase of 3% in the first year and 1%
in the preceding years.
RATIONALE:
The first offer is the most reasonable and offering the COLA will make the
agreements more attractive to the union. The package is fair, and keeps in
line with inflation rates over the last 5 years, at an average of approximately
1.4% annually.

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