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Newsletter: June 2016 Issue






April 20, 2016 20:08 ET

CUPE heralds major court victory in Bill 115 charter challenge

TORONTO, ONTARIO--(Marketwired - April 20, 2016) - CUPE's 55, 000 education workers are lauding a significant Ontario Superior Court victory, after several unions challenged the constitutionality of Bill 115. The court challenge was filed in 2013 after Bill 115 stripped workers in the education sector of their rights to bargain collectively. The challenge was postponed in 2014 at the request of the province, and resumed in December, 2015.

"CUPE's position has always been that Bill 115 violated our basic Charter rights," said Terri Preston, chair of the union's education sector coordinating committee. "We saw it as a threat to all Canadian workers, and we couldn't let it pass unchallenged. The court validated our position that this Bill was a gross overreach that trampled basic freedom-of-association rights."

"After this lawsuit was initially filed, the Supreme Court of Canada (SCC) ruled in the Saskatchewan Federation of Labour case that workers have a constitutional right to strike," said Fred Hahn, president of CUPE Ontario. "CUPE was a lead union on that SCC case, and victory there gave us great confidence in our case here. We are thrilled the Superior Court has agreed that the government's approach to collective bargaining was 'fundamentally flawed'."

Significantly, in his ruling Justice Lederer wrote that the impact of this flawed piece of legislation was "not just on the economic circumstances of education workers but on their associational rights and the dignity, autonomy and equality that comes with the exercise of that fundamental freedom."

"This couldn't send a clearer message to governments that they ought not interfere in free collective bargaining," said Preston. "It's a terrific ruling for education workers in Ontario and in building on the existing case law, for all Canadian workers."

Justice Lederer made no ruling on remedy, obliging the parties to meet to try and reach agreement. If agreement is not reached on remedy, the matter will be referred back to him. "We will meet with the other unions with whom we engaged in this court challenge to discuss what we want to see by way of remedy," said Hahn. "We will continue to work together to preserve basic collective bargaining rights. We call on the Liberal government to accept this ruling and put any thought of a costly appeal out of their minds. Now they must spend time, energy and resources on remedy, and on strengthening the public education system in Ontario."

The parties to the challenge, alongside CUPE, were the Elementary Teachers' Federation of Ontario (ETFO), the Ontario Secondary School Teachers' Federation (OSSTF), and the Ontario Public Service Employees' Union (OPSEU). UNIFOR also had intervenor status.

CUPE represents 55, 000 education workers in Ontario, including custodians, administrative and clerical staff, educational assistants, instructors, tradespeople, early childhood educators, and many more, across all four school board systems (English and French, Catholic and public).

Contact Information

Andrea Addario

CUPE Communications (416) 738-4329

Craig Saunders

CUPE Communications (416) 576-7316


Voluntary Scheduled Unpaid Leave Days

Dear Sisters and Brothers,
The employer has sent notice to our union regarding the Scheduled Unpaid Leave Plan (SULP) Application which is now located in your Employee Self Service. (ESS) Please note that this is voluntary and that the union discourages the use of any unpaid days that the employer is providing. Members who normally work on Professional Development Days   should attend all Professional Development Days in the work year. You are not required to take any days as per the Schedule Unpaid Leave Plan that the employer has provided.

As per the Central Agreement;
Voluntary Scheduled Unpaid Leave Days: (Offset)
 The employer will designate 2 PD days in each of the 2015-2016 school year and
the 2016-2017 years for Employees who wish to take the day off without pay.
The offset measure was established to look at savings within the collective agreement to support the pay increases. Please review the document carefully as Scheduled Unpaid Leave Days are subject to pension contributions. Should you have any questions, please contact the union office at 416 512-9493.
In Solidarity,
Lina Naccarato
CUPE Local 1328

Retirement Gratuity Voluntary Early Payout Option Statement & Application Process

Dear Brothers and Sisters,
Please review the information below regarding the Retirement Gratuity Voluntary Early Payout Option Statement & Application Process . It is now available to eligible members  through the ESS (Employee Self Service). Employees will have the opportunity to apply for an early payout of their retirement gratuity as per the Memoranda of Settlements of Central Terms. Details of the early payout option, including the application deadline, are contained in the links below.
Should you have any questions, please contact the union office at 416 512-9493

In Solidarity,
Lina Naccarato

Award of Merit Nomination Form

AWARD OF MERIT – Nomination Form

In an attempt to recognize and salute the outstanding contribution to the TCDSB from a Local 1328 member, we invite you to nominate one of your co-workers/colleagues for our Annual Awards Event. 

  • Nomination letters should be 200 words or less and should include the reasons your nominee is worthy of recognition by his/her peers.

An independent panel will select: 

  • Two (2) members from Office, Clerical and Technical
  • Two (2) members from School Based Education Support Staff
  • One (1) member from  ESL Instructor
  • One (1) member from ESL Nursery
  • One (1) member from Secondary School Student Supervisors.

The selectees and their staff (limited) will be invited to a special evening on June 2nd 2016 at Montecassino Hotel & Event Venue.

In order to be considered for this award, a completed nomination package must be forwarded by May 13th 2016, VIA COURIER to:

Lina Naccarato, President
CUPE Local 1328



Student Bursaries Application Form


CUPE Local 1328 will present 4 student bursaries to children of CUPE Local 1328 members currently in their graduating year of high school who have been accepted at a post-secondary institute for the Fall to pursue a course of study leading to a degree or a diploma from an accredited University or Community College of their choice.   Recipients will be two females and 2 males.  The bursaries will be $1,000.00 each. 1 male and 1 female bursary will be for University bound students and 1 male and 1 female will be for College bound students.

CUPE Local 1328 will present 2 student bursaries to “students with special education needs” who are children of CUPE Local 1328 members and who have been accepted for the Fall at an accredited University or Community College of their choice. The bursaries will be $1,000.00 each. Recipients will be 1 male and 1 female. 

In addition to the completed application form, please include a personal cover letter outlining the following: 

  • Contributions to the school and/or community that reflect Catholic values
  • Contribution to extra curricular activities
  • Volunteer work within the school and/or community
  • Financial need and/or other personal challenges or obstacles

Overall Application requirements include: 

  • Application form
  • Personal cover letter
  • Evidence of acceptance into a post-secondary institution
  • Two letters of recommendation from the following:  School Principal or designate, employer, departmental head, chaplain, support staff, teacher

The recipients and their families (limited) will be invited to a special evening on June 2nd, 2016 at Montecassino Hotel & Event Venue.

Only completed applications will be considered for this bursary.  In order to be considered for this award, a completed application package must be forwarded by May 13th, 2016 VIA COURIER:

Lina Naccarato, President, 
CUPE Local 1328



Tandia Workshop

Tandia Workshop
CUPE Local 1328 is pleased to present you with two workshops facilitated by Tandia Cooperative Banking

These workshops are approximately 2 hours in duration which include a question and answer period. For further information or questions about these workshops, please contact the union office at 416 512-9493

Please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it to reserve your seat.
Capacity: 40

Planning For Retirement  Wednesday, April 20th, 2016
Location: CEC, Quigley Hall
Time: 6 p.m.

We all want to have a comfortable and secure financial plan for our retirement. How we do it will depend on our own unique situations and outlooks.  Gaining at least a general understanding of what options we can take advantage of is important in planning for retirement, no matter what stage of life we may be currently in.  This interactive workshop will point out some of the important things we need to think about when it comes to retirement while honing in on savings and investment vehicles.  Please come prepared knowing what you know and that’s it!  We have no expectations of you except that you are open to learning at least one new thing by the end of our session.

Introduction To Financial Wellness Tuesday, April 26th, 2016
Location: Cardinal Carter Academy of the Arts: Cafeteria
Time: 6 p.m.

Managing our finances should be easy and even fun! Given that money has been around for centuries, and managing finances has been around just as long – why oh why is managing ones’ finances one of the greatest stressors in our lives?  Is it more than just a plus and/or minus?  Could it be that some other forces are at play – such as our relationship with money and some of the beliefs we have around money and finances?  This interactive workshop touches on a deeper understanding of financial literacy, helps alleviate related anxiety, and provides some high level strategies and techniques that can be easily implemented. Please come prepared knowing what you know and that’s it!  We have no expectations of you except that you are open to learning at least one new thing by the end of our session.

Please note:  we will have door prizes;  handouts and some other goodies for all attendees.

  • CUPE takes supervisory battle to the next step

    CUPE has filed a notice of constitutional question in the cases of three employers who are attempting to unilaterally remove unionized supervisors out of the bargaining unit of their choosing.

    The City of Moose Jaw, the Saskatoon Public Library, and Cypress Hills Abilities Centre are some of the first employers in the province to use new provisions under The Saskatchewan Employee Act (SEA) which allow employers to try to remove workers with supervisory duties from the bargaining unit. A fourth employer, the Regina Public Library, has applied to have similar employees removed from the bargaining unit claiming that they are managers.

    “Working people have the right to belong to the union of their choosing. CUPE will fight any employer who moves forward with attempting to exclude supervisory members with every tool in our tool box, including legal avenues,” said Tom Graham, president of CUPE Saskatchewan. “Filing a notice of constitutional question is the first step in what could be a very lengthy and expensive legal battle.”

    CUPE has serious concerns about the constitutionality of this legislation, as well as the impact the legislation is having on workers.

    “This legislative change is causing a lot of stress and uncertainty for union members who have supervisory duties. People are worried about their job security. They are worried about what will happen to their benefits and wages if they get removed from their bargaining unit. They are worried about what their future holds,” added Graham.

    CUPE believes that removing supervisors from the bargaining unit is completely unnecessary. Many major employers in the province have already signed irrevocable agreements to keep the status quo arrangement, including the Ministry of Health, SAHO, and the Government of Saskatchewan.

    “Saskatchewan is now the only jurisdiction in Canada with this type of legislation. And I can see why,” said Graham. “This legislation is a solution in search of a problem. In my 37 years with CUPE, we have never had a problem with supervisors being in the same bargaining unit as the people they supervise that was not solved through application of the collective agreement.

    “It is in both the union and the employer’s interests to maintain the integrity of the current bargaining unit, rather than create a separate bargaining unit within the local for supervisory employees. The status quo has worked and can continue to work.”

  • CUPE 1989 and Mississauga Library System reach tentative deal

    CUPE 1989, Mississauga Library workers, have reached a tentative agreement with Mississauga Library System which could end an 18-day strike.

    The deal was reached on Thursday evening after both sides returned to the table for two consecutive days of bargaining.

    Workers are expected to vote on the agreement on Monday, July 25.

    CUPE 1989, representing approximately 400 full and part-time pages, library assistants, technicians, and librarians at Mississauga Public Libraries, has been on strike since July 4.

    Details of the agreement are not being released until members have had an opportunity to review and vote.

    Representatives from CUPE 1989 will offer no further comments until after the vote.

    For more information, please contact:

    Laura Kaminker
    CUPE 1989 President

    Matthew Stella
    CUPE Communications

  • NB Auditor General is right: urgent need for a community care services authority, not more P3 nursing homes

    “A comprehensive long-term plan is needed to care for our ageing population and must include a multi-faceted solution involving nursing homes, other long-term care facilities, in-home care, family support or other options to serve New Brunswick seniors.” So says a report by New Brunswick’s Auditor General. While Hospitals operate under health authorities and schools work under districts, nursing homes, home-care and other community care services (CCS) remain rudderless.

    The complete absence of a centralized structure for these key services results in skyrocketing costs for both the users and the government, a patchwork of services and no real quality standards of care.

    “The state of senior care our province reminds me of the decentralized mess that was education and health care before the Equal Opportunity Program of Louis-J. Robichaud,” said Daniel Légère, CUPE NB President. “This government can and needs to organize a provincial public system, a CCS Authority, which would offer quality services, pay employees fairly and prevent gouging seniors’ savings,” he added.The 2016 Auditor General’s Report, released last June, stated that nursing homes are operating at 98% capacity and demand is growing at an alarming rate. Auditor General Kim MacPherson recommended that the Department of Social Development develop : “a comprehensive long-term plan as a starting point in addressing this critical issue.”[1]

    “The lack of a multifaceted strategy for sustainable care and services is costing New Brunswickers an arm and a leg. Private sector health providers are looking to cash in on the decentralized status quo,” said Légère.

    NB has more than 250 CCS providers, most of them being small mom & pop shops. The overwhelming majority of these employers struggle to offer their mostly female workers living wages.

    “I fear the planned P3 nursing home deal in Miramichi reveals more than a bad trend in Atlantic Canada,” said Légère. “Private sector is currently taking advantage of lack of regulation and structure to establish facilities that are the most profitable and do not offer what citizens truly need,” he added.

     “MacPherson has been clear:  more P3s beds are not the solution to the looming senior care crisis. She explicitly stated that there is no proof that public-private model for delivering nursing homes services is more economical. A multi-faceted solution means ending government laissez-faire,” said Légère.

    Numerous Auditor General reports throughout Canada have consistently criticized the P3 mirage. These reports have not only mentioned frequent cost overruns, but stated that they often compromise efficiency, transparency and quality in the name of profitability[2].

    “With our aging population, costs and demand for CCS will inevitably increase. CUPE knows that P3 are not part of a sustainable solution,” said Légère. “I see hospitals, nursing homes and home care as the Health Care Triangle: all three corners have to be public and work in tandem,” concluded Légère.

    [1] 2016 Report of the Auditor General of New Brunswick – Volume I (June 2016):  “A comprehensive long-term plan is needed to care for our ageing population and must include a multi-faceted solution involving nursing homes, other long-term care facilities, in-home care, family support or other options to serve New Brunswick seniors. The solution is not simply to add more nursing home beds to the system.” See…

    [2] Privatization Nation: The Canada-wide Failure of Privatization, Outsourcing and Public-Private Partnerships – Canadian Centre for Policy Alternatives, November 2015.

  • Thousands attend Steinbach Manitoba's first Pride

    CUPE members from across Manitoba came together to march in solidarity in Steinbach Manitoba’s first annual Pride parade and celebration, Saturday July 9th.

    While organizers originally expected roughly 200 participants, Manitobans gathered in numbers estimated between 3,000 and 5,000 to march, cheer, and support the Steinbach LGBTTI community.

    CUPE is proud to have participated in such an historic event,” said Kelly Moist, President of CUPE Manitoba. “CUPE members from across the province came out in support of the community in Steinbach, and it was an emotional and powerful day for us all”.

    Steinbach Manitoba is often portrayed as part of the “Manitoba Bible Belt”, and is considered by many to be a very conservative community. Many local politicians refused to attend or acknowledge Steinbach Pride in the lead-up to the event, with Conservative Member of Parliament Ted Falk indicating his contempt for the event, and Conservative MLA Kevin Goertzen and Mayor Chris Goertzen not in attendance.

    There has also been heated debate within the Hanover School Division over allowing students to organize “Gay Straight Alliances”, anti-bullying initiatives, as well as a policy that prohibits teachers from discussing sexual orientation or gender identity in classrooms.

    Despite these challenges, Steinbach has proven itself to be a strong and welcoming community, with countless residents cheering the parade as it marched by. It was noted that not a single “counter-protest” took place, and the event was a positive, exciting, and empowering experience for everyone.

    “Steinbach is at the forefront of this critical fight for human rights,” said Moist. “Hundreds of CUPE members work in Steinbach and area, and we stand with the entire community to ensure safe and inclusive workplaces for everyone”.