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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.

  • Why is Halifax City Council sending mixed messages?

    CUPE Local 108 representatives have twice requested new dates for negotiations from the employer, Halifax Regional Municipality. Both times the City has refused. Members of the Halifax outside workers’ union want to know why the City’s negotiating team and City Council are sending mixed messages and when will they agree to return to the bargaining table.

    “Why ask for conciliation and then refuse to show up?” asks Todd MacPherson, CUPE representative. “Negotiations should take place at the bargaining table and the City should respect the process.”

    City Councillor David Hendsbee recently told The Rick Howe show listeners that the contract issues need to be resolved “at the bargaining table”. However, in a letter sent to the union this week by the City, chief negotiator Andrea Gillis stated the City prefers the use of an “electronic package” rather than meeting with the union’s negotiations team.

    “It seems that the City’s negotiators think it’s acceptable to conduct negotiations by email. That’s unacceptable treatment of the city’s 350 outside workers and a sign that the City does not take these negotiations seriously,” says Mark Cunningham, president of CUPE 108.

    “In the end, it’s HRM residents that lose out. They pay their city councillors and staff to negotiate these contracts. They should get what they pay for – a fairly bargained contract for city workers, without an interruption to public services.”

    Local 108 maintains its position that they prefer to reach an agreement at the bargaining table, avoiding a disruption of services that may be caused if the employer carries through with the threat of locking out employees.

    “If HRM negotiators are truly serious about reaching an agreement, they will return to the bargaining table,” concludes Cunningham.

    Photo: Halifax Citadel by Taber Andrew Bain, licensed under CC BY-NC 2.0.

  • Muskoka Shores Nursing Home staff call on Wynne to stop turning a blind eye to the crisis in long-term care

    Residents at Muskoka Shores Nursing Home are not getting the level of care they need and the Wynne government continues to turn a blind eye, said staff from the home who held a rally and information barbeque at the Lion’s Pavilion in Gravenhurst on Wednesday.

    “Muskoka Shores provides only three personal support workers for every 60 residents and the staff physically can’t provide the level of care they need,” said Cindy Seaton, President of CUPE 2481 who also works at the home. “It turns out there are no legal requirements for nursing homes to provide a minimum standard of care in this province and our elderly are suffering. This has hit a crisis point and the Premier has to act.”

    For the past two decades the complexity of care needs of long-term care residents – the majority of whom are 85 years of age or older – has increased significantly. 73 per cent of residents have some form of Alzheimer’s or dementia and most need help with feeding, bathing, toileting and getting out of bed.

    “Ontario staffing levels in long-term care are the lowest of any province in Canada,” said Candace Rennick, CUPE Ontario’s Secretary-Treasurer and former long-term care worker. “What’s happening at Muskoka Shores is also happening in homes all across the province. Inaction by the Wynne government is no longer an option.”

    In April, MPP France Gélinas introduced Bill 188, the Time to Care Act (Long-Term Care Homes Amendment, Minimum Standard of Daily Care), 2016, a private member’s bill that, if passed would amend the Long-Term Care Homes Act, 2007 so that long-term care homes will have to provide its residents with at least four hours a day of nursing and personal support services.

    “No one should ever have to sit alone in a room in a soiled adult diaper with no one to respond to their call for help,” said Rennick. “We are calling on the Premier to set partisanship aside and enact Bill 188 so that all long-term care residents can count on the level of care they need.”

    It was more than the barbeque that was fired up at the Gravenhurst wharf after the staff from Muskoka Shores Nursing Home handed out hot dogs and flyers about the crisis in long-term care. People in the community clearly demonstrated their support for legislating a daily four hour minimum standard of care.

  • Help Essex Library workers end the strike

    What are your Councillors doing to end the Essex County library strike?

    Our community’s children, adults and seniors have been shut out of their libraries all summer.

    All 14 library branches of Essex County Libraries have been closed since Essex County Council pushed 58 library workers out on strike over a phantom sick time issue that even management admits is not an issue.

    Libraries are our community hubs where children come to learn and play, and where adults and seniors connect with each other and with the world beyond.

    What are your elected Councillors and Mayors doing to resolve this strike?

    Call your elected Essex County Council representatives, listed below, and:

    • Ask them why they are forcing library workers to accept a plan that will not save any money and cost more to administer.
    • Tell them to move off their sick time position that a neutral third party arbitrator has already rejected.
    • Remind them they were elected to represent your interests and tell them to resolve this strike and open our libraries.

    Essex County Council and Management

    Brian Gregg, CAO of Essex County, 519-776-6441 ext. 1325,
    Robin GreenallCEO of Essex County Library, 519-776-5241,
    Richard Meloche, Library Board Chair, Deputy Mayor, Town of Essex, 519-982-2776,
    Andrew Dowie, Library Board Member, Ward 1 Councillor Town of Tecumseh, 226-773-1910,
    Bart DiPasquale, Library Board Member, Deputy Mayor, Town of Amherstburg, 519-791-2636,
    Nelson Santos, Library Board Member, Mayor, Town of Kingsville, 519-796-5259,
    Tom Bain, County Warden, Mayor, Town of Lakeshore, 519-567-9812,
    Ken Antaya, Deputy Warden, Mayor, Town of LaSalle, 519-563-8883,
    Aldo DiCarlo, Mayor, Town of Amherstburg, 519-253-3000 ext. 2669,
    Ron McDermott, Mayor, Town of Essex, 519-791-3561,
    Gord Queen, Deputy Mayor, Town of Kingsville, 519-733-4241,
    Al Fazio, Deputy Mayor, Town of Lakeshore, 519-567-9958,
    Marc A. Bondy, Deputy Mayor, Town of Lasalle, 519-734-8001,
    John Paterson, Mayor, Leamington, 519-324-8334,
    Hilda MacDonald, Deputy Mayor, Leamington, 519-326-8035,
    Gary McNamara, Mayor, Town of Tecumseh, 519-735-2184 ext.115,
    Joe Bachetti, Deputy Mayor, Town of Tecumseh, 519-990-2981,

  • How does Ontario’s $4.8 billion hospital underfunding affect your community? Report released Thursday in Ottawa

    Hospital funding in Ontario is much lower than hospital funding in the rest of Canada — $4.8 billion lower. The result is much less care for hospital patients. A report to be released in Ottawa on Thursday (August 18, 2016 at 10:00 a.m., at the Carling Ave site of the Ottawa Hospital) will indicate how many hospital workers and nurses are missing for the care of the people of Ottawa. 

    Using data available from the Canadian Institute for Health Information (CIHI), Fewer Hands, Less Hospital Care compares funding, staffing, nursing, and readmissions in Ontario and other provinces. The data also shows that Ontario has fallen a long way behind other provinces since the Liberals were elected provincially in 2003 — and especially since the beginning of their austerity program in 2010.

    According to CIHI, Ontario government per capita funding for hospitals is $1,395.73. The rest of Canada, excluding Ontario, spends $1,749.69 per capita on hospitals. In other words, provincial and territorial governments outside of Ontario spend $353.96 more per person on hospitals than Ontario does. That is a whopping 25.3 per cent more than Ontario. Ten years ago, in 2005-2006, the hospital funding gap between Ontario and the rest of Canada was just 4.3 per cent. As a result, Ontario now provides far less nursing care for patients as the gap in funding between the rest of Canada and Ontario has steadily gone up.

    “What’s so disturbing is that the provincial Liberals are proud of cutting hospital patient care. People are sent home from hospital while still acutely ill. They are denied admittance because beds are overbooked and hospital care is effectively rationed. Ambulances are stacked outside emergency rooms, unable to discharge patients,” says Michael Hurley the president of the Ontario Council of Hospital Unions (OCHU). Hurley will, along with local hospital staff, release the report on Thursday.

    “These are real people in Ottawa paying the price for Ontario’s lower hospital funding — they are not percentages and numbers on a page. It’s time for the provincial government to increase funding for hospitals in line with their real inflationary costs,” says Hurley.                                                                       

    For more information, please contact:

    Michael Hurley
    President, Ontario Council of Hospital Unions/CUPE (OCHU)

    Stella Yeadon
    CUPE Communications