June 2007 newsletter - Canadian Union of Public Employees CUPE

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June 2007 newsletter - Canadian Union of Public Employees CUPE

    Telephone 519-576-5166


    Support Staff Newsletter - June 2007


     thMembers were elected on June 5 2007 at CUPE General Meeting

Executive Board:

    President - Anne Schlitt Vice President - Susan Helm Recording Secretary - Neil Jensen Secretary-Treasurer - Leanne Husk Chief Steward - Gaynell Dowling Clerical Steward - Melissa Resmer Technical Steward - Mechelle O’Hagan Health & Safety Rep - Linda Kennedy Elementary EA Steward - Joanne Delaney-Fraser

    Secondary EA & Child & Youth Care Workers - Maureen Hutter

    at-Arms - Elaine Shea Sergeant

Elected Representatives & Committee Members:

    District Council - Marie O’Brien

    Social - Lyn Spiewak

    Technological Change - Neil Jensen

    Trustee (2007 - 2010) Lyn Spiewak

    WSIB rep - Linda Kennedy

    (WSIB committee Members) Kathi Vogel, Gaynell Dowling

Positions to be filled:-

    Benefits rep

    Communications Rep

    Technological Change (1 position)

    Also, we are still in need of additional committee members for Social Committee,

    Health & Safety, WSIB and a United Way representative. Please contact any Executive member if you’re interested.

Nobody can make you feel inferior without your consent”

     Eleanor Roosevelt

    Collecting UI Benefits

    In many school boards, workers who work directly with children are employed only during the months that the students attend school and tend to be 10 month employees. Unlike teachers, who often work for ten months but are paid for twelve, school board workers are only paid for ten months and are laid off for the summer months and during the Christmas and March Breaks. Many school board employees have traditionally applied for and received UI benefits during these interruptions in earnings.

Things you may or may not know about collecting UI:

    ; Your employer must issue a Record of Employment (ROE) within five days of your last

    day worked. It is important to know that you can apply for UI before you receive your

    Record of Employment. Waiting for your ROE can cause unnecessary delays in your


    ; When you start your claim you have a two week waiting period before benefits are paid


    ; You only have one waiting period of two weeks for every 52 weeks worked.

    ; Most claimants will receive the basic benefit rates of 55% of their average insured


    ; You risk a stiff penalty if you knowingly make false or fraudulent statements on your UI

    claims. Depending on your individual circumstances, you could be penalized up to three

    times your weekly benefit rate. If you do make a mistake, a call to your local UI office to

    explain your mistake will help.

    Taken from The UI Road Map OSBCC 2007 - How to Navigate the Unemployment System

    Submitted by Elaine Shea


    End to Mandatory Retirement

Mandatory Retirement ended on December 12, 2006. Previous to this date

    employers required employees to retire at age 65; there were a few exceptions.

The New Law is Bill 211. Some important points to know:

Protection against Age Discrimination

    ; Ontario Human Rights Code has been amended to prohibit mandatory

    retirement. You no longer are required to stop work at age 65 except in

    those cases where it could be justified for bona fide occupational


Bona Fide means: an employment requirement that is necessary because of

    the nature of the employment. It is discriminatory on certain grounds, including age. This discrimination is allowed under the Ontario Human Rights


    Code if the nature of the employment is dependent on a particular condition.

    The employer must establish:

    1. That the employer adopted the requirement for a purpose rationally

    connected to the performance of the job.

    2. That the employer adopted the requirement in an honest and good faith belief that it was necessary to the fulfillment of that legitimate work-related purpose

    3. That the requirement is reasonably necessary to the accomplishment of that legitimate work-related purpose. It must be demonstrated that it is impossible to accommodate individual employees without imposing undue hardship on the employer.

    Collective Agreements

    ; Will no longer be permitted to include provisions requiring mandatory

    retirement, except where there is a bona fide requirement

    ; Unions and employers can negotiate early retirement incentives. ; Existing mandatory retirement in collective agreements will no longer be



    ; Employers may not discriminate on the basis of age providing benefits to

    employees aged 18 to 65. Employers do not have to provide benefits to

    any employees after age 65.

    ; Employers are allowed to provide benefits past 65. However, it is very

    cost prohibitive. Many employers are encouraging employees to use the

    Ontario Drug Benefit Plan after age 65.

    Employment Termination

    ; If an employee is terminated by the employer for reasons other than age,

    he/she is entitled to the same notice of termination or pay-in-lieu that

    younger employees receive unless termination is due to bona fide


    ; The End of Mandatory Retirement does not mean that employers are

    required to allow an individual to work until he/she volunteers to retire.

    Employers will be able to terminate employees under the Just Cause

    provision in Collective Agreements. The employer can establish

    reasonable standards of performance which all employees would be

    expected to meet at any age.

Duty to Accommodate

    ; The extant to which an employer will be required to accommodate the

    older worker is likely to be a source of much litigation. Where a worker’s

    physical or mental capabilities are an issue, there may be a question as to

    whether the declining capability constitutes a disability or is simply

    related to aging.

    The Human Rights Code defines disability as:


    ; Any degree of physical disability, infirmity, malformation or

    disfigurement that is caused by bodily injury, birth defect, or illness. It

    includes diabetes, epilepsy, a brain injury, paralysis, amputation, lack of

    physical coordination, visual impairment and hearing impairment, speech

    impediment, need for a guide dog, wheelchair, or other device, learning

    disability, mental disorder, injury of disability for which benefits were

    claimed or received under the WSIB.

    ; Therefore, a declining physical capability due to age would not be a

    disability. Other examples of declining age related abilities would include

    eye sight, hearing, strength and ability to recover from illness or injury.

    ; However, the law states that an employer must accommodate to the point

    of undue hardship.

    ; In another province the Supreme Court offered a list of factors to

    considerfinancial cost, impact on Collective Agreement, employee

    morale, interchangeability of workforce and facilities, size of employer

    operations, and safety.

    ; This is a very complex issue and will need court trials to clear up the


Workplace Insurance (WSIB)

    ; Entitlements do not change. This means that injured workers will only

    receive workplace injury benefits until age 65. If injured after 65, there

    are no benefits.

Long Term Disability

    ; At this time there are no changes to LTD. Therefore, LTD stops at age 65.

Unemployment Insurance

    There are no changes to Employment Insurance. Therefore, there is no EI after age 65.



    The above information is to bring an awareness of the End of Mandatory Retirement to Cupe Local 2512 members. This is not a complete Government document as per Bill 211. The information was received by me through a workshop at OSBCC 2007 and through research of government websites. The writer of this information does not purport to be an expert on this subject.

    Submitted by Linda Kennedy

    CUPE Health & Safety Rep

    (Certified worker)




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