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After a meeting of the Joint Exclusions Committee (JEC) last week, union representatives have reached a resolution with the employer over the disputed exclusion of the assistant deputy warden (AWD) positions.
The key labour relations principles at the heart of the controversy are the right of the employer to exclude genuine management positions, as well as the right to declare any position in the bargaining unit to be redundant.
After reviewing all of the information available at the recent JEC meeting, BCGEU has concluded that the 25 AWD-Regulation positions along with the eight AWD-Programs positions are management positions and properly excluded from the bargaining unit.
During the discussions at the exclusion meeting, it became clear that four ADW-Standards jobs also met the test for management exclusion. The employer has agreed to forward back dues to the union for inadvertently following the wrong process when these positions were first introduced.
With these facts in mind, at the JEC meeting BCGEU sought the best outcomes for SCO2s and SCO3s who the employer has declared to be redundant. After considering all possible options, the union reached a resolution with the employer for the SCO2s and SCO3s. The agreement includes:
• a pre-layoff canvas will be conducted in the last week of June;
• any SCO3 who wishes to pursue placement alternatives may do so through the Article 13 process;
• salary protection will be extended for all affected SCO2s and SCO3s if they take an SCO1 position. At a minimum, employees who take SCO1 positions will be “blue circled’’ which means current salary plus half of any future wage increases;
• if—after the SCO2s and SCO3s have taken ML4 positions, severance packages and/or the Article 13 placement option—there are 18 or fewer SCO2s and SCO3s that take SCO1 positions, they will all be green circled—which means they receive the full wage increases;
• all SCO incumbents will have their seniority dates adjusted along the same lines as Corrections Officers; and
• the employer will provide the union with a copy of the recent organizational review.
For more information about these developments, please contact your Component Chair Dean Purdy at VIRCC, 250-478-3308; Wiho Papenbrock, BCGEU Regional Coordinator at Kelowna Area Office, 250-763-6405 or 1-800-667-1132; or Esther Ostrower, BCGEU Joint Exclusion committee member, 1-800-663-1674, or 604-473-5436.
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