To All Local 4948 Library Workers:
Local 4948 will be bargaining in early January.
The City of Toronto has filed for conciliation with Local 416 and Local 79 and the threat of a lockout / strike is very real at the City, as the City has tabled concessions on job security, benefits and working conditions and has been preparing to hire replacement workers.
Local 4948 will be continuing to send out information to the membership as bargaining unfolds.
Your strike committee is in place and has met with the Executive Board to prepare a strike / lockout plan.
In the event of a lockout / strike, members will be picketing to receive strike pay and benefits.
Please see the FAQ below for information about strike pay eligilibity and other answers to common questions.
Please register for strike pay and picket duty by signing the Labour Dispute – Picket Sign-Up form.
*Mobile Picket Line: members sign up to participate in the Mobile Picket Line may be dispatched to roving picket lines and other creative action including, for example, an information picket or a creative action to build public support etc.
*Picket Captains: are the organizers on a picket line and will be repsonsible for safety, leading pickets, and dealing with any issues as they arise. Picket captain training will take place in January.
When can the employer lockout unionized employees and when can a union strike?
It has been reported in the media that there will be layoffs as a result of the cuts to staffing. Will there be layoffs? Which positions are being deleted?
Frequently Asked Questions
What is a lockout?
A lockout is when the employer decides to bar unionized employees from working. During a lockout, unionized employees are prevented from working and do not receive pay.
What is a strike?
A strike is a work stoppage caused by the refusal of employees to go to work in support of a bargaining position or to protest some aspect of the employer’s proposed terms and conditions of employment.
When can the employer lockout unionized employees and when can a union strike?
During bargaining, once notice to bargain has been served by either party, either party may file for conciliation. Conciliation is a step in bargaining where a conciliation officer is appointed by the Ministry of Labour to assist the parties in avoiding a strike or lockout. During conciliation, either party may request what is called a “no-board report”. Once a no-board report has been issued, the parties are in a legal lockout or strike position at 12:01am on the 17th calendar day from the date the no-board was issued. On the 17th day, the employer is in a legal position to lockout unionized employees and the union is in a legal position to call a strike.
Once we are in a legal strike or lockout position, are we automatically locked out or on strike?
A lockout or strike is not automatic. There is no strike or lockout unless the employer advises the union it is locking out the unionized employees or the union, i.e. the bargaining committee, advises the employer that the union is striking.
Will there be a strike or lockout?
The Union does not want to strike. We want to make every effort to reach a negotiated settlement. Only the employer will know if there will be a lockout.
Is the employer legally allowed to alter wages or working conditions?
Under Section 86 of the Ontario Labour Relations Board, where notice to bargain has been given, the employer is not legally permitted to alter wages or working conditions, until such time as a no-board has been issued and the parties are in a legal lockout/strike position. The period in which wages and working conditions cannot be altered is often referred to as a “statutory freeze”. Once either party has requested a “no-board” and the parties are in a legal lockout/strike position on the 17th calendar day from the date the no-board was issued, the employer can legally alter wages or working conditions.
If there is a strike/lockout, who is eligible for strike pay?
You are eligible for strike pay during a lockout or a strike if:
a) You are a member of Local 4948 in good standing (paying dues) and;
b) You have completed a Strike Pay Application form (forms will be provided and circulated to all members) and;
c) Are on the active payroll of the Toronto Public Library at the beginning of the strike/lockout and;
d) Participate in the strike/lockout by performing assigned strike duties for at least 20 hours per calendar week.
Members who are eligible for benefits shall receive strike pay beginning on the 10th calendar day of the strike.
Members who do not participate by performing strike duties without just cause are not eligible for strike benefits.
Who is not eligible for strike benefits?
a) Any member not meeting the eligibility criteria outlined above.
b) Any member failing to perform strike duties without just cause.
c) If at the beginning of the lockout/strike, the member was receiving sickness, accident and/or WSIB benefits.
Do I receive strike benefits for the first 10 days of a lockout strike?
You will receive strike benefits beginning on the 10th day of the lockout/strike if you have participated by performing at least 20 hours of assigned strike duties per calendar week in the first 10 days.
What are strike benefits?
The CUPE Strike Fund covers strike benefits, including strike pay for picket duty and health benefits, in the event of a lockout/strike. Strike pay is $40/day to a maximum of $200 for at least 20 hours of picketing or other assigned duties per calendar week.
How many hours a day will I need to picket?
The strike committee will determine the picketing shifts and locations and will assign strike duties to all members. To be eligible for strike pay, you need to have completed 20 hours of picketing per calendar week. Members are encouraged to picket a minimum of 20 hours per calendar week.
Each picketer will be assigned a picket captain who will answer questions about where and when you will picket.
It is important that you sign the Strike Pay Application form to register for strike benefits. When you are picketing it will be important that you sign in and out at the beginning and end of your shift.
I’m a part-time employee and work only 10 hours per week. Do I have to picket 20 hours a week to be eligible for strike pay?
In order to be eligible for strike pay, you need to have completed 20 hours of picketing in a calendar week. Once you are eligible for strike pay, you can picket for 10 hours/week and receive $100 if that is the maximum amount of time you are able to commit to. All members, regardless of part-time or full-time status, are encouraged to picket for a minimum of 20 hours a week.
What if I have scheduled pre-approved vacation during the strike?
If you have scheduled pre-approved vacation, the employer is obligated to pay employees the vacation pay that would have been paid to them with respect to that vacation. However members should be aware that to be eligible for strike pay, they will need to have performed assigned strike duties for at least 20 hours per calendar week. For example: the lockout/strike begins on Feb. 1st and a member is on vacation until Feb. 5th. Until that member has completed 20 hours per calendar week of strike duties, he/she will not be eligible for strike pay.
During a lockout or strike, it is important that all members participate and demonstrate their union solidarity, by completing assigned strike duties. The shorter the picket line, the longer the strike.
What if I am on maternity/paternity leave? Will I continue receiving the top-up from the employer?
Employment Insurance (EI) maternity/parental leave benefits would continue during a lockout or a strike if the member was on leave prior to the lockout. Unless the parties agree otherwise in a strike protocol, maternity and parental leave top-up under Article 28 of the Collective Agreement is not likely to be paid during a strike or lockout.
What happens if I’m on Long-Term Disability?
LTD is normally continued as it is delivered by a third party benefits carrier.
What about if I’m on short-term disability or IIP?
The accumulated sick bank plan and Illness or Injury Plan is a contractual benefit. It is likely that these benefits would not be continued in the event of a lockout or a strike. Normally this would be one of the issues that the union and the employer would discuss and agree upon in a strike protocol.
What if I’m on WSIB benefits?
If the member is on WSIB benefits prior to the strike/lockout, benefits would continue.
What about my extended health and dental benefits?
The CUPE Strike Fund will pay the group life and group extended health premiums for the members who are eligible for strike pay for the whole period of the lockout/strike. If the employer refuses to pay its share of the premiums during a lockout/strike, the CUPE Strike Fund will pay the full premiums.
The other possibility is that CUPE might reimburse members for benefit costs during the strike/lockout.
During a lockout/strike, is the employer still obligated to issue T4’s?
Yes, the employer is still obligated to issue T4’s.
At the end of a lockout/strike, do I have the option to buy-back my OMERS pension?
You can purchase any leave of absence authorized by the employer, including a legal lockout or strike. You would pay the total contributions that you and the employer would have paid during the period of absence.
It has been reported in the media that there will be layoffs as a result of the cuts to staffing. Will there be layoffs? Which positions are being deleted?
On October 17, 2011, the Toronto Public Library Board voted to cut 100 FTEs. On December 12, 2011, the Board voted to cut another 7 FTEs. City Council will vote in January on the total budget for the library. There is no doubt that these cuts signify a massive reduction in the staff. These cuts are on top of the 198 FTEs that were cut since amalgamation.
We have a “no lay-off” provision in our collective agreement. This provision prohibits permanent and part-time members from being laid off for the duration of the collective agreement.
The City Librarian has assured staff that the cuts to FTEs will occur through attrition. But there are not sufficient vacancies and it is unclear exactly how the cuts to staff will be achieved. Management has provided notice to the Union of the library’s intention to redeploy staff under Article 18 of the Collective Agreement but at this point the Union has not been given specific information about what positions will cut and where. More information will be provided once it is made available to the Union.
We should all be concerned about protecting jobs at the library for the current generation and for future generations. The library is already understaffed before any further cuts to jobs are made.
I don’t want to go on strike or be locked out. How can we avoid a strike or lockout?
The best way to avoid a strike or a lockout is to actively participate in the union’s campaign to defend public library services and jobs. There are lots of ways to get involved. Encourage neighbours, family and friends to sign the petition at ourpubliclibrary.to. Encourage people to write to their City Councillors to urge them not to cut library services (including branches, hours, staff, collections, etc) and not to cut unionized jobs. Attend the numerous events being organized in the City against the cuts to public services. Attend general membership meetings, Toronto Public Library Board meetings, Toronto Labour Council events and more. For more information, contact your steward or Unit Chair.
How can I prepare for a possible lockout/strike?
1. Ensure that the Union has your personal email address and phone number so that you can be reached when you are not at work.
2. You may want to inform your financial institution to make alternate arrangements should you be relying on strike pay. For example you may want to request in advance, to defer payments.
3. During a lockout/strike, you would not have access to the workplace. You should remove all of your personal belongings in advance.
4. You are advised to discuss your financial situation with your bank or credit union well in advance of a lockout/strike and not to wait to secure a line of credit, for example. It is important to secure a line of credit while you are working.
5. In the event of a lockout/strike, it is advisable to let creditors and landlords know right away that you need to make a special arrangement in order to protect your credit rating. It is better to try to make a special arrangement then to miss payments.
6. Contact the Fort York Credit Union for more information if you are a member or wish to join. Their number is 416-530-6474 or fyinfo@fortyork.com
Download pdf version of FAQ #1 here.
