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DECERTIFICATION
What you didn't know?
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THE CONSEQUENCES OF
DECERTIFICATION
(TERMINATION OF BARGAINING
RIGHTS)
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| The Amalgamated Transit
Union will no longer have the right and obligation to protect your job
and represent your interests to the Employer. |
| DISMISSAL |
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HOURS
OF WORK |
| Upon decertification, you
can be legally fired at any time, even if you have not done anything which
would warrant dismissal. The Employment Standards Act permits the Employer
to do this provided the Employer pays you the amount of money which represents
your notice period. For example, a worker who has thirty (30) years of
service with an Employer would only receive the maximum allowed notice
of eight (6) weeks pay if the Employer fires him/her for no work-related
reason. If the Employer claims you are being dismissed for a valid work-related
reason, whether this is true or not, then you do not receive your notice
period money, and you may not qualify for Employment Insurance. You will
have to fight the Employer by yourself and at your own expense to get what
is owed to you. You will not get your job back. Without a Union, your job
can be taken from you at any time. |
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Upon decertification, you
may have your hours of work cut or you may find yourself working sixty
(60) hours per week. The Employment Standards Act does not provide for
a minimum work week; therefore, the Employer may decide to continue your
employment on a part-time basis. On the other band, the Employment Standards
Act does provide that an Employer and a worker can “agree” on a sixty (60)
hour work week. The Employer can also legally schedule your work week to
cover any period of time! including weekends and shift work. When you work
and how long you work will be up to the Employer. Without a Union. if you
disagree with the new terms and conditions of your employment your only
option is to find another job. |
| SENIORITY |
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OVERTIME |
| Upon decertification, your
seniority means nothing, It the Employer decides to lay-off workers or
recall workers on lay-off, your seniority does not need to be considered.
For example, an Employer can legally lay-off a worker with thirty (30)
years service and keep a worker with one (I) week's service. Likewise,
an Employer can recall a worker with one (1) weeks service and leave a
worker with thirty (30) years of service on lay-off, Seniority also does
not need to be considered by the Employer for any other reason. You can
be placed in any job at any time regardless of how many years service you
have with the Employer. Without a Union seniority is a word without any
rights attached to it. |
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Upon decertification, your entitlement to overtime pay may not be as straight forward as you think. The Employment Standards Act provides that overtime pay of one and oneself times the regular rate is paid after fortifier 44) hours worked in each week. However, an Employer and a worker can agree” that the worker's entitlement to overtime pay will be averaged over four (4) weeks Therefore, it would be possible to work sixty (60) hours for three 3) weeks out of four (4) weeks and not receive the forty-eight hours of overtime pay for this period. The Employer need only give “reasonable notice” that it wants 10 revoke the agreed to sixty (60) hour work week. The Employer can then reduce the hours for the fourth week back to the pre-”agreement" number of hours and avoid paying the worker some of the overtime worked in the first three weeks. Without a Union, overtime pay can be a tricky calculation that will likely add up in favour of the Employer not the worker. |
| WAGES |
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VACATIONS |
| Upon decertification, your
hourly rate can be reduced to the minimum wage as provided under the Employment
Standards Act. That means the Employer can legally pay you $6.85 per hour.
It has been years since the minimum wage in Ontario has been increased.
Without a Union. you can expect to make minimum wage tar along, long time. |
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Upon decertification, your
paid vacation entitlement after each twelve (12) months of service will
be two weeks. The Employer legally has the right to determine when you
can take your vacation and whether or not the two weeks will be taken together.
Without a Union, you can count on annually receiving, at the Employers
whim, only two weeks of paid vacation. |
| BENEFITS |
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GRIEVANCE
PROCEDURE |
| Upon decertification, your
benefit plan can be eliminated. The Employer is not legally required to
provide you with any of the benefits currently contained in your Collective
Agreement. Without a Union, you and your family will be without benefits. |
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Upon decertification, you
will have to settle your disputes with your Employer on your own. You will
no longer have the emotional, financial, and legal resources of the Union
fighting for you. You will no longer have the collective power of the Union
on your side, If the Employer refuses to change its position then your
options will be extremely limited. Without a Union. your ability to individually
negotiate a favourable outcome against the Employer is minimal to none. |
| PENSIONS |
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| Upon decertification, your
pension plan contributions by the Employer can be eliminated, The Employer
is not legally required to carry or pay towards a pension plan over and
above its contributions to the Canada Pension Plan, Without a Union, you
can expect a retirement lifestyle supported by the Canada Pension Plan
and Old Age Security programs. |
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The Amalgamated Transit Union wants you to be aware of the consequences of decertification. The above-noted consequences of decertification represent only part of the overall negative impact decertification will have on your life. If you would like more information on decertification then talk to your Amalgamated Transit Union local representative. We are here for you. |
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