Question: If a member is working in Design and Construction and there is a lay-off because the projects are completed, could that member get laid off even though there are members of the same trade with lower seniority still working in maintenance?
Answer: When there is a lay-off at the T.D.S.B. it should be done in accordance with the seniority provisions of our Collective Agreement, Article Q-3. Seniority is for the entire T.D.S.B. regardless of which region or department an employee is working in. Therefore, using the example stated in the question, the members with lower seniority in the maintenance department would be laid off first.
Question: Can the T.D.S.B. transfer a temporary employee to any region or department of the T.D.S.B.? Can the T.D.S.B. assign a member to drive a truck?
Answer: The Collective Agreement gives management the right to manage the work force. If a member is requested to work in a certain location or perform certain functions that are reasonable and safe, then the member is required to carry out those duties. The T.D.S.B. requires that new employees must have a driver’s license and a Certificate of Qualification in the applicable trade. Therefore, they can request that a member drive a truck or van, provided the member has the proper driver’s license and the vehicle is safe to drive in accordance with the Ministry of Transportation rules and regulations. All employees can refuse to work in an unsafe environment in accordance with the rules and regulations of the Occupational Health and Safety Act.
Question: When a temporary member is taken on permanent staff, can the member carry over the seniority from the “B” list to the “A” seniority list?
Answer: When there is a job posting for a permanent staff position and a member on the “B” list gets the job and is taken on as a permanent employee then they are placed on the “A” seniority list on the date they are taken on staff. The member will be entitled to all pension, sick leave and other benefits. Their service time working for the T.D.S.B. will be credited to them for calculation of vacation credits; however, they will not carry over their “B” list seniority.
Question: Are there any rules or ways of making complaints for members?
Answer: Yes, the rules and procedures for making complaints are as follows:
The following misconduct shall be considered a violation of the general rules of the M.C.S.T.C. and may be the subject of a complaint filed with the Complaints Committee:
failure of a member to pay union dues to an affiliated union of the Council in accordance with the Constitution and By-laws of the Council;
making slanderous statements or comments against any member, officer of the Council or the Council or distributing any slanderous material that is directed at any member, officer of the Council or the Council;
engaging in activities designed to bring about a withdrawal or secession of any affiliated union from the Council;
engaging in any act or acts in an attempt to cause dissension among employees in the bargaining unit represented by the Council;
disclosing the business of the Council to any employer, employer-supported organization or union or representatives of any other union which is not an affiliate of the Council;
counseling, encouraging, causing or engaging in unauthorized work slowdowns, disruptions or stoppages because of an alleged grievance or dispute without having the consent of the Council and its officers;
having knowledge of the violation(s) of any of the general rules of the Council yet failing to notify the officers of the Council;
failing to appear before the Executive Board or the Complaints Committee when requested to do so.
The President shall appoint a Complaints Committee to deal with complaints of violation of the above-noted general rules against members employed at the TDSB who are represented by the Council;
The President may investigate the complaint and, if it cannot be resolved, refer it to the Complaints Committee for resolution;
Violation of the general rules of the Council may result in sanctions against a member, including barring a member from participating in the activities of the Council, such as eligibility to participate in accordance with the Constitution and By-laws of the M.C.S.T.C.;
Any decision of the Complaints Committee may be appealed to the Executive Board of the Council by filing an appeal with the Board within 15 days of the decision in question.