Partial
Settlement of IT Outsourcing Unfair Labour Practice ComplaintGSU and Viterra management have reached an agreement that partially resolves the union’s unfair labour practice complaint and grievance filed in response to the company’s decision to outsource in scope IT jobs. GSU challenged the company’s decision to designate fifteen employees’ positions as being out of the scope of the union bargaining unit.
The agreement provides that twelve Management Analyst I or equivalent positions will be within the scope of GSU’s Regina head office bargaining unit. All of the incumbents have been advised that their status will revert to being in scope effective March 1, 2010.
The balance of GSU’s unfair labour practice complaint regarding anti union animus will be heard by the Canada Industrial Relations Board (CIRB) in hearings scheduled for June 22 to 25, 2010.
“I thank Terry Madole, George Tillie, Grace Stevenson, Ken Kupchyk and Louise Kohle for their work and assistance on this file. Without their involvement the progress we’ve made to date would not have occurred,” said GSU General Secretary Hugh Wagner.
“This is not the end of the dispute, but it is an important development as GSU continues to urge Viterra to reconsider the outsourcing decision announced on July 15, 2009,” Wagner said.
It is anticipated that additional discussions will occur in advance of the CIRB’s June hearing dates.
Posted March 22, 2010
GSU and Viterra meet - June dates scheduled for GSU's unfair labour practice complaint
February 18 and 19 hearings of the Canada Industrial Relations Board (CIRB) with regard to GSU’s unfair labour practice complaint were postponed in favour meetings between GSU and Viterra representatives to explore whether a negotiated resolution of the dispute is possible. GSU’s complaint was filed with the CIRB in response to Viterra’s decision to “out source” all of the bargaining unit work in the company’s IT Division.
When union and company representatives met in Regina on February 18 some important issues were settled, but the main body of the unfair labour practice complaint remains unresolved. CIRB hearings are now set to take place from June 22 to 25.
“It has taken some time to get to this point and the delays are frustrating to all who are concerned. Nonetheless, I am pleased with the progress made on February 18,” said GSU Secretary Hugh Wagner. “GSU will continue to present a strong case on behalf of the affected employees.”
“We continue to urge Viterra management to take a close look at the outsourcing decision and consider what they’ve lost or will lose in terms of IT expertise, knowledge and commitment to the company’s success,” Wagner said.
Updates will be issued as they become available.
Posted Feb. 19
Unfair labour practice complaint rescheduled to Feb. 18 and 19
GSU’s unfair labour practice complaint challenging Viterra’s decision to outsource all of the unionized information technology (IT) jobs in the company’s Regina head office was originally scheduled to be heard by the Canada Industrial Relations Board (CIRB) at a hearings scheduled for Feb. 16 to 19, 2010.
The CIRB hearing is now set for
February 18 and 19 in
Regina. The hearing is now only two days, instead of the original
four days, since Viterra changed legal counsel. Additional days will be
scheduled, but have not yet been set.
Posted Feb. 12, 2010
CIRB declines GSU request for Interim Order
GSU’s unfair labour practice complaint challenging Viterra’s decision to outsource all of the unionized information technology (IT) jobs in the company’s Regina head office will be heard by the Canada Industrial Relations Board (CIRB) at a hearing scheduled for Feb. 16 to 19, 2010.
In the meantime, on Nov. 30 the CIRB considered GSU’s request for an interim order requiring Viterra to delay/suspend laying off IT employees pending the full fledged hearing into the union’s complaint.
The essence of GSU’s complaint is that Viterra’s so-called outsourcing is an thinly veiled anti union effort to dismantle the Regina head office bargaining unit in violation of the Canada Labour Code.
On Dec. 11 the CIRB released its decision declining GSU’s request for an interim order. The decision said, in part, “At this stage of the proceedings, where the parties dispute many of the facts, the Board cannot make definite findings of fact. Ultimately, the Board will have to consider whether the employees who were hired for allegedly excluded positions fall within the GSU’s bargaining unit. In addition, the Board will have to consider, given section 98(4) of the Code, whether Viterra has met its burden, where required, of demonstrating that its actions were not tainted, in whole or in part, by anti-union animus.”
The Board went on to say, “The Board is of the view that it is not appropriate to interfere in the commercial arrangements that Viterra has negotiated to date in reliance on its right to contract out … The Board has sufficient remedial power should Viterra be unable to meet its burden of proof regarding anti-union animus. A significant remedial order will be available to the GSU if it succeeds on its main complaint…The matter will now proceed in order to determine, inter alia, whether anti-union animus played any part in Viterra’s decision to contract out the work of the IT department and whether the Management Analyst position is properly included within the Office Unit…”
“We had hoped for a different answer to GSU’s request for an interim order by the CIRB, “ said GSU General Secretary Hugh Wagner. “We are moving forward with our intention to present a strong case when the whole matter is considered by the CIRB in February.”
“The first wave of IT layoffs will take place Dec. 30 and I have no doubt the employees’ departure will have a major impact on Viterra’s operations, services and costs,” Wagner added.
A complete copy of the CIRB’s Dec. 11 decision is available here.
Posted Dec. 17, 2009
GSU challenges Viterra’s IT outsourcing
On Sept. 3 GSU filed an unfair labour practice complaint with the Canada Industrial Relations Board in response to Viterra’s decision to outsource all of the information technology jobs in the
Posted Sept. 10
IT outsourcing and General Secretary Hugh Wagner's July 22 letters to Viterra
On July 22 Hugh Wagner sent two letters to Viterra Labour Relations Manager Jolene Horejda.
Posted July 24
Wagner's July 21 memo to Viterra's IT employees
Read General Secretary Wagner's July 21 memo to Viterra's IT employees here.
Posted July 21
Viterra outsourcing IT jobs
Mike
Brooks, Viterra's chief information officer, has made
some interesting comments on Viterra's outsourcing announcement.
"Either
way, it doesn't matter," Brooks was quoted by CBC as
saying. "What's important to understand is we're not changing jobs.
Viterra is buying services."
Read the CBC.ca story and check out fiery reader comments here.
GSU general secretary Hugh Wagner wrote a letter to Viterra's manager of labour relations seeking clarification on the IT outsourcing and job eliminations.
Read Hugh Wagner's letter here.
Posted July 17
Viterra eliminates local IT jobs, outsources to India
On July 15 Viterra advised GSU that the Regina based agri-business is outsourcing its information technology service delivery to EDS, an HP company, and to Infosys Technologies based in Bangalore, India. The result is the elimination of nearly 50 jobs in the Regina Head Office.
Read GSU's news release here.
Unit 1B members attended a membership meeting on July 16 to discuss Viterra's announced changes to IT and ask union representatives questions about their rights.
If you are affected by job elimination contact Steve or Hugh at the GSU Regina office and they will answer your questions about:
- severance,
- EI,
- notice period,
- vacation
- or your other rights.
Posted July 17