Employees Eligibility for Membership in COTAPSAI

(City of Toronto Administrative, Professional

Supervisory Association, Incorporated

The Corporate Services Committee recommends the adoption of Recommendations (a) (b) and (c) embodied in the following communication (September 2, 1998) from the President, City of Toronto Administrative, Professional Supervisory Association, Incorporated (COTAPSAI), regarding references made by City staff to employees respecting their eligibility for membership in COTAPSAI:

"It is recommended that City Council:

(a)direct appropriate City staff to amend any and all such references including the above stated Recommendation No. (4) of Clause No. 3 of Report No. 7 of the Corporate Services Committee, by striking out the phrase "who are members of COTAPSAI at December 31, 1997";

(b)direct the appropriate City staff to prepare and forward a communication, in consultation with COTAPSAI, outlining the implications of this change to all eligible employees who are not members of COTAPSAI employed by the former City of Toronto; and

(c)financially compensate the Association for that portion of member's dues lost since January 1, 1998, for all eligible non-union employees of the former City of Toronto who were dissuaded but may now wish to become members of COTAPSAI;"; and

reports having requested the Executive Director of Human Resources to submit a report to Council for its meeting scheduled to be held on October 1, 1998, respecting Recommendation (c) above.

I am writing to express our deep concerns about misrepresentations being made by City staff to employees eligible for membership in COTAPSAI. These misrepresentations are discouraging eligible administrative, professional and supervisory employees from joining COTAPSAI.

Background:

During the past few months, a number of eligible employees (employed by the former City of Toronto) have expressed interest in joining the Association. Apparently, various human resources staff have advised them that joining COTAPSAI in 1998, would afford them no benefits. The human resources staff have been advising employees that they had to be members of COTAPSAI prior to January1, 1998 to be entitled to the terms and conditions of employment set out in the Consolidated Memorandum of Understanding with the City.

This misrepresentation is echoed in Report No. 7 of the Corporate Services Committee, Clause No.3 as adopted by the Council of the City of Toronto at its meeting held on June 3, 1998. Recommendation No. (4) of that clause is as follows:

"(4) notwithstanding Recommendation No. (3), the terms and conditions of employment for non-union employees of the former City of Toronto who are members of COTAPSAI at December 31, 1997 will continue until appropriate notice is given respecting any changes or amendments to their terms and conditions of employment".

If you review the Consolidated Memorandum of Understanding between the City and COTAPSAI, you will see that COTAPSAI is a bargaining agent for all employees of the City (subject to specific exceptions). COTAPSAI is a bargaining agent for all employees and not just those who are members of the Association. Therefore, all administrative, professional and supervisory employees are entitled to the terms and conditions of employment set out in the Consolidated Memorandum of Understanding with the City whether or not they are members of the Association. With respect to the misrepresentation in Report No. 7, Clause No. 3, you will recall that COTAPSAI was not afforded the opportunity to comment on the contents of the report to City Council.

The act of directly or indirectly dissuading any eligible employee from joining COTAPSAI is a fundamental principle that the former City of Toronto and COTAPSAI embodied in its agreement more than twenty years ago. Article 1.02(a) of the Consolidated Memorandum of Understanding between The Corporation of the City of Toronto and COTAPSAI reads as follows:

Membership in COTAPSAI

1.02(a) The City will not seek directly or indirectly to dissuade any eligible employee from joining COTAPSAI or holding office in COTAPSAI.

The City's misrepresentation regarding the issue of membership in COTAPSAI has damaged the Association and has negatively affected our ability to attract eligible employees - especially those employees previously employed by the former City of Toronto.

Recommendations:

We consider the City's actions a serious affront to COTAPSAI. We therefore request that the Corporate Services Committee adopt the following recommendations to remedy the situation:

(a)That the Corporate Services Committee direct appropriate City staff to amend any and all such references including the above stated Recommendation No. (4) of Report No. 7 of TheCorporate Services Committee, Clause No. 3, by striking out the phrase "who are members of COTAPSAI at December 31, 1997";

(b)That the Corporate Services Committee direct the appropriate City staff to prepare and forward a communication, in consultation with COTAPSAI, outlining the implications of this change to all eligible employees who are not members of COTAPSAI employed by the former City of Toronto; and

(c)That the Corporate Services Committee financially compensate the Association for that portion of member's dues lost since January 1, 1998 for all eligible non-union employees of the former City of Toronto who were dissuaded, but may now wish to become members of COTAPSAI.

Your attention to this matter is appreciated. On behalf of the Board of Directors, I welcome the opportunity to discuss this matter further at the next Corporate Services Committee meeting.

Mr. David Neil, President, City of Toronto Administrative, Professional Supervisory Association, Incorporated, (COTAPSAI) appeared before the Corporate Services Committee in connection with the foregoing matter.