TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on October 28, 29 and 30, 1998

CORPORATE SERVICES COMMITTEE

REPORT No. 14

1Agreement Between the Former City of Toronto and COTAPSAI (City of Toronto Administrative, Professional Supervisory Association, Incorporated)

2Employees Eligibility for Membership in COTAPSAI (City of Toronto Administrative, Professional Supervisory Association, Incorporated)

City of Toronto

REPORT No. 14

OF THE CORPORATE SERVICES COMMITTEE

(from its meeting on September 14, 1998,

submitted by Councillor Dick O'Brien, Chair)

As Considered by

The Council of the City of Toronto

on October 28, 29 and 30, 1998

1

Agreement Between the Former City of Toronto

and COTAPSAI (City of Toronto Administrative,

Professional Supervisory Association, Incorporated)

(City Council on October 28, 29 and 30, 1998, amended this Clause by striking out the recommendations of the Corporate Services Committee and inserting in lieu thereof the following:

"It is recommended that the report dated September 29, 1998, from the Executive Director, Human Resources, embodying the following recommendations, be adopted:

'It is recommended that:

(1)the correspondence from COTAPSAI be received; and

(2)the current practice continue; that letters to employees confirming eligibility for a separation package as a result of a position termination be sent at the time it is determined that they cannot be placed in an equivalent position.'")

(City Council on October 1 and 2, 1998, deferred consideration of this Clause to the next regular meeting of City Council to be held on October 28, 1998.)

The Corporate Services Committee recommends the adoption of Recommendations (a) and (b) embodied in the following communication (August 31, 1998) from the President, City of Toronto Administrative, Professional Supervisory Association, Incorporated, (COTAPSAI) viz:

"(a)that the City be directed to adhere to Existing Exit Program for those eligible in accordance with the recommendations adopted by City Council on June 3, 1998; and

(b)that the City undertake to apply those provisions to those eligible employees that remain in the City's employment that have been appointed to alternative positions but at a lower wage grade since amalgamation;";

and reports having requested the Executive Director of Human Resources to submit a report thereon to Council for its meeting scheduled to be held on October 1, 1998:

I am writing to you to express our deep concerns about the lack of adherence to several key provisions in the agreement between COTAPSAI and the former City of Toronto. As you know, the adoption by City Council of the recommendations of the Commissioner of Corporate Services on June 3, 1998, ensured that the terms and conditions of employment for non-union employees covered by our agreement will continue until appropriate notice is given respecting any changes or amendments to their terms and conditions of employment and until such time as the appropriate notice period has been completed (Recommendation No. (4) embodied in Clause No.3 of Report No.7 of The Corporate Services Committee.)

Background:

In accordance with Appendix "N" of the Consolidated Memorandum of Understanding, an employee is eligible to participate in the Exit and Retirement Incentives for Surplus Employees if the employee's position has been eliminated by streamlining or Operating Budget reduction approved by City Council, and the employee has been placed into an alternative position, but at a lower salary grade (with salary protection).

During the first few Department and Division re-organizations in 1998, several situations have arisen where such eligible employees have been placed into alternative positions at lower salary grades. These eligible employees no longer maintain any of their previous management responsibilities. In past re-organizations, when this situation did arise, the employee was given a letter by the City indicating that they were eligible for the Exit Program. I have attached a sample of one of these letters. I can provide other if you wish.

Our Association has repeatedly raised concerns with management in Human Resources in Corporate Services that these employees are eligible to receive the same letter, but to no avail. We believe that City Council and the Members of Corporate Services intended that the City honour the agreement until such time that appropriate notice is given respecting changes or amendments to their terms and conditions and until such time as the appropriate notice period has been completed. No such notice has been given. The agreement remains in effect.

Recommendations:

Therefore, we recommend that Corporate Services and Personnel Committees adopt the following recommendations:

(a)that the City be directed to adhere to Existing Exit Program for those eligible in accordance with the recommendations adopted by City Council on June 3, 1998; and

(b)that the City undertake to apply those provisions to those eligible employees that remain in the City's employment that have been appointed to alternative positions but at a lower wage grade since amalgamation.

On behalf of all our members throughout the City of Toronto, I welcome the opportunity to bring our concerns forward to the next Corporate Services Committee for consideration.

________

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.

(A copy of the sample letter given to employees by the former City of Toronto indicating that they were eligible for the Exit Program, was forwarded to all Members of Council with the September 14, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)

(City Council on October 1 and 2, 1998, had before it, during consideration of the foregoing Clause, the following report (September 29, 1998) from the Executive Director, Human Resources:

Recommendations:

It is recommended that:

(1)the correspondence from COTAPSAI be received; and

(2)the current practice continue; and that letters to employees confirming eligibility for a separation package as a result of position termination be sent at the time it is determined that they cannot be placed in an equivalent position.

Background:

At its meeting on September 14, 1998, Corporate Services Committee had before it correspondence from COTAPSAI expressing concern about adherence to provisions in the agreement between COTAPSAI and the former City of Toronto with respect to the separation program. Corporate Services Committee requested that staff report directly to City Council on the matter.

Comments/Discussion:

In its correspondence to Corporate Services Committee, COTAPSAI recommended:

"(a)that the City be directed to adhere to existing exit program for those eligible in accordance with the recommendations adopted by City Council on June 3, 1998; and

(b)that the City undertake to apply those provisions to those eligible employees that remain in the City's employment that have been appointed to alternative positions but at a lower wage grade since amalgamation."

COTAPSAI's explanation, as I understand it, is that these recommendations are to address a specific concern; that when employees have been displaced from their old job and placed into alternative positions at the lower salary that they receive a letter indicating that they are eligible to participate in the separation program. It should be noted that COTAPSAI has not provided us with any specific examples of this situation having occurred to date.

In accordance with City Council's decision of June 3, 1998, the City has provided the former City of Toronto separation package to those eligible employees covered by the COTAPSAI agreement. Because of the nature of the restructuring and promotion process, however, the letter to displaced employees that was sent to employees in COTAPSAI in the past is not applicable in the current situation.

Displaced employees are generally eligible to compete for a position at the next two levels down in the organization depending on their level of responsibility in their former municipality and the requirements of the position for which they are applying. Most often, at the time of displacement the next levels have not been finalized. As such, employees are offered the opportunity to continue in their function or alternative work to allow for this option. In many cases, a position one level down is equivalent to the scope, responsibility and salary of their former position. A letter at this stage advising the employee that they are eligible for the exit program is not often applicable because the process of redeployment is not complete and the full extent of their options is not known. Therefore, given that circumstances differ from that which existed in the former City of Toronto the intent of the memorandum of understanding has been followed.

It is recommended that COTAPSAI employees continue to be offered this flexibility to consider their options and that letters confirming eligibility for a separation package as a result of position termination be sent at the completion of the above described process in cases where the employee cannot be placed in a position at the equivalent level, as has been the current practice.

Contact Name and Telephone Number:

Alison Anderson, Director, Human Resources, Employment Services

392-5028.)

2

Employees Eligibility for Membership in COTAPSAI

(City of Toronto Administrative, Professional

Supervisory Association, Incorporated)

(City Council on October 28, 29 and 30, 1998, amended this Clause by striking out the recommendation of the Corporate Services Committee and inserting in lieu thereof the following:

"It is recommended that the report dated September 29, 1998, from the Executive Director, Human Resources, embodying the following recommendation, be adopted:

'It is recommended that the correspondence from COTAPSAI be received.'")

(City Council on October 1 and 2, 1998, deferred consideration of this Clause to the next regular meeting of City Council to be held on October 28, 1998.)

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 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 Clause No. 3 of Report No. 7 of The Corporate Services Committee, 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 the aforementioned Clause No. 3 of Report No. 7, 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 20years 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 Clause No. 3 of Recommendation No. (4) of Report No. 7 of TheCorporate Services Committee, 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.

(City Council on October 1 and 2, 1998, had before it, during consideration of the foregoing Clause, the following report (September 29, 1998) from the Executive Director, Human Resources:

Purpose:

The purpose of this report is to respond to concerns contained in a September 2, 1998 letter to the Corporate Services Committee from COTAPSAI.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendation:

It is recommended that the correspondence from COTAPSAI be received.

Council Reference/Background/History:

At a meeting on September 14, 1998, the Corporate Services Committee had before it correspondence from Mr. David Neil, President of COTAPSAI, expressing concerns regarding alleged representations made by City staff whereby those administrative, professional and supervisory employees who are otherwise eligible for membership in COTAPSAI were being discouraged from joining the association. Corporate Services Committee requested that staff report directly to City Council on this matter.

Comments and/or Discussion and/or Justification:

Following the meeting of the Corporate Services Committee on September 14, 1998, staff undertook to investigate the concerns raised by Mr. Neil as set out in his letter to Councillor O'Brien, Chair of the Corporate Services Committee, dated September 2, 1998.

Specifically, Mr. Neil has stated that over the past several months, various Human Resources staff have advised a number of staff who were employed by the former City of Toronto that joining would afford them no benefits.

Mr. Neil has indicated that a strict interpretation of the Council resolution would lead one to believe that only those former employees of the City of Toronto who paid dues to COTAPSAI would receive the benefits of the Consolidated Memorandum of Understanding.

In fact, it was staff's intent, in placing the recommendation of June 3, 1998 before Council, that all eligible employees of the former City of Toronto covered by the Memorandum, as laid out in its "Schedule A", would continue to be covered by the terms of the Memorandum until appropriate notice is given respecting any changes or amendments to their terms and conditions of employment, pursuant to Council's resolution. Notwithstanding any other interpretation, "member" is as defined in Article 1.02 (b) of the Consolidated Memorandum of Understanding. Membership is not defined by whether an individual chooses to pay dues to the Association.

In that respect, Human Resources staff have been following the requirements of the Memorandum and have been extending the benefits of the Memorandum of Understanding to all employees of the former City of Toronto whose position is covered by "Schedule A".

Conclusion:

Mr. Neil has specifically asked for compensation for lost dues. Following an extensive investigation, staff have been unable to find any evidence to support the Association's claims that employees of the former City of Toronto have been discouraged from membership. A letter has been sent to Mr. Neil advising him of our findings.

In order to further assist staff with their inquiries regarding this matter, Mr. Neil has been asked to provide specific particulars in support of the Association's claim.

Once further information has been provided by COTAPSAI, staff will continue their inquiries and report their findings to the Personnel Sub-Committee.

Contact Name:

Brenda Glover, Executive Director of Human Resources,

397-9802.)

Respectfully submitted,

DICK O'BRIEN,

Chair

Toronto, September 14, 1998

(Report No. 14 of The Corporate Services Committee was adopted, as amended, by City Council on October 28, 29 and 30, 1998.)