Job Action

Frequently Asked Questions on Unifor Picketing at Coast Mountain Bus Company and TransLink – Update #8

November 22, 2019

To: All MoveUP members at CMBC & TransLink

1. Am I required to support the picket line to receive “Strike Pay” from MoveUP?
Yes.  If you do not report to a Site Captain sign in and participate in support actions, MoveUP will not top up your pay. For November 27th – 29th the required hours for a picket shift is the same as a member’s normal work hours.
2. If the employer is instructing members to go home, in the event there is a picket line, is the employer responsible to pay them if they do go home?
It is unlikely that the company will pay employees to stay at home. Members who perform picket support or other assigned union duties will have their pay topped up by MoveUP.  Picket pay for November 27th, 28th and 29th will be topped up to the member’s regular net pay for those three days. To receive this top up, MoveUP requires members to do the following:

  • Provide your three most recent paystubs to ljeffery@moveuptogether.ca by end of day Monday, November 25th so we can be prepared to pay you properly for those days.
  • Report to and register with a Site Captain for picket support duty.
  • Participate in support actions as directed.
3. Does the employer have the right to direct an employee to go home rather than attend the Unifor picket line?
The employer may tell MoveUP members to go home, but the employee has the right to stay outside the work site in support of another union’s picket line.

MoveUP members are not to cross a picket line.  Our strength comes from our unity.  We expect other unions to support us in any actions we may take in the future and so we should support other union members on their actions.  We will stand in solidarity with Unifor.  Once the employee is at the picket line, they should talk to the MoveUP Site Captain or contact the Job Action Committee for further advice.

Is this true for both TransLink and CMBC?

Yes.
4. What if my employer sends me home because there is no work to do?
MoveUP will grieve for pay if this occurs.  We recommend members do not take reduced workdays or flex days to cover this time.  If you are told there is no work for you to do, please speak to your Site Captain right away.
5. If an employee is directed by a manager to work at another location when they come across the picket line what should the employee do?
The employee should speak to their MoveUP Site Captain or contact the Job Action Committee for direction.  If pressured by the employer, a member can simply answer that they are committed to contacting their union.  The goal is to avoid hostile communication with our managers and to make it difficult for them to undermine Unifor’s job action.

a) Is this true for both TransLink and CMBC?

Yes.

b) What if a member is directed to perform work remotely for a   site that is behind a Unifor picket line?

The answer is the same.

The member should inform their manager that they have been directed by the union not to conduct work on any location that is behind a picket line. They should then contact the Job Action Committee and report.
6. Instructors, who are MoveUP members, may have students with them when pickets go up.  The students are Unifor members and it is likely they and the instructor will be in a CMBC vehicle.  An instructor could come across a picket line at a location other than their report location and be unable to turn the bus around and must park it.  The instructor may be in the position of returning back to their workplace (depot) without crossing the picket line. What should happen to the student? Would the student stay with the instructor or join the Unifor picket line? 
Ask the student to ask the Unifor Picket Captain for direction.

a)      Does the instructor have the right to keep the student with them for further training under these situations?

It is up to the Unifor Picket Captain to advise the student.

b)      If a student requests advice from the instructor what should the instructor say?

The instructor should advise the student to ask the Unifor Picket Captain for direction.

c)       In the case where the student has joined the line, has the instructor breached any rules? 

So long as it was not the MoveUP instructor who provided direction to join the picket line, then the instructor has not breached any rules.
7. Can the employer instruct members to contact them via cell phone if they come to work and find a picket line?
The employee should report to the picket line and not call the employer:

  • Unless the employee was assigned a different work location and there might be some confusion regarding whether they have reported to work.
8. What if I find that my personal vehicle is behind a picket line?
Try to avoid this by parking outside of company property where this option exists.  Otherwise, ask the Unifor Picket Captain for permission to retrieve your vehicle.  If permission is not granted, then contact the Job Action Committee and we will work with Unifor on getting you access to your vehicle.   Under no circumstances use this access to take any work material or equipment home with you.
9. What if my house or car keys are in the office behind a picket line?
Members must keep their important personal items with them before a picket line appears. If you are unable to do so, ask the MoveUP Site Captain to assist. Our captains are to get permission from Unifor Picket Captains to retrieve your important personal items.  If permission is not granted, then contact the Job Action Committee and we will work with Unifor on getting you access to these.   Under no circumstances should you use this access to take any work material or equipment home with you.
10. What if I am on the road in the course of my daily work and I encounter a picket line?
Continue working until you reach the picket line.  Once there, contact your Job Action Committee.  After that, contact your employer and inform them of the situation.
11. Can I be directed by my employer to go back to work if I am on the picket line?
Directives will be communicated through the union and not from the employer. MoveUP will advise members if there is any change.
12. Can management do our work if we are not there and on the picket line?
Yes.
13. Can members who are on short term sick leave, WCB or disability attend picket lines and show support?
While we encourage all members to show support in whatever way they can, members must be very careful not to compromise their claim by their actions.  Please contact your Job Action Committee if you or other members have any questions.
14. What about working from home?  Is this an option?
We have been fighting for the right to work from home for a while now and we are still in negotiations with the employer around that project.  Since there has been past resistance to this idea from the employer and we do not have language yet to protect our members right to do that, members should not be working from home.  Again, we are stronger together and ask all members show up to support the picket lines.
15. Can the employer instruct members that if they come to work and see a picket line, they are to go home or to a coffee shop, library etc. and sign into the company’s VPN and work remotely?
The company has historically taken a stand with the Union that no employee is permitted to work from home. It is against company policy to work from home or other locations; therefore, members should not do so.  The exception is in departments (example BTS, IT support) where it is normal practice to remote into one location from another.  However, it is important that the member tell the Job Action Committee that this has been requested of them.
16. What if the picket line comes down after a couple of hours during our shift?
Members should return to work. Site Captains should contact the Job Action Committee.  If the members are at a location other than their usual work location, they should contact their supervisor or manager immediately and inform them they are on their way to report to work.
17. Will my medical benefits continue while on strike action?
Yes.
18. Who will schedule my breaks?
Your MoveUP Site Captain.
19. What if I have a physical accommodation to perform my regular work duties?
Please contact your Job Action Committee with any questions regarding accommodations.
20. What happens to my accrual of Y days while on job action?
Y days will likely be prorated to reflect time worked.
21. How do I contact my Job Action Committee?
cmbcjobaction@moveuptogether.ca or (604) 299-1324.

In Solidarity

Parm Sandhar, Union Representative

File Number: 19-CMBC-BARG-BLTN-Unifor Bargaining Update #8-FAQ-November 22
Union Label: PS/LJ: USW2009
 

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