Bulletin
ICBC Pilot Project Erodes the Claims Hierarchy; MoveUP launches immediate action
September 14, 2017
To: All MoveUP members at ICBC
This week the employer announced that a six month pilot project will be launched whereby some Injury Adjusters will be required to keep and handle represented files even though this is completely inconsistent with the claims jobs hierarchy and MoveUP’s agreement with ICBC. It’s clear that ICBC is facing a crisis around rising claims costs, especially with respect to represented files, but the solutions to this problem cannot be borne on the backs of the employees. We are taking immediate action on the employer’s initiative.
Why is this a Problem?
During two years of very difficult bargaining (2010-2012), the employer made it clear they wanted to make significant changes to the claims hierarchy, including the compensation associated with each job. They insisted that the work of front end Bodily Injury Adjusters was less complex and therefore less valuable than the work done by the Bodily Injury Adjusters who were handling represented files.
“At the bargaining table, ICBC’s position was clear: handling unrepresented files should only be paid at salary group 10, and represented files required more skill and responsibility so should be paid at salary group 11,” said Trevor Hansen, Union Representative. “I was at the table in that round and involved in the process of valuing the work created by the employer’s proposal. We accepted their position that on a go forward basis Injury Adjusters would not handle any represented files and would therefore be compensated at SG10 rates.”
The bargaining committee also negotiated that anyone that was currently receiving SG11 pay would not take a pay cut because of the employer’s decision to change how they structure the work. Many members were affected by this change, having to move to a new office or to a different role, but in good faith it was accepted that this was the future of injury claims at ICBC and how each position would be compensated. The result of this very difficult bargaining was a Letter of Understanding 26.
Five years later, the employer is now trying to erode the claims hierarchy by having Injury Adjusters handle files that are represented by lawyers. This runs contrary to what ICBC promised when they changed your jobs and created the existing claims hierarchy.
The Job Profiles are also very clear on this issue. Injury Adjusters handle “a caseload of unrepresented injury claims, involving complexity of a medical nature….” The Senior Injury Adjusters handle “a caseload of medium risk represented and litigated claims, involving moderate complexity and sensitivity of a medical and legal nature…..” (Emphasis added)
Now What?
The employer has advised that the compensation department is involved in the pilot project and intends to assess whether the work being done by Injury Adjusters on represented claims justifies compensation at a higher level. If the work were to be assessed at a higher level, any increase in pay would be retroactive.
Nevertheless, it is our position that anyone handling represented files should be paid at salary group 11 as per the job profiles. We do not need to do a job evaluation; that process was done in 2012 and the results of that process are clear (see the attached job profiles). We will be filing a grievance on this issue to ensure that anyone in this pilot project who is at salary group 10 receives acting pay for doing salary group 11 work. If you have been advised that you will be part of the pilot project, please email us at SG10@moveuptogether.ca so we can be sure your name is added to the list of impacted members.
In Solidarity,
Annette Toth
Vice President