Westland Insurance – Section 54 Adjustment Plan

September 1, 2023

To: All MoveUP Members at Westland Insurance

We understand how overwhelming yesterday’s news is and how emotionally challenging it is to go into your workplace now. The employer has served the union a Section 54 notice on Thursday, August 31, 2023. In it, the employer has noted that the Lake Cowichan branch is only open three days per week.  This branch will be closing as of October 31, 2023.

What is a Section 54 notice?

Section 54 of the Code currently requires that employers provide at least 60 days of notice to a union if it intends to introduce a “measure, policy, practice or change that affects the terms, conditions or security of employment of a significant number of employees.” Section 54 requires the parties to discuss an adjustment plan. The Code does not currently require that parties agree to an adjustment plan.

Once the parties discuss, either can apply to the Mediation Division of the Labour Relations Board for the appointment of a mediator to assist with development of an adjustment plan where one is not reached. Following mediation, the named mediator may make recommendations for terms of an adjustment plan, if needed.

What are relevant provisions in the collective agreement?

First of all, you can find an electronic copy of the collective agreement at this link: https://moveuptogether.ca/wp-content/uploads/2019/07/ISCU-Collective-Agreement-July-1-2019-to-June-30-2024-FINAL.pdf. We want to refer you to relevant provisions in the Collective Agreement:

Collective Agreement Article No. Cover…
Article 4 Rights of the Employer
Article 13 Layoff & Recall
Article 14 Seniority
Article 18 Severance Pay

What do we need from you?

The employer has the right to operate the business and direct the workforce, in accordance with Article 4 of the collective agreement. With that said, your union would continue our multi-faceted efforts in the Section 54 process.

Under the circumstance, you have the right to choose layoff, bumping, recall or severance as set out in the collective agreement. In the efforts to administrate and negotiate for those who are adversely impacted by the employer’s decision, we ask you to carefully consider the options and be patient. Once we have new information from the employer, we will share it with you in a general membership meeting. Should you have any question or concern, please do not hesitate to contact me at achen@moveuptogether.ca.

In Solidarity,

Anny Chen, Union Representative

File Number: 23-WESTLAND - Section 54 Adjustment Plan
Union Label: AC/ks usw2009


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